HomeMy WebLinkAboutMins 07/20/00 - 02/05/01NOTICE
Pursuant to Commonwealth of Virginia, Library of Virginia Records
Management and Imaging Services Division, Records Retention and
Disposition Schedule, General Schedule No. 4, County, City and Town
Administration Records, Series No. 010001; and General Schedule No.
19, Administrative Records, Series No. 010037, those items referred to
in the Minutes for full text other than Ordinances and Resolutions
have been destroyed in compliance with Guidelines provided by the
Library of Virginia.
Mary F. Parker, City Clerk
ROANOKE CITY COUNCIL ............. PLANNING RETREAT
July 20 -July 21, 2000
8:30 a.m.
The Council of the City of Roanoke held its Planning Retreat on Friday and
Saturday, July 20 and 21,2000, commencing at 8:30 a.m., atthe home of Dr. and Mrs.
Robert Roth, 100 November Lane, Wirtz, Virginia, facilitated by Lyle Sumek, Lyle
Sumek Associates, Inc.
COUNCIL MEMBERS PRESENT: William D. Bestpitch, William H. Carder, C.
Nelson Harris, William White, Sr., Linda F. Wyatt, and Mayor Ralph K. Smith ........ 6.
COUNCIL MEMBERS ABSENT: W. Alvin Hudson, Jr.- ................................ 1.
STAFF PRESENT: In attendance atthe morning worksession were: Darlene L.
Burcham, City Manager; James D. Grisso, Director of Finance; William X Parsons,
Assistant City Attorney; Mary F. Parker, City Clerk; Christopher L. Slone, Public
Information Officer; and, in addition to the above listed persons, James D. Ritchie,
Sr., Deputy City Manager; Kit B. Kiser, Assistant City Manager for Operations; and
George C. Snead, Jr., Assistant City Manager for Community Development, attended
the Friday afternoon work session and the Saturday morning work session.
Mr. Sumek reviewed proposed outcomes for the retreat which include a
strategic direction for Roanoke; i.e.: goals for 2005+, policy agenda and strategic
plan for 2000-01; enhanced Mayor/Council teamwork and effectiveness through
understanding each other as individuals; and Council team work and refinements
in the governance process. He advised that discussion would involve a framework
for Council effectiveness such as challenges for City leaders, the Council/Manager
form of government - history and basic principles, lessons from effective Councils
and teamwork - the key to City success, discussion on building the Mayor/Council
team through getting to know each other, problem solving, decision making, conflict
resolution and negotiations, and keys to team effectiveness with an eye on the future
by targeting Roanoke's key and unique assets, Council members' legacy for
Roanoke, and major challenges facing the City of Roanoke. Mr. Sumek stated that
the afternoon session would deal with strategic goal setting for the Roanoke of
today and Roanoke in 2005+ and a policy agenda for 2000-01, including targets for
Council action.
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There was discussion with regard to the types of persons that Council
Members deal with; i.e.: those persons who want things now, fast and convenient
and those persons who cannot be satisfied. Mr. Sumek pointed out that many
Council's in today's world spend considerable time on the unimportant, and asked
that Council think about how to focus on what is truly important in today's times.
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Mr. Sumek reviewed the personal characteristics, similar to a Myers-Briggs
study, of those persons in attendance who were born between the years 1935-1943
and 1954-1967.
He made the following observations: if one looks at who their community is,
values have to be adjusted along with the values that are brought to the table; the
key today is governing, or doing what is best for the city; governing will be crucial
during the next 12 - 15 months; Council should be the group to make decisions;
Council's job is to set policy to lead the needs, desires and expectations of the
locality, and management's job is how to carry out services and service results
impacts.
Mr. Sumek advised that the key ingredients of an effective Council acting as
the Board of Directors of a public corporation are: to hire a Chief Executive Officer,
to set strategic direction, to determine business, to establish a work program, to be
a cheerleader and advocate, to evaluate performance/accountability, to set the tone
through action, to decide (closure and direction), to know the community's needs
and anticipate opportunities, and to define problems and establish parameters.
Mr. Sumek noted that effective teams recognize goals through unifying
purposes/goals (goals and outcomes, work programs and game plans, strategy and
action steps); roles (individual contributions by valuing individuality); defining
responsibilities and practicing teamwork; executing - by producing results through
action; analyzing, deciding, acting, evaluating, learning and adjusting; an attitude or
a willingness to work together with respect for each other; cooperation, openness
and celebrating successes; and trusting each other where commitments become
reality leading to learning from setbacks, establishing guidelines and support for
each other.
The Members of Council engaged in a learning skills inventory. Following the
assignment, Mr. Sumek made the following observations:
City staff should devote no more than three-five minutes on staff
presentations for Council;
Slides will not be as effective as on site inspections/visits which will lead to
more inner action by Council and walking sites collectively rather than
individually will be more productive;
Council has the ability to act quickly to solve problems;
No one should be desirous of a team that acts and thinks alike;
Council works well with oral briefings;
Council is well focused on issues;
Council needs time for discussion;
Council needs to take time to define problems;
Council will function better through photographs rather than by text;
Council needs to take time to evaluate and make adjustments as necessary;
Council should avoid blame, or finding fault, which will act to restrict staff's
ability to be helpful;
Council needs a variety of options from the City Manager;
Council should refer emotionally charged issues to the City Manager;
Work sessions or study sessions will be critical to Council's successes
because spending more time in work sessions than in formal Council
sessions where one or two topics receive in-depth discussion will provide an
avenue where Council Members can negotiate with each other;
Council believes that plans and processes are flexible and expects staff to
report back with modified plans; and
Council should not have a document handed out at the last minute because
some Council Members need time to review contents either one on one or
collectively.
The Members of Council completed the Thomas - Kilmann Conflict Modes
Instrument which is designed to assess the behavior of an individual in conflicting
situations, or those situations where the concerns of two people appear to be
incompatible; in such situations, a person's behavior can be described along two
basic dimensions: (1) assertive - the extent to which the individual attempts to
satisfy his/her own concerns and (2) cooperativeness - the extent to which the
individual attempts to satisfy the other persons' concerns; and these two basic
dimensions of behavior can be used to define five specific methods of dealing with
conflict: viz: competing, collaborating, compromising, avoiding, and
accommodating.
Based on responses to 30 questions included in the exercise, the facilitator
reviewed the scores of each participant and how they ranked within the Thomas-
Kilmann profile.
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Based on individual scores, Mr. Sumek analyzed the group as follows:
The keys to success will be the ability to compromise, and Council will
resolve more conflicts through compromise.
Council will need time to look at options leading to a collective solution/
compromise.
Council needs rules because if it gets too competitive, it will lose
effectiveness.
If there is a conflict, it should be placed on the table for discussion by
Council.
Council Members want the same information at the same time.
Mr. Sumek asked Council Members to respond to the following:
(1) Identify three peak experiences in your life.
(2) List two - three things that no one in the room knows about you.
(3) Why did you get involved in City and community activities?
(4) What do you do for fun?
Following the exercise, the facilitator collected $10.00 from each participant
and designated Mr. Bestpitch as Chair of a committee composed of Council Member
Wyatt and City Manager Burcham to plan a special/fun event for participation by the
group within the next 30 - 40 days.
Council Members were then requested to identify three primary assets of the
City, what is unique about the City of Roanoke that gives the City a competitive edge,
what is the legacy that Council Members would like to leave, and what are the three
biggest challenges facing the community.
Following lunch, each Council Member reported outtheir individual responses
to the above listed questions.
The City Manager advised that she would like for Council to define what size
of community it would like the City of Roanoke to be, what mix of owner occupied
or rental housing should exist, and what percentage of housing should be
subsidized and/or Iow to moderate income housing. She stated that from that
information, Council could better evaluate the proposals that come before it. She
added that sometimes when a locality loses population, is not the negative that it is
portrayed to be.
It was noted by a Member of Council that the matter should be discussed as
a part of the City's Comprehensive Plan and the facilitator advised that Council
should provide input into the Comprehensive Plan early in the process to let staff
know of Council's vision and questions that need to be addressed.
Mr. Sumek pointed out that Roanoke is a winner and referred to the downtown
area and improvements in the neighborhoods. He advised that a winner
acknowledges a goal, and a community continually refocuses on that goal; a winner
shares the successes rather than claims the successes; a winner is dependent upon
a leader and the City should look at ways to develop the next generation of leaders
(mentoring); and a winner has a game plan or strategy which provides the flexibility
to react to a changing environment.
The facilitator reviewed suggestions made by Council Members as a result of
individual interviews regarding goals for Roanoke for the year 2005 and beyond, as
follows:
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Vibrant downtown,
Strong historic neighborhoods,
Healthy local economy,
A community where people want to live,
Working together as a City,
Enhanced environmental quality,
Quality service: responsive and cost effective, and
Financially stable City government.
Council Members broke into groups of two, with appropriate City staff, and
each group selected two of the above listed goals for discussion as to challenges
and opportunities.
Following the exercise, each Member of Council was requested to rank, one
to four, the most important goals of the City; whereupon, the following goals were
identified:
Healthy local economy,
Quality Service: responsive, cost effective,
Strong historic neighborhoods (the word historic was later deleted),
Working together as a city,
Vibrant downtown, and
Enhanced environmental quality.
Mr. Sumek referred to the following issues previously identified by the
Members of Council in individual interviews that they would like to accomplish over
the next year:
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Comprehensive Plan
Westview Terrace
Victory Stadium
Riverside Centre Development
Higher Education Center
1-73: Policy on alignment
Neighborhood Plans/Planning
High School
Renaissance Plan
Tourism: Policy and Funding
Zoning Ordinance: Revision
Government Effectiveness
Regional Policy Agenda
Code Enforcement: Enhancement
Schools As Community Centers
Greenway/Bike Lanes Development
CDBG: Policy and Process
Recreation for Youth: Direction
Social Services: Direction
City Hall/Space Plan
Housing Policy
Customer Service
Financial Policies and Multi Year Plan
"Historic": Policy Direction
Henry Street Area
Air service: Enhancement
Community Clean Up Policy/Project
Utility Rates
Compensation and Pension Policy
The City Manager presented a list of issues prepared by City staff that need
to be addressed over the next six years and advised that it will be interesting to see
how much similarity exists between the list prepared by staff and Council's list.
At 6:00 p.m., the work session was declared in recess for dinner. Following
dinner, it was the consensus of Council to reconvene at 8:30 a.m., on Saturday,
July 21, at the home of Dr. and Mrs. Roth.
The Planning Retreat reconvened on Saturday, July 21, at 8:30 a.m., at the
home of Dr. and Mrs. Robert Roth, 100 November Lane, Wirtz, Virginia.
The facilitator reviewed a hand out regarding effective leaders who are defined
as path finders, who believe in creating the future through goals, targets for action,
and linking actions to goals; leaders are team builders who develop partners to set
a positive tone, involve others by listening, and share resources; and leaders are
conductors who inspire others to act through clear direction and then delegation,
monitoring of performance, and celebrating successes.
Based on a tabulation of the exercise that Members of Council participated in
on Friday afternoon in regard to challenges and opportunities relative to the goals
listed on page 9, the facilitator advised that the six goals identified by Council
Members for Roanoke 2005+ are:
Healthy local economy,
Quality service: responsive and cost effective,
Strong historic neighborhoods (the word "historic" was later deleted),
Working together as a City,
Vibrant downtown, and
Enhanced environmental quality.
Also, based on the exercise each Member of Council participated in on Friday,
each goal was broken down as to what it means to a citizen -- objectives, challenges
and opportunities; whereupon, the Members of Council, were requested to go back
into the same work teams and define four - five of the most critical short term
challenges and opportunities pertaining to each objective.
Mr. Sumek discussed formulas for success, followed by a discussion of the
29 issues identified by Council as 2001 targets for action, plus ten targets identified
by City staff:
Comprehensive Plan: Update: The City Manager advised that a key
issue relating to the process is the appointment of an advisory
committee through a nomination process; the City Planning
Commission could review the goals and forward a recommendation to
Council of approximately 30 persons to serve as an advisory group,
which would also provide a way to involve citizens who have not
otherwise been involved in City government and create a kind of
emerging leaders list.
Westview Terrace: Direction. The City Manager advised that the issue
is almost completed and is scheduled for Council's August 7 agenda.
Victory Stadium - Direction and Action Plan: The City Manager noted
that the matter is scheduled to come to Council in the near future.
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10.
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12.
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14.
15.
Riverside Centre: Policy, Direction and Action: The City Manger
advised of meetings which have been scheduled with the three
businesses that use rail service as a part of their operation to try and
resolve certain issues.
Higher Education Center: Actions: The City Manager noted that parking
needs have been budgeted and land acquisition potential should be
added to the needed action.
1-73: Policy Direction - The City Manager advised that Council needs to
decide if it wants to conduct public hearings in addition to the Virginia
Department of Transportation public hearings, and some members of
Council have indicated that Council work sessions are needed.
Neighborhood Plans: Development- The City Manager advised that five
neighborhood plans are scheduled for completion in the year 2000, and
neighborhood plans and the Comprehensive Plan go hand in hand.
High School: Policy, Direction and Funding - There was discussion
that the matter is a school related issue and Council's role is to be a
funding partner. The City Manager advised that at some point, Council
will need to discuss the funding cycle, and the information that Council
received in May during 2000-01 budget study by school representatives
has been somewhat accelerated by approximately one year; and if there
is to be a bond referendum in the future, the high schools are an
important element of any action plan that is presented to the voters.
Renaissance Plan: Direction and Action Steps.
Tourism: City/Regional Policy and Funding.
Zoning: Evaluation and Policy.
Government Effectiveness: Evaluation and Actions.
Regional Policy Agenda. The City Manager called attention to an
invitation that was extended at a recent meeting with the Roanoke
County Board of Supervisors in regard to a social event that would be
participated in by elected officials and staff from the surrounding
Roanoke Valley jurisdictions.
Code Enforcement: Evaluation.
Schools As Community Centers.
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17.
18.
19.
20.
21.
22.
23.
Greenway/Bike Lanes Development.
CDBG: Policy and Process.
Recreation/Programs for Youth.
Social Services. Direction.
City Hall.
Housing policy.
Customer service.
Financial Policies and Multi Year Plan: The City Manager suggested
that Council commit to another retreat before the end of the year to not
only make an assessment of this retreat, but to look at the future and
discuss strategic financial planning. She suggested a
December/January time frame for another Council retreat.
24. "Historic" Policy: Direction.
25. Henry Street Area.
26. Air Service - It was the consensus of Council to delete air service as a
separate category for discussion under regional issues with other
Roanoke Valley jurisdictions.
27. Community Cleanup Policy.
28. Utility Rates.
29. Compensation and Pension Policy.
The facilitator referred to the list prepared by staff and stated that items 5, 8,
10, 15, 17, 19 and 22 have not been addressed.
Of the above listed issues, Mr. Sumek requested that each Council Member
rank the five top priorities and a sixth to be used as a tie breaker; whereupon, the
following items were rated as top priorities: Comprehensive Plan, Victory Stadium,
1-73, and Regional Policy.
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Of the remaining issues, on the second round of ranking, the facilitator
requested that Council Members rank the five highest priorities with a sixth as a tie
breaker; whereupon, the following items were rated as high priority: Riverside
Centre, Government Effectiveness, and Financial Policy.
Of the remaining issues, on the third round of ranking, Council Members were
asked to rank the five highest issues; whereupon, the following were rated as
moderate priorities: Neighborhood Plans, Tourism, and Code Enforcement and
Evaluation.
Mr. Sumek encouraged City staff to develop measurements for achieving
goals and in one year, he suggested that Council hold another planning retreat to
review its progress. He further suggested that the City celebrate its successes.
Council members reviewed the following house rules/code of conduct:
Focus on the issue - no personal attacks, or stereotyping the person;
Decide, move on to the next issue - remember four votes decide an issue;
Agree to disagree - look for agreement first;
Focus on "best" for Roanoke - leave partisanism behind;
Be brief and concise in comments - avoid beating the "issue";
Come prepared - do homework, ask questions ahead of the meeting;
Listen before judging - understand the other person's point of view;
Treat everyone with respect - be courteous and fair;
Share information and talk with all members - avoid counting to four; and
Maintain confidentiality.
The following was discussed with regard to Council protocols, guidelines for
Council/staff interaction:
Simple requests for information:
Forward to the City Manager
Research Issues - For example: Research requests that could take as long as four -
eight hours.
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The City Manager advised that if Council believes a certain request might not be a
good use of municipal resources, she would suggest that Council allow the City
Manager to provide an estimate of the amount of time that it would take to perform
the research. If Council believes a research project will involve a significant amount
of time, she requested that she be alerted by the individual Council Member in order
for the Council Member to know how much staff time will be involved. If a request
is made at a Council meeting, she requested that Council ask the City Manager to
report back with the estimated amount of staff time involved to complete project
research.
Sharing information:
It was the consensus of Council that if a Member of Council requests certain
information, that information should be provided to all Members of Council through
the City Manager's Office, and/or the appropriate Council Appointed officer.
Questions on Council agenda items:
The City Manager expressed a preference that Council Members call her office, or
the appropriate Council Appointed Officer, with questions pertaining to Council
agenda items in advance of the Council meeting. She advised of her willingness to
call Council Members prior to the Council meeting to inquire if they have issues for
discussion and she would welcome calls by Council Members over the weekend
leading up to the City Council meeting on Monday.
There was discussion with regard to some type of pre-notification to Council
Members of agenda items prior to the time that the agenda is delivered to the
Members of Council on Thursday evening. For example, a fax on the Monday prior
to the following Monday's Council meeting alerting Council Members as to potential
agenda items. The City Manager advised that staff could provide a status report on
items that will be tentatively placed on the upcoming agenda.
A Member of Council suggested that some type of numbering system be initiated
which could be consistently assigned to certain topics.
The consensus of Council was to receive tentative information from the City
Manager and/or the appropriate Council Appointed Officer on the Monday prior to
delivery of the Council agenda package on Thursday with regard to major agenda
items. The City Manager advised that titles of some agenda items could be provided
to Council in advance of the actual meeting, but some of the items may not be detail
ready and if, at some point, Council believes it is receiving too much information,
she would request that she be advised.
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Employee contact:
Mr. Sumek advised that Council's response to an employee contact should be to
inquire if the employee has talked with their supervisor, and suggested that
employee contacts be shared by the Members of Council with the City Manager.
Citizen inquiry/service request:
With regard to handling citizen inquiries and/or service requests, the City Manager
requested that Council suggest that citizens direct their complaints/inquiries to the
City Manager's Office, orto the City's RESPOND! system, because Council Members
should not be placed in a position of having to make those types of referrals. If the
citizen advises that they have reported their complaint/inquiry to the City and they
have not received the level of service they believe is appropriate, she requested that
her office be notified and she would want Council to be seen as intervening at that
point.
Spokesperson for City: Mayor/City Manager
It was the consensus of Council that the Mayor will be the spokesperson for Council,
the City Manager will be the spokesperson on behalf of the administrative staff, and
the City Attorney will be the City's spokesperson on legal issues.
With regard to individual requests by Council Members that require a vote of
Council, it was the consensus of Council that matters will be placed on the agenda,
under either the Consent Agenda or Petitions and Communications, and if a matter
is not included on the agenda, it should be ruled out of order by the presiding
officer.
It was the consensus of Council to eliminate item 9.a. Inquiries and/or Comments by
the Mayor and Members of Council, from the agenda. (Item 9.a. was later reinstated
by Council, effective August 21, 2000.)
The City Manager requested guidance from the Members of Council as to
those items that Council Members would like to address as a part of the Consent
Agenda which will help to streamline the meeting process. She also referred to
Roberts Rules of Order for small groups that would help to shorten meetings.
Mr. Sumek suggested that Council appoint a committee composed of two
members of Council to work with City staff to review the house rules and report to
Council in approximately 30 days with proposed suggestions; whereupon, Mayor
Smith and Council Member Harris volunteered to work with the City Manager and the
City Clerk on the assignment.
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In closing, Mr. Sumek encouraged the Members of Council to meet again in
three to four months to refine the process; and asked that Council recognize that the
work that was done over the last one and one-half days is not perfect, but it is the
beginning to a positive process. He advised that the Members of Council have the
potential to be exceedingly good leaders, they work well together, and encouraged
Council Members to have patience with each other, to put politics aside and to focus
on the contributions of each other.
The City Manager presented a draft of the third annual performance report on
the City's progress during the past fiscal year relative to Council's Vision. She
advised that Council's Vision continues to strategically guide the City's efforts to
make Roanoke a community of excellence for all people who live, work and visit the
Roanoke area.
There being no further business, the Mayor declared the Planning Retreat
adjourned at 12:10 p.m.
APPROVED
Mary F. Parker
City Clerk
Mayor
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REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
August 7, 2000
12:15 p.m.
The Council of the City of Roanoke met in regular session on
Monday, August 7, 2000, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Rule 1,
Regular Meetinqs of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt and Mayor Ralph K. Smith--6.
ABSENT: Council Member C. Nelson Harris ............................................... 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Deputy City Manager; William M. Hackworth, City Attorney; and Mary F. Parker, City
Clerk.
At 12:18 p.m., the Mayor declared the meeting in recess for a joint meeting of
Council and the City of Roanoke Redevelopment and Housing Authority in the
Emergency Operations Center Conference Room, Room 159, Municipal Building
South.
At 12:25 p.m., the meeting reconvened in the Emergency Operations Center
Conference Room, with Mayor Smith and Chairperson Willis Anderson presiding,
and all Members of the Council in attendance.
HOUSING AUTHORITY COMMISSIONERS PRESENT: Carolyn M. Bumbry,
Christie L. Meredith, Ben J. Fink, H. Victor Gilchrist, Joseph F. Lynn and
Willis M. Anderson.
ABSENT: Commissioner James W. Burks, Jr.
HOUSING AUTHORITY STAFF PRESENT: John P. Baker, Executive Director;
John Grove, Attorney; Harry L. Zulauf, Director of Administration; Anita Lee, Director
of Resident Services; Earl Saunders, Director of Housing Management; Robert
Michaux, Director of Human Development; Evelyn Ringler, Administrative Assistant
to the Executive Director; David Baldwin, Director of Customer Service and Project
Director for Lincoln 2000; Fred A. Johnson, II, Director of Community Development;
and Daniel Campbell, Rehabilitation Director.
CITY STAFF PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Deputy City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Deputy
Director of Finance; Kit B. Kiser, Assistant City Manager for Operations; George C.
Snead, Assistant City Manager for Community Development; Mary F. Parker, City
Clerk.
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HOUSING/AUTHORITY-COUNCIL: Chairman Anderson expressed
appreciation to Council for hosting the annual meeting and welcomed Council
Member Harris, Council's liaison representative, to the membership of the Housing
Authority. He advised that the relationship between City Council and the Housing
Authority is one of the oldest and most important partnerships fostered by the City
and a great deal of progress has been made over the years as a result of the
partnership.
John P. Baker, Executive Director, reported on activities during the past year
which have involved a close working relationship with the City administration; i.e.:
a partnership with the Police Department on the Gun Buy Back Program; the Even
Start Program with the Roanoke City Public School system; the Adolescent Health
Care Partnership with the school system; proposed residential units in GOB south,
and development of plans for the proposed South Jefferson Street redevelopment
area. He advised that Housing Authority staff has made considerable commitments
to the community during the last year; i.e.: two staff members serve on the
Christmas in April Board of Directors and the Housing Authority sponsored one
house; 76 per cent of Housing Authority staff contributed to the United Way
Campaign which was encouraged by management as a way to reflect community
partnership; staff participated in Clean Valley Day; the Housing Authority and staff
continue to work with the City Manager and the City Administration to help revitalize
neighborhoods, to continue economic development activities, and to improve
service delivery to public housing residents in order to become a model for the
country in public housing; work is moving forward with the Lincoln 2000 program;
staff is reviewing a change in the way public housing is operated and maintained by
involving residents to the highest possible level; and staff is reviewing ways to
generate new sources of revenue as dollars continue to decease at the Federal
government level.
David Baldwin, Director of Customer Service and Project Director for Lincoln
2000, presented a report on the Lincoln 2000 project, which will create a significant
change in the neighborhood community. He advised that a $15.1 million grant was
received from HUD to not only revitalize physical aspects of the neighborhood, but
to provide services and to create economic opportunities for residents of the public
housing development; it is planned to physically remodel the neighborhood to
closely reflect other neighborhoods in Roanoke City; to create opportunities for
residents to receive training and support services and to use the public housing
redevelopment project as a catalyst for larger improvement in the Washington Park
neighborhood. He explained that three buildings have been razed as an example of
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the demolition activities that will occur in the development, and some public housing
units will be removed and replaced with Iow cost affordable duplexes and some
single family homes. He advised that mixed use development exists beyond the
borders of Lincoln Terrace and new home ownership opportunities will be created
in the Washington Park neighborhood by purchasing some vacant lots and providing
in-fill construction and rehabilitation loans to existing homer owners in the
Washington Park neighborhood. He added that bids for Phase I of Lincoln Terrace
will be received at the end of August, with construction anticipated to begin 30 - 60
days following award of the contract; approvals are needed from the Department of
Housing and Urban Development which should be completed within 30 - 45 days;
and throughout project planning and implementation, the Housing Authority has
tried to insure that residents and other stakeholders have been afforded the
opportunity to participate. He called attention to other projects involving the
Housing Authority, the goal of which is to revitalize the City, which involved
properties on Elm Avenue, and 4th Street and 13th Street that which are considered
to be significant in view of their proximity to major corridors and entrances to the
downtown area by improving those properties that had been in a state of decline for
a number of years.
Fred A. Johnson, Director of Community Development, discussed market rate
housing in the downtown area, the status of the South Jefferson Street
redevelopment area, and the home ownership program, and property acquisition.
Daniel Campbell, Rehabilitation Director, advised that the Housing Authority
recently completed its 24th year of activities in neighborhood rehabilitation and home
ownership. He called attention to the home repair program that has been
administered for a number of years involving emergency repairs to homes of Iow
income families which is a program that allows the Housing Authority to intervene
in housing situations if a life threatening situation occurs such as heating or
electrical problems, etc., the Operation Paintbrush Program, the Consolidated Loan
Program which is a mix of Community Development Block Grant funds with private
funds from a line of credit that the Housing Authority obtains through a private
lender, and over $11410,000.00 have been committed to activities for primary
owner/occupied housing.
Robert Michaux, Director of Human Development, reviewed background
information on the inducement resolution process in connection with construction
of a parking garage, surface parking lot, and certain site improvements related to the
Roanoke Higher Education Center and the Greater Gainsboro Redevelopment Area
Cooperation Agreement, which will be considered by Council at its 2:00 p.m.
session.
Anita Lee, Director of Resident Services, discussed services offered to public
housing residents, the goal of which is to strengthen families and the community
through employment opportunities for families living in assisted housing,
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entrepreneurship for youth by and broadening their development through a
magazine developed for youth, health and fitness programming, a partnership with
the Roanoke City school system through the Adolescent Health Care Partnership,
establishment of the first Boys and Girls Club in the Lansdowne Park Housing
development, promotion of the scouting program, promotion of the Even Start
Program, provision of scholarships for youth, adults and graduating high school
seniors, promotion of family self-sufficiency, adult training, GED training, promotion
of independent living to remove residents from the roles of public housing thus
enabling them to become productive citizens, and promotion of safe neighborhoods
and community safety plans.
Following questions and comments by the Members of Council, there being
no further business, the Mayor declared the meeting of Roanoke City Council in
recess at 1:40 p.m., to be reconvened at 2:00 p.m., in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke,
Virginia.
At 2:00 p.m., on Monday, August 7, 2000, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following
Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr.,
William White, Sr., Linda F. Wyatt, William D. Bestpitch, William H. Carder and Mayor
Ralph K. Smith ................................................................................................. 7.
ABSENT: None ......................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Deputy City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Deputy
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend
John L. Washington, Pastor, Faith and Hope Church of God and Christ.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He called specific attention to three requests for Closed Meetings to
18
ACTION:
ACTION:
discuss a matter with regard to acquisition of real property for public purposes; to
discuss a matter with regard to a prospective business, where no previous
announcement of the interest of the business in locating its facilities in the City has
been made; and to discuss personnel matters with regard to vacancies on various
authorities, boards, commissions and committees appointed by Council.
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting a Closed Meeting to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended., was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the request of the Mayor to convene
in Closed Meeting to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by Council, pursuant
to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................... 0.
PURCHASE-SALE OF PROPERTY: A report of the City Manager requesting
that Council convene in Closed Meeting to discuss a matter with regard to
acquisition of real property for public purposes, pursuant to Section 2.1-344 (A)(3),
Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the request of the City Manager to
convene in Closed Meeting to discuss a matter with regard to acquisition of real
property for public purposes, pursuant to Section 2.1-344 (A)(3), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Carder and adopted by the
following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................ 0.
ACTION:
INDUSTRIES-ECONOMIC DEVELOPMENT: A report of the City Manager
requesting that Council convene in Closed Meeting to discuss a matter with regard
to a prospective business, where no previous announcement of the interest of the
business in locating its facilities in the City has been made, pursuant to Section 2.1-
344 (A)(5), Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the request of the City Manager to
convene in Closed Meeting to discuss a matter with regard to a prospective
business, where no previous announcement of the interest of the business in
locating its facilities in the City has been made, pursuant to Section 2.1-344 (A)(5),
Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder and
adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
PENSIONS-CULTURAL SERVICES COMMITTEE-ECONOMIC DEVELOPMENT-
HUMAN DEVELOPMENT COMMITTEE-PERSONNEL DEPARTMENT-ROANOKE
NEIGHBORHOOD PARTNERSHIP-GREENWAY SYSTEM-OATHS OF OFFICE-
COMMITTEES: The following reports of qualification were before Council:
Donna S. Johnson as a member of the Board of Trustees,
City of Roanoke Pension Plan, for a term ending June 30,
2004;
Courtney A. Penn as a member of the Cultural Services
Committee for a term ending June 30, 2001;
William L. Bova as a member of the Economic
Development Commission for a term ending June 30,
2003;
Glenn D. Radcliffe as a member of the Human Services
Committee for a term ending June 30, 2001;
Alphonzo L. Holland, Sr., and Carol D. Wright as members
of the Personnel and Employment Practices Commission
for terms ending June 30, 2003; and
19
20
ACTION:
ACTION:
Henry Scholz for a term ending November 30, 2002, and
Fredrick M. Williams to fill the unexpired term of Keith
Moore, resigned, ending November 30, 2001, as members
of the Roanoke Neighborhood Partnership Steering
Committee.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. Harris moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
COUNCIL: A communication from Council Member Linda F. Wyatt
recommending that the Mayor and the City Manager initiate conversations with
representatives of surrounding localities for the purpose of establishing "Greater
Roanoke Valley Work Sessions," was before Council.
Ms. Wyatt advised that a "work session" format with the goal of developing
"strategic plans" would be much more conducive to planned meetings with fellow
elected officials from the surrounding localities of the Greater Roanoke Valley
(Roanoke County, Salem, Vinton, Franklin County, Botetourt County, and Bedford
County), and suggested that the work sessions be held bi-annually and that each
session be devoted to a specific topic, such as transportation/mass transit, storm
water management, or economic development, etc.
(For full text, see communication on file in the City Clerk's Office.)
Ms. Wyatt moved that Council concur in the recommendation. The motion
was seconded by Mr. Harris and unanimously adopted.
BLUE RIDGE COMMUNITY SERVICES: A communication from Rodney P. Furr,
Chair, Blue Ridge Community Services Board of Directors, recommending
ratification of certain revisions to the By-Laws of Blue Ridge Community Services,
was before Council.
TION:
It was advised that revisions have been made to reflect recent changes to the
organizational structure, as follows:
The name of the agency will become Blue Ridge Behavioral Healthcare,
effective January 1, 2001, to better reflect their mission;
The ordering of officers and their duties has been clarified and put into
outline form;
Composition of the meeting quorum has been redefined;
Standing committees have been renamed and redefined to comply with
their service restructuring;
References to new Board member orientation have been deleted as
duplicative because they are required elsewhere by regulation; and
The period of notice for by-laws changes has been increased from five
days to 15 days.
(For full text, see communication on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the matter would be
referred to the City Manager for study, report and recommendation to Council.
BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS-VICTIM/WITNESS/JUROR
PROGRAM' A communication from the Commonwealth's Attorney recommending
acceptance of a grant made to the City by the Commonwealth of Virginia Department
of Criminal Justice Services for a Victim/Witness Assistance Program, was before
Council.
21
It was advised that the Victim/Witness Assistance Program was awarded a 12
month, $100,960.00 grant for the period July 2000 through June 2001, to provide
comprehensive information and direct services to crime victims and witnesses in
accordance with the Virginia Crime Victim and Witness Rights Act; and cost to the
City for the grant is $25,671.00 as a local cash match, for a total grant budget of
$126,631.00, and local cash match is equal to that of fiscal year 1999-2000.
The Commonwealth's Attorney recommended that Council accept
Victim/Witness Grant No. 01-G8554VW00, in the amount of $100,960.00, with the City
of Roanoke providing $25,671.00 as a local cash match from monies provided in the
Transfer to Grant Fund account in the fiscal year 2000-01 budget, for a total grant of
22
ACTION:
ACTION:
$126,631.00; authorize the City Manager to execute all documents to obtain the
grant; and appropriate funds in the amount of $126,631.00 in revenue accounts to
be established in the Grant Fund by the Director of Finance and to expenditure
accounts as more fully set forth in the report.
The City Manager submitted a written report concurring in the
recommendation of the Commonwealth's Attorney.
(For full text, see communication and report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34974-080700) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 342.)
Mr. Hudson moved the adoption of Ordinance No. 34974-080700. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................ , .................................................................. 7.
NAYS: None ............................................................... ~ ............................ 0.
Mr. Hudson offered the following resolution:
(#34975-080700) A RESOLUTION authorizing the acceptance of Grant No. 01-
G8554VW00 made to the City of Roanoke by the Commonwealth of Virginia
Department of Criminal Justice Services for a Victim/Witness Assistance Program
and authorizing the execution and filing by the City Manager of the conditions of the
grant and other grant documents.
(For full text of Resolution, see Resolution Book No. 63, page 343.)
Mr. Hudson moved the adoption of Resolution No. 34975-080700. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................ 0.
REPORTS OF OFFICERS:
23
CITY MANAGER:
BRIEFINGS:
RECYCLING-REFUSE COLLECTION-STREETS AND ALLEYS: The City
Manager introduced a briefing in connection with proposed changes to the City's
solid waste collection program which will improve the overall appearance of the
City's neighborhoods.
Robert Bengtson, Director of Public Works, presented a summary of the
proposed changes, and advised that three primary areas of solid waste collection
have been of concern to the City administration and to the community; i.e.: (1)
collection of bulk items and brush, (2) providing recycling to all residents while
using a new method of collection, and (3) moving solid waste collection out of a
substantial percentage of the City's alleys to the curbside in front of the residence.
He explained that the collection of bulk items and brush currently requires citizens
to call the Customer Service Center to schedule a collection date which can occur
anywhere from one to 13 days from the date of the call, and items must be placed
at the curb the day before collection; however, it is now the City's goal to begin
regular route collection of bulk items and brush on all streets beginning on or about
October 2, 2000, which will provide residents with a weekly and regularly scheduled
date for collection of bulk and brush that will likely coincide with the normal pickup
date, enhance neighborhood appearance and eliminate call-ins by citizens to
schedule collection, and implementation will require acquisition of two new vehicles
for bulk and brush collection to allow the program to proceed as proposed. He
added that the second area of change relates to recycling and it is proposed to
introduce a fourth and final phase of recycling which includes the remainder of City
streets and will also serve as a pilot program for a new co-mingled collection
process. He advised that co-mingling means that the items to be recycled do not
have to be sorted by using two gallon containers instead of the one 32-gallon
container which is now used and the new process will allow a greater number of
commodities to be collected on a weekly basis, alternating between newspapers and
mixed paper products in one of the 25-gallon bins one week and bottles, cans and
a greater variation of plastic containers in the second 25-gallon container the
following week. He stated that the new weekly collection program is anticipated to
increase the number of households that recycle and also increase the amount of
material that is recycled, and the City's goal is to double the quantity of items that
are recycled once the new program is extended to all households. He advised that
initially, implementation will require that the City provide two new recycling bins per
residence in the Phase IV area and semi-automated packer trucks will be used in the
collection process rather than the existing trucks which will ultimately be taken out
of service; the start date for recycling in the Phase IV area will depend upon the
delivery of the new bins to the Solid Waste department for subsequent delivery to
24
Phase IV residents, and November 2000 is the target date to begin the new program,
with the process to be phased in to the remainder of the City after giving the new
process sufficient time to gain the desired effect. He explained that the third area
of change concerns alleys and curbside collection of solid waste; currently, solid
waste is collected at the curb in front of 56 per cent of Roanoke's households and
the remaining 40 per cent is collected from alleys; City alleys which were built in the
1930's are a poor fit for the solid waste vehicles of today and the goal is to come out
of as many alleys as possible, with the collection of solid waste to be changed to
curbside collection for as much as 85 per cent of Roanoke's households where the
automated one arm bandit trucks can be put to greater use. He added that it is
recognized that there are practical considerations such as the lay of the land, or on
street parking that would continue to make alley collection appropriate for the
remaining 15 per cent of residents; and implementation will require the acquisition
of two new one arm bandit trucks, with implementation proposed for July 2001. He
stated that all program changes will be accomplished within current staff levels,
changes will be well publicized throughout the community and Council will be
requested to adopt ordinance revisions in September which will take into account
not only the above referenced program changes, but also certain issues that have
been discussed in recent years with the citizens advisory committee such as the
time of day that containers must be removed from the curb and the location where
containers should be ~tored.
The City Manager advised that once solid waste collection is moved to the
front of the residence, alleys should be closed and should no longer be public
rights-of-way maintained by the City, but should become the property of the adjacent
property owner for maintenance purposes. Accordingly, she stated that a
recommendation will be submitted to Council in regard to alley closures following
the July 2001 implementation date for the proposed solid waste collection program.
There was discussion with regard to provision of a type of lid with the
proposed new recycling containers, and the merits of continuing the recycling
program since only approximately seven per cent of City residents participate in
recycling.
The City Manager pointed out that the City does not have a user friendly
recycling program and the Roanoke Valley has not promoted the preservation and
conservation of its environment in the manner that it should. She stated that the
purpose of the pilot program is to determine if weekly collection with a different kind
of recycling bin and non-sorting will create a program that makes recycling as easy
and convenient as possible for all citizens. She added that if the program does not
work in the pilot area of the city, consideration should then be given to disbanding
any recycling program, but until the City engages in a user friendly program, it
should not cease its efforts at recycling because recycling has been successful in
other parts of the state and the country.
There was discussion with regard to elderly citizens who are physically unable
to move their refuse containers to the curb and the City should insure that
assistance will be provided for those individuals; whereupon, the City Manager
pointed out that the City currently has a program in place to address the needs of
those individuals.
25
Mr. Bob Caudle, 4231 Belford Street, S. W., complimented the City Manager
and staff on the proposed revisions to the City's solid waste program.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
ITEMS RECOMMENDED FOR ACTION:
HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report
advising that historically, the Roanoke Redevelopment and Housing Authority has
administered a variety of HOME-funded housing programs for the City; on May 9,
2000, Council authorized the Housing Authority's 2000101 HOME activities and
funding, pursuant to Resolution No. 34798-050900, which approved submission of
the City's 2000-2005 Consolidated Plan to the U. S. Department of Housing and
Urban Development; and Council accepted 2000101 HOME funds on June 19, 2000,
pursuant to Ordinance No. 34882-061900 and Resolution No. 34883-061900, pending
receipt of an approval letter from HUD which is currently completing the routine
Congressional release process.
It was further advised that in order for the Housing Authority to provide
eligible City homeowners and buyers with the housing activities approved in the
Consolidated Plan, Council's authorization to execute an agreement with the
Housing Authority is needed; HOME funding is available in certain accounts listed
on an attachment to the proposed agreement; the agreement contains a mutual
indemnification clause by which both parties agree to indemnify the other for
damages and expenses incurred as a result of the other party's conduct; and the
effect of the clause is that, in certain circumstances, the City would waive its
defense of Sovereign Immunity.
The City Manager recommended authorization to execute the 2000-01 HOME
Agreement with the Roanoke Redevelopment and Housing Authority, to be approved
as to form by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder offered the following resolution:
26
ACTION:
(#34976-080700) A RESOLUTION authorizing the appropriate City officials to
enter into the 2000-2001 HOME Investment Partnerships (HOME) Program Agreement
with the Roanoke Redevelopment and Housing Authority, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 63, page 344.)
Mr. Carder moved the adoption of Resolution No. 34976-080700. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report
advising that historically, the Roanoke Redevelopment and Housing Authority has
administered numerous Community Development Block Grant-funded activities for
the City, including housing rehabilitation and economic development activities; on
May 9, 2000, Council authorized the Housing Authority's 2000-01 CDBG activities and
funding, pursuant to Resolution No. 34798-050900, which approved submission of
the City's Consolidated Plan to the U. S. Department of Housing and Urban
Development; and Council accepted 2000-01 CDBG funds on June 19, 2000,
pursuant to Resolution No. 34881-061900 and Ordinance No. 34880-061900, pending
receipt of an approval letter from the Department of Housing and Urban
Development, which is completing the routine Congressional release process.
It was further advised that in order for the Housing Authority to provide
eligible City homeowners and buyers with housing activities approved in the
Consolidated Plan, Council's authorization to execute an agreement with the
Housing Authority is necessary; CDBG funding is available in accounts listed in an
attachment to the report; the proposed ag reement contains a mutual indemnification
provision clause in which both parties agree to indemnify the other for damages and
expenses incurred as a result of the other party's conduct; and the effect of the
clause is that, in certain circumstances, the City would waive its defense of
Sovereign Immunity.
The City Manager recommended authorization to execute a CDBG Agreement
with the Roanoke Redevelopment Housing Authority.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bestpitch offered the following resolution:
ACTION:
(#34977-080700) A RESOLUTION authorizing the appropriate City officials to
enter into the 2000-2001 Community Development Block Grant (CDBG) Funding
Administration Agreement with the Roanoke Redevelopment and Housing Authority,
upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 63, page 346.)
Mr. Bestpitch moved the adoption of Resolution No. 34977-080700. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
REGIONAL CHAMBER OF COMMERCE-GRANTS-TOURISM: The City Manager
submitted a written report advising that since 1998, the Roanoke Regional Chamber
of Commerce has conducted a "Community Business Development Initiative"
program to promote business development in the central City; on May 9, 2000,
Council authorized the Chamber's 2000-01 Community Development Block Grant
activities and funding, pursuant to Resolution No. 34798-050900, which approved
submission of the City's 2000-2005 Consolidated Plan to the U. S. Department of
Housing and Urban Development (HUD); and Council accepted 2000-01 CDBG funds
on June 19, 2000, pursuant to Ordinance No. 34880-061900 and Resolution No.
34881-061900, pending receipt of an approval letter from HUD, which is completing
the routine Congressional release process.
In order for the Chamber of Commerce to provide business development
activities approved in the Consolidated Plan, the City Manager recommended
authorization to execute the 2000-01 CDBG Agreement with the Chamber of
Commerce, to be approved as to form by the City Attorney. ~-
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#34978-080700) A RESOLUTION authorizing the execution of an agreement
with the Roanoke Regional Chamber of Commerce for administration of Community
Development Block Grant (CDBG) funds for FY 2000-2001, for services related to the
promotion and development in the central area of the City.
(For full text of Resolution, see Resolution Book No. 63, page 347.)
27
28
ACTION:
Mr. Hudson moved the adoption of Resolution No. 34978-080700. The motion
was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
BUDGET-FIRE DEPARTMENT-EMERGENCY SERVICES-GRANTS-FLOOD
REDUCTION/CONTROL: The City Manager submitted a written report advising that
in December, 1999, the Federal Emergency Management Agency provided a
$500,000.00 Project Impact Grant to assist the Cities of Roanoke and Salem,
Roanoke County and the Town of Vinton to become disaster resistant; that during
the past 18 months, an additional $484,535.00 in direct and in-kind donations have
been provided by the four jurisdictions, the Virginia Department of Emergency
Management and 89 business and community partners in the Roanoke Valley; in
addition, 150 volunteers are working with Project Impact to develop short and long
term strategic plans, and projects include community awareness programs, a map
identifying hazards in the Roanoke Valley, elevation certificates, improvements in
stormwater management programs, land use recommendations and emergency
planning for businesses, etc., and the two-year grant ends in December 2000.
It was further a~tvised that continuation of the program not only protects the
economic stability of the Roanoke Valley, but will improve opportunities for future
grants in the areas of regional stormwater management, Geographic Information
Systems (GIS), environment, public awareness and emergency response, as well as
help to reduce flood insurance premiums for citizens and businesses; total cost of
the program for the six month period beginning January 1 - June 30, 2001, is
$35,000.00; cost per jurisdiction is pro-rated based on population, with the share of
the City of Roanoke being $16,590.00; and the City's participation would be subject
to participation by the localities of Roanoke County, Salem and Vinton.
The City Manager recommended that Council adopt a measure endorsing the
City's participation in Project Impact as a regional initiative, and authorizing the
transfer of funds in the amount of $16,590.00 from General Fund Contingency (001-
300-9410-2199) to Emergency Management- Fees for Professional Services (001-
310-3520-2010).
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
ACTION:
.~r'.TION:
(#34979-080700) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 347.)
Mr. Harris moved the adoption of Ordinance No. 34979-080700. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
Mr. Harris offered the following resolution:
(#34980-080700) A RESOLUTION authorizing the City's continued participation
in Project Impact as a regional initiative for the purpose of building a disaster
resistant community.
(For full text of Resolution, see Resolution Book No. 63, page 348.)
Mr. Harris moved the adoption of Resolution No. 34980-080700. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
GRANTS-WEST END CENTER: The City Manager submitted a written report
advising that the City of Roanoke receives entitlement grants each year under the
Community Development Block Grant (CDBG) and HOME Investment Partnerships
(HOME) programs of the U. S. Department of Housing and Urban Development
(HUD); HUD approval of the City's FY 2000-2001 CDBG Application is forthcoming
and a letter of approval is pending the routine Congressional release process; since
1979, the West End Center has served as a support system to children and their
families by providing a comprehensive neighborhood outreach program, with
current enrollment at 170 youth and a waiting list of 70; and in order to expand
services, the West End Center has submitted proposals and funds have been
appropriated totaling $185,000.00, for the purchase of a structure located at 1210
Patterson Avenue, S. W.
29
30
ACTION:
ACTION:
It was further advised that since this is a voluntary sale by the owners of 1210
Patterson Avenue, S. W., relocation cost is not an issue; the agreed upon purchase
price is $185,000.00; therefore, in order for the West End Center to acquire the
property and for disbursement of grant funds, an agreement with the West End
Center is necessary; and total contract amount will be $185,000.00, available as
follows:
$100,000.00 in Account No. 035-097-9741-5289 - West End Center-
Master Expansion
$85,000.00 in Account No. 035-G01-0137-5289 -West End Center-Master
Expansion
The City Manager recommended that she be authorized to execute a CDBG
Subgrant Agreement with the West End Center, to be approved as to form by the City
Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following resolution:
(#34981-080700) A RESOLUTION authorizing the execution of a subgrant
agreement and any necessary amendments thereto with West End Center Inc., for
the acquisition of a structure located at 1210 Patterson Avenue, S. W., to expand the
Center's services as a neighborhood outreach program, a Community Development
Block grant program.
(For full text of Resolution, see Resolution Book No. 63, page 350.)
Mr. White moved the adoption of Resolution No. 34981-080700. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith .............................................................................................. 7.
NAYS: None ............................................................................................. 0.
INDUSTRIES-RAIL SERVICE: The City Manager submitted a written report
advising that Moore's Lumber & Building Suppliers, Inc., currently operates a retail
outlet at 2823 Franklin Road, S. W.; and Moore's is closing the store and plans to
renovate an existing building at 3488 Aerial Way Drive (the former Napa Auto Parts),
which will become its primary business outlet and is located within the City's
Enterprise Zone Two.
It was further advised that Moore's primarily supplies lumber, millwork,
hardware and cabinetry to the professional single family homebuilding industry and
grosses approximately $13 million in annual sales; as a distributor of lumber~
plywood and drywall, Moore's relies on railroad transportation to deliver those
products to its customer outlets; an estimated annual number of rail carloads to this
location is 75 and the site on Aerial Way Drive does not have existing rail service;
and Moore's has applied to the Department of Rail and Public Transportation for
funds in the amount of $120,000.00 to offset the cost of laying 932 feet of track, at
a total estimated cost of $175,000.00 which will be the responsibility of Moore's.
It was explained that the General Assembly established the Industrial Access
Railroad Track Program in 1995 to provide funding as an incentive to encourage
industrial or commercial development in Virginia; the Program is not intended to
fund projects that will not have a significant economic impact; as a part of Moore's
application to the Department of Rail and Public Transportation, the local governing
body is required to adopt a resolution in support of Moore's application for Industrial
Access Railroad Track Funds; and the City has no financial obligations to the
project.
The City Manager recommended that Council adopt a measure in support of
the application of Moore's Lumber and Building Supplies, Inc. for Industrial Access
Railroad Track Funds.
31
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#34982-080700) A RESOLUTION supporting Moore's Lumber & Building
Suppliers, Inc.'s, application to the Commonwealth of Virginia's Department of Rail
and Public Transportation for Industrial Access Railroad Track Funds.
(For full text of Resolution, see Resolution Book No. 63, page 351.)
Mr. Hudson moved the adoption of Resolution No. 34982-080700. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
32
ACTION:
BUDGET-INDUSTRIES-ECONOMIC DEVELOPMENT: The City Manager
submitted a written report advising that Precision Technology USA, Inc., has
requested the City's assistance with a commercial facility to be located in the former
Tultex building on Glade View Drive; Precision Technology will design and
manufacture mechanical power transmission and positioning equipment, including,
among other things, gear boxes, ball screws, trapezoidal screws, planetary roller
screws and linear actuators; Precision Technology has agreed to enter into a
Performance Agreement with the City of Roanoke and the Industrial Development
Authority; under the agreement, Precision Technology is required to invest $2.2
million over a six-year period on equipment installed and used at the above facility;
and a total of 112 permanently staffed full-time positions will be established at the
facility within six years from the date of the agreement.
It was further advised that in return, the City of Roanoke will provide
$75,000.00 toward Precision's purchase of new equipment through a grant from the
Industrial Development Authority (IDA), up to $15,000.00 in improvements to the
public rights-of-way leading to the facility, and up to $20,000.00 in job grants; and
job grants would consist of $500.00 per job for newly hired City residents over a
period of five years from the date of the agreement with the requirement that the
employee will have to remain in the job position for at least one year before a job
grant could be requested.
The City Manager recommended that she be authorized to execute a
Performance Agreement with the Industrial Development Authority and Precision
Technology USA, Inc., and any other related documents and that Council appropriate
funds in the amount of $110,000.00 from undesignated capital funds to an account
to be established by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34983-080700) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 352.)
Mr. White requested that the City monitor incentives under the Performance
Agreement and that an independent review be conducted, to which request the City
Manager concurred.
John M. Huddle, Attorney, representing Precision Technology USA, Inc.,
expressed appreciatio~ for the City's assistance.
33
~r'TION: Mr. Harris moved the adoption of Ordinance No. 34983-080700. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
Mr. Harris offered the following emergency ordinance:
(#34984-080700) AN ORDINANCE authorizing the proper City officials to
execute a Performance Agreement among the City of Roanoke (City), the Industrial
Development Authority of the City of Roanoke, Virginia (Authority), and Precision
Technology USA, Inc. (Precision) that provides for Precision to make an investment
in equipment to be used at Precision's facility in the City and to provide jobs at that
facility; that the City will make an appropriation of up to $95,000.00 to the Authority,
all for the purpose of promoting economic development in order to fund the grants
that the Authority intends to make to Precision; that the City will provide certain
public improvements in the vicinity of Precision's facility; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 353.)
~ TION: Mr. Harris moved the adoption of Ordinance No. 34984-080700. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
BUDGET-DOWNTOWN ROANOKE, INCORPORATED-ECONOMIC
DEVELOPMENT-IMAX THEATRE: The City Manager submitted a written report
advising that on Monday, June 5, 2000, Council adopted a motion to pledge $4
million and an acre of City-owned property beneath the former Hunter Viaduct
toward a joint art museum and IMAX theater in downtown Roanoke; it was agreed
that $300,000.00 of the $4 million would be provided as soon as possible to help
advance progress on the project; the Art Museum of Western Virginia has requested
that $150,000.00 of this funding commitment be provided immediately and that an
additional $150,000.00 be provided after October 1, 2000; and funding is available
for appropriation or transfer from the following accounts to fund the $300,000.00
commitment:
34
ACTION:
ACTION:
Account 001-250-9310-9508
Transfers to Capital Projects
Account 008-052-9575
Capital Improvement Reserve -
Buildings and Structures
Fiscal Year 99-00 Capital Maintenance
and Equipment Replacement Program
$ 75,000
$ 75,000
$150,000
The City Manager recommended that Council adopt a budget ordinance
appropriating/transferring a total of $300,000.00 from accounts identified above to
a new account in the Capital Projects Fund entitled, "Art Museum/IMAX Project".
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
"AN ORDINANCE to amend and certain reordain sections of the 2000-2001
General and Capital Projects Fund Appropriations, and providing foran emergency."
Mr. Hudson moved the adoption of the ordinance. The motion was seconded
by Mr. Harris.
Mr. White expressed support of the IMAX Theater project; however, he pointed
out that no formal agreement was included with the City Manager's report.
The City Manager advised that to date no formal agreement has been drafted,
and funds are needed for preliminary design work, followed by fund raising,
particularly at the State level. Before the City provides the land and the majority of
funds, she stated that a formal agreement will be prepared, however, if Council is
desirous of having the formal agreement at this point, she will proceed accordingly.
Mr. Harris offered a substitute motion that action on the report be tabled until
the next regular meeting of Council on Monday, August 21, 2000, at 2:00 p.m.,
pending receipt of a fcrmal agreement. The motion was seconded by Mr. Hudson
and unanimously adopted.
BUDGET-GRANTS-ROANOKE SYMPHONY ORCHESTRA-ARTS COUNCIL OF
ROANOKE VALLEY-MILL MOUNTAIN THEATRE-OPERA ROANOKE: The City
Manager submitted a written report advising that notification has been received from
the Commonwealth of Virginia Commission for the Arts that a $5,000.00 Local
Government Challenge Grant has been awarded to the City of Roanoke; and
application for the grant was made at the request of the Arts Council of Roanoke
Valley, Roanoke Symphony Orchestra, Mill Mountain Theatre, and Opera Roanoke.
ACTION:
ACTION:
It was further advised that in order to receive the funds, the Virginia
Commission for the Arts must obtain written confirmation that local tax revenue
dollars will be used to match or exceed the amount of the grant; and for fiscal year
2000-01, the organizations above listed will receive local tax dollar funding through
the Cultural Services Committee in the following amounts:
· Arts Council of Roanoke Valley $11,500.00
· Roanoke Symphony Orchestra 21,500.00
· Mill Mountain Theatre 9,500.00
· Opera Roanoke 6,272.00
The City Manager recommended that Council adopt a resolution authorizing
acceptance of the grant, appropriation of funds to an account to be established by
the Director of Finance in the Grant Fund entitled, "Challenge Grant FY01", and
establishment of a revenue estimate of $5,000.00, allowing the grant funds to be
distributed to the four sponsoring agencies, in the amount of $1,250.00 each.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34985-080700) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 354.)
Mr. Harris moved the adoption of Ordinance No. 34985-080700. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
Mr. Harris offered the following resolution:
(#34986-080700) A RESOLUTION authorizing the acceptance of a Local
Government Challenge Grant from the Virginia Commission for the Arts.
(For full text of Resolution, see Resolution Book No. 63, page 355.)
Mr. Harris moved the adoption of Resolution No. 34986-080700. The motion
was seconded by Mr. Carder and adopted by the following vote:
35
36¸
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith .............................................................................................. 7.
NAYS: None ............................................................. ~ .............................. 0.
PURCHASE/SALE OF PROPERTY-BUDGET-HOUSING/AUTHORITY-
COMMUNITY PLANNING-CMERP-HIGHER EDUCATION CENTER: The City Manager
submitted a written report advising that the City of Roanoke and the Roanoke
Redevelopment and Housing Authority (RRHA) entered into a Cooperation
Agreement related to the development of the Greater Gainsboro project on
May 16, 2000; and the agreement outlined the general scope of certain work to be
done in the Gainsboro Redevelopment Area in connection with the Roanoke Higher
Education Center, the Roanoke Neighborhood Development Corporation office
building and the Housing Authority's Shenandoah Crossing Apartment project.
It was further advised that additional funds are needed to acquire property on
Wells Avenue to move these projects forward; funds totaling $300,000.00 are needed
to purchase three lots, Official Tax Nos. 2013004, 2013006 and 2013007; once the
properties are acquired by the Housing Authority, they will be conveyed to the City
for construction ora surface parking lot to serve businesses and visitors to the area;
and acquisition of the lots will be authorized by the proposed amendment.
It was explained that the Roanoke Higher Education Center is on schedule to
open on August 15, 2000; however, major infrastructure work has not begun;
therefore, temporary site improvements must be made to enhance the appearance
for the Center's opening; that an amount of $30,000.00 is needed for the work which
is included in the proposed amendment; and funding is available for appropriation
from the following accounts:
FY 2000-01 Capital Maintenance and
Equipment Replacement Program
Retiree Supplement to 65 Account
No. 001-250-9110-1127
TOTAL
$165,102.00
$164,898.00
$330,000.00
The City Manager recommended that Council authorize Amendment No. One
to the Greater Gainsboro Cooperation Agreement between the City of Roanoke and
the Roanoke Redevelopment and Housing Authority in the amount of $330,000.00,
and appropriate $330,000.00 from the following accounts to a new account entitled,
"Gainsboro Property Acquisition":
ACTION:
ACTION:
FY 2000-01 Capital Maintenance and
Equipment Replacement Program
Retiree Supplement to 65 Account
No. 001-250-9110-1127
TOTAL
(For full text, see report on file in the City Clerk's Office.)
$165,102.00
$164,898.00
$330,000.00
Mr. Hudson offered the following emergency budget ordinance:
(#34987-080700) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General and Capital Projects Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 357.)
Mr. Hudson moved the adoption of Ordinance No. 34987-080700. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
Mr. Hudson offered the following resolution: ,
(#34988-080700) A RESOLUTION authorizing execution of Amendment No. 1
to the Greater Gainsboro Redevelopment Area Cooperation Agreement between the
City of Roanoke and the Roanoke Redevelopment and Housing Authority, to provide
for an increase in funding by the City to the Authority in connection with the
acquisition of additional property necessary to construct a parking garage and
surface parking lot as well as certain site improvements necessary in connection
with the opening of the Roanoke Higher Education Center in the Redevelopment
Area.
(For full text of Resolution, see Resolution Book No. 63, page 358.)
Mr. Hudson moved the adoption of Resolution No. 34988-080700. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
37
38
PURCHASE/SALE OF PROPERTY-BONDS/BOND ISSUES-DOWNTOWN
NORTH-NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY-ECONOMIC
DEVELOPMENT: The City Manager submitted a written report advising that the
Roanoke Neighborhood Development Corporation (RNDC) is seeking revenue bonds
to support costs associated with the acquisition, construction and equipping of its
proposed 45,000-square-foot commercial office/retail facility Crew Suites, which will
be located in the Gainsboro Redevelopment Area; the Housing Authority has
considered the application of RNDC for issuance of one or more of the Authority's
revenue bonds or notes in an amount not to exceed $6,500,000.00; the Housing
Authority held a public hearing and is requesting Council's approval of the financing
of the project and issuance of the bonds; and as the local governing body, Council
is required by law to approve the issuance of bonds by the Housing Authority to
RNDC.
The City Manager recommended that Council adopt a resolution approving the
issuance by the Roanoke Redevelopment and Housing Authority of its revenue
bonds to assist the Roanoke Neighborhood Development Corporation with its Crew
Suites project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bestpitch offered the following resolution:
(#34989-080700) A RESOLUTION approving the issuance by the City of
Roanoke Redevelopment and Housing Authority of its revenue bonds to assist the
Roanoke Neighborhood Development Corporation in the acquisition, construction
and equipping of a 45,000 square foot commercial office/retail facility to be located
in the Gainsboro Redevelopment area in the City of Roanoke, Virginia.
(For full text of Resolution, see Resolution Book No. 63, page 359.)
ACTION: Mr. Bestpitch moved the adoption of Resolution No. 34989-080700. The
motion was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, and
Carder ............................................................................................................ 6.
NAYS: None ............................................................................................. 0.
(Mayor Smith abstained from voting.)
POLICE DEPARTMENT-BUILDINGS/BUILDING DEPARTMENT-BUDGET-
CMERP: The City Manager submitted a written report advising that the City entered
into an architectural services contract with Ronald M. Martin & Associates, P.C. (t/a
Martin & Associates, P.C.) for a 30,000 square foot police building, at a total fee of
$291,000.00; that in the preliminary design phase, it was determined that an
additional 7,600 square feet of space was needed on the ground level and first floor,
therefore, Amendment No. 1, for an increase in fee of $60,430.00, was approved by
Council on November 1, 1999, for Phase I of the New Roanoke Police Building;
currently, Phase II of the New Roanoke Police Building needs to be designed and
constructed, which consists of construction of additional space to house police
administration, the crime laboratory and related services and consolidation of the
Police Department into one location to improve the efficiency of operation.
It was further advised that Council approved the construction contract for
Phase I on February 22, 2000, and agreed to proceed with the design and contract
documents for the remainder of the required space; Ronald M. Martin & Associates,
P.C. in association with McClaren, Wilson & Lawrie, Inc., was deemed to be the best
qualified to perform architectural/engineering services for Phase II, and a fee of
$262,900.00 was negotiated for design, contract drawings and contract
administration of Phase II which will assure consistency in the design of the project
and expedite the production of contract documents.
The City Manager recommended that Council concur in the determination of
the Acting Director of General Services on the sole source issue and award a
negotiated contract to Ronald M. Martin & Associates, P.C. (t/a Martin & Associates,
P.C.), in the amount of $262,900.00, to design and produce contract documents and
to provide contract administration for Phase II of the Roanoke Police Building;
authorize the City Manager to execute a contract for such services, in a form to be
approved by the City Attorney. It was noted that funding is available from CMERP
and may be appropriated to Account No. 008-052-9564-9003, and funding in the
amount of $282,000.00, including $262,900.00 contract amount and $19,100.00 for
contingency purposes, is requested to be appropriated to Capital Projects Fund,
Account No. 008-052-9564-9003.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34990-080700) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General and Capital Projects Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 361.)
39
4O
ACTION:
ACTION:
Mr. Hudson moved the adoption of Ordinance No. 34990-080700. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................ 0.
Mr. Hudson offered the following resolution:
(#34991-080700) A RESOLUTION authorizing a contract with Ronald M.
Martin & Associates, P.C. (t/a Martin & Associates, P.C.), for engineering and design
services for Phase II of the new Roanoke Police Building and concurring with the
determination of the Acting Director of General Services that such firm is the only
source practicably available to perform such work.
(For full text of Resolution, see Resolution Book No. 63, page 362.)
Mr. Hudson moved the adoption of Resolution No. 34991-080700. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................... 0.
SEWERS AND STORM DRAINS-INDUSTRIES-WATER RESOURCES: The City
Manager submitted a written report in connection with the upgrade and expansion
of the Water Pollution Control Plant from 35,000,000 to 62,000,000 gallons treatment
capacity per day; contractor for the project is Danis Environmental Industries, Inc.,
of Dayton, Ohio, in the amount of $16,690,000.00, with a specified completion time
of 730 consecutive calendar days; and nine change orders to date total
$17,153,275.00.
It was further advised that proposed Change Order No. 10 provides a contract
reduction of $109,529.00, bringing the total contract amount to $17,043,746.00.
It was noted that the proposed change order cost as apportioned between the
participating jurisdictions is as follows:
TION:
City of Roanoke
County of Roanoke
City of Salem
County of Botetourt
Town of Vinton
37.3% $(40,854.32)
29.2% ( 31,982.47)
20.9% (22,891.56)
7.0% (7,667.03)
5.6% (6,133.62)
Total 100.0% $(109,529.00)
The City Manager recommended that she be authorized to execute Change
Order No. 10, in a form to be approved by the City Attorney, with Danis
Environmental Industries, Inc., for a contract reduction of $109,529.00.
(For full text, see report on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency ordinance:
(#34992-080700) AN ORDINANCE authorizing the City Manager's issuance of
Change Order No. 10 to the City's contract with Danis Environmental Industries, Inc.,
for the Water Pollution Control Plant Upgrade and Expansion Project; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 363.)
Ms. Wyatt moved the adoption of Ordinance No. 34992-080700. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
BUDGET-MAPS-EMERGENCY SERVICES-FLOOD REDUCTION/CONTROL: The
City Manager submitted a written report advising that over the past 20 years, the City
of Roanoke has sustained more damage from flooding than any other community in
Virginia; and in an effort to address the threat, the City has participated in flood-
related programs of the Federal Emergency Management Agency (FEMA).
It was further advised that based on the City's history of proactive floodplain
management, FEMA representatives contacted City staff in March 2000, regarding
the City's interest in a new initiative known as Cooperating Technical Communities
(CTC); a regional proposal was developed with Roanoke County and submitted to
FEMA; and FEMA accepted the proposal and requested that the City of Roanoke and
Roanoke County each execute a partnership agreement with FEMA.
41
42
ACTION:
ACTION:
It was explained that under the proposed agreement, the City of Roanoke and
Roanoke County would agree to proceed with a map revision project of the Peters
Creek Watershed which is already underWay; in addition, FEMA would agree to
provide a $30,000.00 grant (100% of cost) to create Digital Flood Insurance Rate
Maps (DFIRM) for the Roanoke Valley; the regional grant will be closely coordinated
with Roanoke County, however, all funding will be processed through the City of
Roanoke; and the project would provide Roanoke Valley communities with a much
more accurate digital flood plain map, which would benefit the Valley's real estate,
banking and insurance communities, as well as individual property owners through
the City's Geographical Information System.
The City Manager recommended that she be authorized to execute the
Cooperating Technical Communities Agreement with FEMA for completion of the
initial mapping activity, and that Council appropriate $30,000.00 from FEMA to a
Capital Projects Account entitled, "Cooperating Technical Communities".
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34993-080700) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001Capital Projects Fund Appropriations, and providing foran emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 364.)
Mr. Hudson moved the adoption of Ordinance No. 34993-080700. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................ 0.
Mr. Hudson offered the following resolution:
(#34994-080700) A RESOLUTION authorizing the City Manager to execute the
Cooperating Technical Agreement with the Federal Emergency ManagementAgency
(FEMA), upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 63, page 365.)
Mr. Hudson moved the adoption of Resolution No. 34994-080700. The motion
was seconded by Mr. Harris and adopted by the following vote:
ACTION:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
TRAFFIC-BUDGET-VIRGINIA TRANSPORTATION MUSEUM: The City Manager
submitted a written report advising that the Virginia Museum of Transportation (VMT)
submitted an application in January, 1999, to the Virginia Department of
Transportation (VDOT) for Enhancement Program funds for renovations, additions
and improvements to the existing railside yard of the Transportation Museum's main
facility; and Council endorsed the Museum's application at its meeting on
January 19, 1999, pursuant to Resolution No. 34154-011999.
It was further advised that Enhancement Program funds in the amount of
$90,000.00 were approved by the Virginia Department of Transportation in
June, 1999, for the Transportation Museum's project; all subsequent VDOT
agreements related to the use of the funds are made with the City of Roanoke rather
than the Transportation Museum; the 1996 bond referendum included $813,000.00
to be matched dollar for dollar by the Transportation Museum; and Enhancement
Program funds obtained by the Museum serve as its match to City funds.
It was noted that VDOT has forwarded a Project Administration Agreement to
the City of Roanoke for execution, and the City Manager's authority to execute the
agreement was provided pursuant to Resolution No. 34154-011999; and the
agreement includes the $90,000.00 allocation by VDOT, for which a receivable
account must be established by the City in the same amount.
The City Manager recommended that Council appropriate $90,000.00 to the
Virginia Museum of Transportation, Account No. 008-052-9650, and establish a
receivable account of $90,000.00 from the Virginia Department of Transportation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34995-080700) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 367.)
Mr. Harris moved the adoption of Ordinance No. 34995-080700. The motion
was seconded by Mr. Carder and adopted by the following vote:
43
44
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................ 0.
SEWERS AND STORM DRAINS-FLOOD REDUCTION/CONTROL: The City
Manager submitted a written report advising that Roanoke River Interceptor Sewer
Replacement is part of a renovation and expansion of joint use sewer facilities
project and replaces the existing interceptor sewer from the Water Pollution Control
Plant to the Salem City limit; Contracts C, D and E are with Casper Colosimo & Son,
Inc., and replace the existing interceptor from Wasena Park to the Salem City limit;
and these contracts represent a total of 20,245 feet (3.8 miles) of sewer replacement,
which is 39.0 per cent of the total project length of 51,870 feet (9.82 miles).
It was further advised that the project (Contracts C. D and E) was completed
in March 2000, with the exception of making connections to the existing sewer
system; that connections could not be completed because the new sewer
downstream was still under construction, which required the contractor to re-
mobilize his equipment and personnel to the site to complete the connections to
existing sewers; Change Order No. 7, in the total amount of $72,314.20, includes all
costs associated with the additional work and is recommended for approval, and
the consulting engineer, Black & Veatch, concurs in the recommendation; and
funding is available in the contingency for the project, with each participating local
government to be responsible for its pro-rata share.
It was explained that total construction cost of the project is estimated at
$14,036,911.71; total change orders to date, including proposed Change Order No. 7,
are equivalent to 8.5 per cent of the initial contract; and proposed change order cost
is apportioned between the participating jurisdictions, as follows:
City of Roanoke
City of Salem
Roanoke County
36.7% $ 26,539.31
33.7% 24,369.89
29.6% 21,405.00
Total 100.0% $ 72,314.20
The City Manager recommended that she be authorized to execute Change
Order No. 7, in a form to be approved by the City Attorney, with Casper Colosimo &
Son, Inc., in the total amount of $72,314.20 and zero additional calendar days of
contract time.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
ACTION:
Mr. Hudson offered the following emergency ordinance:
(#34996-080700) AN ORDINANCE authorizing the City Manager's issuance of
Change Order No. 7 to the City's contract with Casper Colosimo & Son, Inc., for the
Roanoke River Interceptor Sewer Replacement, Contracts C, D and E; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 368.)
Mr. Hudson moved the adoption of Ordinance No. 34996-080700. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
BUDGET-REFUSE COLLECTION-EQUIPMENT: The City Manager submitted a
written report advising that the Solid Waste Management program for collection of
bulk items and brush will change in October, 2000; the plan will discontinue the
requirement that citizens call the City to schedule pickup of bulk items and brush;
the new program will provide a regularly scheduled, weekly pick up of bulk items
and brush along all streets and the plan necessitates the addition of two new bulk
trucks.
The City Manager concurred in a recommendation of the Bid Committee that
the bid of Mid-State Equipment Co., Inc. for supplying two bulk trucks, at a total cost
of $164,100.00 be accepted, and reject all other bids received by the City; and that
funding of $164,100.00 be appropriated from Fleet Management Retained Earnings
to Account No. 017-440-2642-9010.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bestpitch offered the following emergency budget ordinance:
(#34997-080700) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Fleet Management Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 369.)
Mr. Bestpitch moved the adoption of Ordinance No. 34997-080700. The motion
was seconded by Mr. Carder and adopted by the following vote:
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46
ACTION:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................ 0.
Mr. Bestpitch offered the following resolution:
(#34998-080700) A RESOLUTION accepting the bid of Mid-State Equipment
Co., Inc., for the purchase of two new bulk trucks, upon certain terms and
conditions; and rejecting all other bids made for such item.
(For full text of Resolution, see Resolution Book No. 63, page 370.)
Mr. Bestpitch moved the adoption of Resolution No. 34998-080700. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
BUSES-BUDGET-ROANOKE CIVIC CENTER-MUNICIPAL BUILDING-
TRANSPORTATION FUND: The City Manager submitted a written report advising that
on July 3, 2000, Valley Metro initiated a new route called the Downtown Express
which provides service runs every ten minutes between the Roanoke Civic Center
parking lot and the City of Roanoke Municipal Building on Church Avenue; and the
service is designed to allow employees in the downtown area, as well as students
attending the new Higher Education Center, the ability to park in the Civic Center
parking lot and be transported free of charge to the downtown area to work and
study.
It was further advised that management for the Greater Roanoke Transit
Company (GRTC) applied for and was awarded a State Demonstration Program grant
to procure two additional buses to operate the new service; GRTC has requested
$137,800.00 to fulfill the local match requirement of the grant and to erect a shelter
at the Civic Center; during the budgeting process, it was anticipated that funds
would be needed for the Downtown Express; and at that time, it was unclear what
the local match requirement would be, therefore, $200,000.00 was designated for the
new service in the Transfer to Capital Projects Fund for fiscal year 2001-01.
ACTION:
It was explained that in order to meet the requirements of the grant, funding
is available in the Transfers to Capital Projects Fund, Account No. 001-250-9310-9508
in the current budget; funding should be transferred to the Transfer to Civic Center
Fund, Account No. 001-250-9310-9505 ($7,800.00 for bus shelter) and to the Transfer
to Transportation Fund, Account No. 001-250-9310-9507; and in those funds,
transfers from the General Fund revenues may be established with appropriations
to the following accounts:
Account No. 005-550-2105-2035
Civic Center Operating - Expendable Equipment
Account No. 005-550-2105-7050
Civic Center Operating - Building Maintenance
Account No. 007-540-8240-9542
Transfer to GRTC - Shuttle Service
$ 4,200.00
$ 3,600.00
$130,000.00
The City Manager recommended that Council adopt
appropriating/transferring a total of $137,800.00 from the
Projects fund to the above identified accounts.
a budget ordinance
Transfers to Capital
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34999-080700) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General, Civic Center and Transportation Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 371.)
Mr. Hudson moved the adoption of Ordinance No. 34999-080700. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES' Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith .............................................................................................. 7.
NAYS: None ............................................................................................. 0.
COUNCIL: The City Manager submitted a written report advising that Council
authorized a contract to remodel the Council Chambers, which includes the removal
and replacement of ceiling, wall and floor covering, replacement of the dias and new
seats and audio-visual equipment; and the contractor needs uninterrupted access
to the Council Chamber for a minimum of 60 calendar days, which requires the
relocation of all meetings previously scheduled to be held in the Council Chamber,
including City Council meetings, Greater Roanoke Transit Company (GRTC) Board
of Directors meetings, and Water Resources Committee meetings.
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48
It was further advised that the Superintendent of Schools has offered the use
of school facilities; Members of Council have informally suggested that Council
meetings be relocated to different locations throughout the City during the period
of Council Chamber renovation; the regular meetings of Council scheduled for
2:00 p.m. will need to be delayed for one hour until 3:00 p.m. to permit the
conclusion of school activities and to allow time to set up the facilities for the
Council meeting; all regular meetings of Council will be recorded for later broadcast
at the normal time, however, two locations, William Ruffner Middle School Cafeteria
and the Governor's School Lecture Hall at Patrick Henry High School are equipped
for live RVTV broadcast; and these two locations are proposed for the regular
meetings of Council that are followed up by the 7:00 p.m. public hearing meetings.
The City Manager recommended that Council adopt a measure approving the
following schedule of City Council meetings for the months of September and
October, 2000.
DATE OF MEETING TIME PLACE OF MEETING
September 5, 2000 12:15 p.m. Emergency Operations Center
1st Floor, Municipal Building
215 Church Avenue, S. W.
3:00 p.m. Breckenridge Middle School Cafeteria
3901 Williamson Road, N. W.
September 18, 2000 12:15 p.m. Emergency Operations Center
1st Floor, Municipal Building
215 Church Avenue, S. W.
3:00 p.m. Ruffner Middle School Cafeteria
3601 Ferncliff Avenue, N. W.
7:00 p.m. Ruffner Middle School Cafeteria
3601 Ferncliff Avenue, N. W.
October 2, 2000 12:15 p.m. Emergency Operations Center
1st Floor, Municipal Building
215 Church Avenue, S. W.
3:00 p.m. Fallon Park Elementary School
Gymnasium - 502 Nineteenth Street, S. E.
October 16, 2000 12:15 p.m. Emergency Operations Center
1st Floor, Municipal Building
215 Church Avenue, S. W.
3:00 p.m. Governor's School Lecture Hall,
Patrick Henry High School
2102 Grandin Road, S. W.
7:00 p.m. Governor's School Lecture Hall,
Patrick Henry High School
2102 Grandin Road, S. W.
49
TION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder offered the following resolution:
(#35000-080700) A RESOLUTION changing certain times and places of
commencement of four regular meetings of City Council scheduled to be held
Tuesday, September 5, 2000, Monday, September 18, 2000, Monday, October 2, 2000,
and Monday, October 16, 2000.
(For full text of Resolution, see Resolution Book No. 63, page 373.)
Mr. Carder moved the adoption of Resolution No. 35000-080700. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
POLICE DEPARTMENT-CITY CODE: The City Manager submitted a written
report advising that the Community Policing initiatives of the Police Department are
attempting to increase cooperation between the community and the Police
Department in reducing crime and disorder in Roanoke's neighborhoods; these
efforts would be enhanced if the City could respond to requests by property owners
for police officers to act as agents of the landlord on private property; and Section
15.2-1717.1, Code of Virginia (1950), as amended, authorizes the City of Roanoke to
establish such procedures by ordinance.
50
ACTION:
It was further advised that the City Attorney has prepared an amendment to
Section 21-32 of the Code of the City of Roanoke (1979), as amended, authorizing
property owners, by written agreement, to authorize police officers to forbid another
person to go on the property designated in the written agreement, which agreements
would be renewed annually; and police officers could issue written notice to
persons who create a problem on the property, even if the property owner were not
present.
The City Manager recommended that Council amend Section 21-32, Entering
or remaining on property of another often having been forbidden to do so, Code of
the City of Roanoke (1979), as amended.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency ordinance:
(#35001-080700) AN ORDINANCE amending and reordaining §21-32, Entering
or remaining on property of another after having been forbidden to do so, of the
Code of the City of Roanoke (1979), as amended, by adding a new subsection (b) to
provide that property owners may give police officers authority to order unwanted
persons to leave the owner's property; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 376.)
Mr. Hudson moved the adoption of Ordinance No. 35001-080700. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
BUDGET-GRANTS-YOUTH: The City Manager submitted a written report
advising that the Aggression Replacement Training and Education Program
(ARTEP), is an anger control program administered by Sanctuary Crisis Intervention
staff and is designed to increase public and provide accountability to assaultive
youth; in 94 per cent of the cases, the pilot for this program had no repeat offenders
in the first six months following completion of training; the program provides a less
costly alternative than incarceration of juvenile offenders, and increases the options
available to juvenile court judges; grant funding must be applied for on an annual
basis; the year 2000 is the second year in a five year funding cycle, with increasing
local responsibility for funding; and revenue from Juvenile Justice and Delinquency
Prevention will decrease 25% in the third year, 50% in the fourth year, and 75% in the
fifth year, to allow for local assumption of costs.
ACTION:
ACTION:
The City Manager recommended that Council adopt a resolution accepting
$70,286.00 in 2000-2001 funding from the Department of Criminal Justice Services,
Grant No. 01-B3256JJ00, for Sanctuary's Outreach Aggression Replacement Training
and Education Program; authorize the City Manager to execute the required Grant
Acceptance, Request for Funds and any other forms required by the Department of
Criminal Justice Services, in order to accept funds; and that Council appropriate
$70,286.00 to revenue and expenditure accounts in the Grant Fund to be established
by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#35002-080700) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 377.)
Mr. Hudson moved the adoption of Ordinance No. 35002-080700. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
Mr. Hudson offered the following resolution:
(#35003-080700) A RESOLUTION authorizing the acceptance of a Juvenile
Justice and Delinquency Prevention Title II Grant from the Department of Criminal
Justice Services for the City's Crisis Intervention Center (Sanctuary) Aggression
Replacement Training and Education Program; and authorizing the execution of the
necessary documents.
(For full text of Resolution, see Resolution Book No. 63, page 378.)
Mr. Hudson moved the adoption of Resolution No. 35003-080700. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES' Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................ -0.
51
52
ACTION:
BUDGET-PERSONNEL DEPARTMENT-LIBRARIES:.The City Manager
submitted a written report advising that in an effort to increase the constituency for
the Roanoke Public Libraries, the City Manager previously suggested that the
Roanoke Public Library Foundation be approached about funding a new position for
the purpose of expanding program offerings through the creation of partnerships
and sponsorships with civic groups and businesses; and the Roanoke Public
Library Foundation agreed to provide up to $38,000.00 to fund the position for the
first 12 months, at which time the City of Roanoke would assume funding.
The City Manager recommended that Council authorize creation of a new
Library Development Coordinator position in the Department of Libraries budget;
appropriate $35,277.00 to the Department of Libraries Personal Services accounts;
and increase Library Reimbursements, Account No. 001-650-7310-8005, by
$35,277.00.
(For full text, see report on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency budget ordinance:
(#35004-080700) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 379.)
Ms. Wyatt moved the adoption of Ordinance No. 35004-080700. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ................................................................................ .: .......... 0.
NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY: The City Manager
submitted a written report advising that the Virginia Derelict Structures Fund is a
program established by the General Assembly to help address vacant deteriorated
buildings across the state; the 2000 Session of the General Assembly allocated $1.1
million to the program for this year, increased from $500,000.00 last year; a locality
may apply for up to $100,000.00 toward acquisition, demolition, and/or renovation
of "derelict structures"; and the City received the maximum $100,000.00 grant last
year for rehabilitation of the Shenandoah Hotel, and another $100,000.00 was
obtained through the forerunner of the program several years ago for conversion of
the old Justice House to the renovated One Elm Place.
It was further advised that the State's deadline for submitting an application
is August 18, 2000 and the application package must include a resolution of approval
adopted by Council; and in June and July, the City's Department of Planning and
Code Enforcement solicited project proposals for its application to the State and five
proposals were received and evaluated based on consistency with the State's
criteria, compatibility with existing plans and priorities of. the City, community
impact, need for financial assistance, ability of the developer to undertake the
project and project readiness.
It was explained that with increased funding allocated to the program, the
program's priority to urban areas, and the City's successful experience with the
program, chances of obtaining a grant are good, however, grants are awarded based
on proposed projects; the State's priorities include project readiness, location within
special targeted areas: e.g. conservation areas, enterprise zones or historic districts,
and relationships with other projects or activities in the area; funds allocated by the
program may not be used for more than half of project costs, but the other funds are
not required to be provided by the City; projects recommended do not require
allocation of any additional funds by the City; and obtaining a grant through the
program could be a significant help to address buildings that are a blight on the
Roanoke community, at no additional cost to the City.
The City Manager recommended that Council authorize submission of a
proposal to the Virginia Derelict Structures Fund for $100,000.00 to support the
following projects:
Fifth Street Gateway Project, Northwest Neighborhood Environmental
Organization $50,000.00. Plans for the project include are the
revitalization of the entire 500 block of Loudon Avenue, N. W., including
acquisition of all properties, demolition of three dilapidated buildings,
rehabilitation of four single-family homes and two multi-family
buildings to provide special needs housing. Previously, the City
allocated $78,700.00 in Federal HOME funds to the project.
113 Norfolk Avenue S. W. Two B Investments - $50,000.00 The
applicant plans an adaptive reuse of the building as office space to be
leased to high-technology firms, similar to the recently completed
Infosystems building next door.
The City Manager further recommended that she be authorized to execute any
required documents, in a form to be approved by the City Attorney, to accept the
grant.
(For full text, see report on file in the City Clerk's Office.)
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54
Mr. Carder offered the following resolution:
(#35005-080700) A RESOLUTION authorizing the City Manager to prepare and
submit an application to the Virginia Department of Housing and Community
Development for the Derelict Structures Fund on behalf of the Northwest
Neighborhood Environmental Organization and Two B Investments for projects in
the 500 block of Loudon Avenue, N. W. and at 113 Norfolk Avenue, S. W.; authorizing
the acceptance of any grant made by the Department of Housing and Community
Development from the Derelict Structures Fund based on the application;
authorizing the execution of any and all requisite documents accepting the grant;
and authorizing execution of agreements with the Northwest Neighborhood
Environmental Organization and Two B Investments for disbursement of the grant
funds.
ACTION:
(For full text of Resolution, see Resolution Book No. 63, page 380.)
Mr. Carder moved the adoption of Resolution No. 35005-080700. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
CITY ATTORNEY:
CITY CODE-DRUGS/SUBSTANCE ABUSE-PROCUREMENT CODE: The City
Attorney submitted a written report advising that during the last Session of the
General Assembly, amendments were made to the State Code which necessitate the
amendment of one section of the City's procurement ordinance, and the addition of
a new section; as required by State law, since 1982, the City Code has contained a
provision which requires that contracts with parties who contract with the City in
amounts over $10,000.00 are prohibited from discriminating against any
subcontractor, employee or applicant for employment because of race, religion,
color, sex, or national origin; and the 2000 Session of the General Assembly added
prohibitions against discrimination on the basis of age, disability, or any other basis
prohibited by State law relating to discrimination in employment to the list of
prohibited practices, and required that localities include the new provisions in their
contracts over $10,000.00.
It was further advised that the second provision, codified as §11-51.1, Code
of Virginia, requires that localities include in every contract over $10,000.00 a
provision requiring the contractor to maintain a drug free work place.
ACTION:
The City Attorney transmitted a measure for Council's consideration
encompassing the above referenced revisions.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency ordinance:
(#35006-080700) AN ORDINANCE amending and reordaining §23.1-20,
Employment Discrimination by Contractor Prohibited, of the Code of the City of
Roanoke (1979), as amended, and enacting a new §23.1-20, Drug-Free Workplace to
be Maintained by Contractor; Required Contract Provisions, the amended and added
sections incorporating the provisions of State law enacted at the 2000 Session of the
General Assembly; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 382.)
Mr. Hudson moved the adoption of Ordinance No. 35006-080700. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
REPORTS OF COMMITTEES:
BUDGET-ROANOKE CIVIC CENTER: Council Member W. Alvin Hudson, Jr.,
Chairperson, Bid Committee, presented a written report on behalf of the Committee,
in connection with bids received by the City for improvements to the Civic Center
Auditorium, Coliseum and related work.
The Bid Committee recommended that Council accept the bid submitted by
Cox Rigging, Inc., of Burlington, North Carolina, and authorize the City Manager to
enter into a contractual agreement for said work, in the amount of $99,794.00. It was
advised that the City Manager has authority to enter into a contractual agreement
with HICO, Inc., in the amount of $8,215.00, in a form to be-approved by the City
Attorney, which requires no action by Council; and that Council appropriate
$115,000.00 for the project and authorize the Director of Finance to create a new
account in the Civic Center Fund entitled, "Improvements to Civic Center
Auditorium/Coliseum."
(For full text, see report on file in the City Clerk's Office.)
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56-
ACTION:
ACTION:
The City Manager concurred in the recommendation of the Bid Committee.
Mr. Hudson offered the following emergency budget ordinance:
(#35007-080700) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Civic Center Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 384.)
Mr. Hudson moved the adoption of Ordinance No. 35007-080700. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
Mr. Hudson offered the following emergency ordinance:
(#35008-080700) AN ORDINANCE accepting the bid of Cox Rigging, Inc., for
improvements to the Civic Center Auditorium, Coliseum, and related work, upon
certain terms and conditions and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 385.)
Mr. Hudson moved the adoption of Ordinance No. 35008-080700. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
BUDGET-NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY-HIGHER
EDUCATION CENTER-DOWNTOWN NORTH: Council Member W. Alvin Hudson, Jr.,
Chairperson, Bid Committee, presented a written report on behalf of the Committee,
in connection with bids received by the City for construction of Phase I of the
Greater Gainsboro Infrastructure Improvements project, which includes
infrastructure improvements consisting of water, sanitary sewer, storm drainage,
utility, grading, paving, landscaping and. associated works within the Greater
Gainsboro Redevelopment area.
ACTION:
The Bid Committee recommended that City Council accept the bid submitted
by Breakell, Inc., and authorize the City Manager to execute a contract for said work,
in a form to be approved by the City Attorney, in the amount of $1,380,731.64 and 120
days of contract time, and reject the other bid received by the City; that Council
appropriate or transfer funding in the amount of $1,609,799.00, as more fully
described in the report, to a Capital Projects Fund account to be entitled, "Greater
Gainsboro Infrastructure,"; CDBG funds of $436,483.00 have been appropriated to
the proper accounts for a total of $2,046,282.00; and authorize the City Manager to
execute any necessary documents or agreements in connection with the Street
Lighting Agreement dated July 1,1995, with Appalachian Power Company, d/bla
American Electric Power (AEP), in order for AEP to provide the appropriate street
lights and associated electrical work for Phase I of the Greater Gainsboro
Infrastructure Improvements for $590,550.00.
The City Manager concurred in the recommendation of the Bid Committee.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#35009-080700) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General, Water, Sewage Treatment, Capital Projects, and Management
Services Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 387.)
Mr. Hudson moved the adoption of Ordinance No. 34009-080700. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
Mr. Hudson offered the following emergency ordinance:
(#35010-080700) AN ORDINANCE accepting the bid of Breakell, Inc., for Phase
I of the Greater Gainsboro Infrastructure Improvements, upon certain terms and
conditions and awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such; rejecting all other bids made to the City for
the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 390.)
57
58;
ACTION:
ACTION:
Mr. Hudson moved the adoption of Ordinance No. 35010-080700. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
Mr. Hudson offered the following emergency ordinance:
(#35011-080700) AN ORDINANCE authorizing the City Manager to execute any
necessary documents or agreements in connection with the Street Lighting
Agreement between the City and Appalachian Power Company, d/b/a American
Electric Power (AEP), dated July 1, 1995, in order for AEP to provide the appropriate
street lights and associated electrical work for Phase I of the Greater Gainsboro
Infrastructure Improvements; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 391.)
Mr. Hudson moved the adoption of Ordinance No. 35011-080700. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................ -0.
CITY PROPERTY-CHURCH AVENUE PARKING GARAGE-HOSPITALS-VIRGINIA
TECH-WATER RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water
Resources Committee, presented a written report on behalf of the Committee, with
regard to the lease of office space at 111-112 Church Avenue, S. W., in the Church
Avenue Parking Garage.
A staff report advised that Carilion Health System, Virginia Polytechnic
Institute and State University (VPI), and the University of Virginia announced in
November, 1999, the creation of the Carilion Biomedical Institute (CBI), which will
be located in the Roanoke Valley; on May 17, 2000, Council authorized the City
Manager to negotiate agreements with CBI and others in connection with a possible
new redevelopment area and concurred in a letter dated May 15, 2000, proposing
certain general terms and conditions; relocation of current tenants in the Graduate
Center in the Church Avenue Parking Garage to the Roanoke Higher Education
Center in the Greater Gainsboro Development area is scheduled to be completed by
September 1, 2000, which will vacate approximately 6,800 square feet of
office/classroom space at 111-117 Church Avenue, S. W.; in accordance with a
proposal letter, the space will be made available for lease to CBI, when vacated by
ACTION:
the current tenants, under essentially the same terms and conditions as the current
lease with VPI (year-to-year basis, not to exceed five years, with a 90 day
cancellation provision at the rate of $1.00 per year); and the lease will also provide
for 30 parking permits.
The Water Resources Committee recommended that Council authorize the
City Manager to advertise a public hearing and, lacking any comments to the
contrary, authorize execution of the appropriate document for a term of one year,
with the option to renew for four additional one-year terms, for the above described
City-owned property in the Church Avenue Parking Garage to CBI, with said lease
to be substantially under the same terms and conditions as the current lease with
VPI, subject to execution of a mutual Termination Agreement with VPI terminating
VPI's current lease, and in a form to be approved by the City Attorney, said lease to
be subject to CBI obtaining any necessary permits from the appropriate authority as
may be required by law, including, but not limited to, an occupancy permit.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt moved the Council concur the recommendation of the Water
Resources Committee to hold a public hearing on Monday, August 21, 2000, at
7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council
Chamber. The motion was seconded by Mr. Bestpitch and unanimously adopted.
EASEMENTS-APPALACHIAN POWER COMPANY-CITY PROPERTY-
SCHOOLS-WATER RESOURCES: Council Member Linda F. Wyatt, Chairperson,
Water Resources Committee, presented a written report on behalf of the Committee,
with regard to granting a variable width easement across City-owned property to
Appalachian Power Company for installation of overhead and underground facilities
to upgrade electric service to Garden City Elementary School.
A staff report advised that Appalachian Power Company (APCO), dlb/a
American Electric Power, has requested a variable width (ten to twenty-feet)
easement for the installation of overhead and underground facilities on the Garden
City Elementary School site, to provide upgraded electric service to the School; and
School Administration has reviewed and approved the proposed easement area.
The Water Resources Committee recommended that Council authorize the
City Manager to advertise a public hearing and, lacking any comments to the
contrary, authorize execution of the appropriate document, in a form to be approved
by the City Attorney, granting a variable width easement across City-owned property
to APCO for the purpose of installation of overhead and underground facilities to
upgrade electric service to the Garden City Elementary School.
(For full text, see reports on file in the City Clerk's Office.)
59
60'
ACTION:
ACTION:
Ms. Wyatt moved that Council concur the recommendation of the Water
Resources Committee to hold a public hearing on Monday, August 21, 2000, at
7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council
Chamber. The motion was seconded by Mr. Bestpitch and unanimously adopted.
UNFINISHED BUSINESS:
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-WATER RESOURCES:
Council having held a public hearing on Monday, July 17, 2000, with regard to a
proposal of the City of Roanoke to convey to Jerry W. Jones Construction, LLC, 6.5
acres of City-owned property consisting of 24 vacant building lots and one drainage
lot, located in Westview Terrace, and deferred action on the matter until
Monday, August 7, 2000, the matter was again before the body.
Mr. Harris moved that the following ordinance be placed upon its first reading:
(#35012) AN ORDINANCE providing for the fee simple conveyance to
Jerry W. Jones Construction, LLC, of City owned property cOnsisting of twenty-four
(24) vacant building lots and one (1) drainage lot located in Westview Terrace, such
lots being identified by Official Tax Nos. 6370511, 6370512, 6370513, 6370514,
6370515, 6370516, 6370517, 6370518, 6370519, 6370520, 6370601,6370602, 6370603,
6370604, 6370605, 6370606, 6370607, 6370608, 6370609, 6370710, 6370711,6370712,
6370203, 6370204 and 6370205, containing approximately 6.5 acres, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 63, page 387.)
The motion was seconded by Ms. Wyatt.
Mr. White expressed concern with regard to approving the sale of the property
at this time, especially in view of the surrounding area; impact on existing private
development; and the ability to complete development of the existing Subdivision
and/or undeveloped properties.
Mr. Bestpitch advised that he has been approached by numerous citizens who
believe that the City should not take a loss on the property; therefore, he could not
vote in favor of the sale of the property at this time.
Mr. Harris advised that the bidding process was competitive; as soon as the
City sells the land to a private developer, it then begins generating tax dollars and
returns revenue to the City; and those taxes generated by the residential
development, over a period of several years, will offset the loss to a certain degree.
ACTION:
Jerry W. Jones, representing Jerry W. Jones Construction Company, advised
of his intention to construct quality homes that will be an asset to the overall
Westview neighborhood.
Ms. Wyatt advised that Council made a commitment to the Westview
neighborhood in connection with the quality of houses to be constructed; Mr. Jones
was limited by that commitment, and Council has a responsibility to honor its
commitment to the neighborhood. She stated that Mr. Jones submitted his bid in
good faith based on the requirements that were set forth in the bid documents and
agreed to by the City and the neighborhood, and it is time for Council to honor its
commitment and vote on the sale of the property.
Mr. Bestpitch advised that his concerns do not relate to the quality of the
proposed construction outlined by Mr. Jones, and he has every intention of
supporting the commitment of previous Councils made to the Westview
neighborhood; however, the time involved to recoup the amount of money paid by
the City for the property and the amount of funds to be returned to the City through
generation of taxes will take approximately 12 - 15 years or more, and, if the City can
afford to wait 12 - 15 years for the generation of tax dollars, it can afford to wait a few
more years to find out if events develop that would help to make the property more
valuable, thus increasing its sale price. He called attention to the concerns of other
property owners who may wish to develop their property, but believe that the price
of the property in question could depress their property values.
Ordinance No. 35012, on first reading, was adopted by the following vote:
AYES: Council Members Harris, White, Wyatt, Carder and Mayor Smith ......... 5.
NAYS: Council Members Hudson and Bestpitch .......................................... 2.
INTRODUCTION
RESOLUTIONS:
AND CONSIDERATION OF ORDINANCES AND
EASEMENTS-APPALACHIAN POWER COMPANY-PARKS AND RECREATION:
Ordinance No. 34970, authorizing the granting of a easement for the relocation of an
existing overhead electric power service across City-owned property located in the
Mill Mountain Visitors Center site, upon certain terms and conditions, as more
particularly set forth in a report of the Water Resources Committee dated
July 17, 2000, having previously been before the Council for its first reading on
Monday, July 17, 2000, read and adopted on its first reading and laid over, was again
before the body, Mr. Hudson offering the following for its second reading and final
adoption:
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(#34970-080700) AN ORDINANCE authorizing the granting of an easement for
the relocation of an existing overhead electric power service across City-owned
property located on the Mill Mountain Visitors Center site, upon certain terms and
conditions.
ACTION'
ACTION:
(For full text of Ordinance, see Ordinance Book No. 63, page 338.)
Mr. Hudson moved the adoption of Ordinance No. 34970-080700. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder and Mayor
Smith .............................................................................................................. 6.
NAYS: None ......................................................................... - ................... 0.
(Council Member Harris was out of the Council Chamber)
TRAFFIC-NORFOLK SOUTHERN CORPORATION,LEASES-DOWNTOWN
NORTH-HIGHER EDUCATION CENTER: Ordinance No. 34971, authorizing the City
Manager to enter into an agreement between the City of Roanoke and Norfolk
Southern Railway Company providing for a lease to allow the exchange of
operational control of 100 City owned parking spaces behind Billy's Ritz for the
Railway's 66-space lot and 41 spaces located along the railroad track from Old
Second Street to the First Street Bridge, to provide additional parking for the Higher
Education Center, effective August 15, 2000, upon such terms and conditions as
more particularly described in a report of the Water Resource Committee dated
July 17, 2000, having previously been before the Council for its first reading on
Monday, July 17, 2000, read and adopted on its first reading and laid over, was again
before the body, Mr. Hudson offering the following for its second reading and final
adoption:
(#34971-080700) AN ORDINANCE authorizing the City Manager to enter into
an agreement between the City and Norfolk Southern Railway Company providing
for a lease to allow the exchange of operational control of certain parking areas to
provide for additional parking adjacent to the Roanoke Higher Education Center,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 63, page 338.)
Mr. Hudson moved the adoption of Ordinance No. 34971-080700. 'The motion
was seconded by Mr. Carder and adopted by the following vote:
ACTION:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder and Mayor
Smith .............................................................................................................. 6.
NAYS: None ............................................................................................. 0.
(Council Member Harris was out of the Council Chamber)
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-HOUSING/AUTHORITY:
Ordinance No. 34972, conveying City-owned property identified an Official Tax Nos.
2012920, 2012939, 2012943, and 2012949, containing approximately 0.064-acre,
located along Gainsboro Road, N. W., to the Roanoke Redevelopment and Housing
Authority, upon certain terms and conditions, as set forth in a report of the Water
Resource Committee dated July 17, 2000, having previously been before the Council
for its first reading on Monday, July 17, 2000, read and adopted on its first reading
and laid over, was again before the body, Mr. Hudson offering the following for its
second reading and final adoption:
(#34972-080700) AN ORDINANCE providing for the fee simple conveyance to
the Roanoke Redevelopment and Housing Authority of City-owned property,
identified by Official Tax Map Nos. 2012920, 2012939, 2012943 & 2012949, containing
approximately 0.064-acre, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 63, page 339.)
Mr. Hudson moved the adoption of Ordinance No. 34972-080700. The motion
was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder and Mayor
Smith .............................................................................................................. 6.
NAYS: None ............................................................................................. 0.
(Council Member Harris was out of the Council Chamber)
EASEMENTS-APPALACHIAN POWER COMPANY-SCHOOLS: Ordinance No.
34973, authorizing the granting of a 15 foot easement for the relocation of a portion
of an existing overhead electric-power service across City-owned property located
on the Patrick Henry High School Governor's School site, upon certain terms and
conditions, as more particularly set forth in a report of the Water Resources
Committee dated July 17, 2000, having previously been before the Council for its first
reading on Monday, July 17, 2000, read and adopted on its first reading and laid
over, was again before the body, Mr. White offering the following for its second
reading and final adoption:
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ACTION:
ACTION:
(#34973-080700) AN ORDINANCE authorizing the granting of a 15' easement
for the relocation of a portion of an existing overhead electric power service across
City-owned property located on the Patrick Henry High School Governor's School
site, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 63, page 340.)
Mr. White moved the adoption of Ordinance No. 34973-080700. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder and Mayor
Smith .............................................................................................................. 6.
NAYS: None ............................................................................................ 0.
(Council Member Harris was out of the Council Chamber)
COUNCIL-SCHOOLS: Mr. Hudson offered the following resolution changing
the place of commencement of the regular meeting of City Council scheduled to be
held at 12:15 p.m., on Monday, August 21, 2000, to the Breckenridge Middle School
Cafeteria, 3901 Williamson Road, N. W. with the 2:00 p.m., session of Council to be
held in the City Council Chambers, 215 Church Avenue, S. W., City of Roanoke:
(35013-080700) A RESOLUTION changing the place of commencement of the
regular meeting of City Council scheduled to be held at 12:15 p.m., on
Monday, August 21, 2000.
(For full text of Resolt~tion, see Resolution Book No. 63, page 393.)
Mr. Hudson moved the adoption of Resolution No. 35013-080700. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder and Mayor
Smith .............................................................................................................. 6.
NAYS: None ............................................................................................. 0.
(Council Member Harris was out of the Council Chamber)
COUNCIL-NATIONAL LEAGUE OF CITIES: Mr. Bestpitch offered the following
resolution designating Linda F. Wyatt as Voting Delegate and C. Nelson Harris as
Alternate Voting Delegate for the Annual Business Meeting of the National League
of Cities, to be held on December 5-9, 2000, in Boston, Massachusetts:
ACTION:
ACTION:
ACTION:
(#35014-080700) A RESOLUTION designating a Voting Delegate and Alternate
Voting Delegate for the Annual Business Meeting of the National League of Cities.
(For full text of Resolution, see Resolution Book No. 63, page 394.)
Mr. Bestpitch moved the adoption of Resolution No. 35014-080700. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
PROCLAMATIONS-ACTS OF ACKNOWLEDGMENT-DECEASED PERSONS-
WAR MEMORIAL: Mr. Hudson offered the following resolution recognizing the
bravery and sacrifice of all the Marines from the Roanoke Valley who fought in
service to their country during the Korean War, and proclaiming August 20, 2000, as
Korean War Marine Remembrance Day:
(#35015-080700) A RESOLUTION recognizing the bravery and sacrifice of all
the Marines from the Roanoke Valley who fought in service to their country during
the Korean War, and proclaiming August 20, 2000, Korean War Marine Remembrance
Day.
(For full text of Resolution, see Resolution Book No. 63, page 394.)
Mr. Hudson moved the adoption of Resolution No. 35015-080700. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................. 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
COUNCIL: There was discussion by the Members of Council with regard to
citizen comments/presentations on agenda items; whereupon, it was the
consensus of Council that citizens be informed through the City Page that
those persons who wish to speak at City Council meetings are requested to
call the City Clerk's Office in advance of the Council meeting, or register with
the Staff Assistant prior to the Council meeting.
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ACTION:
COUNCIL-TREES-PARKS AND RECREATION: Council Member White
requested an update by the City Manager on the City's Urban Forestry Program.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
At 4:30 p.m., the Mayor declared the meeting in recess.
At 6:07 p.m. the meeting reconvened in the City Council Chamber, with
Mayor Smith presiding, and all Members of the Council in attendance, with the
exception of Council Member Harris, who left the Council meeting during the closed
session.
ACTION:
COUNCIL: With respect to the Closed Meeting just concluded, Mr. White
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder and Mayor
Smith ............................................................................................................... 6.
NAYS: None ............................................................................................. 0.
(Council Member Harris was absent)
There being no further business, the Mayor declared the meeting adjourned
at 6:10 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
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ROANOKE CITY COUNCIL ..... ROANOKE CITY SCHOOL BOARD
August 21, 2000
12:15 p.m.
A joint meeting of the Roanoke City Council and the Roanoke City School
Board was called to order on Monday, August 21,2000, at 12:15 p.m., at Breckinridge
Middle School Media Center, 3901 Williamson Road, N. W., City of Roanoke, with
Mayor Ralph K. Smith and School Board Chairperson Melinda J. Payne presiding,
pursuant to Rule 1, Regular Meetings, Section 2-15, Rules of Procedure, Code of the
City of Roanoke (1979), as amended, and pursuant to Resolution No. 35013-080700
adopted on August 7, 2000.
CITY COUNCIL MEMBERS PRESENT: William D. Bestpitch, William H. Carder,
C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, and Mayor
Ralph K. Smith .................................................................................................. 7.
CITY COUNCIL MEMBERS ABSENT: None .................................................. 0.
ROANOKE CITY SCHOOL BOARD TRUSTEES PRESENT: Charles W. Day,
Marsha W. Ellison, Sherman P. Lea, Gloria P. Manns, Ruth C. Willson, and
Chairperson Melinda J. Payne ............................................................................. 6.
ROANOKE CITY SCHOOL BOARD TRUSTEES ABSENT: Brian J. Wishneff- .... 1.
CITY STAFF PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Deputy City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor;
Kit B. Kiser, Assistant City Manager for Operations; and George C. Snead, Jr.,
Assistant City Manager for Community Development.
SCHOOL STAFF PRESENT: Dr. E. Wayne Harris, Superintendent;
Richard L. Kelley, Assistant Superintendent of Operations; Cindy R. Lee, Clerk of the
Roanoke City School Board; Ann Harmon, Executive for Student Support Services;
Mary D. Hackley, Executive for Elementary Programs; Rita D. Bishop, Associate
Superintendent-Instruction; and Lissy Runyon-Merenda, Supervisor, School-
Community Relations.
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School Board Chair Melinda Payne welcomed the Members of Council and
City staff to the meeting.
Council Member Harris gave the invocation.
Following lunch, the business session convened at 12:55 p.m.
SCHOOLS: Superintendent Harris presented information on evidences of
increased student performance, and advised that 20 schools improved attendance
and four met the incentive goal which is a +10 gain in percentage of students absent
fewer than 11 days. He further advised that the Noel C. Taylor Learning Academy
saw the greatest gain in student attendance with a 20 per cent improvement; 17
schools showed a reduction in the number of days that staff were absent and 13 of
those schools met the incentive of -10 per cent reduction in staff absences, and
James Madison Middle School saw the greatest reduction in staff absences (47 per
cent reduction). He explained that ten schools improved performance on fitness
tests and seven met both criteria in the fitness incentive (at least 95 per cent of the
students took all four fitness tests and an additional +7 in percentage passed on four
tests) and Lincoln Terrace Elementary School saw the greatest increase in students
passing fitness tests, with a 28 per cent increase.
Dr. Harris reviewed charts on the percentage of students passing the
Standards of Learning tests in English, mathematics, history, and science and
advised that all schools showed improvement in student achievement on at least
one SOL test; and the following four elementary schools improved the percentage
of students passing on eight of ten SOL tests:
Fairview Elementary School
Fallon Park Elementary School
Hurt Park Elementary School
Roanoke Academy for Mathematics and Science
He further advised that Woodrow Wilson Middle School met the SOL incentive
goals on five of seven SOL tests; Highland Park Elementary School showed
improvement on all SOL tests and met its SOL incentive goals on nine of ten SOL
tests; Jackson Middle School showed improvement on all SOL tests and met its SOL
incentive goals on six of seven SOL tests; James Madison Middle School improved
student achievement on every SOL test and was the only school to meet all of its
SOL incentive benchmarks.
Dr. Harris advised that fully accredited schools are:
James Madison Middle School
Raleigh Court Elementary School
Fishburn Park Elementary School
Grandin Court Elementary School, and
Wasena Elementary School.
He reviewed charts showing the percentage of juniors and seniors enrolled
in advanced placement courses who scored three, four or five on at least one
advanced placement test between the years 1994 and 2000, as follows:
1994 - 35 per cent
1995 - 38 per cent
1996 - 37 per cent
1997 - 46 per cent
1998 - 49 per cent
1999 - 54 per cent
2000 - 57 per cent
He also reviewed a chart showing the percentage of juniors and seniors taking
one or more advanced placement or college level courses from 1994 - 2000, as
follows:
1994 23 per cent
1995 22 per cent
1996 27 per cent
1997 28 per cent
1998 29 per cent
1999 30 per cent
2000 30 per cent
He referred to a chart depicting mean scores on Scholastic Assessment Tests
(SAT) from 1994 to 1999. In connection with the pre school initiative, he advised that
there are 26 pre-school classes with 22 classes for four year olds and four classes
for three year olds and more than 89 per cent of the children who entered
kindergarten from these classes demonstrated a reading readiness.
Dr. Harris also discussed community engagement initiatives which have
included realtor tours, computing seniors, community fitness centers, and libraries
which are open to the community.
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There was discussion with regard to continuing efforts to increase the
learning experience during early childhood development to insure that all children
get off to an even start; the elimination of modular classrooms in which it was stated
by school officials that the goal is to add 63 additional permanent classrooms, and
it is hoped to complete the modular classroom replacement program within three
years; air conditioning window units will be replaced so that all schools will be
served by central air; benefits of the after school program; concerns regarding the
decline in student population over the next five years; reducing the achievement gap
between minority and non-minority students in which itwas pointed out that the goal
of decreasing the gap by one-half has not been attained, however, there have been
some gains in reducing the gap.
There being no further business, the Mayor declared the meeting of Roanoke
City Council in recess at 1:35 p.m. to be reconvened at 2:00 p.m., in the Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
Roanoke, Virginia.
At 2:00 p.m., on Monday, August 21, 2000, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 21.5 Church Avenue, S. W., City of Roanoke, with the following
Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., William White, Sr.,
Linda F. Wyatt, William D. Bestpitch, William H. Carder, C. Nelson Harris and Mayor
Ralph K. Smith ............................................ , ..................................................... 7.
ABSENT: None ........................................................................................ 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend Charles
Ward, Minister of Discipleship, First Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS:
PROCLAMATIONS-VIRGINIA TECH: The Mayor presented a
proclamation declaring Friday, August 25, 2000, as Hokie Pride Day.
7O
ACTION:
DIRECTOR OF FINANCE-ACTS OF ACKNOWLEDGMENT: The
Mayor advised that a Certificate of Achievement for Excellence in
Financial Reporting has been awarded to the City of Roanoke by the
Government Finance Officers Association of the United States and
Canada for its comprehensive annual financial report, which is
recognized as the highest form of recognition in the area of
governmental accounting and financial reporting and its attainment
represents a significant accomplishment by a government and its
management.
He presented certificates and plaques to Ann H. Allen, Manager
of Accounting Services, and Rosemary Trussell, Retirement
Accountant.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to three requests for a Closed Meeting to
discuss a matter with regard to a prospective business where no
previous announcement of the interest of the business in locating its
facilities in the City has been made; to consult with legal counsel on a
matter of probable litigation; and to discuss vacancies on various
authorities, boards, commissions and committees appointed by
Council.
COMMITTEES-COUNCIL: A communication from Mayor
Ralph K. Smith requesting that Council convene in Closed Meeting to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by Council, pursuant
to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was
before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the request of the Mayor
to convene in Closed Meeting to discuss personnel matters relating to
vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Carder and adopted by the following vote:
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ACTION:
ACTION:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, Harris and Mayor Smith ....................................................... 7.
NAYS: None ......................................................................... 0.
INDUSTRIES-ECONOMIC DEVELOPMENT-COUNCIL: A report of
the City Manager requesting that Council convene in Closed Meeting to
discuss a matter with regard to a prospective business where no
previous announcement of the interest of the business in locating its
facilities in the City has been made, pursuant to Section 2.1-344 (A)(5),
Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the request of the City
Manager to convene in Closed Meeting to discuss a matter with regard
to a prospective business where no previous announcement of the
interest of the business in locating its facilities in the City has been
made, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Carder and adopted by the
following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, Harris and Mayor Smith ....................................................... 7.
NAYS: None ......................................................................... 0.
COUNCIL: A report of the City Attorney requesting that Council
convene in Closed Meeting to discuss a matter with regard to
consulting with legal counsel on a topic relating to probable litigation,
pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended,
was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the request of the City
Attorney to convene in Closed Meeting to 'discuss a matter with regard
to consulting with legal counsel on a topic relating to probable
litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Carder and adopted by the
following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, Harris and Mayor Smith ....................................................... 7.
NAYS: None ......................................................................... 0.
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REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
VIRGINIA AMATEUR SPORTS/COMMONWEALTH GAMES:
Peter Lampman, President, Virginia Amateur Sports, Inc., expressed
appreciation for the City's support of the Virginia Commonwealth
Games which continue to grow, and presented an economic impact
study on the effect of the Commonwealth Games on the Roanoke Valley
estimated to be in the range of $8 million. He advised that there was a
three per cent increase in the total number of athletes for the year 2000,
or 10,322, which means that over the past 11 years, approximately
90,000 athletes have competed in the Commonwealth Games of
Virginia. He presented a plaque of appreciation to the City, and
Commonwealth Game tee-shirts to the Members of Council and
Council-Appointed Officers.
PETITIONS AND COMMUNICATIONS:
BUDGET-DRUGS/SUBSTANCE ABUSE-COMMONWEALTH'S
ATTORNEY: A communication from the Commonwealth's Attorney
advising that Federal funding was made available to the
Commonwealth of Virginia to be used for development of several. Multi-
Jurisdictional Special Drug Prosecutors statewide; the positions were
developed to coordinate prosecutorial efforts among independent
jurisdictions, to reduce fractional and duplicate prosecutions, to
enhance the recovery of criminal assets, and to utilize federal, state and
local resources to assure maximum prosecutorial resources to the
regional drug enforcement effort; the Commonwealth's Attorneys of
Craig County, Franklin County, Roanoke County, and the Cities of
Roanoke and Salem applied on October 9, 1987, to the
Commonwealth's Attorneys' Services Council, the State agency
responsible for administration of grant money to fund a Multi-
Jurisdictional Special Drug Prosecutor; and Council accepted the grant
in April 1988, and a full-time Special Drug Prosecutor was hired in
July, 1988.
It was further advised that on April 15, 1994, funding for the Drug
Prosecut(~r's Office was transferred from the Commonwealth's
Attorneys' Services Council to the Compensation Board; the
Compensation Board approved funding for the Drug Prosecutor in the
amount of $96,012.00 on April 26, 2000, which will continue through
June 30, 2001; the local share cost is $12,560.00, for a total of
$108,572.00; local share funding is budgeted in the General Fund -
Transfer to Grant Fund, Account No. 001-250-9310-9535; and annual re-
application for funding is required.
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ACTION:
The Commonwealth's Attorney recommended that Council
accept fl~nds from the Compensation Board, in the amount of
$96,012.00, with the City of Roanoke providing local share funding in
the amount of $12,560.00; authorize the City Manager to execute
requisite documents to obtain funding from the Compensation Board;
and authorize the Director of Finance to establish a revenue estimate
in the amount of $108,572.00 in the Grant Fund and appropriate funding
to certain expenditure accounts.
The City Manager submitted a written report concurring in the
recommendation of the Commonwealth's Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#35016-082100) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 388.)
Mr. Hudson moved the adoption of Ordinance No. 35016-082100.
The motion was seconded by Mr. White and adopted by the following
vote:
ACTION:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, Harris and Mayor Smith ....................................................... 7.
NAYS: None ......................................................................... 0.
Mr. Hudson offered the following resolution:
(#35017-082100) A RESOLUTION authorizing the acceptance of
funding for the regional drug prosecutor's office from the
Compensation Board of the Commonwealth of Virginia and authorizing
the acceptance, execution and filing of appropriate documents to
obtain such funds.
(For full text of Resolution, see Resolution Book No. 63, page 390.)
Mr. Hudson moved the adoption of Resolution No. 35017-082100.
The motion was seconded by Mr. White and adopted by the following
vote:
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AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, Harris and Mayor Smith ...................................................... 7.
NAYS: None ......................................................................... 0.
POLICE DEPARTMENT-BUDGET-COMMONWEALTH'S
ATTORNEY: A communication from the Commonwealth's Attorney
advising that in an effort to better fund law enforcement efforts to fight
crime, particularly drug crime, in 1986, the Federal government adopted
a system of asset forfeiture whereby forfeited assets, under certain
conditions, could be returned to local law enforcement agencies, police
and prosecutors, for use in their fight against crime; in July 1991, the
Virginia asset forfeiture statute, which generally is patterned after the
Federal statute, took effect, providing that forfeited criminal assets may
be returned to local police and prosecutors for use in the fight against
crime; periodically, assets seized as evidence are ordered forfeited by
the local courts to the police or the Office of the Commonwealth's
Attorney to be used for criminal law enforcement efforts; and in August
1991, a grant fund account for cash assets forfeited to the Office of the
Commonwealth's Attorney was established with an appropriation of
$25,000.00
It was further advised that since August 1991, the Office of the
Commonwealth's Attorney has expended the $25,000.00 originally
appropriated, and periodically receives additional funds from the
state's asset sharing program; grant requirements include that these
funds be placed in an interest bearing account and that the interest
earned be used in accordance with program guidelines; revenues
collected through June 30, 2000, for the grant are $133,113.00; and
funding received in excess of the revenue estimate totals $18,614.00,
and needs to be appropriated before the funds can be expended for law
enforcement.
The Commonwealth's Attorney recommended that Council
authorize the Director of Finance to increase the revenue estimate in
the amount of $18,614.00 and appropriate funding to certain accounts
listed in the report.
The City Manager submitted a written report concurring in the
recommendation of the Commonwealth's Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
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ACTION:
(#35018-082100) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 391.)
Mr. Hudson moved the adoption of Ordinance No. 35018-082100.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, Harris and Mayor Smith ....................................................... 7.
NAYS: None ......................................................................... 0.
BONDS/BOND ISSUES-SCHOOLS: A commumcat, on from the
Roanoke City School Board advising that as a result of official School
Board action, at its meeting on August 8, the School Board approved
resolutions to participate in the 2000 Interest Rate Subsidy Program
Bond Sale -VPSA School Financing Bonds (1997 Resolution) Series
2000B; proceeds of the bond issue will be used in lieu of the Literary
Fund loans approved by the State for Preston Park Primary School,
Grandin Court Elementary School, and Garden City Elementary School;
the School Board will pay the debt service on the VPSA Interest Rate
Subsidy Bond Issue; and use of the bond issue provides:
An interest rate of 4%--the same as the Literary
Fund loan rate;
The debt will not count against the $20 million
Literary Fund loan debt ceiling for the locality;
The first debt service payment will not be due until
the 2001-2002 fiscal year.
The School Board requested that Council approve a resolution
indicating that Roanoke City desires to participate in the VPSA bond
issue. The Board advised that no further action is required of the City
at this time; however, if the application is approved by the VPSA Board,
Council will be requested to conduct public hearings and perform other
procedural matters that may be required for participation in the bond
issue.
(For full text, see communication on file in the City Clerk's Office.)
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ACTION:
ACTION:
Mr. Harris offered the following resolution:
(#35019-082100) A RESOLUTION authorizing and directing the
City Manager to file an application with the Virginia Public School
Authority seeking bond financing in an amount not to exceed
$1,900,000.00 to finance certain capital improvements in connection
with Preston Park Primary School, previously approved by the Council
at its June 21, 1999, meeting.
(For full text of Resolution, see Resolution Book No. 63, page 392.)
Mr. Harris moved the adoption of Resolution No. 35019-082100.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, Harris and Mayor Smith ....................................................... 7.
NAYS: None ......................................................................... 0.
Mr. Harris offered the following resolution:
(#35020-082100) A RESOLUTION authorizing and directing the
City Manager to file an application with the Virginia Public School
Authority seeking bond financing in an amount not to exceed
$1,900,000.00 to finance certain capital improvements in connection
with Grandin Court Elementary School, previously approved by the
Council at its June 21, 1999, meeting.
(For full text of Resolution, see Resolution Book No. 63, page 393.)
Mr. Harris moved the adoption of Resolution No. 35020-082100.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, Harris and Mayor Smith ....................................................... 7.
NAYS: None ......................................................................... 0.
Mr. Harris offered the following resolution:
(#35021-082100) A RESOLUTION authorizing and directing the
City Manager to file an application with the Virginia Public School
Authority seeking bond financing in an amount not to exceed
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ACTION:
$2,750,000.00 to finance certain capital improvements in connection
with Garden City Elementary School, previously approved by the
Council a*~ its June 21, 1999, meeting.
(For full text of Resolution, see Resolution Book No. 63, page 394.)
Mr. Harris moved the adoption of Resolution No. 35021-082100.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, Harris and Mayor Smith ....................................................... 7.
NAYS: None ......................................................................... 0.
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation of funds to the following school
accounts, was before Council.
$5,940.00 in additional funding for the Title I Local
Delinquent Children Grant to provide transition services to
yo~th exiting the Juvenile Detention Center and youth
entering Youth Haven; the services include drop-out
prevention services, coordination and referral for
substance abuse, adolescent health and mental health
services, as well as placement services in appropriate and
unique educational programs designed for youth at risk of
school failure; this continuing program is one hundred per
cent reimbursed by Federal funds;
$541,697.00 for the 2000-01 Title VI Class Size Reduction
initiative to provide funds for the placement of 12
classroom teachers to be placed in grades one through
three throughout the district to reduce class size in those
grades so that they are no larger than 18; this continuing
program is one hundred per cent reimbursed by Federal
funds;
$1,770.00 in additional funding for the 1999-2000 Child
Development Clinic program based on the actual
expenses of the program; funds are provided for the
salary and expenses of the educational coordinator at the
clinic; expenses for this continuing program were one
hundred per cent reimbursed by State funds;
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ACTION:
$1,664.00 in additional funding for the 1999-2000 Child
Specialty Service program based on the actual expenses
of the program; funds are provided for. the salary and
expenses of the educational coordinator; expenses for
this continuing program were one hundred per cent
reimbursed by State funds;
$4,832.00 in additional funding for the 1999-2000 Juvenile
Detention program based on actual expenses of the
program; funds are provided for the salary and expenses
of three educational coordinators; expenses for this
continuing program were one hundred per cent
reimbursed by State funds; and
$15,636.00 in additional funding for the 2000-2001
Alternative Education program; the continuing program
will provide alternative curriculum and training for high
risk students at the Noel C. Taylor Learning Academy and
is funded one hundred per cent by State funds.
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35022-082100) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 School Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 395.)
Mr. Harris moved the adoption of Ordinance No. 35022-082100.
The motion was seconded by Mr. Hudson and adopted by the following.
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, Harris and Mayor Smith ....................................................... 7.
NAYS: None ......................................................................... 0.
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REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BONDS/BOND ISSUES-PARKS AND RECREATION-CAPITAL
IMPROVEMENTS PROGRAM: The City Manager introduced a briefing
with regard to the Capital Improvements Program (CIP) funding for park
improvements, and presented Beth Poff, Vice-Chair, Citizens Advisory
Committee for the Parks and Recreation Comprehensive Master Plan,
and Dr. W, Rupert Cutler, Member of the Citizens Advisory Committee,
for reports.
Dr. Cutler advised that in May 1997, the citizens of Roanoke
approved a bond referendum that included $3.9 million for City park
improvements; and in 1998, staff of the Department of Parks and
Recreation, together with the Citizens Advisory Committee appointed
by the City Manager, began work on a new Parks and Recreation
Comprehensive Master Plan. He explained that a part of the
committee's charge was to identify specific park improvements to be
funded with the 1997 bond issue money and the committee agreed that
it is logical to repair what is broken in the parks before building new
facilities. He advised that the Citizens Advisory Committee created a
bond issue subcommittee to study needs, set priorities and prepare a
budget that fell within available funds which was presented to the full
Citizens Advisory Committee and received approval. He stated that
after reviewing the needs, the bond issue subcommittee created a
priority system for approvals and identified the following six categories
of necessary work:
(1) Safety
(2) Accessibility
(3) Master Plan Initiatives
(4) Special Park Project Grants
(5) High Impact Equity
(6) Quality of Recreational Experience.
Ms. Poff discussed the above categories:
(1) Safety - Out of 35 City playgrounds, one-half include
the older wooden type structures that do not comply with
Federal guidelines; replace/improve lighting, field areas,
8O
softball, baseball, soccer, and tennis court surfaces;
initiation of Wiley Drive traffic calming measures to slow
down traffic through the use of speed humps, and pinch
points in the median strip; improved walking conditions
and elimination of erosion in Mason Mill Park; and
improved pedestrian safety in Lakewood Park in the
vicinity of the channel.
(2) Accessability - Restrooms are old and outdated, some
of which need to be removed or replaced.
(3) Master Plan Initiatives - Review underserved park areas
such as Ridgewood Park and Shadeland Avenue; and
develop an environmental education center through
renovations to the facility in Wasena Park that previously
housed the Transportation Museum.
(4) Special Park Project - A grant which is intended to
work with neighborhood groups and others toward a
funding mechanism for certain park improvements.
(5) High Impact Equity - It is proposed to work in
neighborhood areas with high equity issues, by targeting
the park signage system, and other priority issues such as
picnic shelters, parking areas, and furniture (benches,
trash cans, drinking fountains, etc.) which are outdated.
(6) Quality of Recreational Experience - Includes athletic
field lighting, walkways connecting with various features
throughout park areas, seating, fences, goals,
scoreboards, court improvements in general, and
landscaping.
Dr. Cutler advised that the total available budget is $3,698,369.00
which breaks out as follows:
(1) Safety - $2,746,187.00 which consumes the largest
portion of the budget and items proposed are essential for
safe management of the parks.
(2) Accessibility for the disabled - $482,057.00 which is
considered to be an urgent priority with little
administrative discretion.
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He advised that out of the $3.7 million available, $3.2 million in
park repairs are non-discretionary, leaving only $500,000.00 for
discretionary projects such as the master plan and $316,000.00 which
responds to equity or geographic description needs and emergency
operations addressed in the master plan. He stated that the parks
master plan includes numerous other desirable projects designed to
catch up with bench-mark cities elsewhere that cannot be addressed
with available funds; special park project grants totaling $100,000.00;
high impact/high equity opportunities totaling approximately $1 million~
with $25,875.00 budgeted and quality recreational experience
improvements estimated at approximately $1.5 million with $0
budgeted.
Dr. Cutler explained that the total of unfunded projects is
approximately $2.5 million which does not include construction of
recreational centers, protection of the park system's natural
environment, or extension of the greenway system. He advised that the
Citizens Advisory Committee requests that Council appropriate the
1999 General Obligation Bond funds earmarked for parks into the 12
accounts listed in the report of the City Manager which will enable staff
to begin and implement outlined projects. He noted that many projects
are small and need only to be procured, while others will require bid
committee reports for approval by Council. He advised that $2.5 million
has been identified in immediate park fix-up needs, and the total will
increase as time passes because of deterioration and inflation. He
stated that the long range vision of the City's Parks and Recreation
Citizens Advisory Committee calls for spending approximately $27
million on Roanoke's park system to make it competitive with other
cities its size across the country and members of the Citizens Advisory
Committee believe that a sound investment in the quality of life for
citizens of the City of Roanoke will pay dividends in happy, healthy and
constructively occupied citizens living in a protected environment.
Mr. Bestpitch inquired about the condition of the pond in
Lakewood Park which appears to be covered with algae over its entire
surface; whereupon, Dr. Cutler advised that the problem is either an
accumulation of algae or duck weed and it may be better to leave the
situation as is rather than to treat the problem with chemicals.
Mr. Carder spoke to the need for an action plan encompassing
programs in all City parks, financing, etc.
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Without objection by Council, the Mayor advised that the briefing
would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
POLICE DEPARTMENT: A report of the City Managerwith regard
to Change Order No. 3, to the contract with Thor, Inc., for the new
Roanoke Police Building, Phase I, was withdrawn by the City Manager.
BONDS/BOND ISSUES-PARKS AND RECREATION-BUDGET: The
City Manager submitted a written report advising that citizens passed
a bond referendum in May 1997 that included funds for park
improvements; the recently completed Comprehensive Parks and
Recreation Master Plan process was used to determine needs and set
priorities for the Department's operations for the next seven - ten years,
including developing a budget for park improvement funds in the
Capital Improvement Program; a subcommittee of the Citizen's
Advisory Committee (CAC) for the Comprehensive Parks and
Recreation Master Plan reviewed the City's needs, set priorities, and
developed a recommended budget; and the balance for park
improvements is $3,688,369.00.
It was further advised that the Citizen's Advisory Committee
subcommittee outlined the following priority structure, estimated costs,
and budgets:
"Safety issues" include facilities that do not meet current
safety guidelines or could present an increased possibility
of injury, e.g., replacement of wooden playgrounds and
athletic field lighting. (Estimated/budgeted:
$2,764,187.00)
"Accessibility issues": most park restrooms must be
renovated, and some must be replaced.
(Estimated/budgeted: $482,057.00)
"Master Plan initiatives" address particular needs
identified in the master plan. (Estimated/budgeted
$316,250.00)
"Special park project grants" allow neighborhood and
special interest groups to initiate projects not on the list
and receive funding assistance in the form of matching
money. (Budgeted: $100,000.00)
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"High impact/high-equity projects" will benefit many
citizens or will reduce inequities in the park system.
(Estimated: $1,026,605.00; budgeted: $25,875.00)
"Quality of recreational experience" includes projects that
make the parks more comfortable or more attractive
places to visit and use. (Estimated: $1,445,723.00;
budgeted: $0.00)
Bid Committee reports will be presented to Council for
consideration at the appropriate times.
The City Manager recommended transfer of $3,688,369.00 of
bond funds from Capital Projects Fund, Account No. 008-052-9709-
9180, to the following Park Improvements accounts to be established
by the Director of Finance.
Cateqory
Appropriation
Priority 1. Safety
New Playgrounds
Baseball/softball field lighting
Baseball/softball field improvements
Soccer/football field lighting
and improvements
Athletic court improvements
Hazard tree maintenance
Special safety improvements
Priority 2. Accessibility
Comfort station replacement
Comfort station renovations
Priority 3. Master Plan initiatives
Master Plan projects
Priority 4. Special park projects grants
Special park projects grants
Priority5. High-impact/high-equity projects
Sign replacement
Total Appropriation
$ 728,000.00
$ 821,215.00
$ 493,253.OO
$ 164,220.00
$ 53,188.00
$ 67,936.00
$ 382,375.00
$ 419,750.00
$ 62,3O7.00
$ 316,250.00
$ 100,000.00
$ 28,875.00
$ 3,688,369.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder offered the following emergency budget ordinance:
(#35023-082100) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 Capital Projects Fund Appropriations, and
providing for an emergency.
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ACTION:
(For full text of Ordinance, see Ordinance Book No. 63, page 397.)
Mr. Carder moved the adoption of Ordinance No. 35023-082100.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, Harris and Mayor Smith ....................................................... 7.
NAYS: None ......................................................................... 0.
FEE COMPENDIUM-TOWER PARKING GARAGE-ALLRIGHT
ROANOKE PARKING, INC.: The City Manager submitted a written
report advising that on July 28, 1997, the City of Roanoke entered into
a five-year contract for management and operation services with
AIIright Roanoke Parking, Inc. (AIIright) to operate the City's downtown
parking facilities; facilities consist of Church Avenue Parking Garage,
Market Square Parking Garage, Century Station Parking Garage, Tower
Parking Garage, Williamson Road Parking Garage, Williamson Road
Parking £ ot and the Viaduct Parking Lot; the contract took effect on
August 1, 1997, and was amended on May 1, 2000, adjusting the
Management Fee to AIIright in light of a reduction in parking spaces
and additional services to be provided; and the City is currently in the
fourth year of the five-year contract.
It was further advised that the following issues regarding the
above referenced parking facilities require Council action:
Amendment No. 2 to the contract is necessary to provide
management and operation services for the two parking
lots on Shenandoah Avenue that the City of Roanoke is
receiving in exchange for the Viaduct Surface Lot from the
Norfolk Southern Railway Company (NS).
To address the parking situation at the Roanoke Higher
Education Center, the City has reached an agreement with
Norfolk Southern to exchange approximately 100 parking
spaces at the Viaduct Parking Lot for a total of
approximately 107 parking spaces on two lots located in
the 100 block of Shenandoah Avenue, to be known as
Shenandoah Parking Lots 1 and 2; AIIright will continue to
have some contractual responsibilities at the Viaduct
Parking Lot and, at the City's request, has submitted a
proposal for management and operation services of the
two parking lots on Shenandoah Avenue, as follows:
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Term:
Beginning September 1, 2000, and ending
July 31,2002, but subject to cancellation by the City
upon 30 days written notice to AIIright.
Management Fee: September 1, 2000 - July 31, 2001, Increase from
$25,934.00 to $26,850.00 per month
August 1, 2001 July 31, 2002, Increase from
$26,712.00 to $27,655.00 per month
AIIright will be reimbursed for the necessary
signage and striping of the two Shenandoah
parking lots; all other terms and conditions will be
the same as in the original contract, dated
July 28, 1997.
AIIright will provide liability insurance coverage as
required in the original contract.
AIIright will provide for all routine maintenance of
the two lots.
m
Parking Fee for the Tower Parking Garage requires
amending as well as establishing parking fees for
Shenandoah Parking Lots 1 and 2.
Currently, all City owned downtown parking facilities offer
free parking after 4:45 p.m.; to further assist the Roanoke
Higher Education Center, it is proposed that the Fee
Compendium be amended to provide for free parking in
the Tower Parking Garage beginning at 4:00 p.m. effective
August 21, 2000.
It is further proposed that the Fee Compendium be amended to
establish parking fees for Shenandoah Parking Lots 1 and 2, effective
August 21, 2000.
The City Manager's authority to modify or to waive the
above parking fees and to provide for late charges shall be
the same as for other City Parking facilities referenced in
the July 28, 1997, contract between the City and AIIright.
The City Manager recommended that she be authorized to enter
into Amendment No. 2 to the contract between the City of Roanoke and
AIIright Roanoke Parking, Inc., dated July 28, 1997, to provide
management and operation services for the two parking lots on
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ACTION'
ACTION:
Shenandoah Avenue that the City of Roanoke will receive in exchange
for the Viaduct Surface Lot from Norfolk Southern; that Council
approve the parking rate schedule for Shenandoah Parking Lots 1 and
2; and that Council adjust the parking fees atthe Tower Parking Garage
to allow free parking after 4:00 p.m., and amend the Fee Compendium
to reflect the above parking rates and changes, effective
August 21, 2000.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#35024-082100) AN ORDINANCE authorizing an amendment to
the contract for management and operation services between the City
of Roanoke and AIIright Roanoke Parking, Inc.(AIIright), dated
July 28, 1997, regarding certain parking facilities; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 398.)
Mr. Harris moved the adoption of Ordinance No. 35024-082100.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, Harris and Mayor Smith ....................................................... 7.
NAYS: None ......................................................................... 0.
Mr. Harris offered the following resolution:
(#35025-082100) A RESOLUTION providing for an amendment of
the fees charged at the Tower Parking Garage, and the adoption of fees
to be charged at Shenandoah Parking Lot 1 and Shenandoah Parking
Lot 2; and directing amendment of the Fee Compendium.
(For full text of Resolution, see Resolution Book No. 63, page 400.)
Mr. Harris moved the adoption of Resolution No. 35025-082100.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, Harris and Mayor Smith ....................................................... 7.
NAYS: None ......................................................................... 0.
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PARKS AND RECREATION-LANDMARKS/HISTORICAL
PRESERVATION-GRANTS: The City Managersubmitted a written report
advising that the Department of Parks and Recreation applied to the
Virginia Department of Historic Resources for two grants of State funds
for up to 50 per cent of the costs for rehabilitation and maintenance of
historic properties.
It was further advised that the first grant application request of
$47,500.00 for Mountain View Recreation Center, also known as the
"Fishburn House", 714 13th Street, S. W., included the following:
Structural analysis and
maintenance plan
Structural repairs
Handicap ramp and restroom
Total estimated cost
$15,000.00
60,000.00
20,000.00
$95,OO0.0O
The second grant application request was for $40,000.00 for Buena
Vista Recreation Center in Jackson Park, 1036 Penmar Avenue, S. E.,
and included the following:
Structural analysis and
maintenance plan
Heating system repair
or replacement
Floor repair and/or
replacement
Handicap restroom
Total estimated cost
$15,000.00
25,000.00
25,000.00
15,000.00
$80,000.00
It was explained that grants of $20,000.00, each, were approved
by the General Assembly with a 1:1 local match requirement; projects
outlined in the grant applications are needed for the responsible
maintenance of the structures as public accommodations; the City
must do all or most of the work regardless of receiving grant funds; a
50 per cent local match will be provided as in-kind labor and materials
by the Building Services Department, and Building Services has already
undertaken some portions of the work and has encumbered funds from
its operating budget for the remainder of the local match; no additional
allocations are needed to implement the grant; structural analyses can
be included in the next phase of the Building Condition Assessment
Program; and grant funds are reimbursable, therefore, the City must
expend the money and request reimbursement, rather than receiving a
cash grant before beginning the work.
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The City Manager recommended that Council accept $40,000.00
in grant funds and that she be authorized to execute the necessary
agreements with the Commonwealth of Virginia Department of Historic
Resources, in a form acceptable to the City Attorney; establish
accounts receivable in the Capital Projects Fund; appropriate
$40,000.00 in grant funds to two separate accounts ($20,000.00 each)
to be established by the Director of Finance in the Capital Projects
Fund; and transfer $40,000.00 from the General Fund, Account No. 001-
440-4330-3057 (Maintenance of Fixed Assets) to two separate project
accounts ($20,000.00 each) to be established by the Director of
Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#35026-082100) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 General and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 402.)
ACTION'
Mr. Hudson moved the adoption of Ordinance No. 35026-082100.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, Wyatt, Bestpitch, Carder,
Harris and Mayor Smith ................................................................... 6.
NAYS: None ......................................................................... 0.
(Council Member White was out of the Council Chamber.)
Mr. Hudson offered the following resolution:
(#35027-082100) A RESOLUTION accepting two grants from the
Virginia Department of Historic Resources for rehabilitation and
maintenance of historic properties.
(For full text of Resolution, see Resolution Book No. 63, page 404.)
ACTION:
Mr. Hudson moved the adoption of Resolution No. 35027-082100.
The motion was seconded by Mr. Harris and adopted by the following
vote:
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AYES: Council Members Hudson, Wyatt, Bestpitch, Carder,
Harris and Mayor Smith ................................................................... 6.
NAYS: None ......................................................................... 0.
(Council Member White was out of the Council Chamber.)
Council Member Bestpitch inquired if additional funds for
structural improvements for the Fishburn House and Buena Vista
Recreation Center are included in bond funds for park improvements;
whereupon, the Assistant City Manager for Community Development
advised that additional resources are budgeted in building maintenance
and operating accounts for this purpose, and he would provide Council
with additional information.
BUDGET-GRANTS-DISABILITY SERVICES BOARD: The City
Manager submitted a written report advising that the Fifth District
Disability Services Board (DSB) is responsible to local governments
and serves as a critical resource for needs assessment, information
sharing and service opportunities for citizens with disabilities, their
families and the community; the following jurisdictions in the Fifth
Planning District have enacted resolutions establishing their
participation in a regional effort and have appointed a local official to
serve: the Cities of Roanoke, Salem, Covington, Clifton Forge; the
Counties of Roanoke, Craig, Botetourt and Allegheny, and the Town of
Vinton; and other members of the Disability Services Board include
representatives from business and consumers.
It was further advised that Council authorized the Director of
Finance to serve as fiscal agent for the Fifth Planning District
Disabilities Services Board on September 25, 1995, pursuant to
Resolution No. 32675-092595; and funds in the amount of $5,000.00
have been awarded to the Virginia Association of the Blind, Inc., as the
Subgrantee, through the Fifth District DSB by the State Department of
Rehabilitative Services.
The City Manager recommended that Council appropriate
$5,000.00 to grant fund accounts to be established by the Director of
Finance and create a corresponding revenue estimate to provide
funding for the Fifth District DSB as follows: Fees for Professional
Services/.$2,000.00) and Expendable Equipment ($3,000.00).
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
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ACTION:
ACTION:
(#35028-082100) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 405.)
Mr. Harris moved the adoption of Ordinance No. 35028-082100.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Hudson, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith ............................................................................ 6.
NAYS: None ......................................................................... 0.
(Council Member White was out of the Council Chamber.)
CITY CLERK:
CITY CLERK-CITY EMPLOYEES: A report of the City Clerk
advising that on August 31, 2000, Sandra H. Eakin will retire as Deputy
City Clerk after more than 28 years of service in the City Clerk's Office;
Section 24 of the Roanoke City Charter provides for the concurrences
of Council in the appointment of a Deputy City Clerk; therefore, she
requested that Council concur in the appointment of
Stephanie M. Moon as Deputy City Clerk, effective September 1, 2000.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#35029-082100) A RESOLUTION confirming the appointment of
Stephanie M. Moon as the Deputy City Clerk, effective
September 1, 2000.
(For full text of Resolution, see Resolution Book No. 63, page 406.)
Mr. Hudson moved the adoption of Resolution No. 35029-082100.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, Harris and Mayor Smith ....................................................... 7.
NAYS: None ......................................................................... 0.
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ACTION:
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the unaudited year end financials for the
fiscal year 2000. He advised that the unaudited financial statements are
provided for planning purposes and the amounts may change during
the course of the City's annual external audit. He further advised that
the City's revenue estimate from all sources for 2000 was
$177,178,184.00, while actual collections totaled $181,337,826.00,
therefore, total General Fund revenues collected exceeded the estimate
by 2.35%. He stated that pursuant to Ordinance No. 26292 adopted by
Council on December 6, 1982, establishing a reserve of General Fund
balance for the Capital Maintenance and Equipment Replacement
Program, CMERP for the Schools is $1,508,691.00 and $4,708,412.00 for
the City. He added that in fiscal year 2000, City operations generated
an additional component of fund balance which is the undesignated
fund balance, in the amount of $603,742.00, and represents the amount
of fund balance remaining after the reserve for encumbrances,
insurance reserve and computed CMERP balance.
(For full text, see report on file in the City Clerk's Office.)
Council Member Hudson suggested that $100,000.00 be included
in the fiscal year 2001-02 CMERP to employ high school students to cut
weeds and mow grass on City property.
Following discussion, it was the consensus of Council that the
City Manager and the Director of Finance would be requested to study
the feasibility of establishing a "rainy day" or stabilization fund for the
City of Roanoke, which will also include a study of the Capital
Maintenance and Equipment Replacement Program and other financial
policies I~reviously adopted by Council, for discussion at Council's
Financial Planning Session in February/March 2001.
Without objection by Council, the Mayor advised that the report
would be received and filed.
REPORTS OF COMMITTEES: None
UNFINISHED BUSINESS:
BUDGET-DOWNTOWN ROANOKE, INCORPORATED-ECONOMIC
DEVELOPMENT-IMAX THEATRE: The City Manager submitted a written
report advising that Council, at its meeting on August 7, 2000, tabled a
report that would authorize $300,000.00 to the Art Museum of Western
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ACTION:
Virginia so that City staff could develop a written cooperation
agreement between the City and the Art Museum. She further advised
that the agreement will not be available until the September 5, 2000,
meeting of Council.
(For full text, see report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the report
would be received and filed.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ACTION:
HABITAT FOR HUMANITY-HOUSING/AUTHORITY: Ordinance No.
35012, on second reading, providing for the fee simple conveyance to
Jerry W. Jones Construction LLC, of City owned property consisting of
24 vacant building lots and one drainage lot in Westview Terrace,
containing approximately 6.5 acres, upon certain terms and conditions,
having previously been before the Council for its first reading on
Monday, August 7, 2000, read and adopted on its first reading and laid
over, was again before the body, Mr. Harris offering the following for its
second reading and final adoption:
(#35012-082100) AN ORDINANCE providing for the fee simple
conveyance to Jerry W. Jones Construction, LLC, of City owned
property consisting of twenty-four (24) vacant building lots and one (1)
drainage lot located in Westview Terrace, such lots being identified by
Official Tax Nos. 6370511, 6370512, 6370513, 6370514, 6370515,
6370516, 6370517, 6370518, 6370519, 6370520, 6370601, 6370602,
6370603, 6370604, 6370605, 6370606, 6370607, 6370608, 6370609,
6370710, 6370711,6370712, 6370203, 6370204 and 6370205, containing
approximately 6.5 acres, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 63, page 387.)
Mr. Harris moved the adoption of Ordinance No. 35012-082100.
The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Hudson, White, Wyatt, Carder, Harris
and Mayor Smith ............................................................................ 6.
NAYS: Council Member Bestpitch .......................................... 1.
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ACTION:
MOTIONS AND MISCELLANEOUS BUSINESS:
INC~UIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None
DIRECTOR OF FINANCE-CITY CLERK-CITY ATTORNEY-REAL
ESTATE VALUATION-MUNICIPAL AUDITOR: A report of the City Clerk
advising of expiration of the two year terms of office of
William M. Hackworth, City Attorney; James D. Grisso, Director of
Finance; Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor;
and Willard N. Claytor, Director of Real Estate Valuation, on
September 30, 2000, was before the Council.
Mr. Bestpitch moved that action on the report be tabled. The
motion was seconded by Mr. Carder and adopted.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
TRAFFIC-BONDS/BOND ISSUES-PARKS AND RECREATION-
STREETS AND ALLEYS: Mr. Hume Powers, 2441 Nottingham
Road, S. E., inquired as to when Wiley Drive will be reopened to
pedestria:~/vehicular traffic; whereupon, the City Manager advised that
a small portion of the $3.6 million appropriated for park improvements
will be used for certain improvements to Wiley Drive, however, she
could not provide a specific date as to when Wiley Drive will be
reopened to traffic.
The remarks were automatically referred to the City Manager.
COMPLAINTS-CIRCUIT COURT: Mr. Lewis Ferguson, 1534
Shamrock Street, N. W., expressed concern with regard to a $1,000.00
bond that he posted with the Circuit Court Clerk's Office in connection
with a civil matter, which has not been refunded, and requested
intervention by Council. He also expressed concern with regard to the
City donating public property to private citizens and/or businesses,
etc., for their personal use.
At 4:20 p.m., the Mayor declared the meeting in recess.
At 6:25 p.m., the meeting reconvened in the Council Chamber
with May~r Smith presiding, and all Members of the Council in
attendance, with the exception of Council Members White, Harris and
Hudson.
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ACTION:
ACTION:
COUNCIL: With respect to the Closed Meeting just concluded,
Ms. Wyatt moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Closed Meeting was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, and Mayor
Smith ........................................................................................... -4.
NAYS: None ......................................................................... 0.
(Council Members White, Harris and Hudson were absent.)
OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Mayor
advised that the term of office of Dorothy Bull as a member of the
Special Events Committee expired on June 30, 2000, and there is
another vacancy on the Special Events Committee for terms ending
June 30, 2001, whereupon, he called for nominations to fill the
vacancies. :
Ms. Wyatt placed in nomination the name' of Dorothy Bull and
Mr. Carder placed in nomination the name of Jay Stephens.
There being no further nominations, Ms. Bull was reappointed
and Mr. Stephens was appointed as members of the Special Events
Committee, for terms ending June 30, 2001, by the following vote:
FOR MS. BULL AND MR. STEPHENS: Council Members Wyatt,
Bestpitch, Carder and Mayor Smith ................................................. -4.
(Council Members white, Harris and Hudson were absent.)
OATHS OF OFFICE-COMMITTEES-FIFTH PLANNING DISTRICT
COMMISSION: The Mayor advised that there is a vacancy on the
Roanoke Valley-Allegheny Regional Commission created by the
resignation of David C. Anderson, and called for nominations to fill the
vacancy.
Mr. Carder placed in nomination the name of Donald M. Caldwell.
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ACTION:
ACTION:
There being no further nominations, Mr. Caldwell was appointed
as a member of the Roanoke Valley-Allegheny Regional Commission,
for a term ending June 30, 2003, by the following vote:
FOR MR. CALDWELL: Council Members Wyatt, Bestpitch, Carder
and Mayor Smith ........................................................................... -4.
(Council Members White, Harris and Hudson were absent.)
OATHS OF OFFICE-COMMITTEES-PENSIONS: The Mayor
advised that there is a vacancy on the Board of Trustees, City of
Roanoke Pension Plan, to fill the unexpired term of E. C. Wilson, Sr.,
deceased, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of D. Duane Dixon.
There being no further nominations, Mr. Dixon was appointed as
a member of the Board of Trustees, City of Roanoke Pension Plan, for
a term ending June 30, 2002, by the following vote:
FOR MR. DIXON: Council Members Wyatt, Bestpitch, Carder and
MayorSmith .................................................................................. -4.
(Council Members White, Harris and Hudson were absent.)
At 6:30 p.m., the Mayor declared the meeting in recess until 7:00
p.m.
On Monday, August 21, 2000, at 7:00 p.m., the Roanoke City
Council reconvened in regular session in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Smith presiding.
PRESENT: Council Members W. Alvin Hudson, Jr.,
William White, Sr., Linda F. Wyatt, William D. Bestpitch,
William H. Carder and Mayor Ralph ....................... ~ .......................... 6.
ABSENT: Council Member C. Nelson Harris ............................. 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth,
City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
96
City Clerk.
The reconvened meeting was opened with a prayer by Council
Member Wyatt.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Smith.
PUBLIC HEARINGS:
CITY PROPERTY-JEFFERSON CENTER-LEASES: Pursuant to
instructions by Council, the City Clerk having advertised a public
hearing and a request for proposals, for Monday, August 21, 2000, at
7:00 p.m., or as soon thereafter as the matter may be heard, with regard
to receipt of bids and lease extension on property known as the
Jefferson Center, and adjacent grounds, lying at 540 Campbell Avenue,
S. W., including the adjacent parking lot on Luck Avenue; and on a
proposal of the City of Roanoke to extend the term of the existing lease
between the City of Roanoke and the Jefferson Center Foundation, Ltd.,
dated November 1, 1991, to provide for a new term of June 1, 2001, to
May 31, 2041, on the above described property, the matter was before
the body.
Legal advertisement of the public hearing and request for
proposals was published in The Roanoke Times on Sunday,
July 16, 2000; Sunday, July 23, 2000; Sunday, July 30, 2000, and
Sunday, August 6, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
The Mayor advised that pursuant to legal advertisement, bids
were to be received in the City Clerk's Office until 12:00 noon on
Monday, August 21, 2000, and to be held by the City Clerk, unopened,
until the 7:00 p.m., meeting of Council; whereupon, the Mayor inquired
if anyone had any questions with regard to the opening of the bids.
There being none, the City Clerk opened and read the one bid received
by the City from the Jefferson Center Foundation, Ltd.
The Mayor further advised that a second component is a public
hearing on a proposal of the City of Roanoke to extend the term of the
existing lease between the City of Roanoke and the Jefferson Center
Foundation, Ltd., dated November 1, 1991, to provide for a new term of
June 1, 2001, to May 31, 2041, all other terms of the existing lease to
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ACTION:
remain unchanged, for property currently known as the Jefferson
Center and adjacent grounds, lying at 540 Campbell Avenue, S. W.,
including the adjacent parking lot on Luck Avenue, S. W., the matter
was also before the body.
The Mayor inquired if there were persons present who would like
to be heard in connection with the matter; whereupon, no citizen asked
to speak.
The Mayor inquired if any Member of Council had questions or
comments.
There being none, without objection by Council, the Mayor
advised that the public hearing would be closed.
Also without objection by Council, the Mayor advised that the bid
of the Jefferson Center Foundation, Ltd., would be referred to the City
Manager for study, report and recommendation to Council.
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, August 21, 2000, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Rocky Ridge
Properties LLC, and Loyd and Kathy L. Shifter to repeal Ordinance No.
30840-012092 and Ordinance No. 33852-060198; and to rezone that
certain tract of land containing a total of 9.5 acres, more or less, lying
on the east side of Peters Creek Road, N. W., Official Tax Nos. 6370306,
6380101, 6380102 and 6380104, from RS-3, Residential Single Family
District, to C-2, General Commercial District, subject to certain
conditions proffered by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Thursday, August 2, 2000, and Thursday,
August 10, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that
Council approve the request, subject to certain proffered conditions,
was before the body.
(For full t~xt, see report on file in the City Clerk's Office.)
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ACTION:
Edward A. Natt, Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
Mr. White moved that the following ordinance be placed upon its
first reading:
(#35030) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of
the City of Roanoke (1979), as amended, and Sheet Nos. 637 and 638,
Sectional 1976 Zone Map, City of Roanoke, in order to repeal certain
conditions presently binding upon certain property previously
conditionally zoned C-2, General Commercial District, and to rezone
certain property within the City, subject to certain conditions proffered
by the applicant.
(For full text of Ordinance, see Ordinance Book No. 63, page 424.)
The motion was seconded by Ms. Wyatt.
The Mayor inquired if there were persons present who would like
to be heard; whereupon, Ms. Betty Gibson appeared before Council on
behalf of her parents who own property in the immediate area under
consideration for rezoning. She advised that her parents did not
receive notification of the City Planning Commission public hearing,
they are not opposed to the rezoning, but they have questions
regarding an appropriate buffer, traffic congestion, and noise.
Mr. Natt responded that the site plan illustrates that all access
will be directly off of Peters Creek Road, there is significant buffering
and buildings will be farther removed from the Gibson property than the
proposed Rocky Ridge project.
No other persons wishing to be heard, Ordinance No. 35030, on
first reading, was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................. 6.
NAYS: None ......................................................................... 0.
(Council Member Harris was absent.)
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10'0
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, August 21, 2000, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, on the request of
Carilion Medical Center, to repeal Ordinance No. 34490-100499 adopted
on October 4, 1999; and an application to permanently vacate,
discontinue and close that portion of a certain 0.23 acre, more or less,
portion of Highland Avenue, S. E., beginning at the northwesterly
corner of Lot 8, Block 10, running in an easterly direction to a
previously closed portion of Highland Avenue, S. E., the matter was
before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Thursday, August 3, 2000, and Thursday,
August 10, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that
Council approve the application to close and permanently vacate the
above described section of public alley, subject to certain conditions
as more fully described in the report, was before Council.
(For full text, see report on file in the City Clerk's Office.)
John Christodoulides, Attorney, appeared before Council in
support of the request of his client.
Mr. Bestpitch moved that the following ordinance be placed
upon its first reading'
(#34031) AN ORDINANCE permanently vacating, discontinuing
and closing certain public right-of-way in the City of Roanoke, Virginia,
as more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 63, page 426.)
The motion was seconded by Mr. Hudson.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request. There being none,
Ordinance No. 35031 was adopted, on its first reading, by the following
vote:
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ACTION:
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AYES: Council Members Hudson, Wyatt, Bestpitch, Carder,
and Mayor Smith ............................................................................ 5.
NAYS: None ......................................................................... 0.
(Council Member Harris was absent.) (Council Member White abstained
from voting.)
STREETS AND ALLEYS: Pursuant to Resolution No. 25523
adopted by the Council on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Monday, August 21, 2000, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, on the request of
Kinsey, Kinsey & Brown, LLC, that a certain alley extending in an
easterly direction for a distance of 440 feet from 25th Street to an alley
running from Shenandoah Avenue to 24th Street, be permanently
vacated, discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Thursday, August 3, 2000, and Thursday,
August 10, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that
Council approve the request, subject to certain conditions as more fully
set forth in the report, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Roy Creasy, Attorney, representing the petitioner, appeared
before Council in support of the request of his client.
Mr. Hudson moved that the following ordinance be placed upon
its first reading: ~
(#35032) AN ORDINANCE permanently vacating, discontinuing
and closing certain public right-of-way in the City of Roanoke, Virginia,
as more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 63, page 428.)
The motion was seconded by Mr. Bestpitch.
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The Mayor inquired if there were persons present who would like
to address Council with regard to the request. There being none,
Ordinance No. 35032 was adopted, on its first reading, by the following
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................. 6.
NAYS: None ......................................................................... 0.
(Council Member Harris was absent.)
HOUSING/AUTHORITY-CONSULTANTS REPORTS: Pursuant to
Resolution No. 25523 adopted by the Council on Monday, April 6, 1981,
the City Clerk having advertised a public hearing for Monday,
August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the request of the City of Roanoke for a determination that
proposed physical improvements in the Lincoln 2000 Project are
substantially consistent with the City's adopted Comprehensive Plan,
the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Thursday, August 3, 2000, and Thursday,
August 10, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
Roanoke Redevelopment and Housing Authority has requested that the
City Planning Commission recommend to Council whether the physical
improvements (i.e. streets, parks, etc.) proposed in the Lincoln 2000
Project are consistent with Roanoke Vision, the City's adopted
Comprehensive Plan, was before the body.
The Planning Commission recommended that Council find that
the proposed physical improvements are consistent with Roanoke
Vision, the City's adopted Comprehensive Plan.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder offered the following resolution°
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(#35033-082100) A RESOLUTION approving the proposed
physical improvements contained in the Lincoln 2000 Project as being
consistent with Roanoke Vision, the City's adopted Comprehensive
Plan.
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ACTION:
(For full text of Resolution, see Resolution Book No. 63, page 406.)
Mr. Carder moved the adoption of Resolution No. 35033-082100.
The motion was seconded by Mr. Hudson.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Resolution No. 35033-082100 was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................. 6.
NAYS: None ......................................................................... 0.
(Council Member Harris was absent.)
BONDS/BOND ISSUES-BUDGET-HIGHER EDUCATION CENTER-
DOWNTOWN NORTH-GREATER GAINSBORO PARKING GARAGE:
Pursuant to Resolution No. 25523 adopted by the Council on Monday,
April 6, 1981, the City Clerk having advertised a public hearing for
Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the request of the City of Roanoke with regard
to proposed adoption of a resolution authorizing the City to contract a
debt and issue general obligation public improvement bonds of the
City, in the principal amount of $2,500,000.00, for the purpose of
providing funds to pay the costs of a public improvement project of and
for the City, consisting of a parking garage and related facilities, the
matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Tuesday, August 8, 2000, and Tuesday,
August 15, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Carder offered the following resolution'
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ACTION:
(#35034-082100) A RESOLUTION authorizing the issuance and
sale of two million five hundred thousand dollars ($2,500,000.00)
principal amount of City of Roanoke, Virginia, general obligation public
improvement bonds; fixing the form, denomination and certain other
details of such bonds; authorizing the preparation of a preliminary
official statement and an official statement and the distribution thereof
and the execution of a certificate relating to such official statement;
authorizing the execution and delivery of a continuing disclosure
certificate relating to such bonds; otherwise providing with respect to
the issuance, sale and delivery of such bonds; and authorizing and
providing for the issuance and sale of a like principal amount of general
obligation public improvement bond anticipation notes in anticipation
of the issuance and sale of such bonds
(For full text of Resolution, see Resolution Book No. 63, page 407.)
Mr. Carder moved the adoption of Resolution No. 35034-082100.
The motion was seconded by Mr. Bestpitch.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Resolution No. 35034-082100 was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member Harris was absent.)
A report of the Bid Committee recommending that Council
authorize the City Manager to execute a contract with J. M. Turner &
Co., Inc., for construction of the 321 space Greater Gainsboro Parking
Garage, which will provide part of the parking solution for the new
Higher Education Center, the Shenandoah Crossing Apartments and
the propcsed Crewe Suites Building, in the amount of $4,528,960.00,
which includes both Bid Items 1 and 2, with 360 consecutive calendar
days for completion of the work, with a project contingency of
$450,000.00, was before Council.
It was advised that funding in the amount of $4,978,960.00 is to
be provided by General Obligation Bonds, in the amount of
$2,500,000.00, to be issued in future years, and $2,478,960.00 from
undesignated capital fund interest earnings, with all funds to be
appropriated in Account No. 008-052-9573, "Greater Gainsboro Parking
Garage."
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ACTION:
ACTION-
105
The Bid Committee further recommended that Council adopt a
resolution indicating the City's intent to reimburse itself from the
issuance of General Obligation Bond proceeds; and reject all other bids
received by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#35035-082100) AN ORDINANCE to amend and reordain certain
sections of the 2000-2001 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 420.)
Mr. Hudson moved the adoption of Ordinance No. 35035-082100.
The motion was seconded by Mr. Bestpitch and adopted by the
following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................. 6.
NAYS: None ......................................................................... 0.
(Council Member Harris was absent.)
Mr. Hudson offered the following emergency ordinance:
(#35036-082100) AN ORDINANCE accepting the bid of
J. M. Turner & Co., Inc., for construction of the Greater Gainsboro
Parking Garage, upon certain terms and conditions and awarding a
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 421.)
Mr. Hudson moved the adoption of Ordinance No. 35036-082100.
The motion was seconded by Mr. Bestpitch and adopted by the
following vote:
AYES' Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................. 6.
NAYS' None ......................................................................... 0.
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ACTION:
(Council Member Harris was absent.)
Mr. Hudson offered the following resolution:
(#35037-082100) A RESOLUTION declaring the City's intent to
reimburse itself from the proceeds of its general obligation public
improvement bonds authorized to be issued pursuant to Resolution No.
35034-082100, adopted August 21,2000, for certain expenditures to be
made for construction of the Greater Gainsboro Parking Garage; and
providing for an effective date.
(For full text of Resolution, see Resolution Book No. 63, page 422.)
Mr. Hudson moved the adoption of Resolution No. 35037-082100.
The motion was seconded by Mr. Bestpitch and adopted by the
following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................. 6.
NAYS: None ......................................................................... 0.
(Council Member Harris was absent.)
HOUSING/AUTHORITY-STREETS AND ALLEYS: Pursuant to
Resolution No. 25523 adopted by the Council on Monday, April 6, 1981,
the City Clerk having advertised a public hearing for Monday,'
August 2~, 2000, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the request of the City of Roanoke that all of that certain
12 foot alley extending approximately 180 feet along the entire northern
property line of a parcel of land identified as Official Tax No. 2013605,
to the easternmost right-of-way boundary of First Street, N. W., be
permanently vacated, discontinued and closed, the matter was before
the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Thursday, August 3, 2000, and Thursday,
August 10, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
application was submitted for the purpose of initiating development
activities within the Greater Gainsboro Redevelopment area; land
within the vacated alley right-of-way and certain other adjacent
properties will be redeveloped to provide an appropriate site for
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construction of a new parking garage, and a new pedestrian plaza will
be located on the westerly side of the parking garage, was before
Council.
The Planning Commission recommended that Council approve
the request, subject to certain conditions as more fully set forth in the
report.
(For full text, see report on file in the City Clerk's Office.)
ACTION' Mr. Hudson moved that the following ordinance be placed upon
its first reading:
(#35038) AN ORDINANCE permanently vacating, discontinuing
and closing certain public right-of-way in the City of Roanoke, Virginia,
as more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 63, page 431.)
The motion was seconded by Mr. Bestpitch.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request. There being none,
Ordinance No. 35038 was adopted, on its first reading, by the following
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................... ~- ............................ 6.
NAYS: None ......................................................................... 0.
(Council Member Harris was absent.)
SEWERS AND STORM DRAINS-EASEMENTS-CITY PROPERTY-
SCHOOLS-WATER RESOURCES: Pursuant to instructions of Council,
the City Clerk having advertised a public hearing for Monday,
August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the request of the City of Roanoke to grant a variable
width easement for installation of overhead and underground electric
power service across City-owned property located on the Garden City
Elementary School site, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Sunday, August 13, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
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ACTION:
A report of the Water Resources Committee advising that
Appalachian Power Company (APCO), d/b/a American Electric Power,
has requested a variable width (ten to twenty-feet) easement for
installation of overhead and underground facilities on the Garden City
Elementary School site to provide upgraded electric service to the
school, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Ms. Wyatt moved that the following ordinance be placed upon its
first reading:
(#35039) AN ORDINANCE authorizing the granting of a variable
width easement for installation of overhead and underground electric
power service across City-owned property located on the Garden City
Elementary School site, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 63, page 433.)
The motion was seconded by Mr. White.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 35039 was adopted, on its first reading, by the following
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................. 6.
NAYS: None ......................................................................... 0.
(Council Member Harris was absent.)
DOWNTOWN NORTH-HENRY STREET REVIVAL COMMITTEE-
STREETS AND ALLEYS: Pursuant to instructions by Council, the City
Clerk having advertised a public hearing for Monday, August 21, 2000,
at 7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of the City of Roanoke for a determination that proposed street
and alley closures in the Greater Gainsboro Redevelopment areas, as
well as public infrastructure improvements illustrated in the Henry
Street Master Plan, are substantially in accord with the City's adopted
Comprehensive Plan, the matter was before the body.
Legal advertisement of the
The Roanoke Times on Friday,
September 8, 2000.
public hearing was published in
September 1, 2000, and Friday,
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109
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that a motion
finding that the proposed public improvements and new public facilities
are consistent with the City's adopted Comprehensive Plan did not
pass since two members abstained from voting, one member voted no,
and one member was absent; and no other motion was made, was
before Council.
The City Manager submitted a written report advising that on
July 20, 2000, the City Planning Commission reviewed the
Comprehensive Plan for public improvements to the Greater Gainsboro
Redevelopment Area for consistency with the City's adopted
Comprehensive Plan; unfortunately, the information that was presented
to the Planning Commission was not as specific as it should have been
and there were questions by members; therefore, because of the
confusion, the Commission's motion to find the proposed public
improvements and facilities substantially in accordance with the
Comprehensive Plan was defeated by a vote of 3-1-2 because a majority
of the Planning Commission members present did not vote in favor of
the motion.
In an effort to move the matter forward, the City Manager
presented additional information regarding the proposed public
improvements and facilities which are more clearly depicted on a map
attached to the report. She advised that ideally, an affirmative vote
from the Planning Commission is desirable, but given the existing time
frames established for the various development projects in the area
(Higher Education Center and Parking Garage), it is critical that Council
take action on the matter as soon as possible.
It was explained that the City Planning Commission report
advises that the public facilities are not identified or included in the
Comprehensive Plan; therefore, a finding that the proposed public
improvements and facilities are substantially in accordance with the
Comprehensive Plan is needed; and specifically, the Comprehensive
Plan recommends the following:
The commercial, industrial and residential growth and
development should be encouraged through public and
private actions to ensure a strong and diversified
economic base and employment opportunities for all of
Roanoke's citizens.
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110
ACTION:
Roanoke's downtown should continue to evolve as the
region's "central business district" for office, financial,
supporting retail, cultural, entertainment and
governmental services.
Development of new commercial areas in the City should
be carefully planned and designed to promote quality
development and good land use.
Development of housing in downtown should be
encouraged with both public and private initiatives and
new housing should be encouraged to respond to current
needs and trends.
The City Manager advised that the proposed public
improvements and facilities support the recommendations of the
Comprehensive Plan; therefore, to meet the critical time frames for
important projects in the Greater Gainsboro area, it is requested that
Council find that the proposed public improvements and facilities
identified on the above referenced map are substantially in accordance
with the City's Comprehensive Plan, Roanoke Vision.
(For full text, see report on file in the City Clerk's Office.)
Mr. White advised that the City Planning Commission is the entity
that Council looks to for recommendations regarding the City's
compliance with the Comprehensive Plan, and, in view of the fact that
Council has received further revision/clarification at the last minute, he
would be hesitant to vote in favor of the request at this time; therefore,
he moved that the matter be referred back to the City Planning
Commission -for further study and clarification. The motion was
seconded by Mr. Hudson.
Ms. Wyatt called attention to the parking needs of the Roanoke
Higher Education Center and inquired about the impact of delaying
action on the matter; whereupon, the City Manager advised that
construction of the parking garage which was recently approved by
Council cannot proceed until consistency with the Comprehensive Plan
is determined by Council; therefore, delaying action on the request
would have an impact not only on the parking garage but on
construction and notice to proceed on certain other public
improvements located in and around the Roanoke Higher Education
Center.
110
ACTION:
ACTION:
111
The City Attorney explained that the Code of Virginia, 1950, as
amended, provides that unless and until a public facility or structure is
shown generally on the Iocality's Comprehensive Plan and construction
is generally in conformance with the Comprehensive Plan, the locality
may not proceed with the public project.
The motion to refer the matter back to the City Planning
Commission for further study and clarification was adopted, Council
Member Wyatt voted no.
STREETS AND ALLEYS: Pursuantto instructions by Council, the
City Clerk having advertised a public hearing for Monday,
August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the question of altering and closing, by barricade, that
portion of First Street, N. W., as the same extends between Shenandoah
Avenue and Centre Avenue, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Thursday, August 3, 2000, and Thursday,
August 10, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the request is to alter, by barricade, a section of First
Street, N. W., for vehicular traffic, and to redesign and convert the street
for the exclusive use of pedestrians; specifically, the First Street
Bridge, spanning the Norfolk Southern Railway lines and Shenandoah
Avenue, N. W., will be redesigned and converted to a pedestrian bridge;
the land within the altered section of First Street will be redeveloped
and designed as a pedestrian plaza; a parking garage will be located on
the easterly side of the street right-of-way currently being requested for
closure and alteration; and construction of this phase of the project is
scheduled to begin in September, 2000, was before Council.
The Planning Commission recommended that Council approve
the request.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder moved that the following ordinance be placed upon
its first reading:
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112
(#35040) AN ORDINANCE authorizing the alteration and closing
by barricade of certain public right-of-way in the City of Roanoke,
Virginia, as are more particularly described hereinafter.
(For.full text of Ordinance, see Ordinance Book No. 63, page 434.)
The motion was seconded by Mr. Hudson.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 35040 was adopted, on its first reading, by the following
vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................. 6.
NAYS: None ......................................................................... 0.
(Council Member Harris was absent.)
CITY PROPERTY-CHURCH AVENUE PARKING GARAGE-
HOSPITALS-VIRGINIA TECH-WATER RESOURCES: Pursuant to
instructions by Council, the City Clerk having advertised a public
hearing for Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter
as the matter may be heard, on the request of the City of Roanoke to
lease 6,800 square feet of office space located at 111-117 Church
Avenue, S. W., to Carilion Biomedical Institute for an initial one year
term, with an option to renew for four one-year terms, the matter was
before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Sunday, August 13, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the Water Resources Committee advising that
relocation of the current tenants of the Roanoke Graduate Center area
in the Church Avenue Parking Garage to the Roanoke Higher Education
Center in the Greater Gainsboro Development area is scheduled to be
completed by September 1,2000, which will vacate approximately 6,800
square feet of office/classroom space at 111-117 Church Avenue, S. W.;
the space will be made available to Carilion Biomedical Institute when
vacated by the current tenants under essentially the same terms and
112
ACTION'
113
conditions as the current lease with VPI (year-to-year basis, not to
exceed five years, with a 90-day cancellation provision at the rate of
$1.00 per year); and the lease will also provide for 30 parking permits,
was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency ordinance:
(#35041-082100) AN ORDINANCE authorizing the City Manager
to enter into an agreement with Carilion Biomedical Institute for the
lease of office space at 111-117 Church Avenue Parking Garage, upon
certain terms and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 423.)
Mr. Hudson moved the adoption of Ordinance No. 35041-082100.
The motion was seconded by Mr. Bestpitch.
The Mayor inquired if there were persons present who would like
to address Council in connection with the matter. There being none,
Ordinance No. 35041-082100 was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
Carder, and Mayor Smith ................................................................. 6.
NAYS: None ......................................................................... 0.
(Council Member Harris was absent.)
OTHER HEARINGS OF CITIZENS UPON PUBLIC MATTERS:
PURCHASE/SALE OF PROPERTY-COMPLAINTS-HOUSING/
AUTHORITY-COMMUNITY PLANNING: Mr. James Armstrong, 619
Highland Avenue, S. W., expressed concern with regard to the sale of
approximately 6.5 acres of land by the City in the Westview Terrace
area. He inquired as to the responsible party for coordinating housing
activities in the City of Roanoke, particularly when such activities
involve public funds. He encouraged Council to instruct the City's
Department of Housing and Community Development and the Roanoke
Redevelopment and Housing Authority to develop recommendations
regarding housing policy for the City of Roanoke.
The remarks were automatically referred to the City Manager.
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114
COMPLAINTS-HOUSING/AUTHORITY: Mr. Robert Gravely, 1412
Moorman Road, N. W., expressed concern with regard to the lack of
affordable housing in the City of Roanoke for Iow-income citizens.
The remarks were automatically referred to the City Manager.
TRAFFIC-ROANOKE NEIGHBORHOOD PARTNERSHIP:
Mr. Chris Craft, 1501 East Gate Avenue, N. E., expressed appreciation
for the City's prompt response to his request for a traffic signal in the
Hollins Road area.
He extended an invitation to the Members of Council to
participata in a walking tour of the East Gate neighborhood.
The remarks were automatically referred to the City Manager.
There being no further business, at 8:15 p.m., the Mayor declared the meeting
in recess until Monday, August 28, 2000, at 5:00 p.m., at which time Council will
participate in a bus tour of the Peters Creek Road neighborhood.
The meeting of Roanoke City Council reconvened on Monday,
August 28, 2000, at 5:00 p.m., in the parking lot adjacent to the Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, at which time the
Members of Council boarded a bus for a tour of the Peters Creek North
neighborhood, with Mayor Ralph K. Smith presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., William White, Sr. (joined
the tour at Westside Elementary School), Linda F. Wyatt, William D. Bestpitch,
C. Nelson Harris and Mayor Ralph K. Smith .......................................................... 6.
ABSENT: Vice-MayorWilliam H. Carder ..................................................... 1.
OTHERS PRESENT: Darlene L. Burcham, City Manager; Mary F. Parker, City
Clerk; Robert H. Bird, Municipal Auditor; Kit B. Kiser, Assistant City Manager for
Operations; George C. Snead, Jr., Assistant City Manager for Community
Development; Robert K. Bengtson, Director of Public Works; Evelyn S. Lander,
Director of Planning and Code Enforcement; Dolores Daniels, Community Relations
Coordinator; Mariam Stacy, Roanoke Neighborhood Partnership Coordinator;
James W. Settle, Neighborhood Planner; Christopher L. Chittum, City Planner II;
Elizabeth A. Neu, Director of Economic Development; Christopher~L. Slone, Public
Information Officer; A. L. Gaskins, Chief of Police; and Philip C. Schirmer, City
Engineer.
The bus departed from the Municipal Building at 5:15 p.m., en route to
Westside Elementary School where members of Council were met by neighborhood
representatives.
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115
Members of Council then toured the Peters Creek North area which is
summarized as follows:
Peters Creek North is a middle-class, single-family community located in
northwest Roanoke, and includes the areas commonly known as Washington
Heights, Westview Terrace, Fairhope, Miller Court, Dansbury Acres, and
Peachtree/Norwood. It provides for quiet suburban living with easy access to
downtown, Valley View and countless other services. Its boundaries are
Hershberger Road and Roanoke Country Club on the east, Melrose Avenue on the
south, 1-581 on the north, and the City of Salem on the west. Peters Creek North has
a population of 6,592, with a diversity of population that should be a model for all of
Roanoke's neighborhoods.
The predominant housing style in Peters Creek North is the small suburban-
style ranch home common in the 1950's and 1960's. The oldest area is the
Washington Heights section of the neighborhood, which has small homes that were
developed in a grid pattern. The other parts of the neighborhood typically have brick
ranch homes or suburban split-levels.
Peters Creek North faces many of the issues common to areas that were
annexed by the City. The area has very few sidewalks, curbs, or gutters. Storm
drainage and flooding are problems, especially along Peters Creek. Improvements
are needed to alleviate traffic, specifically on Hershberger Road. Additionally, the
neighborhood has no City parks. The tour highlighted areas without sanitary sewers
and evaluation of development options for vacant land, including the Westview
Terrace property.
Citizens in the Peters Creek North area have been actively working with the
City Planning Department in preparation of the neighborhood plan. Three planning
meetings were conducted in the area and were well attended, and leaders from the
main neighborhoods have been working closely with the City.
(See tour map of Peters Creek North area on file in the City Clerk's Office.)
The bus returned to the Noel C. Taylor Municipal Building at 7:00 p.m.., at
which time the Mayor declared the regular meeting of Roanoke City Council for
Monday, August 21, 2000, and recessed until Monday, August 28, 2000, adjourned.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
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REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
September 5, 2000
12:15 p.m.
The Council of the City of Roanoke met in regular session on Tuesday,
September 5, 2000, at 12:15 p.m., the regular meeting hour, in the Emergency
Operations Center Conference Room, first floor, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith
presiding, pursuant to Chapter II, Administration, Article II, City Council, Section
2-15, Rules of Procedure, Rule I, Regular Meetings, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
Linda F. Wyatt and Mayor Ralph K. Smith ............................................................ -4.
ABSENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., and
William White, Sr.- ............................................................................................. 3.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Deputy City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
At 12:17 p.m., the Mayor declared the meeting in recess until 3:00 p.m.
(The Members of Council and City Staff attended the funeral service of
Ms. Marilyn Curtis, long time leader, advocate and friend of the Roanoke City
Schools.)
At 3:00 p.m., on Tuesday, September 5, 2000, the regular meeting of City
Council reconvened in the Breckinridge Middle School Cafeteria, 3901 Williamson
Road, N. W., City of Roanoke, Virginia, with the following Council Members in
attendance, Mayor Smith presiding.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt and Mayor
Ralph K. Smith .................................................................................................. 7.
ABSENT: None ............................................................................... -0.
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OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Deputy City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Council Member Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS:
DECEASED PERSONS-SCHOOLS: Mr. White offered the following resolution
memorializing the late Marilyn Curtis, long time leader, advocate and friend of the
Roanoke City Schools:
(#35042-090500) A RESOLUTION memorializing the late Marilyn Curtis, a long
time business leader and advocate and friend of Roanoke City Schools.
(For full text of Resolution, see Resolution Book No. 63, page 437.)
Mr. White moved the adoption of Resolution No. 35042-090500. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................... -0.
SHERIFF - CITY JAIL: On behalf of the Members of Council the Mayor
recognized and congratulated the Honorable George M. McMillan, Sheriff, on the re-
accreditation of the Roanoke City Jail by the American Correctional Association
Board of Governor's at its meeting on Sunday, August 13, 2000. He advised that the
accreditation was based on an earlier on-site visit by three auditors from the
American Correctional Association and is attained as the result of a thorough
inspection of all aspects of jail operations, and includes a total of 439 standards of
compliance.
ACTS OF ACKNOWLEDGMENT-REFUSE COLLECTION-CITY EMPLOYEES:
The Mayor recognized the actions of Barrett C. Smith and Kenneth W. Harvey,
employees of the City's Department of Solid Waste Management, who were driving
across the 10th Street Bridge in a City vehicle on Friday, August 4, 2000, when they
noticed a man standing on the outside of the bridge preparing to jump to his death.
He advised that Mr. Smith and Mr. Harvey immediately called the Solid Waste
Management Office by radio and asked that they contact the police, they talked with
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the man in an attempt to prevent him from committing suicide; and they kept the
man from jumping until the police arrived on the scene and successfully prevented
the tragedy from occurring.
On behalf of the citizens of the City of Roanoke and the Members of City
Council, the Mayor congratulated Messrs. Smith and Harvey for their act of kindness
on behalf of their fellow man.
Mr. Harris offered the following resolution:
(#35043-090500) A RESOLUTION paying tribute to the heroic actions taken by
Barrett L. Smith and Kenneth W. Harvey, employees of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 63, page 438.)
Mr. Harris moved the adoption of Resolution No. 35043-090500. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None .................................................................................... -0.
In recognition of the act of kindness of Messrs. Smith and Harvey, the Mayor
presented each with a ceremonial copy of the above referenced resolution and a
gold star which is symbolic of the star on Mill Mountain.
PROCLAMATIONS: The Mayor presented a proclamation declaring Thursday,
September 21, 2000, as Roanoke City "Light the Night" Day.
(For full text, see Proclamation on file in City Clerk's Office.)
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He called specific attention to one request for a Closed Meeting to
discuss acquisition or disposition of real property for a public purpose, where
discussion in open meeting would adversely affect the bargaining position or
negotiating strategy of the City.
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PURCHASE/SALE OF PROPERTY-CITY PROPERTY-COUNCIL: A report of the
City Manager requesting that Council convene in a Closed Meeting to discuss the
acquisition or disposition of real property for public purpose, where discussion in
open meeting would adversely affect the bargaining position or negotiating strategy
of the City, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended,
was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss acquisition or disposition of real property
for public purpose, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the City, pursuant to Section 2.1-344
(A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder
and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................... -0.
APPALACHIAN POWER COMPANY-TAXES-UTILITIES-ROANOKE GAS
COMPANY: A joint report of the City Manager and the Director of Finance advising
that the Virginia General Assembly passed legislation deregulating the electric and
gas industries in the State; accordingly, localities in Virginia, including the City of
Roanoke, are required to amend their consumer utility tax and utility license tax
ordinances before October 31, 2000; with deregulation, consumers will have the
option of purchasing their electric or gas service from a choice of different
companies; generators or suppliers of energy may be located outside of Virginia;
Federal law prohibits local governments from requiring out-of-state companies to
collect the tax from residents and businesses in its present form; and for this
reason, the tax basis must be changed from a percentage of the dollar amount paid
by the consumer to a tax based on the amount of energy consumed, was before
Council.
It was further advised that studies have estimated that if the industry were
deregulated without modifying State and local tax structures, total revenue lost
would be $200 million and one half or $100 million would be local revenue loss; the
only way to ensure that local governments do not lose substantial revenue in a
deregulated environment is to change the basis of the tax to consumption, i.e.
kilowatt hours for electricity or 100 cubic feet for gas; it is important to note that
while the method for calculating the consumer utility tax will change, the amount of
consumer utility tax that a consumer pays each month on their electric or gas bill
should remain virtually the same; the City of Roanoke currently collects a Utility
120 -
License Tax at the rate of $.40 per $100 of gross receipts, which rate has been in
effect since 1980; the maximum tax allowed by State law is one half of one per cent
or $.50 of $100; the maximum tax amount will be collected State-wide from all
consumers on January 1,2001; and if the City of Roanoke does not raise its tax rate
to the State's maximum tax rate, the State will collect and retain the difference
between the City's current rate and the maximum rate in the State's general fund.
It was explained that the increase of the utility license tax from $.40 per $100
of gross receipts to one half of one per cent ($.50 per $100) will result in a nominal
amount of revenue; however, if this change is not made, all citizens will be paying
the tax at the higher rate and the State's general fund will retain the difference
between the City's rate and the State's allowable maximum rate; if changes to the
consumer utility tax and the utility license tax are not made, the City of Roanoke
could lose $8 million annually because present authority to levy this tax lapses on
December 31, 2000; historically, the City of Roanoke has achieved tax revenue
growth due to utility company rate increases; with the new tax structure being based
on consumption units, tax growth will not occur from utility rate increases; and State
Code prohibits any local tax rate adjustments until after January 1, 2004.
It was noted that any locality that has not changed its local consumer utility
tax ordinance by October 31, 2000, risks losing consumer utility tax revenue
because the present authority to levy the tax lapses on December 31, 2000; 60 days
notice is required to be given to electric and gas companies; if the City of Roanoke
does not increase its utility license tax to the maximum rate before December 31,
2000, a portion of the new, State-wide consumption tax paid by the City's residents
and businesses that is supposed to be returned to the City of Roanoke will instead
be paid to and retained by the State; and State Code requires that a public hearing
be held prior to final amendment to the consumer utility tax and utility license tax
ordinances, even though technically the consumer utility tax rate change is not a
rate increase.
The City Manager and the Director of Finance recommended that Council
authorize advertisement of a public hearing to be held on September 18, 2000, to
amend the electric and gas consumer utility tax, in accordance with recently passed
deregulation legislation and the utility license tax to provide for the State's allowable
maximum rate.
(For full text, see report on file in the City Clerk's Office.)
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Mr. Harris moved that Council concur in the recommendation to hold a public
hearing on Monday, September 18, 2000, at 7:00 p.m., or as soon thereafter as the
matter may be heard in the William Ruffner Middle School Cafeteria, 3601 Ferncliff
Avenue, N. W., City of Roanoke, Virginia to amend the electric and gas consumer
utility tax. The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... -0.
COMMITTEES-LIBRARIES-CULTURAL SERVICES COMMITTEE: A
communication from Beverly James tendering her resignation as a member of the
Cultural Services Committee, effective immediately, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that the communication be received and filed, and that the
resignation be accepted. The motion was seconded by Mr. Carder and adopted by
the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... -0.
COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication
from Allen L. Clark tendering his resignation as a member of the Roanoke
Neighborhood Partnership Steering Committee, effective immediately, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that the communication be received and filed, and that the
resignation be accepted. The motion was seconded by Mr. Carder and adopted by
the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -7.
NAYS: None .......................................................................................... 0.
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COUNCIL-AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee
of Roanoke City Council which was held on Monday, August 7, 2000, were before the
body.
The Audit Committee considered the following items:
Election of a Chairman
Roanoke City Audit Committee Annual Report - June 30, 2000
Annual Report of the Municipal Auditor - June 30, 2000
Municipal Auditing 2001 Audit Plan
Audit Selection Committee.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Harris moved that the Minutes be received and filed. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................... -0.
OATHS OF OFFICE-CITY CLERK-CITY EMPLOYEES-COMMITTEES-CULTURAL
SERVICES COMMITTEE-GREENWAY SYSTEM-HUMAN DEVELOPMENT: The
following reports of qualification were before Council:
Stephanie M. Moon as Deputy City Clerk of the City of Roanoke,
effective September 1, 2000;
George A. Kegley as a member of the Cultural Services Committee for
a term ending June 30, 2001;
Lucy R. Ellett as a member of the Roanoke Valley Greenways
Commission for a term ending June 30, 2003; and
Cynthia S. Bryant and Margaret C. Thompson as members of the
Human Services Committee for terms ending June 30, 2001.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. Harris moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Carder and adopted by the following vote:
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AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ....................................................................................... -0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ZONING-COMPLAINTS: A request of Kermit M. Giles, Jr., representing Giles
Auto Sales, to address Council with regard to the alleged unlawful removal by the
City of seven vehicles and a camping trailer from his premises located at 4214
Williamson Road, N. W., was before Council.
Mr. Giles was not in attendance; however, the Mayor advised that two persons
had expressed a desire to speak to the issue.
Fredrick Williams, Chair, Neighborhood Development Committee of the
Williamson Road Action Forum, advised that it was his understanding based on
information from the City's Zoning Administrator, that certain vehicles owned by Mr.
Giles were towed away because they were in violation of the City's inoperative motor
vehicle ordinance. He stated that if there is a need to amend the ordinance in order
to be fair, it should be amended, but if the measure is currently in effect, it should
be enforced by the City and Mr. Giles should not complain if his vehicles fail to
comply with provisions of the ordinance.
Delores Phillips, Director, Williamson Road Area Business Association
(WRABA), spoke in support of the remarks of Mr. Williams. She advised that
WRABA supports the City in its efforts and believes that it is important for the City
and the business community to work together to enforce City and State regulations
that are applied uniformly to all citizens/businesses. She stated that representatives
of WRABA are working with the City and the business community to insure that
regulations are in the best interests of the Williamson Road area, and the Williamson
Road Area Business Association supports the City's plan to apply penalties to those
businesses that do not comply with the inoperative motor vehicle ordinance.
Matthew Hawkins, President, Williamson Road Action Forum, spoke in support
of the City's enforcement efforts relating to inoperative motor vehicles which has
helped to improve the appearance of Roanoke's neighborhoods. He stated that no
special exceptions should be provided for businesses over private citizens.
Without objection by Council, the Mayor advised that the matter would be
referred to the City Manager.
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APPALACHIAN POWER COMPANY: Terry L. Hall, General Manager of
Community Services, American Electric Power, presented a briefing on the AEP
Customer Choice Pilot Program within the Commonwealth of Virginia. He advised
that during the 1999-2000 legislative session, the legislature took a cautious
planning approach to allowing customers to begin choosing their electricity
supplier, the State Corporation Commission then developed a plan for phasing in full
customer choice which will take place by 2004, and the pilot program approved by
the State Corporation Commission is designed for customers and companies to
learn how to shop and to promote customer choice in a deregulated electric market.
He stated that AEP is currently looking for 22,000 customers in each of two pilot
phases through 2001 and those customers would volunteer to consider choosing
a supplier of electricity to their home, commercial establishment or industry. He
advised that deregulation basically involves changing from a "vertical" supplier of
electricity (for one price a company will mine fuel, transport fuel, generate energy,
transmit energy to transmission lines for distribution to the business, home and
industry in the communities that it serves which includes billing, collection and all
services approved by the State Corporation Commission), to a "horizontal" type
approach where the generator will be competition which will be the only part of the
former structure that is to be deregulated. He added that transmission will continue
to be regulated by Federal authorities and the distribution company will continue to
operate as it has in the past and will continue to be regulated by the State
Corporation Commission, with only generators or suppliers to be deregulated and
they will be required to meet State Corporation Commission standards and strict
requirements to compete within the Commonwealth of Virginia. He stated that AEP
is one of three pilot programs in place in the state that has been approved, the pilot
program is voluntary for customers, and volunteers who submit their names will be
contacted by potential suppliers to hear what they have to offer in the way of
incentives or other types of approaches to meet their electric power requirements,
and customers can then elect to change suppliers or remain with AEP. He added
that volunteers may register on line or through one of the toll-free numbers, by fax
or by postage paid card. He stated that AEP is encouraging its customers to
volunteer and the power company is eager to provide the results to the
Commonwealth of Virginia and to the State Corporation Commission.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
BUDGET-HARRISON HERITAGE CENTER: Aletha S. Bolden, Executive
Director, Harrison Museum of African-American Culture, appeared before Council
to address additional funding needs of the Harrison Museum and the future of the
institution. She introduced Melody Stovall, President, Board of Directors, for
presentation of the request.
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Ms. Stovall advised that on October 25, 1985, the Harrison Museum opened
its doors to the public and during the past two years, the Museum has experienced
a drastic decrease in financial support from Roanoke City through its Cultural
Services Committee. She further advised that while the Museum has gained ground
and financial support from the Commonwealth of Virginia, the City of Salem and the
Henry Street Heritage Festival, losing critical financial backing from the City of
Roanoke is not acceptable, thus, causing their appearance before City Council
today. She stated that the Board of Directors is of the opinion that the Harrison
Museum is an essential fourth leg of the Roanoke Valley's total cultural tourism
attraction and completes the diversity of such cultural institutions located in the
region. She further stated that reduced funding weakens Roanoke City's capacity
to serve the cultural needs of the entire community, and the Harrison Museum
serves as an institutional hub and anchor of the 5t~ Street corridor, thus, stabilizing
the greater community and enhancing the quality of life that contributes to the
economic well being and growth of the Roanoke Valley by offering an unique nitch
as a repository of African-American culture and history for all citizens and visitors
to enjoy. She advised that as an institution, the Harrison Museum serves as a
catalyst in redevelopment and renovation and the Museum and historic Harrison
School compliment historic Gainsboro, the Higher Education Center, The Hotel
Roanoke, the GOB south upscale apartments, Lincoln 2000, Lick Run Greenway, a
revitalized Henry Street and the new tourist information center in the old Norfolk
Southern Passenger Station. She noted that the Harrison Museum serves
approximately 30,000 persons annually, which includes visitors from out of town,
the Henry Street Heritage Festival, speaking engagements by Harrison Museum staff
and the Board of Directors, traveling expositions and foot traffic. She stated that the
Commonwealth of Virginia has validated the significance of the Harrison Museum,
even at a time when the State has cut funding to other agencies. She added that the
Harrison Museum received a State Challenge Grant of $25,000.00 in each year of the
last two years and this year's funding tripled to $75,000.00 which must be matched
or the funds will be lost, and the Virginia Commission for the Arts continues to
provide operating funds and performing grants to the Harrison Museum. She
explained that the Harrison Museum of African-American Culture is requesting
$60,767.00 in additional funds from the City of Roanoke for fiscal year 2000-01,
bringing the total funding level up to $78,000.00, the amount which was originally
requested for this fiscal year. She further requested that the Harrison Museum be
treated as a line item in the City's budget for fiscal year 2001-02.
Hanz Wall, Member of the Board of Directors, Harrison Museum of African-
American Culture, advised that the ability of the Harrison Museum to provide a
broader understanding of the diversity and multi-cultural nature of the Roanoke
Valley is crucial. He stated that approximately one year ago, he participated in an
advisory committee that reviewed the overall structure of the Harrison Museum, its
relationship to the community, and the structure and function of its Board of
Directors. During the course of the review, he called attention to the commitment
126
and diligence of the Harrison Museum staff and those persons who were involved
in the process, and as a result of the work of the advisory committee, certain
recommendations were made regarding every aspect of the Museum's operations
and functions, which included reconstruction and redevelopment of a Board of
Directors, strict accountability both financially and in terms of management, and at
this point the Harrison Museum is stronger than it has been in the last decade. He
stated that in conjunction with revitalization of the administrative capacity of the
Harrison Museum, the redirection in funding recommended by the City's Cultural
Services Committee is even more devastating and at this point the City should be
in a position of strengthening and supporting the efforts of the Harrison Museum.
He urged that Council fund the Harrison Museum at an appropriate level to enable
funding to be brought back up to the point where the Museum can operate efficiently
and that planning and reorganization efforts of the Harrison Museum be endorsed
and supported by the City of Roanoke.
William Skeen, member of the Board of Directors of Total Action Against
Poverty, which has had a long-standing relationship with the Harrison Museum since
1985, requested that Council focus on the fact that the City already has a significant
financial investment in the Harrison Museum of over $1 million and such a
significant decrease in funding will jeopardize the City's investment. In closing, he
urged that Council take into consideration the long-standing support of the City of
Roanoke, the City's investment in the Harrison Museum, the impact of the Harrison
Museum on the citizens of the City of Roanoke and that the additional appropriation
which has been requested by the Harrison Museum be approved.
Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W., referred to a handout
reflecting certain commitments made by the City over the past ten years to other
economic development initiatives, and asked that Council review its considerations
in the proper context. He inquired if the City owes the Harrison Museum, one of its
off spring, a level of support comparable to its support of other off spring such as
Explore Park, the Jefferson Center, Center in the Square, the Art Museum of Western
Virginia, the Higher Education Center, etc., which are all worthy projects that meet
the threshold of broadening community benefit, generating tax revenues and other
returns on public investment, as does the Harrison Museum. He pointed out that the
funding commitment by the Commonwealth of Virginia speaks in support of the
Harrison Museum's significance and viability and its value to the Commonwealth.
He pointed out that $78,000.00 for the Harrison Museum is not a large sum of money,
especially since the City has acted in various ways upon its commitment to other
projects by appropriating millions of dollars.
The Reverend Carl T. Tinsley, 2647 Springhill Drive, N. W., called attention to
the services offered by the Harrison Museum which provides a link with the history
of African-American culture. He requested that Council consider additional funding
to help the Harrison Museum reach its full potential. He referred to the condition of
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streets and sidewalks in the lower northwest neighborhood, and overgrown grass,
weeds and trash leading up to the Harrison Museum that needs attention by the City.
He requested that Council take into consideration the historical value of the
Harrison Museum for all citizens, especially children, and that the Harrison Museum
be considered as a part of Roanoke's heritage and its community by providing the
requested level of support.
Mr. White moved that the request for an additional $60,767.00 be referred to
2001-02 budget study. The motion was seconded by Mr. Bestpitch and unanimously
adopted.
Mr. White further moved that the City Manager be requested to review the
financial history of funding of the Harrison Museum of African-American Culture
outside of the City's budget process over the past ten years, with a report to Council
and to the Board of Directors of the Harrison Museum as soon as possible. The
motion was seconded by Ms. Wyatt and unanimously adopted.
From the floor, Dr. Rupert Cutler requested to speak; whereupon, the Mayor
advised that he had not registered with the staff assistant. Dr. Cutler proceeded to
advise that the Harrison Museum's financial crisis is in the current fiscal year and
not in fiscal year 2001-02.
Mr. Martin Jeffrey asked to respond to Mr. White's motion, to which the Mayor
advised that he had allotted Mr. Jeffrey seven minutes to make his previous
remarks; whereupon, the Mayor inquired if Council would like to make an exception
to its rules of procedure to enable Mr. Jeffrey to make additional remarks.
Mr. White requested a point of personal privilege to allow Mr. Jeffrey to make
additional remarks.
Mr. Bestpitch advised that the issue was properly presented to Council by the
citizens who previously spoke, Council adopted two motions in response to those
concerns, there is an opportunity for citizens to contact individual members of
Council to participate in the budget process and to contact the Cultural Services
Committee; therefore, it is time for Council to move on to its next item of business
on the agenda.
Without objection by Council, the Mayor advised that Council would proceed
to the next agenda item.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
128
BRIEFINGS:
ITEMS RECOMMENDED FOR ACTION:
CITY CODE-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a
written report advising that Section 2-124 of the City Code authorizes the City
Manager to apply for Federal and State grants on behalf of the City if no City funds
are to be obligated as a local share commitment; if obligation of City funds is
required for a local share commitment as part of the grant application, Council
approval is required to apply for the grant; Section 2-124 also stipulates that Council
approval is required to formally accept any Federal or State grant received; on
August 5, 1996, Council adopted Ordinance No. 33059-080596, amending Section 2-
124 of the City Code to authorize the City Manager to execute documents relating to
grant funds, or the sub-grant of funds to sub-recipients, in amounts up to
$25,000.00; and the City Manager was also authorized to execute any amendment
to any grant or sub-grant agreement, provided such amendment does not change
the net amount of grant funds involved by more than $25,000.00.
It was further advised that Council annually approves the Consolidated Plan
Action Plan, listing projects to be funded with grant funds received from the U. S.
Department of Housing and Urban Development (HUD), and appropriates funding for
each project; implementation of any project in the plan requires an agreement
between the City and the sub-grantee, describing the intended use of funding for the
project; all appropriation funding is subject to Council approval prior to execution
of a sub-grant agreement between the City and the sub-grantee; currently, Section
2-124 requires that any project receiving more than $25,000.00 in HUD grant funding
must receive Council's approval authorizing the City Manager to execute the
agreement; in order to improve administrative efficiency and to promote fiscal
consistency with the current procurement procedure under which the City Manager
can approve bids of $75,000.00 or less without seeking Council approval, an
amendment to Section 2-124 of the City Code is requested to increase the current
grant/sub-grant approval threshold from $25,000.00 to $75,000.00; and the
amendment threshold will remain at $25,000.00, consistent with the City's current
policy regarding construction contract change orders.
The City Manager recommended that Council adopt a measure amending
Section 2-124 Code of the City of Roanoke (1979), as amended, to increase the
current $25,000.00 threshold limiting the execution of grant documents by the City
Manager to $75,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
129
(#35044-090500) AN ORDINANCE amending and reordaining §2-124,
Application for grants by city manager; authority of city manager to execute
documents., of Article V, City Manager, of Chapter 2, Administration, of the Code of
the City of Roanoke (1979), as amended, to provide for the authorization of the City
Manager to file applications for certain funds, and to execute certain documents and
amendment to such documents; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 439.)
Mr. Harris moved the adoption of Ordinance No. 35044-090500. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................... -0.
Mr. Bestpitch offered a friendly amendment to the proposed ordinance; i.e:
Section 2-124(a), page one, line eight, the word "or" should be substituted for the
word "of" before "the state government."
TRAFFIC-BUDGET-PARKS AND RECREATION-CAPITAL IMPROVEMENTS
PROGRAM-STREETS AND ALLEYS: The City Manager submitted a written report
advising that Hill Studio, P. C., has completed the conceptual plans for the Mill
Mountain Zoo Master Plan, which proposes to expand the zoo with the addition of
an office area, a veterinary services building, numerous animal viewing shelters and
exhibits, etc.; and in order to complete the addition and to lessen the impact of
heavy construction equipment within the zoo area, Beth Poff, Director of the Mill
Mountain Zoo, approached the City regarding the construction of an access road to
be utilized as a construction entrance and as a service road once the project is
complete, which will help to minimize the risk of exposing the zoo's visitors to
construction traffic.
It was further advised that Hill Studio, P. C., intends to have the zoo's
construction documents completed by the end of September; Mill Mountain Zoo
expansion is dependent upon the access road being constructed and the zoo's
construction documents being finalized, and once these events occur, Mill Mountain
Zoo expansion will begin; Caldwell White Associates has been hired by the City to
provide a conceptual plan to determine the cost and a feasible alignment to minimize
the impact of grading an access road on Mill Mountain; funding in the amount of
$65,000.00 is available in the prior year CMERP account, $40,000.00 from 1998
CMERP and $25,000.00 from 1999 CMERP; funds can be appropriated from General
Fund, Account No. 001-3323, to an account to be established by the Director of
Finance, entitled "Mill Mountain Zoo Access Road"; and it is expected that allocation
130
of the $65,000.00 in funds for the project will be approximately $5,000.00 for
engineering costs, with the remaining $60,000.00 to be used for construction of the
access road.
The City Manager recommended that Council appropriate $65,000.00, which
is available in the prior year CMERP account, from General Fund, Account No. 001-
3323, to an account to be established by the Director of Finance, entitled, "Mill
Mountain Zoo Access Road," in the Capital Projects Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35045-090500) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General and Capital Projects Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 441.)
Mr. Harris moved the adoption of Ordinance No. 35045-090500. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, White, Wyatt and Mayor
Smith ........................................................................................................ -6.
NAYS: None ...................................................................................... -0.
(Council Member Hudson was out of the Council Chamber.)
BUDGET-CMERP-STREETS AND ALLEYS: The City Manager submitted a
written report advising that on May 15, 2000, Council accepted the bid of and
authorized the City Manager to enter into a contractual agreement with Adams
Construction Company, in the amount of $1,952,443.10 for the Fiscal Year 1999-2000
Paving Program; the Annual Paving Program contract uses funds that span two
fiscal years in the General Fund; funds in the amount of $400,626.00 were
unobligated at the close of fiscal year 1999-2000 in the Street Paving account; and
unobligated funds need to be reappropriated to the Street Paving account and
encumbered to Adams Construction Company to complete the paving contract.
The City Manager recommended that Council reappropriate $400,626.00 in
CMERP funds to Street Paving, Account No. 001-530-4120-2010.
(For full text, see report on file in the City Clerk's Office.)
131
Mr. Harris offered the following emergency budget ordinance:
(#35046-090500) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 442.)
Mr. Harris moved the adoption of Ordinance No. 35046-090500. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................ 0.
CITY PROPERTY-JEFFERSON CENTER-LEASES: The City Manager submitted
a written report advising that Council considered a report dated July 3, 2000,
regarding the Jefferson Center Lease extension from the Water Resources
Committee and advertised a public hearing which was held on August 21, 2000; at
the August 21, meeting, a bid from the Jefferson Center Foundation, Ltd., was
received to extend the lease dated November 1, 1991, to provide for a new term of
June 1, 2001, to May 31,2041; and all other terms of the existing lease shall remain
unchanged.
The City Manager recommended that Council authorize an extension of the
term of the existing lease between the City of Roanoke and the Jefferson Center
Foundation, Ltd., dated November 1, 1991, to provide for a new term ending May 31,
2041, in accordance with the bid received from the Jefferson Center Foundation, Ltd.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson moved that the following ordinance be placed upon its first
reading:
(#35047) AN ORDINANCE authorizing the extension of an existing lease
between the City of Roanoke and the Jefferson Center Foundation, Ltd., for the lease
of property known as the Jefferson Center and adjacent grounds, lying at 540
Campbell Avenue, S. W., including the adjacent parking lot on Luck Avenue, S. W.
(For full text of Ordinance, see Ordinance Book No. 63, page 449.)
The motion was seconded by Mr. Bestpitch and adopted by the following vote:
132 -
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None. 0.
HUMAN DEVELOPMENT-BLUE RIDGE COMMUNITY SERVICES: The City
Manager submitted a written report advising that the Board of Directors, Blue Ridge
Community Services, adopted revisions to its By-Laws on June 15, 2000, as follows:
The name of the agency will become Blue Ridge Behavioral
Healthcare, effective January 1, 2001, to better reflect its
mission. (Article 1, Section 1, 3; Article IV, Section 8; Article X,
Sections 1, 2, 3, 4, 5)
The ordering of Officers and their duties was clarified. (Article
8, Sections 1, 2e, 3, 4, 5)
The composition of the meeting quorum was redefined. (Article
4, Section 8)
Standing Committees were renamed and redefined to comply
with service restructuring. (Article IX, Sections 3, 4, 5, 6)
References to New Board Member Orientation were deleted
because they are required elsewhere by regulation. (Article XlI)
Renumbering of Articles XlII, XlV, and XV due to deletion of
Article XlI, Orientation of New Board Member.
The period of Notice for By-Laws Changes was increased from
five days to 15 days. (Article XlV)
The City Manager recommended that Council approve By-Laws changes as
requested by the Board of Directors of Blue Ridge Community Services and required
by regulations promulgated under Title 37.1, Chapter 10, Code of Virginia, 1950, as
amended.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bestpitch offered the following resolution:
133
(#35048-090500) A RESOLUTION ratifying amendments to the By-Laws to
Blue Ridge Community Services.
(For full text of Resolution, see Resolution Book No. 63, page 443.)
Mr. Bestpitch moved the adoption of Resolution No. 35048-090500. The
motion was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -7.
NAYS: None .......................................................................................... -0.
BUDGET-GRANTS-YOUTH: The City Manager submitted a written report
advising that the Office on Youth received its first grant from the Virginia
Delinquency Prevention and Youth Development Act (VA DP&YD) on June 17, 1980;
this year, the City applied for and received funding from the VA DP&YD Act, which
grant will provide the continuation of coordinated planning and program
implementation of the Office on Youth; and the fiscal year 2000-2001 grant budget
totals $80,281.00.
The City Manager recommended that she be authorized to execute the
appropriate documents to accept the State grant and that Council appropriate grant
funds to certain revenue and expenditure accounts in the Grant Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#35049-090500) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 444.)
Mr. Hudson moved the adoption of Ordinance No. 35049-090500. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................... -0.
Mr. Hudson offered the following resolution:
134 -
(#35050-090500) A RESOLUTION authorizing acceptance of a grant from the
Virginia Delinquency Prevention and Youth Act Prevention on behalf of the City to
continue coordinated planning and program implementation of the Office on Youth,
and authorizing execution of any and all necessary documents to comply with the
terms and conditions of the grant and applicable laws, regulations, and
requirements pertaining thereto.
(For full text of Resolution, see Resolution Book No. 63, page 446.)
Mr. Hudson moved the adoption of Resolution No. 35050-090500. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................. -7.
NAYS: None ......................................................................................... --0.
BUDGET-GRANTS-YOUTH: The City Manager submitted a written report
advising that the City of Roanoke continues to provide wholesome activity for the
nutritional needs of children and youth during the summer months through its Office
on Youth supervised Summer Nutrition Program; funds for the program, now in its
seventh year, are provided through the United States Department of Agriculture
Food and Nutrition Services; the program is similar in concept to the National
School Lunch Program with eligibility requirements much like those used to
determine eligibility for free or reduced priced meals during the school year; the
purpose of the program is to provide nutritionally balanced healthy meals to children
ages one through 18; adult summer staff manage the program, however, some youth
are hired to assist at the feeding locations; and local cash match in the amount of
$15,245.00 was appropriated in the fiscal year 2000-01 General Fund budget,
Transfer to Grant Fund, Account No. 001-250-9310-9535.
The City Manager recommended that she be authorized to accept Federal
funds in the amount of $86,505.00 from the United States Department of Agriculture
Food and Nutrition Service; that the Director of Finance be authorized to establish
a revenue estimate in the amount of $101,750.00, and that Council appropriate funds
to expenditure accounts listed in the report.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
135
(#35051-090500) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 447.)
Mr. Hudson moved the adoption of Ordinance No. 35051-090500. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ....................................................................................... -0.
Mr. Hudson offered the following resolution:
(#35052-090500) A RESOLUTION authorizing acceptance of reimbursement
from the United States Department of Agriculture Food and Nutrition Service on
behalf of the City for program costs for the implementation of the summer program,
and authorizing execution of any and all necessary documents to comply with the
terms and conditions of the grant and applicable laws, regulations, and
requirements pertaining thereto.
(For full text of Resolution, see Resolution Book No. 63, page 448.)
Mr. Hudson moved the adoption of Resolution No. 35052-090500. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................ 0.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of
Finance submitted the Financial Report for the City of Roanoke for the month of
July, 2000.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the Financial Report
would be received and filed.
136 -
CITY ATTORNEY:
CITY PROPERTY-CHURCH AVENUE PARKING GARAGE-HOSPITALS-
VIRGINIA TECH-WATER RESOURCES-RIVERSIDE CENTRE: The City Attorney
submitted a written report advising that at the regular meeting of Council on
Monday, August 21, 2000, Council adopted Ordinance No. 35041, providing for the
lease of a portion of the Church Avenue Parking Garage to Carilion Biomedical
Institute ("CBI") for use as office space; however, the ordinance inadvertently
contained an emergency provision. It was explained that Section 13 of the City
Charter provides that no measure selling or leasing City property may be adopted
without a second reading; accordingly, Ordinance No. 35041 has been modified for
Council's consideration by removing the emergency provision and by authorizing
the City Manager to execute the Lease Agreement with a retroactive date as early as
September 1, 2000; adoption of the ordinance will satisfy the Charter requirement
and will allow the project to proceed without interruption; and in the interim, the City
Manager will grant a temporary permit to allow CBI's occupancy of the premises,
upon CBI's submission of the requisite insurance certificate and other
documentation to protect the interests of the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following ordinance for its second reading and final
adoption:
(#35041-090500) AN ORDINANCE authorizing the City Manager to enter into
an agreement with Carilion Biomedical Institute for the lease of office space at 111-
117 Church Avenue Parking Garage, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 63, page 436.)
Mr. Harris moved the adoption of Ordinance No. 35041-090500. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ........................................................................................... 7.
NAYS: None ..................................................................................... ---0.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS:
137
BUDGET-DOWNTOWN ROANOKE, INCORPORATED-ECONOMIC
DEVELOPMENT-IMAX THEATRE: Council at its regular meeting on Monday,
August 7, 2000, having deferred action on a report of the City Manager
recommending appropriation of $300,000.00 in connection with development of the
Art Museum/IMAX Theatre project in downtown Roanoke, pending receipt of a
written cooperation agreement between the City and the Art Museum, the matter was
again before the body. The City Manager submitted a written report advising that
City staff has met with representatives of the Art Museum of Western Virginia to
establish terms for a performance agreement between the City and the Museum; the
meeting was held on August 17, 2000; basic terms relating to allocation of the $4
million pledge from the City to the Museum have been established as well as terms
of the conveyance of the one-acre parcel of land between Market Street and Salem
Avenue under the former Hunter Viaduct to the Western Virginia Foundation for the
Arts and Sciences (WVFAS); the City Attorney's Office will prepare an Agreement for
review and approval by the Art Museum; and it is anticipated that the agreement will
be available for review by Council at one of its October meetings.
The City Manager requested that action on the matter be deferred until such
time as the agreement is ready for review.
(For full text, see report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the report of the City
Manager would be received and filed.
INTRODUCTION
RESOLUTIONS:
AND CONSIDERATION OF ORDINANCES AND
ZONING: Ordinance No. 35030, repealing the conditions now binding upon
parcels of land designated as Official Tax Nos. 6380101, 6380102 and 6370306, and
that Ordinance Nos. 30840-012192, and 33852-060198, accepting said conditions, be
repealed to the extent that they rezone the subject property and accept and place
such conditions on said property; and that certain tract of land containing a
combined total of 9.5 acres, more of less, lying on the east side of Peters Creek
Road, N. W., designed as Official Tax Nos. 6380104, 6380101,6380102, and 3370306,
be, rezoned from RS-3, Single Family Residential District, to C-2, General
Commercial District, subject to certain proffers contained in the combined Second
Amended Petition filed in the Office of the City Clerk on August 1,2000, be amended
to reflect changes in the proffered conditions and rezoning of the subject parcels,
as set forth in a report of the City Planning Commission dated August 21, 2000,
having previously been before the Council for its first reading on Monday,
August 21, 2000, read and adopted on its first reading and laid over, was again
before the body, Mr. Harris offering the following for its second reading and final
adoption:
138 -
(#35030-090500) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the
City of Roanoke (1979), as amended, and Sheet Nos. 637 and 638, Sectional 1976
Zone Map, City of Roanoke, in order to repeal certain conditions presently binding
upon certain property previously conditionally zoned C-2, General Commercial
District, and to rezone certain property within the City, subject to certain conditions
proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 63, page 424.)
Mr. Harris moved the adoption of Ordinance No. 35030-090500. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith .................................................................................... 7.
NAYS: None .......................................................
STREETS AND ALLEYS: Ordinance No. 35031, permanently vacating,
discontinuing and closing that certain 0.23-acre, more or less, portion of Highland
Avenue, S. E., beginning at the northwesterly corner of Lot 8, Block 10, Official
Survey No. 3, and running in an easterly direction to a previously closed portion of
Highland Avenue, S. E., having previously been before the Council for its first
reading on Monday, August 21, 2000, read and adopted on its first reading and laid
over, was again before the body, Mr. Hudson offering the following for its second
reading and final adoption:
(#35031-090500) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 63, page 426.)
Mr. Hudson moved the adoption of Ordinance No. 3503'1-090500. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ........................................................................................... -7.
NAYS: None ....................................................................................... -0.
~ STREETS AND ALLEYS: Ordinance No. 35032, permanently vacating,
discontinuing and closing that certain alley extending in an easterly direction for a
distance of approximately 440 feet from 25th Street to an alley running from
Shenandoah Avenue to 24th Street, having previously been before the Council for
its first reading on Monday, August 21, 2000, read and adopted on its first reading
and laid over, was again before the body, Mr. Carder offering the following for its
second reading and final adoption:
139
(#35032-090500) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia, more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 63, page 428.)
Mr. Carder moved the adoption of Ordinance No. 35032-090500. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................ -0.
STREETS AND ALLEYS: Ordinance No. 35038, permanently vacating,
discontinuing and closing that certain 12' alley extending approximately 180 feet
along the entire northern property line of a parcel identified by Official Tax No.
2013605, to the easternmost right-of-way boundary of First Street, N. W., having
previously been before the Council for its first reading on Monday, August 21,2000,
read and adopted on its first reading and laid over, was again before the body, Mr.
Hudson offering the following for its second reading and final adoption:
(#35038-090500) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 63, page 431.)
Mr. Hudson moved the adoption of Ordinance No. 35038-090500. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -7.
NAYS: None ....................................................................................... 0.
SEWERS AND STORM DRAINS-EASEMENTS-CITY PROPERTY-SCHOOLS:
Ordinance No. 35039, authorizing the granting of a variable width easement for
installation of overhead and underground electric power service across City-owned
property located on the Garden City Elementary School site, upon certain terms and
conditions, more particularly set forth in a report of the Water Resources Committee
dated April 21, 2000,having previously been before the Council for its first reading
on Monday, August 21,2000, read and adopted on its first reading and laid over, was
again before the body, Mr. Carder offering the following for its second reading and
final adoption:
140 -
(#35039-090500) AN ORDINANCE authorizing the granting of a variable width
easement for installation of overhead and underground electric power service
across City-owned property located on the Garden City Elementary School site,
upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 63, page 433.)
Mr. Carder moved the adoption of Ordinance No. 35039-090500. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ................................................................................................
NAYS: None ..................................................................................... -0.
STREETS AND ALLEYS: Ordinance No. 35040, authorizing the alteration and
closing by barricade of that portion of First Street, N. W., as the same extends
between Shenandoah Avenue, and Centre Avenue, N. W., having previously been
before the Council for its first reading on Monday, August 21, 2000, read and
adopted on its first reading and laid over, was again before the body, Mr. Hudson
offering the following for its second reading and final adoption:
(#35040-090500) AN ORDINANCE authorizing the alteration and closing by
barricade of certain public right-of-way in the City of Roanoke, Virginia, as are more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 63, page 434.)
Mr. Hudson moved the adoption of Ordinance No. 35040-090500. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................. -7.
NAYS: None ...........................
AIRPORT-COUNCIL: Mr Hudson offered the following resolution changing the
place and time of commencement of the regular meeting of City Council scheduled
to be held at 12:15 p.m., on Monday, September 18, 2000, from the Emergency
Operations Center, 1st Floor, Municipal Building, 215 Church Avenue, S. W., to 12:00
Noon, at the Wyndham Roanoke Hotel, 2801 Hershberger Road, N. W., with the
3:00 p.m. session on the same date to be held at William Ruffner Middle School
Cafeteria, 3601 Ferncliff Avenue, N. W., City of Roanoke.
141
(#35053-090500) A RESOLUTION changing the place and time of
commencement of the regular meeting of City Council scheduled to be held at
12:15 p.m., on Monday, September 18, 2000.
(For full text of Resolution, see Resolution Book No. 63, page 448.)
Mr. Hudson moved the adoption of Resolution No. 35053-090500. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
STATE HIGHWAYS-TRAFFIC-ACTS OF ACKNOWLEDGEMENT: Vice-Mayor
Carder commended Virginia Department of Transportation officials for the improved
appearance of 1-581, specifically entrances to and exits from the City, and requested
that the Mayor forward a letter of appreciation on behalf of the City of Roanoke to
VDOT officials.
ACTS OF ACKNOWLEDGEMENT-PARKS AND RECREATION-CITY
EMPLOYEES: Council Member Wyatt requested that the Mayor forward a letter of
appreciation to Ms. Marilyn Arbogast, City of Roanoke Horticulturist, for her efforts
to beautify the City of Roanoke through the planting of flowers, hanging flower
baskets, and shrubbery, etc.
MENTAL HEALTH SERVICES-DISABLED PERSONS: Council Member Wyatt
referred to a recent tour by City and State officials of the City's adult group homes,
and advised that proposed and future changes in service will lead to a more positive
life style for residents of the facilities.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-STREETS AND ALLEYS: Ms. Mary H. Tunnell, 3830 Bohon
Street, N. E., called attention to the need to repave Bohon Street, N. E.
The remarks were referred to the City Manager for response.
142 -
COMPLAINTS-PARKS AND RECREATION-TREES-STREETS AND ALLEYS: Mr.
Andrew Tunnell, 3820 Bohon Street, N. E., requested that trees be trimmed so that
the Star on Mill Mountain is visible from 1-581. He expressed concern regarding
potholes on Williamson Road and the need to lower manhole covers on Williamson
Road.
The remarks were referred to the City Manager for response.
At 5:15 p.m., the Mayor declared the meeting in recess.
At 5:40 p.m., the meeting reconvened in the Breckinridge Middle School
Cafeteria, with Mayor Smith presiding, and all Members of the Council in attendance.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................. -7.
NAYS: None ........................................................................................... 0.
There being no further business, the Mayor declared the meeting adjourned
at 5:42 p.m.
APPROVED
ATTEST:~.~.4~/ .~, ~~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
143
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
September 18, 2000
12:00 Noon
The Council of the City of Roanoke met in regular session on Monday,
September 18, 2000, at 12:00 Noon, the regular meeting hour, at the Wyndham
Roanoke Hotel, 2801 Hershberger Road, N. W., City of Roanoke, Virginia, pursuant
to Chapter II, Administration, Article II, City Council, Section 2-15, Rules of
Procedure, Rule I, Regular Meetings, Code of the City of Roanoke (1979), as
amended, and pursuant to Resolution No. 35035-090500 adopted by the Council on
September 5, 2000, with Mayor Ralph K. Smith presiding.
PRESENT: Council Members William White, Sr., Linda F. Wyatt,
William D. Bestpitch, William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., and
Mayor Ralph K. Smith ........................................................................................ 7.
ABSENT: None ...................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Deputy City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport, advised
that the Airport Commission contracted with The Boyd Group/ASRC, Inc., Aviation
Consultant, Research and Forecasting, to study the aviation industry in general for
the Roanoke region in comparison to service in other similarly sized cities in the
southeastern United States. She further advised that the quality of the region's air
service is an important element in its ability to compete effectively in the
marketplace; in order to obtain a current and objective evolution of the quality of air
service currently available in the Roanoke region, the Roanoke Regional Airport
Commission contracted with the Boyd Group to perform the necessary analysis; and
specifically, the Boyd Group was asked to research, evaluate and compare the level
of air service and fares at Roanoke Regional Airport to that which is offered at
airports in nine other cities, which cities were identified as being generally
comparable to and competitive with the Roanoke and New River Valley area in terms
of the types of business being recruited or encouraged to expand.
Ms. Shuck called upon Michael Boyd, President of the Boyd Group, who is
widely recognized as an expert in the field of air service, for presentation of the
report.
(See summary of findings on file in the City Clerk's office.)
144
At 1:35 p.m., the Mayor declared the meeting in recess to be recovered at
3:00 p.m., in the William Ruffner Middle School Cafeteria; 3601 Ferncliff Avenue,
N. W., City of Roanoke.
At 3:00 p.m., on Monday, September 18, 2000, the regular meeting of City
Council reconvened in the William Ruffner Middle School Cafeteria, 3601 Ferncliff
Avenue, N. W., City of Roanoke, pursuant to Chapter II, Administration, Article II, City
Council, Section 2-15, Rules of Procedure, Rule I, Regular Meetings, Code of the City
of Roanoke (1979), as amended, and pursuant to Resolution No. 35035-090500 with
Mayor Ralph K. Smith.
PRESENT: Council Members William White, Sr., Linda F. Wyatt,
William D. Bestpitch, William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., and
Mayor Ralph K. Smith ....................................... , ............................................... -7.
ABSENT: None ............................................................................. -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Deputy City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Council Member
C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS:
CITY ATTORNEY-DECEASED PERSONS: Mr. Bestpitch offered the following
Resolution memorializing the late Judith M. Hackworth, wife of City Attorney William
Hackworth, who passed away on September 18, 2000.
(#35054-091800) A RESOLUTION memorializing the late Judith M. Hackworth.
(For full text of Resolution, see Resolution Book No. 63, page 451.)
Mr. Bestpitch moved the adoption of Resolution No. 35054-091800. The
motion was seconded by Mr. Carder and adopted by the following vote:
145
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None ....................................................................................... ---0.
JEFFERSON CENTER-DECEASED PERSONS: Mr. Harris offered the following
Resolution memorializing the late Beverly T Fitzpatrick, Sr., unit leader and former
judge who passed away on September 16, 2000.
(#35055-091800) A RESOLUTION memorializing the late Beverly Thomas
Fitzpatrick, Sr., beloved civic leader and former judge of the City's Municipal and
General District Courts.
(For full text of Resolution, see Resolution Book No. 63, page 452.)
Mr. Harris moved the adoption of Resolution No. 35055-091800. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................ -0.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
MINUTES: Minutes of the Financial Planning Session of City Council held on
Saturday, March 4, 2000; and regular meetings of Council held on Monday,
April 3, 2000, and Monday, April 17, 2000, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Hudson moved that the reading of the Minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Harris and
adopted by the following vote:
146 -
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ......................................................................................... -7.
NAYS: None. 0.
OATHS OF OFFICE-COMMITTEES-COMMUNITY PLANNING: A communication
from Evelyn S. Lander tendering her resignation as a member of the Metropolitan
Planning Organization of the Roanoke Valley-Alleghany Regional Commission, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Hudson moved that the communication be received and filed, and that the
resignation be accepted. The motion was seconded by Mr. Harris and adopted by
the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None- 0.
HUMAN DEVELOPMENT COMMITTEE-OATHS OF OFFICE-COMMITTEES: A
report of qualification of Evelyn F. Board as a member of the Human Services
Committee for a term ending June 30, 2001, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. Hudson moved that the report of qualification be received and filed. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson and
MayorSmith .7.
NAYS: None .................................................................................... -0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMMONWEALTH'S ATTORNEY:
Donald M. Caldwell, Commonwealth's Attorney, reported on the Cost
Collection Unit which is administered by the Commonwealth Attorney's Office, for
fiscal year 1999-2000, and presented information summarizing the program over the
147
past six years. He advised that the Commonwealth's Attorney is charged, by statute,
with the responsibility of collecting outstanding fines and costs within the court
system; however, it was only in the late 1990's that the State provided legislation
that allowed for funding to accomplish that purpose. He stated that the
Commonwealth of Virginia offers three alternatives for cost collection; i.e.: to refer
the matter to the State Department of Taxation, to refer the matter to private
collections or, to establish an in house program. He explained that in 1994, the
Commonwealths's Attorney and the City of Roanoke elected to use the in house
collection program, primarily because it provides an opportunity for the locality to
make additional money and the locality benefits from the fact that most fines and
costs that are assessed are assessed as state revenue. He added that if the locality
has an in house program, it allows state money and local money to be deposited in
one common account and after expenses are incurred, remaining funds can be
divided 50 - 50 between the State and the locality; and historically, Roanoke City has
found that fines are collected at approximately an 80 - 20 ratio, 80 per cent State
dollars and 20 per cent local dollars. He advised that for fiscal year 2000-01, the City
collected approximately $87,000.00 in past due fines and costs which is local money
and after expenses are factored out and divided 50 - 50 with the State, the City
actually collected $118,532.00, which represents approximately $32,000.00 more
than was collected in local fines and costs, or about a 36 per cent increase in local
money that goes into the City's General Fund. He explained that the program was
set up with the locality agreeing to underwrite any losses incurred; however, the City
did not experience any losses except in the initial start-up year when the program
operated for eight months and most of the loss was in equipment and start up fees.
Without objection by Council, the Mayor advised that the report of the
Commonwealth's Attorney would be received and filed.
PETITIONS AND COMMUNICATIONS:
SEGREGATION/INTEGRATION-CITY COUNCIL-NATIONAL LEAGUE OF CITIES:
A communication from Council Member William D. Bestpitch calling attention to an
article in the September 4 edition of Nation's Cities Weekly indicating that citizens
and City leaders all over America are encouraged to add their voices to local efforts
taking place around the country and in Washington, D. C., on September 20 as part
of a demonstration led by the National League of Cities to rally against racism, was
before Council.
He explained that National Undoing Racism Day launches the Campaign to
Promote Racial Justice, a major initiative in conjunction with more than 200 cities
to eliminate racism and to advance racial justice in the nation's communities; and
the effort, led by NLC President Bob Knight, who is also Mayor of Wichita, Kansas,
is aimed at raising awareness about issues of racism and the problems that many
minorities are still subjected to in their daily lives, and at the same time drawing
attention to local efforts to do away with racism.
148 -
Mr. Bestpitch proposed that the City of Roanoke adopt a resolution lending
its support to the "National Undoing Racism Day Rally" which will be held at
Freedom Plaza, 1301 Pennsylvania Avenue, and is located just three blocks from the
White House, at which time NLC President Knight, City officials and leaders of other
organizations who support the NLC's campaign will participate in the Washington
event at 12:00 noon on September 20.
(For full text, see communication on file in the City Clerk's office.)
Mr. Bestpitch offered the following Resolution:
(#35056-091800) A RESOLUTION lending the City's support to the National
League of Cities Campaign to Promote Racial Justice which will be launched on
September 20, 2000, in Washington, D. C.
(For full text of Resolution, see Resolution Book No. 63, page 454.)
Mr. Bestpitch moved the adoption of Resolution No. 35056-091800. The
motion was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ......................................................................................... 7.
NAYS: None
BUDGET-CLERK OF COURTS-CIRCUIT COURT-GRANTS-EQUIPMENT: A
communication from the Honorable Arthur B. Crush, III, Clerk of Circuit Court,
advising that the Clerk of Circuit Court is responsible, by statute, for the recordation
of legal instruments which include land records, marriage licenses, financing
statements, assumed names, wills and other probate records, and law, chancery and
criminal orders; records must be maintained and be made available to the public;
the Optical Character Recognition System, also known as the Records Management
Indexing/Scanning System, currently in use to record the above-referenced records
can no longer facilitate the volume of records being scanned; there is a need for
additional, compatible equipment that will allow several operators to perform like
tasks simultaneously; equipment is available through the Supreme Court of Virginia
at a cost of $43,965.00; and funds, in the amount of $43,965.00, are available from
the Compensation Board of Virginia-Technology Trust Fund.
It was further advised that the Clerk of Circuit Court has been granted
$43,965.00 from the Compensation Board of Virginia-Technology Trust Fund for
upgrades to the current recordation equipment, which grant does not require a local
match; whereupon, the Clerk of Circuit Court recommended that Council authorize
the City Manager to execute the requisite documents to obtain funds from the
149
Compensation Board-Technology Trust Fund, and authorize the Director of Finance
to establish a revenue estimate in the amount of $43,965.00 in the Grant Fund and
appropriate funds to Account No. 9005, Furniture and Equipment.
A report of the City Manager concurring in the recommendation of the Clerk
of Circuit Court was also before the body.
(For full text, see communication and report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#35057-091800) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 455.)
Mr. Hudson moved the adoption of Ordinance No. 35057-091800. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson and
MayorSmith .............................................................................................. -7.
NAYS: None .................................................................................... -0.
Mr. Hudson offered the following Resolution:
(#35058-091800) A RESOLUTION authorizing the acceptance of funding from
the Compensation Board of the Commonwealth of Virginia and authorizing the
acceptance, execution and filing of appropriate documents to obtain such funds.
(For full text of Resolution, see Resolution Book No. 63, page 456.)
Mr. Hudson moved the adoption of Resolution No. 35058-091800. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson and
MayorSmith ................. ~-- ....................................................................... -7.
NAYS: None ................................................................................... -0.
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting appropriation of funds to the following school accounts, was before
Council:
150
$50,000.00 from the balance of prior year Capital Maintenance and
Equipment Replacement Funds for the installation of an elevator for the
disabled at Patrick Henry High School.
$327,396.00 from 2000-01 Capital Maintenance and Equipment
Replacement Funds to fund new textbook adoptions, administrative
and instructional technology requests, facility maintenance
requirements, and facility improvements at several schools.
$314,569.00 in proceeds from the sale of Trigon Stock which will be
utilized for the purpose of reducing the School Board employee
premium obligation for fiscal year 2000-01.
$50,000.00 for the Comprehensive School Reform Demonstration Grant
to provide for the replication of a successful intervention program at
Fallon Park Elementary School. The program will implement a basic
skills program which includes staff development and remedial skills
instruction. The continuing program is one hundred per cent
reimbursed by Federal funds.
$50,000.00 for the Comprehensive School Reform Demonstration Grant
to provide for replication of a successful intervention program at
Lincoln Terrace Elementary School. The program will implement a
basic skills program which includes staff development and remedial
skills instruction. The continuing program is one hundred per cent
reimbursed by Federal funds.
$50,000.00 for the Comprehensive School Reform Demonstration Grant
to provide for replication of a successful intervention program at the
Roanoke Academy for Mathematics and Science. The program will
implement a basic skills program which includes staff development and
remedial skills instruction. The continuing program is one hundred per
cent reimbursed by Federal funds.
A report of the Director of Finance recommending that Council concur in the
request of the School Board was also before the body.
(For full text, see communication and report on file in the City Clerk's Office.)
151
Mr. White offered the following emergency budget ordinance:
(#35059-091800) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General and School Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 457.)
Mr. White moved the adoption of Ordinance No. 35059-091800. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None ....................................................................................... --0.
BONDS/BOND ISSUES-SCHOOLS: A communication from the Roanoke City
School Board advising that at its September 12 meeting the Board adopt a
Resolution requesting Council to issue General Obligation Qualified Zone Academy
Bonds (QZAB) in an aggregate principal amount not to exceed $1,291,618.00 for the
purpose of renovating the Roanoke Academy for Mathematics and Science,
including installation of air conditioning, replacement of windows, modernization of
restrooms, upgrading of floor, wall and ceiling finishes, and replacing lighting and
utilities, was before Council.
It was explained that the Qualified Zone Academy Bonds initiative is a Federal
program that allows lending institutions and schools to form a mutually beneficial
partnership to support education; the program offers bonds, interest-free, and
allows a bank or other lending institution to purchase the special no-interest bond
on behalf of a school; and schools qualify based on their percentage of free lunch
students.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Bestpitch offered the following Resolution:
(#35060-091800) A RESOLUTION authorizing the School Board for the City of
Roanoke to rehabilitate the present school building at the Roanoke Academy for
Mathematics and Science; and (ii) authorizing and directing the City Manager to file
an application with the Virginia Department of Education seeking an allocation of
authority to issue the City's general obligation qualified zone academy bonds in an
amount not to exceed $1,291,618.00 to finance certain renovations to the Roanoke
Academy for Mathematics and Science.
(For full text of Resolution, see Resolution Book No. 63, page 460.)
152
Mr. Bestpitch moved the adoption of Resolution No. 35060-091800. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None .................................................................................... -0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
TRAFFIC-BUDGET-CONSULTANTS REPORTS-ECONOMIC DEVELOPMENT:
The City Manager submitted a written report advising that the City of Roanoke will
play a key role in developing public infrastructure to support the proposed Riverside
Centre for Research and Technology; an important piece of the infrastructure is a
new grade separated highway interchange linking the project area to the
Roy L. Webber Expressway (Route 220); substantial conceptual engineering work
has been completed and was well received by the Virginia Department of
Transportation; and the next step is to prepare a detailed traffic and engineering
analysis that will justify the proposed interchange and further refine design
characteristics and cost.
It was further advised that qualification proposals were publicly advertised
and received; a selection committee determined that Wilbur Smith Associates, Inc.,
is best qualified to prepare the Interchange Justification Report, and a contract was
negotiated with Wilbur Smith Associates, Inc., in the amount of $145,162.00;
additional funding of $14,948.00 is needed for a project contingency; funds in the
amount of $102,359.00 are available from Capital Project Account No. 008-056-9698
and the balance of $57,751.00 to fund the Justification Report is available in
Transfers to Capital Projects, Account No. 001-250-9310-9508.
The City Manager recommended that Council authorize a contract for the
above referenced work and that the City Manager be authorized to execute the
contract, in a form acceptable to the City Attorney, with Wilbur Smith Associates,
Inc., in the amount of $145,162.00, transfer $102,359.00 from Capital Project, Account
No. 008-056-9698, and $57,751.00 from Transfers to Capital Projects, Account No.
001-250-9310-9508, for a total of $160,110.00, to Riverside Centre, Account No. 008-
002-9720-9003.
(For full text, see report on file in the City Clerk's Office.)
153
Mr. Harris offered the following emergency budget ordinance:
(#35061-091800) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 461.)
Mr. Harris moved the adoption of Ordinance No. 35061-091800. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................ -0.
Mr. Harris offered the following Resolution:
(#35062-091800) A RESOLUTION authorizing execution of a contract with
Wilbur Smith Associates, Inc., for engineering design services for the preparation
of a detailed traffic and engineering analysis relating to the proposed interchange
linking the Riverside Centre for Research and Technology project area to the Roy
L. Webber Expressway (Route 220), upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 63, page 463.)
Mr. Harris moved the adoption of Resolution No. 35062-091800.
was seconded by Mr. Hudson and adopted by the following vote:
The motion
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None ...............................................................................-0.
CITY CODE-REFUSE COLLECTION: The City Manager submitted a written
report advising that Council was briefed at its August 7, 2000, meeting with regard
to proposed changes in the City's solid waste collection program; specific changes
are proposed in the collection of bulk items and brush, recycling and curbside
collection; implementation of automated and semi-automated refuse collection in
recent years has necessitated some changes in ordinances that reflect the
modernization of solid waste practices; and Citizen Advisory Committees were
appointed in recent years to help identify other solid waste collection concerns
which included such issues as the time of day by which containers must be removed
from the street and the location at which containers should be stored.
154 -
A summary of the proposed changes is as follows:
Current Proposed
Definitions related to solid waste program Provides up-to-date definitions of solid waste
components are outdated program components
Trash containers are to be removed by 7:00 Trash receptacles are to be removed by 7:00
p.m. on the day of collection a.m. on the day following collection
No location specified for trash containers Trash and recycling containers shall be stored
(between dates of collection) no closer to the street than the principal
building (between dates of collection)
CBD collection 5 nights per week; placed
between 5:00 p.m. and 8:00 p.m.
Bulk item collection scheduled and provided
upon request
No provision for residents to take bulk items
or brush to a designated location.
CBD collection 6 nights per week; placed
between 5:00 p.m. and 9:00 p.m.
Bulk item collection provided on a regular
schedule
City residents may take up to 12 pick-up truck
loads of bulk items and brush per calendar
year to the Tinker Creek Transfer Station, free
of charge.
The City Manager recommended that Council adopt the proposed revisions.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency ordinance:
(#35063-091800) AN ORDINANCE repealing Chapter 14, GARBAGE AND
REFUSE, enacting new Chapter 14.1, SOLID WASTE MANAGEMENT, of the Code of
the City of Roanoke (1979), as amended, to update the regulation of solid waste
collection; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 463.)
Mr. Hudson moved the adoption of Ordinance No. 35063-091800. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................. 7.
NAYS: None ............. 0.
155
BUDGET-RECYCLING-EQUIPMENT: The City Manager submitted a written
report concurring in a report of the bid committee in connection with the purchase
of recycling containers.
It was advised that the Solid Waste Management program for collection of
recyclables will expand in November, 2000, to include the remaining citizens in
curbside co-mingled collection of recyclables; additional recycling containers will
permit regularly scheduled, bi-weekly pick up of recyclables on all streets; and
expansion of the program requires the addition of 27,000 -22 gallon recycling bins.
The Bid Committee and the City Manager recommend that Council authorize
issuance of a purchase order for 27,000 recycling containers to SCL A-1 Plastics
LTD., in accordance with City of Roanoke specifications, appropriate $121,230.00
from CMERP to Account No. 001-530-4211-2035 (Solid Waste Recycling - Expendable
Equipment (5,000), said funding having been included in a prior year Capital
Maintenance and Equipment Replacement Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35064-091800) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 477.)
Mr. Harris moved the adoption of Ordinance No. 35064-091800. The motion
was seconded by Mr. Carder.
Ms. Wyatt advised that she is not opposed to recycling; however, in reviewing
funds expended by the City over previous years for recycling, it costs $10,000.00 per
household practicing recycling which is an exorbitant price to pay. She called
attention to other methods of recycling that are less expensive and more efficient
and for the City to continue with a program that is not working, $10,000.00 per
household is a waste of taxpayer's money.
AYES: Council Members White, Bestpitch, Carder, Harris, Hudson and Mayor
Smith .......................................................................................................... -6.
NAYS: Council MemberWyatt ................................................................1.
Mr. Harris offered the following emergency ordinance:
156 -
(#35065-091800) AN ORDINANCE accepting the bid of SCL A-1 Plastics LTD.
for 27,000 recycling containers, upon certain terms and conditions and awarding a
contract therefor; authorizing the proper City officials to execute the requisite
contract for such items; rejecting all other bids made to the City for the items; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 478.)
Mr. Harris moved the adoption of Ordinance No. 35065-091800. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Bestpitch, Carder, Harris, Hudson and Mayor
Smith ........................................................................................................... -6.
NAYS: Council MemberWyatt ............................................................... 1.
POLICE DEPARTMENT-BUDGET:: The City Manager submitted a written report
advising that in 1986, Congress authorized the transfer of certain Federally forfeited
property to State and local law enforcement agencies that participated in the
investigation and seizure of the property; application for an equitable share of
property seized by local law enforcement must be made to the U. S. Department of
Justice and certified by the City Attorney; and the property, including funds shared
with State and local agencies, may be used only for the purpose stated in the
application, i.e., narcotics investigations related to law enforcement.
It was further advised that participation in Federal forfeited property enhances
the effectiveness of narcotics investigations by providing necessary investigations
equipment, investigative funds, overtime expenses, and offsets the costs that would
otherwise have to be borne by the City's taxpayers; the Police Department receives
funds periodically from the Federal Government's asset sharing program; grant
requirements provide that the funds be placed in an interest bearing account, with
earned interest to be used in accordance with program guidelines; and revenues
totaling $57,928.00 have been collected and are available for appropriation in the
Grant Fund, Account Nos. 035-640-3304-3305 and 035-640-3304-3306.
The City Manager recommended that Council authorize appropriation of
$57,928.00 to the Grant Fund account, Investigations and Rewards, Account No. 035-
640-3304-2150, and increase the Grant Fund revenue estimate in Account No. 035-
640-3304-3305 by $54,468.00 and Account No. 035-640-3304-3306 by $3,460.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
157
(#35066-091800) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 479.)
Mr. Hudson moved the adoption of Ordinance No. 35066-091800. The motion
was seconded by Mr. White and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith .............................................................................................. -7.
NAYS: None ............................................................................................ -0.
BUDGET-GRANTS-LIBRARIES-EQUIPMENT: The City Manager submitted a
written report advising that the Roanoke Public Library has been awarded an
assistive technology grant by the Library of Virginia under the Federal Library
Services and Technology Act, State Administered Program; the grant of $9,000.00
will be used to purchase eight 21-inch computer monitors that will enhance the
ability of individuals with Iow vision to view the Internet and other electronic
resources at each City library location; grant funds must be expended by
September 30, 2001; and there is a required one-to-one match for the funds which
is available in the Library's Telephone Account No. 001-650-7310-2020.
The City Manager recommended that Council authorize transfer of funds in the
amount of $9,000.00 from the Library's Telephone Account No. 001-650-7310-2020
to the General Fund, Transfer to Grant Fund Account No. 001-250-9310-9535,
appropriate $18,000.00 to Grant Fund Expendable Equipment Account No. 035-650-
5029-2035, and authorize revenue estimates of $18,000.00 in accounts to be
established by the Director of Finance in the Grant Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35067-091800) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 480.)
158 -
Mr. Harris moved the adoption of Ordinance No. 35067-091800. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................ -0.
HEALTH DEPARTMENT-BUDGET-HUMAN DEVELOPMENT: The City Manager
submitted a written report advising that the Roanoke City Department of Social
Services and the State Health Department entered into an agreement in 1994 to
establish an Eligibility Worker position through the Department of Social Services
to be located at the Roanoke City Health Department to assure that all citizens have
an opportunity to apply for Medicaid; and the Agreement remains in effect until
modified by mutual consent or operation of law.
It was further advised that there is no local cost for this position, with
approximately 50% of the cost to be reimbursed from Federal Medicaid
administrative funds and the Health Department will reimburse the remaining cost;
and the Roanoke City Health Department is pleased with the results of having this
position on location and wishes to continue the services.
The City Manager recommended that she be authorized to continue the
services of the Outstationed Eligibility Worker at the Health Department, in
accordance with the original agreement, and that Council appropriate $32,327.00 for
fiscal year 2000-01 to certain revenue and expenditure accounts to be established
in the Grant Fund by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#35068-091800) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 482.)
Mr. Hudson moved the adoption of Ordinance No. 35068-091800. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................. -7.
NAYS: None ......................................................................................... 0.
159
Mr. Harris offered the following Resolution:
(#35069-091800) A RESOLUTION authorizing the City Manager to continue the
services of the Outstationed Eligibility Worker at the Roanoke City Health
Department, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 63, page 483.)
Mr. Harris moved the adoption of Resolution No. 35069-091800. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... 0.
REPORTS OF COMMITTEES:
COMMITTEES-COMMUNITY PLANNING-CONSULTANTS REPORTS: A report
of the City Planning Commission advising that over the past few months, Council
has authorized funding for, and was briefed on, the City's development of a new
Comprehensive Plan; Hutton Associates, Jinni Benson, and Hill Studio have been
hired to assist the City with this important planning effort; as a part of the planning
program and the City's commitment to participatory government, an intensive citizen
participation process was developed by City staff and members of the City Planning
Commission's Long Range Planning Committee; and during the next nine months,
citizens will have an opportunity to participate in development of the plan in
numerous ways, including a Citizens Advisory Committee, working Task Teams, and
various public workshops.
It was further advised that as the first step in this important planning project,
the Planning Commission is recommending that 30 citizens, along with two City
Planning Commission members, be appointed by Council to the Citizens Advisory
committee; this Committee represents a broad diversity of persons in the
community who have expressed an interest in serving on Committee or on working
Task Teams; over 150 persons have expressed a interest in working on the
Committee and Task Teams; and on August 28, 2000, the City Planning Commission
held a special meeting to review applications and to make recommendations for the
Citizens Advisory Committee for formal appointment by Council.
It was noted that the Citizens Advisory committee also includes an Executive
Committee composed of the Chair, Vice-Chair, and Chairs of each of the working
Task Teams which will serve an important role in development of issues and
strategic planning for implementing future policies and programs; any applicant who
160 -
was not selected to serve on the Citizens Advisory Committee will be asked to serve
on a working Task Team; and the working teams will include a Planning Commission
member, planning staff, relevant City staff with expertise in that area, and any
citizens who wish to participate.
The City Planning Commission recommended that Council appoint the
following persons and two Planning Commission members to the Vision 2001
Citizens Advisory Committee:
Walter Rugaber (Chair)
Brenda L. McDaniel (Vice-Chair)
Carolyn Coles (Housing and Neighborhoods Chair)
Fredrick M. Williams (Infrastructure Chair)
Carl D. Cooper (Public Services Chair)
Steve Lemon (Economic Development Chair)
Paula L. Prince (People Chair)
Talfourd H. Kemper, Jr. (Quality of Life Chair)
Kevin A. Deck (City Design Chair)
Matthew Kennel
Dan Smith
Elvah D. Taylor
Mary C. Knapp
Tom Pettigrew
Daniel E. Karnes
Susan L. Willis
Jeanne H. Pedigo
Patrick N. Shaffner
J. Lee E. Osborne
Pearl Fu
John P. Bradshaw, Jr.
David W. Davis, III
Beth Doughty
James M. Turner, Jr.
Kevin Kays
Jonathan K. Wolfe
Jeannette D. Manns
Erin Garvin
Mark McConnel
Brian M. Shepard
Richard Rife (Planning Commission Member)
Robert Manetta (Planning Commission Member)
Mr. Harris moved that Council concur in the recommendation of the City
Planning Commission. The motion was seconded by Mr. Carder.
161
Ms. Wyatt advised that the Vision process of the City has heretofore been the
property of the City Council and she was not aware that Council had relinquished
that responsibility to the City Planning Commission.
With regard to Vision 2001, the City Manager advised that the City Planning
Commission, Planning staff and consultants to the City Planning Commission
prepared a recommendation that they receive applications and recommend a group
of 30+ citizens to serve on an advisory committee, which information was shared
with Council at its planning retreat in July 2000. She added that Council gave
specific instructions that it wanted diversity represented in the recommendations;
i.e.: to reflect racial and sexual distribution, social and economic status,
representation from the four quadrants of the City, and Council indicated a
willingness for persons who do not necessarily live in the City but participate in City
and valley activities to be included in the process. She advised that Council
members were requested to make recommendations on potential nominees and
those recommendations were considered and added to the membership of the
advisory committee.
Mr. Manetta advised that the Long Term Subcommittee of the City Planning
Commission was asked to review 150 applications and their directive from the City
Manager was to attempt to reach all of the balances and to involve new people in the
process who had not otherwise been involved, and the subcommittee met on
numerous occasions in an effort to recommend an advisory committee that met the
suggested criteria. He pointed out that 30 members were recommended by the
consultants for the advisory committee, however, that number does not represent
the entire planning process since additional committees will be appointed to review
specific issues such as quality of life, transportation, economy, infrastructure, etc.,
which will involve additional persons by drawing from the original list of 150 who
applied for appointment. He advised that there is a wide variety of work to be done
and the responsibility of the advisory committee is to coordinate the work.
Ms. Wyatt advised that when Council met in July, she agreed to address
specifically the Comprehensive Plan; however, the City Planning Commission's
report addresses a vision for the entire City. She further advised that her intent was
to revisit the current Comprehensive Plan and determine where the document was
in need of attraction or change. She stated that she does not want to leave the
vision of the City of Roanoke to 31 citizens of the community, because what the City
should be and its vision should have far more input than that of a 30 member
advisory committee. She added that Council has a responsibility to take the lead
and the role in fashioning the vision process for the City of Roanoke.
For the above reasons, Ms. Wyatt offered a substitute motion that the matter
be tabled pending further discussion by Council. The motion was seconded by Mr.
Hudson.
162 -
Mr. Carder advised that the City Planning Commission has recommended
what Council agreed to at its July retreat, because Vision 2001 is the City's
Comprehensive Plan. He clarified that the 30 member advisory committee will act
as a steering committee and from the steering committee, subcommittees will be
appointed composed of additional citizens.
Mr. Bestpitch advised that he was not in favor of tabling the matter, given the
present time lines for the process. He stated that Council discussed the matter at
its July planning retreat; however, he was concerned that Council was not afforded
the opportunity to discuss appointments during the closed meeting process. He
added that the message he would like to send to City staff is that in the future,
Council should be given the opportunity to talk among itself as Council Members
regarding prospective committee appointments before being called upon to vote on
an issue.
The Mayor advised that at the July 2000 Council planning retreat, he provided
the names of certain individuals, however, those names are not included on the
proposed list of nominees for the advisory committee.
Mr. White advised that to begin the process without the support of the entire
Council would be a mistake. He further advised that Ms. Wyatt has asked that the
matter be tabled for the purpose of further discussion by Council which will provide
a much better chance for the process to be successful, and, for that reason, he
stated that he intended to support the motion to table.
Mr. Harris advised that the City Planning Commission is the guardian of the
City's Comprehensive Plan, members have acted most appropriately in providing
Council with a review process, including the list of potential members of an advisory
committee, therefore, he expressed appreciation for the work of the City Planning
Commission. He stated that he was not in favor of tabling the matter, Council will
have the opportunity to add additional names to the steering committee orto provide
names for the task forces, the 30 names recommended to Council for the advisory
committee do not represent the last vote on the Comprehensive Plan, but will guide
the direction for a large number of citizens who will be involved in the process, and
the ultimate decision will rest with the Members of Council regarding the finality of
the Comprehensive Plan.
Ms. Wyatt advised that she was not opposed to any of the persons listed as
nominees to the advisory committee, nor was she opposed to the Comprehensive
Plan; however, she stated that there is a need for clarification. She added that if
something is done with discord at its inception, the process is tainted from the
beginning.
At 4:05 p.m., the Mayor declared the meeting in recess.
The Council meeting reconvened at 4:15 p.m., with all Memb~
in attendance, Mayor Smith presiding.
Ms. Wyatt withdrew her substitute motion to table the matte
withdrew his second to the substitute motion.
Mr. Harris, maker of the original motion to concur in the re¢
the City Planning Commission, withdrew his motion, and Mr. Ca~
second to the motion.
Mr. Harris requested that the comments by Council Memb~
the City Manager and to the City Planning Commission for furthe
report to Council.
Without objection by Council, the Mayor advised that the
referred to the City Manager and to the City Planning Commission~
UNFINISHED BUSINESS: None.
INTRODUCTION
RESOLUTIONS:
AND
CONSIDERATION OF ORD
CITY PROPERTY-JEFFERSON CENTER-LEASES: Ordim
authorizing extension of the term of the existing lease between th~
and the Jefferson Center Foundation, Ltd., to provide for a new ter~
2041, for property known as the Jefferson Center and adjacent gr,
540 Campbell Avenue, S. W., including the adjacent parking lot
S. W., having previously been before the Council for its first rea
September 5, 2000, read and adopted on its first reading and lai¢
before the body, Mr. Hudson offering the following for its second
adoption:
(#35047-091800) AN ORDINANCE authorizing the extensi¢
lease between the City of Roanoke and the Jefferson Center Foum
lease of property known as the Jefferson Center and adjacent gro~
Campbell Avenue, S. W., including the adjacent parking lot on Lu
(For full text of Ordinance, see Ordinance Book No. 63, page 449.
Mr. Hudson moved the adoption of Ordinance No. 35047-091
was seconded by Mr. White and adopted by the following vote:
163
..rs of the Council
and Mr. Hudson
ommendation of
der withdrew his
;rs be referred to
r discussion and
matter would be
for further report.
INANCES AND
~nce No. 35047,
; City of Roanoke
~ ending May 31,
=unds, located at
=n Luck Avenue,
ding on Monday,
over, was again
~eading and final
,n of an existing
lation Ltd. for the
Jnds, lying at 540
ck Avenue, S. W.
100. The motion
164 -
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ....................................................................................... -7.
NAYS: None 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
COUNCIL-CITYATTORNEY-DIRECTOR OF FINANCE-CITY CLERK-MUNICIPAL
AUDITOR: Mr. Hudson advised that at the Council meeting on Monday,
August 21, 2000, Council tabled the question of reappointing certain Council
Appointed Officers, i.e.: City Attorney, Director of Finance, City Clerk and Municipal
Auditor whose terms of office will expire on September 30, 2000; whereupon, he
moved that the matter be removed from the table. The motion was seconded by
Mr. Harris and unanimously adopted.
Mr. Hudson moved that William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; Mary F. Parker, City Clerk; and Robert M. Bird, Municipal
Auditor, be reappointed to their respective positions for terms of two years, each,
commencing October 1, 2000, and ending September 30, 2002. The motion was
seconded by Mr. White.
Mr. Bestpitch offered a substitute motion that Council convene in Closed
Meeting to discuss a personnel matter with regard to reappointment of certain
Council Appointed Officers, pursuant to Section 2.1-344 (A) (1), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Carder and adopted by the
following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson and
Mayor Smith .......................................................................................... -7.
NAYS: None 0.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
At 4:25 p.m., the Mayor declared the meeting in recess.
At 5:00 p.m., the meeting reconvened in the William Ruffner Middle School
Cafeteria, with Mayor Smith presiding, and all Members of the Council in attendance.
165
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................... 7.
NAYS: None 0.
DIRECTOR OF FINANCE-CITY CLERK-CITY ATTORNEY-MUNICIPAL AUDITOR:
Mr. Hudson moved that the following Council-Appointed Officers be reappointed for
terms of two years, each, commencing October 1, 2000 and ending
September 30, 2002.
The motion was seconded by Mr. White and unanimously adopted.
City Attorney -
Director of Finance -
City Clerk -
Municipal Auditor -
William M. Hackworth
James D. Grisso
Mary F. Parker
Robert H. Bird
There being no further business, at 5:05 p.m., the Mayor declared the meeting
in recess until 7:00 p.m., in the William Ruffner Middle School Cafeteria.
On Monday, September 18, 2000, at 7:00 p.m., the Roanoke City Council
reconvened in regular session in the William Ruffner Middle School Cafeteria, 3601
Ferncliff Avenue, N. W., City of Roanoke, with the following Council Members in
attendance, Mayor Smith presiding.
PRESENT: Council Members William White, Sr., Linda F. Wyatt, William D.
Bestpitch, William H. Carder, W. Alvin Hudson, Jr. and Mayor Ralph K. Smith ......... 6.
ABSENT: Council Member C. Nelson Harris ............................................. 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The reconvened meeting was opened with a prayer by Council Member
William D. Bestpitch.
166
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday,
September 18, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard,
on the request of Jack M. Allara, II, and Maria D. Allara, to substitute proffered
conditions on a certain tract of land containing 0.40 acre, more or less, lying at the
southeast corner of the intersection of Peters Creek Road and Lewiston Street,
N. W., located at 3509 Peters Creek Road, designated as Official Tax No. 6421133;
and to repeal the proffered conditions provided for in Ordinance No. 29414 adopted
on January 17, 1989, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 1, 2000, and Friday, September 8, 2000.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the tract of land was
conditionally rezoned in 1989 from RS-1 to C-1 for construction of a bank; and the
petitioner is now requesting an amendment of existing proffered conditions to repeal
the existing proffer and to proffer additional conditions, was before Council.
The City Planning Commission recommended that Council approve repeal of
the existing proffer and substitution of the new proffers set forth in the First
Amended Petition submitted on August 22, 2000. It was advised that development
of professional offices will not create additional impacts beyond what was proposed
on the original proffered site plan; the site, presently zoned C-1, with conditions, has
little development potential for residential use; and impacts on adjacent residential
areas will be minimized by buffering requirements.
(For full text, see report on file in the City Clerk's Office.)
Edward A. Naif, Attorney, appeared before Council in support of the request
of his clients.
Mr. White moved that the following ordinance be placed upon its first reading:
167
(#35070) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of
Roanoke (1979), as amended, and Sheet No. 642, Sectional 1976 Zone Map, City of
Roanoke, in order to amend certain conditions presently binding upon certain
property previously conditionally zoned C-1, Office District.
(For full text of Ordinance, see Ordinance Book No. 63, page 497.)
The motion was seconded by Mr. Hudson.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request. There being none, Ordinance No. 35070 was
adopted, on its first reading, by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Hudson and Mayor
Smith ............................................................................................................ -6.
NAYS: None ........................................................................................ 0.
(Council Member Harris was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday,
September 18, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard,
on the request of Azile S. DelPierre that certain property located at 3806 Thirlane
Road, N. W., designated as Official Tax No. 6520105, be rezoned from RA,
Residential Agricultural District, to LM, Light Manufacturing District, subject to
certain conditions proffered by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 1, 2000, and Friday, September 8, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the petitioner owns
approximately 3.5 acres of land at 3806 Thirlane Road, N. W.; the property is zoned
RA, Residential Agricultural District; and Crawford Development Company, LLC, is
currently negotiating with the petitioner to purchase the property for use as an office
and industrial park, similar in use and character to the nearby Valley Pointe
development, was before Council.
The City Planning Commission recommended that Council approve the
request for rezoning, subject to certain proffered conditions as set forth in the First
Amended Petition to Rezone dated August 31, 2000.
(For full text, see report on file in the City Clerk's Office.)
168 -
C. Michael Pace, Attorney, appeared before Council in support of the request
of his client.
Mr. Hudson moved that the following ordinance be placed upon its first
reading:
(#35071) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 652, Sectional 1976 Zone Map, City of Roanoke,
to rezone certain property within the City, subject to certain conditions proffered by
the applicant.
(For full text of Ordinance, see Ordinance Book No. 63, page 498.)
The motion was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request. There being none, Ordinance No. 35071 was
adopted, on its first reading, by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Hudson and Mayor
Smith ........................................................................... 6.
NAYS:
(Council Member Harris was absent.)
CITY CODE-ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Monday, September 18, 2000, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of Adam J. Cohen to amend Section 36.1-25, Definition,
to include a definition for a single-family attached dwelling; and Section 36.1-127,
special exception uses in the RM-2, Residential Multi-family, Medium Density
District, and Section 36.1-186, special exception uses in the C-1, Office District,
Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to permit
single-family attached dwellings by special exception, the matter was before the
body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 3, 2000, and on Friday, November 10, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
169
A report of the City Planning Commission advising that the petition is a
revision of a previous request from Mr. Cohen to amend the Zoning Ordinance to
create a new definition for two-unit townhouse dwellings; rather than proceed to City
Council with an unfavorable recommendation, Mr. Cohen chose to amend his
petition, thus, the revised petition requests an amendment to the City's zoning code
to create a new definition for single-family attached dwellings, with such dwellings
permitted by special exception in the RM-2, Residential Multifamily, Medium Density
District, and the C-1, Office District, was before Council.
The City Planning Commission recommended that no change be made to the
existing zoning code, because existing code provisions support housing
recommendations as set forth in the City's Comprehensive Plan.
(For full text, see report on file in the City Clerk's Office.)
In view of certain legal advertising technicalities, Ms. Wyatt moved that action
on the matter be deferred until the regular meeting of Council on Monday,
October 16, 2000, at 7:00 p.m., at Fallon Park Elementary School. The motion was
seconded by Mr. Hudson and adopted.
BONDS/BOND ISSUES-CAPITAL IMPROVEMENTS PROGRAM-SCHOOLS:
Pursuant to instructions by Council, the City Clerk having advertised, a public
hearing to be held on Monday, September 18, 2000, to consider adoption of a
resolution, or resolutions, approving issuance by the City of its general obligation
bonds, in an amount estimated not to exceed $1,900,000.00 for the purpose of
financing certain capital improvements in connection with Preston Park Primary
School; hands in an amount estimated not to exceed $1,900,000.00 for the purpose
of financing certain capital improvements in connection with Grandin Court
Elementary School; and hands in an amount estimated not to exceed $2,750,000.00
for the purpose of financing certain capital improvements in connection with Garden
City Elementary School, the matter was before the body.
The Mayor inquired if there were persons in attendance who would like to
address the matter. There being none, the Mayor declared the public hearing closed.
DOWNTOWN NORTH-HENRY STREET REVIVAL COMMITTEE-STREETS AND
ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday,
April 6, 1981, the City Clerk having advertised a public hearing for Monday,
September 18, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard,
on the request of the City of Roanoke for determination that proposed street and
alley closures in the Greater Roanoke Gainsboro Redevelopment Areas, as well as
public infrastructure improvements illustrated in the Henry Street Master Plan, are
substantially in accord with the City's adopted Comprehensive Plan, the matter was
before the body.
170 -
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 1, 2000, and on Friday, September 8, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the Planning
Commission found the subject public improvements to be substantially in accord
with the Comprehensive Plan and the Planning Commission recommends that
Council make the same finding, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder offered the following Resolution:
(#35072-091800) A RESOLUTION approving the proposed public infrastructure
improvements illustrated in the Henry Street Master Plan as being substantially in
accord with the City's Comprehensive Plan, Roanoke Vision.
(For full text of Resolution, see Resolution Book No. 63, page 484.)
Mr. Carder moved the adoption of Resolution No. 35072-091800. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Hudson and Mayor
Smith ........................................................................................................ -6.
NAYS: None.
(Council Member Harris was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Monday, September 18, 2000, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of the City of Roanoke that a variable length and width
portion of Shenandoah Avenue, N. W., extending in a westerly direction from
Williamson Road, N. W., be premanently vacated, discontinued and closed, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 1, 2000, and on Friday, September 8, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
171
A report of the City Planning Commission recommending that Council
approve the request to close and permanently vacate the above described portion
of Shenandoah Avenue, N. W., subject to certain conditions, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson moved that the following ordinance be placed upon its first
reading:
(#35073) AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 63, page 499.)
The motion was seconded by Mr. White.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request. There being none, Ordinance No. 35073 was
adopted, on its first reading, by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Hudson and Mayor
Smith ............................................................................................................ -6.
NAYS: None .................................................................................. -0.
(Council Member Harris was absent.)
CITY CODE-ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Monday, September 18, 2000, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of the City of Roanoke for consideration of a proposed
amendment to Section 36.1-393, Neighborhood Design District, Chapter 36.1, Zoning,
Code of the City of Roanoke (1979), as amended, to provide for design standards for
new construction that will apply to any neighborhood that is zoned ND,
Neighborhood Design District, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 1, 2000, and on Friday, September 8, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
172 -
A report of the City Planning Commission advising that the proposed zoning
ordinance amendments relating to the above reference City Code Sections should
not be adopted as presently drafted due to a minor editing error, and recommending
that the amendments be referred back to the City Planning Commission for further
consideration and recommendation to City Council, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bestpitch moved that the matter be referred back to the City Planning
Commission for further study, report and recommendation to Council. The motion
was seconded by Mr. Carder and adopted.
CITY CODE-TAXES-LEGISLATION-UTILITIES: Pursuant to instructions by
Council on Tuesday, September 5, 2000, the City Clerk having advertised a public
hearing for Monday, September 18, 2000, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the request of the City of Roanoke for consideration of a
proposed amendment to Chapter 32, Taxation, of the Code of the City of Roanoke
(1979), as amended, to repeal Article VII, Tax on Purchase of Utility Services; to
enact a new Article VII.l, Tax on Purchase of Utility Services, and to amend Section
19-76, Public Service Companies, as amended, to comply with recently passed
legislation by the Virginia General Assembly deregulating the electric and gas
industries in the State, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, September 10, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
A joint report of the City Manager and the Director of Finance advising that the
Virginia General Assembly passed legislation deregulating the electric and gas
industries in the state; accordingly, localities in Virginia, including the City of
Roanoke, are required to amend their consumer utility tax and utility license tax
ordinances before October 31,2000; with deregulation, electricity and gas services
will be "unbundled" wherein the generator of energy will be separated from the
deliverer of energy; consumers will have the option of purchasing their electricity
or gas service from a choice of different companies; these generators or suppliers
of energy may be located outside of Virginia; Federal law prohibits local
governments from requiring out-of-state companies to collect the tax from residents
and businesses in its present form; and for this reason, the tax basis must be
changed from a percentage of the dollar amount paid by the consumer to a tax
based on the amount of energy consumed.
173
It was further advised that studies have estimated that if the industry were
deregulated without modifying State and local tax structures, total revenue loss
would be $200 million and one half or $100 million would be local revenue loss; the
only way to ensure that local governments do not lose substantial revenue in a
deregulated environment is to change the basis of the tax to consumption, i.e.
kilowatt hours for electricity or 100 cubic feet for gas; and it is important to note that
while the method for calculating the consumer utility tax will change, the amount of
consumer utility tax that a consumer pays each month on their electric or gas bill
should remain virtually the same.
It was explained that the City of Roanoke currently collects a Utility License
Tax at the rate of $.40 per $100.00 of gross receipts which rate has been in effect
since 1980; the maximum tax allowed by State law is one half of one per cent or $.50
of $100.00; the maximum tax amount will be collected State-wide from all consumers
on January 1, 2001; if the City of Roanoke does not raise its tax rate to the State's
maximum tax rate, the State will collect and retain the difference between the City's
current rate and the maximum rate in the State's general fund.
It was noted that the increase in the utility license tax from $.40 per $100.00
of gross receipts to one half of one per cent ($.50 per $100.00) will result in a
nominal amount of revenue, however, if the change is not made, all citizens will pay
the tax at the higher rate and the State's general fund will retain the difference
between the City's rate and the State's allowable maximum rate; if changes to the
consumer utility tax and the utility license tax are not made, the City of Roanoke
could lose $8 million annually because the present authority to levy the tax lapses
on December 31, 2000; historically, the City of Roanoke has achieved tax revenue
growth due to utility company rate increases; with the new tax structure being based
on consumption units, tax growth will not occur from utility rate increases; and the
Code of Virginia prohibits any local tax rate adjustments until after January 1,2004.
It was advised that any locality that has not changed its local consumer utility
tax ordinance by October 31, 2000, risks losing consumer utility tax revenue
because the present authority to levy this tax lapses on December 31,2000; that 60
days notice is required to be given to electric and gas companies; if the City of
Roanoke does not increase its utility license tax to the maximum rate before
December 31, 2000, a portion of the new, State-wide consumption tax paid by City
residents and businesses that is supposed to be returned to the City of Roanoke will
instead be paid to and retained by the State; and the Code of Virginia requires that
a public hearing must occur prior to final amendment to the consumer utility tax and
utility license tax ordinances, even though technically the consumer utility tax rate
change is not a rate increase.
174 -
The City Manager and the Director of Finance recommended that Council
adopt an ordinance amending the electric and gas consumer utility tax, in
accordance with recently passed State deregulation legislation and the utility license
tax to provide for the State allowable maximum tax.
(For full text, see report on file in the City Clerk's Office.)
Mr. Bestpitch offered the following emergency ordinance:
(#35074-091800) AN ORDINANCE repealing Article VII, Tax on Purchase of
Utility Services, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979),
as amended; and enacting new Article VII.I, Tax on Purchase of Utility Services, of
Chapter 32, Taxation, of the Code of the City of Roanoke, (1979), as amended, to
provide for electric, gas, water, and telephone utility taxation, in accordance with
recently passed legislation; providing for an effective date; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 485.)
Mr. Bestpitch moved the adoption of Ordinance No. 35074-091800. The motion
was seconded by Mr. Carder. The Mayor inquired if there were persons present who
would like to address the matter. There being none, Ordinance No. 35074 was
adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Hudson and Mayor
Smith ...................................................................................................... -6.
NAYS: None .... --- ..................................................................... -0.
(Council Member Harris absent.)
Mr. Bestpitch offered the following emergency ordinance:
(#35075-091800) AN ORDINANCE amending and reordaining §19-76, Public
Service Companies, of Article III, of Chapter 19, License Tax Code, of the Code of the
City of Roanoke (1979), as amended, to provide for an increase in the utility license
tax to the maximum rate, pursuant to the provisions of the foregoing article; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 495 .)
175
Mr. Bestpitch moved the adoption of Ordinance No. 35075-091800. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Hudson and Mayor
Smith ........................................................................................................ -6.
NAYS: None .................................................................................... -0.
(Council Member Harris was absent.)
OTHER HEARING OF CITIZENS:
COMPLAINTS-POLICE DEPARTMENT: The following persons addressed
Council in connection with the death of Mr. James Minor, who lost his life as the
result of injuries he sustained in a motorcycle accident on September 10, 2000, after
alluding police officers who were trying to stop him for speeding. They requested
an investigation into the actions of the Police Department through appointment of
a citizens review panel.
Wayne Jones -
Robert D. Gravely -
Martin Jeffrey -
Carolyn Bumbry -
Cameron Wright -
Lex Hairston -
Maxine Joiner -
Eric Minor -
Mondrego Minor -
The Reverend Joe Mayo -
Margaret Patterson -
Bishop Manns -
Carlisa Ford-Minor -
127 Patton Avenue, N. E.
1412 Moorman Road, N. W.
517 Rutherford Avenue, N. W.
2042 Gandy Drive, N. W.
2101 Andrews Road, N. W.
236 Cherry Hill Road, N. W.
1705 Lonna Drive, N. W.
819 7th Street, N. W.
3000 Gary Lane, N. W.
501 19th Street, N. W.
414 4th Street, N. W.
627 Orange Avenue, N. W.
1916 Melrose Avenue, N. W.
At 8:20 p.m., the Mayor declared the meeting in recess until Monday,
September 25, 2000, at 5:00 p.m., at which time City Council and staffwill participate
in a tour of the Washington Park neighborhood and the abutting portion of the
Williamson Road neighborhood.
Mr. Bestpitch requested that the City Manager provide an overview as to the
status of the Citizens Review Panel.
The City Manager called attention to a previous recommendation which was
concurred in by Council with regard to establishment of a Citizens Review Panel,
with participants of the panel to be graduates of the Citizens Police Academy and
176 -
selection of individuals to serve will be decided on an alphabetical basis. She further
advised that the panel will hear disciplinary matters related to police complaints and
also serve as a part of the panel for new police recruits. She stated that although
the Citizens Review Panel has been approved by Council, it has not been activated.
Mr. Bestpitch moved that all remarks be referred to the City Manager, that
Council request appointment of a Citizens Review Panel, pursuant to the procedure
outlined by the City Manager, and that the Citizens Review Panel be requested to
conduct an investigation into the death of Mr. James Minor.
The Mayor advised that matters heard under Other Hearings of Citizens are
automatically referred to the City Manager; however, Mr. Bestpitch objected to the
process in this instance and requested that the matter be formally referred by
Council to the City Manager as more fully set forth in his motion.
The Mayor inquired if there was a second to the motion offered by Mr.
Bestpitch. There being none, the motion died for lack of a second.
(Items addressed under Other Hearings of Citizens are automatically referred to the
City Manager.)
The regular meeting of Roanoke City Council which was held on Monday,
September 18, 2001 and recessed until Monday, September 25, 2001, reconvened at
5:00 p.m., in the parking lot adjacent to the Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke, at which time Council Members boarded a
bus en route to the Washington Park/Southern Williamson Road area, with Mayor
Ralph K. Smith presiding.
PRESENT: Council Members William White, Sr., Linda F. Wyatt, William H.
Carder, W. Alvin Hudson, Jr., and Mayor Ralph K. Smith ....................................... 5.
ABSENT: Council Members William D. Bestpitch and C. Nelson Harris ......... -2.
OTHERS PRESENT: Darlene L. Burcham, City Manager; Mary F. Parker, City
Clerk; Robert H. Bird, Municipal Auditor; George C. Snead, Jr., Assistant City
Manager for Community Development, Evelyn S. Lander, Director of Planning and
Community Development; Elizabeth Neu, Director of EconomiC Development;
Philip C. Schirmer, City Engineer; John Reed, Civil Engineer II; Robert K. Bengtson,
Director of Public Works; Delores D. Daniels, Community Relations Coordinator;
Christopher L. Chittum, City Planner II; Christopher L. Slone, Public Information
Officer; A. L. Gaskins, Chief of Police; and James W. Settle, Neighborhood Planner.
177
COUNCIL-NEIGHBORHOOD ORGANIZATIONS-ROANOKE NEIGHBORHOOD
PARTNERSHIP: At 5:15 p.m., the bus departed from the Noel C. Taylor Municipal
Building en route to Addison Middle School where neighborhood representatives
joined the group.
It was advised by neighborhood planners that issues facing the Washington
Park/Southern Williamson Road area include Lincoln 2000 which involves
improvements to the housing development and Washington Park area; the potential
for rental inspections in the area which requires expansion of the Rehabilitation
District by Council; the potential for a neighborhood district which requires
expansion of the Rehabilitation District by Council and inclusion in the
neighborhood plan; infrastructure improvements on 10th Street; ground has been
broken for Williamson Road improvements and general streetscape improvements;
quality of life issues involve Washington Park and the Catholic Diocese and the
caretaker's house in Washington Park; the Washington Park neighborhood would
like to see the Shadeland Avenue property turned into a park; the proposed Lick Run
Greenway through Washington Park, the Shadeland Avenue property and across
10th Street; and public service includes issues regarding over grown properties and
a wooded lot on 10th Street which is a problem area; the new police satellite office
on Williamson Road; disturbances at the Town Motel on Williamson Road leading
to police calls; a focus on the Hunt Manor Housing development by police for
alleged drug activity; and the general relationship between commercial and
residential areas.
(See map of tour area on file in the City Clerk's Office.)
At 6:45 p.m., the bus returned to the Noel C. Taylor Municipal Building at
which time the Mayor declared the regular meeting of the Roanoke City Council for
Monday, September 18, 2000, which meeting was declared in recess until Monday,
September 25, 2000, at 5:00 p.m., adjourned.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
178
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 2, 2000
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
October 2, 2000, at 12:15 p.m., the regular meeting hour, in the Emergency
Operations Center Conference Room, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding,
pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of
Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as
amended, and Resolution No. 35000-080701 adopted on August 7, 2000.
PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch, William H.
Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr. and Mayor Ralph K.
Smith ............................................................................................................ 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Deputy City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
ROANOKE NEIGHBORHOOD PARTNERSHIP STEERING COMMITTEE
MEMBERS PRESENT: Shirley M. Bethel, Carl D. Cooper, Alfred T. Dowe, Charles W.
Hancock, S. Elaina Loritts, Lular R. Lucky, George M. McMillan, Robin Murphy-Kelso,
Richard J. Nichols, William E. Skeen, Henry Scholz, Paula L. Prince, Fredrick M.
Williams.
ABSENT: Viola N. Campbell, Barbara N. Duerk, Martin D. Jeffrey, Minnie
Jones, Stark H. Jones, Joseph F. Nash, Randall J. Scott, Allen T. Wilson and Mark
Petersen.
OTHERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr.,
Deputy City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; Mary F. Parker, City Clerk; Kit B. Kiser, Assistant City Manager
for Operations; George C. Snead Jr., Assistant City Manager for Community
Relations; Willard N. Claytor, Director of Real Estate Valuation; Robert H. Bird,
Municipal Auditor; and Christopher Slone, Public Relations Officer.
Council Member Harris presented the invocation.
179
Following lunch, the business session convened at 1:00 p.m.
COUNCIL-ROANOKE NEIGHBORHOOD PARTNERSHIP: Mr. Skeen, Vice-
Chair, Roanoke Neighborhood Partnership Steering Committee, advised that the
Roanoke Neighborhood Partnership is 20 years old; presently, there are 30 different
organizations and entities that are involved in training sessions, meetings with
neighborhood groups, working on development projects, mini-grants, and other
matters that center around quality of life issues.
Mr. Skeen read a history of the Roanoke Neighborhood Partnership which is
an action-oriented coalition of neighborhoods, businesses and government working
together to preserve and improve the quality of life in Roanoke; the Partnership
provides neighborhoods with technical assistance and training, advocacy within
City government and a forum for communication and is designed to strengthen the
neighborhood organizations by providing a link with the resources they need to
solve problems. He stated that 20 years ago, citizens felt alienated and did not
believe that they had the necessary resources, either in their neighborhoods or in
their group of volunteers, to make a difference in their neighborhoods and, in some
instances, they did not feel that they had access to some of the key decision makers
and resources of the City. Therefore, as the Partnership was created, he advised
that they looked at how to preserve and improve the quality of life and provide
technical assistance and training.
Mr. Skeen further advised that that which is done in one neighborhood may
benefit other City neighborhoods, and the Steering Committee and the Partnership
work together in training sessions and meetings on neighborhood plans and provide
inspiration to other neighborhoods with ideas on neighborhood improvements. He
reviewed programs sponsored by the Partnership, such as the Eyesore Alert
Program which provides a means for undesirable conditions in neighborhoods to
be reported to the Partnership's Office for investigation and report back to the
neighborhood; Operation Paintbrush, which was initiated in 1983 and over 200
homes have been painted to improve their visual condition, which is especially
helpful to those persons with limited resources; mini-grants for up to $1500.00, that
have helped with the cost of publishing newsletters, signage, equipment purchases,
etc., all of which have a profound effect on the neighborhoods; neighborhood
development grants which were used for rehabilitation of community centers,
acquisition of vacant lots, etc.; neighborhood beatification and clean-up projects
that are co-ordinated with the Partnership's office to promote community pride; and
crime prevention which provides a liaison with the Police Department to ensure that
when problems exist, the Neighborhood Partnership is there to help the organization
identify solutions.
180
Charles Hancock, Grants Committee Chair, discussed mini-grants and
neighborhood development grants. He advised that for the year 2000, the
Partnership received $10,000.00 in mini grants from the City and $7500.00 in
Community Development Block Grant funds, which is a decrease of $2500.00 from
previous years. He requested that funding be increased to enable the Neighborhood
Partnership to address additional neighborhood needs and concerns.
Paula L. Prince, Community Life Chair, advised that 24 members currently
serve on the Partnership Steering Committee representing neighborhood leaders
and civic organizations. In the future as vacancies occur, she stated that the
Steering Committee requests that Council consider appointing more representation
from the business community which is currently represented by three members.
She asked that persons be appointed who are willing to work, who have
contributions to make and who are willing to commit time and energy.
Lular Lucky spoke in support of additional funds for the Neighborhood
Partnership through Community Development Block Grant monies.
Alfred T. Dowe, also a member of the City Planning Commission, discussed
the relationship of the Partnership Steering Committee and the City Planning
Commission. He pointed out that presently, two members of the City Planning
Commission serve on the Neighborhood Partnership Steering Committee because
of the partnership that exists between the Planning Commission and the
Neighborhood Partnership Steering Committee. Therefore, he requested that
Council adopt a measure, or motion, to require that a member of the City Planning
Commission also serve as a member of the Roanoke Neighborhood Partnership
Steering Committee.
Estelle McCadden, representing the Melrose/Rugby Neighborhood
Organization, expressed concern with regard to the future of the Roanoke
Neighborhood Partnership, especially with the resignation of the former
Neighborhood Partnership Coordinator. She advised that when positions become
vacant, there is some times a tendency on the part of the City to downsize, and
requested that Council take into consideration that more neighborhoods are joining
the Partnership, leadership will be needed to allow for growth and progress, and
neighborhood leaders should be consulted before any steps are taken by the City
to downsize staff assigned to work with the Roanoke Neighborhood Partnership.
Lewis Peery, Honorary Member, Roanoke Neighborhood Partnership Steering
Committee, commended the work the Neighborhood Partnership which has made
considerable progress over its 20 year history.
181
Carl Cooper requested the continued support of the City of Roanoke for the
Neighborhood Partnership Program.
Mr. Fredrick Williams addressed the need for clarification by Council as to
involvement by the Roanoke Neighborhood Partnership in regard to development
of a vision for City planning and development and how the Partnership Steering
Committee fits in in terms of the City's planning process.
Members of Council encouraged the Partnership Steering Committee to
submit the names of individuals for potential appointment to the City Clerk's Office
for inclusion in the City's Talent Bank.
There being no further business, the Mayor declared the meeting of Roanoke
City Council in recess at 1:20 p.m., to be reconvened at 3:00 p.m., in the Gymnasium
at Fallon Park Elementary School, 509 19t~ Street, S. E., City of Roanoke, Virginia.
At 3:00 p.m., on Monday, October 2, 2000, the regular meeting of City Council
reconvened in the Fallon Park Elementary School Gymnasium, 502 19th Street, S. E.,
City of Roanoke, with the following Council Members in attendance, Mayor Smith
presiding.
PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch, William H.
Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr. and Mayor Ralph K.
Smith ............................................................................................................ 7.
ABSENT: None .................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Deputy City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Council Member C.
Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS:
PROCLAMATIONS-MENTAL HEALTH SERVICES: The Mayor presented a
Proclamation declaring the week of October 1 - 7, 2000, as Mental Health Awareness
Week.
182
PROCLAMATIONS-FIRE DEPARTMENT: The Mayor presented a Proclamation
declaring the week of October 8- 14, 2000, as Fire Prevention Week.
PROCLAMATIONS-HEALTH DEPARTMENT: The Mayor presented a
Proclamation declaring October 20, 2000 as National Mammography Day and the
month of October as National Breast Cancer Awareness Month.
PROCLAMATIONS-DISABLED PERSONS: The Mayor presented a
Proclamation declaring Sunday, October 15, 2000, as White Cane Safety Day.
(For full text, see proclamations on file in the City Clerk's Office.)
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He called specific attention to two requests for Closed Meetings to
discuss a special award, being the annual Citizen of the Year Award; and to discuss
personnel matters with regard to vacancies on various authorities, boards,
commissions and committees appointed by Council.
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and committees
appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(I), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ........................................................................................... 7.
NAYS: None
183
COUNCIL-CITIZEN OF THE YEAR: A communication from Mayor Ralph K.
Smith requesting that Council convene in a Closed Meeting to discuss a special
award, being the annual Citizen of the Year Award, pursuant to Section 2.1-344
(A)(10), Code of Virginia (1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss a special award, being the annual Citizen of the Year
Award, pursuant to Section 2.1-344 (A)(10), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... --0.
CITY NURSING HOME-CITY PROPERTY-JUVENILE CORRECTIONAL
FACILITIES-LEASES-WATER RESOURCES: A report of the Water Resources
Committee recommending that Council authorize the City Manager to advertise a
public hearing and, lacking any comments to the contrary, authorize execution of an
appropriate document to lease, for a five year term, City-owned property located at
Coyner Springs to Richard B. and Ned B. Jeter; the Jeters having leased the tract of
land since April 20, 1982, was before the body.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the recommendation of the Water
Resources Committee. The motion was seconded by Mr. Bestpitch and adopted by
the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ........................................................................................... 7.
NAYS: None ........................................................................................... 0.
184
NEIGHBORHOOD ORGANIZATIONS-CITY PROPERTY-LEASES--WATER
RESOURCES: A report of the Water Resources Committee recommending that
Council authorize the City Manager to advertise a public hearing and, lacking any
comments to the contrary, authorize execution of an appropriate document to lease,
for a five year term, City-owned property described as Old Fire Station No. 6 located
at 1015 Jamison Avenue, S. E., which property has been leased to the Southeast
Action Forum, or its predecessor since 1980, was before the body.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the recommendation of the Water
Resources Committee. The motion was seconded by Mr. Bestpitch and adopted by
the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -7.
NAYS: None.-- 0.
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-WATER RESOURCES: A
report of the Water Resources Committee recommending that Council authorize
advertisement of City-owned land identified as Official Tax No. 4013701, located at
the corner of Bullitt Avenue and Sixth Street, S. E., for sale at a minimum price of
$10,000.00 and authorize a public hearing to be held on the sale of surplus property;
and lacking any comments to the contrary, approve conveyance of the property to
the highest bidder, with the purchaser to be responsible for all title work, surveying,
plat preparation, and preparation of legal documents, in a form acceptable to the
City Attorney, was before Council.
It was explained that the property is located in a residential area (RM-2) and
contains approximately 11,000 square feet; the lot has been assessed by the Office
of Real Estate Valuation at $10,000.00; City policy requires surplus property to be
advertised and sold to the highest bidder if the property can be used to construct
a separate structure; the property is no longer needed by the City, the City would
be relieved of the cost of continued maintenance, and sale of the property will
produce income for the City and return the property to the City's tax base.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the recommendation of the Water
Resources Committee. The motion was seconded by Mr. Bestpitch and adopted by
the following vote:
185
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -7.
NAYS: None .......................................................................................... 0.
DIRECTOR OF FINANCE-CITY CLERK-CITY ATTORNEY-LIBRARIES-OATHS
OF OFFICE-COMMITTEES: The following reports of qualification were before
Council:
Rochelle S. Nolan as a member of the Roanoke Public Library Board for
a term ending June 30, 2003; and
William M. Hackworth as City Attorney, James D. Grisso as Director of
Finance, and Mary F. Parker as City Clerk for the City of Roanoke for
terms of two years, each, commencing October 1, 2000, and ending
September 30, 2002.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. Harris moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ......................................................................................... -0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ANNUAL REPORTS-COMMITTEES-DISABLED PERSONS-SCHOOLS:
Christene A Montgomery, Chair, Mayor's Committee for People with Disabilities,
presented the Annual Report of the Committee. She expressed appreciation to the
City of Roanoke for its assistance throughout the year from providing secretarial
assistance to funding and coordinating the annual picnic for the Mayor's Committee.
She presented copy of the updated By-laws which will be brought to the full
membership on two separate occasions, the final vote to be taken at the December
meeting. She recognized and expressed appreciation to the work of Council
Member Hudson, Council's liaison member to the Mayor's Committee for People
with Disabilities.
186
Dan Semones, Co-Chair, Employment Subcommittee, advised that the month
of October will be recognized by the President of the United States as National
Disability Employment Awareness Month and the year 2000 is the 10th Anniversary
for the Americans with Disabilities Act which has helped to promote employment
opportunities for persons with disabilities. He advised that national statistics show
that 13 million persons between the ages of 16 - 64 have disabilities in the United
States and five million of these individuals are willing and able to work; however,
approximately 75 per cent are not presently employed. Using the population of
Roanoke City, he stated that approximately 4500 persons between the ages of 16
and 64 are disabled, and 1,653 are willing and able to work. He called attention to the
need to take advantage of the Iow unemployment rate at this time which has caused
employers to look for a diverse employment group, and asked that Council
encourage those businesses working with the City to comply with the Americans
with Disabilities Act and include persons with disabilities in their employment and
employer groups. As new businesses express a desire to locate in the Roanoke
Valley, he asked that they be encouraged to employ and to promote persons with
disabilities as a viable work force group. He invited the Members of Council to an
awards reception to be sponsored by the Mayor's Committee for People with
Disabilities and others on October 26, 2000, at 2:30 p.m., at Virginia Western
Community. College, which will offer an opportunity to recognize the efforts of
Roanoke Valley employers during the past year.
Gordon Davidson, representing the Blue Ridge Independent Living Center,
also advised that the year 2000 is the 10th Anniversary of the Americans with
Disabilities Act which was signed into law on July 26, 1990 by President George
Bush, and is one of the most misunderstood pieces of legislation in the United
States. He stated that the ADA removes discrimination by providing equal
opportunities for persons with disabilities; however, the law is now under attack by
many sources; whereupon, he presented pledges for elected officials and others to
sign stating that they support the Americans with Disabilities Act.
Ms. Montgomery expressed appreciation for the City's response to provide
closed captioning for the hearing impaired on the government access channel for
City Show and City Council meetings. She called attention to the Rising
Expectations Expo which will be held at Valley View Mall on October 19, 2000, from
10:00 a.m. - 4:00 p.m., at which time more than 50 vendors will display their products
and services for senior citizens and other persons with disabilities.
She called attention to a video produced by Roanoke Valley Cablevision
entitled, "Common Ground", which is an introduction to disability and aging issues
featuring persons who work in the Roanoke Valley, who are disabled and/or elderly.
She advised that the Mayor's Committee voted unanimously at its September
meeting to request financial support from the City of Roanoke for distribution of the
video to schools, libraries and other organizations.
187
Ms. Montgomery invited the Members of Council to attend the general
membership meeting of the Mayor's Committee for People with Disabilities which
will be held on December 21, 2000, at 10:00 a.m., at the High Street Baptist Church.
Mr. Harris moved that the request for funds for duplication of copies of the
"Common Ground" video for distribution to Roanoke City Schools and other
locations be referred to the City Manager for report and recommendation to Council.
The motion was seconded by Mr. Carder and unanimously adopted.
SCHOOLS: Dr. E. Wayne Harris, Superintendent, Roanoke City Public
Schools, advised that the trademark of the Roanoke City Public Schools is to
provide programs that will meet the talents, needs and interests of every young
person who attends public school. He stated that Fallon Park Elementary School
was constructed in 1976, it is the last new public school facility, and since its
construction which brought the number of schools to 29, other programs have been
initiated in Roanoke City to insure that the tradition of meeting the diverse needs of
students is at the forefront. He referred to such initiatives as CITY School, the
Governor's School Program, the Center for Humanities at Patrick Henry High School,
addition of a large number of magnet school programs throughout the City, totaling
37 magnet school programs in 13 schools and the Noel C. Taylor Learning Academy.
He advised that last year, Roanoke City received approval from the State
Department of Education to begin a Charter School, the Blue Ridge Technical
Academy, which is an employee linked Charter School. He explained that Charter
School legislation was adopted by the State legislature in 1998, which allows each
school division within the Commonwealth to operate two different Charter Schools;
Charter schools must have an application approved by the local School Board and
must remain under the governance of the local School Board; and the Charter
School concept is a contract between parents, students and the school system
regarding the expectations of each party to the contract. He explained that Roanoke
City's Charter School is a fully accredited school that uses a variety of educational
philosophies and curriculum in order to carry out its mission; and Roanoke's
Charter School, located in the Roanoke Higher Education Center, was developed as
a concept for business and technical education in five different areas and has been
approved by the Roanoke City School Board and the Commonwealth of Virginia for
operation beginning in the school year 2001-02.
Richard A. Kelley, Assistant Superintendent for Operations, Roanoke City
Public Schools, introduced Robert A. Moyer, Director, Blue Ridge Technical
Academy. He explained that local businesses identified the following skill sets
needed by students upon graduation as they come into the work place at an entry
level position: ability to perform different jobs, good communications skills,
technical skills in the employment area, problem solving skills, and computer
literacy.
188
He stated that examination of these skills then became the basis for the curriculum;
the concept for the Technical Academy was to provide a Charter School that will
attract students from throughout the area, targeting students between the ages of
15 and 19, and it was decided to locate the Academy at the Roanoke Higher
Education Center because of contacts with universities and colleges at the Higher
Education Center in offering technical courses. He advised that the mission of the
Technical Academy is to provide students with a quality educational experience
while, at the same time, providing them with technical expertise and a technology
certificate in a specific employment field; the curriculum consists of an intensive
academic program, including business competencies in one of the following five
major career skills: manufacturing technology, health and medical services, e-
commerce, computers and electronics, and fiber optics; limited GED instruction is
provided and a curriculum is being developed for the technical part of the program,
as well as SOL and GED completion, which should be available by the spring of
2001. In terms of student enrollment, he stated that the program is expected to be
in partial operation in three technical skills: automated manufacturing skills, health
and medical services and e-commerce by the fall of 2001, with an enrollment of 75
students by the fall of 2002, enrollment is anticipated to expand to 140 students and
in the field of computers, electronics and fiber optics, a full enrollment of 200
students by the fall of 2003 is expected, leading to a program in both high school
graduation and a technical certificate in a particular field of expertise. He stated that
funding sources over the next two years include a combination of funds from the
Federal Government, State Government and local school division.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
TRAFFIC-PARKS AND RECREATION: Mr. E. Duane Howard, 508 Walnut
Avenue, S. W., appeared before Council in connection with the status of Smith Park
and advised that keeping Smith Park closed to vehicular traffic provides for more
opportunities and more diverse use of the park. He stated that Smith Park is being
discovered by persons from throughout the Roanoke Valley and it is paramount that
the public understand what Smith Park means to the City of Roanoke as a traffic free
location; and with improved accessibility, the newly paved road offers opportunities
for persons in wheel chairs, the visually and hearing impaired, senior citizens and
children of all ages to enjoy a hazard-free and vehicular exhaust-free park
environment along the Roanoke River. He stated that many decisions concerning
Smith Park were made by past City administrations and department managers who
are no longer employed by the City, and Council should review the decision making
process taking into consideration its flaws. He requested that Council look at Smith
Park and the future of the City of Roanoke with 20/20 vision.
189
Ms. Lisa Knappe, 2220 Westover Avenue, S.W., spoke in support of keeping
Smith Park closed to vehicular traffic. She stated that reopening the park with traffic
calming devices will not be successful because such devices will not slow down the
traffic, but will lead to increased speeding. She stated that a message must be sent
to the citizens of the City of Roanoke and to the public at-large that vehicles are not
welcome everywhere; therefore, she encouraged Council to keep Smith Park closed
to vehicular traffic.
Ms. Amy Board, 912 Winchester Avenue, S. W., advised that she is in favor of
reopening Smith Park to vehicular traffic; she favors speed bumps on a trial period;
and called attention to the inconvenience of accessing Roanoke Memorial Hospital
by way of Towers Mall which takes approximately 15 minutes as opposed to Wiley
Drive which takes about five minutes. She referred to the importance of using Wiley
Drive en route to Roanoke Memorial Hospital in an emergency situation.
Mr. Hume Powers, 2641 Nottingham Road, S. E., advised that it is his
understanding that Wiley Drive will remain closed to vehicular traffic until the end
of the year which will be two years since Wiley Drive was closed without good
justification. He explained that Wiley Drive was constructed at no cost to the
taxpayers of Roanoke by Wiley N. Jackson Construction Company in the mid 1950's.
He requested that no additional funds be spent on Wiley Drive and that the road be
opened for enjoyment by all Roanoke taxpayers.
Mr. William Lavin, 3062 Carolina Avenue, S. W., spoke in support of opening
Wiley Drive for enjoyment by the public because of its tranquil atmosphere and the
value of having a scenic route and a river in the middle of the City. He stated that
the entire greenway concept involves the sharing of government grants,
contributions from a diverse group of citizens, and easement donations by citizens;
therefore, a shared concept should be continued along Smith Park and Wiley Drive.
He added that speed limits should be observed, but questioned whether $125,000.00
should be spent on traffic calming devices, all of which could be accomplished
through strict enforcement of the existing speed limit. He stated that Council
Members represent all citizens of Roanoke - - walkers, joggers, hikers, bicyclists,
etc., and also those persons whose only opportunity to enjoy the tranquility of Smith
Park and the Roanoke River is by way of an automobile. For the above reasons, he
asked that Council vote to keep Wiley Drive open to vehicular traffic so that all
citizens of Roanoke will have an opportunity to enjoy Wiley Drive.
Mr. James Armstrong, 619 Highland Avenue, S. W., advised that there are
those persons in the community who support the idea that Wiley Drive should be
available for all types of traffic, be it vehicular or pedestrian, and urged that Council
keep Smith Park and Wiley Drive open for all citizens of Roanoke to enjoy.
190
Ms. Sue Snellings, 2230 Charlevoix Court, S. W., requested that Wiley Drive
remain open to all citizens because public parks are intended to be used by all
people and not a chosen few.
Mr. Robert E. Zimmerman, 1570 Langhorne Road, S. W., advised that Wiley
Drive should remain open to the public; and a public hearing should be held to allow
all citizens to voice their opinion on the question of whether there should be a
referendum to allow citizens to vote on the issue. He stated that it is unfair for seven
persons to make a decision on whether a public facility that belongs to all of the
citizens of Roanoke should be closed to a certain segment of the community.
Ms. Debbie White, 3009 Dover Drive, S. W., advised that she has been a
regular user of Smith Park since it was closed to vehicular traffic and spoke in
support of keeping Wiley Drive closed to vehicular traffic. However, she stated that
the charm of Smith Park will remain even if there is limited vehicular access which
will allow schools and other groups to use the picnic areas. She suggested
installation of a vehicular barrier directly in front of the picnic shelter that would
close off the park to vehicular traffic while allowing all groups to use the park and
to address the problem of speeding motorists.
Ms. Amy Beard, 912 Hamilton Avenue, S. W., advised that she has spent many
happy hours in Wasena and Smith Parks and expressed dismay over any decision
to open Wiley Drive to through traffic. In past years, she stated that the area has
been a trouble spot, especially with the Iow water bridge, speeding motorists and
loud music that disturbs the tranquility of the park. She advised that the benefits of
keeping the road closed presents the possibility of having one of the largest
greenways in the Roanoke Valley; opening Wiley Drive to vehicular traffic will
destroy the tranquility of the park and endanger the lives of pedestrians, bikers,
fishermen, etc.; and keeping Wiley Drive closed to vehicular traffic will prove to be
a crime deterrent. She noted that there are not enough places in the City of Roanoke
where one can enjoy peace and quiet in a traffic-free environment, and if Wasena
and Smith Parks are developed into greenways, it is a decision that the citizens of
the City of Roanoke will be grateful for in the years to come.
Mr. Robert Fetzer, 2602 Stanley Avenue, S. E., advised that he is a daily user
of Smith Park and for safety reasons he would favor limited access to the park.
Rather than two-way traffic, he suggested opening the park one way toward
Roanoke Memorial Hospital and making one lane available for bikers and walkers
at all times, which would address the needs of all parties. He encouraged Council
to move as quickly as possible with development of greenways throughout the City
which will serve as a good economic development tool that will be enjoyed by all
citizens of Roanoke.
191
Mr. Carder moved that the matter be referred to the City Manager for study,
report and recommendation to Council. The motion was seconded by Mr. Hudson
and adopted.
COMPLAINTS: A request of Mr. Charles Stallings to address Council with
regard to sanitation and landscaping issues in certain areas of the City, was before
Council.
Mr. Stallings was not present; therefore, no action was taken by Council.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
CMERP-EQUIPMENT: The City Manager submitted a written report advising
that Section 2-189 of the City Code established a reserve from the year-end General
Fund balance for capital maintenance and equipment replacement items; the intent
of the ordinance was to provide a method to fund equipment purchases,
maintenance, and other one-time allocations; the fiscal year 1999-00 General Fund
balance designated for the Capital Maintenance and Equipment Replacement
Program (CMERP) is $4,708,412.00; after reducing this amount by $400,626.00 for
Street Paving funding that was reappropriated into the current year operating
budget, $4,307,786.00 of CMERP funds are available for appropriation; CMERP
requests from General Fund departments, excluding technology requests, totaled
$5.7 million; technology requests from all departments totaled $2.6 million; and a list
of CMERP funding recommendations can be classified into the following categories:
· Additional Funding (Prior Year Items) $ 12,902.00
· Office Furniture and Equipment $ 50,577.00
· Equipment $ 634,059.00
· Capital Maintenance $1,948,941.00
· All Other $ 560,102.00
· Technology $1,101,205.00
Council has appropriated funding for the following time-critical projects included in
the above categories:
192
New Police Building Phase II (Capital Maintenance) - $282,000.00
Greater Gainsboro Property Acquisition (All Other) -$165,102.00
Greater Gainsboro Infrastructure Improvements (Capital Maintenance)
$250,000.00
Enterprise and Internal Service Fund departments primarily fund capital needs from
their own retained earnings; funding recommendations for these departments are
included in and attachment to the report.
The City Manager recommended that Council concur in the CMERP funding
recommendations.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. Harris and unanimously adopted.
SEWERS AND STORM DRAINS-BUDGET: The City Manager submitted a
written report advising that bids were received on July 1, 1999, to properly remove,
transport and dispose of lagooned sludge by land application; Robinson Pipe
Cleaning Company of Eighty Four, Pennsylvania, submitted the Iow bid of $84.47 per
dry ton, with a minimum of 10,000 dry tons and a maximum of 12,000 dry tons,
commencing on October 1, 1999; in the one year contract, the City reserved the right
to extend the contract each year for a total of five years, with the first year bid price
to be adjusted each year according to the consumer price index, Philadelphia office;
the contractor has performed according to the terms of the contract, and the second
year extension needs to be approved by Council.
The City Manager recommended that she be authorized to enter into a one
year extension from October 1, 2000 through September 30, 2001, of the contract
with Robinson Pipe Cleaning Company to remove and properly dispose of a
minimum of 10,000 dry tons of sludge and a maximum of 12,000 dry tons from the
existing five (5) lagoons at the Water Pollution Control Plant, at the unit price of
$87.57 per dry ton; and the 10,000 minimum dry ton contract extension would be
$875,700.00 and the maximum 12,000 dry tons would be $1,050,840.00.
It was advised that funding is available in Account No. 003-510-3150-2010,
Sewage Fund Administration - Fees for Professional Services, for fiscal year 2001;
and fiscal year 2002 funding will be provided during the annual budget process in
the same account.
(For full text, see report on file in the City Clerk's Office.)
193
Mr. White offered the following emergency ordinance:
(#35076-100200) AN ORDINANCE authorizing execution of an amendment
extending for an additional term of one year a contract with Robinson Pipe Cleaning
Company for removing, transporting and disposing of digested lagooned sludge
from the City's Water Pollution Control Plant; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 502.)
Mr. White moved the adoption of Ordinance No. 35076-100200. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................... 0.
WATER RESOURCES-SEWERS AND STORM DRAINS-BUDGET: The City
Manager submitted a written report advising that the Water Pollution Control Plant
has incurred, and will likely continue to incur, unanticipated expenditures related to
conditions encountered after the recent expansion effort; conditions encountered
have created additional need in employee overtime, repair and replacement
expenses, and consulting fees; and additionally, it is recommended that the quantity
of bio-solids contracted for removal be increased for the current budget year by
2000 dry tons due to a higher than anticipated level of solids being processed by the
Water Pollution Control Plant; and funds necessary for the work are included in Fees
for Professional Services.
The City Manager recommended that Council authorize appropriation of
$750,000.00 from Sewage Fund retained earnings, as follows:
Operatinc~ Account
Amount
003-510-3155-1003
003-510-3160-1003
003-510-3150-2010
003-510-3160-3055
Overtime Wages
Overtime Wages
Fees for Professional
Services
Maintenance of
Infrastructures
$ 20,000.00
$ 40,000.00
$500,000.00
$ 50,000.00
194
003-510-3155-2048 Maintenance of Equipment
003-510-3155-2050 Maintenance of Buildings
$100,000.00
$ 40,000.00
TOTAL $750,000.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35077-100200) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Sewage Treatment Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 503.)
Mr. Harris moved the adoption of Ordinance No. 35077-100200. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W., advised that he signed up
to speak on the previous agenda item; however, the Mayor advised that Mr. Jeffrey
had also signed up to speak on 12 different agenda items and he would be heard
under Item 10, Other Hearing of Citizens. Mr. Jeffrey stated that it was his
understanding if a citizen had an inquiry about any agenda item, he or she could
sign up to speak, regardless of the number of agenda items to be addressed.
Mr. Bestpitch raised a point of order and advised that it was his understanding
that citizens may address more than one agenda item if they register to speak prior
to consideration of the item by Council, and he was not aware of any decision made
by Council as a group to change the procedure.
The Mayor stated that he was chairing the meeting and Council could overrule
his decisions at any time by majority vote of Council.
The following vote was recorded on Ordinance No. 35077-100200.
AYES: Council Members Carder, Harris, Hudson, White, Wyatt and Mayor
Smith ........................................................................................................ -6.
NAYS: None ............................................................................... -0.
(Council Member Bestpitch abstained from voting.)
195
APPALACHIAN POWER COMPANY-VIRGINIA MUNICIPAL LEAGUE: The City
Manager submitted a written report advising that on April 5, 1999, Council agreed to
participate with other southwestern Virginia jurisdictions through the Virginia
Municipal League (VML) and the Virginia Association of Counties (VACO) in
governmental electrical rate negotiations with Appalachian Power Company d/b/a
American Electric Power (AEP); the City of Roanoke has participated with VML and
VACO in similar negotiations since 1974; and on July 19, 1999, Council authorized
payment of $33,675.00 as the City's prorata share of the estimated expense of
negotiations.
It was further advised that the previous agreement expired on June 30, 1999;
negotiations have been prolonged due to upcoming deregulations and restructuring
of AEP; rates have been unchanged since expiration of the prior contract with AEP;
AEP proposed a constant rate contract for a three year term from July 1, 1999,
through June 30, 2002; negotiations have resulted in no change in rates for the year
ended July 1,1999 through June 30, 2000 and an approximate 4.5% annual decrease
for the two year period of July 1, 2000, through June 30, 2002; the City expends
approximately $4.25 million annually for electrical service in the categories of
general government, water and sewage utilities, and schools; and approximate
savings to the City will be $202,500.00 per year, or a total of $405,000.00 for the two
year term of the contract.
The City Manager recommended that she be authorized to execute a two year
agreement with Appalachian Power Company (d/bla American Electric Power),
thereby establishing electrical rates and terms of service for a two year period from
July 1, 2000, through June 30, 2002.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#35078-100200) A RESOLUTION authorizing the City Manager to enter into
the appropriate contractual agreements with Appalachian Power Company, d/b/a
American Electric Power, providing for electrical service and rates effective
retroactively to certain specified dates, and approving certain rate schedules, upon
certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 63, page 504.)
Mr. Hudson moved the adoption of Resolution No. 35078-100200. The motion
was seconded by Mr. Carder.
196
Mr. Bestpitch inquired if citizens had registered to speak on the City
Manager's report to which the Mayor responded that one citizen had signed up to
speak.
Mr. Bestpitch moved that the citizen be permitted to speak at this time.
The motion failed for lack of a second.
Ordinance No. 35078-100200 was adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt and Mayor
Smith --6.
NAYS: None ................................................................................ -0.
(Council Member Bestpitch abstained from voting.)
HEALTH DEPARTMENT-BUDGET-YOUTH-JUVENILE CORRECTIONAL
FACILITIES: The City Manager submitted a written report advising that Sanctuary's
Outreach Program serves youth who are runaway, homeless or in high risk
situations of becoming a runaway or homeless youth; the program is designed to
reduce the number of runaway and homeless youth in the community and to
increase family reunification, which program has been operational and grant funded
for 11 years; grant funding must be applied for on an annual basis; and the year
2000 is the third year in a three year funding cycle.
The City Manager recommended that Council take the following actions:
Adopt a resolution accepting the $106,606.00 in 2000-2001 funding
from the Department of Health and Human Services, Grant
#03CY039613, for Sanctuary's Runaway and Homeless Youth Outreach
Program;
Authorize the City Manager to execute the required Grant Acceptance,
Request for Funds and any other forms required by the Department of
Health and Human Services in order to accept the funds; and
Appropriate $106,606.00 to revenue and expenditure accounts in the
Grant Fund to be established by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
197
Mr. Hudson offered the following emergency budget ordinance:
(#35079-100200) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 505.)
Mr. Hudson moved the adoption of Ordinance No. 35079-100200. The motion
was seconded by Mr. Harris.
Mr. Bestpitch inquired if citizens had signed up to speak on the City
Manager's report, to which the Mayor responded that one person had signed up to
speak.
Mr. Bestpitch moved that the citizen be permitted to speak at this time. The
motion was seconded by Ms. Wyatt and unanimously adopted.
Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W., asked if the City is required
to provide matching funds for the grant, and, if so, which City budget line item will
be responsible for providing the matching funds.
Ms. Wyatt requested that the record reflect her concern with regard to any
citizen who uses the Council meeting as a sounding board for their own personal
uses; however, it is the Council's responsibility to safe guard an open process of
government for all citizens, and if Council and the citizens of the community must
tolerate a personal agenda to safeguard the rights of other citizens, so be it.
Ordinance No. 35079-100200 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -7.
NAYS: None ............................................................................................ 0.
Mr. Harris offered the following resolution:
(#35080-100200) A RESOLUTION authorizing the acceptance of a grant from
the United States Department of Health and Human Services to provide services at
the City's Crisis Intervention Center (Sanctuary); and authorizing execution of the
necessary documents.
(For full text of Resolution, see Resolution Book No. 63, page 506.)
198
Mr. Harris moved the adoption of Resolution No. 35080-100200. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................ -0.
POLICE DEPARTMENT-GRANTS: The City Managersubmitted a written report
advising that by Executive Order, Governor Gilmore has established the Certified
Crime Prevention Community Program, administered by the Virginia Department of
Criminal Justice Services; the program requires that a community meet 12 core
elements and a minimum of seven optional community safety elements to qualify for
designation as a Crime Prevention community; other than adoption of a resolution
of participation and submission of a statement of intent to participate, the City of
Roanoke already meets designation criteria; participation in the program would
demonstrate the City's commitment to crime prevention; becoming a Certified Crime
Prevention Community would assist economic development initiatives and give
Roanoke a preference in the state criminal justice grant application process; and re-
certification in the process is required every three years.
The City Manager recommended that Council adopt a resolution authorizing
Roanoke's participation in the Certified Crime Prevention Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#35081-100200) A RESOLUTION authorizing participation in the Virginia
Certified Crime Prevention Community Program.
(For full text of Resolution, see Resolution Book No. 63, page 507.)
Mr. Harris moved the adoption of Resolution No. 35081-100200. The motion
was seconded by Mr. Hudson.
Mr. Bestpitch inquired if citizens had signed up to speak on the City
Manager's report, to which the Mayor responded that one citizen had signed up to
speak; whereupon, without objection by Council, the Mayor recognized Mr. Martin
Jeffrey, 519 Rutherford Avenue, N. W.
199
Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W., inquired as to specific
activities to be addressed in the Virginia Certified Crime Prevention Community
Program and asked if there will be an opportunity for citizens to receive information.
Mr. Bestpitch advised that Mr. Jeffrey's inquiries are appropriate questions for
response by City staff; and if, at any time Mr. Jeffrey believes that he is not receiving
satisfactory responses to his inquiries by City staff, it would then be appropriate for
Mr. Jeffrey to bring his concerns to the attention of Council.
Ordinance No. 35081-100200 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ......................................................................................... -0.
BUDGET-LIBRARIES: The City Manager submitted a written report advising
that the original fiscal year 2000-01 estimate for state aid for the Roanoke Public
Library was $235,000.00; and because of General Assembly action, the actual
appropriation is $278,550.00, which represents an increase of $43,550.00.
The City Manager recommended that Council increase the revenue estimate
in Account No. 001-110-1234-0656, Grants-in-Aid CommonwealthmLibrary, by
$43,550.00; and appropriate additional funds to the following accounts:
Expendable Equipment
Publications and Subscriptions
001-650-7310-2035
001-650-7310-2040
$ 3,950.00
39,600.00
$43,550.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35082-100200) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 508.)
Mr. Harris moved the adoption of Ordinance No. 35082-100200. The motion
was seconded by Mr. Carder.
Mr. Martin Jeffrey, 517 Rutherford Avenue, N. E., inquired if funds will be
allocated to each branch library, and, if so, how will the determination be made.
200
Ordinance No. 35082-100200 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -7.
NAYS: None ............................................................................... ----0.
BUDGET-GRANTS-EMERGENCY MEDICAL SERVICES-EQUIPMENT: The City
Manager submitted a written report advising that in July, 2000 the State Department
of Health mandated, through legislation, emergency medical services reporting
requirements; 53 elements of data must be submitted on a quarterly basis to comply
with the mandate; on January 1, 2001, the State Department of Fire Programs will
change fire reporting requirements to comply with National Fire Incidents Reporting
standards; in August, 2000, the State Office of Emergency Medical Services
announced a block grant program for automatic external defibrillators (AED) and
computers; the State identified limited funding for this program allowing $3,000.00
per AED and $1,000.00 per computer; and computer grants were targeted toward
agencies in need of computers to comply with state reporting requirements.
It was further advised that Roanoke Fire - EMS has submitted a funding
request to the Information Technology Committee (ITC) for a fire and ems records
management system (RMS); changes in State reporting mandates for both fire and
ems necessitate enhancements to the current records management system; the
funding request is to network the City's fire-ems stations to a central computer with
one common records management software; Roanoke Fire-EMS submitted a block
grant application for eight computers to service the six fire-ems stations with
ambulances; the two additional computers were slated for ems administrative use;
on September 20, 2000, Roanoke Fire-EMS was awarded a block grant for eight
computers at $1,000.00 each; there are no matching fund requirements for the grant,
however, the Department of Technology estimates that computers will cost $1,500.00
each to ensure network capability; and the grant will help to offset the cost of the
RMS project, if funded, by $8,000.00.
The City Manager recommended that Council adopt a resolution accepting the
block grant and that she be authorized to execute the grant agreement; appropriate
state funds in the amount of $8,000.00 to Grant Fund Account No. 035-520-3340-
2035, and increase the Grant Fund revenue estimate in the amount of $8,000.00; and
appropriate local funds from Public Safety Automation Project, Account No. 013-052-
9831-9003 in the amount of $4,000.00 to Grant Account No. 035-520-3340-2035.
(For full text, see report on file in the City Clerk's Office.)
201
Mr. Harris offered the following emergency budget ordinance:
(#35083-100200) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Department of Technology and Grant Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 509.)
Mr. Harris moved the adoption of Ordinance No. 35083-100200. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... 0.
CITY ATTORNEY:
BONDS/BOND ISSUES-SCHOOLS: The City Attorney submitted a written
report transmitting three resolutions authorizing issuance of general obligation
bonds to fund a portion of improvements at Garden City Elementary School, Grandin
Court Elementary School and Preston Park Elementary School. He advised that the
matter was first before Council on August 21,2000, when Council authorized the City
Manager to apply for funding for the three projects from the Virginia Public School
Authority (VPSA); and at Council's September 18, 2000 meeting, a public hearing
was held on proposed issuance of the bonds.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#35084-100200) A RESOLUTION authorizing the issuance of not to exceed
$1,900,000.00 general obligation school bonds of the City of Roanoke, Virginia,
Series 2000-B, to be sold to the Virginia Public School Authority and providing for
the form and details thereof.
(For full text of Resolution, see Resolution Book No. 63, page 511.)
Mr. Hudson moved the adoption of Resolution No. 35084-100200. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -7.
NAYS: None .......................................................................................... -0.
202 -
Mr. Harris offered the following resolution:
(#35085-100200) A RESOLUTION authorizing the issuance of not to exceed
$1,900,000.00 general obligation school bonds of the City of Roanoke, Virginia,
Series 2000-C, to be sold to the Virginia Public School Authority and providing for
the form and details thereof.
(For full text of Resolution, see Resolution Book No. 63, page 521.)
Mr. Harris moved the adoption of Resolution No. 35085-100200. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ......................................................................................... --0.
Mr. Harris offered the following resolution:
(#35086-100200) A RESOLUTION authorizing the issuance of not to exceed
$2,750,000.00 general obligation school bonds of the City of Roanoke, Virginia,
Series 2000-A, to be sold to the Virginia Public School Authority and providing for
the form and details thereof.
(For full text of Resolution, see Resolution Book No. 63, page 531.)
Mr. Harris moved the adoption of Resolution No. 35086-100200. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................. 7.
NAYS: None ....................................................................................... -0.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of
Finance submitted the Financial Report for the City of Roanoke for the month of
August, 2000.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the Financial Report for
the month of August, 2000, would be received and filed.
203
REPORTS OF COMMITTEES:
PURCHASE/SALE OF PROPERTY-GREENWAY SYSTEM-WATER
RESOURCES: Council Member Wyatt, Chairperson, Water Resources Committee,
presented a written report of the Committee in connection with acquisition of all
property rights necessary for the construction of the Tinker Creek Greenway project.
It was advised that a Consent Order between the City of Roanoke and the
Department of Environmental Quality for alleged violations of environmental
regulations at the Public Works Service Center requires the City of Roanoke to
spend at least $150,000.00 for a greenway to be placed along Tinker Creek; the
proposed plan for Tinker Creek Greenway runs along Tinker Creek for approximately
one mile, beginning west of the bridge crossing Tinker Creek at Wise Avenue and
ending just south of Kenwood Boulevard where the railroad crosses Tinker Creek;
parking access is provided at the beginning of the trail and at the Dale Avenue
crossing; the end of the trail will be connected to the southern end of Kenwood
Boulevard by a 12' access trail; plans for the proposed improvements have been
sufficiently finalized to identify property rights that will be required for the greenway
and parking facilities; and authorization is needed to move forward with acquisition
of necessary property rights.
It was further advised that the Tinker Creek Greenway is largely within the
Fallon Park area, therefore, the City of Roanoke owns most of the property; the City
will need to secure a permit from Norfolk and Southern Railway to locate the
greenway within the railroad right-of-way; funding for Railroad Protective Liability
Insurance is available; and funding of $150,000.00 is available in State Settlement
DEQ Greenway Project, Account No. 008-052-9681-9213.
The Water Resources Committee recommended that Council authorize the
City Manager to execute the appropriate documents to acquire all property rights
necessary for construction of the project, in a form acceptable to the City Attorney;
said property rights may be acquired, following a satisfactory environmental site
inspection, by negotiation or eminent domain and include permanent easements,
temporary construction easements, rights-of-way, licenses or permits, etc., and
indemnification of the railroad of liability related to construction, removal,
replacement, and maintenance of the project.
Ms. Wyatt offered the following emergency ordinance:
204 -
(#35087-100200) AN ORDINANCE providing for the acquisition of certain
interests in property needed by the City for the Tinker Creek Greenway Project;
setting a certain limit on the acquisition costs of such property rights; providing for
the City's acquisition of such property rights by condemnation, under certain
circumstances; authorizing the City to make motion for the award of a right of entry
on the property for the purpose of commencing the project; all upon certain terms
and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 541 .)
Ms. Wyatt moved the adoption of Ordinance No. 35087-100200. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith .......................................................................................... -7.
NAYS: None ......................................................................................... ---0.
BUDGET-HOTEL ROANOKE CONFERENCE CENTER: A written report
submitted by James D. Grisso, Treasurer, and James D. Ritchie, Commissioner,
Hotel Roanoke Conference Center Commission, advising that the Conference Center
Commission was established by measures adopted by Virginia Polytechnic Institute
and State University on November 18, 1991, and the City of Roanoke on April 14,
1992, pursuant to Chapter 440 of the 1991 Acts of the Commonwealth of Virginia,
adopted March 22, 1991 (the "Enabling Legislation"); and Section 21B of the
Enabling Legislation provides that the Commission shall annually prepare and
submit to both the City of Roanoke and Virginia Polytechnic Institute and State
University a proposed capital budget, was before Council.
It was further advised that on September 21, 2000 the Commission
recommended approval of the capital budget for fiscal year 2000-2001 which was
presented by its Director; funding for the capital budget will be provided by a
$7,000,000.00 Revenue Note which will be due on or before April 1, 2003; and the
capital budget will be presented to the Board of Visitors of Virginia Polytechnic
Institute and State University for consideration on November 6, 2000.
Mr. Grisso and Mr. Ritchie recommended that Council approve the Hotel
Roanoke Conference Center Commission capital budget for fiscal year 2000-01, and
appropriate $7,000,000.00 to certain accounts to be established by the Director of
Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
205
(#35088-100200) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Hotel Roanoke Conference Center Commission Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 542.)
Mr. Hudson moved the adoption of Ordinance No. 35088-100200. The motion
was seconded by Mr. Harris.
Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W., raised the following
questions:
Does the approved capital budget include Community Development
Block Grant allocations under debt repayment for the Hotel Roanoke
Conference Center?
What is the annual rate of increase in the budget over the past three to
five years?
Does the budget include any portion of the salary or expenses of the
former City Manager who is now working in conjunction with the Hotel
Roanoke Conference Center?
Does the budget include any expenses relating to the Hotel Roanoke
Conference Center damages?
The Director of Finance explained that the capital budget relates directly to
faulty construction that occurred when the Hotel Roanoke Conference Center was
constructed and has nothing to do with Community Development Block Grant
monies or the salary of the former City Manager, W. Robert Herbert.
Ordinance No. 35088-100200 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................ 0.
Mr. Hudson offered the following resolution:
(#35089-100200) A RESOLUTION approving the capital expense budget of the
Hotel Roanoke Conference Center Commission for Fiscal Year 2000-2001 and
providing, subject to appropriation, the funding for the same in future years.
(For full text of Resolution, see Resolution Book No. 63, page 543.)
206 -
Mr. Hudson moved the adoption of Resolution No. 35089-100200. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ........................................................................................ -7.
NAYS: None
UNFINISHED BUSINESS:
BUDGET-DOWNTOWN ROANOKE, INCORPORATED-ECONOMIC
DEVELOPMENT-IMAX THEATRE: Council at its meeting on Monday, September 18,
2000, having tabled a report of the City Manager with regard to funding for the Art
Museum/IMAX Theatre project, Mr. Harris moved that the matter be taken from the
table. The motion was seconded by Mr. Hudson and adopted.
The City Manager submitted a written report advising that the City of Roanoke
has pledged a total of $4 million and approximately an acre of downtown City
property (the former Hunter Viaduct site) to the Art Museum of Western Virginia for
design, development and construction of a building to house a new museum and
IMAX Theatre; estimated to cost $30 million; the proposed agreement sets forth the
terms of the monetary pledge from the City; a separate agreement for the transfer
of land will be established at a later date between the City and the Western Virginia
Foundation for the Arts and Sciences (WVFAS); funds requested by the Art Museum
from the City will be used solely for project costs or activities associated with
design, planning, predevelopment work, development and construction of the
project; the $4 million includes construction of infrastructure for the project,
encompassing roads, sidewalks, utilities of any type, water and sewer service, or
other improvements to the public rights-of-way or any other items necessary for the
project; and if the City determines that any of the public infrastructure or work for
the public infrastructure improvements should be provided by the City and the Art
Museum concurs in writing, those costs may be deducted by the City from any of the
appropriations to the Art Museum, or the City may request the Art Museum to
reimburse the City for such costs.
It was explained that total City appropriations are subject to the condition that
they do not exceed the lesser of 20 per cent of the total cost of the project, or $4
million; should City appropriations be less than a total of $4 million, the amount of
the pledge will be reduced accordingly; the Art Museum will keep the City, through
its Economic Development Director, abreast of the progress of the project and
related matters; and the Art Museum also agrees to allow the City and/or its
representative to inspect, audit, copy or examine any books, documents, or other
relevant material in connection with the project and use of City funds.
207
It was advised that funding is available for appropriation or transfer from the
following accounts to fund the initial $300,000.00 commitment.
Account No. 001-250-9310-9508 $ 75,000.00
Transfers to Capital Projects
Account No. 008-052-9575 $ 75,000.00
Capital Improvement Reserve -
Buildings and Structures
Fiscal Year 99-00 Capital Maintenance and
Equipment Replacement Program $150,000.00
The City Manager recommended that she be authorized to execute an
agreement setting forth the terms by and between the City of Roanoke and the Art
Museum of Western Virginia; that Council adopt a budget ordinance
appropriating/transferring a total of $300,000.00 from accounts identified above to
a new account in the Capital Projects Fund entitled, "Art Museum/IMAX Project",
which funds will be provided within ten days of the date of the agreement.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#35090-100200) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General and Capital Projects Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 545.)
Mr. Hudson moved the adoption of Ordinance No. 35090-100200. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................... 0.
Mr. Hudson offered the following resolution:
(#35091-100200) A RESOLUTION authorizing the execution of an Agreement
between the City of Roanoke (City) and the Art Museum of Western Virginia (Art
Museum) providing for the City to make certain appropriations to the Art Museum
upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 63, page 546.)
208 -
Mr. Hudson moved the adoption of Resolution No. 35091-100200. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ........................................................................................... -7.
NAYS: None ........................................................................................ -0.
INTRODUCTION
RESOLUTIONS:
AND CONSIDERATION OF ORDINANCES AND
ZONING: Ordinance No. 35070, amending conditions upon a tract of land
containing 0.40-acre, more or less, lying at the southeast corner of the intersection
of Peters Creek Road and Lewiston Street, located at 3509 Peters Creek Road, N. W.,
Official Tax No. 6421133, to reflect the changes in proffered conditions as shown in
the First Amendment to Amendment of Proffered Conditions filed in the City Clerk's
Office on August 25, 2000, and as set forth in a report of the City Planning
Commission dated September 18, 2000, having previously been before the Council
for its first reading on Monday, September 18, 2000, read and adopted on its first
reading and laid over, was again before the body, Mr. Harris offering the following
for its second reading and final adoption:
(#35070-100200) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 642, Sectional 1976 Zone Map,
City of Roanoke, in order to amend certain conditions presently binding upon certain
property previously conditionally zoned C-1, Office District.
(For full text of Ordinance, see Ordinance Book No. 63, page 497.)
Mr. Harris moved the adoption of Ordinance No. 35070-100200. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith .............................................................................................. -7.
NAYS: None ............................................................................. -0.
ZONING: Ordinance No. 35071, amending conditions pertaining to that certain
property located at 3806 Thirlane Road, N. W., Official Tax No. 3520105, be rezoned
from RA, Residential Agricultural District, to CM, Light Manufacturing District,
subject to certain proffers contained in the First Amended Petition filed in the City
Clerk's Office on September 1, 2000, having previously been before the Council for
its first reading on Monday, September 18, 2000, read and adopted on its first
reading and laid over, was again before the body, Mr. Harris offering the following
for its second reading and final adoption:
209
(#35071-090500) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 652, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the city, subject to certain conditions
proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 63, page 498.)
Mr. Harris moved the adoption of Ordinance No. 35071-100200. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith .................................................................................... 7.
NAYS: None .......................................................................................... -0.
STREETS AND ALLEYS: Ordinance No. 35073, vacating, discontinuing and
closing a variable length and width portion of Shenandoah Avenue, N. W., extending
in a westerly direction from Williamson Road, N. W., having previously been before
the Council for its first reading on Monday, September 18, 2000, read and adopted
on its first reading and laid over, was again before the body, Mr. Harris offering the
following for its second reading and final adoption:
(#35073-100200) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 63, page 499.)
Mr. Harris moved the adoption of Ordinance No. 35073-100200. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ......................................................................................... -0.
COUNCIL-VIRGINIA MUNICIPAL LEAGUE: Mr. Bestpitch offered the following
resolution designating William H. Carder as Voting Delegate and William D.
Bestpitch as Alternate Voting Delegate for the Annual Business Session and
meetings of the Urban Section of the Virginia Municipal League to be held on
October 24, 2000, and designating Darlene L. Burcham as Staff Assistant for any
meetings of the Urban Section:
210 -
(#35092-100200) A RESOLUTION designating a Voting Delegate and Alternate
Voting Delegate for the Annual Business Session and meetings of the Urban Section
of the Virginia Municipal League and designating a Staff Assistant for any meetings
of the Urban Section.
(For full text of Resolution, see Resolution Book No. 63, page 548.)
Mr. Bestpitch moved the adoption of Resolution No. 35092-100200. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith .......................................................................................... -7.
NAYS: None ................................................................................ -0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
POLICE DEPARTMENT.SEGREGATIONIINTEGRATION-LEGISLATION-
AFFIRMATIVE ACTION: Council Member Wyatt commended the citizens of the
Roanoke Valley on the way they responded to the tragic death of Mr. Danny
Overstreet on Friday, September 22, 2000. She advised that at a recent meeting of
the Legislative Committee, she requested that the City include language in the 2001
Legislative Program adding sexual orientation to those groups that are included in
the non-discrimination legislation policies and procedures; and additionally, she
requested that the City Manager and the City Attorney review the City's policies and
procedures to insure that the City is in compliance.
COUNCIL: Having recently returned from a visit to Germany, Council Member
Bestpitch brought greetings to the citizens of the City of Roanoke and the Members
of City Council from citizens and officials of the City of Nuremberg and the Town of
Schliengen.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
COUNCIL: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that citizens
do not receive the printed City Council agenda until late on Friday or early Saturday
before the Monday City Council meeting, which does not allow sufficient time to
review agenda items, arrive at specific questions, contact City staff and obtain
answers before the City Council meeting; therefore, citizens have very little time to
offer input.
211
She stated that it is disturbing to learn that citizens are now being requested to
address Council under agenda item number 10, Other Hearings of Citizens, which
has traditionally been used in the past for non-agenda items. In the future, she
inquired if citizens will be allotted five minutes per item to be addressed or five
minutes total for all items to be addressed. She requested that the City Council
agenda be published in The Roanoke Times.
POLICE-COUNCIL: Mr. Martin Jeffrey, 517 Rutherford Avenue, N. E.,
encouraged citizens to attend City Council meetings, to obtain copies of City Council
agenda items, and to raise questions as they deem necessary.
He advised that there are certain witnesses to the James Minor motorcycle
accident, whose names will be given to the City Manager, and asked that all
witnesses be interviewed because there are certain unanswered questions that
should be addressed.
(All remarks under Other Hearing of Citizens are automatically referred to the City
Manager.)
At 5:30 p.m., the Mayor declared the meeting in recess.
At 7:20 p.m., the meeting reconvened in the gymnasium at Fallon Park
Elementary School with all Members of the Council present, Mayor Smith presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ......................................................................................... 0.
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Mayor advised that there is a vacancy on the Roanoke
Neighborhood Partnership Steering Committee created by the resignation of
Mark A. Harris, and called for nominations to fill the vacancy.
Mr. Hudson placed in nomination the name of Randall Scott.
212 -
Thers being no further nominations, Mr. Scott was appointed as a member of
the Roanoke Neighborhood Partnership Steering Committee, for a term ending
November 30, 2002, by the following vote:
FOR MR. SCOTT: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson,
White and Mayor Smith .................................................................................. -7.
OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Mayor advised that
there are two vacancies on the Special Events Committee for terms ending
June 30, 2001, and called for nominations to fill the vacancies.
Mr. Carder placed in nomination the name of Sharon Metzler.
Mr. Carder placed in nomination the name of Gloria Elliott.
There being no further nominations, Ms. Metzler and Ms. Elliott were
appointed as members of the Special Events Committee, for terms ending June 30,
2001, by the following vote:
FOR MS. METZLER AND MS. ELLIOTT: Council Members Wyatt, Bestpitch,
Carder, Harris, Hudson, White, and Mayor Smith .................................................. 7.
Inasmuch as Ms. Metzler and Ms. Elliott are not residents of the City of
Roanoke,Mr. Carder moved that the City residency requirement for persons serving
on authorities, boards, commissions and committees appointed by the Council be
waived in these specific instances. The motion was seconded by Mr. Harris and
unanimously adopted.
OATHS OF OFFICE-COMMITTEES-PENSIONS: The Mayor advised that there
is a vacancy on the City of Roanoke Pension Plan, Board of Trustees, created by the
expiration of the term of office of Randall J. Scoff, and called for nominations to fill
the vacancy.
Ms. Wyatt placed in nomination the name of Melvin Sanders.
There being no further nominations, Mr. Sanders was appointed as a member
of the City of Roanoke Pension Plan, Board of Trustees, for a term ending June 30,
2002, by the following vote:
FOR MR. SANDERS: Council Members Wyatt, Bestpitch, Carder, Harris,
Hudson, White, and Mayor Smith ....................................................................... -7.
213
OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT: The Mayor
advised that there is a vacancy on the Economic Development Commission created
by the resignation of Phillip F. Sparks for a term ending June 30, 2001, and called for
nominations to fill the vacancy.
Mr. Bestpitch placed in nomination the name of Elizabeth Neu.
There being no further nominations, Ms. Neu was appointed as a member of
the Economic Development Commission, to fill the unexpired term of Phillip F.
Sparks, resigned, ending June 30, 2001, by the following vote:
FOR MS. NEU: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson,
White, and Mayor Smith ..................................................................................... 7.
OATHS OF OFFICE-COMMITTEES-VIRGINIA'S FIRST REGIONAL FACILITY
AUTHORITY: The Mayor advised that there is a vacancy on Virginia's First Regional
Industrial Facility Authority created by the resignation of Phillip F. Sparks for a term
ending September 24, 2002, and called for nominations to fill the vacancy.
Mr. Bestpitch placed in nomination the name of Elizabeth Neu.
There being no further nominations, Ms. Neu was appointed as a member of
Virginia's First Regional Industrial Facility Authority to fill the unexpired term of
Phillip F. Sparks, resigned, ending September 24, 2002, by the following vote:
FOR MS. NEU: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson,
White, and Mayor Smith .................................................................................... 7.
OATHS OF OFFICE-COMMITTEES-CONVENTION AND VISITORS BUREAU: The
Mayor advised that there is a vacancy on the Roanoke Valley Convention and
Visitors Bureau Board of Directors created by the resignation of Phillip F. Sparks,
and called for nominations to fill the vacancy.
Mr. Bestpitch placed in nomination the name of Elizabeth Neu.
There being no further nominations, Ms. Neu was appointed as a member of
the Roanoke Valley Convention and Visitors Bureau Board of Directors to fill the
unexpired term of Phillip F. Sparks, resigned, by the following vote:
FOR MS. NEU: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson,
White, and Mayor Smith ..................................................................................... 7.
214 -
COUNCIL: With the concurrence of Council, the Mayor advised that Council
Member C. Nelson Harris would serve as Chairperson of the City Council's
Personnel Committee.
COMMUNITY PLANNING-ROANOKE VISION, COMPREHENSIVE
DEVELOPMENT PLAN: Mr. Harris moved that appointment of a Vision 2001
Comprehensive Plan Advisory Committee be referred back to the City Planning
Commission for further review and report to Council at its next regular meeting on
Monday, October 16, 2000, at 3:00 p.m. The motion was seconded by Mr. Bestpitch
and unanimously adopted.
At 7:25 p.m., the Mayor declared the regular meeting of Roanoke City
Council in recess until Tuesday, October 10, 2000, at 12:00 noon, at which time
Council will meet with the Roanoke County Board of Supervisors at the Roanoke
County Administration Center, 5204 Bernard Drive, S. W., Roanoke, Virginia.
The 3:00 p.m., regular meeting of Roanoke City Council which was declared
in recess on Monday, October 2, 2000, at 7:25 p.m., reconvened on Tuesday,
October 10, 2000, at 12:00 noon, in the Third Floor Conference Room, Roanoke
County Administration Center, 5204 Bernard Drive, S. W., for a joint meeting of
Roanoke City Council and the Roanoke County Board of Supervisors, with Mayor
Ralph K. Smith and Chairman Joseph P. McNamara presiding.
CITY COUNCIL MEMBERS PRESENT: C. Nelson Harris, William White, Sr.,
Linda F. Wyatt and Mayor Ralph K. Smith ......................................................... 4.
CITY COUNCIL MEMBERS ABSENT: William D. Bestpitch, William H. Carder,
andW. Alvin Hudson, Jr.- ................................................................................ -3.
ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: H. Odell Minnix,
Joe "Butch" Church, Harry C. Nickens, and Joseph P. McNamara, Chair ............. 4.
ABSENT: Bob L. Johnson .................................................................... 1.
STAFF PRESENT: Representing Roanoke City: Darlene L. Burcham, City
Manager; James D. Ritchie, Sr., Deputy City Manager; William M. Hackworth, City
Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Kit B.
Kiser, Assistant City Manager for Operations; Robert H. Bird, Municipal Auditor;
Willard N. Claytor, Director of Real Estate Valuation; Phillip Schirmer, City Engineer.
Representing Roanoke County: Elmer C. Hodge, County Administrator; John M.
Chambliss, Assistant County Administrator; Paul A. Mahoney, County Attorney;
Diane D. Hyatt, Chief Financial Officer; Mary H. Allen, Clerk to the Board of
Supervisors.
215
OTHERS PRESENT: Arthur Whittaker, Sr., Chair; Claude N. Smith, James M.
Turner, Jr., J. Granger Macfarlane, and Jane Milliron, Commissioners, Roanoke
Regional Airport Commission; and Jacqueline L. Shuck, Executive Director; and
Mark A. Williams, Attorney, Roanoke Regional Airport Commission.
On behalf of the Roanoke County Board of Supervisors, Chairman McNamara
a welcomed all participants.
The Invocation was delivered by Supervisor Minnix.
Following lunch, the business session convened at 12:45 p.m.
It was unanimously agreed to make no changes to the printed agenda.
AIRPORT: Chairman McNamara advised that because of the importance of the
Roanoke Regional Airport to the Roanoke Valley, the meeting would be devoted
solely to airport-related matters. He expressed appreciation to Roanoke Regional
Airport Commissioners for participating in the meeting.
Mr. Whittaker, expressed appreciation on behalf of the Airport Commission
for the invitation to participate in the meeting; however, he stated that because the
Airport Commission is not meeting in official session, the Commissioners would be
unable to engage in any discussion regarding airport business.
Ms. Shuck presented an information packet of airport materials which she
referred to throughout her presentation. She advised that the aviation industry
economy, as a whole, is booming, airlines have benefitted; and more people are
using airplanes as a mode of transportation which has caused an increase in
congestion, delays and flight cancellations. She called attention to some cities
where fares are ridiculously Iow, where for $29.00, one can go 500 miles by air; and
other cities where fares are ridiculously high which makes up for the ridiculously
Iow fares in those cities where the airlines have decided to lock in to more
competition. She advised that airline profits are up and fares have been raised five
times this year alone, the latest being last week when another $20 - $30 was added
to each ticket to offset the increase in rising fuel prices. She called attention to
legislation passed this year which has caused the release of considerable monies
that accumulated in the Aviation Trust Fund which was generated from the eight per
cent ticket tax that is applied to every airline ticket sold. She explained that the
funds have been accumulating, but were not appropriated in the past and as long as
the money remained in the Trust Fund, the budget deficit appeared to be less than
it actually was. She stated that $3 billion will be released this year which means that
Roanoke Airport entitlement funds will increase from $1.6 million per year to $3.6
million per year for the three years that the program was in effect, and with the
increase in funds, it is a good time to address infrastructure development at the
airport in the first two years of the program.
216
She referred to the capital program which involves Taxiway A South
relocation, at an estimated cost of $4 million; installation of PAPI (a navigational aid)
on Runway 33, at an estimated cost of $60,000.00; a new air traffic control tower
which is a Federal Aviation Administration Project for which funds are available in
the range of $8 - 9 million, and once the tower is relocated, the old building can be
razed which will free up space for land development; general aviation road and
parking which will begin construction in October, 2000 at approximately $1.2 million;
general aviation tie down and taxi lane at approximately $1.6 million; Runway
Overlay 6~24 at approximately $14 million; relocation of Taxiway E at approximately
$4.6 million; overlay of Runway 15/33 at approximately $8 million; construction of
a parking deck at approximately $8 million; and Phase II General Aviation tie down
and taxi lane consisting of two old T-hangars that need to be razed, estimated at $1.5
million, with all of the above construction to be completed by 2004.
Ms. Shuck discussed the Air Service Development Program, and presented
copy of a monthly summary which is provided to the Airport Commission, showing
major changes in flight schedules, if any, number of daily departures, and
destinations served. She advised that on average, Roanoke falls between 45 - 53
departures per day; service is provided by airlines that are affiliated with four major
carriers and the only carriers Roanoke is currently missing is American Airlines and
Continental Airlines. She referred to a press release addressing consecutive
months of increased passenger traffic which is up approximately five per cent over
this time last year, or a total of 65,655 passengers passing through the Roanoke
Airport during the month of August, 2000. She reviewed a passenger profile
handout; i.e., data for the period January 1993 - March 2000 reveals that 55.10 per
cent was business travel, 36.50 per cent was pleasure travel, and 81.40 per cent other
types of travel; and trips per year during that same period were:
1 - 3 - 61.13 per cent
4 - 7 - 16.80 per cent
8 - 12 - 71.96 per cent
12+ - 14.11 per cent.
She advised that major corporate customers during the period were:
Virginia Tech - 11.08
General Electric - 7.16
N o rfol k/Southern - 6.54
First Union - 2.42
West VaCo - 2.21
ITT - 1.54
Carilion Health Care - 1.04
Other users are: Advance Auto, Medeco, Hayes,
Radford University, and Volvo/General Motors.
Seay, Mattern and
Mattern,
217
Ms. Shuck reviewed a summary of destination points, with Atlanta being the
number one destination. She advised that despite the fact that Roanoke has an
increased trend in passengers and has maintained the number of flights, the load
factor average across the country is 70 per cent, however, Roanoke is sometimes
substantially below 70 per cent.
She presented copy of a summary consultant report from Michael Boyd,
representing The Boyd Group, who was contacted to evaluate Roanoke in terms of
air service compared with other similar size cities, such as Asheville, Chattanooga,
Charlottesville, etc. She advised that approximately two times annually, a ticket lift
is prepared which involves sending staff to travel agencies to review all tickets
written during a certain period of time in an effort to determine what airport the
person went out of, what carrier they chose, what fare did they pay, and what was
their ultimate destination, which allows Roanoke to find out how much of its market
is being lost to other cities. She stated that a ticket lift prepared this spring showed
that Roanoke may be losing potentially 25 per cent of its air service market. She
reviewed an analysis of round trip fares as of September 29, 2000, comparing
Roanoke to Richmond, Charlottesville, Raleigh/Durham and Greensboro for leisure
and business fares. She stated the community needs to be educated on air service,
where Roanoke stands and what is going on in the general aviation industry. She
advised that some communities have tried various types of subsidies and packages
which are dependent upon the specific needs of the community. She advised that
with any subsidy, there must be clearly identified goals as to what is to be achieved
in order to target the right airlines and to bring the right people in to support the
service, subsidies are normally ongoing, there is a risk of some loss of service for
major carriers, and sometimes communities or business groups within a community
start their own airlines.
On behalf of the Airport Commission, Ms. Shuck expressed appreciation for
the opportunity to brief the members of City Council and the Board of Supervisors
on airport operations.
Following discussion/questions by Members of City Council and the Board of
Supervisors, the Mayor declared the meeting of Roanoke City Council adjourned at
1:30 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
218
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 16, 2000
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
October 16, 2000, at 12:15 p.m., the regular meeting hour, in the Emergency
Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith
presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15,
Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members William D. Bestpitch, William H. Carder, C. Nelson
Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, and Mayor Ralph K.
Smith ....................................................................................................... 7.
ABSENT: None .................................................................................... -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
At 12:17 p.m., the Mayor declared the meeting in recess until 2:30 p.m., at the
Governor's School Lecture Hall, Patrick Henry High School, 2102 Grandin Road,
S. W., City of Roanoke
At 2:30 p.m., the meeting reconvened in the Governor's School Lecture Hall,
Patrick Henry High School, 2102 Grandin Road, S. W., City of Roanoke for a staff
briefing on proposed amendments to the billboard ordinance.
PRESENT: Council Members William D. Bestpitch, William H. Carder, C. Nelson
Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, and Mayor Ralph K.
Smith ............... 7.
ABSENT: None ..................................................................................... -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr.,
Assistant city Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
219
CITY CODE-ZONING-SIGNS/BILLBOARDS/AWNINGS: The City Manager
introduced a briefing on proposed changes to the Zoning Ordinance relating to
billboard regulations on which Council will hold a public hearing at its 7:00 p.m.,
session this evening. In advance of the pubic hearing, she advised that certain
background information would be in order by the Director of Community Planning in
terms of the rationale behind the proposed changes versus waiting until a
comprehensive sign ordinance review is completed, as well as what the changes
represent in terms of legal cases that have occurred; whereupon, she introduced
Evelyn S. Lander, Director of Community Planning, for the briefing.
Ms. Lander advised that it is important to recognize that the proposed
amendments are brought forward separately from the amendments for sign
regulations because of recent court decisions that affect the manner in which the City
deals with billboards or outdoor advertising. She stated that other sign regulations
in the City's Zoning Ordinance have been under study for several years, with
approximately eight drafts to date that have been reviewed by City staff and the City
Planning Commission's Ordinances and Names Committee, and the last time the City
considered major revisions to its sign ordinance was approximately 20 years ago.
She explained that with revisions to the City's Comprehensive Plan, there will be an
opportunity to receive broad public input on the topic of sign regulations in general
during task team meetings which will require up to one year to bring forth additional
amendments to the sign regulations. Therefore, she noted that amendments dealing
with billboards are needed immediately to address specific language that has been
identified by the Circuit Court as being in conflict.
Ms. Lander called attention to the need to clarify the City Code to define how
the City measures between billboards and to limit the placement of new billboards
in those communities adjacent to gateway commercial corridors and residential
neighborhoods. She advised that the amendments to e considered by Council at its
7:00 p.m. public hearing were reviewed by the City Planning Commission Ordinances
and Names Committee in July and referred to the City Planning Commission for
public hearing on September 21, 2000; and current regulations must be changed to
specifically define how the City measures billboards from one location to another
because at the present time, conflicting language exists in the City Code. She stated
that a conflict word is proposed to be removed in the existing City Code as directed
by the courts and the City will maintain its current method of measuring distance
between billboards as is done for other land uses, i.e.: from property line to property
line. She added that this method is used because it is set forth in the existing code
section and the City must document public surveys of property lines that allows for
logical, accurate, equitable and appropriate administration of regulations. For the
purpose of billboard regulation, she noted it is also important that the City not only
maintain its previous interpretation for measuring between billboards, but consider
how other central cities like Roanoke address billboards as opposed to rural
communities.
22O
She explained that cities like Roanoke have numerous commercial corridors
throughout the municipal boundaries and numerous properties fronting on arterial
and collector streets; whereas, rural areas, such as the surrounding counties, have
fewer commercial corridors and properties that may be of larger acreage. She
advised that it is especially important that the City regulate and measure billboards
consistent with other land uses that are regulated in the City Code and administer
regulations accurately and equitably by using documented, accurate land surveys
and not instrument measurements that may be suggested or provided by the sign
industry.
Ms. Lander advised that the second issue relates to the need to address the
placement of billboards along the arterial and collector streets near the City's
municipal boundaries and residential areas; therefore, definitions are included of
arterial, collector and local streets in the proposed ordinance. In addition, she stated
that the City Planning Commission is recommending that billboards be better
regulated along the gateway corridors into the City and adjacent to residential
neighborhoods, and specifically, it is recommended that along those gateway
corridors that intersect a municipal boundary and where there is commercial or
industrial zoning, billboards should be separated by at least 500 feet as opposed to
the existing 250 feet currently set forth in the ordinance. She noted that existing
billboards that are closer than 500 feet along municipal boundaries are grand
fathered and may continue to exist; and it is also important to note that the City
Planning Commission is recommending more stringent regulations with respect to
the placement of billboards near the City's municipal boundaries and gateway
corridors and near residential neighborhoods, but it is not recommending a change
in the distance separating billboards outside of these areas.
Mr. Lander referred to a table summary illustrating how other communities
similar to Roanoke deal with billboards, and pointed out that most of the cities and
urban communities that were contacted have amended their ordinance to not permit
billboards; however, of those communities that permit billboards, regulations appear
to be more restrictive than Roanoke's existing regulations, with only the County of
Fairfax being less restrictive than the City of Roanoke. She referred to a handout on
communities within the Roanoke M.A., and noted that the City of Salem and Botetourt
County do not permit new billboards; and it is important to note that surrounding
localities do not have the same development patterns as the City of Roanoke.
Ms. Lander advised that the recommendation of the City Planning Commission
is that the amendments before Council are necessary to assist staff in clarifying the
City Code so as to maintain its previous interpretation in regard to regulating
billboards from property line to property line. She explained that if the City Code is
not clarified, the City could be subject to additional billboards that would not have
been permitted before certain court decisions were issued, and the proposed
amendments will also allow the City to deal more appropriately with new billboards
in the gateway areas adjacent to municipal boundaries and residential
neighborhoods.
221
There was discussion with regard to interpretation of the word "not
withstanding"; whether representatives of the billboard industry were aware that the
briefing was scheduled prior to the 7:00 p.m., public hearing; the responsibility of the
City of Roanoke to be a participatory government with its businesses by involving
those businesses in the formation of a document at its inception, thereby allowing
the document to be owned by all participants as the process proceeds through the
various stages; and discrepancies between the summary presented by City staff in
connection with what a survey of other localities compared with a survey submitted
by representatives of the billboard industry.
The Mayor advised that he owns controlling interest in a company that has
installed a billboard on his property, from which he receives compensation;
whereupon, he inquired if he would have a conflict of interest in voting on the
proposed amendments. The City Attorney advised that there does not appear to be
a conflict of interest.
The Mayor stated that no action was required at this time since Council will
hold a public hearing at its 7:00 p.m., session on proposed revisions to be billboard
regulations.
At 2:55 p.m., the Mayor declared the meeting in recess until 3:00 p.m., at the
Governor's School Lecture Hall, Patrick Henry High School, 2102 Grandis Road,
S. W., City of Roanoke.
At 3:00 p.m., on Monday, October 16, 2000, the regular meeting of City Council
reconvened in the Governor's School Lecture Hall, Patrick Henry High School, 2102
Grandis Road, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Smith presiding.
PRESENT: Council Members William D. Bestpitch, William H. Carder, C. Nelson
Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, and Mayor Ralph K.
Smith --7.
ABSENT: None ................
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Council MemberWilliam
D. Bestpitch.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
222
PRESENTATIONS
PROCLAMATIONS-DRUGS/SUBSTANCE ABUSE: The Mayor presented a
proclamation declaring October 22 - 31, 2000, as Red Ribbon Week in the City of
Roanoke.
Displaying red in the form of banners, ribbons worn as lapel pins, ribbons
placed on car antennas, and red bows placed on mail boxes or on front doors by
citizens of Roanoke demonstrate their commitment to a drug-free community.
(For full text, see proclamation on file in the City Clerk's Office.)
PROCLAMATIONS: The Mayor presented a proclamation declaring the month
of October as National Arts and Humanities Month in the City of Roanoke.
(For full text, see proclamation on file in the City Clerk's Office.)
PROCLAMATIONS: Inasmuch as Kit B. Kiser, Assistant City Manager for
Operations, will retire from the City of Roanoke on October 31,2000, after a long and
distinguished career spanning 33 years, the Mayor presented a proclamation
declaring Monday, October 16, 2000, as Kit B. Kiser Day in the City of Roanoke.
On behalf of the citizens of the City of Roanoke and the Members of Council,
the Mayor presented Mr. Kiser with a Key to the City in appreciation of his service.
(For full text, see proclamation on file in the City Clerk's Office.)
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda are
considered to be routine by the Members of Council and will be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion is
desired, that item will be removed from the Consent Agenda and considered
separately. He called specific attention to one request for a Closed Meeting to
discuss personnel matters with regard to vacancies on various authorities, boards,
commissions and committees appointed by Council.
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and committees
appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
223
Mr. Harris moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith .............................................................................................. 7.
NAYS: None. ~).
OATHS OF OFFICE-COMMITTEES-MUNICIPAL AUDITOR-HIGHER EDUCATION
CENTER-FIFTH PLANNING DISTRICT COMMISSION-PENSIONS-ROANOKE
NEIGHBORHOOD PARTNERSHIP: The following reports of qualification were before
Council:
Robert H. Bird as Municipal Auditor for the City of Roanoke for a term
of two years commencing October 1, 2000, and ending September 30,
2002;
Mark Emick as a member of the Roanoke Higher Education Authority
Board of Trustees;
Evelyn S. Lander as a member of the Roanoke Valley-Alleghany
Regional Commission for a term of three years ending June 30, 2003;
Melvin L. Sanders as a member of the Board of Trustees, City of
Roanoke Pension Plan, for a term ending June 30, 2002; and
Randall J. Scott as a member of the Roanoke Neighborhood Partnership
Steering Committee for a term ending November 30, 2002.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. Harris moved that the reports of qualifications be received and filed. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith .............................................................................................. -7.
NAYS: None ...................................................................................... -0.
224
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TAXES-WILLIAMSON ROAD AREA BUSINESS ASSOCIATION: Mr. John
Huffman, 3034 Wentworth Avenue, N. W., addressed council in connection with a
petition signed by at least one-half of the property owners in the Williamson Road
area requesting elimination of the tax imposed on business owners in the Williamson
Road Special Service District. He advised that the petition was forwarded to David L.
Collins, Assistant City Attorney, for review. (A copy was not filed with the City Clerk.)
The Mayor advised that Mr. Huffman also appeared before Council on
April 17, 2000, at which time his request was referred to the City Manager for report.
He stated that the City Manager responded by letter dated May 18 and reported that
after reviewing property in the Williamson Road Service District and the work plan
of the Williamson Road Area Business Association, it is recommended that Council
not redraw the service district boundaries. The Mayor further advised that it was his
understanding that the City Manager has not changed her position on the matter.
Without objection by Council, the Mayor advised that the remarks of Mr.
Huffman would be received and filed.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting appropriation of funds to the following school accounts, was before
Council.
$700.00 for the Kaplan SAT Tutorial Program to sponsor two students
to participate in the Kaplan SAT tutorial., said new grant to be funded
with a contribution;
$613,424.00 from 2000-01 Capital Maintenance and Equipment
Replacement Funds to fund school buses, facility maintenance
equipment, relocation of modular units, replacement of maintenance
vehicles, asbestos abatement, roof replacement, handicap access,
Magnet School improvements, and elementary school improvements;
$2,356,656.00 to provide Literary Loan funds to be used for
improvements to Fairview Elementary School; said funds to provide for
construction costs, architect and engineering fees, and a contingency
reserve; and
$2,243,334.00 to provide Literary Loan funds to be used for
225
improvements to Fishburn Park Elementary School, said funds to
provide for construction costs, architect and engineering fees, and a
contingency reserve.
A report of the Director of Finance recommending that Council concur in the
request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#35093-101600) AN ORDINANCE to amend and reordain certain sections of the
2000-2001 General, School and School Capital Projects Funds Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 549.)
Mr. White moved the adoption of Ordinance No. 35093-101600. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith ............................................................................................... 7.
NAYS: None .................................................................................... -0.
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council approve a revised Literary Fund loan application, in the
amount of $2.75 million, for the Fairview Elementary School project, was before the
body.
It was advised that the overall project cost for the Fairview and Fishburn Park
Elementary School projects is $4.6 million based on bids received last week; total
project cost for both schools is $400,000.00 less than the $5.0 million estimate for
Literary Fund loans on projects included in the School Board's May 2000 Capital
Improvement Plan; Council is requested to appropriate $2.35 million of the $2.75
million Fairview Literary Fund loan request, with the remaining $400,000.00 of the
Literary Fund loan request not to be appropriated at this time; and funds will be
requested for appropriation only if unforeseen additional work is required during
project construction.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Hudson offered the following Resolution:
226
(#35094-101600) A RESOLUTION authorizing the School Board for the City of
Roanoke to make application for a loan from the State Literary Fund for modernizing
Fairview Elementary School.
(For full text of Resolution, see Resolution Book No. 63, page 551.)
Mr. Hudson moved the adoption of Resolution No. 35094-101600. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith ................................................................................................ 7.
NAYS: None 0.
Mr. Hudson offered the following Resolution:
(#35095-101600) A RESOLUTION authorizing the School Board for the City of
Roanoke to expend funds for adding to and improving the present school building
at Fairview Elementary School and declaring the City's intent to borrow to fund or
reimburse such expenditures.
(For full text of Resolution, see Resolution Book No. 63, page 552.)
Mr. Hudson moved the adoption of Resolution No. 35095-101600. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith .............................................................................................. -7.
NAYS: None ....................................................................................... -0.
BONDS/BOND ISSUES-BUDGET-SCHOOLS: A communication from the
Roanoke City School Board requesting that Council issue General Obligation
Qualified Zone Academy Bonds (QZAB) in an aggregate principal amount not to
exceed $1,291,618.00, was before the body.
It was advised that funds will be used to reconstruct and equip the Roanoke
Academy for Mathematics and Science; the QZAB initiative is a Federal program that
allows lending institutions and schools to form a mutually beneficial partnership to
support education; the program offers bonds, interest-free, and allows a bank or
other lending institution to purchase the special no-interest bond on behalf of a
school; and schools qualify based on their percentage of free lunch students.
(For full text, see communication on file in the City Clerk's Office.)
227
Mr. Harris offered the following resolution:
(#35096-101600) A RESOLUTION (i) authorizing the School Board for the City
of Roanoke to expend funds for construction and equipping of a new building for the
Roanoke Academy for Mathematics and Science, including the demolition of the
existing building currently occupied by the Roanoke Academy for Mathematics and
Science and declaring the City's intent to borrow to fund or reimburse such
expenditures; and (ii) authorizing and directing the City Manager to file an application
with the Virginia Department of Education seeking an allocation of authority to issue
the City's general obligation qualified zone academy bonds in an amount not to
exceed $1,291,618.00 to finance equipment for the Roanoke Academy for
Mathematics and Science.
(For full text of Resolution, see Resolution Book No. 63, page 553.)
Mr. Harris moved the adoption of Resolution No. 35096-101600. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith .............................................................................................. 7.
NAYS: None 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
TRAFFIC-PARKS AND RECREATION: The City Manager submitted a written
report advising that In April and July, 1998, the City hosted public workshops on the
future of the Wiley Drive corridor; alternative solutions included (1) two-way traffic
with a cul-de-sac at Franklin Road, (2) making the road one-way, (3) closing the road
to automobiles, (4) restoring two-way thru traffic with an off-road recreational trail,
and (5) stopping through-traffic by splitting the road into two culs-de-sac in Smith
Park; each of these alternatives includes the off-road trail which is planned as a part
of the Roanoke River Flood Reduction Project; at the same time, the Roanoke River
Sewer Interceptor Project was progressing to the vicinity of Smith Park; construction
of the sewer interceptor in Smith Park was never intended to close Wiley Drive and
in fact, the first leg of the Roanoke River Greenway Trail was built through Smith Park
largely to provide access to the park during this construction, however,
unfortunately, engineering issues necessitated the temporary closing of Wiley Drive
in January 1999; and originally, City staff expected to reopen the road in a few
months.
228
It was further advised that on June 22, 2000, the City hosted the third public
workshop to present a recommendation favoring the first alternative and seeking
public comments; approximately 50 citizens attended the meeting and 30 left written
comments; most of the interaction was positive and upbeat, and although no
alternative could be called the consensus choice, two-way thru traffic seemed to have
the strongest apparent support; as a result, City staff recommended implementing
the plan with two-way thru traffic and traffic-calming measures as a part of the
current Capital Improvements Program project for park improvements; a budget for
the project was prepared by a subcommittee of the Citizens Advisory Committee for
the Comprehensive Parks & Recreation Master Plan, and the Citizens Advisory
Committee supported using bond funds for the project; Council appropriated funds
for implementation at its regular meeting on August 21,2000, pursuant to Ordinance
# 35023-082100, Account No. 008-620-9741-9001; and during the October 2, 2000, City
Council meeting, a number of citizens voiced both support and opposition for re-
opening Smith Park, and in addition, numerous e-mails, voice mails and letters have
been received by the City Manager's Office regarding the issue.
It was noted that the project has generated concerns from a wide range of
interest groups; in summary, citizens have shown a great interest in protecting the
park experience and the beauty of the river corridor, while providing access to the
river and to the recreational features of Smith Park; City staff has been moving to
implement the two-way thru traffic, traffic-calming measures, and the off-road trail;
and City staff is engaged in contract negotiations with Hill Studio, PC, for
development of construction documents.
The City Manager recommended that City staff proceed with the
recommendation to implement a plan involving two-way thru traffic with traffic-
calming measures and an off-road trail in order to permit all citizens access to the
park and to Wiley Drive.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. White.
In view of the number of persons who had registered to speak on the issue, it
was the consensus of Council that each speaker would be limited to two minutes.
Mr. Duane Howard, 508-B Walnut Avenue, S. W., advised that closing Wiley
Drive is a new issue and facts and figures are being used from reports that were
prepared in previous years and some information may be outdated. He submitted a
petition signed by 165 persons over a period of seven hours requesting that Council
delay its vote on the issue to provide more time for consideration of other options.
229
Ms. Christene A. Montgomery, 622-A Walnut Avenue, S. W., advised that Wiley
Drive and Smith Park are existing public roadways that provide persons with
disabilities with equal access to both parks and Wiley Drive served as her access to
the public picnic shelter and the playground area in Smith Park. She stated that
when changes are made that take away her access to the park area, that is a violation
of the Americans with Disabilities Act; installation of speed bumps, etc., between the
location where she parks her vehicle and accesses the sidewalk is in violation of her
rights as a disabled citizen; and during the time that the park has been open to other
persons and not to her as a disabled citizen, she has been discriminated against.
She stated that she wants equal access to both parks, along with parking for her
vehicle.
Mr. Henry Reese, 2426 Montvale Road, S. W., advised that if the gate at the end
of Smith Park is made wheel chair friendly, with appropriate paving, wheel chair
accessibility would be available without being impeded by vehicular traffic. He spoke
to the enjoyment of riding his bicycle along the river without being concerned about
traffic, and to open Wiley Drive to vehicles would cost in the range of $200,000.00 -
$300,000.00 which could be better spent on other City needs.
Mr. Sonny Widener, 1422 Main Street, S. W., advised that requirements of the
Americans with Disabilities Act should be considered; Smith Park is not a new park;
and to deny vehicular access violates the rights of all citizens to have access to the
park. He addressed the needs of families with small children who need full access
to the park, elderly and disabled citizens who are physically unable to walk long
distances, and air quality in Smith Park with vehicular traffic would be no different
than that on any other heavily traveled roadway of the City. He requested that
Council, as the elected representatives of all citizens, do the right thing for all
taxpayers of the City of Roanoke and not just a select few.
Mr. Fred Landis, 2740 Fawn Road, S. W., encouraged Council to reopen Smith
Park to vehicular traffic. He stated that he has been a frequent user of the park for
over 40 years and he would like to enjoy the park without restrictions.
Mr. Fredrick Williams, 3725 Sunrise Avenue, N. W., advised that for many
years, he used Wiley Drive as a short cut between his home in the South Roanoke
area and his place of employment in the City of Salem and, like everyone else who
used Wiley Drive, he exceeded the speed limit. He stated that Wiley Drive is not
needed as a corridor for traffic, because the road has been closed for two years and
no problems have resulted as a result of its closure. However, he advised that the
real issue is, where should streets go and what should be the character of the street
system and specifically, in this case, the question is, do City streets belong in public
parks. He added that the answer is clearly no because there are numerous creative
ways to insure that all persons have access to Smith Park without reopening Wiley
Drive to through traffic. He stated that the irony is that the City of Roanoke is in need
of traffic calming measures on any number of City streets, but instead, it is proposed
to spend large sums of money for traffic calming measures on a street that should
230
not be open to through traffic. He advised that at the very least, Council should table
the recommendation of the City Manager, allow ample time for citizens to become
familiar with the current configuration of Smith Park, and convene a meeting of all
interested parties to reach an acceptable plan for Smith Park.
Ms. Patty Vipperman, 208 Windward Drive, S. W., read a portion of an e-mail
prepared by her husband, Dick Vipperman, in which he requested that Council base
its recommendations on the Smith Park issue using the same kind of visionary
thinking that resulted in Center in the Square, the Star on Mill Mountain, opening of
the Shenandoah Hotel, and development of the Jefferson Center, etc. She asked that
citizens be shown that a greenway is something special and that a park should be
used as a park- not as a short cut, and, in addition to the action of providing a more
equitable balance in recreational facilities, Council should take a leadership position
that says Roanoke promotes quality of life and ecological improvements. She asked
that Council delay its vote and look at Smith Park from the standpoint of a new park.
Mr. Willie Carr, 2739 Colonial Avenue, S. W., suggested that the City consider
installing a barricade on Wiley Drive at Smith Park to stop traffic which would allow
access at the front from either end, with adequate parking and turn around capability.
Mr. Roy C. Kinsey, 2975 Rosalind Avenue, S. W., advised that Smith Park and
Wiley Drive should be open for enjoyment by all persons regardless of age.
Mr. Bruce Knappe, 2220 Westover Avenue, S. W., advised that there have been
many intelligent arguments made for limiting traffic in Smith Park and the point has
been made that motor vehicle traffic would detract from Smith Park's quality as a
park; therefor, he questioned the benefit of full two way traffic. He stated that the only
benefit would be for convenience purposes - for those persons traveling from one
side of the City to the other, and inquired as to the City's priorities, i.e.: having a
beautiful park in the center of the City, or having a more convenient way for persons
to get from one side of the City to the other. He added that the plan recommended
by the City Manager is a more expensive alternative than other plans that have been
suggested that do not allow for two way traffic; and two bridges must be replaced
and the City Manager's plan requires that bridges accommodate two way traffic, plus
incorporation of the greenway, which could involve a considerable sum of money.
Thomas Shelley, 2402 Avenel Avenue, S. W., spoke in support of closing Wiley
Drive to vehicular traffic.
Ms. Barbara Duerk, 2607 Rosalind Avenue, S. W., advised that shared access
is possible for a win/win situation, but not with two way vehicular traffic. She stated
that in the absence of a clear public consensus, City staff recommended 12 foot lanes
plus a 12 foot trail because the area serves as an in town life-oriented scenic parkway
which is wrong. She stated that additional asphalt will create more water run off,
leading to added flooding conditions in the area.
231
Ms. Fredricka Monk, 3343 Pittsfield Drive, N. W., requested that the City
Manager postpone her recommendation to allow more time to study the matter before
Council makes a final decision.
Mr. Robert McCleary, 1205 Dale Avenue, S. E., spoke in support of closing
Wiley Drive to vehicular traffic. He called attention to air pollution created by
vehicular traffic and although closing Wiley Drive will not solve the problem, it will
be a step in the right direction.
Mr. John Parrott, 714 Wildwood Road, S. W., appeared before Council in his
capacity as the father of an 11 year old disabled child. He requested that Council
postpone its decision, because it is felt that keeping Wiley Drive closed to vehicular
traffic opens a whole new world to people with disabilities because there are very few
places in the City of Roanoke where disabled persons can go and not be concerned
about cars.
Mr. Norman Prince, 550 Mountain Avenue, S. W., advised that it should be easy
to find a solution o the problem to allow access by automobiles to Smith Park, while
at the same time denying high speed access through the park. He encouraged
Council to delay action on the matter to allow sufficient time to address other
alternatives.
Ms. Elizabeth Barbour, 541 Camilla Avenue, S. E., encouraged that the vote be
delayed to provide time to review other alternatives, while not allowing vehicular
traffic. She called attention to the possibility of creative cul-de-sacing will allow all
persons to have access to the park which would provide a large multi acreage park
that is primarily clear of vehicular traffic and will help the City of Roanoke to attract
the kinds of people and businesses that are desired in the year 2000 and beyond.
Ms. Lisa Knappe, 2220 Westover Avenue, S. W., requested that Council delay
the vote to provide more time for study of other alternatives.
Mr. Edward Hokanson, 4351 Garst Mill Road, S. W., advised that the issue is
one of quality of life which has no geographic boundaries. He stated that Council has
an opportunity to address a quality of life issue and asked that Council delay its vote
on Wiley Drive to consider other alternatives.
Ms. Susan Adams, 430 Allison Avenue, S. W., requested that Council delay its
vote to allow more time to study other alternatives. She stated that on a recent visit
to Smith Park, she observed numerous disabled citizens and children enjoying the
scenic atmosphere of the Park, and requested that Wiley Drive remain closed to
vehicular traffic for another six to twelve months in an effort to find a solution that
will address the needs of all persons.
Mr. William O. Lavin, 3062 Carolina Avenue. S. W., requested that Council vote
on the issue and move on to more important issues facing the City of Roanoke.
232
Ms. Lori K. Heymann, 3051 Hemlock Road, S. W., requested that Council delay
its vote to allow more time to study th matter. She spoke in support of leaving Wiley
Drive closed to vehicular traffic and noted that if the corridor for the bio-med center
is developed, the roadway will be worthless in five years as a thru way because it will
not be able to accommodate the volume of traffic that is anticipated. She stated that
to pit vehicular against bicycles is unfair.
Mr. Bestpitch spoke in support of closing Smith Park for the entire length of
Wiley Drive, starting at Winchester Avenue at the far end of Wasena Park and
extending all the way back to the other end of Wiley Drive toward Jefferson Street,
making the entire length one way, installing barricades to separate vehicular traffic
from automobiles and walkers, with open space appropriately marked "pedestrian
crossway", to enable persons to walk from one side to the other in an effort to meet
the needs of all citizens.
Ms. Wyatt advised that in order to avoid the appearance of discriminatory
practice, it is important to address the issue so as to provide equal access for all
citizens of the community and not just a select group. Therefore, she stated that she
would support the suggestion of Council Member Bestpitch which provides for
vehicular traffic, allows persons to access the park by either car or bicycle, etc., and
enables full access to the park, while not making it more convenient for one group
over another.
Mr. Hudson advised that the matter can be discussed indefinitely and there will
continue to be a divided Council because it will be impossible to please everyone;
therefore, it is time for Council to vote and move on to other important issues facing
the City. He stated that parks are for all citizens and should not be limited to a select
few, therefore, the recommendation of the City Manager provides something for
everyone.
The City Manager was requested to respond to the various
alternatives/suggestions which were offered by the above listed speakers;
whereupon, she advised that her report provided information on previous actions and
discussions by Council; while trying to review the issue in a professional manner.
She stated that she has reviewed and evaluated all of the alternatives that were
presented to Council by the various speakers, and she is committed to providing
Council with a recommendation that is in the best interest of all of the citizens of
Roanoke and not a select group. She advised she considered the issues of one-way
traffic and is of the opinion that Wiley Drive should be open to traffic, therefore, she
cannot recommend to Council that the road remain closed or support any
recommendation for cul-de-sacing. She stated that her recommendation to Council
remains the same; however, if Council were to be persuaded to do otherwise, her
second choice would be to open Wiley Drive to one way traffic in the direction of the
hospital. She stressed that she continues to support her recommendation to Council
because it supports the greatest percentage of Roanoke's population.
233
The Mayor advised that the purpose of Council is serve as many citizens as
possible; therefore, more citizens would be served by opening Wiley Drive to one way
traffic, which is an option that he would support.
Mr. Bestpitch offered a substitute motion that Council request City staff to
proceed with development of a plan to allow one way traffic on Wiley Drive for the
entire length of Wasena Park and Smith Park. The substitute motion was seconded
by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Wyatt and Mayor Smith ..... 5.
NAYS: Council Members Hudson and White ............................................... -2.
BUDGET-PUBLIC WORKS-ENVIRONMENTAL POLICY: The City Manager
submitted a written report advising that in May 2000, funding needs for environmental
commitments related to Consent Agreements and clean-up at the Public Works
Service Center (PWSC) were identified; the City continues to work with the State
Department of Environmental Quality and the Federal Environmental Protection
Agency to bring the matter to a close; $477,911.00 was included in General Fund
Transfer to Capital Projects Fund account in the adopted budget, and $60,000.00 was
included in the Capital Maintenance and Equipment Replacement Program (CMERP)
for fiscal year 2000-01 to help meet the City's legal commitments for the current fiscal
year; and action by Council is needed to appropriate the funds to the Public Works
Service Center project.
It was further advised that to cover legal commitments of the Public Works
Service Center Project in fiscal year 1999-00, $296,182.00 was transferred from the
Roanoke River Flood Reduction Project and must be repaid, $97,911.00 is being
repaid via this report; and the remaining $198,271.00 to be replenished to this
account will be provided from Transfer to Capital during fiscal year 2001-02.
The City Manager recommended that Council appropriate funds, as follows:
Appropriate From:
Account Name
Account Number Amount
Transfer to Capital Projects Fund
CMERP - FY 2000-01
001-250-9310-9508 $477,911.00
001-3323 60,000.00
Total $537,911.00
234
Appropriation To:
Account Name
Environmental Issues - PWSC:
Environmental Consultants/
Subcontractors
Legal Costs
Audits (PWSC, P&R, ULS)
Settlement - State DEQ:
Total
Account Number
008-052-9670-9251
008-052-9670-9252
008-052-9670-9217
Annual Hazardous Waste Clean-
up Day (Community Projects) 008-052-9681-9214
Stream Bank Restoration Project 008-052-9681-9216
Subtotal - PWSC
Roanoke River Flood Reduction 008-056-9620-9003
Amount
$225,000.00
60,000.00
15,000.00
65,000.00
75,000.00
$44O,OOO.OO
97,911.00
$537,911.00
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#35097-101600) AN ORDINANCE to amend and reordain certain sections of the
2000-2001 General and Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 555.)
Mr. White moved the adoption of Ordinance No. 35097-101600. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith ............................................................................................ 7.
NAYS: None 0.
Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W., inquired as to total cost of
clean up efforts at the Public Works Service Center and who was the responsible
party for authorizing the burying of the barrels. He called attention to abandoned
vehicles (buses and automobiles) in the vicinity of the Public Works Service Center
(Interstate 581) and inquired if they will be removed.
235
Council Member White suggested that the comments of Mr. Jeffrey be referred
to the City Manager, City Attorney and Director of Finance for response.
HEALTH DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a
written report advising that each year, the City submits a Consolidated Plan Annual
Update (Annual Update) to the U. S. Department of Housing and Urban Department
(HUD), in order to receive Community Development Block Grant (CDBG) and HOME
Investment Partnerships (HOME) entitlements; and the Annual Update describes
individual programs to be conducted with funds awarded to the City.
It was further advised that Kuumba Community Health and Wellness Center
has requested financial assistance for development of its Community Health and
Wellness Center located at 3716 Melrose Avenue, N. W., to provide primary family
health care, health education, assistance in obtaining medications, patient case
management and preventive care counseling to residents in this under served area;
a subgrant agreement with Kuumba is necessary to provide funding and funding is
available in Account No. 035-G01-0140-5189, in the amount of $55,000.00, to be
transferred to an account to be established by the Director of Finance.
The City Manager recommended that she be authorized to amend the 2000-01
Annual Update to the HUD Consolidated Plan to reflect inclusion of the Kuumba
program, and to execute documents in connection with said amendment, following
a public review and comment period, and provided that no compelling adverse public
comments are received; that the City Manager be further authorized to execute a
CDBG Subgrant Agreement with Kuumba Community Health and Wellness Center,
to be approved as to form by the City Attorney, and that Council transfer $55,000.00
from Account No. 035-G01-0140-5189 to an account to be established by the Director
of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder offered the following emergency budget ordinance:
(#35098-101600) AN ORDINANCE to amend and reordain certain sections of the
2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 557.)
Mr. Carder moved the adoption of Ordinance No. 35098-101600. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith ............................................................................................. -7.
NAYS: None ................................................................................... -0.
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Mr. Harris offered the following resolution:
(#35099-101600) A RESOLUTION authorizing the City Manager to amend the
Annual Update to the Consolidated Plan for FY 2000-01, and to execute documents
in connection with said amendment; and authorizing execution of a Subgrant
Agreement with the Kuumba Community Health and Wellness Center.
(For full text of Resolution, see Resolution Book No. 63, page 558.)
Mr. Harris moved the adoption of Resolution No. 35099-101600. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith ............................................................................................. -7.
NAYS: None- 0.
BUDGET-HUMAN DEVELOPMENT: The City Manager submitted a written report
advising that the Roanoke Valley Task Force on Homelessness appointed by the City
Manager in 1987 established a vision to reduce the incidence and prevalence of
homelessness in the Roanoke Valley; since that time, numerous programs have been
developed to address the issue of homelessness, including establishment of the
Homeless Assistance Team (HAT); in 1997, the City of Roanoke received grant funds
from the U. S. Department of Housing and Urban Development (HUD) to provide
supportive services to the homeless; the current grant, in the amount of $433,656.00,
was renewed in February 2000, for an additional three-year period; and grant funds
provide for three full-time employees.
It was further advised that the current grant provides only medical and dental
benefits for these full-time employees and no additional HUD funding will be available
until the year 2003; the City is requesting local funds to cover the costs of life
insurance, disability insurance, retirement and paid leave benefits as afforded other
employees, at a total cost for the remainder of the grant cycle of $33,779.00; and
funding is available in State and Local Hospitalization, Account No. 001-630-5330-
2010.
The City Manager recommended that Council appropriate $33,779.00 from State
and Local Hospitalization Program, Account No. 001-630-5330-2010, to grant fund
revenue and expenditure accounts to provide funds for full benefits for three full-
time employees.
(For full text, see report on file in the City Clerk's Office.)
237
Mr. Harris offered the following emergency budget ordinance:
(#35100-101600) AN ORDINANCE to amend and reordain certain sections of the
2000-2001 General and Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 559.)
Mr. Harris moved the adoption of Ordinance No. 35100-101600. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith ............................................................................................. -7.
NAYS: None O.
YOUTH-ROANOKE INTERAGENCY COUNCIL: The City Manager submitted a
written report advising that Council adopted Resolution No. 31301-011193
establishing a Community Policy and Management Team (CPMT) for the City of
Roanoke, pursuant to the Comprehensive Services Act for At-Risk Youth and
Families, appointing membership, providing powers and duties of the Team, and
designating legal counsel and a fiscal agent, effective January 1, 1993; Section 2.1-
751, Code of Virginia (1950), as amended, requires the Community Policy and
Management Team to appoint representatives of certain agencies, including the
community services board, juvenile court services unit, department of health,
department of social services, and the local school division; when Council
established the Team, representatives from member agencies were named by
position and not by individual name; according to the resolution adopted by Council,
the school representative to the Team is the Director of Special Services, and an
administrative reorganization in the Roanoke City Schools shifted Community Policy
and Management Team responsibility to the Assistant Superintendent for
Instructional Services and Learning Organizations.
The City Manager recommended that Council adopt a resolution amending
Resolution No. 31301-011193 to establish the Assistant Superintendent for
Instructional Services and Learning Organizations as the school representative to the
Roanoke Interagency Council.
(For full text, see report on file in the City Clerk's Office.)
238
Mr. Harris offered the following resolution:
(#35101-101600) A RESOLUTION re-establishing the membership of the
Roanoke Interagency Council.
(For full text of Resolution, see Resolution Book No. 63, page 561.)
Mr. Harris moved the adoption of Resolution No. 35101-101600. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith ............................................................................................... 7.
NAYS: None ..................................................................................... -0.
BUDGET-BLUE RIDGE INDEPENDENT LIVING CENTER: The City Manager
submitted a written report advising that the Fifth District Disability Services Board
(DSB) is responsible to local governments and serves as a critical resource for needs
assessment, information sharing and service opportunities for citizens with
disabilities, their families and the community; the following jurisdictions in the Fifth
Planning District have enacted resolutions establishing their participation in a
regional effort and appointed a local official to serve: the Cities of Roanoke, Salem,
Covington, Clifton Forge; the counties of Roanoke, Craig, Botetourt, and Allegheny;
and the Town of Vinton; other members of the Disability Services Board include
representatives from business and consumers; and Council authorized the Director
of Finance to serve as fiscal agent for the Fifth Planning District Disabilities Services
Board on September 25, 1995, pursuant to Resolution No. 32675-092595.
It was further advised that funds, in the amount of $10,973.00, have been
allocated to the Fifth District DSB by the State Department of Rehabilitative Services
to Blue Ridge Independent Living Center; Blue Ridge Independent Living Center will
provide a local cash match of $1,219.00; funds will be used to create a loan closet for
use by people with physical and/or sensory disabilities, and the loan closet will
provide those persons with physical and/or sensory disabilities who reside
throughout the Fifth Planning District with an opportunity to utilize a variety of
assistive devices to determine whether the device meets their need before actual
purchase; such items will include side stepper cane/walker, electric wheelchair,
transfer boards and other equipment; and these devices will be provided to
individuals on an emergency or temporary basis.
239
The City Manager recommended that Council appropriate $12,192.00 to certain
grant fund accounts to be established by the Director of Finance and create a
corresponding revenue estimate, to provide funding for the Fifth District DSB as
follows: Fees for Professional Services ($973.00) and Expendable Equipment
($11,219.00); and the Blue Ridge Independent Living Center will purchase
equipment/devices and request reimbursement through the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#35102-101600) AN ORDINANCE to amend and reordain certain sections of the
2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 561.)
Mr. Hudson moved the adoption of Ordinance No. 35102-101600. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith ............................................................................................... 7.
NAYS: None ...................................................................................... -0.
CMERP-EQUIPMENT: The City Manager submitted a written report concurring
in a report of a Bid Committee with regard to Capital Maintenance and Equipment
Replacement Program (CMERP) purchases.
It was advised that the CMERP has identified the need to replace three pick-up
trucks with utility bodies, one cargo window van and one utility vehicle for various
City departments; and identified units are intended to replace older units that are
experiencing excessive repair cost and down time.
The Bid Committee recommended that Council accept the following bids:
One new 3/4 ton, four - wheel drive pick-up truck cab/chassis, two new 314 ton
pick-up truck cab/chassis and one new 314 ton cargo window van from
Dominion Car Company, at a total cost of $80,273.00.
Three new utility bodies to be mounted on pick-up truck cab/chassis from
General Truck Body Company, at a total cost of $9,917.00.
One new mid size, four - wheel drive utility vehicle from Magic City Motor
Corp., at a total cost of $26,942.00.
240
It was explained that funding is available in Fleet Management Account No.
017-440-2642-9015, and Council is requested to authorize issuance of purchase
orders for a total cost of $117,132.00, and reject all other bids received by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#35103-101600) A RESOLUTION accepting bids made to the City for furnishing
and delivering trucks and related equipment, upon certain terms and conditions; and
rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 63, page 562.)
Mr. Hudson moved the adoption of Resolution No. 35103-101600. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith ................................................................................................ 7.
NAYS: None 0.
DIRECTOR OF FINANCE:
CITY CODE-TAXES-LEGISLATION-UTILITIES: The Director of Finance
submitted a written report advising that in addition to the Special Tax on Consumers
of Local Telephone Service (the "E-911 Tax") and the Tax on Purchase of Utility
Services ("Utility Consumer Tax"), the Office of Billings and Collections administers
numerous other local taxes, such as the Prepared Food and Beverage Tax,
Admissions Tax, and the Transient Occupancy Tax; with the exception of the E-911
Tax and the Utility Consumer Tax, all of these taxes provide that the legal entity
which collects the taxes must file both a report and a remittance by the due date of
the taxes to avoid a penalty; the report filed along with the tax payment includes
information such as account number, tax period, and the basis on which the tax is
calculated and also includes other necessary information such as any exemptions,
gross receipts, number of telephone lines, etc., which allows verification of the
calculated tax payments; and the City has recently become aware that both the E-911
Tax and the Utility Consumer Tax ordinances as written impose a penalty only when
payment is not made, which often causes difficulty in processing payments without
the required reporting form.
241
The Director of Finance recommended that Council adopt an ordinance
amending Article XIII, Special Tax on Consumers of Local Telephone Service, Section
32-282.2 and Article VII Tax on the Purchase of Utility Services, Section 32-180, to
provide a penalty if both a report and remittance are not filed and paid within the time
specified by Section 32-277 and Section 32-171, respectively.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency ordinance:
(#35104-101600) AN ORDINANCE amending and reordaining Section 32-282.2,
Penalty for late remittance, of Article XlII, Special Tax on Consumers of Local
Telephone Service, of Chapter 32, Taxation, of the Code of the City of Roanoke
(1979), as amended, and Section 32-180, Failure to remit, of Article VII.I, Tax on
Purchase of Utility Services, of Chapter 32, Taxation, of the Code of the City of
Roanoke (1979), as amended, by imposing a penalty on telephone and utility
companies if such companies do not submit a report containing relevant payment
information, in addition to the remittance of taxes collected, by the specified due
date; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 563.)
Mr. Hudson moved the adoption of Ordinance No. 35104-101600. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith ................................................................................................ 7.
NAYS: None ................................................................................... --0.
CREDIT CARD: The Director of Finance and the City Manager submitted a joint
written report advising that it would benefit the City of Roanoke to enter into a
contractual arrangement with a credit card service provider for the use of purchasing
cards; purchasing cards would be used for small dollar purchases of goods or
services or for approved employee travel; the use of credit cards would facilitate
purchasing for small transactions and create processing efficiency through payment
of one bill to one vendor, replacing numerous payments to many vendors;
purchasing cards are a "best practice" as identified by the Government Finance
Officers Association; and the Commonwealth of Virginia and numerous Virginia
localities use credit cards.
It was further advised that the City administration plans to allow credit card
purchases only where transactions do not exceed $1,000.00; an administrative
procedure would be prepared to govern the use of credit cards, and all persons
issued credit cards would be required to sign a cardholder agreement concerning
242
their responsibilities of card use; in order to implement the program, an organization
qualified to provide credit card service, training and customer support, and
necessary controls and restrictions required by the City must be engaged; although
the sealed bid method of procurement would normally be used, it is not practicable
or advantageous to use in this case, because the experience and qualifications of a
firm that can provide these services is of equal, if not greater, importance than the
cost; issues of rebate percentages, credit card flexibility, bill inquiry response time,
billing procedures, dispute process time frame, quality and availability of
management reports, and electronic media capabilities are of utmost importance;
and, therefore, the process of competitive negotiation, using a request for proposal,
will be the best method of procurement for such services.
The Director of Finance and the City Manager recommended that Council
authorize the use of competitive negotiation as the method to secure a vendor to
provide appropriate services for the City's purchasing card program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#35105-101600) A RESOLUTION designating the procurement method known
as competitive negotiation, rather than the procurement method known as
competitive sealed bidding, to be used for procurement of purchasing cards for small
purchases and travel expenses and documenting the basis for this determination.
(For full text of Resolution, see Resolution Book No. 63, page 565.)
Mr. Harris moved the adoption of Resolution No. 35105-101600. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith ......................................................................................... -7.
NAYS: None ....................
Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W., inquired if a written policy will
be established defining authorized users of City credit cards, cost projections based
on current credit card rates, and criteria for bidding by credit card companies. He
advised that this could be an opportunity for minority participation.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
243
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
COUNCIL: Mr. Harris offered the following resolution changing the place of
commencement of the meeting of City Council regularly scheduled to occur at 12:15
p.m., on November 6, 2000, in the City Council Chamber, 215 Church Avenue, S. W.,
to the Emergency Operations Center Conference Room, first floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., and changing the time and place of
the meeting of Council regularly scheduled to occur at 2:00 p.m., on November 6,
2000, in the City Council Chamber, 215 Church Avenue, S. W., to 3:00 p.m., in the
Exhibit Hall, Roanoke Civic Center, 710 Williamson Road, N. W., in the City of
Roanoke:
(#35106-101600) A RESOLUTION changing certain times and places of
commencement of regular meetings of City Council scheduled to be held on Monday,
November 6, 2000.
(For full text of Resolution, see Resolution Book No. 63, page 566.)
Mr. Harris moved the adoption of Resolution No. 35106-101600. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith ........................................................................................... 7.
NAYS: None ....... --0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
COUNCIL: Council Member Bestpitch commended Roanoke County for hosting
the first Roanoke Valley Social which was held on Saturday, October 7, 2000, at
Explore Park, and requested that the City of Roanoke take the initiative to reciprocate
in the near future.
POLICE DEPARTMENT-COUNCIL-YOUTH: Council MemberWyatt commended
officers of the Police Mounted Patrol Unit who recently met with students from
Westside Elementary School. She advised that their participation speaks well of the
Police Department and its efforts to go above and beyond the call of duty to be of
assistance to Roanoke's citizens, regardless of their age.
OATHS OF OFFICE-COMMITTEES-TOWING CONTRACT: Pursuant to Ordinance
No. 34843-060500, adopted by Council on Monday, June 5, 2000, which provides for
creation of a Towing Advisory Board, the Mayor opened the floor for nominations.
244
Mr. Harris placed in nomination the names of Charles R. Brown, William F.
Clark, Robert R. Young, Christine Proffitt, Charles A. Karr, Patrick B. Shumate,
Ronald L. Wade, Thomas A. Wood, and Mrs. Clovis Rogers.
There being no further nominations, Messrs. Brown, Clark, Young, Karr,
Shumate, Wade, and Wood, and Ms. Rogers and Ms. Proffitt were appointed as
members of the Towing Advisory Board, by the following vote:
FOR MESSRS. BROWN, CLARK, YOUNG, KARR, SHUMATE, WADE, AND
WOOD, AND MS. ROGERS AND MS. PROFFITT: Council Members Bestpitch, Carder,
Harris, Hudson, White, Wyatt, and Mayor Smith ................................................. -7.
Inasmuch as Messrs. Brown, Clark and Wood are not residents of the City of
Roanoke, Mr. Harris moved that the City residency requirement for persons serving
on authorities, boards, commissions and committees appointed by the Council be
waived in this specific instance. The motion was seconded by Mr. Hudson and
adopted.
OATHS OF OFFICE-COMMITTEES-FIRE DEPARTMENT: The Mayor advised that
there is a vacancy on the Board of Fire Appeals, and called for nominations to fill the
vacancy.
Mr. Bestpitch placed in nomination the name of Mark K. Cathey.
There being no further nominations, Mr. Cathey was appointed as a member
of the Board of Fire Appeals for a term ending June 30, 2004, by the following vote:
FOR MR. CATHEY: Council Members Bestpitch, Carder, Harris, Hudson, White,
Wyatt, and Mayor Smith ~7.
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor called attention to
vacancies on the Youth Services Citizen Board, and opened the floor for nominations
to fill the vacancies.
Ms. Wyatt placed in nomination the names of John Lewis and Jenna Decker.
Mr. Hudson placed in nomination the name of F. B. Webster Day.
There being no further nominations, Messrs. Lewis and Day and Ms. Decker
were reappointed/appointed as members of the Youth Services Citizen Board, for
terms ending May 31, 2003, by the following vote:
FOR MESSRS. LEWIS AND DAY AND MS. DECKER: Council Members
Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith .......................... 7.
245
OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING DEPARTMENT: The
Mayor advised that there is a vacancy on the New Construction Code, Board of
Appeals, for a term ending September 30, 2005, and called for nominations to fill the
vacancy.
Mr. Bestpitch placed in nomination the name of Reginald P. Church.
There being no further nominations, Mr. Church was appointed as a member
of the New Construction Code, Board of Appeals, for a term ending
September 30, 2005, by the following vote:
FOR MR. CHURCH: Council Members Bestpitch, Carder, Harris, Hudson, White,
Wyatt, and Mayor Smith ................................................................................... 7.
OATHS OF OFFICE-COMMITTEES-ROANOKE CiViC CENTER: The Mayor
advised that there are vacancies on the Roanoke Civic Center Commission for terms
ending September 30, 2003, and called for nominations to fill the vacancies.
Mr. Hudson placed in nomination the names of Calvin Johnson, Edward L.
Lambert and Thomas G. Powers, Jr.
There being no further nominations, Messrs. Johnson, Lambert and Powers
were appointed as members of the Roanoke Civic Center Commission for terms
ending September 30, 2003, by the following vote:
FOR MESSRS. JOHNSON, LAMBERT AND POWERS: Council Members
Bestpitch, Carder, Harris, Hudson, White, Wyatt and Mayor Smith .......................... -7.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
The Mayor advised that Council sets this time as a priority for citizens to be
heard and a time for Council to listen; and matters requiring referral to the City
Manager will be referred without objection, immediately, for any necessary and
appropriate response, recommendation or report to Council.
CITY COUNCIL-CITY GOVERNMENT: Mr. Martin Jeffrey, 517 Rutherford
Avenue, N. W., advised that as a taxpayer of Roanoke, he has decided to participate
in his City government, which says that it values citizen participation. He further
advised that his participation will be on behalf of those citizens who, for various
reasons, cannot attend afternoon City Council sessions to raise legitimate questions,
issues and concerns which deserve a response by Council. He expressed concern
regarding the limited amount of time allotted to citizens to make their
comments/presentations before Council.
At 5:30 p.m., the Mayor declared the meeting in recess.
246
At 6:15 p.m., the meeting reconvened in the Governor's School Lecture Hall,
Patrick Henry High School, 2102 Grandis Road, S. W., with Mayor Smith presiding
and all Members of the Council in attendance, except Council Member Hudson, who
left the meeting during the Closed Session.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such public
business matters as were identified in any motion by which any Closed Meeting was
convened were heard, discussed or considered by City Council. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, White, Wyatt, and Mayor
Smith 6.
NAYS: None ................................................................................. O.
(Council Member Hudson left the meeting during the Closed Session.)
COMMUNITY PLANNING-ROANOKE VISION, COMPREHENSIVE
DEVELOPMENT PLAN: It was the consensus of Council that the following persons
would be appointed as members of the Citizens Advisory Committee for Vision 2001,
with four additional members to be appointed at a future Council meeting: Walter
Rugaber, Brenda L. McDaniel, Carolyn Coles, Frederick M. Williams, Carl D. Cooper,
Steve Lemon, Paula L. Prince, Talfourd H. Kemper, Jr., Kevin A. Deck, Matthew
Kennel, Dan Smith, Elvah D. Taylor, Mary C. Knapp, Tom Pettigrew, Daniel E. Karnes,
Susan L. Willis, Jeanne H. Pedigo, Patrick N. Shaffner, J. Lee E. Osborne, Pearl Fu,
John P. Bradshaw, Jr., David W. Davis, III, Beth Doughty, James M. Turner, Jr., Kevin
Kays, Jonathan K. Wolfe, Jeannette Manns, Erin Garvin, Mark McConnel, Brian M.
Shepard, Christopher Froeschl, Christene C. Proffitt, Stephanie Scott, Evelyn D.
Bethel, George Kegley, Brian Gottstein, Richard Dearing and Eddie Wallace.
At 6:20 p.m., the Mayor declared the meeting in recess to be reconvened at
7:00 p.m.
On Monday, October 16, 2000, at 7:00 p.m., the Roanoke City Council
reconvened in regular session at the Governor's School Lecture Hall, Patrick Henry
High School, 2102 Grandis Road, S. W., City of Roanoke, with the following Council
Members in attendance, Mayor Smith presiding.
247
PRESENT: Council Members William D. Bestpitch, William H. Carder, C. Nelson
Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, and Mayor Ralph K.
Smith 7.
ABSENT: None ................................................................................... -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Council Member Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Boy Scout Troop No. 8, Raleigh Court United Methodist Church.
HEARING OF CITIZENS:
POLICE DEPARTMENT-COMPLAINTS: Mr. Wayne Jones, 127 Patton Avenue,
N. W., addressed the issue of alleged police misconduct, which instances will
continue to be brought to the attention of Council until Council recognizes the need
for a citizen review panel. He inquired as to why the three citizens who have
completed the Police Academy have not been called upon to hear issues involving
citizens and the police department. He stated that problems between citizens and
the police department should not be allowed to get out of control; therefore, the
Mayor, City Council, the City Manager, the Assistant City Manager and the Chief of
Police will be held accountable by citizens for actions by the police department.
Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W., addressed Council with
regard to the James Minor motorcycle accident in which Mr. Minor lost his life during
an alleged police pursuit. He advised that there are other witnesses to the police
chase who will testify that they observed police cruisers following Mr. Minor to the
1100 block of Hanover Avenue where he met his death and there are other
inconsistencies in testimony that witnesses will share with the appropriate body. He
called attention to a recommendation by the City Manager regarding the appointment
of a citizen review panel and requested that the panel, which will consist of police
officers and citizens, be activated to review all information regarding the James Minor
accident to insure that there has been an objective review of all circumstances
surrounding Mr. Minor's death.
Without objection by Council, the Mayor advised that the remarks of Mr. Jones
and Mr. Jeffrey would be referred to the City Manager.
248
AFFIRMATIVE ACTION: A request of Ms. Freda Cathcart and Ms. Nanette
Borling to address the issue of sexual orientation/discrimination, was before Council.
Ms. Borling withdrew her request to speak and Ms. Cathcart advised that her
remarks would be placed in writing and forwarded to Council at a later date.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday,
October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on
the request of Madison Health Care Center, that approximately 10.384 acres of land
located at 4415 Pheasant Ridge Road, S. W., identified as Official Tax No. 5460101,
be rezoned from C-1, Office District, to LM, Light Manufacturing District, subject to
certain conditions proffered by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 29 and Friday, October 6, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
A communication from Richard L. Jones, Jr., Spokesperson, requesting that
the public hearing be continued until the regular meeting of Council on Monday,
November 20, 2000, at 7:00 p.m., was also before the body.
(For full text, see communication on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the public hearing would
be continued until the regular meeting of Council on Monday, November 20, 2000, at
7:00 p.m., at the Governor's School Lecture Hall, Patrick Henry High School, 2102
Grandis Road, S. W., City of Roanoke, Virginia.
ZONING-CITY CODE: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on the request of Adam J. Cohen, to amend Section 36.1-25, Definitions, of the
Code of the City of Roanoke (1979), as amended, to include a definition for a single-
family attached dwelling; and that Section 36.1-127, special exception uses in the RM-
2, Residential Multi-family, Medium Density District, and Section 36.1-186, special
exception uses in the C-1, Office District, be amended to permit single-family
attached dwellings by special exception, the matter was before the body.
249
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 29, and Friday, October 6, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that rather than proceed to
City Council with an unfavorable recommendation, Mr. Cohen chose to amend his
petition; the revised petition requests an amendment to the City's zoning code to
create a new definition for single-family attached dwellings, with such dwellings
permitted by special exception in the RM-2, Residential Multifamily, Medium Density
District, and the C-1 Office District, was before the body.
The City Planning Commission recommended that no change be made to the
existing zoning code, and advised that existing code provisions support housing
recommendations as set forth in the City's Comprehensive Plan.
(For full text, see report on file in the City Clerk's Office.)
Due to an advertising technicality, the Mayor advised that the public hearing
would be continued until the regular meeting of Council on Monday, November 20,
2000, at 7:00 p.m., at the Governor's School Lecture Hall, Patrick Henry High School.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Monday, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the request of Magic City Branch #524 National Association of Letter
Carriers, that a certain alley extending from 10th Street, N. E., to 11th Street,
described as Block 7, Fairmount Map, being parallel to and between Georgia Avenue
and Connecticut Avenue, be permanently vacated, discontinued and closed, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 29, and Friday, October 6, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that Magic City Branch #524
National Association of Letter Carriers owns and operates a union lodge facility at
1015 Georgia Avenue, N. E.; the applicant has also filed a separate application to
vacate, discontinue and close a certain 285 foot section of Georgia Avenue, N. E., that
extends between Blocks 6 and 7; the above-described undeveloped alley, as
requested for vacation and closure in the application, extends from 10th Street to
11th Street, N. E., through the center of Block 7, and is located approximately 130 feet
to the east of this 285 foot section of Georgia Avenue; and the applicant owns all of
the properties abutting upon the east side of the alley.
250
The City Planning Commission recommended that Council approve the request
to close, discontinue and permanently vacate the above described undeveloped
public alley, subject to certain conditions as more fully set forth in the report.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris moved that the following ordinance be placed upon its first reading:
(#35107) AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as more particularly
described hereinafter.
The motion was seconded by Mr. Carder.
Edward A. Natt, Attorney, appeared before Council in support of the request
of his client.
The Mayor inquired if there were persons present who would like to address
Council with regard to the matter. There being none, Ordinance No. 35107 was
adopted, on its first reading, by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith ..................................................................................... 7.
NAYS: None ................
Without objection by Council, the Mayor advised that the public hearing would
be closed.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Monday, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the request of Magic City Branch #524 National Association of Letter
Carriers that a portion of Georgia Avenue, N. E., extending in an easterly direction
from 10th Street for a distance of 285 feet to a point approximately 100 feet from the
intersection of 11th Street, be permanently vacated, discontinued and closed, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 29, and Friday, October 6, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
251
A report of the City Planning Commission advising that the applicant is
requesting that this small paved section of Georgia Avenue be closed, discontinued
and permanently vacated to allow the owner to control access to the property that
surrounds both sides of the subject street section and to prevent the use of this
street right-of-way for other purposes.
The City Planning Commission recommended that Council approve the
request, subject to certain conditions as more fully set forth in the report.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris moved that the following ordinance be placed upon its first reading:
(#35108) AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as more particularly
described hereinafter.
The motion was seconded by Mr. Carder.
Edward A. Natt, Attorney, appeared before Council in support of the request
of his client.
The Mayor inquired if there were persons present who would like to address
Council with regard to the matter. There being none, Ordinance No. 35108 was
adopted, on its first reading, by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith ............................................................................................... -7.
NAYS: None ....................................................................................... -0.
Without objection by Council, the Mayor advised that the public hearing would
be closed.
BONDS/BOND ISSUES-SCHOOLS: Pursuant to instructions by Council, the City
Clerk having advertised a public hearing for Monday, October 16, 2000, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, to consider adoption of a
resolution, or resolutions, approving issuance by the City of its general obligation
bonds, in an amount estimated not to exceed $1,291,618.00, for the purpose of
financing certain rehabilitations, repairs and equipment for the Roanoke Academy
for Mathematics and Science, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 29, 200, and Friday, October 6, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
252
The Mayor inquired in there were persons present who would like to address
Council in connection with the matter.
There being none, the Mayor declared the public hearing closed.
CITY CODE-ZONING: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on the request of the City of Roanoke, to consider an amendment to Section
36.1-693, Notice of hearing, Chapter 36.1, Zoninq, Code of the City of Roanoke (1979),
as amended, to provide for certain forms of notification to owners of property which
is subject to a rezoning, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 29, 2000, and Friday, October 6, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that a massive rezoning of
over 1,100 properties in Greater Raleigh Court was undertaken by the City Planning
Commission in December, 1999, which required the individual posting of each
property that was proposed for rezoning; the posting, or notice of hearing by the City
Planning Commission, was required by the City's Zoning Ordinance, but such
posting is not required by State law, and is in addition to the individual mailing notice
to property owners and legal advertising requirements (two ads) that are required by
State law; the posting activity in Greater Raleigh Court required several days work
for approximately 15 City staff in preparing and placing notices on the subject
properties; future rezonings of similar size may occur in the future to correct zoning
and land use patterns in accordance with prepared neighborhood plans; and in an
effort to modify this labor intensive effort to one that is easier to implement, the City
Planning Commission considered a request to amend the City's Zoning Ordinance,
was before Council.
The City Planning Commission recommended that Council approve a proposed
Zoning Ordinance amendment, which revised provision will continue to provide for
posting of properties for public hearings before the Planning Commission; and if
there are 25 or fewer properties involved, each property would be posted, however,
if more than 25 properties are involved, signs would be posted at street intersections,
at least one per the affected block(s), notifying the public of the hearing, which
notices are in addition to written notification to all affected property owners and two
legal advertisements as required by State law.
(For full text, see report on file in the City Clerk's Office.)
253
Mr. Harris moved that the following ordinance be placed upon its first reading:
(#35109) AN ORDINANCE amending §36.1-693, Notice of hearing, of Chapter
36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to clarify notice
requirements.
The motion was seconded by Mr. Hudson.
The Mayor inquired if there were persons present who would like to address
Council with regard to the matter; whereupon, Mr. Martin Jeffrey, 517 Rutherford
Avenue, N. W., advised that the Zoning Ordinance should remain in its present form
and Council should take more time to study the proposed amendment. He
encouraged that citizens obtain more information regarding the purpose of the
proposed amendment because it could have a serious impact on City neighborhoods
in the future.
Ordinance No. 35109, on its first reading, was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith ................................................................................................ 7.
NAYS: None ............
Without objection by Council, the Mayor advised that the public hearing would
be closed.
CITY CODE-ZONING-SIGNS/BILLBOARDS/AWNINGS: Pursuant to Resolution
No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Monday, October 16, 2000, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of the City of Roanoke, to
consider amendment to Section 36.1-25, Definitions, of Article II, Construction of
Language and definitions, and Section 36.1-445, Additional Sign Regulations, of
Article IV, Supplementary Regulations, Chapter 36.1, Zoninq, Code of the City of
Roanoke (1979), as amended, to clarify and provide appropriate spatial requirements
for outdoor advertising signs, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 29, 2000, and Friday, October 6, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
254
A report of the City Planning Commission advising that the City receives
numerous complaints from neighborhood leaders and citizens in general concerning
outdoor advertising signs (billboards) along, and adjacent to, major streets and
gateway entrances into the City; Section 36.1-445 of the Code of the City of Roanoke
(1979), as amended, currently provides that outdoor advertising cannot be located
within 250 feet of a residential district or within 250 feet from another such sign on
the same side of the street; and Section 36.1-414 further provides for determining
how distances between uses are to be calculated, was before Council.
It was further advised that on April 13, 2000, the Circuit Court for the City of
Roanoke reversed a May 4, 1999, ruling of the Roanoke City Board of Zoning Appeals,
in which the Board upheld the Zoning Administrator's decision that the spatial
requirements for outdoor advertising signs shall be measured from the property lines
of the lots on which the billboards are to be erected; the Circuit Court, basing its
opinion on the language of Section 36.1-445 (a) (3) of the City Code, held that the
distance between billboards must be measured between the billboards themselves
and not the property lines of the lots on which they are erected; and consequently,
amendments to Section 36.1-25, Definitions, of Article II, Construction of language
and definitions, and Section 36.1-445, Additional Sign Regulations are needed.
It was explained that amendments are proposed for the purpose of providing
additional clarification on the method and manner in which the spatial requirements
for outdoor advertising signs will be measured and regulated by the City in the
future; amendments will provide for a reasonable increase in the distances required
between outdoor advertising signs and zoning boundaries of the City's residential
districts from 250 feet to 500 feet, however, existing billboards are grandfathered and
may continue to be 250 feet from a residential district; and as a means of protecting
and maintaining the existing aesthetic and scenic values along major streets,
thoroughfares and gateways into the City, the proposed amendments will prohibit the
installation of any outdoor advertising sign, within a distance of 500 feet of any
location where a municipal corporation boundary is intersected by an arterial or
collector street.
The City Planning Commission recommended that Council approve the
proposed amendments to Section 36.1-25, Definitions, of Article II, Construction of
language and definitions, and subsections (a) (1) and (a) (3), of Section 36.1-445,
Additional Sign Regulations, Article IV, Supplemental Regulations, of the Code of the
City of Roanoke (1979), as amended.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris moved that the following ordinance be placed upon its first reading:
255
AN ORDINANCE amending and reordaining §36.1-25, Definitions, of Article II,
Construction of Langua~le and definitions; and subsection (a) of§36.1-445, additional
si_qn requlations, of Article IV, Supplementary Regulations, of Chapter 36.1, Zoning,
of the Code of the City of Roanoke (1979), as amended, to clarify and provide
appropriate spatial requirements for outdoor advertising signs.
The motion was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to address
Council.
Brian Mullins, Operations Manager, Lamar Advertising, advised that it is his
responsibility to insure that billboards are kept safe and pleasing in appearance and
Lamar Advertising has invested a considerable sum of money for that purpose,
having expended over $3 million in capital funds during the past three years. He
asked that Council refer the proposed amendments back to the City Planning
Commission for further review.
Roger EIImore, Executive Director, Virginia's Explore Park, advised that
Explore Park has outdoor advertising in Roanoke and in other parts of the state;
outdoor advertising is a useful tool in providing needed information to the traveling
public, as well as to local residents, and Explore Park has benefitted from the use of
outdoor advertising and the generosity of the advertising industry. He stated that
regulations are needed and he supports reasonable and fair restrictions; however,
the advertising industry should not be regulated out of business because it serves
a valuable function in the community.
Keith Austin, General Manager, LamarAdvertising of Roanoke, advised that the
proposed amendments are considered by the sign industry to be major, not minor in
nature, as previously stated by the Director of Community Planning. He stated that
it is difficult to equate the word minor with the doubling of required distance--a
change of 250 feet between signs to an arbitrary spacing requiring an entire lot or
more between lots containing billboards, and the establishment of a no billboard
zone at commercial entrances where there was no previous requirement. He further
stated that billboard structures are declining and not proliferating, the City and Lamar
Advertising alone has lost 18 structures in nine years versus building six, for a net
loss of 12. He added that the proposed amendments equate to a faster return or
decline in numbers due to creation of more non conforming expectations of
billboards and eventual attrition. He advised that City Code and State Code statutes
have resulted in fewer billboards today and no new billboards have been constructed
outside of the commercial environment in Roanoke City. He stated that he was
unable to find an ordinance adopted by any other municipality in Virginia containing
lot line spacing language, as is proposed by the City of Roanoke.
256
Mr. Garland Kitts, 1545 Patrick Road, S. W., advised that the proposed
amendments require that signs be measured using difficult to understand formula
which causes inequities concerning land use and property rights, etc. He stated that
he has contacted all of the Lamar Advertising locations in North Carolina, West
Virginia, Kentucky and Tennessee and none are required to use a spacing
requirement that has any similarity to the one proposed by Roanoke City. He
advised that in regard to spacing in residential districts, he researched 28 cities
across the United States and the average is 139 feet; and while City staff has
indicated that they are not trying to get rid of billboards, a requirement of 500 feet
from residential zoning will eventually severely impact the ability to offer billboard
advertising to the business community. He noted that outdoor advertising has
existed for over 100 years and it is not in the best interest of the community to
regulate the industry out of business.
Ms. Terri Beck, 1114 Howbert Avenue, S. W., representing the Wasena
Neighborhood Forum, advised that new billboards should not be placed within
residential areas of the City; however, the proposed amendments appear to be
unrealistic because the billboard industry will be eliminated through attrition. She
further advised that the Wasena Neighborhood Forum has worked with Lamar
Advertising for the past six years in advertising its annual 5K race which is the fund
raiser for the neighborhood organization and because the race has become the
largest 5K race in Roanoke, its success is, in large measure, due to billboard
advertising. She requested that Council give further consideration to the proposed
amendments because neighborhood groups and local businesses need the type of
advertising provided by billboards.
Mr. Cliff Shepherd, 3820 Bosworth Drive, S. W., advised that these businesses
using billboards believe that billboards are an integral part of their advertising
budget. He stated that Roanoke is turning more toward pro-business, advertising is
good for business, and those persons locating their business in the bio-med center
will want to use billboard advertising. He encouraged more concentration by the City
on productive efforts in lieu of wasting time on mundane issues.
Randy Hodges, representing Hodges Sign Company, 1601 Seibel Drive, N. E.,
advised that he manufactures electrical on premise signs and outdoor advertising
signs and he has three signs currently located in the City of Roanoke. He inquired
as to why there is an immediate problem with billboards - is it because of complaints
by citizens or because of a staff induced situation as a result of a court case that was
over turned due to interpretation by City staff. He stated that he has been in the
billboard business since 1979 and approximately 12 - 15 new sign structures have
been installed since that time, which is an average of one half sign structure per year.
He requested that Council deny approval of the proposed amendments which will
adversely effect the billboard industry.
257
Steven Davis, Vice-President of Advertising, Grand Home Interiors, advised
that Roanoke's economy has changed from industrial based to service based, with
retail businesses being the primary employer; retail businesses rely on all forms of
advertising to sustain themselves and thus provide employment; and for larger
retailers, outdoor advertising is essential to marketing efforts. He stated that there
is no question that billboards, like any structure, need restrictions, and there are
areas of the City where billboards are inappropriate. He added that current
regulations governing outdoor advertising appear to be sufficient in that billboards
remain primarily in commercial areas and there has been no expansion of billboards
in recent years. He advised that Grand Home Interiors would encourage that any
new restrictions be objective and take into consideration the needs of the Roanoke
Valley's principal employers, the retail community.
Mr. Harris withdrew the motion and Mr. Carder withdrew the second.
Mr. Harris advised that the recommendation of the City Planning Commission
was submitted to Council on a divided vote; therefore, it would be appropriate to refer.
the matter back to the City Planning Commission and to City Planning staff with the
request that they meet with representatives of the sign/billboard industry to reach a
consensus that would be satisfactory to the City Planning Commission and to
representatives of the sign/billboard industry.
Mr. Harris moved that the matter be referred back to the City Planning
Commission for further study, report and recommendation to Council. The motion
was seconded by Mr. Hudson and adopted.
Without objection by Council, the Mayor advised that the public hearing would
be closed.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Monday, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the request of the City of Roanoke that a certain portion of First Street,
N. W., between Shenandoah Avenue and Centre Avenue, be permanently vacated,
discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 29, 2000, and Friday, October 6, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that during the past 12
months, the City of Roanoke and the Roanoke Redevelopment and Housing Authority
(RRHA) have filed several applications to close and vacate certain sections of public
street and alley rights-of-way in the Greater Gainsboro community, which were part
of a long range planning process of the City to effect certain specific improvements
258
in the Greater Gainsboro area; on July 20, 2000, the Planning Commission reviewed
and concurred in a staff report recommending that the City's request to alter, by
barricade, First Street between Shenandoah Avenue and Centre Avenue, N. W., be
approved; and Council subsequently adopted an ordinance on August 21, 2000,
officially altering by barricade, the described section of First Street, N. W.; to
vehicular traffic which was a necessary and essential step in providing for the
redesign and conversion of the street right-of-way for future use as a pedestrian
plaza, was before Council.
It was further advised that the application is a request to permanently vacate
a smaller area of the public right-of-way that lies within the described section of First
Street, N. W., that was previously altered by barricade and closed to vehicular traffic;
the purpose of the street vacation is to provide a small, but necessary area of
additional land for the future construction of a projecting or overlapping part of a
proposed parking garage that will be located on the easterly side of the proposed
pedestrian plaza; and the street vacation, will facilitate the needs of certain phased
development activities within the Greater Gainsboro Redevelopment area, and is
consistent with the intent of the City's Comprehensive Plan which encourages
economic development opportunities in the downtown and its environs.
The City Planning Commission recommended that Council approve the
request, subject to certain conditions as more fully set forth in the report.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris moved that the following ordinance be placed upon its first reading:
(#35110) AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as more particularly
described hereinafter.
The motion was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to address
Council with regard to the matter. There being none, Ordinance No. 35110 was
adopted, on its first reading, by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith ................................................................................................ 7.
NAYS: None ................................................................................. 0.
Without objection by Council, the Mayor advised that the public hearing would
be closed.
259
CITY NURSING HOME-CITY PROPERTY-LEASES-WATER RESOURCES:
Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981,
the City Clerk having advertised a public hearing for Monday, October 16, 2000, at
7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City
of Roanoke to renew an existing lease of City property located northwest of the
former City Nursing Home at Coyner Springs, with the existing tenants, Ned B. and
Richard B. Jeter, for farming of the land, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, October 8, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the Water Resources Committee advising that the current lease with
Richard B. and Ned B. Jeter has expired; and the Jeters, who have leased the tract
of land since April 20, 1982, have requested that they be granted a five-year lease
under essentially the same terms as their previous lease, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris moved that the following ordinance be placed upon its first reading:
(#35111) AN ORDINANCE authorizing the proper City officials to enter into a
lease agreement between the City and Richard B. and Ned B. Jeter, for use of a 7.41-
acre tract of land for agricultural purposes, upon certain terms and conditions.
The motion was seconded by Ms. Wyatt.
The Mayor inquired if there were persons present who would like to address
Council with regard to the matter. There being none, Ordinance No. 35111 was
adopted, on its first reading, by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith ............................................................................................... 7.
NAYS: None .................................................................................. -0.
Without objection by Council, the Mayor advised that the public hearing would
be closed.
CITY PROPERTY-LEASES-WATER RESOURCES: Pursuant to Resolution No.
25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Monday, October 16, 2000, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of the City of Roanoke to lease
26O
City property located at 1015 Jamison Avenue, S. E., to the Southeast Action Forum,
pursuant to the same terms and conditions as the previous lease at said location, the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, October 8, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the Water Resources Committee advising that property located at
1015 Jamison Avenue, S. E., has been leased to the Southeast Action Forum, or its
predecessor since 1980; the current lease has expired and the Southeast Action
Forum has requested that it be granted a new five-year lease under the same terms
as the previous lease, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris moved that the following ordinance be placed upon its first reading:
(#35112) AN ORDINANCE authorizing the proper City officials to enter into a
lease agreement between the City and Southeast Action Forum for the lease of City-
owned property located at 1015 Jamison Avenue, S. E. (known as Old Fire Station #6),
upon certain terms and conditions.
The motion was seconded by Mr. Bestpitch.
The Mayor inquired if there were persons present who would like to address
Council with regard to the matter. Thers being none, Ordinance No. 35112 was
adopted, on its first reading, by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith .................................................................................... -7.
NAYS: None .......
Without objection by Council, the Mayor advised that the public hearing would
be closed.
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-WATER RESOURCES:
Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981,
the City Clerk having advertised a public hearing for Monday, October 16, 2000, at
7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City
of Roanoke, to sell surplus City-owned property located at the corner of Bullitt
Avenue and Sixth Street, S. E., Official Tax No. 4013701, to the highest bidder, the
matter was before the body.
261
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, October 8, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the Water Resources Committee advising that the subject property
is located at the corner of Bullitt Avenue and Sixth Street, S. E., and was acquired by
the City in 1965; the property is located in a residential area (RM-2) and contains
approximately 11,000 square feet; the lot has been assessed by the Office of Real
Estate Valuation for $10,000.00; and City policy requires surplus property to be
advertised and sold to the highest bidder if the property can be used to construct a
separate structure, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#35113-101600) A RESOLUTION declaring certain City-owned real estate,
identified by Official Tax No. 4013701, to be surplus property and authorizing its
advertisement for sale to the general public.
(For full text of Resolution, see Resolution Book No. 63, page .)
Mr. Harris moved the adoption of Resolution No. 35113-101600. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt,
and Mayor Smith ............................................................................................. -7.
NAYS: None ...... -- ................................................................................... -0.
Without objection by Council, the Mayor advised that the public hearing would
be closed.
OTHER HEARINGS OF CITIZENS:
The Mayor advised that Council sets this time as a priority for citizens to speak
and a time for Council to listen; and matters requiring referral to the City Manager
will be referred, without objection, immediately, for any necessary and appropriate
response, recommendation or report to Council.
ZONING-COMPLAINTS-NEIGHBORHOOD ORGANIZATIONS: The following
persons addressed Council in connection with proposed expansion efforts by the
Rescue Mission, 402 4th Street, S. E.:
262
Cassandra Camillieri, 424 Bullitt Avenue, S. E.
Corrine Camillieri, 424 Bullitt Avenue, S. E.
John McGonigal, 706Mintrose Avenue, S. E.
Debra Jewel, 502 5th Street, S. E.
Bobby Meadows, 416 Bullitt Avenue, S. E.
Christene Proffitt, 424 Bullitt Avenue, S. E.
Frank Spencer, 503 Bullitt Avenue, S. E.
Michael Scott, 502 5th Street, S. E.
Scoff Blankenship, Fourth Street, S. E.
William Hartman, 617 Stewart Avenue, S. E.
Teresa Kidd, 314 8t~ Street, S. E.
Alexis Mandakis, 124 Riverdale Road, S. E..
Kathy Hill, 509 Arbor Avenue, S. E.
Dr. Tony Stavola, 1836 Greenwood Road, S. W.
Concerns were expressed with regard to the following alleged conditions as
a result of the operation of the Rescue Mission:
Littering,
Personal safety of persons living in the area,
Drinking in public,
Defecating in public,
Disrespect for the neighborhood,
Southeast Roanoke is a forgotten part of the City,
Razing houses that are still viable and rezoning Southeast residential neighborhoods
to construct an institutional facility that will have a detrimental and negative impact
on the Belmont area and downtown
Roanoke in general,
Increased crime,
The Rescue Mission is more of a liability to the neighborhood than an asset,
Southeast residents are concerned with regard to the declining state of the historic
Belmont neighborhood,
The combined value of the dwellings that have been demolished in the Belmont
neighborhood is approximately $192,000.00,
Southeast residents believe that the expansion of the Rescue Mission is a "done
deal" even if the neighborhood is in opposition,
Intoxicated persons walking throughout the neighborhood,
Drugs and prostitution; and
Harassment of area residents by vagrants for money and sex.
Scott Blankenship, President, Rescue Mission Board of Directors, advised that
the Rescue Mission has responded to the needs of the entire Roanoke Valley
community since 1948 and the Mission has operated in its present location since
1973. He stated that the goal of the Rescue Mission is to address long term existing
societal problems that are a part of any city or a neighborhood; expansion plans
263
have been pending since 1989 and the Rescue Mission has not submitted a final plan
to the City or to the City Planning Commission because it is striving to address the
concerns of Southeast residents. He further stated that those concerns expressed
by the above listed speakers have been addressed at three neighborhood walks and
five neighborhood meetings and, with its consultant, the Rescue Mission is
addressing those areas of concern that can be incorporated into the overall plan. He
advised that the Rescue Mission employs 50 persons and 900 volunteers, and over
18,000 households in the Roanoke community support the goals and objectives of
the Rescue Mission, and believe that those citizens served by the Rescue Mission
are entitled to the same rights as every other citizen of the Roanoke area.
POLICE DEPARTMENT-COMPLAINTS: Ms. Margaret Patterson, 414 4th Street,
S. W., addressed Council with regard to the City's investigation into the death of her
nephew, James Minor, and advised that in light of certain alleged discrepancies in
the police investigation, it is requested that the matter be referred to a Citizen's
Review Panel for investigation, and that the following information be provided by the
City of Roanoke to the Minor family:
Copy of the investigative reports prepared by police officers;
An account of the accident and the police pursuit;
The emergency call and autopsy reports;
All photographs of the scene of the accident and all other
photographs;
A report on the motorcycle which was involved in the accident;
Names of all police officers involved in the case; and
Copy of the report by Donald L. Stokes, witness to the accident.
pertinent
POLICE DEPARTMENT-CMERP-EQUIPMENT: Mr. Carl Cooper, 2120 Carroll
Avenue, N. W., commended the City of Roanoke on approving the Capital
Maintenance and Equipment Replacement Program budget which included 24 video
cameras to be installed in police vehicles. He suggested that once the video cameras
are turned on by police officers, they should be activated throughout the entire police
encounter.
POLICE DEPARTMENT-COMPLAINTS: Ms. Wanda Butler, 613 Milton Street,
N. W., referred to alleged police misconduct when officers were called to her
residence to investigate a domestic dispute.
POLICE DEPARTMENT-COMPLAINTS: Mr. Bryon Casey, 3741 Signal Hill
Avenue, N. W., requested a copy of the video tape of the James Minor motorcycle
accident. He questioned statements that a full investigation was conducted by the
City's Police Department when the vehicle that was involved in the accident is
presently located in the City of Salem and the motorcycle is located in the City of
Roanoke.
264
He alleged that the Police Department's witness did not have a valid driver's license
or appropriate automobile insurance coverage on his vehicle, however, the individual
was not charged by police officers for these violations.
At 8:50 p.m., the Mayor declared the meeting in recess until Monday,
October 30, 2000, at 4:00 p.m., at which time the Members of Council and City staff
will tour the Melrose/Rugby neighborhood.
The regular meeting of Roanoke City Council for Monday, October 16, 2000,
which was declared in recess until October 30, 2000, reconvened on Monday,
October 30, 2000, in the City Council's parking lot, located adjacent to the Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., for a tour of the Melrose/Rugby
neighborhood, with Mayor Ralph K. Smith presiding.
PRESENT: Council Members William D. Bestpitch, William H. Carder, C. Nelson
Harris, William White, Sr., and Mayor Ralph K. Smith .5.
ABSENT: Council Members W. Alvin Hudson, Jr. and Linda F. Wyatt ............ -2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Deputy City Manager; and Mary F. Parker, City Clerk.
NEIGHBORHOOD ORGANIZATIONS-COUNCIL: The bus departed from the
parking lot adjacent to the Noel C. Taylor Municipal Building at 4:15 p.m., en route to
the Eureka Park Recreation Center for a tour of the facilities.
Following the tour, neighborhood leaders and City staff divided into three
groups to participate in a walking tour of the Melrose/Rugby neighborhood.
Following the neighborhood tour, delegation met at the Melrose/Rugby
Community Center, 1730 Orange Avenue, N. W., for refreshments and informal
discussion.
Issues/concerns that were identified include the following:
Examples of incompatible infill construction;
There is a development opportunity with the Heritage Acres property;
New sidewalks, curb and gutter projects are happening throughout the
neighborhood;
There is a wide side street along Andrews road that encourages speeding and
isolates neighbors from each other;
265
The area is served by three parks: Kennedy, Staunton and Eureka;
The Lick Run Greenway Corridor runs behind Heritage Acres;
Melrose Library on Salem Turnpike is difficult to reach by foot;
Certain alleys, curbs and porches are littered by bulk and brush;
There are zoning conflicts from the 2100 - 2500 blocks of Orange Avenue (C-2 -
residential area);
A new satellite police office has been located on the corner of Lafayette Boulevard
and Florida Avenue; and
Renovations are taking place at the Roanoke Academy for Mathematics and Science.
At 5:50 p.m., the bus returned to the parking lot adjacent to the Noel C. Taylor
Municipal Building, at which time the Mayor declared the meeting adjourned.
ATTEST:
APPROVED
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
266 -
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 6, 2000
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
November 6, 2000, at 12:15 p.m., the regular meeting hour, in the Emergency
Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith
presiding, pursuant to Rule 1, Regular Meetinas. of Section 2-15, Rules of Procedure,
Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No.
34905-070300 adopted by the Council on Monday, July 3, 2000.
PRESENT: Council Members William H. Carder, W. Alvin Hudson, Jr., William
White, Sr., Linda F. Wyatt, William D. Bestpitch, and Mayor Ralph K. Smith ......... 6.
ABSENT: Council Member C. Nelson Harris ............................................. 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D.
Ritchie, Sr., Deputy City Manager; William M. Hackworth, CityAttorney; Jesse A. Hall,
Deputy Director of Finance; and Mary F. Parker, City Clerk.
At 12:17 p.m., the Mayor declared the meeting in recess.
COUNCIL-SCHOOLS: At 12:45 p. m., Council Members arrived atthe Huff Lane
Micro Village, 4412 Huff Lane, N. W., where they were greeted by students.
Following lunch, students participated in a mock City Council meeting and a
video was presented explaining the concept of the Huff Lane Micro Village program.
Following the video, Council Members and Council-Appointed Officers were
divided into groups of three for tours of the school, and students called attention to
needed improvements within the building proper and on school grounds and
playground areas.
The Members of Council left the Huff Lane Micro Village at 1:50 p. m., en route
to the Roanoke Civic Center Exhibit Hall, for a work session on reorganizing the
,City's authorities, boards, commissions and committees.
267
At 2:15 p.m., on Monday, November 6, 2000, the regular meeting of City
Council reconvened in the Exhibit Hall of the Roanoke Civic Center, 710 Williamson
Road, N. E., City of Roanoke, with the following Council Members in attendance,
Mayor Smith presiding.
PRESENT: Council Members William H. Carder, C. Nelson Harris (arrived late),
W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, William D. Bestpitch, and
Mayor Ralph K. Smith ..................................................................................... 7.
ABSENT: None ..................................................................................... -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D.
Ritchie, Sr., Deputy City Manager; William M. Hackworth, City Attorney; James D.
Grisso, Director of Finance; and Mary F. Parker, City Clerk.
COUNCIL-COMMITTEES: A joint communication from the City Manager and
the City Clerk advising that Council appoints approximately 350 persons to the City's
78 authorities, boards, commissions and committees. Information was provided
setting forth the titles of the various committees; Chapter 2, Article XlV, Authorities,
Boards, Commissions and Committees, Generally, Code of the City of Roanoke
(1979), as amended; and a survey of other municipalities comparable in size to the
City of Roanoke with regard to their committee appointment structure.
At this point, Council Member Harris entered the meeting.
The following is a summary of the remarks of Council Members:
Certain committees should be consolidated and total membership
decreased where possible.
Only City residents should be eligible for appointment to City Council
Appointed Committees.
There should be a limitation on the number of committees that a person
may be appointed to.
There should be a systematic approach to evaluating the
appointment/reappointment process.
There should be a more detailed approach to appointments to certain
committees, similar to the process used for appointment of Roanoke
City School Board Trustees.
268
Members of the City Planning Commission should receive a stipend for
their service.
Council should review the policy for City Council liaison membership
on certain committees.
Newly appointed committees should have a sunset provision
incorporated into the appointment motion.
Diversity should be represented on all committees.
(No action was taken.)
At 2:50 p.m., the Mayor declared the meeting in recess to be reconvened at
3:00 p.m., in the Exhibit Hall of the Roanoke Civic Center.
~At 3:00 p.m., on Monday, November 6, 2000, the regular meeting of City
Council reconvened in the Exhibit Hall of the Roanoke Civic Center, 710 Williamson
Road, N. E., City of Roanoke, with the following Council Members in attendance,
Mayor Smith presiding.
PRESENT: Council Members William H. Carder, C. Nelson Harris, W. Alvin
Hudson, Jr., William White, Sr., Linda F. Wyatt, William D. Bestpitch, and Mayor
Ralph K. Smith .............................................................................................. 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D.
Ritchie, Sr., Deputy City Manager; William M. Hackworth, City Attorney; James D.
Grisso, Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend Jeff
Wilson, Associate Pastor, Southview United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS
PROCLAMATIONS-HIGHER EDUCATION CENTER: The Mayor presented a
proclamation declaring the week of November 12, 2000, as Roanoke Higher
Education Center Week.
269
ACTS OF ACKNOWLEDGEMENT-TOTAL ACTION AGAINST POVERTY: On
behalf of the Western Virginia Education Classic and the Total Action Ag~iinst
Poverty Board of Directors, Sherman Lea, Vice-President, expressed appreciation
to the City of Roanoke for its assistance in helping to make the football game a
success. He presented the Members of Council and the City Manager with a t-shirt
in recognition of the event.
CITY ATTORNEY-CITY EMPLOYEES: The City Attorney introduced Elizabeth
Dillon, Senior Assistant City Attorney, who assumed her official duties and
responsibilities on Wednesday, November 1, 2000.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He called specific attention to four requests for a Closed Meeting to
discuss a matter with regard to a prospective business where no previous
announcement of interest by the business in locating its facility in the City has been
made; to discuss a matter with regard to a prospective business where no previous
announcement of the interest by the business in locating its facility in the City has
been made; to discuss a matter with regard to acquisition of real property for public
purpose; and to discuss personnel matters with regard to vacancies on various
authorities, boards, commissions and committees appointed by the Council.
MINUTES: Minutes of the public interviews of School Board applicants held
on Tuesday, April 18, 2000, the regular meetings of City Council held on Monday,
May 1,2000, and Monday, May 15, 2000, the special meetings of City Council held on
Monday, May 1,2000, Saturday, May 9, 2000, and Wednesday, May 17, 2000, and the
Roanoke City Council Personnel Committee meeting held on Friday, May 5, 2000,
were before the body. "
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Harris moved that the reading of the Minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Carder and
adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith .......................................................................................... 7.
NAYS: None ........................................................................................ -0.
270 -
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and committees
appointed bythe Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950),
as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(I), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
COUNCIL-ECONOMIC DEVELOPMENT: A report of the City Manager
requesting that Council convene in a Closed Meeting to discuss a matter with regard
to a prospective business where no previous announcement of interest by the
business in locating its facility in the City has been made, pursuant to Section 2.1-
344 (A)(5), Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss a matter with regard to a prospective
business where no previous announcement of interest by the business in locating
its facility in the City has been made, pursuant to Section 2.1-3~.~. (A)(5), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Carder and adopted
by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ........................................................................................... -7.
NAYS: None ....................................................................................... -0.
COUNCIL-ECONOMIC DEVELOPMENT: A report of the City Manager
requesting that Council convene in a Closed Meeting to discuss a matter with regard
to a prospective business where no previous announcement of interest by the
business in locating its facility in the City has been made, pursuant to Section 2.1-
344 (A)(5), Code of Virginia (1950), as amended, was before the body.
271
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss a matter with regard to a prospective
business where no previous announcement of interest by the business in locating
its facility in the City has been made, pursuant to Section 2.1-344 (A)(5), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Carder and adopted
by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
COUNCIL-PURCHASE/SALE OF PROPERTY: A report of the City Manager
requesting that Council convene in a Closed Meeting to discuss a matter with regard
to acquisition of real property for public purpose, pursuant to Section 2.1-344 (A)(3),
Code of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss a matter with regard to acquisition of real
property for public purpose, pursuant to Section 2.1-344 (A)(3), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Carder and adopted by the
following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ................................................................................... -7.
NAYS: None ......................................................................................... 0.
AIRPORT-TAXES: A joint report of the City Manager and the Director of
Finance advising that the Roanoke Regional Airport Commission and administration
have expressed concern regarding the loss of potential business due to the City of
Roanoke's personal property tax rate on airplanes being higher than comparable
localities; currently the City of Roanoke taxes airplanes at $3.45 per $100.00 of
assessed value; and the tax rate is applied to 60 per cent of the assessed value the
first year, reduced by 10 per cent per year until it reaches 20 per cent, where it
remains on an annual basis, was before the body.
It was further advised that having airplanes based at the Roanoke Regional
Airport creates opportunities for income generating business such as hangar rental,
fuel sales and maintenance of airplanes; there are other positive economic impacts
to having airplanes, particularly business jets, based at Roanoke's airport; it would
272 . -
serve as an incentive for Roanoke citizens and businesses to base their airplanes
at the Roanoke Regional Airport if Roanoke's tax rate were comparable to that of
competing localities in Virginia and North Carolina; consequently, tax revenue
forgone due to a tax rate decrease would be mitigated and potentially increased over
time by the increased number of private and business owned airplanes based at the
airport; and according to the administration at the Roanoke Regional Airport,
operators of major commercial airports in Virginia believe they will be successful
with legislation to modify the State sales tax on airplanes, which is an issue they
believe has a direct correlation with economic development throughout the State.
The City Manager and the Director of Finance recommended that the City's tax
rate be reduced from the current rate of $3.45 per $100.00 of assessed value to $1.06
per $100.00 of assessed value. They advised that the total tax levy on airplanes for
fiscal year 2000 was $157,928.00, and using this revenue base as an example, the
reduced tax rate would have generated $109,405.00 less revenue; a single $10
million business jet would generate $63,600.00 in additional revenue during the first
year of taxation if based at the airport; and it is believed that a reduction in the tax
rate will demonstrate the City's willingness to take measures to help assure that its
airport is competitive with other airports throughout the Commonwealth of Virginia
and neighboring airports in the State of North Carolina.
It was further recommended that Council schedule a public hearing to
consider reducing the personal property tax rate on aircraft from $3.45 to $1.06 per
$100.00 of assessed value.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the recommendation to hold a public
hearing. The motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
COMMITTEES-TOWING ADVISORY BOARD: A communication from the City
Clerk advising that at the Council meeting on Monday, October 16, 2000, Council
appointed members of the Towing Advisory Board; Ordinance No. 34843-060500
adopted on June 5, 2000, provides that the terms of office shall be established by the
Members of Council; therefore, the City Clerk proposed the following staggered
terms of office for consideration by Council, was before the body.
Charles R. Brown
William F. Clark
Robert R. Young
Christine Proffitt
one year
one year
two years
two years
273
Sgt. Charles A. Karr -
Sgt. Patrick A. Shumate -
Ronald L. Wade -
Thomas Wood -
Mrs. Clovis Rogers -
three years
three years
three years
three years
three years
It was advised that following completion of the initial terms of office, all
reappointments will be for three year terms of office.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that Council concur in the communication. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith .................................................................................. -7.
NAYS: None ........................................................................................ -0.
COMMITTEES-PARKS AND RECREATION:: A communication from Barry L.
Thomas tendering his resignation as a member of the Mill Mountain Advisory
Committee, effective immediately, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Harris moved that the communication be received and filed, and that the
resignation be accepted. The motion was seconded by Mr. Carder and adopted by
the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ........................................................................................... 7.
NAYS: None ........................................................................................ -0.
FIRE DEPARTMENT-ROANOKE CIVIC CENTER-OATHS OF OFFICE-
COMMITTEES: The following reports of qualification were before Council:
Mark K. Cathey and E. L. Noell as members of the Board of Fire Appeals
for terms ending June 30, 2004; and
274
Thomas G. Powers, Jr., Edward L. Lambert and Calvin H. Johnson as
members of the Roanoke Civic Center Commission for terms ending
September 30, 2003.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. Harris moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................ 7.
NAYS: None 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ENVIRONMENTAL POLICY-ECONOMIC DEVELOPMENT: Collins Sherertz,
Spokesperson, Antifreeze Recyclers, Inc., advised that his company offers a
complete antifreeze service which is a good investment that saves taxpayer money
and benefits the environment by providing free waste removal, regardless of whether
the antifreeze was purchased from Antifreeze Recyclers, Inc., and the onsite
recycling process eliminates hazardous waste and relieves liability of customers.
He explained that Antifreeze Recyclers was established in 1992, pursuant to the
Recycling Conservation and Recovery Act, it is the only on site antifreeze recycler
licenced, regulated and recommended by the RCRA and the Environmental
Protection Agency on the East Coast. He stated that General Motors and Ford
Motors endorse and expressly authorize use of their production method of onsite
recycling which is chemical filtration, meeting specifications of the American Society
for Testing Materials. He advised that the coolent product is guaranteed to provide
superior protection against freezing, over heating, rust and component failure and
is completely free of common mineral deposits found in hard water. He called
attention to current contracts with United Parcel Service, Piedmont Aviation, Langley
Air Force Base, PYA Monarch, Cox Cable Communications and school bus garages
in Virginia Beach, Norfolk, Portsmouth, Newport News, Hampton and Richmond. He
advised that there are numerous government garages and local contractors
operating in the City of Roanoke and services offered by Antifreeze Recyclers Inc.,
can effectively reduce the amount of funds spent on new antifreeze and waste
removal, saving hundreds of tax dollars monthly in the Roanoke Valley.
Without objection by Council, the Mayor advised that the remarks of
Mr. Sherertz would be received and filed.
275
VIRGINIA GAS PIPELINE: Brent Riley, Spokesperson, The Sensible Mountain
Action Policy Coalition, requested that Council consider adopting a measure
requesting an analysis of route options for the Virginia Gas pipeline, and that a letter
of support be forwarded to the State Corporation Commission requesting that a
public hearing be held in the Roanoke area. He advised that the issue of cost as
related to how the pipeline is installed can have great significance on rates paid by
citizens for natural gas. He explained that the project has been underway for quite
some time, but the first knowledge by property owners was when they received a
letter requesting the right to survey their property, and unbeknown to citizens, a
process was already underway to acquire property by imminent domain. He stated
that the routing of the pipeline is important to the citizens of Roanoke because it
could pose a major environmental degradation to one of the Blue Ridge Mountain
lines just outside of the City of Roanoke, and there is major harm to property owners
whose property is being compromised. He stated that all citizens should be
stewards of the environment; and the project should be addressed in such a manner
so as to be sensitive to the needs of property owners, to address energy needs and
to eliminate problems with the environment and private property. He advised that
when the taking of public property occurs for a profit endeavor, there should be an
assurance that the need exists before proceeding.
Mr. Victor Layman, 5800 Enchanted Lane, S. W., Roanoke County, advised that
the pipeline issue effects his family and many citizens in Roanoke City and
surrounding Roanoke County. He stated that citizens did not know until
approximately two months ago that a pipeline was coming through, which was many
months after approval by the State Corporation Commission; therefore, there is
major concern that many property owners were not aware of the pipeline, but they
will be impacted in a significant way. He advised that the State Corporation
Commission is in the process of deciding whether or not to approve the merger
between Virginia Gas Pipeline and NUI Corporation and the merger is a large piece
of the puzzle in putting the economies together. He explained that the State
COrporation Commission has offered a window of opportunity until November 8,
2000, for citizens or governmental entities to request, in writing, that public hearings
be held in the various localities; whereupon, he asked that Council request the State
Corporation Commission to hold a public hearing in the Roanoke area to enable
citizens to provide input and to be educated about the process.
Mr. William Modica, 2525 Brandon Avenue, S. W., called attention to two
specific items involving the gas pipeline; viz: the concept of need and whether a gas
pipeline is needed in the Roanoke area. He explained that a project assessment for
Roanoke Gas Company allowed construction of two gas pipelines, however, to date
only one pipeline has been constructed; therefore, there is still the option for an
276 -
additional pipeline in the existing easement. Rather than utilize that opportunity, he
explained that Virginia Gas Pipeline has requested a new easement of an additional
50 - 75 feet by cutting through the Roanoke Valley and Montgomery County to
construct a completely separate pipeline. He stressed the fact that there is no need
for a new easement because it is obvious that the existing easement could
accommodate the pipeline requirement and more than adequately satisfy the need
for additional gas in the Roanoke Valley. Secondly, he requested that Council
consider the effect that a new easement cutting through the Roanoke Valley will
have on property values, and advised that he has evaluated a number of real estate
parcels that will be directly effected by the pipeline route, an additional easement
would devalue the properties that are directly affected, and devaluation of the
property would hurt property owners and the City's tax base. Therefore, he urged
that Council consider that devaluation of the properties would mean loss of revenue
for the City of Roanoke, hamper the resale of properties and decease tax revenue.
He urged that Council go on record to the State Corporation Commission endorsing
the placement of the new gas pipeline within the existing easement.
Mr. Albert Martin, 5985 Coleman Road, S. W., Roanoke County, advised that
if the gas pipeline is constructed, over 100 trees on his property will be destroyed,
52 feet of a cement apron at the front of his property will be destroyed, ann the
easement will be within 35 - 40 feet of his house. He stated that if the pipeline is
allowed to be constructed, big business will be walking over the average citizen.
Mr. Thomas Gustafson, 4269 Harborwood Road, Roanoke County, suggested
that Council give consideration to the effect of the pipeline on gas rates which could
conceivably increase. He explained that no cost analysis has been made to date and
suggested that the City of Roanoke request Roanoke Gas Company, the NUI
Corporation and Virginia Gas Pipeline to prepare a gas rates analysis.
Following discussion of the matter, Mr. Bestpitch moved that the City Manager
be instructed to forward a letter to the State Corporation Commission requesting
that a public hearing be held in the Roanoke area, and that the City Manager provide
background information to ensure that all sides of the issue are addressed. The
motion was seconded by Ms. Wyatt and adopted.
FIRE DEPARTMENT: Ms. Bernice Meador, 370 Koogler Drive, S. W., presented
a petition signed by over 200 persons in support of keeping Fire Station No. 12 open,
and inquired as to the status of fire station renovations.
Following discussion, it was the consensus of Council that the matter would
be referred to the City Manager to respond to the inquiries of Ms. Meadow.
PETITIONS AND COMMUNICATIONS: None.
277
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
CITY CODE-GENERAL SERVICES-BUDGET-CITY MANAGER-PROCUREMENT
CODE: The City Manager submitted a written report advising that Section 2-121 of
the City Code authorizes the City Manager to transfer funds, not exceeding
$25,000.00, within or between departments as specified in the annual appropriation
ordinance and transfers in excess of $25,000.00 must be approved by Council; the
budget, which was adopted by Council as a part of the annual appropriation
ordinance for each fund provides funding at the departmental or division level; fund
transfers are used to reallocate budgeted funding between departments and
divisions to address unanticipated needs and do not impact the aggregate amount
budgeted for each fund; in order to improve administrative efficiency, with respect
to the reallocation of budgeted funds between departments, an amendment to
Section 2-121 of the Code of the City of Roanoke (1979), as amended, is requested,
to remove the $25,000.00 limit for the transfer of funds and to allow fund transfers
within each fund to be made without a financial limitation.
The City Manager recommended that Council amend Section 2-121 of the
Code of the City of Roanoke (1979), as amended, to remove the $25,000.00 limit on
the transfer of funds and to allow fund transfers to be made within each fund without
a financial limitation, and that Council be provided with a quarterly report of all
transfers in excess of $75,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#35114-110600) AN ORDINANCE amending and reordaining §2-121, Authority
to transfer funds, of Article V, City Manager, of Chapter 2, Administration, of the
Code of the City of Roanoke (1979), as amended, to provide for the authorization of
the City Manager to transfer funds; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 578.)
Mr. Harris moved the adoption of Ordinance No. 35114-110600. The motion
was seconded by Mr. Bestpitch.
278 -
Mr. Hudson moved that Ordinance No. 35114-110600 be amended to provide
for transfer of funds within each fund, up to a limit of $75,000.00, with a quarterly
report to Council. The motion was seconded by Mr. White.
Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W., concurred in the amendment
to the ordinance as offered by Mr. Hudson. He stated that under no circumstances
should there be no cap on the City Manager's authority to transfer funds, and reports
should be provided to Council with more frequency than on a quarterly basis.
~ Upon question, the Director of Finance advised that in his position, it is
imperative to maintain a good working relationship with both City Council and the
City Manager; therefore, with the provision that monies will be transferred within
funds and with a quarterly report to Council, he could concur in the City Manager's
recommendation. However, he stated that the matter is a policy decision that only
Council can make.
The Municipal Auditor advised that the City's external auditor reviews every
budget ordinance and every budget transfer annually. He stated that he could
support the City Manager's recommendation given the review by the extemal auditor
and the fact that extraordinary transfers would be provided to Council, in order to
satisfy necessary public disclosure and to eliminate the paper work associated with
small budget transfers by Council.
Vice-Mayor Carder advised that the City of Roanoke has a City Manager who
is empowered to do a job, Council sets goals for the City of Roanoke and should
continue to give the City Manager the tools to be effective in her job. He stated that
Council should trust the City Manager to take the initiative to make things happen,
but she should not be limited in her authority to manage the City, and there are
sufficient checks and balances within the system.
Mr. White advised that improvements to administrative efficiencies-are
desirable. He stated that the previous threshold limit was $25,000.00, numerous
transfers have come before the Council in the last two to three years, and inquired
as to the number of transfers in excess of $75,000.00, the amount of administrative
time involved, amount of Council time that could have been saved, and
administrative efficiencies as a result of the proposed increase in threshold.
The amendment to Ordinance No. 35114-110600 was adopted.
Ordinance No. 35114-110600, as amended, was adopted by the following vote:
279
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith 7.
NAYS: None ................................................................................... -0.
CITY EMPLOYEES-POLICE DEPARTMENT-CITY CODE-CITY SHERIFF: The City
Manager submitted a written report advising that the Virginia Department of Criminal
Justice Services has recommended that the City enact an ordinance authorizing law
enforcement officers to engage in off-duty employment which may occasionally
require the use of their police powers in the performance of such employment; this
requirement is based on Section 15.2-1712, Code of Virginia (1950), as amended;
adoption of the ordinance will empower the Chief of Police and the Sheriff to
promulgate administrative rules which apply to private duty police work within the
City of Roanoke; an established hourly rate for off-duty work will be set by the Chief
of Police and the Sheriff, with the private employer being billed for the hours and for
FICA; and with adoption of the proposed ordinance, the City will utilize its existing
payroll system and a separate earnings code to process the monies paid to the City
for off duty police work which is not on the private employer's payroll.
It was further advised that currently, some police officers and Sheriff's
deputies perform off-duty law enforcement work for private businesses on a cash
payment basis for sporadic work with approval by their respective department; with
introduction of the system, all personnel involved in police work off duty will be paid
either through the private business' payroll or the City's payroll; for other than
sporadic work, officers will be encouraged to utilize the outside employer's payroll;
as in the current system, worker's compensation and liability issues will be
addressed on a case-by-case basis; and when all salaries paid to police officers for
off duty work are processed through a payroll system, requirements of the
Department of Criminal Justice Services will be satisfied.
The City Manager recommended that Council add a new Section 23-7 to the
Code of the City of Roanoke (1979), as amended, effective January 1, 2001, which
will authorize the Chief of Police and the Sheriff to promulgate administrative rules
that apply to off-duty work which may require the occasional use of police powers;
and with adoption of the ordinance and dissemination of the appropriate written
regulations, an improved system of internal control will be placed into operation.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson moved that the following ordinance be placed upon its first
reading:
280 -
(#35115) AN ORDINANCE amending the Code of the City of Roanoke (1979),
as amended, by adding a new §23-7, Employment of Off-Duty Police Officers and
Sheriff's Deputies, Article I, In General, of Chapter 23, Police, to confirm the
existence of the law enforcement powers and authorities of police officers and
deputy sheriffs during periods of off-duty employment; and providing for an effective
date.
(For full text of Ordinance, see Ordinance Book No. 64, page 1.)
The motion was seconded by Mr. White.
Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W., advised that law enforcement
is necessary, and should be well trained, well paid and well supported financially.
He expressed concern that adoption of the above referenced ordinance could
be seen as encouraging off duty work by police officers in direct competition with
private security firms; and if police officers were paid adequately, there would be no
need to engage in off duty jobs. He expressed further concern with regard to staff
time involved in processing the payroll function through the City's Finance
Department, and advised that the matter should have been the topic of a public
hearing.
Ordinance No. 35115, on first reading, was adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith .......................................................................................... -7.
NAYS: None ........................................................................................ -0.
POLICE DEPARTMENT-BUILDINGS/BUILDING DEPARTMENT: The City
Manager submitted a written report advising that the original IBM Building was
purchased from the Posner brothers with the intent of saving both time and money
by remodeling the structure to create the new Police Building, Phase I; the
building was originally designed for a third floor, which the Police Department
needed for the square footage to accommodate half the space needs as
recommended by Daniel C. Smith and Associates in their 1997 Long Range Facilities
Master Plan; the City entered into a contractual agreement with Thor, Inc., in the
amount of $4,015,200.00 and 390 consecutive calendar days construction time; and
four change orders have been approved administratively.
The City Manager recommended that she be authorized to execute Change
Order No. 5, in the amount of $31,252.00, to cover the cost of removing adhered
paper and providing a new Duracap Gypcrete slab, plus seven consecutive calendar
days of contract time.
281
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#35116-110600) AN ORDINANCE authorizing the City Manager's issuance of
Change Order No. 5 to the City's contract with Thor, Incorporated, for removing the
adhered paper from the roof and providing a new Duracap Gypcrete slab for the new
Police Building; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 579.)
Mr. Harris moved the adoption of Ordinance No. 35116-110600. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
BUDGET-WATER RESOURCES: The City Manager submitted a written report
advising that the City of Roanoke was notified by the Commonwealth of Virginia
Department of Health on May 2, 2000 that due to possible surface water influence
Crystal Springs Resevoir could not be used as a water supply until the water was
treated for potential surface contaminants, which has caused a loss of three - four
million gallons of water per day in the potable water supply of the City of Roanoke;
on May 17, 2000, the City advertised for qualified engineering firms to provide
professional services to design a water treatment facility for Crystal Springs; and the
Selection Committee chose Wiley & Wilson, A Professional Corporation, as the most
qualified for the project.
It was further advised that after negotiation with Wiley & Wilson, a full service
contract for design, development of construction documents, and construction
administration for a six million gallon per day (MGD) filtration plant for $500,000.00
was determined; Wiley & Wilson has recommended that bids on the filter system be
received prior to bidding the building and all related valves, piping and controls;
filters come from the factory assembled in packages capable of filtering 500,000
gallons per day per filter unit; the project will require ten filter units with space for
two additional units; and in pre-bidding the filter units, Wiley & Wilson advises that
three months can be saved by placing a new filter plant in operation.
282 -
~ The City Manager recommended that she be authorized to execute a full
services contract with Wiley & Wilson, A Professional Corporation, for the lump sum
fee of $500,000.00, with a project contingency of $50,000.00, and that $555,000.00 be
appropriated from Water Fund Retained Earnings to a project account entitled,
"Crystal Springs Filter Plant".
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35117-110600) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Water Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 580.)
Mr. Harris moved the adoption of Ordinance No. 35117-110600. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
Mr. Harris offered the following resolution:
(#35118-110600) A RESOLUTION authorizing a contract with Wiley & Wilson,
A Professional Corporation, for engineering services for the design, development
of construction documents, construction administration, and related work for the
Crystal Springs Filter Plant.
(For full text of Resolution, see Resolution Book No. 63, page 581.)
Mr. Harris moved the adoption of Resolution No. 35118-110600. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith .............. 7.
NAYS: None ............................................................................... -0.
BUDGET-FIRE DEPARTMENT-GRANTS: The City Manager submitted a written
report advising that the Fire Program Fund was established by the General
Assembly in 1985; revenue to support the program is derived from a surcharge on
all fire insurance premiums collected throughout the Commonwealth; program
guidelines direct that Fire Program funds are non-supplanting and may not be used
to replace existing local funding; and funds must be used in accordance with
283
provisions established by the State Department of Fire Programs and may be .used
for fire service training, regional fire service training facilities, firefighting
equipment/apparatus and personal protective clothing.
It was further advised that the City of Roanoke's allocation of $137,061.41 was
electronically transferred to the City Treasurer on October 10, 2000; Council
approved funding for the Roanoke Valley Regional Fire/EMS Training Center, at a
cost of $837,845.00 on November 16, 1998; the City's portion of the annual debt
service for the training center of $60,000.00 will be repaid annually from Fire
Program funds, and the balance of $77,061.00 will be used for the following:
Fire suppression equipment - $32,061.00
Training and development- $10,000.00
Recruitment and development - $5,000.00
Personal protective clothing - $30,000.00
The City Manager recommended that Council accept funds from the
Department of Fire Programs, in the amount of $137,061.41, and authorize the
Director of Finance to establish revenue estimates and appropriation accounts for
procurement of materials and equipment for training and development and for fire
suppression equipment.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#35119-110600) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 582.)
Mr. Harris moved the adoption of Ordinance No. 35119-110600. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
284 -
TRAFFIC-INDUSTRIES-ECONOMIC DEVELOPMENT: The City Manager
submitted a written report advising that the Commonwealth Transportation Board
adopted a policy in 1986 to govern the use of industrial access funds, which indicate
that $300,000.00 in funding for eligible road construction is available from the State
for a qualifying industry, as determined by the State, whose new investment is $3
million; no local matching funds are required for the first $300,000.00; up to
$150,000.00 in additional funding can be made available from the State for an
additional investment of $3 million, provided a dollar-for-dollar City match of up to
$150,000.00 is also provided; and other guidelines for industrial access indicate that
the locality, at its own cost, must provide the right-of-way, adjust any existing
utilities that might be affected by the project, and maintain the roadway after its
completion.
It was further advised that where a locality desires to have an industrial
access road constructed in anticipation of a commitment by a manufacturing,
processing or other qualifying establishment to locate, such request can also be
made, however, it will be necessary that the governing body guarantee to the
Commonwealth Transportation Board that a bond or other acceptable security will
be provided; such bond or security would cover the amount of the access funds
received by the City since the funds are not yet justified by a qualifying industrial
investment, with such investment to be determined by the Virginia Department of
Transportation (VDOT); it is also necessary that the Iocality's resolution state that,
should no establishment acceptable to the Commonwealth Transportation Board be
constructed within the time limit of the bond, such bond shall be forfeited; if only
partial qualifying investment occurs on appropriate site(s) within the time limit of the
bond, proportional credit against the bond will be granted for that partial investment;
and the time limit shall be five years from the date of approval bythe Commonwealth
Transportation Board.
It was explained that two undeveloped tracts of land at the Roanoke Centre
for Industry and Technology (Tract B and Tract F) presently have no roadway access
(Tract A is undeveloped and has existing access); a site grading and roadway
extension contract has been prepared for Council's approval as a separate agenda
item; the proposed extension of Blue Hills Drive is needed for access and could be
constructed using up to $450,000.00 in industrial access road funds; and any access
funds received as a result of the request will replace part of the funds used to fund
the proposed contract.
The City Manager recommended that she be authorized to file an application
with VDOT for industrial access road funds up to $450,000.00 for roadway
construction to provide industrial access to Tracts B and F at the Roanoke Centre
for Industry and Technology; to assure the Commonwealth Transportation Board
285
that the City will, if such project is approved, provide adequate right-of-way, provide
for adjustment of any utilities affected by construction and provide future
maintenance of the roadway through other funding sources; and the City agrees to
provide an appropriate security or bond, acceptable to and payable to VDOT, in the
amount of the access funds received by the City for the road, which security may be
exercised by VDOT in the event that a sufficient qualifying capital investment does
not occur on Tracts B and F within five years of the Commonwealth Transportation
Board's allocation of funds pursuant to the request.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#35120-110600) A RESOLUTION authorizing the City Manager to make
application to the Commonwealth of Virginia Department of Transportation (VDOT)
for Industrial Access Road Funds up to $450,000.00 for the roadway construction to
provide industrial access to Tract B and Tract F in the Roanoke Centre for Industry
and Technology for new corporate prospects and authorizing the execution of any
required documentation on behalf of the City for acceptance of any such funds
which may be awarded, including the provision of an appropriate security or bond
to VDOT.
(For full text of Resolution, see Resolution Book No. 63, page 583.)
Mr. Hudson moved the adoption of Resolution No. 35120-110600. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ........................................................................................... -7.
NAYS: None .................................................................................... 0.
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a
written report advising that the Virginia Department of Criminal Justice Services
(DCJS) is the administering agency for the Virginia Services, Training, Officers,
Prosecution (V-STOP)Violence Against Women Program; V-STOP offers grant funds
to successful applicants for activities which increase the apprehension, prosecution
and adjudication of persons committing violent crimes against women; since 1999,
a total of $52,043.00 has been awarded by DCJS to staff to operate the Domestic
Violence Unit; and the Roanoke Police Department employs a full-time DCJS grant-
funded Domestic Violence Specialist whose primary responsibilities include linking
victims to appropriate community services, assisting victims in court, assisting the
Office of Commonwealth's Attorney in the adjudication of domestic cases, and
building domestic violence database(s) for the Police Department.
286 -
It was further advised that on September 26, 2000, DCJS awarded the Roanoke
Police Department $4,500.00 to participate in an innovative Domestic Violence
Training Program which will be held in Austin, Texas, on December 3-6, 2000; terms
of the grant award provide that training expenses will be reimbursed by DCJS
subsequent to training attendance; training will strengthen the multi-disciplinary
team approach to combating violence against women; and the Domestic Violence
Specialist, the Instructor for Domestic Violence at the Police Academy, and a
prosecutor from the Commonwealth's Attorney's Office will attend the training.
The City Manager recommended that $4,500.00 be appropriated to an account
for Training and Development, as established by the Director of Finance, and that the
revenue estimate be increased in an account to be established by the Director of
Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Carder offered the following emergency budget ordinance:
(#35121-110600) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 585.)
Mr. Carder moved the adoption of Ordinance No. 35121-110600. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................ 7.
NAYS: None ................................................................................... -0.
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a
written report advising that for fiscal year 2000, Congress has appropriated funds
for continuation of the Local Law Enforcement Block Grants (LLEBG) Program to be
administered by the Bureau of Justice Assistance, U. S. Department of Justice; the
purpose of the program is to provide funds to units of local government to
underwrite projects which reduce crime and improve public safety; and award of
Federal funds is $128,331.00, with a local match of $14,259.00 for the period October
1, 2000, through September 30, 2002, which is the fifth year of funding under the
program.
287
It was further advised that grant recipients are required to hold at least one
public hearing on the proposed use of block grant funds prior to obligation of any
funds received; the public hearing is conducted as a part of the City's annual
January public hearing for the HUD Consolidated Plan; and also prior to obligation
of funds received under the block grant program, award recipients must establish
an advisory board that includes, at a minimum, representatives from the local law
enforcement agency, the local prosecutors office, the local court system, the local
public school system, and a local non-profit, educational religious, or community
group active in crime prevention or drug use prevention or treatment.
The City Manager explained that the grant requires that the funds supplement,
rather than supplant local monies; grant funds will be used for: (1) paying overtime
to law enforcement officers for the purpose of increasing the number of hours
worked by such personnel and (2) procuring equipment, training and other materials
directly related to basic law enforcement functions; police bicycle patrol hours will
be expanded through allocation of the funds; last year's grant funding provided over
3,764 hours of extra police patrol time directed at specific areas or neighborhoods;
the grant requires that all funds be placed in an interest bearing account and based
on interest earned during each of the past four years of funding, interest earnings
of $5,000.00 are anticipated for the grant; and the local cash match is $14,259.00 and
is available in the Police Department's State Asset Forfeiture Account.
The City Manager recommended that $147,590.00 be appropriated to grant
fund accounts to be established by the Director of Finance in the following amounts:
Police Overtime
FICA
Expendable Equipment (<$5,000.00)
Training and Development
$118,059.00
$ 9,031.00
$ 20,000.00
$ 500.00
$147,590.00
It was further recommended that revenue estimates be increased in accounts
to be established by the Director of Finance, and that unexpended grant funds be
allowed to draw interest in accordance with grant requirements.
(For full text, see report on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency budget ordinance:
(#35122-110600) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 586.)
288 -
Ms. Wyatt moved the adoption of Ordinance No. 35122-110600. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith .............. -7.
NAYS: None 0.
Ms. Wyatt offered the following resolution:
(#35123-110600) A RESOLUTION authorizing the acceptance of a certain Local
Law Enforcement Block Grant from the United States Department of Justice -
Bureau of Justice Assistance, and authorizing execution of any required
documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 63, page 587.)
Ms. Wyatt moved the adoption of Resolution No. 35123-110600. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ 0.
PUBLIC WORKS-SNOW REMOVAL: The City Manager submitted a written
report advising that highway deicing salt is used for snow and ice removal on City
streets; the Streets and Traffic Division, through its Snow and Ice Removal Account,
will purchase the necessary deicing salt to have on hand and available for use as
needed to address inclement weather problems; and four bid responses were
received, with the lowest bid submitted by Cargill Salt Co., at a cost of $44.90 per ton
for 2000 tons of anticipated usage.
The City Manager recommended that Council authorize issuance of a
purchase order for 2000 tons of highway deicing salt from Cargill Salt. Co., at a cost
of $44.90 per ton.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#35124-110600) A RESOLUTION accepting the bid of Cargill, Inc., Salt
Division, for deicing salt, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the requisite
contract for such work; and rejecting all other bids made to the City for the work.
289
(For full text of Resolution, see Resolution Book No. 63, page 588.)
Mr. Hudson moved the adoption of Resolution No. 35124-110600. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ........................................................................................... -7.
NAYS: None ......................................................................................... 0.
FIRE DEPARTMENT-EQUIPMENT-CMERP: The City Manager submitted a
written report advising that the Capital Maintenance and Equipment Replacement
Program includes the replacement of one fire pumper/elevated water tower truck;
funds for the unit are available in the Fleet Management Vehicular Replacement
Account; in March, 2000, the City took delivery of a fire pumper with water tower
which was appropriately bid and authorized for purchase by Council; and the unit
was awarded to and provided by KME Fire Apparatus of Nesquehoning,
Pennsylvania.
The City Manager recommended that Council authorize the purchase of one
new fire pumper, with water tower, from KME Fire Apparatus in the original bid
amount of $388,770.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#35125-110600) A RESOLUTION accepting the bid of KME Fire Apparatus for
one (1) new Fire Pumper with Water Tower, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 63, page 589.)
Mr. Harris moved the adoption of Resolution No. 35125-110600. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
290 -
FIRE DEPARTMENT-BUILDINGS/BUILDING DEPARTMENT-CITY SHERIFF-
EQUlPMENT-CMERP: The City Manager submitted a written report advising that the
Capital Maintenance and Equipment Replacement Program (CMERP) has identified
the need for replacement of nine full size automobiles for police service and three
pick-up trucks for building services; one utility vehicle for the Water Department is
designated in the Water Department operating budget; and the City Sheriff has also
identified the need to replace two full size automobiles.
It was further advised that three bids were received, with the lowest bid for all
units having been submitted by Magic City Motor Corp., which meets all required
specifications, as follows:
Nine new full size automobiles for the Police Department at a unit cost
of $21,529.00. The extended total cost is $193,761.00. Funds are
available in Fleet Management, Account No. 017-440-2642-9010.
Two new full size automobiles for the Sheriff's Office, at a unit cost of
$21,529.00. The extended total cost is $43,058.00. Funds are available
in Sheriff's Department, Account No. 001-140-3310-9010.
Three new 3/4 ton pick-up trucks for the Building Department, at a unit
cost of $19,566.00. The total extended cost for the units is $58,698.00.
Funding is available in Fleet Management, Account No. 017-440-2642-
9010.
One new mid size four-wheel drive utility vehicle for the Water
Department, at a cost of $28,621.00. Funds are available in Water
Department, Account No. 002-510-2178-9010.
The City Manager recommended that Council award bids as above set forth,
authorize issuance of purchase orders, for a total cost of $324,138.00, and reject all
other bids received by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#35126-110600) A RESOLUTION accepting bids
furnishing and delivering trucks and related equipment,
conditions; and rejecting all other bids made to the City.
made to the City for
upon certain terms and
(For full text of Resolution, see Resolution Book No. 63, page 589.)
291
Mr. Hudson moved the adoption of Resolution No. 35126-110600. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................. -7.
NAYS: None ......................................................................................... -0.
POLICE DEPARTMENT-BUDGET-EQUIPMENT-CMERP: The City Manager
submitted a written report advising that the Capital Maintenance and Equipment
Replacement Program (CMERP) has identified the need to purchase 24 In-Car Video
Systems to be used by the Police Department to record traffic stops, pursuits,
surveillance situations and record calls when police officers are out of camera
visibility range; cameras can also be used for videotaping the transportation of
prisoners, crime and accident scenes; and bids were requested, with one response
received from Mobile Vision Inc., which meets all required specifications, for a total
cost of $90,216.00 for 24 units.
The City Manager recommended that Council accept the bid of Mobile Vision,
Inc., for 24 In-Car Video Systems, in the total amount of $90,216.00, and appropriate
funds from Capital Maintenance and Equipment Replacement Program to Police
Department, Account No. 001-640-3113-2035.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#35127-110600) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 591.)
Mr. White moved the adoption of Ordinance No. 35127-110600. The motion
was seconded by Mr. Hudson.
Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W., applauded the City of
Roanoke for purchasing video equipment which is long overdue; however, he stated
that the City Manager should be instructed to enact a City policy mandating that the
cameras be turned on by law enforcement.
Ordinance No. 35127-110600 was adopted by the following vote:
292 -
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ..................................................................................... 7.
NAYS: None ............. 0.
Mr. White offered the following resolution:
(#35128-110600) A RESOLUTION accepting the bid of Mobile Vision, Inc., for
twenty-four (24) In-Car Video Systems, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 63, page 592.)
Mr. White moved the adoption of Resolution No. 35128-110600. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ........................................................................................... 7.
NAYS: None 0.
PURCHASE/SALE OF PROPERTY-HOUSING/AUTHORITY-HIGHER EDUCATION
CENTER: The City Manager submitted a written report advising that at Council's
August 7, 2000 meeting, Council authorized execution of Amendment No. 1 to the
Greater Gainsboro Redevelopment Cooperation Agreement between the City of
Roanoke and the Roanoke Redevelopment and Housing Authority; Amendment No.
1 authorized the Housing Authority to acquire three properties on Wells Avenue for
an amount not to exceed $300,000.00; the properties will be used for construction
of a surface parking lot to serve businesses and visitors in the area; and since that
time, the City and the Housing Authority have determined that Amendment No. 1
needs to be revised to more accurately reflect the scope of the project (the rec~uest
in August was $330,000.00 and of that amount, $30,000.00 was approved for
infrastructure improvements around the Higher Education Center).
It was further advised that proposed Amendment No. 1 has not been executed;
in order to move the project forward, only properties identified by Official Tax Nos.
2013004 and 2013006 need to be acquired; properties to be conveyed to the City are
identified as Lots 2 and 4, with the Housing Authority to retain the remaining
property; and any savings realized in the acquisition will be returned to the City by
the Housing Authority.
293
It was explained that revised Amendment No. 1 also establishes a new budget
for acquisition of property upon which the public parking garage will be constructed;
due to legal proceedings in the condemnation case of property located at 25
Shenandoah Avenue, the cost of Official Tax No. 2013605 has increased, therefore,
the Housing Authority has requested that the original contract be amended to
include the following:
Additional funding will need to be appropriated once the amounts are
determined. For the parking garage site, the City agrees to provide the
Housing Authority a sum up to the amount awarded by the court. Costs
will include actual expenses for the removal of petroleum tanks,
environmental remediation, testing, legal fees, demolition, site
preparation and other acquisition costs including consultants. The City
and the Housing Authority agrees that the budget amount of
$550,000.00, which was the limit that the City was obligated to pay and
previously appropriated, may need to be increased.
The City Manager recommended that Council approve Revised Amendment
No. 1 to the Greater Gainsboro Cooperation Agreement between the City of Roanoke
and the Roanoke Redevelopment and Housing Authority, in the total amount of
$880,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#35129-110600) A RESOLUTION authorizing execution of Revised Amendment
No. 1 to the Greater Gainsboro Redevelopment Area Cooperation Agreement
between the City of Roanoke and the Roanoke Redevelopment and Housing
Authority, to provide for an increase in funding by the City to the Authority in
connection with the acquisition of additional property necessary to construct a
parking garage and surface parking lot as well as certain site improvements
necessary to serve the Roanoke Higher Education Center in the Redevelopment
Area.
(For full text of Resolution, see Resolution Book No. 63, page 592.)
Mr. Harris moved the adoption of Resolution No. 35129-110600. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
294 -
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith .......................................................................................... 7.
NAYS: None ........................................................................................ -0.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS-HOTEL ROANOKE
CONFERENCE CENTER: The Director of Finance submitted the Financial Report for
the City of Roanoke for the month of September, 2000.
(For full text, see financial report on file in the City Clerk's Office.)
Council Member White requested that future financial reports contain a line
item of expenses for the Hotel Roanoke Conference Center Commission.
Without objection by Council, the Mayor advised that the Financial Report for
the month of September would be received and filed.
.. BUDGET-RIVERSIDE CENTRE: The Director of Finance submitted a written
report advising that on September 18, 2000, Council adopted budget Ordinance No.
35061-091800 which accompanied a report identifying funding needs relative to the
Riverside Centre for Research and Technology, and the budget ordinance was
drafted based on an earlier version of the Council report, which was erroneous;
whereupon, the Director of Finance transmitted a revised budget ordinance which
will deappropriate items erroneously adopted on September 18, 2000, and correctly
transfer/appropriate funding provided for in the Riverside Centre Council report.
Mr. Harris offered the following emergency budget ordinance:
(#35130-110600) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 593.)
Mr. Harris moved the adoption of Ordinance No. 35130-110600. The motion
was seconded by Mr. Carder and adopted by the following vote:
295
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ......................................................................................... 7.
NAYS: None ........................................................................................ -0.
REPORTS OF COMMITTEES:
BUDGET-INDUSTRIES: Council Member W. Alvin Hudson, Jr., Chair, Bid
Committee, presented a written report on behalf of the Committee, in connection
with bids received by the City for a 1,230 foot extension of existing Blue Hills Drive,
together with associated utilities and grading, and to complete the grading of three
new sites in the Roanoke Centre for Industry and Technology.
The Bid Committee recommended that Council accept the bid of Allegheny
Construction Co., Inc., and authorize the City Manager to execute a contract for the
above described work, in a form acceptable to the City Attorney, in the amount of
$1,300,883.00, with a project contingency of $130,117.00, and 180 consecutive
calendar days of contract time; and transfer $1,431,000.00 from Public Improvement
Bonds Series 1999 Account No. 008-052-9709-9178, to RClT Infrastructure Extension,
Account No. 008-052-9632-9032, to fund the contract and to provide a project
contingency.
The City Manager submitted a statement of concurrence in the
recommendation of the Bid Committee.
(For full text, see report and statement on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#35131-110600) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 595.)
Mr. Hudson moved the adoption of Ordinance No. 35131-110600. The motion
was seconded by Mr. Harris and adopted by the following vote:
296 -
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ......................................................................................... -7.
NAYS: None O.
Mr. Harris offered the following emergency ordinance:
(#35132-110600) AN ORDINANCE accepting the bid of Allegheny Construction
Co., Inc., for providing a 1230 foot extension of the existing Blue Hills Drive, together
with associated utilities and grading, and to finish grading three new sites known
as Tracts A, B, and F, in the Roanoke Centre for Industry and Technology, upon
certain terms and conditions and awarding a contract therefor; authorizing the
proper City officials to execute the requisite contract for such work; rejecting all
other bids made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 596.)
Mr. Harris moved the adoption of Ordinance No. 35132-110600. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ................................................................................... -7.
NAYS: None-
DONATIONS/CONTRIBUTIONS-LANDMARKS/HISTORICAL PRESERVATION-
WATER RESOURCES-STREETS AND ALLEYS: Council Member Linda F. Wyatt,
Chair, Water Resources Committee, presented a written report on behalf of the
Committee, with regard to acceptance of the donation of a historical marker at the
intersection of Colonial Avenue and McNeil Drive, S. W.
A staff report advised that erection of a historical marker honoring Samuel P.
McNeil has been proposed by the Honorable Jack B. Coulter at the intersection of
Colonial Avenue and McNeil Drive, within the public right-of-way of the intersection;
City staff has expressed concern regarding private interests being allowed to place
a sign in the public right-of-way; the City Attorney has indicated that a compromise
might be possible by having the sign installed and donated to the City, with the City
accepting the donated and installed sign; accepting donation will allow the marker
to be erected in a more visible location and the City will maintain control of the right-
of-way; acceptance of the marker does not imply that the City will be responsible for
repairs or replacement; the exact location of the marker will be determined by the
297
Director of Public Works; and size of the marker will be two feet wide by three feet
high and three-fourths inch thick, to be mounted on a three inch pipe, which will be
no higher than five feet, thus the maximum height of the marker will be eight feet.
The Water Resources Committee recommended that Council authorize the
City Manager to accept donation of the historical marker honoring Samuel P. McNeil,
following installation, at the intersection of Colonial Avenue and McNeil Drive, S. W.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following resolution:
(#35133-110600) A RESOLUTION accepting the donation of the historical
marker honoring Samuel P. McNeil, upon its installation at the intersection of
Colonial Avenue and McNeil Drive, S. W., and expressing appreciation for such
donation.
(For full text of Resolution, see Resolution Book No. 63, page 597.)
Ms. Wyatt moved the adoption of Resolution No. 35133-110600. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ........................................................................................ 7.
NAYS: None ................................................................................ -0.
PURCHASE/SALE OF PROPERTY-SEWERS AND STORM DRAINS-WATER
RESOURCES-STREETS AND ALLEYS: Council Member Linda F. Wyatt, Chair, Water
Resources Committee, presented a written report on behalf of the Committee, with
regard to property rights acquisition for the Vermont Avenue Storm Drainage
Project.
A staff report advised that a drainage problem has existed for over 40 years
along the 400 block of Vermont Avenue, N. W., in the Washington Heights
Neighborhood, which includes water flowing across private property and flooding
a basement during heavy rainfall; authorization is needed to proceed with
acquisition of necessary property rights; and funding of $10,000.00 for property
rights acquisition is available in Miscellaneous Storm Drains, Account No. 008-052-
9572.
298 -
The Water Resources Committee recommended that Council authorize the
City Manager to execute the appropriate documents to provide acquisition of all
property rights required for the construction of the project, in a form acceptable to
the City Attorney, said property rights may be acquired following a satisfactory
environmental site inspection by negotiation or eminent domain and include fee
simple, permanent easements, temporary construction easements, rights-of-way,
licenses or permits, etc.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency ordinance:
(#35134-110600) AN ORDINANCE providing for the acquisition of property
rights needed by the City for certain drainage improvements in connection with the
Vermont Avenue Drainage Project; authorizing the City Manager to fix a certain limit
on the consideration to be offered by the City; providing for the City's acquisition of
such property rights by condemnation, under certain circumstances; authorizing the
City to make motion for the award of a right of entry on any of the parcels for the
purpose of commencing the project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63, page 598.)
Ms. Wyatt moved the adoption of Ordinance No. 35134-110600. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................ 7.
NAYS: None ....................................................................................... -0.
UNFINISHED BUSINESS: None.
INTRODUCTION
RESOLUTIONS:
AND CONSIDERATION OF ORDINANCES AND
STREETS AND ALLEYS: Ordinance No. 35107, permanently vacating,
discontinuing and closing that certain alley extending from 10th Street, N. E., to 11th
Street, in Block 7, Fairmount Map, said alley being parallel to and between Georgia
Avenue and Connecticut Avenue, having previously been before the Council for its
first reading on Monday, October 16, 2000, read and adopted on its first reading and
laid over, was again before the body, Mr. Harris offering the following for its second
reading and final adoption:
299
(#35107-110600) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 63, page 568.)
Mr. Harris moved the adoption of Ordinance No. 35107-110600. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ...................................................................................... 7.
NAYS: None ....................................................................................... -0.
STREETS AND ALLEYS: Ordinance No. 35108, permanently vacating,
discontinuing and closing that portion of Georgia Avenue, N. E., extending in an
easterly direction from 10th Street, for a distance of 285 feet to a point approximately
100 feet from the intersection of 11th Street, having previously been before the
Council for its first reading on Monday, October 16, 2000, read and adopted on its
first reading and laid over, was again before the body, Mr. Harris offering the
following for its second reading and final adoption:
(#35108-110600) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 63, page 570.)
Mr. Harris moved the adoption of Ordinance No. 35108-110600. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ........................................................................................... 7.
NAYS: None ........................................................................................ -0.
CITY CODE-ZONING: Ordinance No. 35109, amending §36.1-693, Notice of
hearing, of Chapter 36.1, Zonin.q, of the Code of the City of Roanoke (1979), as
amended, to clarify notice requirements, prior to conducting rezoning public
hearings before Council and the City Planning Commission, having previously been
300
before the Council for its first reading on Monday, October 16, 2000, read and
adopted on its first reading and laid over, was again before the body, Mr. Harris
offering the following for its second reading and final adoption:
(#35109-110600) AN ORDINANCE amending §36.1-693, Notice of hearinq, of
Chapter 36.1, Zoninp, of the Code of the City of Roanoke (1979), as amended, to
clarify notice requirements.
(For full text of Ordinance, see Ordinance Book No. 63, page 572.)
Mr. Harris moved the adoption of Ordinance No. 35109-110600. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith .................................................................................... -7.
NAYS: None
STREETS AND ALLEYS: Ordinance No. 35110, permanently vacating,
discontinuing and closing that certain 25' by 85' portion of First Street, N. W.,
approximately 43' from the intersection of First Street and Shenandoah Avenue, as
the same extends between Shenandoah Avenue and Centre Avenue, having
previously been before the Council for its first reading on Monday, October 16, 2000,
read and adopted on its first reading and laid over, was again before the body,
Mr. Harris offering the following for its second reading and final adoption:
(#35110-110600) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 63, page 573.)
Mr. Harris moved the adoption of Ordinance No. 35110-110600. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ........................................................................................... -7.
NAYS: None. 0.
301
CITY NURSING HOME-CITY PROPERTY-LEASES-WATER RESOURCES:
Ordinance No. 35111, authorizing an agreement with Richard B. Jeter and Ned B.
Jeter for lease of a 7.41-acre tract of land located near the former City Nursing Home
at Coyner Springs for agricultural purposes, for a five year period, effective April 20,
2000, at an annual rental of $10.00 per acre per year, and upon such other terms and
conditions as are deemed appropriate and as more particularly set forth in a report
to Council dated October 16, 2000, having previously been before the Council for its
first reading on Monday, October 16, 2000, read and adopted on its first reading and
laid Over, was again before the body, Mr. Harris offering the following for its second
reading and final adoption:
(#35111-110600) AN ORDINANCE authorizing the proper City officials to enter
into a lease agreement between the City and Richard B. Jeter and Ned B. Jeter, for
use of a 7.41-acre tract of land for agricultural purposes, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 63, page 576.)
Mr. Harris moved the adoption of Ordinance No. 35111-110600. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ........................................................................................... 7.
NAYS: None ...........
.0.
CITY PROPERTY-LEASES-WATER RESOURCES-FIRE DEPARTMENT:
Ordinance No. 35112, authorizing a lease agreement with the Southeast Action
Forum for the lease of City-owned property located at 1015 Jamison Avenue, S. E.
(known as Old Fire Station #6), for a five year period, effective July 14, 2000, through
July 13, 2005, at an annual rental of $1.00 per year, upon such other terms and
conditions as are deemed appropriate and as more particularly set forth in a report
to Council dated October 16, 2000, having previously been before the Council for its
first reading on Monday, October 16, 2000, read and adopted on its first reading and
laid over, was again before the body, Mr. Harris offering the following for its second
reading and final adoption:
(#35112-110600) AN ORDINANCE authorizing the proper City officials to enter
into a lease agreement between the City and the Southeast Action Forum for the
lease of City-owned property located at 1015 Jamison Avenue, S. E. (known as Old
Fire Station #6), upon certain terms and conditions.
302 -
(For full text of Ordinance, see Ordinance Book No. 63, page 577.)
· Mr. Harris moved the adoption of Ordinance No. 35112-110600. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ........................................................................................... 7.
NAYS: None .......
COUNCIL: Mr. Harris offered the following resolution changing certain times
and places of commencement for regular meetings of City Council scheduled to be
held on Monday, November 20, 2000, as follows: 12:15 p.m., in the Emergency
Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., 3:00 p.m. and 7:00 p.m., in the Governor's School Lecture
Hall, Patrick Henry High School, 2102 Grandin Road, S. W.:
".(#35135-110600) A RESOLUTION changing certain times and places of
commencement for regular meetings of City Council scheduled to be held on
Monday, November 20, 2000.
(For full text of Resolution, see Resolution Book No. 63, page 600.)
Mr. Harris moved the adoption of Resolution No. 35135-110600. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch,
and Mayor Smith ............................................................................................ 7.
NAYS: None, O.
Council Member Hudson inquired as to the status of City Council Chamber
renovations; whereupon, the City Manager advised that the contractor has until
December 18, 2000, to complete the work, after which time the contractor will begin
to incur daily penalties·
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
303
ROANOKE CiViC CENTER: Council Member Wyatt suggested that food service
vendors doing business at the Roanoke Civic Center be encouraged to offer food
items for sale that may be consumed by persons with dietary restrictions.
REFUSE COLLECTION: Council Member White addressed recent changes to
the City's Bulk Refuse Collection Program, and requested that the City Manager
elaborate on changes and results; whereupon, the City Manager advised that the
change to weekly collection, without the requirement for call-in by a citizen, has
been successful and well received by the community, and the volume of bulk waste
collected has been considerably higher than was anticipated.
CITY SHERIFF-EQUIPMENT: Council Member Hudson requested that the
matter of installing video cameras in marked vehicles of the Sheriff's Department be
referred to the City Manager for report.
ZONING-HOUSING/AUTHORITY: Vice-Mayor Carder called attention to an
automobile repair establishment in the vicinity of the Lansdowne Park housing
complex which was granted a variance some time ago, pursuant to certain proffered
conditions to rezoning relating to landscaping; whereupon, he inquired as to the
City's procedure to ensure that proffered conditions are met, especially in terms of
landscaping issues.
The matter was referred to the City Manager for report.
ACTS OF ACKNOWLEDGMENT-NEIGHBORHOOD ORGANIZATIONS-
SCHOOLS: Council Member Bestpitch expressed appreciation to the Melrose/Rugby
Neighborhood League for hosting a Council/City stafftour of the Melrose/Rugby area
on Monday, October 30, 2000.
Council having participated in a tour of the Huff Lane Micro Village earlier in
the day, Mr. Bestpitch expressed appreciation to students and teachers for their
contributions to the concept of the Micro Village, which allows students to
participate in the democratic process, in employment situations, and in business
and economic matters, etc.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
PARKS AND RECREATION: Mr. Howard Johnson, 820 Westside Boulevard,
N. W., offered his assistance in regard to the establishment of an amusement park
for the Roanoke area which could be located in the Westside Boulevard/Salem
Turnpike/Melrose Avenue area, and stated that such a facility would provide jobs
and entertainment for citizens of the Roanoke Valley.
304 -
PARKS AND RECREATION-SCHOOLS-ARMORY/STADIUM: Ms. Estelle
McCadden, 2128 Mercer Avenue, N. W., spoke in support of remodeling Victory
Stadium, and advised that the longer the facility is allowed to deteriorate, the more
it will cost to complete renovations. She called attention to the need to provide
athletic facilities for William Fleming and Patrick Henry High Schools.
DIRECTOR OF FINANCE-COMPLAINTS-CITY ATTORNEY-CITY MANAGER-CITY
SHERIFF-PUBLIC WORKS-HOUSlNG/AUTHORITY-EQUIPMENT-PENSlONS-
ENVIRONMENTAL POLICY: Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W.,
addressed Council in connection with the following issues/questions:
What is the proper forum for Council to engage in discourse with
citizens in regard to their questions on City projects and/or
issues?
Who is responsible for the $3 million penalty incurred by the City
in connection with the cleaning up of barrels and toxic waste at
the Public Works Service Center, and are there other burial sites
and/or toxic waste sites in the City?
What is the amount of the retirement packages afforded to
Roanoke's former City Manager, City Attorney and Director of
Public Works?
He requested a written response to questions 2 and 3.
Mr. Jeffrey expressed support of the new bulk refuse collection program
which has been successful in his neighborhood; he concurred in the remarks of
CourfCil Member Hudson regarding the need for video cameras in marked Sheriff's
Department vehicles; and he commended Vice-Mayor Carder for his remarks which
were presented at a recent Roanoke Chapter, NAACP Banquet, regarding living
conditions in the Lansdowne Park public housing development and in public
housing in general, however, he requested that the Vice-Mayor's remarks be
reiterated for the record at a future City Council meeting, to be followed by
appropriate action(s) by Council.
At 5:30 p. m., the Mayor declared the meeting in recess.
At 6:25 p. m., the meeting reconvened in the Roanoke Civic Center Exhibit
Hall, with Mayor Smith presiding, and all Members of the Council in attendance, with
the exception of Council Member Harris, who left the meeting during the Closed
Session.
305
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Carder, Hudson, White, Wyatt, Bestpitch, and Mayor
Smith ......................................................................................................... -6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT: The Mayor
advised that there is a vacancy on the Personnel and Employment Practices
Commission for a term ending June 30, 2002, and called for nominations to fill the
vacancy.
Ms. Wyatt placed in nomination the name of Lylburn D. Moore, Jr.
There being no further nominations, Mr. Moore was appointed as a member
of the Personnel and Employment Practices Commission, for a term ending June 30,
2002, by the following vote:
FOR MR. MOORE: Council Members Carder, Hudson, White, Wyatt, Bestpitch
and Mayor Smith ............................................................................................ -6.
(Council Member Harris was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor
advised that there are three vacancies on the Roanoke Arts Commission for terms
ending June 30, 2003, and called for nominations to fill the vacancies.
Mr. Hudson placed in nomination the name of Kathleen W. Lunsford.
Mr. Bestpitch placed in nomination the name of Susanna Koerber.
Ms. Wyatt placed in nomination the name of Charles E. Jordan.
306
There being no further nominations, Ms. Lunsford, Ms. Koerber and
Mr. Jordan were appointed as members of the Roanoke Arts Commission, for terms
ending June 30, 2003, by the following vote:
FOR MS. LUNSFORD, MS. KOERBER, AND MR. JORDAN: Council Members
Carder, Hudson, White, Wyatt, Bestpitch and Mayor Smith .................................. 6.
(Council Member Harris was absent.)
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that thers is a
vacancy on the Youth Services Citizen Board for a term ending May 31, 2003, and
called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Duriel M. Wood.
There being no further nominations, Mr. Wood was appointed as a member of
the Youth Services Citizen Board, for a term ending May 31, 2003, by the following
vote:
FOR MR. WOOD: Council Members Carder, Hudson, White, Wyatt, Bestpitch
and Mayor Smith ......................................................................................... -6.
(Council Member Harris was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE VISION, COMPREHENSIVE
DEVELOPMENT PLAN: The Mayor opened the floor for additional nominations to the
Vision 2001, Comprehensive Plan Citizens Advisory Committee.
Ms. Wyatt placed in nomination the names of Ruth Blackman, Onawa M. Miller,
Jeanie Moses and Nakia Price.
There being no further nominations, Ms. Blackman, Ms. Miller, Ms. Moses and
Ms. Price were appointed as members of the Vision 2001, Comprehensive Plan
Citizens Advisory Committee, by the following vote:
FOR MS. BLACKMAN, MS. MILLER, MS. MOSES AND MS. PRICE: Council
Members Carder, Hudson, White, Wyatt, Bestpitch and Mayor Smith .................. -6.
(Council Member Harris was absent.)
307
There being no further business, the Mayor declared the meeting
adjourned at 7:30 p.m.
APPROVED ~~
~-~_ ~'ATTEST: ~
Mary F. Parker Ralph K. Smith
City Clerk Mayor
308 -
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 20, 2000
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
November 20, 2000, at 12:15 p.m., the regular meeting hour, in the Emergency
Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith
presiding, pursuant to Rule 1, Re.qular Meetin.qs, of Section 2-15, Rules of Procedure,
Code of the City of Roanoke (1979), as amended; and pursuant to Resolution No.
34905-070300 adopted by the Council on July 3, 2000.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., William D.
Bestpitch, William H. Carder and Mayor Ralph K. Smith ......................................... 5.
ABSENT: Council Members William White, Sr., and Linda F. Wyatt ............... -2.
OTHERS PRESENT: Peter Larkin, District Director for Congressman
Goodlatte; Richard A. Kelly, Assistant Superintendent of Operations, Roanoke City
Public Schools; Thomas A. Dick, City of Roanoke Legislative Liaison; and Philip C.
Schirmer, City Engineer.
The Mayor congratulated Congressman Goodlatte on his recent reelection;
and advised that immediately following lunch, the business session would convene.
The invocation was delivered by Council Member Harris.
Following lunch, the business session convened at 12:45 p.m.
Congressman Goodlatte congratulated Mayor Smith and Vice-Mayor Carder
on their election to Roanoke City Council, and Ms. Burcham on her appointment as
City Manager,
Congressman Goodlatte advised that he continues to follow with great
interest the planning for locating 1-73 that is routed by Federal Law through the
Roanoke Valley for the purposes of improving highway safety, particularly to
upgrade or replace Route 220 south of Roanoke for economic development
purposes and to provide better connections to the Piedmont Triad of North Carolina
and Charlotte, North Carolina; and the Virginia Department of Transportation will
hold a series of public hearings beginning in December 2000, and a decision will be
made in the spring of 2001. He further advised that he is working with local and Blue
3O9
Ridge Parkway officials to develop a Blue Ridge Parkway Interpretive Center which
will include a Visitor's Center at Explore Park. He stated that legislation that was
jointly introduced by Congressman Frederick C. Boucher will ultimately bring local
satellite television to the smaller markets in the country, and if the bill passes, it will
give residents in the City of Roanoke competition for their local television service;
and satellite television is not only something that will enhance competition and the
use of satellite technology in smaller communities and rural areas, but will also
ultimately be used for high speed Internet access.
Congressman Goodlatte further advised that the Roanoke Regional Airport
Commission has convinced the Federal Aviation Administration to transfer slots for
Chicago O'Hare Airport to Atlantic Coast Airlines so that airline service could
continue an important connection through Roanoke. He stated that working in
conjunction with Congressman Boucher, they have supported efforts to bring
passenger rail service to southwest Virginia, including legislation that has been
signed into law requiring AMTRAK to participate in a Virginia initiative to provide
passenger rail service from Abington to Roanoke to Lynchburg to Richmond and to
Washington, D.C. He advised that with AMTRAK required to participate, if
negotiations lead to a cooperative venture, the railroads must provide the right-of-
way to AMTRAK which has a nationwide right-of-way for passenger rail service; and
the initiative by the Norfolk Southern Corporation to improve its track lines from
Chattanooga, Tennessee, to Harrisburg, Pennsylvania, would improve the amount
of time a passenger train runs through that area from speeds as Iow as 20 or 30
miles per hour to speeds up above 60 miles per hour, however, the problem is the
railroad does not have the capital to make this kind of investment, and for the first
time, the railroad industry is looking for assistance with its transportation needs by
government appropriations.
Congressman Goodlatte stated that he supports the efforts of the City of
Roanoke and Center-In-The-Square to utilize the passenger rail station in Roanoke
as a visitors' center and a museum; and pointed out that he was successful in
obtaining a $500,000.00 appropriation from Congress which will not sufficiently
cover the entire cost of the project, and an alternative supplemental funding source
is under review. He further stated that he is working with the City Manager on a
question with regard to construction in flood plains, and has contacted the Federal
Emergency Management Agency. He expressed an interest in the Mayor's initiative
to bring better air service to Roanoke, and advised that objections have been raised
with the Justice Department regarding the proposed merger of United Airlines and
U. S. Airways; and he is concerned about the loss of competition in all three airports
within this Congressional district. He expressed support of the City's efforts to work
with Carilion in the Biomedical Research Park, and offered to assist with efforts for
grant funds for some of the projects that are to be undertaken.
310 -
Council Member Bestpitch expressed appreciation to Congressman Goodlatte
for his comments regarding rail service and the airport issue, and advised that he
believes the City's total allocation of its resources for transportation needs, along
with highways, need to be studied.
Mayor Smith asked for a recommendation as to what the City could do to
recruit more high tech businesses; whereupon, Congressman Goodlatte advised
that it is a difficult proposition due to a threshold problem, i.e., northern Virginia
continues to grow due to the Federal Government issuing contracts; and attracting
talent and capital to northern Virginia is easy since the infrastructure is already
there.
Congressman Goodlatte further advised that the City has an opportunity to
build ties with Virginia Tech, and with improved transportation like the smart
highway, and location of the Higher Education Center, Roanoke can become a part
of that same benefit; and the Biomedical Research Facility is a key part of building
identification with Virginia Tech and the University of Virginia. He stated that
Roanoke has a diverse economy with emphasis on medical services, commercial
services, banking services, etc., and should pay attention to all sectors of the
economic base; however, Roanoke must promote its strengths, which is its quality
of life, ties to Virginia Tech, Iow cost-of-living, and a host of other benefits.
The City Manager raised a question with regard to the satellite television issue
previously discussed and inquired if the satellite would have the capability to
broadcast the public access channel; whereupon, Congressman Goodlatte
responded that he did not know the answer since it is not a broadcast channel, and
asked if it was simply an add on cable system. The City Manager responded that she
was not certain about the technical term, but thought it was an appropriate and
essential medium for government to communicate with its citizens; and advised that
the City of Roanoke is resorting to redevelopment, and in the process, is identifying
sites that are either active sites for various materials or retired sites. The City
Manager requested assistance in identifying various opportunities with regard to
brown field sites, both for funding and other special considerations, in order to make
the sites conducive to attracting businesses and industries. She called attention to
tax credits and other ideas under discussion that would encourage businesses to
locate in those areas within communities, which will help the City to stay competitive
in this new environment.
311
The City Manager expressed concern with regard to the buildings being
demolished for more surface parking lots in the downtown area, and advised that
the City of Roanoke needs to address the parking issue to keep downtown Roanoke
viable, and the City is experimenting with a shuttle concept in order to encourage
City employees to not park in the immediate downtown area so as to create
additional parking spaces; and offering programs or grant funds to expand the
shuttle opportunity to businesses in the downtown would not only preserve the
character of downtown and the availability of office space, but would also deal with
the issue of expensive parking. She complimented Congressman Goodlatte and the
Congress on assistance that has been provided through the CDBG program, which
is needed to address a multitude of neighborhood issues; and called attention to a
HOPE VI grant that is being used in the Lincoln Terrace housing community, but
additional assistance is needed to address public housing, with the goal of
dispersing the public forms of housing for Iow and moderate income individuals, as
opposed to resorting to congregated housing, such as public housing. She pointed
out that the Police Department has benefitted significantly as a result of certain grant
programs available to help with crime prevention activity.
Congressman Goodlatte advised that he shares a common interest with the
City of Roanoke regarding brown fields, and called attention to his work with the
Town of Clifton Forge and Alleghany County on the CSX yards, during which time
he worked with the EPA on obtaining a grant for the yards; and he is interested in
using the contacts made in Alleghany County to assist the City of Roanoke or other
localities that need support with regard to brown fields.
Mr. Kelly called attention to two issues that were more global in nature, and
not quite as local or regional as items previously discussed, i.e., the Individuals With
Disabilities Education Act, known as the IDEA, in which the Federal Government
mandates special education services, making a commitment to support 40% of
mandated costs, while the Roanoke City Schools is currently receiving
approximately 15% of the mandated costs reimbursement, with the remaining 85%
being basically supported by the locality and to some extent by the State. He called
attention to recent legislation that Congress was going to increase the amount of
educational funding, and it is hoped that Congress will continue to review the issue
and in an effort to increase money for special education services since it is one of
the fastest growing areas in terms of cost for local school divisions. He stated that
the second issue deals with the Qualified Zone Academy Bond or QZAB; the School
system has a number of schools located in economic empowerment zones; and
Roanoke City Schools have been eligible for about $1.3 million in fundincj for
Qualified Zone Academy Bonds, but have approximately $10 - 12 million in
requirements. He pointed out that there has been some discussion in Congress
about increasing the amount of funding authority for the Qualified Zone Academy
Bonds, and on behalf of the Roanoke City School System, he requested that the
funding authority be increased. Congressman Goodlatte responded that he is
optimistic that funds will be found.
312 -
Discussion was held with regard to local governments having the ability to
exercise eminent domain to acquire property needed for public projects.
There being no further business, the Mayor declared the meeting in recess at
1:35 p.m., to be reconvened at 3:00 p.m., in the Governor's School Lecture Hall,
Patrick Henry High School, 2102 Grandin Road, S. W., City of Roanoke.
At 3:00 p.m., on Monday, November 20, 2000, the regular meeting of City
Council reconvened in the Governor's School Lecture Hall, Patrick Henry High
School, 2102 Grandin Road, S. W., City of Roanoke, with the following Council
Members in attendance, Mayor Smith presiding.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., William
White, Sr., Linda F. Wyatt, William D. Bestpitch, William H. Carder and Mayor
Ralph K. Smith .......................................................................................... -7.
ABSENT: None ..................................................................... -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Council Member
C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS:
PROCLAMATIONS-HUMAN DEVELOPMENT: The Mayor presented a
proclamation declaring the week of November 19 - 25, 2000, as Roanoke Valley
Family Week in the City of Roanoke.
BUSES-ACTS OF ACKNOWLEDGEMENT: The Mayor recognized Jimmy Carter,
Nathaniel Craig, Chaun Dooley, and Ricky Joseph, Valley Metro Bus Operators, who
won the "Best Overall Operator Team" Award at the Twelfth Annual Virginia Transit
Roadeo held on August 26 and 27, in Hampton Rhodes, Virginia. He advised that the
operators' competition consisted of a written examination, a timed obstacle driving
test, and participants were judged on their appearance, knowledge, driving skills,
professionalism and safety techniques. He presented Messrs. Carter, Craig, Dooley
and Joseph with an emblem of the Roanoke City Seal.
313
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
MINUTES: Minutes of the regular meetings of Council held on Monday, June 5,
2000, and Monday, June 19, 2000, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Carder moved that the reading of the Minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Hudson and
adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................ -0.
ZONING-COMMUNITY PLANNING: A communication from Edward A. Natt,
Attorney, requesting a revision to language in the LM, Light Manufacturing District,
with regard to general service establishment, and to add the following similar
language as a permitted use in the HM, Heavy Manufacturing District, was before
the Council:
(24) General service establishments primarily engaged in the repair or
maintenance of goods or items, including automobiles, trucks,
construction equipment, and the provision of business and personal
services, provided all repair and maintenance activities are wholly
enclosed in a building and provided that the gross floor area of all new
buildings for such uses is not less than five thousand (5,000) square
feet.
Mr. Carder moved that the request be referred to the City Planning
Commission for study, report and recommendation to Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
314
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ........................................................................................... -7.
NAYS: None ..................................................................... ---0.
OATHS OF OFFICE-COMMITTEES-YOUTH: A report of qualification of Jenna
Decker as a member of the Youth Services Citizen Board, for a term ending May 31,
2000, was before Council.
Mr. Carder moved that the report of qualification be received and filed. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ..................................................................................... 7.
NAYS: None ....................................................................................... --0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
BUILDiNGS/BUILDING DEPARTMENT-COMPLAINTS: Mr. Frank G. Roupas,
1841 Washington Road, S. W., registered two complaints against the Building
Department, i.e., (1) a certificate of record on rental property at 1018 Patterson
Avenue, S. W., and (2) an employee of the Building Department who offered legal
advice while inspecting a residence. He urged Council to direct the City Manager to
investigate the two complaints.
Without objection by Council, the Mayor advised that the remarks of Mr.
Roupas would be referred to the City Manager for response.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting appropriation of funds to the following school accounts, was before
Council:
$184,542.00 from 2000-01 Capital Maintenance and Equipment
Replacement Funds to fund textbook adoptions, records storage,
music instrument replacement, facility maintenance equipment,
modular buildings, roof replacement, handicap access, Magnet School
improvements, and elementary school improvements.
315
$625,000.00 to provide additional 1999 Bond Funds for architectural,
engineering, survey, and soil analysis fees for the new Roanoke
Academy for Mathematics and Science facility.
$18,000.00 to provide for an educational training program at the Blue
Ridge Technical Academy for high school students at risk of academic
failure and dropping out of school; State funds have been received for
curriculum development and planning needs, which is a continuing
grant program.
$17,524.00 for the Flowers for Education Program (horticulture
curriculum) at William Fleming and Patrick Henry High Schools; the
program will provide opportunities for students with disabilities for
competitive employment, which is a continuing program that will be
reimbursed 100 per cent by Federal funds.
$6,797.00 for the Special Education Interpreter Training Program to
provide for development of a training curriculum for the hearing
impaired, which is a continuing program that will be reimbursed 100
per cent by Federal funds.
$1,699.00 for purchase of a personal computer for the Parent Resource
Center, which program will be reimbursed 100 per cent by Federal
funds.
$125,000.00 for the Middle School Learning Center Pilot Program,
which is a joint program funded by both City and Schools for fiscal
year 2000-01.
A report of the Director of Finance recommending that Council concur in the
request of the School Board, was also before the body.
Mr. White offered the following emergency budget ordinance:
(#35137-112000) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General, School and School Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, page 4.)
316 -
Mr. White moved the adoption of Ordinance No. 35137-112000. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ................................................................................. 7.
NAYS: None ................
SCHOOLS: Rita Bishop, Assistant Superintendent of Instructions, Roanoke
City Schools, introduced Dr. Richard Shelly, Director of the Roanoke Valley
Governor's School, and invited City officials to tour the facility. She advised that the
Roanoke Valley Governor's School was established in 1985, focusing on
mathematics, science and technology; and seven school districts participate in the
Roanoke Valley Governor's School, i.e., the City of Roanoke, City of Salem and the
Counties of Bedford, Botetourt, Craig and Franklin, with 234 students attending
half-day sessions. She stated that a new curriculum is being developed that
addresses information on human genes which will combine the information with
computer technology.
Ms. Bishop highlighted the following student successes at the Governor's
School since its establishment: four of the last five years in the National Young
Inventors and Creators Competition; 80 per cent of student research projects
submitted for presentation to the Virginia Junior Academy of Science; 14 students
currently participate in the mentorship program; 100 per cent of students have
passed the Standards of Learning, and a majority have passed the advanced
proficient category; 97 per cent of the Governor's School graduates believe they are
better prepared for college, and 87 per cent of graduates have the option of
beginning college careers at an accelerated level; and students have qualified for
and attended the International Science and Engineering Fair every year since 1987.
She also highlighted successes for 2000; i.e.: one national merit finalist and ten
national merit commended students; 67 students were offered a total of
$1,666,200.00 in scholarship support; the average SAT score was 1314; 18
valedictorians and two salutatorians.
Ms. Bishop introduced Angela Marshall and Ann Henley Saunders, Patrick
Henry High School seniors, and Kenya Motley, a William Fleming High School junior,
to speak about a program called intercession.
Ms. Marshall advised that a core advantage to the Governor's School is its
dedication to science fair projects; the school year is divided into three trimesters
with a period of approximately 18 days, which is known as intercession that is solely
dedicated to the design, construction, experimentation and production of each
317
student's project; first year students are required to take Fundamentals Of Research
(FOR) as an elective course that serves as a foundation for other electives, which is
considered to be an extremely powerful course that provides the necessary tools for
a student to thrive at any level of a science fair competition.
Ms. Saunders stated that it was a difficult transition at the beginning of her
high school career, FOR helps to balance the principles of budgeting time wisely
through time management which also helped in balancing her workload.
Ms. Motley pointed out the importance of FOR as a part of the Governor's
School intercession. She advised that students do not have to take a core math or
science class, both are incorporated in the electives; some of the electives may
include biotechnology, bio-engineered food, environmental research jobber
programming which allows students to create their own computer programs;
project design engineering which allows students to create their own products and
patent them; and her group is creating a smoke detector for the hearing impaired
that could save lives.
The Mayor expressed appreciation for the presentations.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
BRIDGES-STREETS AND ALLEYS: The City Manager introduced Harold Fott,
Hayes, Seay, Mattern and Mattern, for a briefing with regard to the First Street
Pedestrian Bridge.
Mr. Fott advised that conversion of the First Street Bridge to a pedestrian
bridge evolved from discussions concerning the revitalization of Henry Street in the
early 1990's; bridge load rate is a four-ton load capacity, which makes it unique and
a good choice for conversion to pedestrian traffic; and it is not only being linked
with the Railside Linear Walkway, but also the Higher Education Center and the
development of residential units in GOB south. He called upon Michael Brennan to
review certain concept design issues that have been developed.
318
Mr. Brennan stated that the idea to convert the First Street Bridge to a
pedestrian bridge was originally part of the workshops that were held in conjunction
with the Railside Linear Walkway that led to reservation for a vertical circulation
tower, stair and elevator. He further stated that events of the past few years, such
as the Higher Education Center, conversion of the GOB South building to
condominiums or apartments, and construction of the Greater Gainsboro Parking
Garage, provide an important linkage of two vital areas; a new structure has been
set within the existing structure of the Bridge so that the historic structure can be
preserved and also maintain the signalization in association with the Norfolk
Southern Railroad. He advised that the new structure spans between the two stone
piers, and as the bridge descends at Henry Street or First Street, the grade has been
changed to be gentler in order to accommodate handicapped accessible traffic;
because of the differential in grade, there is an opportunity to bank some greenway
along either side of the sidewalk that is basically ten feet wide, and the rythum of
concrete and brick pavers that evokes the rythum of the railroad is also brought onto
the bridge and across which articulates a pedestrianway; and a plaza has also been
created at the north end of the Henry Street area which basically is a reflection of the
plaza at the InSystems Building on the south side which makes a strong link
between the two, and a common thread that goes across to the northern area. He
further advised that the new structure basically will have a similar configuration that
will echo the original construction; some vertical elements have been added to give
a little flavor and sequence of events on the bridge to provide a sense of place like
the linear walk; articulation of the vertical circulation tower at the railway picks up
on the railroad-type of architecture emulated in development of the railside linear
park; exposed steel is of an industrial look and blends with the architecture of the
bridge; and landscaping along the embankment towards Henry Street or First Street
softens the edge and blends into the pedestrian plaza at the side of the parking deck
which is softened by a significant amount of landscaping in the plaza area.
Mr. Hudson inquired about handicap accessibility; whereupon, Mr. Brennan
responded that the grade on the north side is within the requirements of maximum
grades for handicapped accessibility, and an elevator will be located on the south
side for accessibility to the linear railway.
Ms. Wyatt questioned whether or not the consultants had contacted the
Roanoke Redevelopment Corporation, inasmuch as they have an interest in the
project; whereupon, Mr. Brennan responded in the affirmative, and advised that the
conceptual design came out of a series of workshops hosted by the City that were
attended by Downtown Roanoke, Inc., the Redevelopment and Housing Authority,
the Higher Education Center, and the Roanoke Neighborhood Development
Corporation.
319
Mr. Carder stated that questions were raised during a Downtown Roanoke,
Inc., Board meeting with regard to closing the bridge to traffic or a study to ensure
that the bridge will accommodate vehicular traffic and pedestrians. He asked if the
reason was that the first Outlook Roanoke Plan did not recommend changing the
bridge, or the negative repercussions to the possible development of Henry Street
in terms of retail, entertainment, restaurants, etc. Mr. Brennan advised that the
consultants, City staff, and representatives of the Roanoke Neighborhood
Development Corporation were involved in the workshops and believe that the plan
does not impede the redevelopment opportunities for the Henry Street area.
Ms. Wyatt interjected that she was involved in the discussion as to whether
there would be a pedestrian bridge or a vehicular bridge, and the issue did indeed
come down to a large degree of money, which is available to do one or two things,
i.e.: (1) a pedestrian bridge that blends in with the railroad theme and the linear park,
and (2) an upscale pedestrian bridge that will blend the entire project together or
construct a functional vehicular bridge that is not going to particularly blend in with
anything; and the decision in the discussion was that the bridge would detract from
all the projects. She advised that the parties having a mutual interest decided that
the pedestrian bridge idea would promote the Linear Park which would incorporate
the entire walk process beginning at The Virginia Transportation Museum to Henry
Street to The Hotel Roanoke and down to the City Market.
Mayor Smith inquired as to the estimated cost of bridge modification;
whereupon, the City Engineer advised that the cost was $800,000.00, and ad,~:ised
that the plan is a long way from reality; City staff plans to share the proposed design
with Gainsboro neighborhood residents, as well as the Architectural Review Board
and the City Planning Commission. He further advised that the First Street Bridge
does not serve a purpose for vehicular circulation, which is now accomplished by
the new Second Street Bridge; the bridge itself is in poor condition and would be
expensive to renovate in order to continue carrying vehicular traffic.
The City Engineer explained that from a traffic safety standpoint, the bridge
has problems in terms of the grades that are very steep on the south side, the bridge
is narrow; and input received from the Gainsboro neighborhood and the Roanoke
Neighborhood Development Corporation is that they would like for Henry Street or
First Street to have a pedestrian character that could support street festivals and the
nature of the proposed development for the area; and conversion of the First Street
Bridge to a pedestrian bridge would support that concept.
Mr. Bestpitch inquired as to the cost to the City to completely replace the First
Street Bridge in order to accommodate both vehicular and pedestrian traffic;
whereupon, the City Engineer advised the cost could be approximately three or four
times the $800,000.00 figure.
32O
There being no further discussion and without objection by Council, the Mayor
advised that the briefing would be received and filed.
Hearing no objections, the briefing was received and filed.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-CITY EMPLOYEES-BLUE CROSS/BLUE SHIELD: The City Manager
submitted a communication advising that the present Health Insurance Contract with
Trigon Blue Cross Blue Shield expires on December 31, 2000; premiums for health
insurance coverage did not change during 1998 and 1999, but increased ten per cent
for calendar year 2000; the City is faced with significant increases in health
insurance costs; there are basically two ways to manage such increases, i.e.:
change benefit design and/or increase funding; benefit design can be changed to
somewhat lower the rate increase; City funding of the benefit can be increased and
lower the rate impact to employees; wisdom in establishing the stabilization fund
offers the City a method to increase its participation by utilizing the fund to stabilize
rates; withdrawals totaling $1,700,000.00 during calendar year 2001 would result in
rate increases of approximately 20 per cent to employees; withdrawals over the next
two years would be used to subsidize rates; and based upon current enrollment, the
contract cost is $8,993,006.00 for calendar year 2001.
The City Manager recommended that Council authorize award of a contract
for health insurance to Trigon Blue Cross Blue Shield for a period of one year,
beginning January 1, 2001 and ending December 31, 2001, with an option to renew
for two additional one-year terms, contingent upon rate adjustments and availability
of funds.
TOTAL PREMIUM
CURRENT 2001 CURRENT 2001
COMP. RATE COMP. RATE P.O.S. RATE P.O.$. RATE
Employee $194.98 $286.20 $160.90 $265.04
EmplChild 280.98 412.13 231.88 381.66
Family 456.82 669.71 377.06 620.18
~EMPLOYEE COST
CURRENT 2001
COMP. RATE COMP. RATE
CURRENT 2001
P.O.S. RATE P.O.S. RATE
Employee $ 19.98 $ 30.65 $ 7.90 $ 9.48
Emp/Child 105.98 127.18 78.88 94.66
Family 281.82 338.18 224.06 268.87
321
Mr. Harris offered the following emergency budget ordinance:
(#35138-112000) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, Page 7.)
Mr. Harris moved the adoption of Ordinance No. 35138-112000. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................ 7.
NAYS: None .......................................................................................... -0.
Mr. Harris offered the following resolution:
(#35139-112000) A RESOLUTION authorizing the execution of a contract and
related documents with Trigon Blue Cross Blue Shield to provide for a
Comprehensive Health Plan and a Point of Service Health Plan for subscriber~ and
retirees of the City and members of their families, for one year beginning January 1,
2001, with an option to renew clause for two additional one-year terms contingent
upon rate adjustments and availability of funds.
(For full text of Resolution, see Resolution Book No. 64, Page 11.)
Mr. Harris moved the adoption of Resolution No. 35139-112000. The motion
was seconded by Mr. Carder.
Mr. Hudson expressed concern with regard to the amount of the rate increase
and the affect on City employees and inquired if City staff has met with the
employees to explain the increase in cost; whereupon, the City Manager advised that
a communication was mailed to the residence of each City employee after the report
was placed on the City Council's written agenda. She further advised that it would
have been premature to notify the employees prior to informing Council cf the
proposed increase; and a copy of the communication was provided to each
department manager within the organization to share with their employees in
advance of Council's action. She stated that in November 1999, prior to her arrival,
City employees received a communication indicating a significant premium increase
effective January 1, 2001; there are opportunities within the proposal for City
employees to reduce their cost if they choose a less costly plan; and there are
higher premiums for the comprehensive plan, however, employees can mitigate their
cost by taking advantage of a pretax payment on the expense.
322
The City Manager explained that the City plans to raise the pretax cap to the
Federal limit for reimbursement on medical expenses, effective January 1, 2001, so
that those employees who have out-of-pocket expenses that are higher than the cap
will be able to be reimbursed on a pretax basis for medical reimbursements.
There was discussion with regard to retirees health care benefits and
disparities and the pre-admission penalty under the Point of Service Plan.
Mr. White requested that funding for retiree health insurance benefits be
referred to 2001-02 budget study for discussion by Council.
Ms. Wyatt requested a report with regard to stress-related illnesses and
treatment of City employees, compared with the same type of illnesses and
treatment one year ago.
Mr. Hudson requested a report on the types of coverage to be included under
the third tier of services provided by Trigon Blue Cross Blue Shield.
There being no further discussion, Ordinance No. 35139-112000 was adopted
by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ....................................................................................... -7.
NAYS: None ............................
EASEMENTS-PIPELINES-STATE HIGHWAYS-STREETS AND ALLEYS-
TRAFFIC: The City Manager submitted a communication advising that at the
November 6, 2000 meeting of Council, several persons addressed Council with
regard to the location of the proposed Virginia Gas Pipeline Project, and Council
subsequently requested that a letter be forwarded to the State Corporation
Commission asking that a public hearing on the matter be held in the Roanoke area;
whereupon, the City Manager transmitted a measure encouraging Virginia Gas
Pipeline Company (VGPC) to hold such a public hearing, and to seek the cooperation
of other utility companies by co-locating the proposed pipeline within existing utility
easements where appropriate.
It was further advised that as previously suggested by Council,
representatives from VGPC met with Roanoke residents at a meeting of the Garden
City Civic League on October 5, 2000, to discuss the proposed gas transmission line
planned for that area; VGPC shared preliminary plans for an eight-inch natural gas
transmission pipeline with the 20 persons in attendance; the pipeline that extends
323
into the portion of the City is approximately 3.5 miles in length from the City limits
to Riverland Road, S. E., extending off of the 123 mile pipeline extension that begins
in Saltvilie, Virginia, and continuing through the New River Valley into Roanoke and
Franklin Counties; extension into the City of Roanoke would cross several public
rights-of-way and parcels of City-owned property, covering half of the pipeline's
distance in the City; and the remaining half could affect approximately 50 parcels of
private property in the City of Roanoke.
The City Manager recommended that Council adopt the above referenced
resolution for transmittal to Virginia Gas Pipeline Company, the State Corporation
Commission, and others.
Mr. Bestpitch offered the following resolution:
(#35140-112000) A RESOLUTION encouraging Virginia Gas Pipeline Company
(VGPC) to hold a public hearing on the proposed route of the gas pipeline that it
anticipates building in the City of Roanoke and surrounding area; to have VGPC
seek the cooperation of other utilities and co-locate the proposed gas pipeline within
existing gas or other utility easements where appropriate; and to further address any
environmental or safety concerns of the citizens or residents of the area where the
proposed gas pipeline will be located.
(For full text of Resolution, see Resolution Book No. 64, Page 12.)
Mr. Bestpitch moved the adoption of Resolution No. 35140-112000. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ..................................................................................... 0.
POLICE DEPARTMENT-DONATIONS/CONTRIBUTIONS-NEIGHBORHOOD
ORGANIZATIONS-WRABA: The City Manager submitted a communication advising
that on July 17, 2000, Council adopted a resolution accepting and expressing
appreciation for a monetary pledge of $9,000.00 from the Williamson Road Area
Business Association, pursuant to Resolution No. 34947-071700; funds were
designated for expenses associated with establishment of a Community Oriented
Police facility at 1502 Williamson Road, N. W., in the Civic Mall; the resolution also
authorized the City to enter into a lease contract with Blue Eagle partnership for
office space at said location; when the gift was authorized by the Williamson Road
Area Business Association's Board of Directors, $9,000.00 was the maximum
324
amount their budget would accommodate; however, it is now the desire of the
Williamson Road Area Business Association to donate an additional $4,500.00 for
expenses associated with establishing the Community Oriented Police facility.
It was further advised that on October 9, 2000, the Community Oriented Police
facility began operations at its new quarters in Civic Mall; expense estimates
relative to establishing the facility have exceeded the amount of the initial $9,000.00
gift, and accordingly, the proposed $4,500.00 donation will be used to fund
additional expenses, i.e.: construction/remodeling and purchase of office furniture;
and the initial $9,000.00 gift has not been appropriated by Council and remains
unspent.
The City Manager recommended that Council accept the additional gift of
$4,500.00 from the Williamson Road Area Business Association, and appropriate
$'13,500.00 (the initial $9,000.00 gift, plus the additional $4,500.00 gift) to accounts
to be established by the Director of Finance in the following amounts:
Expendable Equipment <$5,000.00
Project Supplies
$ 2,343.00
11,157.00
$13,500.00
It was further recommended that Council establish a revenue estimate in an
account to be established by the Director of Finance in the Grant Fund.
Mr. Hudson offered the following emergency budget ordinance:
(#35141-112000) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, Page 14.)
Mr. Hudson moved the adoption of Ordinance No. 35141-112000. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................. -7.
NAYS: None ..............................................................-0.
Mr. Harris offered the following resolution: _
325
(#35142-112000) A RESOLUTION accepting and expressing appreciation for
the monetary pledge from the Williamson Road Area Business Association.
(For full text of Resolution, see Resolution Book No. 64, Page 15.)
Mr. Harris moved the adoption of Resolution No. 35142-112000. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith .............................................................................................. 7.
NAYS: None ..................................................................................... ~-.-0.
POLICE DEPARTMENT-BUDGET-GRANTS.EQUIPMENT: The City Manager
submitted a communication advising that the Virginia Department of Motor Vehicles
(DMV) is the administering agency for pass through funds provided by the United
States Department of Transportation for highway safety projects in Virginia; the DMV
offers funds, in the form of grants, to successful applicants for activities which
improve highway safety in Virginia; and on September 29, 2000, the DMV awarded
the Roanoke City Police Department with $20,000.00 to purchase automated motor
vehicle accident scene measuring equipment, which will allow for more efficient
investigations at scenes of motor vehicle accidents, improve prosecutions through
more precise accident scene documentation, and allow investigators to minimize the
duration of roadway obstructions at motor vehicle accident scenes.
It was further advised that between 1995 and 1999, there were 1,248 personal
injury motor vehicle accidents in the City of Roanoke resulting in 1,601 personal
injuries and 23 fatal motor vehicle accidents involving 29 victims; there is a need to
conduct improved motor vehicle accident reconstruction and documentation related
to accidents involving fatalities or serious personal injuries and to minimize the
associated roadway disruptions and safety hazards.
The City Manager recommended that Council accept the grant from the
Division of Motor Vehicles and appropriate $20,000.00 to Grant Fund accounts to be
established by the Director of Finance in the following amounts:
Training and Development
Expendable Equipment (<$5,000.00)
Other Equipment
$ 2,300.00
3,265.00
14,435.00
$20,000.00
326 -
It was further recommended that Council and establish a revenue estimate in
an account to be established by the Director of Finance.
Mr. Hudson offered the following emergency budget ordinance:
(#35143-112000) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, Page 16.)
Mr. Hudson moved the adoption of Ordinance No. 35143-112000. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ....................................................................... 7.
NAYS: None ............................................................. -0.
POLICE DEPARTMENT-TRAFFIC-BUDGET-ELECTIONS-PARKS AND
RECREATION -FIRE DEPARTMENT-ARMORY/STADiUM-PUBLIC WORKS-ROANOKE
CIVIC CENTER-CIRCUIT COURT.CMERP-UTILITY LINE SERVICES.MANAGEMENT
AND BUDGET-LIBRARIES-JUVENILE AND DOMESTIC RELATIONS DISTRICT
COURT-EQUIPMENT: The City Manager submitted a communication advising that
on October 2, 2000, Council concurred in funding recommendations for the fiscal
year 2000-01 Capital Maintenance and Equipment Replacement Program (CMERP);
CMERP is used to fund equipment purchases, maintenance, and other one-time
priority purchases; approval by Council is required to appropriate funds from
CMERP Enterprise Fund and Internal Service Fund Retained Earnings to various
departmental operating accounts to allow for acquisition of certain items and
projects as set forth in Attachment A to the report; and all acquisitions will be
accomplished in accordance with the City's Procurement Policies, as contained in
Chapter 23.1, Code of the City of Roanoke (1979), as amended.
The City Manager recommended that Council adopt a budget ordinance to
appropriate a total of $1,326,710.00 to various departmental accounts.
Mr. Harris offered the following emergency budget ordinance:
(#35144-112000) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General, Water, Civic Center, Capital Projects, and Management
Services Funds Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, Page 17.)
327
Mr. Harris moved the adoption of Ordinance No. 35144-112000. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and MayorSmith ............................................................................................... 7.
NAYS: None ................................................................................... -0.
REPORTS OF COMMITTEES:
COUNCIL-LEGISLATION-SCHOOLS: Council Member William White, Sr.,
Chair, Legislative Committee, presented a written report on behalf of the Committee,
advising that on November 6, 2000, Council's Legislative Committee met to review
the proposed 2001 Legislative Program; the School Board's portion of the Program
was approved on November 13, 2000; whereupon, the Legislative Committee
recommended favorable action by Council.
Mr. White offered the following resolution:
(#35145-112000) A RESOLUTION adopting and endorsing a Legislative
Program for the City to be presented to the City's delegation to the 2001 Session of
the General Assembly.
(For full text of Resolution, see Resolution Book No. 64, Page 22.)
Mr. White moved the adoption of Resolution No. 35145-112000. The motion
was seconded by Ms. Wyatt.
Mr. Martin D. Jeffrey, 517 Rutherford Avenue, N. W., addressed City Council
with regard to changes to the Charter. He inquired as to the appropriateness of
forwarding the revision to the City's delegation to the General Assembly prior to
holding a public hearing on proposed Charter revisions. Mayor Smith advised that
a public hearing will be held at the 7:00 p.m. session of Council this evening.
There being no further discussion, Resolution No. 35145-112000 was adopted
by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ................................................................................ -0.
328
SEWERS AND STORM DRAINS-SIDEWALK/CURB AND GUTTER-BUDGET-
STREETS AND ALLEYS: Council Member W. Alvin Hudson, Jr., Chair, Bid
Committee, presented a written report on behalf of the Committee, in connection
with bids received by the City for Summit Hills Storm Drain Project - Phase I.
The Bid Committee recommended that Council accept the alternate bid of J. P.
Turner and Brothers, Inc., in the amount of $174,686.50, with a project contingency
of $26,203.00 and 180 days of contract time; reject all other bids received by the City;
and authorize the Director of Finance to transfer the following amounts to a project
account entitled, "Summit Hills Storm Drain Project - Phase I".
Public Improvement Bonds Series 1996
Account No. 008-052-9701-9191 (Streets)
$ 51,448.00
Public Improvement Bonds Series 1999
Account No. 008-052-9709-9191 (Streets)
11,447.00
Public Improvement Bonds Series 1996
Account No. 008-052-9701-9176 (Storm Drains)
137,995.00
Total
The City Manager submitted a communication concurring in the
recommendation of the Bid Committee.
Mr. Hudson offered the following emergency budget ordinance:
(#35146-112000) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64, Page 23.)
Mr. Hudson moved the adoption of Ordinance No. 35146-112000. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ...................................................................................... -7.
NAYS: None ........................
Mr. Hudson offered the following emergency ordinance:
329
(#35147-112000) AN ORDINANCE accepting the bid of J. P. Turner and
Brothers, Inc., for installing approximately 900 feet of H.D.P.E. storm drain pipe and
concrete curb along Summit Drive, upon certain terms and conditions and awarding
a contract therefor; authorizing the proper City officials to execute the requisite
contract for such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, Page 24.)
Mr. Hudson moved the adoption of Ordinance No. 35147-112000. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith .............................................................................................. 7.
NAYS: None ..................................................................................... -0.
UNFINISHED BUSINESS: NONE.
INTRODUCTION
RESOLUTIONS:
AND CONSIDERATION OF ORDINANCES AND
POLICE DEPARTMENT-CITY CODE-CITY SHERIFF: Ordinance No. 35115, with
regard to employment of off-duty police officers and Sheriff's deputies, having
previously been before the Council for its first reading on Monday, November 6,
2000, read and adopted on its first reading and laid over, was again before the body,
Mr. Harris offering the following for its second reading and final adoption:
(#35115-112000) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended, by adding a new §23-7, Employment of Off-Duty Police Officers
and Sheriff's Deputies, Article I, In General, of Chapter 23, Police, to confirm the
existence of the law enforcement powers and authorities of police officers and
deputy sheriffs during periods of off-duty employment; and providing foran effective
date.
(For full text of Ordinance, see Ordinance Book No. 64, Page 1.)
Mr. Harris moved the adoption of Ordinance No. 35115-112000. The motion
was seconded by Mr. Carder.
330
Mr. Martin D. Jeffrey, 517 Rutherford Avenue, N. W., reiterated his concern
expressed at the November 6, 2000 Council meeting that serious implications could
occur from expanding the policing authority of off-duty City police officers. He
stated that the matter warrants a broader discussion by Council.
Ordinance No. 35115-112000 was adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and MayorSmith ......................................................................................... -7.
NAYS: None ....................................................................... -0.
COUNCIL: Mr. Harris offered the following resolution changing certain times
and places of commencement for regular meetings of City Council scheduled to be
held on Monday, December 4, 2000, and Monday, December 18, 2000, as follows:
DATE OF MEETING TIME PLACE OF MEETING
December 4, 2000 12:15 p.m. Emergency Operations Center
1't Floor, Municipal Building
215 Church Avenue, S.W.
3:00 p.m. Governor's School Lecture Hall
Patrick Henry High School
2102 Grandin Road, S.W.
December 18, 2000 12:15 p.m. Emergency Operations Center
1,t Floor, Municipal Building
215 Church Avenue, S.W.
3:00 p.m. Governor's School Lecture Hall
Patrick Henry High School
2102 Grandin Road, S.W.
7:00 p.m. Governor's School Lecture Hall
Patrick Henry High School
2102 Grandin Road, S.W.
(#35148-112000) A RESOLUTION changing certain times and places of
commencement for regular meetings of City Council scheduled to be held on
Monday, December 4, 2000, and Monday, December 18, 2000.
(For full text of Resolution, see Resolution Book No. 64, Page 26.)
331
Mr. Harris moved the adoption of Resolution No. 35148-112000. The motion
was seconded by Mr. Carder.
Mr. Hudson inquired about the status of renovations to the City Council
Chamber; whereupon, the City Manager advised that the contractor is aware of the
City's concerns over the amount of time involved in completion of the project, as
well as the inconvenience to the fourth floor occupants.
Resolution No. 35148-112000 was adopted by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS:None ................................................................................... ~.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
CELEBRATIONS-CiTY EMPLOYEES: Mr. Harris offered the following
resolution:
(#35149-112000) A RESOLUTION closing certain City offices on Tuesday,
December 26, 2000, and providing for additional holiday leave for all City employees.
(For full text of Resolution, see Resolution Book No. 64, Page 27.)
Mr. Harris moved the adoption of Resolution No. 35149-112000. The motion
was seconded by Mr. Hudson.
Ms. Wyatt expressed concern with regard to time off for public safety
employees; and moved that the resolution be amended by deleting the following
sentence: "Adherence to this resolution shall cause no disruption or cessation of
the performance of any emergency, essential or necessary public service rendered
or performed by the City."
The motion was seconded by Mr. Hudson.
332
The City Manager advised that the proposed amendment would cause this
particular holiday to be treated differently than any other holidays currently provided
for in the City Code. She requested that the City administration be allowed to submit
a report to Council with regard to City holiday leave, annual leave, sick leave, etc.
She further requested that the current practice for holiday leave be recongnized in
this specific instance.
Resolution No. 35'149-112000, as amended, was lost by the following vote:
AYES: Council Members Hudson and Wyatt .............................................. -2.
NAYS: Council Members Harris, White, Bestpitch, Carder and Mayor
Smith ............................................................................................................ 5.
Resolution No. 35149-112000 was adopted by the following vote:
AYES: Council Members Harris, White, Bestpitch, Carder and Mayor Smith---5.
NAYS: Council Members Hudson and Wyatt ............................................. -2.
COUNCIL: Council Member Bestpitch moved that Council convene in a Closed
Meeting to discuss the performance of a Council-Appointed Officer, pursuant to
Section 2.1-344 (A)(I), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Bestpitch, Carder and Mayor
Smith ............................................................................... -5.
NAYS: Council Members Harris and White ............................................. -2.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
At 5:40 p.m., the Mayor declared the meeting in recess for a Closed Meeting.
At 6:35 p.m., the Council meeting reconvened in the Governor's School
Lecture Hall, Patrick Henry High School, 2102 Grandin Road, S. W., City of Roanoke,
with all Members of the Council present, with the exception of Council Members
Hudson, White and Carder, Mayor Smith presiding.
333
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Harris
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch and Mayor Smith ............. -4.
NAYS: None ............................................................................................ 0.
(Council Members Hudson, White and Carder were absent.)
The Mayor declared the meeting in recess at 6:37 p.m., to be reconvened at
7:00 p.m., in the Governor's School Lecture Hall, Patrick Henry High School, 2102
Grandin Road, S. W., City of Roanoke.
On Monday, November 20, 2000, at 7:00 p.m., the Roanoke City Council
reconvened in regular session in the Governor's School Lecture Hall, Patrick Henry
High School, 2102 Grandin Road, S. W., City of Roanoke, with the following Council
Members in attendance, Mayor Smith presiding.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., William
White, Sr., Linda F. Wyatt, William D. Bestpitch, William H. Carder and Mayor
Ralph K. Smith ................................................................................................ 7.
ABSENT:None ................................................................................ ~.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Council Member
C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
334 -
PRESENTATIONS:
ACTS OF ACKNOWLEDGEMENT-CITIZEN OF THE YEAR: The Mayor advised
that the City of Roanoke is blessed with many citizens who give of their time and
talents to make Roanoke an Ali-America City; and it is always a difficult task for the
Members of Council to select the Citizen of Year because there are so many
deserving persons in the "Star City".
Mayor Smith announced that the 2000 Citizen of the Year is Mr. Lawrence
Hamlar, a native of Roanoke, who graduated from Lucy Addison High School and
received his undergraduate degree from Virginia State College; and he attended the
Gupton-Jones College of Mortuary Science before co-founding in 1952, the Hamlar-
Curtis Funeral Home. The Mayor further advised that Mr. Hamlar has demonstrated
a heart for higher education and for the advancement of minorities in the Roanoke
Valley; he is a member of First Baptist Church and a life member of the National
Association for the Advancement of Colored People; and he established the
Constance J. Hamlar Memorial Scholarship, in memory of his late wife, for minority
students at Virginia Western Community College and Roanoke College. He stated
that Mr. Hamlar has served on the Boards of Virginia Western Community College,
First Federal Savings and Loan Association, Roanoke Science Museum, Virginia
Council of Small Business Administration and Roanoke City Schools; he has served
as a Trustee of Roanoke College since 1986 and last year received an Honorary
Doctorate from that institution; he served as Vice.President of the Economic
Development and Community Relations Committee of Total Action Against Poverty;
he helped to organize Valley Bank; he served as Chair of the Board of the Virginia
Recreational Facilities Authority; in 1988, he received the National
Brotherhood/Sisterhood Award from the Roanoke Valley Chapter of the National
Conference of Christians and Jews; in 1993, he received the Noel C. Taylor
Distinguished Humanitarian Award from TAP; in 1998, he was inducted into the
Junior Achievement's Business Hall of Fame; and in 1999, he was inducted into
Virginia State University's Football Hall of Fame.
Mr. Harris offered the following resolution:
(#35136-112000) A RESOLUTION naming Lawrence Harrison Hamlar Citizen
of the Year 2000 for the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 64, Page 2.)
Mr. Harris moved the adoption of Resolution No. 35136-112000. The motion
was seconded by Mr. Carder and adopted by the following vote:
335
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................. -7.
NAYS: None ........................................................................................ --0.
The Mayor announced that Mr. Hamlar's name will join the ranks of 18
outstanding citizens who have been honored as Citizen of the Year beginning in
1981 for the significant contributions they have made to the total life of the Roanoke
community by demonstrating a personal concern for the City's well-being and
cultural enrichment.
On behalf of the citizens of the City of Roanoke and the Members of the
Roanoke City Council, the Mayor unveiled the Citizen of the Year Plaque, which
displays the photograph of Mr. Hamlar as Roanoke's 2000 Citizen of the Year; and
presented him with a personalized plaque, a ceremonial copy of Resolution No.
35136-112000, and the Key to the City, which is the highest gift bestowed upon an
individual by the City of Roanoke.
ZONING: Council at its regular meeting on Monday, October 16, 2000, having
continued a public hearing on the request of Madison Health Care Center that
approximately 10.384 acres of land located at 4415 Pheasant Ridge Road, S. W.,
identified as Official Tax No. 5460101, be rezoned from C-1, Office District, t~ LM,
Light Manufacturing District, subject to certain conditions proffered by the petitioner,
until the regular meeting of Council on Monday, November 20, 2000, at 7:00 p.m., the
matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, September 29, 2000, and Friday, October 6, 2000.
A report of the City Planning Commission advising that the subject property,
containing 10.384 acres, was part of a larger conditional rezoning for the Pheasant
Ridge development project located off U. S. Route 220, which initially involved
rezoning and development of 49.23 acres; the purpose of the proposed rezoning is
to permit construction of a 70,000 square-foot mini warehouse facility, consisting of
five buildings; and the petitioner has indicated that development at Pheasant Ridge
has created a demand for the mini warehouses, was before Council.
The City Planning Commission advised that the Planning Commission's
motion to approve the request for rezoning failed by a vote of three - four and
pursuant to By-Laws of the Planning Commission, a motion fails if a majority of
Commission Members present do not vote in favor of the motion; therefore, the City
Planning Commission is unable to make a favorable recommendation to Council on
the rezoning request.
336
Mr. Carder moved that the following ordinance be placed upon its first
reading:
"AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 546, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain conditions proffered by the
applicant."
The motion was seconded by Mr. Hudson.
Mr. White pointed out that the request for rezoning failed to gain the Planning
Commission's approval and inquired if a staff representative was prepared to brief
Council on the matter; whereupon, Evelyn S. Lander, Director of Planning, Building
and Development, advised that the request of Madison Health Care Center is to
rezone and change the proffered conditions of an existing piece of property located
off of U. S. 220 and Old Rocky Mount Road that was rezoned in 1996 under certain
conditions to be developed for a nursing home, condominiums, single family
dwellings, two-family dwellings, townhouses, and a medical clinic; and several other
conditions were associated with the rezoning dealing with the treatment of wooded
areas, the exterior condition of the buildings, materials, and recreational amenities
on the property.
Ms. Lander further advised that this particular request was filed by Jones and
Jones Associates on behalf of the petitioner to develop the property, or at least
10.384 acres, for mini-warehouses; and the petitioner has requested that the
original zoning conditions be changed to allow development of mini-warehouses
consisting of 70,000 square feet and five linear buildings on the property. She stated
that City staff recommended denial of the request to the Planning Commission
because the topography of the area is steep and is naturally wooded; the previous
rezoning had proposed townhouses in that particular area; and staffwas concerned
about how the mini-warehouses were being cut into the hillside, and the effect they
would have on the surrounding residential area. She further stated that the Planning
Commission held a public hearing in September 2000 on the proposed rezoning, and
the petitioner appeared in support of the petition; and referred to a communication
from Don and Melissa Ferguson on VanWinkle Road in opposition to the request.
Mr. Bestpitch requested that the record reflect that the individuals on
VanWinkle Road are Fitzgeralds and not Fergusons.
337
The Mayor expressed concern that no representative of Madison Health Care
Center was present to address questions, and inquired if proper notice was given;
whereupon, the City Clerk advised that Mr. Jones was notified of the public hearing
by letter dated October 19, 2000; and that Council would hold a continuation of the
public hearing at its November 20 meeting.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request for rezoning; whereupon, Mr. Don Fitzgerald, 4602
VanWinkle Road, S. W., expressed opposition to the proposed rezoning and
presented a petition signed by residents of the neighborhood also in opposition.
No other persons wishing to be heard, and there being no
discussion/questions by Council, the ordinance was lost by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch and Vice-
Mayor Carder- .................................................................................................. 6.
NAYS: Mayor Smith ............................................................................... 1.
REZONING-COMMUNITY PLANNING: Pursuant to Resolution No. 25523
adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised
a public hearing for Monday, November 20, 2000, at 7:00 p.m., or as soon thereafter
as the matter may be heard, on the request of Adam J. Cohen to amend Section
36.1-25, Definitions, to include a definition for a single-family attached dwelling;
Section 36.1-127, Special Exception Uses in the RM-2, Residential Multi-family,
Medium Density District, and Section 36.1-186, Special Exception Uses in the C-1,
Office District, Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as
amended, to permit single-family attached dwellings by special exception, the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 3, 2000, and Friday, November 10, 2000.
A report of the City Planning Commission advising that the petitior, is a
revision of a previous request from Mr. Cohen to amend the City's zoning code to
create a new definition for two.unit townhouse dwellings; the City Planning
Commission considered the original petition on May 17, 2000, and a motion
recommending the petition failed by a one - three vote; and rather than proceed to
Council with an unfavorable recommendation, Mr. Cohen chose to amend his
petition, and the revised petition requests an amendment to the City's zoning code
to create a new definition for single-family attached dwellings, with such dwellings
permitted by special exception in the RM-2, Residential Multifamily, Medium Density
District, and the C-1 Office District, was before Council.
338
The City Planning Commission recommended that Council authorize no
change to the existing zoning code, and advised that existing code provisions
support housing recommendations as set forth in the City's Comprehensive Plan.
Adam J. Cohen, petitioner, advised that he was unable to attend the City
Planning Commission meeting when the final vote was taken with regard to the
amendment; the petition was amended at a previous meeting of the City Planning
Commission; whereupon, he requested that the Zoning Ordinance be amended to
include special exception uses, i.e., a townhouse or a duplex.
The Mayor inquired if there were persons present who would like to address
Council with regard to the request; whereupon, no person requested to be heard.
Ms. Wyatt moved that the matter be referred to the appropriate subcommittee
of the 2001 Comprehensive Plan Advisory Committee for review as a part o.f the
City's overall Comprehensive Plan. The motion seconded by Mr. Carder and
unanimously adopted.
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Monday, November 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the request of Edgewood Christian Church that an undeveloped
alleyway lying between parcels of land identified as Official Tax Nos. 6090404 and
6090705, and extending north of Willis Street for an approximate distance of 70 feet
and a width of approximately ten feet, be permanently vacated, discontinued and
closed, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 3, 2000, and Friday, November 10, 2000.
A report of the City Planning Commission advising that the petitioner wishes
to vacate and close the proposed alley to allow for possible expansion of its existing
church building on Official Tax No. 6090404; and the applicant owns all of the lots
abutting the above-described alley, Official Tax Nos. 6090404, 6090705, and 6090704,
was before Council.
339
The City Planning Commission recommended that Council approve the
request.
Mr. Harris moved that the following ordinance be placed upon its first reading:
(#35150) AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 63, Page 28.)
The motion was seconded by Mr. Carder.
The Mayor inquired if there were persons present who would like to address
Council with regard to the matter. There being none, Ordinance No. 35150 was
adopted, on its first reading, by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith .............................................................................................. -7.
NAYS: None ..................................................................................... 0.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday,
November 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard,
on the request of C. E. and H. M. Corporation that a certain tract of land located on
the south side of Elm Avenue, S. E., at its intersection with 1-581, identified as
Official Tax No. 4020317, be rezoned from LM, Light Manufacturing District, to C-2,
General Commercial District, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 3, 2000, and Friday, November 10, 2000.
A report of the City Planning Commission advising that the purpose of the
request for rezoning is to provide zoning conformity for the existing two commercial
buildings located on the property at Elm Avenue near its intersection with 1-581,
Webber Expressway, was before Council.
340
The City Planning Commission recommended that Council approve the
request for rezoning, and advised that the subject property is located among other
general commercial uses, contains existing commercial buildings and uses, and is
not considered a prime industrial site.
Mr. Harris moved that the following ordinance be placed upon its first reading:
(#35151) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 402, Sectional '1976 Zone Map, City of Roanoke,
to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 63, Page 31.)
The motion was seconded by Mr. Carder.
The Mayor inquired if there were persons in attendance who would like to
speak to the matter. There being none, and no discussion/questions by Council,
Ordinance No. 35'151 was adopted, on its first reading, by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ................................................................................. 7.
NAYS: None ............................................................ -0.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council on
Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday,
November 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard,
on the request of Boone, Boone and Loeb, Inc., to amend proffered conditions to
rezoning relating to a 23.571-acre portion of Official Tax No. 1290107, and to
substitute new proffered conditions upon that certain tract of land containing 23.571 -
acres, more or less, of those six tracts of land containing 60.53 acres, located
between 1-581 and Franklin Road, S. W., and being a portion of property identified
as Official Tax No. 1290107, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, November 3, 2000, and Friday, November 10, 2000.
A report of the City Planning Commission recommending that Council approve
the request to amend proffered conditions as set forth in the Second Amended
Petition for the 23.571 acre portion of Official Tax No. 1290`107, was before the body.
Mr. Harris moved that the following ordinance be placed upon its first reading:
341
(#35152) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of
Roanoke (1979), as amended, and Sheet No. 129, Sectional 1976 Zone Map, City of
Roanoke, in order to amend certain conditions presently binding upon certain
property previously conditionally zoned C-1, Office District.
(For full text of Ordinance, see Ordinance Book No. 63, Page 32.)
The motion was seconded by Mr. Carder.
The Mayor inquired if there were persons in attendance who would like to
speak to the matter. There being none, and no discussion/questions by Council;
Ordinance No. 35152 was adopted, on its first reading, by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith .............................................................................................. -7.
NAYS: None ................................................................................ -0.
AIRPORT-TAXES: Pursuant to Resolution No. 25523 adopted by the Council
on Monday, April 6, 1981, the City Clerk having advertised a public hearing for
Monday, November 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may
be heard, to consider reducing the personal property tax rate on aircraft from $3.45
to $1.06 per $100.00 of assessed value, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Thursday, November 9, 2000.
A joint report of the City Manager and the Director of Finance advising that the
Roanoke Regional Airport Commission and administration has expressed concern
that they are losing potential business due to the City of Roanoke's personal
property tax rate on airplanes being higher than comparable localities; currently the
City of Roanoke taxes airplanes at $3.45 per $100.00 of assessed value; and the tax
rate is applied to 60 per cent of the assessed value the first year, reduced by ten
per cent per year until it reaches 20 per cent, where it remains on an annual basis,
was before the body.
It was further advised that having airplanes based at the Roanoke Regional
Airport creates opportunities for income generating business such as hangar rental,
fuel sales and maintenance of airplanes; there are also other positive economic
impacts to having airplanes, particularly business jets, based at Roanoke's airport;
it would serve as an incentive for Roanoke citizens and businesses to base their
airplanes at the Roanoke Regional Airport if Roanoke's tax rate were comparable to
342
that of competing localities in Virginia and North Carolina; consequently, tax
revenue forgone due to a tax rate decrease would be mitigated and potentially
increased over time by the increased number of private and business owned
airplanes based at the Airport; and according to administration at the Roanoke
Regional Airport, operators of the major commercial airports in Virginia believe they
will be successful with legislation to modify the state sales tax on airplanes, an
issue they believe has a direct correlation with economic development throughout
the state.
The City Manager and the Director of Finance recommended that the City's tax
rate be reduced from the current rate of $3.45 per $100.00 of assessed value to $1.06
per $100.00 of assessed value; total tax levy on airplanes for fiscal year 2000 was
$157,928.00, and using this revenue base as an example, the reduced tax rate would
have generated $109,405.00 less revenue; a single $10 million business jet would
generate $63,600.00 in additional revenue during the first year of taxation if based
at the Roanoke Regional Airport; and a reduction in the tax rate will demonstrate the
City's willingness to take measures to help assure that Roanoke's airport is
competitive with other airports throughout Virginia and neighboring airports in North
Carolina.
Mr. Hudson moved that the following ordinance be placed upon its first
reading:
(#35153) AN ORDINANCE amending and reordaining §32-104, Levied; rate, of
Article III, Tax on Tan;lible Personal Property Generally, of Chapter 32, Taxation, of
the Code of the City of Roanoke, (1979), as amended, by adding a new subsection
(c) to provide for a reduction in the tax rate of the personal property tax as it applies
to aircraft, pursuant to the provisions of the foregoing article, upon certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 63, Page 34.)
.The motion was seconded by Mr. White.
The Mayor inquired if there were persons present who would like to address
Council with regard to the matter; whereupon, the following persons spoke:
Karen Roberts, Manager, Piedmont Hawthorne Aviation at Roanoke Regional
Airport, advised that due to the punitive tax rates on aircraft, the Roanoke airport has
lost a significant amount of business over the past several years; and several
aircrafts have relocated to the Greensboro airport and other locations in North
Carolina. She further advised that there are benefits to a business such as Piedmont
343
in increased fuel and aircraft sales which would be derived from a lower tax rate;
however, there are benefits to the City as well relating to increased employment of
additional refuelers, technicians, and increased commissions from fuel purchases
which the Commission receives. She urged Council to approve the reduction in tax
rates recommended by the City Manager and Director of Finance.
Mr. Bittle Porterfield 2831 Wilton Road, S. W., spoke in support of the tax
reduction and concurred in the remarks of Ms. Roberts with regard to the economic
development aspects that might be realized from the tax reduction.
Mr. J. Granger Macfarlane, 2402 Woodcliff Road, S. E., advised that the
Roanoke Regional Airport is undergoing and will complete within approximately four
years a $52 million construction and refurbishing program, ranging from runways
to a new tower; and, in addition, the airport occupies about 900 or more acres of
land in the City. He further advised that the airport not only can be a great generator
of economic development, but with respect to related aircraft, it places the airport
in a much better position to compete with other cities.
Mr. James Callus advised that the Roanoke City Public Schools provides
aviation instruction, but unfortunately, the tax rate on aircraft in Roanoke
discourages individuals from participating in general aviation, both in owning and
renting aircraft from various fixed based operators, as well as participating in the
aviation environment. He encouraged Council to lower the tax rate on aircraft.
No other person wishing to address Council, and there being no
discussion/questions by Council, Ordinance No. 35153, was adopted, on its first
reading, by the following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder
and Mayor Smith ............................................................................................... 7.
NAYS: None ......................................................................................... -0.
CITY CODE-CITY CHARTER-COUNCIL-LEGISLATION-SCHOOLS.
PROCUREMENT CODE: The City Clerk having advertised a public hearing for
Monday, November 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on a request of the City of Roanoke that the General Assembly of Virginia
make amendments to various sections of the Roanoke Charter of 1952, as amended,
in order to remove certain archaic language and outdated, outmoded and
unnecessary provisions therein, to conform certain provisions in the Charter to
current State enabling laws, to streamline the City's legislative process, to require
that certain Council-Appointed officers reside within the City, to provide for the
344
appointment of a Deputy and Assistant City Managers, to increase the threshold for
bidding and contracts for public improvements from $30,000.00 to $50,000.00, to
increase the threshold for change orders that must be approved by City Council from
$25,000.00 to $50,000.00 or 25 per cent of the contract, whichever is greater, and, in
general, to make more efficient the operation of City government, the matter was
before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Thursday, November 9, 2000.
A report of the Legislative Committee advising that the Committee reviewed
the proposed amendments to the City Charter and concurred in the scheduling of
a public hearing, in order to obtain the views of citizens on the proposed
amendments, was before Council.
The Legislative Committee recommended that Council adopt a resolution
requesting the proposed amendments to the City Charter; and advised that if
Council concurs in and adopts a proposed resolution, State Code requires that the
City forward the resolution and certain other documents to the City's legislative
delegation, with the request that a bill be introduced in the 2001 Session of the
General Assembly to amend the Charter as proposed.
Mr. Harris offered the following resolution:
(#35154-112000) A RESOLUTION requesting the 2001 Session of the General
Assembly to amend various sections of the existing Roanoke Charter of 1952 in
order to modernize it, remove certain provisions and language therefrom and to
provide in general for more efficient and effective legislative processes and
municipal operations in the City.
(For full text of Resolution, see Resolution Book No. 64, Page 28. )
Mr. Harris moved the adoption of Resolution No. 35154-112000. The motion
was seconded by Mr. Carder.
The Mayor inquired if there were persons in attendance who would like to
address the matter; whereupon, Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W.,
advised that sufficient notice was not provided to citizens in view of the implications
of the proposed changes. He referred specifically to page 3 with regard to changes
that impact the use of eminent domain, pages 6 and 7 with regard to water
inspectors/water inspections, pages 8 and 9 regarding selling impounded vehicles
which are removed from private property, page 14 regarding the removal of paupers
345
or dependent persons and revisions relating to the Health Department, page 17 in
regard to Council's powers/compensation, page 26 relating to powers and duties of
the Mayor in emergency situations, page 43 with regard to the Fire Department's
authority to raze hazardous buildings, and pages 55 and 56 in regard to issuance of
bonds. He stated that the above items are substantive issues and expre=sed
concern that citizens have not had an opportunity to adequately respond to certain
significant revisions. He advised that any time Charter changes are proposed,
because of the nature of the document, it is a very substantive matter and every
effort should be made to ensure that citizens are given every opportunity to
participate in the process.
The City Attorney called attention to certain language and provisions of the
City Charter that are outdated and outmoded; therefore, he sought comments from
City Council, City staff, Constitutional Officers, and Council Appointed Officers, and
asked that they review their respective portions of the City Charter pertaining to their
individual areas of expertise, and as a result, he received numerous comments and
suggestions for language changes which have been incorporated in the document
currently before the Council. He explained that the City Charter has not been
revised, comprehensively, since 1952; and certain substantive changes were
proposed, however, he suggested that they be held in abeyance until 2001. He
further explained that the majority of the proposed deletions are provisions that are
either outmoded, have been superceded by current laws, the Supreme Court has
declared them to be unconstitutional, or enabling legislation is now much better
than current City Charter provisions. He stated that the public hearing was properly
advertised, pursuant to provisions of the Code of Virginia, 1950, as amended.
No other persons wishing to address Council, and there being no
discussion/q uestions by Council, Resolution No. 35154-112000 was adopted by the
following vote:
AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder and
Mayor Smith .................................................................................................. 7.
NAYS: None .................................................................................... -0.
OTHER HEARINGS OF CITIZENS:
ARMORY/STADiUM-SCHOOLS: Mr. George C. Miller, 3349 Kershaw Road,
N. W., addressed Council with regard to the renovation of Victory Stadium, and
recommended that school personnel be included in plans for renovations and/or
construction of a new stadium.
346
COMPLAINTS-COUNCIL-CITY GOVERNMENT: Mr. Martin D. Jeffrey, 517
Rutherford Avenue, N. W., addressed Council in regard to accountability by Council
to the voters and participation by citizens in the local government process. He
stated that citizens have a right to participate, to be heard, and to be respected in the
governmental process; however, the process is currently flawed because City
officials continue to review ways to make government more convenient for City
Council and City administrators, to the detriment of taxpayers.
COMPLAINTS-TAXES-CITY PROPERTY-CITY EMPLOYEES: Mr. Robert
Gravely, 1412 Moorman Road, N. W., expressed concern with regard to the limited
amount of time allotted to speakers at City Council meetings. He also expressed
concern with regard to large businesses acquiring land in the City, an increase in
tax assessments on real property, loss of employees in all City departments~ the
high tax bracket and accompanying Iow pay scale for City employees.
There being no further business, the Mayor declared the meeting adjourned
at 8:25 p.m.
APPROVED
Mary F. Parker
City Clerk
Mayor
347
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 4, 2000
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
December 4, 2000, at 12:15 p.m., the regular meeting hour, in the Emergency
Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith
presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section
2-15, Rules of Procedure, Rule 1, Reqular Meetings, Code of the City of Roanoke
(1979), as amended.
CITY COUNCIL MEMBERS PRESENT: C. Nelson Harris, W. Alvin Hudson, Jr.,
William White, Sr., William D. Bestpitch, William H. Carder and Mayor Ralph K.
Smith .............................................................................................................. 6.
CITY COUNCIL MEMBERS ABSENT: Linda F. Wyatt ..................................... 1.
ROANOKE CITY SCHOOL BOARD MEMBERS PRESENT: Charles W. Day,
Marsha W. Ellison, Sherman P. Lea, Ruth C. Willson and Chairperson Melinda J.
Payne ............................................................................................................. -5.
ROANOKE CITY SCHOOL BOARD MEMBERS ABSENT: Gloria P. Manns and
Brian J. Wishneff- ............................................................................................. -2.
LEGISLATORS PRESENT: Senator John S. Edwards, Delegate A. Victor
Thomas and Delegate Clifton A. Woodrum, II1.
OTHERS PRESENT: Representing the City of Roanoke: Darlene L. Burcham,
City Manager; James D. Ritchie, Deputy City Manager; William M. Hackworth, City
Attorney; Jesse A. Hall, Deputy Director of Finance; Mary F. Parker, City Clerk;
Willard N. Claytor, Director, Real Estate Valuation; Robert H. Bird, Municipal Auditor;
George C. Snead, Jr., Assistant City Manager for Community Development; Chris L.
Slone, Public Information Officer; Representing the Roanoke City Public Schools:
Dr. E. Wayne Harris, Superintendent; Richard E. Kelley, Assistant Superintendent for
Operations; and Cindy R. Lee, Clerk of the Board.
OTHERS PRESENT: Clara Crouch, Legislative Aid to Delegate Woodrum;
Brian Shepherd, Legislative Aid to Delegate Thomas; and Thomas A. Dick, Roanoke
City Legislative Liaison.
348 -
Sherman P. Lea, Vice-Chair, Roanoke City School Board, presented highlights
of the Schools 2000-02 Legislative Program:
Legislative Outcomes
State Lottery Funds
State Incentive Funds
Preschool classes
SOL Remediation and In-Service
Teacher Salary Improvement
Maintenance of Local Control
Roanoke City Outcomes
Increased Teacher Salaries
Enhanced Principal Recruitment
Small Class Size
Increased Teaching Positions
Additional Preschool Classes
Renovation and Improvements to Middle and Elementary Schools
State Funding Incentives
$10.8 million for incentive programs received during the past four years.
Construction funds used for debt service payment, which have
increased by $2.25 million in the past five years.
Leqislative Priorities
Improve State Funding
Provide Recruitment Incentives
Maintain Local Governance
Support Non-Punitive Consequences
Address Student Safety and Discipline
Enhance Capital Outlay
Funding Priorities
Teacher Salaries - $6.35 million
School Staffing Ratios - $1.5 million
Preschool Programs - $275,000.00
Truancy Programs - $350,000.00
Alternative Education - $1.1 million
School Resource Officers - $255,000.00
School Security Equipment - $10.00 per pupil
Recruitment Incentives - scholarships, internships, financial
incentives
Standard Of Quality Fundinq Shortfalls
Roanoke's actual average teacher salary is $5,800.00 more than the
State Standard of Quality average;
Class size ratios State standard 25 to one versus Roanoke City's 18
to one; and
Support costs based on prevailing statewide costs not actual local
costs, i.e.: school nurses 12.5 full-time employees in Roanoke City,
but the State only pays for 3.5 full-time employees;
Le.qislative Outcomes
Standard of Quality recognizes actual cost to locality for average
teacher salary;
Standard of Quality support costs based on more realistic costs of
urban school districts;
State share improved for preschool, alternative education, truancy,
school safety personnel and equipment;
State developed and funded recruitment incentives;
State support of technology operating and replacement cost; and
State established trust fund for capital outlay needs.
349
350 -
Thomas A. Dick, Legislative Liaison for the City of Roanoke, reviewed past
achievement efforts of the City's representatives to the General Assembly during the
year 2000 Session:
The Meals Tax Legislation kept the City from losing approximately
$800,000.00 annually by avoiding certain elements of a definitional
change from a preceding year;
Legislation affecting emergency communication services was intended
to bring the 911 service calls to some of the rural areas;
The 599 funding was restored in 1999 and has continued at an
appropriate level that generates approximately $4 million each year for
the City;
The Roanoke Higher Education Center needed an additional $1 million
which was included in the Governor's proposed budget last year; and
The TransDominion Express, rail service from Bristol to Richmond and
to Washington, D. C. through Roanoke, received over $9 million in new
capital funding.
Funding was restored for numerous cultural organizations, at approximately
$3 million in fiscal year 2001.
Mr. Dick highlighted the following major elements of the City's 2001
Legislative Program:
Leqislative Priorities of the City
City Charter Revisions in order to update the Charter and to modernize
powers of the City; the City Charter has not been comprehensively
updated since 1952;
Education Funding - Roanoke City is spending $25 million more than
is "required" to meet the State Standards of Quality (SOQ's); the State
should fully fund the cost of education as needed to meet the SOQs
and to provide a permanent funding source for school capital
construction;
351
Redevelopment Initiatives - Roanoke City opposes efforts, such as
House Bill 1145, continued from the 2000 Session, to limit
redevelopment initiatives of housing authorities by placing certain time
restrictions on properties to be acquired within redevelopment areas;
the City also opposes further restrictions on the eminent domain
powers of State and local governments;
Aircraft Taxation and Incentives - Roanoke City supports tax incentives
that would provide encouragement for aircraft to be located at Virginia
airports; the State Code should be amended to reduce the States tax on
the sale of aircraft in the Commonwealth; any resulting reduction in
revenues should be replaced with State general fund dollars;
Blight Remedy - Weed and Grass Removal Notice - Roanoke City
requests an amendment to the State Code to require only one notice
during the growing season prior to entering a property to cut weeds
and grass and placing a lien on the property;
Support for Virginia First Cities Coalition - as a member of the Virginia
First Cities, a group of 13 of the State's older cities, Roanoke City
supports the broad legislative objectives of the Coalition, including:
Return of a percentage of the State income tax to local
governments using a formula based upon wage location,
residence and a uniform base amount, with wage location
as the primary factor;
Return funding responsibility to the State for the following
services: jails, sheriff, health, social services, courts,
CSA, mass transit and Constitutional Officers;
Correct disparities in the composite index to more
accurately reflect local ability to fund education; and
Increase State support for the physical revitalization of
older cities through better allocation of resources and
development of an urban policy.
352 -
First Cities Legislative Initiatives - Roanoke City supports legislation to:
Update the Enterprise Zone authorization beyond the
current sunset date, give priority for new zone creation to
urban areas with revitalization needs and raise the cap on
tax credits for rehabilitation from $125,000.00 to
$250,000.00;
Provide funding ($10 million each) for housing
revitalization zones and for the Urban Public-Private
Redevelopment Fund;
Create a JLARC study for the local fiscal impact of
financing the State court system;
Support increased urban transportation funding that
would correct inequities in the urban street maintenance
formula and amend the mass transit funding formula to
reflect the same percentage of State funding as highways.
Mr. Dick expressed appreciation to Senator Edwards and to Delegates Thomas
and Woodrum and to their respective staffs for their assistance.
Senator Edwards advised that there is fiscal distress on localities, not just
cities but counties as well throughout the Commonwealth of Virginia; and urged the
City to continue to work with the Virginia First Cities Coalition to deal with the
matter. He noted that the General Assembly is moving forward with rail passenger
transportation; a truck to train study is ongoing and will require Federal, State and
private investment to upgrade the railroad track from Bristol to Winchester. With
regard to education, he stated that the General Assembly should work on salaries
for teachers, increase its support for the SOQ formulas and support teacher salaries
which would help relieve some of the stress on localities. He further stated that one
way to relieve the stress is for the State to take more responsibility regarding
education, because education is one of the largest portions of the budget for any
locality.
353
Senator Edwards commended the City on its continuing efforts to push for a
trust fund for a permanent revenue stream for localities to bond against in order to
build schools, which is something that legislators have been working on for the last
several years. He noted that the lottery amendment was passed last fall by the
citizens to dedicate all lottery funds to public education, and the next step is to have
all lottery funds dedicated to a trust fund to go back to localities under the formula,
so that localities will have a permanent revenue stream to borrow against.
Delegate Thomas advised that there are several issues that need to be
addressed by the General Assembly, and expressed concern with regard to the car
tax which is 47 per cent of the State's budget for the second year. He complimented
the City on the proposed legislative program and stated that the items would be
addressed if the funds are there; and some issues will need to be addressed even
if funding is not available, such as education. He stated that interest should be
focused on higher education, since emphasis has been placed on education for
K -12 for the past ten years. He expressed appreciation to Mr. Dick for keeping
legislators informed on issues that affect the City of Roanoke, and encouraged him
to continue to notiflj legislators on those issues that could be detrimental to the City
of Roanoke and its citizens.
Delegate Woodrum advised that he has received the City's Charter revisions,
pre-filed a bill with regard to weed and grass removal, and he will ask Delegate
Thomas or Senator Edwards to co-sponsor the bill. He further advised that
legislators are aware of the needs of the school system and the General Assembly
over the past five sessions has made an effort to send money back to the City of
Roanoke. He called attention to the pupil/teacher ratio, particularly Kindergarten
through third grade, and congratulated the City and its school system on an
admirable, unbelievable job. He encouraged the City and the school system to
contact him whenever he might be of assistance.
At 1:35 p.m., the Mayor declared the meeting in recess, to be reconvened at
2:00 p.m., in the Governor's School Lecture Hall, Patrick Henry High School Campus,
2102 Grandin Road, S. W., City of Roanoke, Virginia.
At 2:00 p.m., the Council Meeting reconvened in the Governor's School
Conference Room at Patrick Henry High School with the following Council Members
in attendance, Mayor Smith presiding.
354
PRESENT: Council Members W. Alvin Hudson, Jr., William White, Sr.,
(Linda F. Wyatt arrived at 2:10 p.m., during the Closed Session), William D.
Bestpitch, William H. Carder, C. Nelson Harris and Mayor Ralph K. Smith ............... 7.
ABSENT: None .......................................................................... -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Deputy City Manager, William M. Hackworth, City Attorney, Jesse A. Hall, Deputy
Director of Finance; and Mary F. Parker, City Clerk.
CITY ATTORNEY-COUNCIL: A report of the City Attorney requesting that
Council convene in a Closed Meeting to consult with legal counsel on a matter of
probable litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as
amended, was before the body.
Mr. Harris moved that Council concur in the request of the City Attorney to
convene in a Closed Meeting to consult with legal counsel on a matter of probable
litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Hudson, White, Bestpitch, Carder, Harris and Mayor
Smith ......................................................................................................... -6.
(Council Member Wyatt had not arrived when the vote was recorded.)
NAYS: None ........................................................................................ -0.
ECONOMIC DEVELOPMENT-COUNCIL: A report of the City Manager
requesting that Council convene in a Closed Meeting to discuss a matter with regard
to a prospective business where no previous announcement of interest of the
business in locating its facility in the City has been made, pursuant to Section 2.1-
344 (A)(5), Code of Virginia (1950), as amended, was before the body.
Mr. Harris moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss a matter with regard to a prospective
business where no previous announcement of interest of the business in locating
its facility in the City has been made, pursuant to Section 2.1-344 (A)(5), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bestpitch and
adopted by the following vote:
355
AYES: Council Members Hudson, White, Bestpitch, Carder, Harris and Mayor
Smith ........................................................................................................... 6.
(Council Member Wyatt had not arrived when the vote was recorded.)
NAYS: None ........................................................................................ 0.
At 2:05 p.m., the Mayor declared the meeting in recess for two closed
sessions.
At 2:50 p.m., the meeting reconvened in the Governor's School Lecture Hall,
with Mayor Smith presiding, and all Members of the Council in attendance, with the
exception of Council Member Wyatt.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open me3ting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith .............................................................................................. 7.
NAYS: None ........................................................................................ -0.
At 2:50 p.m., the Mayor declared the meeting in recess to be reconvened at
3:00 p.m., in the Governor's School Lecture Hall.
At 3:00 p.m., on Monday, December 4, 2000, the regular meeting of City
Council reconvened in the Governor's School Lecture Hall, Patrick Henry High
School Campus, 2102 Grandin Road, S. W., City of Roanoke, Virginia, with the
following Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., William White, Sr., Linda F.
Wyatt, William D. Bestpitch, William H. Carder, C. Nelson Harris and Mayor Ralph K.
Smith ......................................................................................................... 7.
ABSENT: None .................................................................................... 0.
356 -
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Deputy City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Deputy
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend Allie
McNider, Minister to Students, First Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS:
PROCLAMATIONS: The Mayor presented a Proclamation declaring Monday,
December 4, 2000, as Kristel Michelle Jenkins Day.
CONSENT AGENDA
The Mayor advised that ail matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. He called specific attention to one request for a Closed Meeting to
discuss vacancies on various authorities, boards, commissions and committees
appointed by Council.
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss vacancies on
various authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before
the body.
Mr. Harris moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss vacancies on various authorities, boards,
commissions and committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder
and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith ......................................................................................... -7.
NAYS: None .......................................................................... -0.
357
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-CABLE TELEVISION-
WATER RESOURCES-STREET AND ALLEYS: A report of the Water Resources
Committee recommending that a public hearing be advertised and, lacking any
comments to the contrary, execution of a document to grant an easement across
City-owned property located at 5th Street and Luck Avenue, S. W., to Cox
Communications, Inc., to install, operate and maintain a concrete pad and
electronics cabinet, was before Council.
Mr. Harris moved that Council concur in the request to advertise a public
hearing. The motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith ............................................................................................. -7.
NAYS:None ....................................................................................... ~.
SEWERS AND STORM DRAINS-CITY PROPERTY-UTILITIES-SCHOOLS.WATER
RESOURCES: A report of the Water Resources Committee recommending that a
public hearing by advertised and, lacking any comments to the contrary, execution
of a document to grant a 15-foot easement across City-owned property to Verizon
for installation of underground facilities to upgrade telephone service to Lincoln
Terrace Elementary School, was before Council.
Mr. Harris moved that Council concur in the request to schedule a public
hearing. The motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................ 0.
LICENSES.WATER RESOURCES-STREETS AND ALLEYS: A report of the
Water Resources Committee recommending that a public hearing be advertised and,
lacking any comments to the contrary, execution of a document to grant a revocable
license to property owners at 1313 Peters Creek Road, N. W., to allow construction
of a parking area encroaching approximately 25 feet into the right-of-way of Peters
Creek Road, N. W., was before Council.
Mr. Harris moved that Council concur in the request to schedule a public
hearing. The motion was seconded by Mr. Carder and adopted by the following vote:
358 -
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and MayorSmith ................................................................................... 7.
NAYS:None ......................................................................... -0.
LEASES-WATER RESOURCES: A report of the Water Resources Committee
recommending that a public hearing by advertised and, lacking any comments to the
contrary, execution of a document to lease property located in the Back Creek area
in Roanoke County, identified as Official Tax No. 089.00-03-36.00-0000 for
agricultural purposes to Ms. Sandra Rouse, for a term of five years, was before
Council.
Mr. Harris moved that Council concur in the request to schedule a public
hearing. The motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith ................................................................................ 7.
NAYS:None .......................................................................... -0.
OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: A
communication from Mark C. McConnel, Chair, Roanoke Arts Commission, advising
of the resignation of Sherlie Doherty as a member of the Roanoke Arts Commission,
was before Council.
Mr. Harris moved that the communication be received and filed, and that the
resignation be accepted. The motion was seconded by Mr. Carder and adopted by
the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith ....................................................................................... 7.
NAYS: None ......................................................................... -0.
POLICE DEPARTMENT-TRAFFIC-YOUTH-ROANOKE ARTS COMMISSION-
FIFTH PLANNING DISTRICT COMMISSION: The following reports of qualification
were before Council:
Charles R. Brown and William F. Clark for terms ending June 30, 2001;
Christine Proffitt and Robert R. Young for terms ending June 30, 2002;
and
359
Ronald L. Wade and Mrs. Clovis Rogers for terms ending June 30, 2003,
as members of the Towing Advisory Board;
F. B. Webster Day as a member of the Youth Services Citizen Board for
a term ending May 31, 2003;
Charles E. Jordan and Kathleen W. Lunsford as members of the
Roanoke Arts Commission for terms ending June 30, 2003; and
William D. Bestpitch as a member of the Roanoke Valley Area
Metropolitan Planning Organization to fill the unexpired term of
Evelyn S. Lander, resigned, ending September 24, 2002.
Mr. Harris moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................ -0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
YOUTH-TRUST: Colleen Carroll, representing the Roanoke Valley Trouble
Center (TRUST), presented remarks in connection with services provided by
(TRUST) which has been in existence for approximately 30 years. She advised that
the TRUST shelter recently provided emergency service for the homeless and has
opened a second shelter; TRUST is collaborating with the City's Homeless
Assistance Team which is housed in its facility; and TRUST also works with
individuals from detox units to reestablish themselves in their efforts to become
successful citizens.
Ms. Carroll expressed appreciation to the volunteers and persons in the
community for their support and assistance.
Without objection by Council, the Mayor advised that the remarks of Ms.
Carroll would be received and filed.
360
ANNUAL REPORTS.DOWNTOWN ROANOKE, INCORPORATED: Maryellen F.
Goodlatte, Chair, Downtown Roanoke, Inc. (DRI), advised that for over 40 years,
Downtown Roanoke Inc., has seen many changes, both in downtown Roanoke and
in its own focus; DRI was originally created as a downtown merchants association;
it became a partner with the City, downtown businesses and business leaders in the
late 1970's; and with the citizen-based planning of Design '79 and an investment by
the City, a new vision for downtown Roanoke began to emerge.
Ms. Goodlatte further advised that DRI is pleased with its role in the
development of the Higher Education Center, the GOB South Apartments, and the
Passenger Station Regional Visitor's Center; and in addition to long range planning,
safety and cleanliness in the downtown area has been an important component of
DRI's agenda during the past year.
In summary, Ms. Goodlatte advised of the commitment of DRI to downtown
Roanoke, and expressed appreciation to the Council and to the City Administration
for its continued support.
Without objection by Council, the Mayor advised that the remarks of Ms.
Goodlatte would be received and filed.
PETITIONS AND COMMUNICATIONS:
PARKS AND RECREATION-ARMORY/STADIUM-SCHOOLS: Council Member
Harris advised that the Council and the community has studied and discussed
Victory Stadium for many years, and Council needs to move toward a resolution
regarding the future of Victory Stadium; whereupon, he read the following joint
communication:
"Dear Mayor and Members of Council:
Given that City Council at its planning retreat in July placed making a
decision about Victory Stadium as a short-term top priority, we wish to
include this letter under 'Petitions and Communications' section of the
City Council agenda for Monday, December 4. We recommend that
Council take the following actions:
Request that the City administration bring forward a
recommendation regarding Victory Stadium based upon
Council discussions and various studies and design
options presented by numerous studies conducted over
recent years. If this cannot occur at the meeting on
December 4, we request that a recommendation be
submitted to Council in no more than 30 days.
361
As a part of any recommendation or subsequent action,
we respectfully request that a process for public input and
participation be developed whereby the design of a
stadium/civic facility might be refined in detail to meet the
athletic and civic needs of the community. Specifically,
we recommend that Roanoke's high school athletic
community be considered a primary stakeholder in such
a process.
Recommend setting aside an additional $300,000.00 in
next fiscal year's budget to expand the City's capacity to
adequately service anticipated financing of a stadium/civic
facility. In keeping with proper practice, we request that
this matter be referred to 2001-02 budget study.
Given that the City's high school football teams will play at
least an additional season at Victory Stadium, we request
that the City administration bring forward a report
regarding turf management and maintenance issues
related to the quality of the playing field. The desire is to
have a field that is well-prepared for athletic play.
If you have any questions or need clarification regarding the above
matters, please do not hesitate to call us. Otherwise, we ask for your
consideration of our communication.
Respectfully,
SIC. Nelson Harris
S/William "Bill" Carder
Vice-Mayor Carder reviewed the chronology of events in connection with
renovation of Victory Stadium:
In 1996, the City completed a feasibility study for the renovation of
Victory Stadium under various scenarios, the minimum basic scenario
was $6,500,000.00, which would merely bring the Stadium into ADA
compliance. The basic overall renovation cost is $14,625,000.00, not
including the track;
In June, 1099, another analysis was presented offering a lower playing
field with a raised berm for flood protection, but with no dollar amount.
362 -
The Parks and Recreation Master Plan, and a Council-Appointed
Committee recommended that the Stadium be raised and a new facility
be constructed.
In September, 1999, variations to the study returned the berm stadium
to the existing site.
In April, 2000, another analysis of the Stadium recommended that
Victory Stadium be demolished and a duel facility be built on property
located across Orange Avenue, N. W.
In August, 2000, a completed analysis was received, being a renovation
of Victory Stadium, at $17,793,000.00.
Mr. Carder advised that renovation cost for Victory Stadium would be
approximately $18 million; City Council also studied, over a period of one to two
months in a series of closed meetings, not onlythe above mentioned option but other
options, viz: tearing down half of Victory Stadium to build an amphitheater and
keeping a portion of Victory Stadium, which was roughly $16 million; and the other
option is to demolish the existing stadium and build a new facility in the amount of
$17 million. Mr. Carder stated that the cost to maintain the Stadium is about
$250,000.00 a year, and if the Stadium is renovated fora one dimensional use, a cost
would be attached to the facility.
Mr. Harris moved that the requests as set forth in the joint communication be
approved by Council. The motion was seconded by Mr. Carder.
Council Member White agreed with the four points outlined in the joint
communication, but advised that he did not think it would be appropriate for the City
Manager to make a recommendation today. He stated that his interpretation of
previous meetings was that the City Manager would report to Council with a
recommendation on the various options, i.e., a new stadium, or renovations to the
Stadium; and the City Manager should be given the opportunity to report back to
Council at public meeting.
Council Member Bestpitch advised that Council should hear citizen comments,
receive the recommendation of the City Manager, and thereafter proceed with plans
for Victory Stadium.
363
Mr. W. G. Ammen, 4938 Greenlee Road, S. W., urged Council to renovate
Victory Stadium instead of constructing a new Stadium with an amphitheater.
Mr. Stuart Barbour, 727 Riverland Road, S. E., spoke in support of renovating
Victory Stadium, and suggested that the purpose of its use should be prompted in
order to increase public awareness.
Ms. Estelle McCadden, 2138 Mercer Avenue, N. W., spoke in support of
renovating Victory Stadium, and urged Council to not consider building a smaller
stadium.
Mr. Anthony Exposito, 1110 Deaton Road, S. E., advised that Victory Stadium
has always been a part of his life; and the facility has been used for concerts that
were successful. He urged Council to consider renovating the Stadium due to its
many attributes.
Mr. Francher Turner, 3218 Avenham Avenue, S. W., spoke in support of
renovating Victory Stadium.
Mr. Jim Fields, 17 Ridgefleld Road, Hardy, Virginia, spoke in support of
renovating Victory Stadium, and presented a small donation toward repairs at the
Stadium; whereupon, the Mayor advised that the donation be forwarded to the City
Manager for appropriate handling.
Mr. Scoff Shackelford, 2929 Wycliffe Avenue, S. W., advised that the track is
one of the City's most underrated recreational facilities; however, there is a need for
an upgraded track for use by high school track teams. He stated that there is also a
need for the present track, or a similar track, that would be available to the public at
large.
Mr. Ron Cronise, 4001 Lake Drive, S. W., advised that as a representative of the
Patrick Henry Booster Club, he supports the recommendations outlined in the joint
communication from Vice-Mayor Carder and Council Member Harris, and urged
Council to consider the needs of the children and to provide a quality facility for
sporting events.
Mr. Zack Leonard, 1302 Brighton Road, S. W., spoke in support of renovating
Victory Stadium, and that the facility not be replaced with a smaller stadium.
Mr. David K. Lisk, 909 Carrington Avenue, S. W., advised that Victory Stadium
can be a success if the facility is properly utilized.
364
Mr. W. J. Blane, 1917 Langdon Road, S. W., advised that the cost of renovating
Victory Stadium is primarily cosmetic in nature, and urged that the stadium be
renovated.
Mr. Jeff Johnson, 1044 Jeanette Avenue, Vinton, Virginia, suggested that the
City consider the benefit of an all weather track, not only for athletes to train and
compete on, but to host track meets as well.
Mr. Raymond Kesler, 3540 Hartland Road, S. W., suggested that Council
Members offer their opinions, request another cost estimate by City staff, and include
citizens in the decision making process.
Mr. Burch Sweeney, 3605 Heritage Road, S. W., encouraged Council to support
the recommendations as set forth in the joint communication from Vice-Mayor Carder
and Council Member Harris.
Mr. George Miller, 3349 Kershaw Road, N. W., advised that student athletes
should have an opportunity to participate in sporting events at facilities that are
considerably in better condition than Victory Stadium. He encouraged the City to use
Victory Stadium for parking through the use of a shuttle bus system.
Mr. Rudy Dillard, 4132 Guernsey Lane, N. W., representing all middle school
and high school track athletes who currently practice on asphalt, advised that the
City needs an all weather track, whether it be a new facility or a renovated facility.
Mr. Stuart Rivercomb, 2408 Stanley Avenue, S. E., spoke in support of
renovating Victory Stadium, and encouraged public input prior to finalizing any
decision.
The Reverend Thomas Pleasant, 1526 Grayson Avenue, N. W., spoke in support
of renovating Victory Stadium. He advised that if renovated, Victory Stadium could
be one of the nicest facilities in this part of the United States.
Following discussion of the matter, the motion was adopted, and the City
Manager was requested to submit a recommendation regarding Victory Stadium at
the regular meeting of Council on Monday, December 18, 2000, at 3:00 p.m., with a
schedule for public participation/input.
365
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
PURCHASE/SALE OF PROPERTY-HOUSING AUTHORITY-GRANTS.HABITAT
FOR HUMANITY: The City Manager submitted a written report advising that
historically, the Blue Ridge Housing Development Corporation (BRHDC) has received
Community Development Block Grant (CDBG) and HOME Investment Partnerships
(HOME) funds from the City of Roanoke to develop affordable housing; the original
agreement for BRHDC "Loudon-Melrose Community Rebuilding" project was
executed on November 2, 1998, and provided $175,000.00 in CDBG and HOME funds;
and Amendment No. 1 to the agreement executed July 1, 1999, increased CDBG and
HOME funds by $66,500.00.
It was further advised that funding for additional housing units was authorized
by Council, pursuant to Resolution No. 34798-050900, which approved submission
of the City's 2000-05 Consolidated Plan to the U. S. Department of Housing and Urban
Development; and 2000-01 CDBG funds were accepted by Council, pursuant to
Ordinance No. 34880-061900 and Resolution No. 34881-061900, and 2000-01 HOME
funds were accepted by Council, pursuant to Ordinance No. 34882-061900 and
Resolution No. 34883-061900.
It was stated that in order for BRHDC to provide affordable housing
development activities approved in the Consolidated Plan, authorization by Council
is needed to execute an amendment to the "Loudon-Melrose Community Rebuilding"
agreement; and a total of $85,920.00 in CDBG and HOME funds will be added to the
agreement, of which $77,920.00 will be used for land acquisition and construction,
with the remaining $8,000.00 to be used for BRHDC operating costs.
The City Manager recommended that Council authorize execution of
Amendment No. 2 to the "Loudon Melrose Community Rebuilding" Agreement with
Blue Ridge Housing Development Corporation, to be approved as to form by the City
Attorney.
366 -,
Mr. Harris offered the following resolution:
(#35155-120400) A RESOLUTION authorizing execution of Amendment No. 2
to a Subgrant Agreement between the City and the Blue Ridge Housing Development
Corporation, dated November 2, 1998, for funding to conduct additional affordable
housing development projects in the City.
(For full text of Resolution, see Resolution Book No. 64, page 35.)
Mr. Harris moved the adoption of Resolution No. 35155-120400. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith ...................................................................................... 7.
NAYS: None ................................................................................... -0.
VIRGINIA MUNICIPAL LEAGUE-BUDGET-UTILITIES: The City Manager
submitted a written report advising that Roanoke has historically joined with other
cities, towns and counties that are served by American Electric Power (AEP) to
negotiate, as a block unit, through the Virginia Municipal League (VML) and Virginia
Association of Counties (VACO); local governments have benefitted over the past 25
years from working jointly in procuring electric service; since 1993, local
governments in the AEP service area collectively have saved $13.7 million over the
rates AEP otherwise proposed charging; working collectively promises to be
meaningful and advantageous as electric customers move toward "customer
choice"; government electric rates have been established through contract
negotiations since 1974; current contract rates for purchasing electricity for schools,
pumping (water and sewage) and general government were recently approved from
July 1, 2000, through June 30, 2002; and local governments should begin to prepare
for the next contract period by exploring all possible options for purchasing
electricity in a restructured electric industry which will have the potential for higher
electric rates.
It was further advised that the VML/VACO Electrical Rate Steering Committee
met on October 6, 2000, to discuss various activities that should be acted upon prior
to expiration of the AEP Agreement on June 30, 2002; while it is difficult to estimate
the amount of legal and consulting assistance that will be needed over the next few
years, the Steering Committee believes that it may cost as much as $500,000.00;
accordingly, because of the urgent need to begin on this important project, the
Steering Committee voted to seek assessments totaling $200,000.00 immediately
367
from each local government and authority in the AEP service area and further
increments of $200,000.00 on July 1, 2001, and $100,000.00 on July 1, 2002, with the
latter two amounts to be adjusted upward or downward in the future if warranted; and
VML has received an assessment for legal and consulting assistance, in the amount
of $35,442.00 reflecting the City's proportionate share of the initial $200,000.00.
The City Manager recommended that Council authorize payment of $35,442.00
to the VML EPR Fund as the City's pro rata share of expenses for legal and
consulting assistance, and transfer $35,442.00 from General Fund Contingency,
Account No. 001-300-9410-2199, to Purchasing Fees for Professional Services,
Account No. 001-440-1237-2010.
Mr. Hudson offered the following emergency budget ordinance:
(#35156-120400) AN ORDINANCE to amend and reordain certain sections of
the 2000-01 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, page 36.)
Mr. Hudson moved the adoption of Ordinance No. 35156-120400. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................ 0.
BUDGET.GRANTS-POLICE DEPARTMENT-TRAFFIC: The City Manager
submitted a written report advising that the Virginia Department of Motor Vehicles
(DMV) is the administering agency for pass through funds provided by the United
States Department of Transportation for highway safety projects in Virginia; DMV
offers said funds in the form of grants to successful applicants for activities which
improve highway safety in Virginia; on September 29, 2000, DMV awarded funds in
the amount of $15,000.00 to the Roanoke City Police Department to conduct selective
enforcement activities that target Driving Under the Influence, speeding, and motor
vehicle occupant safety; and in the past four years, the program has funded 1,823
extra/overtime hours of police patrol, accounting for 1,113 traffic charges and 79
arrests for DUI.
368
It was further advised that there is a statistically proven propo~ional
correlation between levels of motor vehicle law enforcement and traffic accidents in
the City of Roanoke; historically, speed and alcohol are factors in approximately 17
per cent of motor vehicle accidents in the City; and the program allows officers to
concentrate on alcohol impaired drivers and speeders when such violations are
most likely to occur -- times when the motoring public is most at risk.
The City Manager recommended that Council appropriate $15,000.00 to grant
fund accounts to be established by the Director of Finance in the following amounts:
Police Overtime
FICA
$13,934.00
$ 1,066.00
$15,000.00
Increase revenue estimates in an account to be established by the
Director of Finance.
Mr. White offered the following emergency budget ordinance:
(#35157-120400) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, page 37.)
Mr. White moved the adoption of Ordinance No. 35157-120400. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and MayorSmith .................................................................................... 7.
NAYS: None ...................................................................................... -0.
Mr. White offered the following resolution:
(#35158-120400) A RESOLUTION authorizing acceptance of a certain Highway
Safety Grant from the Virginia Department of Motor Vehicles, sponsored by the United
States Department of Transportation, and authorizing execution of any required
documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 64, page 38.) __
369
Mr. White moved the adoption of Resolution No. 35158-120400. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................ -0.
BUDGET-FIRE DEPARTMENT-HUMAN DEVELOPMENT: The City Manager
submitted a written report advising that the "Get Alarmed, Virginiai" grant which was
created in 1988 by the Virginia Department of Fire Programs and the Virginia
Department of Health, is a statewide program designed to assist in lowering fire
deaths in the Commonwealth of Virginia via identification of at-risk homes,
installation of smoke detectors, and delivery of public fire and life safety education;
administered at the State level, the program is implemented at the local level by local
fire departments; and each year, localities are identified by the State and selected for
program implementation based on a number of criteria, i.e.: the community's
economy, housing, number of elderly citizens and children under five years of age,
the community's overall fire history, and the jurisdiction's ability to deliver the
program.
It was further advised that the award consists of a one-year, part-time staff
position, supplies, and 2,500 smoke detectors which are valued at $22.00 each; the
grant has been awarded valued at $74,510.00, with no matching funds from the City;
the Fire-EMS Department has received 2,500 smoke detectors valued at $55,000.00;
and the remainder of grant funds is $19,510.00, with a balance of $19,510.00 as
follows:
Personal Services - Salaries and FICA $18,000.00
Project Supplies $ 1,510.00
The City Manager recommended that Council accept the "Get Alarmed,
Virginia? grant from the Virginia Department of Fire Programs and the Virginia
Department of Health, valued at $74,510.00, and authorize the Director of Fina."ce to
establish revenue estimates and appropriation accounts for procurement of
materials, equipment and personal services costs for installation.
Mr. Harris offered the following emergency budget ordinance:
(#35159-120400) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, page 39.)
370
Mr. Harris moved the adoption of Ordinance No. 35159-120400. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith .................................................................................... -7.
NAYS: None .......................................................................................... 0.
Mr. Harris offered the following resolution:
(#35160-120400) A RESOLUTION accepting and expressing appreciation for
the monetary grant from the Virginia Department of Fire Programs and the Virginia
Department of Health.
(For full text of Resolution, see Resolution Book No. 64, page 40.)
Mr. Harris moved the adoption of Resolution No. 35160-120400. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith ............................................................................................. 7.
NAYS: None .................................................................................... -0.
HUMAN DEVELOPMENT-CITY MANAGER-COMMITTEES-FIFTH DISTRICT
EMPLOYMENT AND TRAINING CONSORTIUM: The City Manager submitted a written
report advising that the Fifth District Employment and Training Consortium (FDETC)
administers the Federally funded Workforce Investment Act (WIA) for the region,
which encompasses the Cities of Clifton Forge, Covington, Roanoke and Salem, and
the Counties of Allegheny, Botetourt, Craig, Franklin and Roanoke; each jurisdiction
appoints a representative and alternate to serve on the Regional Policy Board which
oversees WIA activities; Council has designated Glenn D. Radcliffe, Director of
Human Services, as the City's representative, and James D. Ritchie, Sr., Deputy City
Manager, as the City's alternate; Federal legislation governing implementation of the
Workforce Investment Act directs that there be a separation in the supervisory or
organizational reporting structure between staff serving as support to the Workforce
Development Board and personnel providing direct services to clients; and the
requirement for separation in the reporting structure is designed to ensure objectivity
in the review of performance towards achieving mandated outcomes.
371
It was further advised that the Executive Director of the Fifth District
Employment and Training Consortium is currently serving as staff to the Workforce
Development Board; representatives of the U. S. Department of Labor and the State
Workforce Investment Act Unit have determined that the individual and direct
services staff must report to different supervisors; therefore, it is recommended that
representatives designated to the Policy Board of the Fifth District Employment and
Training Consortium be temporarily re-assigned, which is expected to occur u pon the
date of approval by Council and will end on February 28, 2001, by which time the
Workforce Development Board will have advertised, interviewed and hired an
Executive Director.
The City Manager recommended that Council authorize the temporary
re-assignment of the City's representatives to the Policy Board of the Fifth District
Employment and Training Consortium, as follows: James D. Ritchie, Sr., as the City's
representative to the Policy Board and Glenn D. Radcliffe as the City's alternate
representative.
Mr. Harris offered the following resolution:
(#35161-120400) A RESOLUTION authorizing the temporary re-assignment of
City Council's representatives to the Policy Board of the Fifth District Employment
and Training Consortium, so that the Deputy City Manager serves as the City of
Roanoke representative to the Board and the Director of Human Services serves as
the alternate.
(For full text of Resolution, see Resolution Book No. 64, page 41 .)
Mr. Harris moved the adoption of Resolution No. 35161-120400. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith ............................................................................................... -7.
NAYS: None ........................................................................................... -0.
REFUSE COLLECTION-EQUIPMENT: The City Manager submitted a written
report advising that Capital Maintenance and Equipment Replacement Program
(CMERP) has identified the need to purchase two side loading, fully automated refuse
trucks for the Division of Solid Waste Management, which are needed to accomplish
existing requirements for collection of solid waste.
372 -,
The City Manager recommended that Council accept the following bids and
reject all other bids received by the City:
Two new Iow entry, tilt cab, diesel powered truck cab/chassis to be
provided by Peterbilt of Richmond, Inc., at a cost of $83,543.00 per truck.
Two new side loading, fully automated, 24 yard compaction bodies to be
mounted on the above cab/chassis, to be provided by McNeilus Truck
and Manufacturing Co., at a cost of $53,892.00 per unit.
McNeilus Truck and Manufacturing Co. took exception to the packing
cylinder size, but this is determined to be an informality as the packing
cylinder to be provided does not affect operation of the units.
Funding for the above stated equipment is available in Fleet
Management Account No. 017~.0-2642-9015.
Mr. Hudson offered the following resolution:
(#35162-120400) A RESOLUTION accepting bids made to the City for
furnishing and delivering trucks and related equipment, upon certain terms and
conditions; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 64, page 41.)
Mr. Hudson moved the adoption of Resolution No. 35162-120400. The motion
was seconded by Mr. Harris.
Council Member Wyatt inquired as to the total number of automated refuse
vehicles in the City's vehicular fleet and the total number of older refuse vehicles
currently in service; whereupon, the City Manager advised that she would provide the
requested information at a later date.
There being no further discussion, Resolution No. 35162-120400 was adopted
by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith ....................................................................... -7.
NAYS: None ............................................................................. -0.
373
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Deputy Director
of Finance submitted the Financial Report for the City of Roanoke for the month of
October, 2000.
Without objection by Council, the Mayor advised that the financial report would
be received and filed.
CLAIMS-BUDGET-HOTEL ROANOKE CONFERENCE CENTER: The Deputy
Director of Finance submitted a written report of the Director of Finance advising that
the Hotel Roanoke Conference Center Commission was created by the Virginia
General Assembly, pursuant to Chapter 440, '199'1 Acts, Commonwealth of Virginia,
for the purpose of constructing, building and maintaining the Conference Center in
the City of Roanoke; in January 1998, the Commission filed suit in the Circuit Court
of the City of Roanoke to seek damages for alleged workmanship problems in
connection with construction of the Conference Center; and on October 2, 2000,
Council approved the Commission's FY 2000-01 Capital Budget.
It was further advised that at that time, the Commission expected to borrow $7
million through the issuance of its revenue note, Series 2000, to fund the cost to
repair the Conference Center; on November 9, 2000, the Commission voted to accept
a settlement of $8 million, which funds were made available on November 30, 2000,
thereby negating the need for the Conference Center Commission to issue a revenue
note to fund repairs, however, certain budget items have now changed to reflect
funding for the repairs.
The Deputy Director of Finance advised that the Hotel Roanoke Conference
Center Commission requests that Council transfer funds to reflect the change in
events at the Hotel Roanoke Conference Center Commission as above described; and
that Council adopt an $8.0 million revenue estimate for receipt of proceeds from the
settlement.
The following is a summary of adjustments to expense budgets:
Fees for Professional Services
Architectural and
Engineering Fees
Capitalized Interest
$546,218.00
208,782.00
(7SS,000.00)
Mr. Harris offered the following emergency budget ordinance:
374
(#35163-120400) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Hotel Roanoke Conference Center Commission Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, page 43.)
Mr. Harris moved the adoption of Ordinance No. 35163-120400. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith ............................................................................................. 7.
NAYS: None ............................................................................. -0.
REPORTS OF COMMITTEES:
BUDGET-PARKS AND RECREATION-EROSION/SEDIMENT CONTROL-
GREENWAY SYSTEM: The Bid Committee submitted a written report advising that
the plan for the one mile section of Tinker Creek Greenway begins west of the bridge
crossing Tinker Creek at Wise Avenue and ends south of Kenwood Boulevard where
the railroad crosses Tinker Creek; the trail is a 12-foot wide paved surface with two-
foot grass shoulders on each side; parking access is provided at the beginning of the
trail at Wise Avenue and at the Dale Avenue crossing; the end of the trail will be
connected to the southern end of Kenwood Boulevard by a 12-foot wide access trail;
stream bank restoration will take place in Smith Park; and approximately 1,555
plantings composed of various grasses, shrubs and trees will be planted in Smith
Park.
It was further advised that bids were received for the Tinker Creek Grsenway
and Smith Park Riparian Plantings with U. S. Construction Co. submitting the lowest
bid in the amount of $309,535.00, and funding for the project is available in the
following accounts:
Settlement State DEQ Greenway
Project for Public Works Service
008-052-9681-9213
$150,000.00
Stream Bank Restoration for Public
Works Service Center 008-052-9670-9216
17,500.00
Settlement US Government for
Public Works Service Center 008-052-9672-9213 100,000.00
375
Settlement State DEQ for Stream
Bank Restoration for Public Works
Service Center
008-052-9681~216
75,000.00
Total $342,500.00
The Bid Committee recommended that Council accept the bid of U. S.
Construction Co., in the amount of $309,535.00; authorize the City Manager to enter
into a contractual agreement for the above stated work to be completed with 180
consecutive calendar days, with a project contingency of $32,965.00, in a form to be
approved by the City Attorney; and further authorize the Director of Finance to
transfer $250,000.00 from Account Nos. 008-052-9681-9213 ($150,000.00) and 008-052-
9672-9213 ($100,000.00) to an account entitled, "Tinker Creek Greenway", and
transfer $92,500.00 from Account Nos. 008-052-9670-9216 ($17,500.00) and 008-052-
9681-9216 ($75,000.00) to an account entitled, "Stream Bank Restoration - Smith Park
Riparian Plantings".
Mr. Harris offered the following emergency budget ordinance:
(#35164-120400) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, page 44.)
Mr. Harris moved the adoption of Ordinance No. 35164-120400. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith ............................................................................................. 7.
NAYS: None ............................................................................................ 0.
Mr. Carder offered the following emergency ordinance:
(#35165-120400) AN ORDINANCE accepting the bid of U. S. Construction Co.
for constructing the Tinker Creek Greenway and doing stream bank restoration with
the Smith Park Riparian Plantings, upon certain terms and conditions, and awarding
a contract therefor; authorizing the proper City officials to execute the requisite
contract for such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, page 46.)
376 -
Mr. Carder moved the adoption of Ordinance No. 35165-120400. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith ............................................................................................. 7.
NAYS: None ......................................................................................... 0.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 35150, having previously been before
the Council for its first reading on Monday, November 20, 2000, read and adopted on
its first reading and laid over, was again before the body, Mr. White offering the
following for its second reading and final adoption:
(#35150-120400) AN ORDINANCE permanently vacating discontinuing and
closing an undeveloped alleyway lying between parcels of land identified as Official
Tax Nos. 6090404 and 6090705, and extending north of Willis Street for an
approximate distance of 70 feet and a width of approximately ten feet.
(For full text of Ordinance, see Ordinance Book No. 64, page 28.)
Mr. White moved the adoption of Ordinance No. 35150-120400. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith .................................................................................... -7.
NAYS: None .................................................................................. -0.
ZONING: Ordinance No. 35151, having previously been before the Council for
its first reading on Monday, November 20, 2000, read and adopted on its first reading
and laid over, was again before the body, Mr. Harris offering the following for its
second reading and final adoption:
377
(#35151-120400) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 402, Sectional 1976 Zone Map, City of
Roanoke, to rezone a certain tract of land located on the south side of Elm Avenue,
S. E., at its intersection with 1-581, identified as Official Tax No. 4020317, from LM,
Light Manufacturing District, to C-2, General Commercial District.
(For full text of Ordinance, see Ordinance Book No. 64, page 31 .)
Mr. Harris moved the adoption of Ordinance No. 35151-120400. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith ................................................................................................ 7.
NAYS: None ............................................................................................ -0.
ZONING: Ordinance No. 35152, having previously been before the Council for
its first reading on Monday, November 20, 2000, read and adopted on its first r¢-~ding
and laid over, was again before the body, Mr. Harris offering the following for its
second reading and final adoption:
(#35152-120400) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 129, Sectional 1976 Zone Map,
City of Roanoke, amending proffered conditions relating to a 23.571-acre portion of
Official Tax No. 1290107, and to substitute new proffered conditions u pon that certain
tract of land containing 23.571-acres, more or less, of those six tracts of land
containing 60.53 acres, located between 1-581 and Franklin Road, S. W., being a
portion of property identified as Official Tax No. 1290107.
(For full text of Ordinance, see Ordinance Book No. 64, page 32.)
Mr. Harris moved the adoption of Ordinance No. 35152-120400. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith ................................................................................................ 7.
NAYS: None ........................................................................................... -0.
AIRPORT-TAXES: Ordinance No. 35153, having previously been before the
Council for its first reading on Monday, November 20, 2000, read and adopted on its
first reading and laid over, was again before the body, Mr. White offering the
following for its second reading and final adoption:
378
(#35153-120400) AN ORDINANCE amending and reordaining §32-104, Levied;
rate, of Article III, Tax on Tanqible Personal Property Generally, of Chapter 32,
Taxation, of the Code of the City of Roanoke, (1979), as amended, by adding a new
subsection (c) to provide for a reduction in the tax rate of the personal property tax
as it applies to aircraft, pursuant to the provisions of the foregoing article, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 64, page 34.)
Mr. White moved the adoption of Ordinance No. 35153-120400. The motion was
seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ -0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
CITY EMPLOYEES-PERSONNEL DEPARTMENT-AFFIRMATIVE ACTION:
Council Member Wyatt requested that Council be provided with the City's annual
Affirmative Action report by the first of the calendar year. In view of staff turnover,
she also requested that the City Manager identify departmental vacancies, city wide,
and the length of time that positions have been vacant.
ZONING.HOUSING/AUTHORITY: Vice-Mayor Carder renewed a previous
request for information which was introduced at the November 6, 2000 Council
meeting, with regard to an automobile repair establishment in the vicinity of the
Lansdowne Park housing complex which was granted a variance, pursuant to certain
proffered conditions for rezoning relating to landscaping; and inquired as to the
City's procedure to ensure that proffered conditions are met.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
379
CITY CODE-ANIMALS/INSECTS-COMPLAINTS: Ms. Rhonda Conner, 2193
Wildwood Road, Salem, Virginia, property owner and landlord in the City of Roanoke,
referred to the City's lack of enforcement of Chapter 6, Animals and Fowl, Section
6-27, Limitation on keepin.q. She expressed concern with regard to the number of
animals that are allowed to be kept by a tenant in an apartment complex, and
requested that the above referenced City Code section be amended to further limit
the number of animals that may be kept in an apartment building.
It was the consensus of Council that the matter would be referred to the City
Manager for appropriate response.
At 5:45 p.m., the Mayor declared the meeting in recess.
At 6:00 p.m., the meeting reconvened in the Governor's School Lecture Hall,
with Mayor Smith presiding and all Members of the Council in attendance.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bestpitch
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) onlysuch public
business matters as were identified in any motion by which any Closed Meeting was
convened were heard, discussed or considered by City Council. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, Harris
and Mayor Smith .............................................................................................. 7.
NAYS: None .......................................................................................... -0.
There being no further business, the Mayor declared the meeting adjourned at
6:02 p.m.
ATTEST:'
Mary F. Parker Ralph K. Smith
City Clerk Mayor
380 -
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 18, 2000
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
December 18, 2000, at 12:15 p.m., the regular meeting hour, in the Emergency
Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building,
215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith
presiding, pursuant to Chapter 2, Administration, Article II, City Council,
Section 2-15, Rules of Procedure, Rule 1, Recjular Meetinos, Code of the City of
Roanoke (1979), as amended, and Resolution No. 35000.080701 adopted on Monday,
August 7, 2000.
PRESENT: Council Members William White, Sr., William D. Bestpitch,
William H. Carder, W. Alvin Hudson, Jr., and Mayor Ralph K. Smith ...................... 5.
ABSENT: Council Members C. Nelson Harris and Linda F. Wyatt .................. -2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Deputy City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The Mayor declared the meeting in recess at 12:16 p.m., for a tour of the New
Century Business Venture Center, 1354 8t' Street, S. W., City of Roanoke, said
Council meeting to be reconvened at 3:00 p.m., in the Governor's School Lecture
Hall, Patrick Henry High School, 2102 Grandin Road, S. W., City of Roanoke.
At 3:00 p.m., on Monday, December 18, 2000, the regular meeting of City
Council reconvened in the Governor's School Lecture Hall, Patrick Henry High
School, 2102 Grandin Road, S. W., City of Roanoke, with the following Council
Members in attendance, Mayor Smith presiding.
PRESENT: Council Members William White, Sr., Linda F. Wyatt, William D.
Bestpitch, William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., and Mayor
Ralph K. Smith .............................................................................................. -7.
ABSENT:None ..................................................................................... 0.
381
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Deputy City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend
William L. Lee, Pastor, Loudon Avenue Christian Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
CONSENTAGENDA
The Mayor advised that ail matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
Council Member Bestpitch requested that Item C-1, minutes of the regular
meetings of Council held on Monday, July 3, 2000, Monday, July 17, 2000, and the
Planning Retreat held on July 20-21,2000, be removed from the Consent Agenda and
considered separately.
TRAFFIC: A report of the City Manager recommending that a public hearing
be advertised for January 16, 2001, at 7:00 p.m., or as soon thereafter as the m;tter
may be heard, to consider previously received applications for Federal funds made
available through the Transportation Equity Act for the 21st Century (TEA-21) for
transportation enhancement projects in fiscal year 2001-02, was before the Council.
Mr. Harris moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith .............................................................................................. -7.
NAYS: None ........................................................................................... -0.
382
PURCHASE/SALE OF PROPERTY-PARKS AND RECREATION-BRIDGES-
GREENWAY SYSTEM-WATER RESOURCES-STREETS AND ALLEYS: Areport ofthe
City Manager recommending authorization to file a petition to close a portion of
public street right-of-way along Albemarle Avenue, S. W., in exchange for certain
private property, in connection with the Mill Mountain Greenway Project, was before
Council.
Mr. Harris moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. Carder and adopted by the following
vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith .............................................................................. -7.
NAYS: None ............................................................................... 0.
TOWING CONTRACT-PERSONNEL DEPARTMENT-ROANOKE ARTS
COMMISSION-OATHS OF OFFICE-COMMITTEES: The following reports of
qualification, were before Council:
Charles A. Karr as a member of the Towing Advisory Board, for a term
ending June 30, 2003;
Lylburn D. Moore, Jr., as a member of the Personnel and Employment
Practices Commission, for a term ending June 30, 2002; and
Susannah Koerber as a member of the Roanoke Arts Commission, for
a term ending June 30, 2003.
Mr. Harris moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith .................................................................................. -7.
NAYS: None ......................................................................................... 0.
383
REGULAR AGENDA
COUNCIL: Minutes of the regular meetings of Council held on Monday, July3,
2000; Monday, July 17, 2000; and the Planning Retreat held on July 20 - 21, 2000,
were before the body.
Council Member Bestpitch advised that the past practice of Council has been
to receive an advance copy of the Council minutes for approval prior to the Council
meeting in which they are listed on the printed agenda; however, he referred to a
communication from the City Clerk advising that it has been suggested that the City
Clerk's Office discontinue the practice of including photocopies of the Council's
minutes in the agenda package. He inquired as to how the Members of Council can
be expected to vote to approve minutes which have not been provided in advance
for review.
The City Clerk advised that because of the length of the minutes and
photocopying expenses, it was suggested that a letter be included in the Council's
agenda material advising that the minutes would be available on the Internet. She
added that she would provide any Member of Council with copy of the minutes prior
to the Council meeting in which the minutes are listed on the agenda for approval.
Mr. Bestpitch inquired if Council had discussed accessing the minutes on the
Internet rather than having the minutes photocopied; whereupon, Mayor Smith
advised that the matter had not been discussed at a Council meeting, but it had been
previously discussed as a more efficient way to review the minutes and save the
cost of photocopying expenses. He stated that if it is the desire of Council to
continue receiving photocopies of the minutes, the City Clerk should be so advised.
Council Member Harris advised that it is better stewardship of equipment and
stafftime to access the minutes on the Internet, and photocopy of the minutes could
be provided to any Member of Council who requests that specific format;
whereupon, he moved approval of the minutes as above referenced. The motion
was seconded by Mr. Hudson.
Council Member Wyatt respectfully disagreed with Council Member Harris,
and advised that it is important that Council be furnished with a copy of the minutes
for review prior to approval; and not all citizens have access to the Internet. She
expressed reservations that Council would approve minutes that were not previously
reviewed; she was not aware that the Council minutes were to be placed on the
Internet; and the Council should be consulted prior to making major changes;
therefore, she objected to the process.
384
Following further discussion of the matter, Mr. Harris offered a substitute
motion that the minutes of the meetings held on July 3, 2000, July 17, 2000, and the
Planning Retreat held on July 20-21,2000, be tabled until the next meeting of Council
on January 2, 2001, to allow time for the Members of Council to review the minutes
prior to approval. The motion was seconded by Mr. Hudson and unanimously
adopted.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
HUMAN DEVELOPMENT-BLUE RIDGE COMMUNITY SERVICES: Dr. Dolores
Johns, Member, Blue Ridge Community Services, Board of Directors, reported on
the services provided to citizens of Roanoke for the year that ended June 20, 2000,
by Blue Ridge Community Services. She advised that during the period, staff
delivered over 315,000 units of service to approximately 9,000 residents of the City
of Roanoke, at a cost of over $11 million. She further advised that Roanoke's local
matching contribution to the Agency's fiscal year 2000 operations was $378,357.00,
which means that the citizens of Roanoke received $29.78 worth of services for each
tax dollar allocated to Blue Ridge Community Services.
Dr. Johns highlighted the following as a part of Blue Ridge Community
services' renewal 2000 restructuring of services:
Blue Ridge opened the assessment center to provide a single
consumer-oriented means of access to all of its clinical services.
Intake and assessment services are provided to all consumers of all
ages and with all disabilities, and the center is located at 1729
Patterson Avenue, S. W.
Jail assessment and treatment services provides a full array of
substance abuse services to inmates of the Roanoke City Jail,
including modified therapeutic communities for both men and women.
Funding targeted specifically for substance abuse prohibits Blue Ridge
from addressing the critical needs of inmates with mental illness, and
Blue Ridge has developed a proposal which has been endorsed by the
Sheriff's Departments of both Roanoke City and Roanoke County to
implement a pilot program for the provision of mental health
assessment, treatment, crisis counseling, psychiatric care, appropriate
385
medications, and case management. It was noted that Blue Ridge
expects that this collaboration will result in an effort to seek funding
from the General Assembly for the pilot program.
Blue Ridge therapeutics are stationed at the Roanoke Adolescent
Health Partnership (RAHP) sites in order to provide greater access to
counseling for children and adolescents age 11 - 18 years. The sites
are William Fleming High School, Ruffner Middle School, Patrick Henry
High School and the Hurt Park Community Center. The therapist
positions are funded through a contract with RAHP from a United Way
Venture Grant and a Roanoke City Community Development Block
Grant. Blue Ridge provides clinical and administrative oversight as an
in-kind contribution to the partnership.
Blue Ridge participated in an adult care pilot project last year to provide
consultation and support to staff and consumers at four targeted
assisted living facilities in the valley. Results demonstrated decreased
hospitalizations, decreased length of hospital stays, increased levels
of functioning and positive feedback from consumers and staff alike.
Currently, staff provides case management to consumers living in 13
assisted living facilities, and Blue Ridge plans to expand the adult care
pilot services to targeted consumers living in non-piloted assisted
living facilities. Additional funding has been received for a Program of
Assertive Community Treatment (PACT), which will allow for expanded
psychiatric services and group activities for adults with serious mental
illness who are homeless, or have histories of frequent use of state
hospitals.
During the 1999-2000 school year, Blue Ridge worked in partnership
with Roanoke City Schools to provide day treatment services and
school-based substance abuse counseling; and on site substance
abuse counseling has created greater access to this service at an early
stage of intervention. The day treatment services have been aimed to
maintain emotionally disturbed children in the least restrictive and less
costly special education setting by placing staff persons on site with
teaching staff during each school day. Day treatment was provided in
four elementary schools, Roanoke Academy of Math and Science,
Highland Park, Fallon Park, and Lincoln Terrace. For the coming year,
these same schools are receiving day treatment and a new contract for
386
substance abuse counseling has been signed. Also, day treatment
services were provided on-site with the summer school program at
Westside Elementary School. Other examples of Blue Ridge services
provided to the citizens of Roanoke are noted in a written report.
Dr. Johns stated that the public system for addressing the needs of mentally
disabled citizens has been in a period of accelerating transition for several years,
and the performance contract with the State reflects the change; a major concept of
the new contract is priority populations in which the State narrowly defines who is
eligible for services funded with state controlled funds; and the established criteria
for priority populations limit access to only the most severely mentally disabled
individuals in the communities. She further stated that the state policy comes at a
time when a recent valley-wide study has identified mental health services as the
number one unmet community health care need, thus presenting a challenge for
everyone; and equally challenging is the mandated 90 - l0 state/local matching
funds ratio. She pointed out that local tax requests each year are based upon
minimums necessary to meet the requirement, rarely is the State funded at the levels
requested by agencies; and if the funding request is not granted this year, Blue
Ridge Community Services stands to lose in excess of $85,000.00 in discretionary
State funds because of insufficient local matching dollars. Dr. Johnson commented
that at a time when there is increasing identified needs and demand for services,
Blue Ridge is striving to avoid any reduction in current capacity.
In conclusion, Dr. Johns advised that the Board of Directors and staff of Blue
Ridge feel very positive about its working relationship with City Council and City
officials. She expressed appreciation for Council's continuing support of Blue Ridge
Community Services and its mission.
Council Member Bestpitch called attention to comments under the jail
assessment and treatment services as stated by Dr. Johns, advising that funding
targeted specifically for substance abuse prohibits the agency from addressing the
critical needs of inmates with mental illness. He inquired about the number of
inmates receiving treatment for mental illness; whereupon, the City Sheriff
responded that approximately 180 inmates out of 500 received assistance.
Mr. Bestpitch advised that a fairly high percentage of persons require some
other form of mental health treatment, and inquired if other initiatives are underway
or in the planning stages to provide follow up treatment, not only while inmates are
incarcerated, but after they are released from jail.
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James Sikkema, Executive Director, Blue Ridge Community Services, advised
that jails are new institutions, and, for many years, institutions that provided for
individuals with mental illness were state hospitals. He further advised that as de-
institutionalization has moved forward, much of the jail population suffers from a
serious mental disorder; and many of the crimes are directly related to mental
disorders. Therefore, he stated that it is extremely difficult for jails and sheriff's
departments, with their specific missions, to deal alone with this most challenging
population.
The Mayor advised that without objection by the Council, the remarks of Dr.
Johns and Mr. Sikkema would be received and filed.
PETITIONS AND COMMUNICATIONS:
BONDS/BOND ISSUES-INDUSTRIES: A communication from Harwell M.
Darby, Jr., Attorney, representing the Industrial Development Authority, requesting
approval of a plan of financing to assist Our Lady of the Valley, Inc., in financing,
constructing, and equipping an addition to its facility, by issuance of industrial
development revenue bonds in an amount estimated at $3 million, was before
Council.
Mr. White offered the following resolution:
(#35166-121800) A RESOLUTION approving the plan of financing of the
Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of
Our Lady of the Valley, Inc., to the extent required by Section 147 of the Internal
Revenue Code of '1986, as amended and Section 15.2-4906 of the Virginia Code.
(For full text of Resolution, see Resolution Book No. 64, page 47.)
Mr. White moved the adoption of Resolution No. 35166-121800. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................ 7.
NAYS: None ............................................................................................ 0.
388
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting appropriation of funds to the following school accounts, was before
Council.
$3,700.00 for the Regional Literacy Coordinating Committee established
by the Virginia Literacy Initiative to provide literacy coordination
services. This new program will be reimbursed 100 per cent
reimbursed by State funds.
$90,279.00 for the Individualized Student Alternative Education Program
component of the Blue Ridge Technical Academy for vocational
assessment, recruitment, and placement services for approximately 50
students with the goal of placing students into the local work force.
This continuing program will be reimbursed by State funds.
A report of the Director of Finance recommending that Council concur in the
request, was also before the body.
Mr. White offered the following emergency budget ordinance:
(#35167-121800) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 School Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, page 49.)
Mr. White moved the adoption of Ordinance No. 35167-121800. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ...................................................................................... -7.
NAYS: None .......................................................................... -0.
BONDS/BOND ISSUES-SCHOOLS: A communication from George J. A.
Clemo, Attorney, representing the Roanoke City School Board, recommending
adoption of a resolution authorizing issuance of a General Obligation Qualified Zone
Academy Bond, in the amount of $1,291,618.00, for the Roanoke Academy for
Mathematics and Science, was before Council.
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Ms. Wyatt offered the following resolution:
(#35168-121800) A RESOLUTION authorizing the issuance of not to exceed
$1,291,618.00 General Obligation Qualified Zone Academy Bond (Roanoke
Academy), Series 2000, of the City of Roanoke, Virginia, to be sold to First Union
National Bank and providing for the form and details thereof.
(For full text of Resolution, see Resolution Book No. 64, page 51.)
Ms. Wyatt moved the adoption of Resolution No. 35168-121800. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and MayorSmith .............................................................................................. -7.
NAYS:None .......................................................................................... ~.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
ARMORY/STADIUM-CONSULTANTS REPORTS: The City Manager presented
a briefing with regard to the various options in connection with Victory Stadium. Ms.
Burcham advised that as the incoming City Manager, she received a call from the
Roanoke City School Superintendent who shared information with regard to a series
of meetings which were held relating to Victory Stadium, and specifically related to
high school football needs; the School Superintendent stated that in late November
1999 or early December 1999 it was reported that the high school needs should be
addressed; the school system was anxious to have a facility with a minimum of
3,000 seats, expandable to 6,000 for state-wide championships, and was of the
opinion that the stadium issue rested with City Council. She further advised that she
was aware that the Parks and Recreation Master Plan was almost ready for public
comment, and Victory Stadium was proceeding through the Comprehensive Plan
process; an administrative decision was made in early January 2000 that the
Comprehensive Plan needed to go forward without being encumbered by the issue
of Victory Stadium; and Victory Stadium should be studied independently.
390
The City Manager stated that she made an administrative decision to change
the over sight of Victory Stadium to Civic Facilities, with the understanding that
Victory Stadium, as a resource, was not only being under utilized, but under
marketed and under represented in the assets of the City; the Civic Center Faci!ities
Director, with his responsibilities for the arena, the theater and other amenities, is
in a better position to manage Victory Stadium; and Rosser International, a
consulting firm, was retained to study Victory Stadium. She stated the opinion that
no public facility in the future should be built as a single purpose facility; the City
should address the multi-purpose nature of its facilities; i.e.: a fire station should do
more than house fire and EMS services, a school building should do more than
provide educational facilities for children, and Victory Stadium should do more than
satisfy high school football needs.
Ms. Burcham pointed out that the 1996 Heery International Study
commissioned by Council addressed the following options:
Option One was the basic infrastructure remediation to allow the
25,000 seat stadium to remain roughly a 24,000 seat facility, retrofitting
the existing locker rooms and restrooms, updating ADA accessibility
requirements, and lighting upgrades at an estimated cost of $6.5
million.
Option Two was to complete renovation of the existing stadium to
provide a roughly 24,000 seat facility, with additional public
improvements such as restrooms and new concession spaces, new
locker rooms, a press box, new entry gates, ADA accessibility
improvements, and updated lighting. That particular option again in
1996 dollars represented a commitment of $8.7 million.
Option Three was renovation of the east grandstands because the west
grandstands were in poorer structural condition than the west side
which would have eliminated some seating, leaving a total of 19,144
seats remaining for $12 million.
Option Four and the preferred option in 1996 was removal of the lower
portions on each side of the stands by raising the playing field to deal
with the flood plain issue, which would have left roughly 15,000 seats
in that construction, an elevated concourse, a raised playing field, a
covered stage area close to the river, new press box, locker rooms,
entry gates, and other amenities for $14.6 million.
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Ms. Burcham explained that the Stadium would be able to accommodate,
within the reformatting of the football field, a regulation soccer field, which the
current facility attempts to do but does not meet regulations. She advised that the
Stadium would have a track, a portable stage for concerts, new press facilities on
the west side, partially elevated concourses, and the field would be raised above the
100 year flood plain; and advantages of this particular option are:
good site lines for all sports events,
the field is out of the flood plain, and
minimum sound interference to the hospital due to minimum concert
events.
The City Manager noted that the facility's size and support facilities are
excessive for sports spectator needs; conversations have been held with promoters
and entertainers who state that both the size and configuration of the facility are
issues that are paramount as events are booked; the track under this option would
extend 10 - 20 feet beyond the planned Corps of Engineers river wall as a part of the
flood reduction projects, causing a configuration adjustment of the track; and the
City Administration has not had time to fully address the matter. She stated that this
particular option with the location of the stage is not the best in terms of sight lines
for concerts on the stage because the portable stage setup eliminates the
marketability of the stage for promotion, and the lower concourse would remain in
the flood plain; and if the facility is maintained at this particular size -- approximately
15,000 seats - additional parking needs have not been fully addressed at this time.
She further stated that this option updated to the current year's costs escalated
would be $16,538,000.00, which was discarded earlier by Council because of the lack
of marketability to the concert market. She added that both Council and the City
administration have an interest in making the City of Roanoke the entertainment
center of southwest Virginia.
Ms. Burcham advised that the second option would renovate the facility,
maintain half of the stadium, and add a stage for concert uses, which creates a ~,000
seat facility with approximately 8,000 seats on one side as bench seats, and 1,000
seats in telescopic risers, and provide for a total of 20,000 seats for an amphitheater
setup, 9,000 permanent seats, and 11,000 portable chairs or lawn seats in the
playing field area. She further advised that this option also provides soccer fields,
a football field, new press facilities, with the east side of the property supporting
concert functions; the City would have a new state of the art permanent side stage
392
as opposed to a portable stage, the entire facility would be raised above the 100
year flood plain, and telescoping side stage seats would be provided for both sports
and concerts on the stage side of the facility.
The City Manager explained that the advantages of this option are that the
facility side and the support facilities would be in keeping with the needs of
spectators for both sports and entertainment; there would be revenue potential from
the amphitheater, the concept fits within the perimeters of the flood wall that will be
built, and the parking needs for this size facility are more in line with the anticipated
availability in the immediate area; disadvantages are that more seats are sports
seats as opposed to concert seats, the press faces the west toward the setting of the
sun; no track is provided with this option, with the track to be provided at an
alternate site; and City officials are aware of the need for track facilities. She pointed
out that both of the above mentioned options and the following option does not
include a track, therefore, an alternate site would have to be developed for track
facilities. She noted that the lower concourse in this option remains in the flood
plain; due to location of the amphitheater, City officials might have some sound
issues as it relates to the hospital; and the total cost for the renovation is $14.4
million.
Ms. Burcham further explained that Option 1 C, which is a new stage and new
stadium for both sports and concert uses, is an 8,000-seat facility, with 7,000
permanent chairs on one side and the same 1,000 telescopic risers located in the
amphitheater. She indicated that Option lC includes 1,000 seats which is smaller
than the previous option, although additional seats could be added for
approximately $300,000.00, which would provide a total of 19,000 seats as an
amphitheater setup, 7,000 permanent seats and 11,000 portable chairs or lawn
seating; in this option the stadium has been rotated to maximize all users relative
to sun angles; and the advantages to this option are similar to Option lB. She
advised that the concept fits within the flood wall perimeters, parking need is in line,
and the major difference is seating whereby all seats will be chair seats, as opposed
to bench seats that exist in the partial renovation option; and this option has a cost
of $18.2 million, with a revenue potential that actually over time would develop into
a positive cash flow. She further advised that City officials would estimate that after
several years of promotion, the City would generate approximately $30,000.00 to
$50,000.00 in additional revenue in excess of expenses, if the facility is marketed
properly.
393
The City Manager emphasized the importance that the Victory Stadium facility
continue to honor the tradition and rich history of its original construction, and
suggested that the selected architectural or engineering firm be challenged to
ensure that the Victory Stadium tradition is properly honored in the entranceway and
perhaps a miniaturization of the fountain which has not been operational for many
years. She called attention to a recent offer by a local firm to review the renovation
option, at no cost, which is available for the Council's consideration.
Mr. Bill Ammen, 4938 Greenlee Road, S. W., inquired if the third option calls
for a complete demolition of Victory Stadium; whereupon, the City Manager
responded in the affirmative. Mr. Ammen advised that as described by former Judge
Jack B. Coulter, Victory Stadium as a sacred memorial to the United States victory
over Nazi Germany and Imperial Japan; Victory Stadium is not only a monument to
our victory, but a monument to those who died on the beaches of Normandy, Iwo
Jima and Okinawa, and in the many battles of World War I1.
Inasmuch as Mr. Chris Craft, 1501 East Gate Avenue, N. E., had to leave the
meeting, the City Clerk read the following prepared statement on behalf of Mr. Craft:
"1 am here today to state my opinion on the future of Victory Stadium.
I feel the present building is old and outdated and should be raised. On
the other hand, as Mayor Smith has stated, it is structurally sound. I
feel that the building could be renovated and the parking lot paved. It
has seen its heyday. If renovating it would preserve Roanoke's history
and the money that would have been used to raise it could improve the
practice fields at our two high schools, and parking improved at the
present stadium, like paved, lights in the parking lot."
Mr. Jim Fields, 17 Ridgecrest Road, Hardy, Virginia, stated that Victory
Stadium could be a multi-purpose facility and should be marketed accordingly.
Mr. Bob Caudle, 4231 Belford Street, S. W., stated that a portion of the existing
structure can be reused, and encouraged City Council to continue to be dedicated
to Victory Stadium for its original need.
Mr. Donald Dickerson, 4441 Oleva Street, N. W., stated that the City can
improve the present stadium as it is, or another facility could be constructed. He
further stated that the City of Roanoke has been short sighted, the City does make
appropriate use of its assets, i.e., a baseball field with a baseball diamond and a pro
394
team which no longer exists, and a civic center that is land locked and unable to
expand, etc. He advised that the City should consider enlarging Victory Stadium and
promoting the facility.
Mr. Rick Williams, 3725 Sunrise Avenue, N. W, stated that he had no opinion
on any of the options that were presented by the City Manager. He urged that
Council not demolish Victory Stadium, only to replace the facility with a depressing
piece of modernist architectural blight. He suggested that the City Manager hire a
new urbanist architect and designer who can create a stadium that will be worthy of
the affection and respect of Roanoke's citizens.
Mr. Frank Roupus, 1841 Warrington Road, S. W., called attention to facilities
of the past that were razed or altered, such as the American Theater, the Jefferson
High School Building, The Hotel Roanoke, the N & W Building, Center in the Square,
block housing, the Mill Mountain Theater, and others. He advised that the City is
now faced with the possibility of losing another part of its history Victory Stadium,
which is a landmark that should remain in the City, and is due a faceliff rather than
total destruction.
Ms. Rebecca Sweeney, 3605 Heritage Road, S. W., advised that she plays
soccer for Patrick Henry High School which uses Victory Stadium for many of its
home games; and the stadium is dilapidated, difficult to play on, not well kept, and
its size and current condition discourage spectators. She further advised that if
Victory Stadium is torn down and a new smaller stadium is constructed, athletes and
the community as a whole would be better served. She spoke in support of
demolishing Victory Stadium and building a new facility.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., inquired if public hearings will
be held in the future so other citizens will have an opportunity to provide input. She
stated that there should be creative reuse of the stadium to remember the past, to
honor the present and to challenge those in the future. She further stated that she
is pleased to know that the City Administration is interested in multiple use of the
stadium, and suggested that the City Manager include facilities for professional
tennis and other sports and entertainment. She urged that the size of the stadium
not be decreased because as the City proceeds to market the stadium, more seats
will be needed than are available at the present time. She spoke in support of
creative reuse of the stadium to include other sports activities and entertainment.
395
Mr. Burch Sweeney, 3605 Heritage Road, S. W., advised that any consideration
of a new stadium should bring to the forefront the service of Roanoke Valley citizens
during World War II and the need to keep the theme of Victory Stadium alive.
However, he stated that the 58 year old building is beyond rehabilitation; it is
essential that the City provide a facility for track for its students, in addition to a
regulation size football and soccer facility; and a facility should be constructed in
the range of 8,000 - 10,000 seats.
At 4:30 p.m., the Mayor declared the meeting in recess.
At 4:40 p.m., the meeting reconvened in the Governor's School Lecture Hall,
Patrick Henry High School, with Mayor Smith presiding, and all Members of the
Council in attendance.
Council Member Hudson expressed concern with regard to cost estimates for
the stadium, and suggested that the City Manager postpone any recommendation
until Council has received further information and comments by citizens.
Council Member Harris expressed appreciation to the City Manager for a
thorough presentation of the main options. He inquired if cost figures have been
updated and are based on current economics; whereupon, the City Manager
responded in the affirmative. He requested a recommendation from the City
Manager in regard to the process for information sharing with Council and the
public.
The City Manager advised that it is recommended that Council be prepared to
make a decision with regard to the various options at some point in the month of
February 2001 to enable budgetary issues to be addressed. She further
recommended that Council receive public comment in January 2001 and that the
public hearing be held at a time other than the third Monday of the month which is
normally set aside by Council to conduct its monthly public hearings. She explained
that a public hearing on the issue of Victory Stadium, solely, would give Council an
opportunity to receive citizen comments, and in February 2001 Council could make
a decision with regard to Victory Stadium.
Upon question, the City Manager advised that consideration by Council should
be narrowed to options lB and lC because both options call for a smaller facility
that is not only sized, but is functionally appropriate to the competitive world as it
relates to multi-purpose activities. She commented that as City Manager she is
committed to living within a budget that is approved by Council.
396
There was discussion regarding option lB which is to maintain half of the
existing stadium and adding stage, sports, concert uses on the other side; and
option 1C which is a new stadium and stage with sports and concert uses;
whereupon, the City Manager advised that both options do not include a track as
mentioned in the presentation; there should be an understanding/discussion that a
track would be built at an appropriate location to be determined with input by the
Roanoke City School Board/Administration; and the City's estimate would be
approximately $900,000.00 to $1.1 million for a first class, all weather track with
appropriate seating, etc., using one of the sites currently in the City in the
possession of the school system.
Vice-Mayor Carder inquired if the recommendation is to disregard Option 1,
which is to renovate Victory Stadium, and schedule a public hearing to receive
citizen comments on Option lB and 1C; whereupon, the City Manager responded in
the affirmative. Mr. Carder prefaced his comments by stating that he is in favor of
historic renovation, he manages an old historic hotel in downtown Roanoke, and he
serves on the Downtown Roanoke, Inc., Board of Directors that refurbished the
Norfolk Southern buildings, the GOB North building for use as a Higher Education
Center, and the GOB South with apartments. He stated that the last time 20,000
people in the stands at Victory Stadium was in 1966 for the Dave Matthews concert
which cost the City approximately $80,000.00. He added that the City should
incorporate the history of Victory Stadium in whatever design is agreed upon by the
Council. He stated that events will not be held in a renovated Victory Stadium
because there is too much competition and the facility is not user friendly. He
agreed with the City Manager's comment that the City should look at things multi-
dimensionally and find creative ways of generating revenue. He pointed out that
even if Victory Stadium is renovated, the City will still have operating costs of
approximately $250,000.00 a year; and under Option IC, which is a new facility, the
City is estimating a profit of approximately $30,000.00, a difference of about $3 - 3.5
million in net present value.
Vice-Mayor Carder stated that the City of Roanoke should be more aggressive
in marketing and advertising its current facilities such as Explore Park, the Virginia
Museum of Transportation, downtown Roanoke, the City Market, etc.; and the issue
is greater than just Victory Stadium. He further stated that the City should honor and
celebrate the past and be creative in its approach to economic development.
Therefore, he spoke in support of the City Manager's recommendation.
397
Council MemberWhite expressed concern with regard to Vice-Mayor Carder's
support of the City Manager's recommendation, even though she has not officially
made the recommendation known to the Members of Council. With regard to a
public presentation, he advised that today is the first time Council has reviewed
options going back to the original study and moving forward; and expressed
appreciation to the City Manager for an excellent presentation. He expressed
concern with regard to limiting public discussion to only two options which does not
include a complete renovation of Victory Stadium.
For clarification purposes, Mr. White inquired about including Option One for
discussion inasmuch as the public had expressed an interest in Option One;
whereupon, the city Manager stated that Council reviewed and narrowed the options
in August 2000 to Options lB and 1C. She stated that the City should market itself
as an entertainment venue, and Council should listen to not only the citizens, but to
the experts in the promotion and entertainment arena in making its decision. She
pointed out that if the Council prefers a totally open public process, providing a third
option will not delay the process. She pointed out that at some point, the issue of
functionality of the facility will have to be addressed, along with costs and various
other issues. She reminded Council that Option I fails to address an enhanced
multi-purpose use.
Council Member White requested that the City Manager provide Council with
a report at its meeting with regard to the track issue, cost per seat for stadium use,
cost per seat for concert use; and implications of operating costs on debt service.
Council Member Wyatt expressed concern that Council not lose sight of what
is important in the process - the youth - not only those who are currently in high
school, but those who may return to the Roanoke Valley to become community
leaders. She stated that the City should let go of the past and look at providing
opportunities for young adults that will keep them in Roanoke, or cause them to
return to the Roanoke Valley.
Council Member Bestpitch advised that he supports the City Manager's
suggestion that the Council narrow the recommendations down to two options, and
thereafter proceed within the time frame to receive public comment, followed by a
decision of the Council. He also agreed with some of the concerns expressed by
Council Member White with regard to seeking a professional opinion regarding
Victory Stadium.
398
Council Member Harris moved that Council concur in the City Manager's
recommended course of action that options lB and 1C go forward for public
comment, that a public hearing be held in January 2001, with the goal of voting on
the options in February 2001. The motion was seconded by Mr. Bestpitch.
Mayor Smith advised that Victory Stadium has not only historic value, but
financial value, and can be more competitive in the marketplace as either a
renovated or a partially renovated stadium.
Following discussion with regard to Option 1, Mr. Hudson offered a substitute
motion that Option 1 also be included in the public hearing for comment by citizens.
The motion died for lack of a second.
The motion to hold a public hearing in January 2001 on Options lB and 1C,
with a vote by Council in February 2001, was adopted, Council Member Hudson and
Mayor Smith voting no.
At 6:10 p.m., the meeting was declared in recess.
At 6:15 p.m., the meeting reconvened in the Governor's school Lecture Hall,
Patrick Henry High School, with Mayor Smith presiding, and all Members of Council
in attendance.
ITEMS RECOMMENDED FOR ACTION:
POLICE DEPARTMENT-CITY MANAGER: The City Manager submitted a
written report advising that the General Assembly amended State law, effective
July 1, 2000, to change the required membership of the Regional Community
Criminal Justice Board; in addition to the current membership, Roanoke must
appoint one additional person who is either a Member of Council, the City Manager,
a Deputy or Assistant City Manager; and prior to the amendment to State law, the
Board consisted of 13 members. She further advised that each of the 12
participating localities must appoint an additional member and each particiPating
locality is reappointing current members of the Board; no local funding is required
as a condition of Roanoke's participation; and the City of Salem serves as fiscal
agent for the program.
The City Manager recommended that Council adopt a resolution to appoint
George C. Snead, Jr., Assistant City Manager for Community Development, to the
Regional Community Criminal Justice Board.
399
Mr. Bestpitch offered the following resolution:
(#35169-121800) A RESOLUTION establishing, by joint action of the Boards
of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and
Rockbridge, and the City Councils of the Cities of Buena Vista, Clifton Forge,
Covington, Lexington, Roanoke and Salem, the membership of the Court-Community
Corrections Regional Community Criminal Justice Board to serve the region
composed of those Counties and Cities.
(For full text of Resolution, see Resolution Book No. 64, page 55.)
Mr. Bestpitch moved the adoption of Resolution No. 35169-121800. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................. -7.
NAYS: None ........................................................................................ -0.
TRAFFIC-BUDGET-WESTERN VIRGINIA FOUNDATION FOR THE ARTS AND
SCIENCES-ROANOKE PASSENGER STATION RENOVATION PROJECT: The City
Manager submitted a written report advising that the Roanoke Foundation for
Downtown, Inc., (RFDI), submitted an application, at the encouragement of
Congressman Bob Goodlatte's Office in January 1998, seeking amendment to the
Transportation Equity Act for the 21't Century (TEA-21) legislation to include
transportation funds for the Roanoke Passenger Station Renovation project; and the
project received an allocation of $500,000.00 from the High Priority Project funds for
renovation of the Roanoke Passenger Station.
It was further advised that the $500,000.00 is provided over six years which
is not a direct Federal grant, but a reimbursement program; upon execution of all
appropriate agreements, 80 per cent of expenditures incurred are reimbursed by
Federal funds; the 80 per cent Federal funds require a 20 per cent match of
$125,000.00; the Federal Highway Administration views the Virginia Department of
Transportation (VDOT) as the recipient agency; and VDOT views the City of Roanoke
as the responsible entity to implement the improvement.
It was stated that Council endorsed the Roanoke Passenger Station
Renovation Project on January 19, 1999, and agreed to pay 20 per cent of the total
cost as required by VDOT; the City's match would be provided by RFDI; Council
400
authorized execution of separate agreements with VDOT and RFDI for the project;
on July 3, 2000, Council also authorized an agreement with JDL Castle Corporation
when it appeared the Company would be the entity responsible for the project;
however, JDL Castle Corporation did not become the responsible entity due to the
Roanoke Passenger Station building and property being sold by RFDI to the Western
Virginia Foundation for the Arts and Sciences (WVFAS); and WVFAS has plans to
develop the Roanoke Passenger Station Building.
It was explained that legal requirements include authorization from Council
to execute an agreement with WVFAS in place of JDL Castle Corporation; in addition
to a City/State Agreement by which the State holds the City as the responsible
agency for the project, WVFAS would enter into a separate agreement with the City
by which it would fulfill all of the obligations undertaken by the City, and perform all
of the tasks undertaken by the City, by virtue of the City's execution of the City/State
Agreement and will comply with each of the requirements set forth in the Agreement
and all Federal and State regulations and requirements applicable to all work
performed on the Project, including performing, or contracting to perform, tasks
relating to the construction of the Project, and procuring consultant services
contracts and construction contracts, in accordance with the Virginia Public
Procurement Act.
it was pointed out that in addition WVFAS's funding plan, a request has been
made that the City pledge $1,500,000.00 to the first two phases of the project, which
is estimated at $8,789,900.00; it has been requested that the City provide $250,000.00
to WVFAS which is available in the General Fund Transfers to Capital Projects Fund;
such funding would not represent a commitment to WVFAS for the remaining
$1,250,000.00 which would be subject to further discussion during the upcoming
budget review process and Council's financial planning session; and the
$500,000.00 of TEA-21 funds need to be appropriated (to be reimbursed by VDOT),
with an additional $250,000.00 appropriated from Transfers to Capital Projects, to an
account to be established by the Director of Finance for disbursement to WVFAS.
The City Manager recommended that she be authorized to execute, on behalf
of the City, a legally binding agreement with Western Virginia Foundation for the Arts
requiring the organization to be fully responsible for its 20 per cent matching funds,
as well as all other obligations undertaken by the City by virtue of the City/State
Agreement; and appropriate $500,000.00 of TEA-21 funds (to be reimbursed by
VDOT) and $250,000.00 from Transfers to Capital Projects to an account to be
established by the Director of Finance for disbursement to the WVFAS.
401
Mr. Harris offered the following emergency budget ordinance:
(#35170-121800) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64, page 58.)
Mr. Harris moved the adoption of Ordinance No. 35170-121800. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................. 7.
NAYS: None ........................................................................................ 0.
Mr. Harris offered the following resolution:
(#35171-121800) A RESOLUTION authorizing the City Manager to enter into
a contract with Western Virginia Foundation for the Arts and Sciences for
development and administration of the renovations and construction improvements
to the Roanoke Passenger Station Building, committing the Western Virginia
Foundation for the Arts and Sciences to be fully responsible for the 20 per cent
matching funds, as well as all other obligations undertaken by the City by virtue of
an agreement with the Virginia Department of Transportation, upon certain terms
and conditions.
(For full text of Resolution, see Resolution Book No. 64, page 59.)
Mr. Harris moved the adoption of Resolution No. 35171-121800. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and MayorSmith ............................................................................................... 7.
NAYS: None ........................................................................................ -0.
POLICE DEPARTMENT-BUDGET-DRUGS/SUBSTANCE ABUSE-GRANTS: The
City Manager submitted a written report advising that in 1986, Congress authorized
the transfer of certain Federally forfeited property to State and local law enforcement
402
agencies that participated in the investigation and seizure of the property;
application for an equitable share of property seized by local law enforcement must
be made to the U. S. Department of Justice and certified bythe CityAttorney; and the
property, including funds shared with State and local agencies, may be used only
for the purpose stated in the application, i.e., narcotics investigations related to law
enforcement.
It was further advised that participation in the Federally forfeited property
program enhances the effectiveness of narcotics investigations by providing
necessary investigations equipment, investigative funds, overtime expenses, and
by offsetting the costs that would otherwise have to be borne by the City's
taxpayers; the Police Department receives funds periodically from the Federal
Government's Asset Sharing Program; grant requirements include that these funds
be placed in an interest bearing account and the interest earned be used in
accordance with program guidelines; and revenues totaling $87,939.00 have been
received and are available for appropriation in Grant Fund Account Nos. 035-640-
3304-3305 and 035-640-3304-3306.
The City Manager recommended that Council approve appropriation of
$87,939.00 to the Grant Fund account for Investigations and Rewards (035-640-3304-
2150) and increase the Grant Fund revenue estimate for Account No. 035-640-3304-
3305 by $86,995.00 and for Account No. 035-640-3304-3306 by $944.00.
Mr. Harris offered the following emergency budget ordinance:
(#35172-121800) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, page 61.)
Mr. Harris moved the adoption of Ordinance No. 35172-121800. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith ............................................................................................ -7.
NAYS: None ......................................................................................... -0.
403
PARKS AND RECREATION-DONATIONS/CONTRIBUTIONS.NEIGHBORHOOD
ORGANIZATIONS-GREENWAY SYSTEM: The City Manager submitted a written
report advising that the Roanoke Valley Conceptual Greenway Plan developed in
1995 and adopted into the City's Comprehensive Plan in April 1996 suggests 51
greenway corridors throughout the Roanoke Valley, of which about half go in or
through the City of Roanoke; the Greater Raleigh Court Civic League won a
Neighborhood Partnership grant to develop a plan for a route through its
neighborhood, and worked with the Roanoke Valley Greenway Commission,
Roanoke Parks and Recreation, and WhiteselI-Orrison Landscape Architects to
develop the plan; several community workshops were held, leading to a plan for a
two-mile trail connecting Patrick Henry High School, Raleigh Court Elementary
School, James Madison Middle School, Fishburn Park Elementary School, and
Virginia Western Community College via Shrine Hill Park, Woodlawn Park, and
Fishburn Park; and the entire greenway is planned on City-owned land.
It was further advised that Roanoke City Public Schools support the proposed
greenway trail as an asset supporting its educational missions by providing
convenient opportunities for access to natural areas within the City; Roanoke Parks
and Recreation considers the proposed greenway trail to be a valuable addition to
the parks system and in accordance with the Conceptual Greenway Plan; the
greenway trail will improve the pedestrian transportation network by providing an
off-road connection where none currently exists from Grandin Road across
Brambleton Avenue to Colonial Avenue; the Civic League proposes to build Phase
One of the greenway trail from the Patrick Henry High School track to the exi=ting
footbridge in Fishburn Park; estimated value of the project is $55,300.00, of which
100 per cent will be donated by or through the Greater Raleigh Court Civic League;
and the project includes construction of a four-foot-wide natural surface trail from
the vicinity of the Patrick Henry High School track to Montgomery Avenue, S. W., a
new footbridge in Woodlawn Park estimated at $17,000.00 in value to be built by
Jason Nanz, an Eagle Scout candidate, and a ten-foot-wide cinder trail in Fishburn
Park to the existing footbridge.
It was stated that also included in the Greater Raleigh Court Civic League
donation will be appropriate trailside amenities such as benches and trash cans;
responsibilities for ongoing maintenance of the greenway trail will be divided
between Roanoke Parks and Recreation and Roanoke City Public Schools, with each
maintaining portions of the trail on properties controlled by them; both will work in
partnership with the Greater Raleigh Court Civic League and Pathfinders for
Greenways to establish a volunteer base to perform basic maintenance tasks
404
appropriate to volunteers; Roanoke Parks and Recreation will submit a supplemental
budget request at the appropriate time for costs of other maintenance work
estimated at $10,000.00 - $15,000.00 per year; the Civic League has stated its
eagerness to begin construction of the greenway trail immediately and to complete
Phase One in the Spring of 2001; and the Raleigh Court Civic League has agreed to
the terms of as set forth in the proposed permit.
The City Manager recommended that Council accept donations of labor and
materials offered by the Greater Raleigh Court Civic League, and that she be
authorized to execute a permit, to be approved as to form by the City Attorney, that
will allow the Raleigh Court Civic League to construct the greenway trail and
amenities.
Mr. Carder offered the following resolution:
(#35173-121800) A RESOLUTION accepting the donation to the City of
Roanoke from the Greater Raleigh Court Civic League of labor and materials for
construction of Phase I of the greenway trail in the Raleigh Court area, and
authorizing execution of a permit to allow the Civic League to construct the
greenway trail and amenities in that area.
(For full text of Resolution, see Resolution Book No. 64, page 62.)
Mr. Carder moved the adoption of Resolution No. 35173-121800. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith .................................................................................. -7.
NAYS: None .............................................................................. -0.
BUDGET-CMERP-CITY INFORMATION SYSTEMS-EQUIPMENT: The City
Manager submitted a written report advising that based on a previous report dated
October 2, 2000, Council approved a recommendation that $1,101,205.00 of the
Fiscal Year 1999-2000 General Fund balance designated for the Capital Maintenance
and Equipment Replacement Program be allocated for technology needs; in
addition, the Department of Technology, an Internal Service Fund, has retained
earnings totaling $870,000.00 that can be allocated for a total of $1,971,205.00; the
Information Technology Committee has developed a list of priority projects and
405
equipment needs that have been determined to be both critical and supportive of the
long-range plan now under development; all items will be purchased in accordance
with requirements as set forth in Chapter 23.1, Procurement, Code of the City of
Roanoke (1979), as amended; and total funding request of $1,971,205.00 is available
as follows:
Current Year Capital Maintenance and Equipment Replacement -
$1,101,205.00; and
Department of Technology, Prior Year Retained Earnings Account -
$870,000.00.
The City Manager recommended that Council adopt an ordinance to
appropriate funds to new or existing project accounts to be established by the
Director of Finance to address high priority technology needs and enhancements of
the City.
Mr. Harris offered the following emergency budget ordinance:
(#35174-121800) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General, Capital Projects and Department of Technology Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, page 63.)
Mr. Harris moved the adoption of Ordinance No. 35174-121800. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and Mayor Smith .............................................................................................. -7.
NAYS: None ......................................................................................... 0.
DIRECTOR OF FINANCE:
BUDGET-HUMAN DEVELOPMENT-HOUSING/AUTHORITY-GRANTS-HOTEL
ROANOKE CONFERENCE CENTER-PARKING GARAGES: The Director of Finance
submitted a written report advising that by agreement with the City of Roanoke, the
Roanoke Redevelopment and Housing Authority administers a large segment of the
406
City's Community Development Block Grant program; the Housing Authority
receives program income during the course of its administration of various projects
through the sale of land and the receipt of loan repayments from project area
residents; the Housing Authority is required to transfer such program income to the
City of Roanoke, and the City is required to use the income for eligible community
development activities.
It was further advised that the Housing Authority has made payments to the
City, in the amount of $74,476.00, from January 1, 2000 to November 30, 2000, in
excess of revenue estimates previously adopted, and of this amount, $12,593.00
resulted from the sale of property, $40,705.00 in parking lot rental, and $21,178.00
from various loan repayment programs; the City has received miscellaneous
program income as follows and amounts represent the difference between what was
actually received and the amount that was previously adopted based on repayment
estimates.
$260,728.00 from Hotel Roanoke, L.L.C., for loan repayment and interest
on the $6,000,000.00 Section 108 loan from the U. S. Department of ·
Housing and Urban Development. During fiscal year 2001, Hotel
Roanoke, L.L.C., made payment totaling $500,728.00, of which
$138,166.00 was principal and $362,562.00 was interest; and
$13,293.00 in various loan repayments, $4,769.00 in demolitions
revenue and $497.00 in mini-grant refunds; the amount received in
fiscal year 2000 from the Williamson Road Parking Garage was
$13,280.00 less than anticipated; thus, the corresponding revenue
budget needs to be decreased by $13,280.00.
The Director of Finance recommended that Council appropriate $340,483.00
in unanticipated CDBG program income as follows:
Unprogrammed CDBG -
RRHA - FY00
Unprogrammed CDBG -
Section 108 Loan
Repayment - FY01
Unprogrammed CDBG -
Other - FY01
(035.G00-0040-5197)
(035-G01-0140-5188)
(035-G01-0140-5189)
$45,219.00
260,728.00
6,416.00
407
Unprogrammed CDBG -
RRHA - FY01
(035-G01-0140 -5197)
28,120.00
The amounts being appropriated to unprogrammed accounts will be
available for future appropriation for eligible community development
purposes.
The Director of Finance stated that the Housing Authority also administers a
segment of the City's HOME program; assistance provided by the Housing Authority
is predominantly in the form of Iow- or no-interest active and deferred loans to
eligible homeowners and homebuyers; loan repayments constitute program income
to the City's HOME program; and as of November 30, 2000, loan repayments
received in excess of the budget estimate equal $40,040.00.
The Director of Finance recommended that Council appropriate $11,435.00 to
Unprogrammed HOME - Fiscal Year 2000, Account No. 035-090-5322-5320 and
$28,605.00 to the Unprogrammed HOME - Fiscal Year 2001, Account No. 035-090-
5323-5320, which will be available for future appropriation for eligible HOME
activities.
Mr. Harris offered the following emergency budget ordinance:
(#35175-121800) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, page 66.)
Mr. Harris moved the adoption of Ordinance No. 35175-121800. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members White, Wyatt, Bestpitch, Carder, Harris, Hudson
and MayorSmith ............................................................................................... 7.
NAYS: None ....................................................................................... -0.
AUDITS/FINANCIAL REPORTS-PENSIONS: The Director of Finance submitted
a written report transmitting the Comprehensive Ann ual Financial Report for the City
of Roanoke and the City of Roanoke Pension Plan for the year ended June 30, 2000.
408
Without objection by Council, the Mayor advised that the reports would be
received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION
RESOLUTIONS: NONE.
OF ORDINANCES AND
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
COMMITTEES: Council Member Bestpitch inquired about the status of
vacancies on certain Council-appointed authorities, boards, commissions and
committees; whereupon, the Mayor advised that he will present a proposal at the
meeting on Tuesday, January 2, 2001, for the Council's consideration.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
The Mayor advised that Council sets this time as a priority for citizens to be
heard and it is a time for Council to listen; and matters requiring referral to the City
Manager will be referred, immediately, for any necessary and appropriate response,
recommendation or report to Council.
TRAFFIC-NEIGHBORHOOD ORGANIZATIONS: V. Lee Wolfe, President,
Gainsboro Neighborhood Alliance, 206 Rutherford Court, N. W., expressed
disappointment that Council has endorsed the 1-73 project. She advised that the City
already has an Interstate, which, according to Council's reasoning, is an important
element to the City's economic future; surrounding local governments have taken
positions against their western and eastern options; 1-581 has caused blight, as well
as a separation of southeast neighborhoods from the City of Roanoke; further
infringement on the community is not desirable; and 1-73 will destroy Roanoke City
along 1-581.
409
Ms. Wolfe called attention to the fact that Council has not responded to
questions and/or concerns that were raised in July and August 2000, nor has
Council met with the Presidents Council to discuss various concerns. She stated
that hundreds of citizens have registered opposition with the Virginia Department
of Transportation and the Gainsboro Neighborhood Alliance is not in favor of further
air, water or land pollution. She further stated that Council should manage plans to
decongest traffic, not add to the traffic, to improve the physical appearance of the
Roanoke Valley, to consider ways to deconstruct concrete pillars, asphalt and
railings, and use the space for greenways, shrubs and tree plantings. She added
that the function of government is to protect citizens, and perceived economic
benefits should not take precedence over the public's health.
In closing, she requested that Council reconsider its endorsement and oppose
1-73 along the 1-581 route.
It was the consensus of Council that the remarks of Ms. Wolfe would be
referred to the City Manager.
At 6:25 p.m., the Mayor declared the meeting in recess to be reconvened at
7:00 p.m.
On Monday, December 18, 2000, at 7:00 p.m., the Roanoke City Council
reconvened in regular session in the Governor's School Lecture Hall, Patrick Henry
High School, 2102 Grandin Road, S. W., City of Roanoke, with the following Council
Members in attendance, Vice-Mayor Carder presiding.
PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch, C. Nelson
Harris, W. Alvin Hudson, Jr., and Vice-Mayor William H. Carder ............................. 5.
ABSENT: Council Member William White, Sr., and Mayor Ralph K. Smith ..... -2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Council Member Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Vice-Mayor Carder.
410 -
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Monday, December 18, 2000, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on the request of Bernard W. Abbott that a certain section of Edge Hill
Avenue, S. E., extending in a westerly direction from 19t' Street, for an approximate
distance of 210 feet to the intersection with 18th Street, be permanently vacated,
discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, December 1, 2000, and Friday, December 8, 2000.
A report of the City Planning Commission advising that the applicant owns
and occupies the premises at 420 18th Street, S. E., and both parcels of land abut
upon the southerly side of the above described section of Edge Hill Avenue, S. E.;
City-owned public property, Fallon Park, abuts the northerly side of the subject
section of Edge Hill Avenue; and the petitioner states that the land within the subject
right-of-way has been maintained, i.e., mowed, kept clean, etc., by his family for two
generations (50 years or more), was before Council.
The City Planning Commission recommended that Council approve the
request to close and permanently vacate the above described section of Edge Hill
Avenue, S. E., subject to certain conditions as more fully set forth in the report.
Mr. Harris moved that the following ordinance be placed upon its first reading:
(#35176) AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as more particularly
described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 64, page 68.)
The motion was seconded by Mr. Bestpitch.
Bernard W. Abbott, Petitioner, appeared before Council in support of his
request.
411
The Vice-Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none, Ordinance No. 35176
was adopted, on its first reading, by the following vote:
AYES: Council Members Harris, Hudson, Wyatt, Bestpitch, and Vice-Mayor
Carder ........................................................................................................... 5.
NAYS: None ......................................................................................... -0.
(Mayor Smith and Council Member White were absent.)
Without objection by Council, the Vice-Mayor advised that the public hearing
would be closed.
CITY CODE-ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Monday, December 18, 2000, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on a request of the City of Roanoke, to consider an amendment to
Division 5, Special District Requlations, Article III, District Requlations, Chapter 36.1,
Zoninq, Code of the City of Roanoke (1979), as amended, to include a subdivision
entitled Subdivision H, INPUD. Institutional Planned Unit Development District, and
to amend and reordain Section 36.1-562, Standards, Division 12, Group Care
Facilities, Article IV, Supplementary Recjulations, Chapter 36.1, Zonincj, Code of the
City of Roanoke (1979), as amended, to provide for a new institutional planned unit
development district, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, December 1, 2000, and Friday, December 8, 2000.
The Vice-Mayor inquired if there were persons in attendance who would like
to speak to the matter. No person asked to be heard.
It was the consensus of Council to refer the matter back to the City Planning
Commission for further study, report and recommendation to Council.
EASEMENTS-CABLE TELEVISION-WATER RESOURCES-STREETSAND
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,
December 18, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard,
412
on the request of the City of Roanoke, to grant an easement across City-owned
property located at 5t' Street and Luck Avenue, S. W., to Cox Communications, Inc.,
to install, operate and maintain a concrete pad and electronics cabinet, the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, December 10, 2000.
A report of the Water Resources Committee advising that Cox
Communications, Inc., has requested an easement to locate an electrical equipment
cabinet on City-owned property located at 5t' Street and Luck Avenue, S. W., which
will permit installation of a concrete pad and an electronics cabinet, approximately
32" x 26" x 72" high, was before Council.
Mr. Harris moved that the following ordinance be placed upon its first reading:
(#35177) AN ORDINANCE authorizing the granting of an easement across
City-owned property located at 5th Street and Luck Avenue, S. W., to Cox
Communications, Inc., for installation of a concrete pad and electrical equipment
cabinet to provide telecom circuit protection, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 64, page 70.)
The motion was seconded by Mr. Bestpitch.
The Vice-Mayor inquired if thers were persons present who would like to
address Council with regard to the request. There being none, Ordinance No. 35177
was adopted, on its first reading, by the following vote:
AYES: Council Members Harris, Hudson, Wyatt, Bestpitch and Vice-Mayor
Carder .................................................................................... -5.
· NAYS: None ....................................................................... -0.
(Mayor Smith and Council Member White were absent.)
With objection by Council, the Vice-Mayor advised that the public hearing
would be closed.
413
EASEMENTS-CITY PROPERTY-TELEPHONE COMPANIES-EQUIPMENT-
SCHOOLS-WATER RESOURCES: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing
for Monday, December 18, 2000, at 7:00 p.m., or as soon thereafter as the matter may
be heard, on a request of the City of Roanoke to grant a 15-foot easement across
City-owned property to Verizon for installation of underground facilities to upgrade
telephone service to Lincoln Terrace Elementary School, the matter was before the
body.
Legal advertisement of the public hearing was published in The Roanoke.
Times on Sunday, December 10, 2000.
A report of the Water Resources Committee advising that Verizon has
requested a 15-foot easement across the Lincoln Terrace Elementary School
property for installation of underground facilities to provide upgraded telephone
service to the School; the Roanoke City School Administration has reviewed the
proposed easement area, and on October 10, 2000, the School Board approved the
easement and recommended that the Water Resources Committee grant the
easement request, was before Council.
Mr. Harris moved that the following ordinance be placed upon its first reading:
(#35178) AN ORDINANCE authorizing the donation and conveyance of a
15-foot easement across City owned property known as the Lincoln Terrace
Elementary School site to Verizon, for installation of underground facilities, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 64, page 71.)
The motion was seconded by Mr. Bestpitch.
The Vice-Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none, Ordinance No. 35178
was adopted, on its first reading, by the following vote:
AYES: Council Members Harris, Hudson, Wyatt, Bestpitch and Vice-Mayor
Carder- ....................................................................................................... 5.
NAYS: None .......................................................................................... -0.
(Mayor Smith and Council Member White were absent.)
414
Without objection by Council, the Vice-Mayor advised that the public hearing
would be closed.
LICENSES-WATER RESOURCES-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, December 18, 2000, at 7:00 p.m., or
as soon thereafter as the matter may be heard, on a request of Ms. Mary Rappaport
with regard to granting a revocable license to allow construction of a parking area
encroaching approximately 25 feet into the public right-of.way of Peters Creek Road,
N. W., the matter was before Council.
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, December 10, 2000.
A report of the Water Resources Committee advising that the property owner
of 1313 Peters Creek Road, N. W., has requested permission to install an asphalt
parking area in the front yard of the existing structure; the proposed parking area
will encroach approximately 25 feet into the right-of-way of Peters Creek Road; the
property owner has requested a revocable license to allow the parking area to be
constructed in the right-of-way; and the parking area would be consistent with
parking areas on the two adjacent properties, was before Council.
Mr. Bestpitch moved that the following ordinance be placed upon its first
reading:
(#35179) AN ORDINANCE granting a revocable license to permit the
construction and encroachment of a paved parking area 25 feet into the public
right-of-way in front of the property located at 1313 Peters Creek Road, N. W., and
bearing Official Tax No. 2770604, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 64, page 72.)
The motion was seconded by Mr. Harris.
Mary Rappaport, Petitioner, appeared before Council in support of the request.
The Vice-Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none, Ordinance No. 35179
was adopted, on its first reading, by the following vote:
415
AYES: Council Members Harris, Hudson, Wyatt, Bestpitch and Vice-Mayor
Carder ............................................................................................................ 5.
NAYS: None ........................................................................................ --0.
(Mayor Smith and Council Member White were absent.)
Without objection by Council, the Vice-Mayor advised that the public hearing
would be closed.
LEASES-WATER RESOURCES: Pursuant to Resolution No. 25523 adopted by
the Council on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, December 18, 2000, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the request of the City of Roanoke to lease a 12.17.acre
tract of City-owned property located along Back Creek in Roanoke County and
identified by Roanoke County Tax No. 089.00-03-36.00-0000 for agricultural
purposes, to Ms. Sandra Rouse for a term of five years, the matter was before the
body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, December 10, 2000.
A report of the Water Resources Committee advising that several properties
along Back Creek in Roanoke County were acquired in the late 1970's to enable
future development of a reservoir; there are no immediate plans to develop the
reservoir and the property is currently vacant; and Ms. Sandra Rouse, an adjacent
property owner of one of the parcels of land containing 12.17 acres, has requested
an agricultural lease to provide pasture for horses, was before Council.
It was further advised that grazing on the tract will serve the primary purpose
of keeping the land cleared and eliminating the need for City forces to provide
maintenance; lease rate for agricultural property is $10.00 per acre, per year, which
will yield an annual revenue of $121.70; lessees will be required to erect and
maintain fencing as necessary, removal of the fence at the City's request upon
termination of the lease, and assume all liability for damage to and by their actions
or actions of their livestock, machinery, equipment, employees, and guests.
416 --
Mr. Harris moved that the following ordinance be placed upon its first reading:
(#35180) AN ORDINANCE authorizing the proper City officials to enter into a
lease agreement between the City and Sandra Rouse, for use of a 12.17-acre tract
of land for agricultural purposes, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 64, page 74.)
The motion was seconded by Mr. Bestpitch.
The Vice-Mayor inquired if there were persons present who would like to
address Council with regard to the request. There being none, Ordinance No. 35180
was adopted, on its first reading, by the following vote:
AYES: Council Members Harris, Hudson, Wyatt, Bestpitch and Vice-Mayor
Carder ................................................................................................. 5.
NAYS: None .......................................................................................... -0.
(Mayor Smith and Council Member White were absent.)
Without objection by Council, the Vice-Mayor advised that the public hearing
would be closed.
There being no further business, the Vice-Mayor declared the meeting
adjourned at 7:20 p.m.
APPROVED ~~
ATTEST: ~,(~,,
Mary F. Parker Ralph K. Smith
City Clerk Mayor
417
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January 2, 2001
12:15 p.m.
The Council o f t he City o f Roanoke m et i n regular session o n Tuesday,
January2, 2001, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S.W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant
to Chapter2, Administration, Article II, City Council, Section 2-15, Rules of,
Procedure, Rule 1, Regular Meetin.qs, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch,
William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., and
Mayor Ralph K. Smith ................................................................................... 7.
ABSENT: None .................................................................................. 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D.
Ritchie, Sr., Deputy City Manager; William M. Hackworth, City Attorney; James D.
Grisso, Director of Finance; and Mary F. Parker, City Clerk.
CITY ATTORNEY-COUNCIL: A communication from the City Attorney
requesting that Council convene in a Closed Meeting to consult with legal
counsel on a matter of actual litigation, pursuant to Section 2.1-344(A)(7), Code of
Virginia (1950), as amended, was before the body.
Mr. Carder moved that Council concur in the request of the City Attorney to
convene in a Closed Meeting to consult with legal counsel on a matter of actual
litigation, pursuant to Section 2.1-344(A)(7), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith .......................................................................................... 7.
NAYS: None ....................................................................................... 0.
COMMITTEES.COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss vacancies on
various authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.1-344(A)(1), Code of Virginia (1950), as amended, was
before the body.
418
Mr. White moved that Council concur in the request of the Mayor to
convene in a Closed Meeting to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section
2.1-344(A)(7), Code of Virginia (1950), as amended. The motion was seconded by
Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ......................................................................................... -7.
NAYS: None ....................................................................................... 0.
CITY ATTORNEY-CITY CLERK-DiRECTOR OF FINANCE: A communication
from the Honorable C. Nelson Harris, Chair, City Council Personnel Committee,
requesting that Council convene in a Closed Meeting to discuss the performance
of three Council-Appointed Officers, pursuant to Section 2.1-344(A)(1), Code of
Virginia (1950), as amended, was before the body.
Mr. Carder moved that Council concur in the request of Council Member
Harris as above described. The motion was seconded by Mr. Bestpitch and
adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ......................................................................................... -7.
NAYS: None ....................................................................................... 0.
At 12:20 p.m., the Mayor declared the meeting in recess.
At 2:00 p.m., on Tuesday, January 2, 2001, the regular meeting of Roanoke
City Council reconvened in the City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 2 15 Church Avenue, S. W., City o f Roanoke, Virginia, with
Mayor Smith presiding, pursuant to Chapter 2, Administration, Article Il, City
Council, Section 2-15, Rules of Procedure, Rule 1, Requiar Meetings, Code of the
City of Roanoke (1979), as amended.
PRESENT: Council Members Linda F. Wyatt, William D. Bestpitch,
William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., and
Mayor Ralph K. Smith .................................................................................. -7.
ABSENT: None ................................................................................. -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Deputy City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
419
The reconvened meeting was opened with a prayer by Council Member
C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Smith.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, the item would be removed from the Consent Agenda and considered
separately.
MINUTES: Minutes of the regular meetings of Council held on Monday,
July 3, 2000, Monday, July 17, 2000; and the Council's Planning Retreat held on
July 20-2'1, 2000, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Harris moved that the reading of the Minutes be dispensed with and
that the Minutes be approved as recorded. The motion was seconded by Mr.
Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith .......................................................................................... 7.
NAYS: None ...................................................................................... -0.
ARMORY/STADIUM: A communication from the City Manager requesting
that the City Clerk be authorized to advertise a public hearing with regard to
Victory Stadium for Monday, January 29, 200'1, at 7:00 p.m., or as soon thereafter
as the matter may be heard, in the City Council Chamber, was before the body.
Mr. Harris moved that Council concur in the request of the City Manager.
The motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith .......................................................................................... 7.
NAYS: None ....................................................................................... 0.
420
TRAFFIC: A communication from the City Manager requesting that the City
Clerk be authorized to advertise a public hearing with regard to 1-73 for Tuesday,
January 16, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard,
in the City Council Chamber, was before the body.
Mr. Harris moved that Council concur in the request of the City Manager.
The motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ......................................................................................... -7.
NAYS: None ...................................................................................... -0.
AUDIT-MUNICIPAL AUDITOR-COMMITTEES: Minutes of the Audit
Committee meeting which was held on Monday, December 4, 2000, were before
Council.
filed.
vote:
Mr. Harris moved that the Minutes of the Audit Committee be received and
The motion was seconded by Mr. Bestpitch and adopted by the following
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ......................................................................................... -7.
NAYS: None ....................................................................................... 0.
AUDITS-BUSES-COMMITTEES: Minutes of the Greater Roanoke Transit
Company Audit Committee meeting which was held on Monday, December 4,
2000, were before Council.
Mr. Harris moved that the Minutes of the Greater Roanoke Transit Company
Audit Committee be received and filed. The motion was seconded by Mr.
Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ......................................................................................... 7.
NAYS: None ...................................................................................... -0.
421
INDUSTRIES-VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY
AUTHORITY-OATHS OF OFFICE-COMMITTEES: The following reports of
qualification were before Council:
Elizabeth Neu as a City representative to fill the unexpired term of
Phillip F. Sparks, resigned; and William D. Bestpitch as a City
representative to fill the unexpired term of James O. Trout, deceased,
as members of Virginia's First Regional Industrial Facility Authority,
ending September 24, 2002; and
Elizabeth Neu as a member of the Economic Development
Commission, to fill the unexpired term of Phillip F. Sparks, resigned,
ending June 30, 2001.
Mr. Harris moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith .......................................................................................... 7.
NAYS: None ....................................................................................... 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATION: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
AIR POLLUTION CONTROL-ENVIRONMENTAL POLICY-LEGISLATION-
WATER RESOURCES-SEWERS AND STORM DRAINS: The City Manager called
upon John G. Reed, Civil Engineer, II, a briefing on the National Pollution
Discharge Elimination System, Phase II (NPDES), Project.
Mr. Reed advised that a new law under the Environmental Protection
Agency's Clean Water Act will have a significant impact with regard to the
handling of storm water in the Roanoke Valley; municipalities will be responsible
for their storm water system, as well as the quality of water that is discharged
from t he system; a nd t he goal o f t he new I aw i s t o support c leaner water for
creeks and rivers in the Roanoke Valley that extend beyond jurisdictional
422
boundaries into the Counties of Montgomery, Roanoke and Botetourt; and the
City has been working in conjunction with the City of Salem, Roanoke County and
the Town of Vinton with regard to preliminary issues of compliance.
Mr. Reed introduced Elizabeth Treadway, senior consultant, Emek, Birth
and Environmental Consultants, to provide specific information pertaining to the
new requirement.
Ms. Treadway advised that the National Pollution Discharge Elimination
System (NPDS) is a series of complex regulations dealing with specific points of
discharge into receiving streams of industrial and municipal wastewater; and the
intent of the Clean Water Act was to address, comprehensively, all points of
discharge, including surface water run off from farms and urban environments
which contributed to the degradation of creeks, streams and rivers; and the
NPDES storm water focuses on two primary pollutants: exposure rain water and
non-storm water related items.
She further advised that the pollution which is now being carried within the
drainage system is probably the last largest single contributor to water quality
degradation, and this is where localities have to change the overall health and
condition of receiving streams, lakes, ponds, or any body of water that is deemed
by the EPA as a body of water to be protected; the EPA and the Virginia
Department of Environmental Quality are now regulating stormwater quality for
localities with populations of less than 100,000; and in December 1999, the City
was given approximately three years to establish a program, under a permit to be
issued by the Department of Environmental Quality, to implement programmatic
strategies to address the following:
Public education
Public participation and involvement
Illicit discharge detection and elimination
Construction site management
Post construction controls
Pollution prevention/good housekeeping practices for City operations'
Ms. Treadway added that effective March 10, 2003, localities in the Roanoke
Valley, which include the Cities of Roanoke and Salem, the Counties of Roanoke
and Botetourt, and the Town of Vinton will be required to comply with Phase II
provisions of the Clean Water Act and to obtain a NPDES permit for stormwater
quality and initiate compliance; the cost for water quality has been estimated
from $1.70 to $7.60 per capita, and stormwater quantity and quality programs
have been estimated at $60.00 to $100.00 per acre for a comprehensive approach
to manage stormwater.
423
In closing, she pointed out that once the permit application has been filed,
localities will have approximately five years to ensure that the six program
elements mentioned above are implemented.
Mr. White called attention to an article in the Council's Update advising of a
survey with regard to storm drainage issues in the Forest Park neighborhood,
and inquired as to whether the residents have been contacted concerning the
inspection; whereupon, Mr. Reed responded that notification letters will be sent
to each property owner and a neighborhood forum is scheduled to address
questions and/or concerns.
Mr. Bestpitch referred to a news report with regard to a number of localities
that have encountered high levels of ecoli and other forms o f bacteria, which
were traced back to animal waste, and inquired if the City needs to educate its
citizens about the impact of pet waste washing into the drainage system;
whereupon, Ms. Treadway responded in the affirmative and encouraged the
promotion of public education, especially for youth.
There being no further discussion, the Mayor advised that without
objection by Council, the remarks would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
EMERGENCY SERVICES: The City Manager submitted a communication
advising that during times of disaster, localities throughout the Commonwealth of
Virginia have relied u pon assistance from other jurisdictions in responding to
emergency situations; localities have loaned both equipment and personnel to
deal with forest fires, chemical spills, flooding and weather-related disasters, etc.,
but financial cost and liability issues have often delayed or even prevented the
sharing of resources; and existing formal mutual aid agreements, generally
pertain to public safety issues, even though most major disasters require a wide
range of responses, such as solid waste vehicles, real estate assessors,
engineers, building officials and utility crews.
It was further advised that the Virginia Department of Emergency
Management has developed a Statewide Mutual Aid Program which was approved
at the year 2000 Virginia General Assembly Session to resolve liability and
reimbursement issues before a disaster, and to quickly allow two or more
localities to enter into a mutual aid agreement or contract; and governing bodies
may enter into an authorizing resolution, effective for one year, automatically
renewable for successive one year terms.
424
It was stated that the resolution addresses liability issues and establishes
simple procedures to ensure proper reimbursement and auditing; to be eligible
for assistance under the Program, a locality must have adopted an authorizing
resolution before an emergency situation occurs; representatives from the four
Roanoke Valley governments, public safety and public works agencies, have met
to review the plan and recommend participation in the program; and staff
recommended that if one of the four governments receives a request under the
Program, it should be referred to the other three governments to ensure that
resources are not depleted in any one of the four localities.
it was explained that upon deployment, guidance and assistance with
implementation and reimbursement is available through the Department of
Emergency Management; there is no fiscal impact to approving the authorizing
resolution, and the program is entirely voluntary; and in most cases, any
government providing assistance during a declared disaster will be reimbursed
for expenses incurred in helping other jurisdictions, either by that jurisdiction, or
by the State or Federal government.
The City Manager recommended t hat Council agree t o participate i n t he
Statewide Mutual Aid Agreement and that the City Manager be authorized to
execute any required documents.
Mr. Harris offered the following resolution:
(#35181-010201) WHEREAS, the Commonwealth of Virginia Emergency
Services and Disaster Law of 2000, as amended, (Title 44, Chapter 3.2, of the
Virginia Code) authorizes the Commonwealth and its political subdivisions to
provide emergency aid and assistance in the event of a major disaster.
(For full text of Resolution, see Resolution Book No. 64, Page 75.)
Mr. Harris moved the adoption of Resolution No. 35181-010201. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Hudson, Harris, White
and Mayor Smith ......................................................................................... -7.
NAYS: None ...................................................................................... -0'
425
NEIGHBORHOOD ORGANIZATIONS: The City Manager submitted a
communication advising that in December 1999, the City of Roanoke entered into
an agreement with the Roanoke Neighborhood Development Corporation (RNDC)
and the Roanoke Redevelopment and Housing Authority (RRHA); the RNDC was
created to improve, develop and redevelop certain blighted and unsightly lots in
the Henry Street areas, commonly referred to as the Gainsboro Redevelopment
Area; and the agreement obligated the City to provide $375,000.00 in General
Funds as a capital contribution to be matched by RNDC.
It was further advised that RNDC was given until December 31, 2000, to
raise the $75,000.00 needed to match the initial grant amount of $75,000.00,
however, the agreement also set forth a provision that the City, at RNDC's
request, may grant a six-month extension; and a communication from RNDC
provides an update on the group's progress and requests an extension to move
the date of performance to June 30, 2001.
The City Manager recommended that she be authorized to extend the
RNDC contract for six months as provided in the original contract.
Mr. White offered the following resolution:
(#35182-010201) A RESOLUTION approving the extension of the deadline
of the three-party agreement by and among the City of Roanoke, the Roanoke
Neighborhood Development Corporation (RNDC) and the City of Roanoke
Redevelopment Housing Authority (RRHA) by six months regarding the
completion of the development and redevelopment of certain blighted and
unsightly areas in the City, and authorizing the City Manager to execute the
requisite extension agreement.
(For full text of Resolution, see Resolution Book No. 64, Page 83.)
Mr. White moved the adoption of Resolution No. 35182-010201. The motion
was seconded by Mr. Carder.
Mr. Hudson expressed concern with regard to the City having spent in
excess of $400,000.00 on the RNDC project with taxpayers' money, and inquired
as to any requirements for a match to the recent request by RNDC for an
additional $75,000.00.
426
The City Manager responded that Council was provided with a status report
from Stan Hale, Project Manager, outlining a timeline for the project; a significant
amount of investment in the RNDC project has been Community Development
Block Grant (CDBG) funds, not City funds; and a large portion of funds was spent
working with community groups to manage and to develop the first phase of the
Crew Suites Building, an office building which is intended to have approximately
45,000 square feet, with the City committed to leasing 15,000 square feet of the
facility.
The City Manager advised that the amendment currently before the Council
is a six month extension for the Roanoke Neighborhood Development
Corporation to provide evidence that it has met the cash match of $75,000.00 that
was the City, advanced by and the $300,000.00 escrow funds referenced in the
document will be forwarded to RNDC upon commencement of construction of the
facility; and the $75,000.00 advancement was used toward development of t he
project, architectural and engineering drawings, leases, etc. She further advised
that the $25,000.00 from the General Fund was appropriated when the City was
notified that CDBG funds could no longer be used in connection with the project,
and therefore, it was recommended that the remaining $55,000.00 in CDGB funds
be substituted with General Fund monies, and, in turn, reallocate the CDBG funds
to the Kuumba Community Health and Wellness Center.
Ms. Wyatt pointed out that the people involved in the project have worked
diligently, and part of the handicap is that the project has gone through three City
Managers, along with several other changes, and the project has been held to a
level of accountability that has not been placed on other projects.
Mr. White stated that the matter should be addressed by the entire Council
and suggested that the City Manager schedule a work session to resolve various
issues.
Following discussion, it was the consensus of the Council that a briefing
will be scheduled at a future 2:00 p.m. Council meeting with regard to the
Roanoke Neighborhood Development Corporation Project, including financial
information on the amount of funds appropriated by the City to the project since
inception and its accomplishments to date.
There being no further discussion a nd/or comments by the Members of
Council, Resolution No. 35182-010201 was adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith .......................................................................................... 7.
NAYS: None ...................................................................................... -0'
427
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of
Finance submitted the Financial Report for the City of Roanoke for the month of
November, 2000.
Council Member White questioned the Civic Center fund budget, which
reflects an operating loss of approximately $736,522.00 in fiscal year 2001,
compared to $640,744.00 in fiscal year 2000, and requested an explanation
regarding the increased deficit. The Director of Finance advised that he would
provide Council with additional information.
Also pertaining to the Civic Center, Council engaged in a discussion
regarding a new policy in connection with the addition of $1.00 per ticket in lieu of
a parking fee, the new policy regarding sale of alcohol, and the Civic Center rental
fee policy; whereupon, Council Member Wyatt requested that the Roanoke Civic
Center Commission review the policy of imposing $1.00 per ticket on each
ticketed event, in lieu of a parking fee.
The City Manager suggested that Council meet with the Roanoke Civic
Center Commission to discuss the above-referenced topics, as well as pending
future needs relative to expansion and parking at the Civic Center.
There being no further discussion a nd/or comments by the Members of
Council, the Mayor advised that the Financial Report for the month of November
would be received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION
RESOLUTIONS:
AND CONSIDERATION OF ORDINANCES AND
STREETS AND ALLEYS: Ordinance No. 35176 permanently vacating,
discontinuing and closing a certain section of Edge Hill Avenue, S. E., extending
in a westerly direction from 19th Street, for an approximate distance of 210 feet to
the intersection with 18th Street, having previously been before the Council for its
first reading on Monday, December 18, 2000, read and adopted on its first reading
and laid over, was again before the body, Mr. Bestpitch offering the following for
its second reading and final adoption:
428
(#35176-010201) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 64, page 68.)
Mr. Bestpitch moved the adoption of Ordinance No. 35176-010201.
motion was seconded by Mr. Harris and adopted by the following vote:
The
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ......................................................................................... -7.
NAYS: None ....................................................................................... 0.
EASEMENTS-STREETS AND ALLEYS-CABLE TELEVISION-WATER
RESOURCES: Ordinance No. 35177 authorizing the granting of an easement
across City-owned property located at 5th Street and Luck Avenue, S. W., to Cox
Communications, Inc., for installation of a concrete pad and electrical equipment
cabinet to provide telecom circuit protection, upon certain terms and conditions,
having previously been before the Council for its first reading on Monday,
December 18, 2000, read and adopted on its first reading and laid over, was again
before the body, Mr. Harris offering the following for its second reading and final
adoption:
(#35177-010201) AN ORDINANCE authorizing the granting of an easement
across City-owned property located at 5th Street and Luck Avenue, S. W., to Cox
Communications, Inc., for installation of a concrete pad and electrical equipment
cabinet to provide telecom circuit protection, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 64, page 70.)
Mr. Harris moved the adoption of Ordinance No. 35177-010201. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith .......................................................................................... 7.
NAYS: None ...................................................................................... -0'
EASEMENTS-CITY PROPERTY-TELEPHONE COMPANIES-SCHOOLS:
Ordinance No. 35178 authorizing the donation and conveyance of a 15-foot
easement across City-owned property known as the Lincoln Terrace Elementary
School Site to Verizon, for installation of underground facilities, upon certain
429
terms and conditions, having previously been before the Council for its first
reading on Monday, December 18, 2000, read and adopted on its first reading and
laid over, was again before the body, Mr. Hudson offering the following for its
second reading and final adoption:
(#35178-010201) AN ORDINANCE authorizing the donation and
conveyance of a 15-foot easement across City-owned property known as the
Lincoln Terrace Elementary School site to Verizon, for installation of
underground facilities, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 64, page 71.)
Mr. Hudson moved the adoption of Ordinance No. 35178-01021. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith .......................................................................................... 7.
NAYS: None ....................................................................................... 0.
LICENSES-WATER RESOURCES- STREETS AND ALLEYS: Ordinance No.
35179 granting a revocable license to permit the construction and encroachment
of a paved parking area 25-feet into the public right-of-way in front of property
located at 1313 Peters Creek Road, N. W., identified as Official Tax No. 2770604,
upon certain terms and conditions, having previously been before the Council for
its first reading o n Monday, December 1 8, 2 000, read a nd adopted o n i ts first
reading and laid over, was again before the body, Mr. Bestpitch offering the
following for its second reading and final adoption:
(#35179-010201) AN ORDINANCE granting a revocable license to permit
the construction and encroachment of a paved parking area 25-feet into the
public right-of-way in front of the property located at 1313 Peters Creek Road,
N. W., identified as Official Tax No. 2770604, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 64, page 72.)
Mr. Bestpitch moved the adoption of Ordinance No. 35179-010201. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith .......................................................................................... 7.
NAYS: None ....................................................................................... 0.
430
LEASES-WATER RESOURCES: Ordinance No. 35180 authorizing the
proper City officials to enter into a lease agreement between the City and Sandra
Rouse for use of a 12.17-acre tract of land located along Back Creek, for
agricultural purposes, for a five year period, effective January 15, 2001, at an
annual rental of $10.00 per acre, upon certain terms and conditions, having
previously been before the Council for its first reading on Monday, December 18,
2000, read and adopted on its first reading and laid over, was again before the
body, Mr. White offering the following for its second reading and final adoption:
(#35180-010201) AN ORDINANCE authorizing the proper City officials to
enter into a lease agreement between the City and Sandra Rouse, for use of a
12.17-acre tract of land located along Back Creek, for a five year period, effective
January 15, 2001, at an annual rental of $10.00 per acre, upon certain terms and
conditions for agricultural purposes.
(For full text of Ordinance, see Ordinance Book No. 64, page 74.)
Mr. White moved the adoption of Ordinance No. 35180-010201. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, Harris, Hudson, White
and Mayor Smith ......................................................................................... -7.
NAYS: None ...................................................................................... -0'
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
COMMITTEES: The Mayor presented a proposal with regard to composition
of a Blue Ribbon Committee to review the overall structure and process of
appointments to Council-appointed authorities, boards, commissions and
committees.
Mr. White advised that the Members of Council need time to review and
consider the Mayor's proposal; whereupon, he suggested that the proposal be
received and taken under advisement.
Ms. Wyatt agreed that Council should review the qualifications of
individuals seeking appointment to various City committees, a formal process for
appointment should be established.
431
Mr. Harris advised that discussion with regard to a citizens committee was
appropriate for discussion in open session, but discussion of specific individuals
to serve on the various committees should take place in a closed session. He
further advised that there should be a competitive application process, i.e., a
public hearing, an interview process, or combination thereof.
Mr. Harris moved that Council table the proposal of the Mayor until the next
Council meeting, with the understanding that Council will ultimately vote on the
creation of a committee, and appointments to the Blue Ribbon Committee will be
discussed in closed session. The motion was seconded by Mr. Hudson.
Following further discussion of the matter, it was the consensus of Council
to engage in a work session immediately following the Greater Roanoke Valley
Leaders Summit on Monday, January 8, at 12:00 noon at the Jefferson Center,
Fitzpatrick H all, t o discuss t he process of appointments b y Council t o City o f
Roanoke boards, commissions and committees.
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
At 4:55 p.m., the Mayor declared the meeting in recess for continuation of
the previously approved Closed Session.
At 6:30 p.m., the meeting reconvened in the Council Chamber, with Mayor
Smith presiding, and all Members of the Council in attendance, with the exception
of Vice-Mayor Carder, who left the meeting during the Closed Session.
COUNCIL: With respect to the Closed Meeting just concluded, Mr.
Bestpitch moved that each Member of City Council certify to the best of his or her
knowledge that: (1) only public business matters lawfully exempted from open
meeting requirements under the Virginia Freedom of Information Act; and (2) only
such public business matters as were identified in any Closed Meeting were
heard, discussed or considered by City Council. The motion was seconded by
Mr. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Harris, Hudson, White and
Mayor Smith ................................................................................................ 6.
NAYS: None ....................................................................................... 0.
(Vice-Mayor Carder left the meeting during the Closed Session.)
432
OATHS OF OFFICE.COMMITTEES-HUMAN DEVELOPMENT: The Mayor
advised that the term of office of Michael W. Ridenhour as a member of the
Advisory Board of Human Development expired on November 30, 2000; and
called attention to a vacancy on the Advisory Board of Human Development
created by the resignation of Malcolm L. Taylor, for a term ending November 30,
2003; whereupon he opened the floor for nominations to fill the vacancies.
Ms. Wyatt placed in nomination the name of Louise H. Patterson.
Mr. Bestpitch placed in nomination the name of Clarence W. Hall.
There being no further nominations, Ms. Patterson was appointed to fill the
unexpired term of Malcolm L. Taylor, resigned, ending November 30, 2003; and
Mr. Hall was appointed for a term ending November 20, 2004, as members of the
Advisory Board of Human Development, by the following vote:
FOR MS. PATTERSON AND MR. HALL: Council Members Wyatt, Bestpitch,
Harris, Hudson, White and Mayor Smith ......................................................... -6.
(Vice-Mayor Carder left the meeting during the Closed Session.)
There being no further business, the Mayor declared the meeting in recess
at 6:30 p .m., t o b e r econvened o n Tuesday, January 8,2 001, a t 1 2:00 noon a t
which time Roanoke City Council will host a Work Session with elected-officials
from surrounding localities and to engage in further dialogue with regard to the
process for appointments to Council-Appointed authorities, boards, commissions
and committees Hall at The Jefferson Center, Fitzpatrick Hall, 541 Luck Avenue,
S. W., City of Roanoke, Virginia.
The regular meeting of Roanoke City Council which convened on Tuesday,
January 2, 2001, and was declared in recess until Tuesday, January 8, 2001, was
called to order on January 8 at 12:00 noon The Jefferson Center, Fitzpatrick Hall,
541 Luck Avenue, S. W., City of Roanoke, by Mayor Ralph K. Smith.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
C. Nelson Harris, W. Alvin Hudson, Jr., Linda F. Wyatt and Mayor Ralph K.
Smith ......................................................................................................... -6.
ABSENT: Council Member William White, Sr.- ......................................... 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
433
OTHERS PRESENT: Congressman Bob Goodlatte; Senator John S.
Edwards; Delegate C. Richard Cranwell; Mayor Carl E. Tarpley, Jr., City of Salem;
Alexander M. Brown, Member, Salem City Council; John Givens, Member, Salem
City Council; Gerald M. Pace, Member, Salem City Council; Forest G. Jones, City
Manager, City of Salem; James E. Taliaferro, II, Assistant City Manager/Clerk, City
of Salem; W. Wayne Angell, Chairman, Franklin County Board o f Supervisors;
Charles Wagner, Member, Franklin County Board of Supervisors; Donald L.
Riddle, Sr., Member, Franklin County Board of Supervisors; John W. Helms,
Member, Franklin County Board of Supervisors; Joseph P. McNamara, Chair,
Roanoke County Board of Supervisors; Joseph "Butch" Church, Member,
Roanoke County Board of Supervisors; Bob L. Johnson, Member, Roanoke
County Board of Supervisors; Harry C. Nickens, Member, Roanoke County Board
of Supervisors; Elmer C. Hodge, Roanoke County Administrator; Mary Allen,
Clerk, Roanoke County Board of Supervisors; Paul Mahoney, Roanoke County
Attorney; William Loope, Vice-Chair, Botetourt County Board of Supervisors;
Stephen P. Clinton, Member, Botetourt County Board of Supervisors; Gerald A.
Burgess, Botetourt County Administrator; Donald L. Davis, Mayor, Town of
Vinton; Robert R. Altice, Vice-Mayor, Town of Vinton; Bradley E. Grose, Member,
Vinton Town Council; Thomas A. Rotenberry, Member, Vinton Town Council; B.
Clayton Goodman, Vinton Town Manager; Kevin Boggess, Assistant Town
Manager for the Town of Vinton; James D. Ritchie, Sr., Deputy City Manager, City
of Roanoke; Chris Slone, Public Information Officer, City of Roanoke; Wayne G.
Strickland, Executive Director, Roanoke Valley-Alleghany Regional Commission;
Beth Doughty, President/CEO, Roanoke Regional Chamber of Commerce; and
Pete Larkin, Legislative Aide to Congressman Goodlatte.
Mayor Smith welcomed everyone to the first Greater Roanoke Valley
Leaders Summit and advised that the purpose of the meeting is to hold
cooperative work sessions, to establish a productive working relationship that
will benefit and serve all citizens of the Greater Roanoke Valley; and today's
meeting was called for the purpose of becoming better acquainted, and to begin
ongoing dialogue with regard to topics of mutual interest and concern.
The invocation was delivered by Roanoke County Board of Supervisors
Harry Nickens.
The meeting was declared in recess at 12:10 p.m., for lunch.
Following lunch, the business session reconvened at 1:00 p.m.
Mayor Smith recognized Congressman Bob Goodlatte for remarks.
434
Congressman Goodlatte commended attendees of the meeting for their
willingness to work together. He added that elected officials at the State level are
interested in meeting with representatives from the different localities to discuss
issues that affect their localities, and his office stands ready to work with local
officials on projects to be undertaken.
Mayor Smith recognized Senator John Edwards for remarks.
Senator Edwards offered his assistance to the localities represented at the
meeting and advised that citizens of the Roanoke Valley increasingly reside in
one jurisdiction and work in another, therefore, the jurisdictions need to continue
to identify ways in where to work together to gain more power for the region.
Mayor Smith also recognized Delegate Richard Cranwell for remarks.
Delegate Cranwell expressed appreciation for being invited to attend the
first Leadership Summit and offered his assistance to the localities represented
at the meeting.
Mayor Smith expressed appreciation to Congressman Goodlatte, Senator
Edwards and Delegate Cranwell for their participation in the meeting.
Mayor Smith advised that it would be productive to use the initial meeting
as a time to establish direction for future meetings, inasmuch as there has been a
sentiment in the community for increased regional cooperation; however, the
question is "how".
Mayor Smith opened the floor for responses to the following question:
What primary issue would those localities participating in the Leadership Summit
like to address over the next five years?
The following suggestions were offered by officials in attendance:
improved air service,
regional economic development authority,
vocational education,
promotion of tourism,
resources to attract industry,
trained labor force,
additional regionalized parks and facilities,
recreational programs,
development of regional, non-competitive economic development,
strategy targeted to one industry cluster,
comprehensive rescue plan,
435
regional water supply and regional sewage treatment and collection
system,
creation of a committee to keep the Roanoke River and Smith
Mountain Lake clean,
fire/ems,
regional library system,
track facility for high school track and field athletes,
technology infrastructure for future industries,
100 per cent funding for mandates,
ensure that Virginia Tech is a suburb of our area,
build the Bio-Medical Center,
high speed Internet access,
positive regional and local programs for youth both before and after
school and on weekends,
improvements to the 1-81 north and south corridor,
improvements of the transportation system, and
establishment of passenger rail service throughout the Roanoke Valley.
Mayor Smith advised that the list of suggestions would be compiled and
forwarded to each locality, with the request that each locality will rank it~ top
three choices which will lead to a discussion at the next Leadership Summit.
Mayor Smith opened the floor for volunteers to host the next Leadership
Summit; whereupon, Roanoke County extended an invitation to host the next
meeting, and advised that the date and location will be forwarded at a later date.
It was the consensus of participants in the Leadership Summit to meet on
a regular basis; whereupon, Vice-Chair Kirby Richardson, Bedford County Board
of Supervisors, offered to host the third Greater Roanoke Valley Leadership
Summit in July 2001, in Bedford, Virginia.
There being no further business, Mayor Smith declared the meeting of
Roanoke City Council in recess at 1:45 p.m.
At 1:50 p.m., the City Council meeting reconvened in Fitzpatrick Hall at the
Jefferson Center, 541 Luck Avenue, S. W., City of Roanoke, with all Members of
the Council in attendance, with the exception of Mayor Ralph K. Smith, Vice-
Mayor William H. Carder presided over the meeting.
Vice-Mayor Carder advised that the purpose of the Work Session was to
discuss the Mayor's proposal with regard to composition of a Blue Ribbon
Committee to review the number, overall and process of appointment of persons
to Council-Appointed authorities, boards, commissions and committees.
436
Mr. Harris suggested that two members of Council, two Council-appointed
officers, the City Attorney, City Manager or City Clerk, or a combination thereof,
be appointed to study the proposal and report back to the Council.
Ms. Wyatt suggested that the City Attorney and the City Clerk be appointed
to review the Mayor's proposal for appointment of a Blue Ribbon Committee to
study the overall process for appointments to City of Roanoke boards and
commissions and she volunteered to serve as a Council representative to the
committee. She advised that the selection process for persons to serve on the
Roanoke Redevelopment and Housing Authority, Roanoke Civic Center
Commission, City Planning Commission and Board of Zoning Appeals should be
similar to the selection process for School Trustee, which includes a stipend.
At this point, Mayor Smith entered the meeting and Vice-Mayor Carder
relinquished the Chair.
Mr. Harris offered the following suggestions for consideration by the
Committee:
The elimination of or consolidation of certain boards and commissions;
Decreased membership on some committees;
Council liaisons should be appointed to certain boards and commissions;
Receive citizen comments with regard to persons serving on high profile
boards, commissions and committees
He added that a stipend should be provided for those persons serving on
certain boards, commissions and committees, such as the City Planning
Commission.
Mr. Bestpitch suggested that the City Manager, or her designee, be
appointed to the committee.
Mayor Smith requested that the City Clerk poll other Virginia municipalities
with regard to which boards, commissions, and committees receive stipends
from the locality.
Mr. Harris concurred in the Mayor's suggestion and advised that School
Trustees currently receive a stipend of approximately $300.00 - $400.00 per
month; however, those boards and commissions that are not required to meet
with a great deal of frequency or address budgetary and/or personnel issues
should not receive monthly stipends.
437
Mr. Harris moved that Council Member Wyatt, Vice-Mayor Carder, the City
Manager, City Attorney and City Clerk be appointed to study and submit
recommendations to Council regarding the restructuring of City authorities,
boards, commissions and committees. The motion was seconded by Mr.
Bestpitch and adopted.
There being no further business, the Mayor declared the meeting adjourned
at 2:20 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Mayor
438
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January 16, 2001
12:15 p.m.
The Council o f t he City o f Roanoke m et i n regular session on Tuesday,
January 16, 2001, at 12:15 p.m., in the City Council Chamber, fourth floor, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with
Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration, Article II,
City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of
the City of Roanoke (1979), as amended.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt and Mayor
Ralph K. Smith ....................................................................................... -7.
ABSENT: None ..................................................................................... -0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
CITY COUNCIL: A communication from the City Attorney requesting a Closed
Meeting to consult with legal counsel on a matter of actual litigation, pursuant to
Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body.
Mr. Carder moved that Council concur in the request of the City Attorney to
convene in a Closed Meeting to consult with legal counsel on a matter of actual
litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and
Mayor Smith ................................................................................................ -7.
NAYS: None ................................................................................. -0.
439
CITY COUNCIL-INDUSTRIES: A communication from the City Manager
requesting a Closed Meeting to discuss a prospective business, where no previous
announcement of the interest of the business in locating its facilities in the City has
been made, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended,
was before the body.
Mr. Carder moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss a prospective business, where no previous
announcement of the interest of the business in locating its facilities in the City has
been made, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and
Mayor Smith ................................................................................................. -7.
NAYS: None .......................................................................................... -0.
COMMITTEES.CITY COUNCIL: A communication from the Honorable Ralph K.
Smith, Mayor, requesting a Closed Meeting to discuss vacancies on various
authorities, boards, commissions and committees appointed by Council, pursuant to
Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body.
Mr. Hudson moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section
2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by
Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and
Mayor Smith ................................................................................................. -7.
NAYS: None .......................................................................................... -0.
CITY COUNCIL-CITY EMPLOYEES: A communication from the Honorable
C. Nelson Harris, Chair, City Council Personnel Committee, requesting a Closed
Meeting to discuss the performance of three Council-Appointed Officers, pursuant to
Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body.
440
Mr. Carder moved that Council concur in the request of Council Member Harris
to convene in a Closed Meeting to discuss the performance of three
Council-Appointed Officers, pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Harris and adopted by the
following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and
Mayor Smith ............................................................................................... 7.
NAYS: None ................................................................................... -0.
At 12:20 p.m., Mayor Smith declared the meeting in recess and the Council
reconvened in the Council's Conference Room for four Closed Sessions.
At 2:00 p.m., on Tuesday, January 16, 2001, the regular meeting of Council
reconvened in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K.
Smith presiding, pursuant to Chapter 2, Administration, Article II, City Council,
Section 2-15, Rules of Procedure, Rule 1, Regular meeting~, Code of the City of
Roanoke (1979), as amended.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt and Mayor
Ralph K. Smith ................................................................................ -7.
ABSENT: None ................................................................... --0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The reconvened meeting was opened with a prayer by Council Member C.
Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
441
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. The Mayor called attention to a request for a Closed Session to discuss
a prospective business where no previous announcement of the interest of the
business in locating its facilities in the City has been made.
BUDGET: A communication from the City Manager recommending thct the
following proposed budget schedule for fiscal year 2001-02 (Option 1) be adopted:
April 16, 2001
2:00 p.m.
Public presentation of Fiscal Year 2001-02
recommended budget to City Council by City
Manager. (Regular meeting of City Council.)
April 23, 2001
7:00 p.m.
Public hearing on recommended budget. (Special
meeting of City Council.)
April 25 - 26, 2001 City Council budget work sessions.
8:00 a.m. - 5:00 p.m.
May 7, 2001
2:00 p.m.
City Council adopts General Fund, Proprietary Fund,
and School Fund budgets, approves an annual
appropriation ordinance, and adopts the Department
of Housing and Urban Development (HUD)
Consolidated Plan. (Regular meeting of City
Council.)
Mr. Harris moved that Council concur in the recommendation of the City
Manager. The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and
Mayor Ralph K. Smith .................................................................................. 7.
NAYS: None ........................................................................................ -0.
442
ANNUAL REPORTS-REAL ESTATE VALUATION: A communication from the
Director of Real Estate Valuation advising that as prescribed by law, the Office of
Real Estate Valuation has completed the Annual General Reassessment Program for
fiscal y ear 2 001-02; "Change o f Assessment Notices" w ere m ailed t o property
owners on January 19, 2001; and the real estate tax base increased approximately
3.5 per cent due to this year's annual reassessment, which figure is subject to
appeals and excludes new construction, was before Council.
It was further advised that new construction will add another 1.9 per cent to
the tax base, which represents $30 million of residential and $43 million of
commercial construction; adjusted downward for the tax abatement on the Higher
Education Center, this years' new construction activity is equivalent to that which
occurred last year; and overall, the general reassessment program and new
construction indicate growth of 5.4 per cent in the real estate tax base to July 1,
2001, which is up from last year's 4.5 per cent rate.
it was explained that unlike the financial markets, growth in real estate values
has remained steady during this past year; values will be adjusted for tax freezes,
tax abatements and other miscellaneous items to arrive at a revenue estimate for the
next fiscal year; individual property assessments vary widely from the City-wide
average of 3.5 per cent; most assessment changes will range from three per cent to
seven per cent, with a majority at five per cent or less, if improvements have been
made to the property during the year that increased its value, the property owner
may receive a higher increase; and assessment appeals will be conductedfrom
January 19 through February 15, 2001.
Mr. Harris moved that the report be received and filed. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and
Mayor Smith ........................................................... -7.
NAYS: None ........................................................................................ .0'
BLUE RIDGE COMMUNITY SERVICE: A communication from Rodney P. Furr,
Chair, Blue Ridge Community Services Board of Directors, requesting Council's
concurrence in the reappointment of John M. Hudgins, for a term ending
December 31, 2003, as an at-large member of the Blue Ridge Community Services
Board of Directors, was before the body.
443
Mr. Harris moved that Council concur in the reappointment of John M.
Hudgins as above described. The motion was seconded by Mr. Hudson and adopted
by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and
Mayor Smith ................................................................................................. -7.
NAYS: None ....................................................................................... -0.
COMMITTEES-ROANOKE ARTS COMMISSION: A communication from Rita D.
Bishop tendering her resignation as a member of the Roanoke Arts Commission,
effective immediately, was before Council.
Mr. Harris moved that Council accept the resignation and receive and file the
communication. The motion was seconded by Mr. Hudson and adopted by the
following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and
Mayor Smith ................................................................................................... -7.
NAYS: None .......................................................................................... -0.
COMMITTEES.ECONOMIC DEVELOPMENT:
qualification were before Council:
The following reports of
Phillip F. Sparks as a member of the Economic Development
Commission, for a term ending June 30, 2003; and
Pam Kestner-Chappelear as a member of the Human Services
Committee, for a term ending June 30, 2001.
Mr. Harris moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and
Mayor Smith .................................................................................................... 7.
NAYS: None .......................................................................................... -0.
444
CITY COUNCIL-INDUSTRIES: A communication from the City Manager
requesting that Council convene in a Closed Meeting to discuss a prospective
business where no previous announcement of the interest of the business in
locating its facilities in the City has been made, pursuant to Section 2.1-344(A)(5),
Code of Virginia (1950), as amended, was before the body.
Mr. Harris moved that Council concur in the request of the City Manager to
convene in a Closed Meeting to discuss a prospective business where no previous
announcement of the interest of the business in locating its facilities in the City has
been made, pursuant to Section 2.1-344(A)(5), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and
Mayor Smith ................................................................................................ -7.
NAYS: None ..................................................................................... -0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE.
PETITIONS AND COMMUNICATIONS:
COMMITTEES-RAIL SERVICE: David A. Bowers, Chair, Passenger Rail Service
Committee, advised that the Committee is dedicated to bringing passenger rail
service back to the City of Roanoke; Roanokers want a convenient and cheaper
alternative to their transportation; the City of Roanoke has a long history with the
railroad dating back to the mid-1850's; and the Committee recommends the
following: (1) designate the Norfolk and Western Passenger Station on Shenandoah
Avenue, S. W., across from The Hotel Roanoke as the future site for the Passenger
Rail Depot Terminal; (2) refer a request that $1.25 million be committed, in addition
to the $250,000.00 already committed, for the purchase of the Norfolk and Western
Passenger Station from Center In The Square, for a total of $1.5 million, to 2002-03
budget study; and (3) commit funds for renovation of the Norfolk and Western
Passenger Station, if designated as the depot site.
445
Mr. Bowers added that other issues are under consideration by the
Committee, including the prospect of additional excursions to the Roanoke area,;
and the Committee supports Congressmen Rick Boucher and Bob Goodlatte's
request for a $25 million funding of AMTRAK, the State service railroad,
TransDominion Express, to Roanoke, as an option to subsidize such services. He
stated that the Committee recommends that funds be allocated for development of
the passenger rail depot.
James Sears, President, Center in the Square, spoke in support of renovation
of the former historic Norfolk and Western Passenger Station, and advised that the
passenger station could serve as the headquarters for the Roanoke Valley
Convention and Visitors Bureau, as well as a gallery in recognition of the industrial
architect and designer, Raymond Lowey. He further advised that the History
Museum of Western Virginia and Center in the Square are negotiating with the
O. Winston Link Foundation to house the black and white photography of O. Winston
Link and many of his artifacts, which would be a major cultural draw and tourist
attraction; and the 1218 steam engine will be donated to the City of Roanoke as a
part of the Passenger Station exhibit, and ultimately will be relocated to the Virginia
Museum of Transportation.
Bill Arnold, a member of the Roanoke Chapter of the National Railway
Historical Society, advised that approximately 50,000 people rode the 611. steam
engine excursions t o a nd f rom Roanoke between 1982 and November 1994; a
number of railway chapters enjoyed stopping in Roanoke as a turn around; and
Abbott Tours has established an AMTRAK excursion via a bus to Washington, D.C.,
and returning by AMTRAK to Lynchburg, Virginia.
Mr. Arnold further advised that the Roanoke Chapter has submitted an
application to AMTRAK for an excursion this year, but final approval must be granted
by Norfolk Southern Corporation. He encouraged the Members of Council to support
the excursion and to assist Downtown Roanoke, Inc., with marketing.
Mr. Harris moved that the recommendations of the Passenger Rail Service
Committee be referred to the City Manager for report to Council. The motion was
seconded by Mr. Hudson.
Mr. White suggested that funding items be referred to fiscal year 2002-03
budget study.
446
Mr. Harris amended the motion to provide that designation of the former
Norfolk Southern Passenger Station on Shenandoah Avenue as the future site of a
passenger rail depot and appropriation of funds for renovation of the passenger rail
station be referred to fiscal year 2001-02 budget study. The amendment to the
motion was seconded by Mr. Hudson and unanimously adopted.
The motion, as above amended, was unanimously adopted.
INDUSTRIES-EQUIPMENT-D-DAY MEMORIAL: A communication from
Michael W. Graft, Jr., representing the Industrial Development Authority of the City of
Harrisonburg, Virginia, requesting concurrence in a resolution adopted by the
Authority, and approval of a loan for the benefit of the Virginia Public Broadcasting
Board, to assist in financing the acquisition of certain equipment for conversion of
Virginia's public television stations to the new digital standard of the Federal
Communications Commission, was before Council.
It was stated that the IDA of Harrisonburg is assisting Virginia Public
Television Stations with a financing for equipment required for the Federal
Communications Commission's mandated conversion to a digital broadcast
standard; under the IDA statute, the governing body of each locality in which the
equipment will be located must concur in a inducement resolution for financing; and
approximately $1,500,000.00 worth of new equipment will be used by Blue Ridge
Public Television at its McNeil Drive facility in the City of Roanoke.
Mr. White offered the following resolution:
(#35183-011601 ) A RESOLUTION concurring in the resolution adopted by the
Industrial Development Authority of the City of Harrisonburg, Virginia (the
"Harrisonburg Authority"), and approving the loan by the Harrisonburg Authority for
the benefit of the Virginia Public Broadcasting Board (the "VPBB") to assist in
financing the acquisition of certain equipment for the conversion of Virginia's public
television stations to the Federal Communication Commission's new digital
standard (the "Project").
(For full text of Resolution, see Resolution Book No. 64, page 84.)
Mr. White moved the adoption of Resolution No. 35183-011601. The motion
was seconded by Mr. Hudson and adopted by the following vote:
447
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and
Mayor Smith ................................................................................... 7.
NAYS: None ........................................................................................ 0.
BUDGET-SCHOOLS: A communication from the Roanoke City School Board
requesting that Council approve the following appropriations, was before the body.
$43,219.00 from the 2000-01 Capital Maintenance and Equipment
Replacement Funds for division-wide instructional technology, for
facility maintenance needs, for soil testing for modular classroom
placements, for handicap restroom modifications at Ruffner Middle
School, and for magnet furniture at Westside Elementary School.
$15,358.00 to provide Quality Zone Academy Bond (QZAB) funding for
legal services for the issuance of bonds for the Roanoke Academy for
Mathematics and Science facility.
$1,500.00 for the Special Education Assistive Technology program to
provide funds for the purchase of equipment and software to assist
students with disabilities, to be reimbursed 100 per cent by Federal
funds.
$170,173.00 for the Special Education Jail program to provide funds for
the salary and expenses of the staff providing special education
instruction and screening services to inmates, to be reimbursed 100
per cent by State funds.
$213,317.00 for the Goals 2000 Technology grant to provide funds for
purchase o f classroom computers a nd r elated technologies, to be
reimbursed 100 per cent by Federal funds.
$300.00 for the Arts Incentive Grant for Madison Middle School to help
strengthen the arts program at Madison and to encourage innovative
arts programs, to be funded with Federal funds.
$53,300.00 for the Technology Literacy Challenge g rant t o provide
individual competencies and training in instructional technology to 220
teachers in grades K-2 in order to improve the academic and
technological achievement of the district's primary students, to be
funded with Federal funds.
448
$15,000.00 for the Chess program to pay for chess materials and
tournament participation costs, to be funded with a private donation.
$10,000.00 for the Expanded GED Testing Services program to
establish a satellite GED test center at the Virginia Employment
Commission and expand testing services in the Roanoke City testing
area, to be reimbursed 100 per cent by State funds.
$806,000.00 for the School Instructional Technology program to be
used for the purchase of school instructional technology equipment
which will enable students in grades nine through twelve to take the
Standards of Learning (SOL) test on-line, to 100 per cent reimbursed by
State bond funds.
A report of the Director of Finance recommending that Council concur in the
requests of the School Board, was also before the body.
Mr. Harris offered the following emergency budget ordinance:
(#35184-011601) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General, School and School Capital Projects Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, page 85.)
Mr. Harris moved the adoption of Ordinance No. 35184-011601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and
Mayor Smith ........................................................................ -7.
NAYS: None .............................................................................. -0'
REPORTS OF OFFICERS:
CITY MANAGER:
449
BRIEFINGS:
CITY GOVERNMENT: The City Manager presented a summary of the year 2000
Citizen Survey. She advised that the Roanoke City Citizens Survey is an effort of the
City to uphold its commitment to service excellence for all customers; and as a part
of its efforts to assess citizen satisfaction with City services, the Office of City
Manager contracted with the Center for Survey Research at Virginia Tech to conduct
a telephone survey that would represent the opinion of citizens residing in the four
geographic quadrants comprising the City of Roanoke. She further advised th=t the
questionnaire was divided into three general areas, viz: (1) how satisfied are you
with the four areas of Council's Vision Statement -- Effective Government, Economy,
Education and Quality of Life, and the progress being made to achieve different
goals designed to improve the City; (2) What is your opinion on service quality; and
(3) general questions about customer service, attitudes toward government and
demographics of the community.
She stated that residents gave the City high marks in almost all of the
abovementioned areas, City staff is working on those areas that are of concern in
order to reach a solution and future plans include conducting a survey to measure
the City's success on an annual or bi-annual basis.
The City Manager introduced Susan Willis-Walton, Associate Director of
Virginia Tech Center for Survey Research, to present an overview of survey results.
Ms. Walton advised that the instrument used for the study was a telephone
survey designed to gather information about the opinions of Roanoke City citizens
regarding a variety of City services and issues, and 1,017 calls were conducted
during the period of September 1 - October 8, 2000.
Highlights of the survey include the following:
80% rated the City of Roanoke as either an excellent or good place to live;
75% rated the quality of life in the City as excellent or good and agreed that
the overall quality and livability of neighborhoods in Roanoke is good.
80% reported that City government is somewhat or very effective in meeting
community needs;
72.9% believe City government performance is improving in Roanoke;
450 -
64.9% rated the educational resources and opportunities available in the City
as excellent or good;
64.1% rated the public schools in the City as either excellent or good;
60% agreed that City government helps existing businesses to grow;
65% agreed that Roanoke City government does a good job attracting new
businesses to the City;
84.2% agreed that City government actively develops the downtown Roanoke
area;
75% indicated that City government does a good job of promoting Roanoke a.s
a tourist destination, as well as developing commercial and industrial areas
Roanoke.
46.9% rated the City government efforts to improve the local economy as
excellent or good, and 41.9% rated the City's efforts as fair or poor;
78% rated police services as either excellent or good, with some citizens
expressing concern regarding feelings of safety;
87% indicated that they are somewhat or very satisfied with the overall quality
of services that the Roanoke City government provides;
65.8% reported that the services provided by the City of Roanoke are worth
the taxes paid by citizens;
25.8% reported that they access the City's Internet web site called, "CityWeb"
at least once per month;
63.1% agreed that the Roanoke City government can be trusted to do what is
in the best interest of its citizens;
63.9% believed that they have the opportunity to contribute to the governance
process in Roanoke;
Following discussion, questions and comments by the Members of Council,
without objection by Council, the Mayor advised that the briefing would be received
and filed.
451
ITEMS RECOMMENDED FOR ACTION:
SIDEWALKS/CURB AND GUTTER-DOWNTOWN ROANOKE, INCORPORATED:
The City Manger submitted a communication advising that Downtown Roanoke, Inc.,
(DRI) initiated a discussion with City staff earlier this year to form a partnership
regarding the ownership and use of a sidewalk sweeping machine known as a
"Green Machine", a state of the art machine designed to sweep, vacuum and scrub
sidewalks in crowded urban areas; and DRI will purchase a "Green Machine" for
$24,000.00, in exchange for the City's commitment to regularly operate the machine
in the downtown Service District, with a focus on the City market area, for three
years, and an agreement to maintain and store the machine at the City's expense
following purchase and delivery.
The City Manager recommended that she be authorized to execute an
agreement with Downtown Roanoke, Incorporated.
Mr. Carder offered the following resolution
(#35185-011601) A RESOLUTION authorizing a contract with Downtown
Roanoke, Inc., for the provision of certain services by the City in exchange for use of
a sidewalk cleaning machine purchased by Downtown Roanoke, Inc., upon certain
terms and conditions.
(For full text of Resolution, see Resolution Book No. 64, page 89.)
Mr. Carder moved the adoption of Resolution No. 35185-011601. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and
Mayor Smith .................................................................................................. 7.
NAYS: None ......................................................................................... -0.
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM
(FDETC): T he City Manger submitted a communication advising that the Fifth
District Employment and Training Consortium (FDETC) administers the Federally
funded Workforce Investment Act (WIA) for the region, which encompasses the
Counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, as well as the Cities
of Clifton Forge, Covington, Roanoke and Salem; and the FDETC serves two primary
client populations:
452
dislocated workers who have been laid off from employment through
no fault of their own, and
economically disadvantaged individuals as determined by household
income guidelines set by the U. S. Department of Labor.
It was further advised that the City of Roanoke is the grant recipient and fiscal
agent for FDETC funding, thus Council must appropriate funding for all grants and
other monies received by the FDETC:
It was explained that Family Services of Roanoke Valley has entered into an
agreement with the Consortium for job placement assistance to approximately 100
referrals from parole officers for Drug Court from November 1999 to October 2000;
Family Services paid the Consortium $19,795.00, or $1,649.00 per month; Family
Services requested, by letter, that the contract be extended through December 31,
2000, at the same rate of reimbursement - $1,649.00 per month; and Family
Services received additional funding for November and December 2000.
It was further explained that jurisdictions in the Fifth Planning District, which
include the Cities of Salem, Clifton Forge, Covington and Roanoke, the Counties of
Roanoke, AIleghany, Botetourt, Craig, and Franklin, were requested by the FDETC to
contribute funds to offset the agency's administrative costs; and the City of
Covington has sent a contribution of $1,715.00 for fiscal year 2001.
The City Manager recommended that Council appropriate funds totaling
$5,013.00 and increase the revenue estimate by $5,013.00 in accounts to be
established in the Consortium Fund by the Director of Finance.
Mr. Hudson offered the following emergency budget ordinance:
(#35186-011601) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Consortium Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, page 90.)
Mr. Hudson moved the adoption of Ordinance No. 35186-011601
was seconded by Mr. Harris and adopted by the following vote:
· The motion
453
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and
Mayor Smith ................................................................................................... 7.
NAYS: None .......................................................................................... -0.
BUDGET-GRANTS.LIBRARIES: The City Manager submitted a communication
advising that the Roanoke Public Library has been awarded two grants by the Bill
and Melinda Gates Foundation, in the amounts of $94,328.00 and $43,118.00
respectively; the grant of $94,329.00 is to be used to expand public access to
computers and the Internet by purchasing computers and Internet connectivity
equipment for the Gainsboro Branch, Jackson Park Branch, the Law Library, the
Main Library and the Melrose Branch, and the Raleigh Court and Williamson Road
Branches were not eligible for the grant; and the grant of $43,118.00 is to be used for
a regional training lab as a resource for staffand public training in computer use and
applications at the Main Library.
The City Manager recommended that the Bill and Melinda Gates Foundation
grants be accepted and she be authorized to execute the requisite grant documents;
that revenue estimates be established by the Director of Finance in the Capital
Projects Fund, and that funds be appropriated in accounts to be established by the
Director of Finance.
Mr. Harris offered the following emergency budget ordinance:
(#35187-011601) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64, page 91.)
Mr. Harris moved the adoption of Ordinance No. 35187-011601. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and
Mayor Smith .................................................................................................. -7.
NAYS: None ......................................................................................... -0.
454 -
Mr. Harris offered the following resolution:
(#35188-011601) A RESOLUTION accepting a Bill and Melinda Gates
Foundation Grant to the Roanoke Public Library for the purpose of expending public
access to computers and the Internet.
(For full text of Resolution, see Resolution Book No. 64, page 93.)
Mr. Harris moved the adoption of Resolution No. 35188-011601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and
Mayor Smith ................................................................................................. -7.
NAYS: None ......................................................................................... -0'
Mr. Harris offered the following resolution:
(#35189-011601) A RESOLUTION accepting a Bill and Melinda Gates
Foundation Grant to the Roanoke Public Library for the purpose of establishing a
regional computer training lab.
(For full text of Resolution, see Resolution Book No. 64, page 93.)
Mr. Harris moved the adoption of Resolution No. 35189-011601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and
Mayor Smith .............................................................................................. -7.
NAYS: None ................................................................................... -0.
CITY CLERK:
COMMITTEES-SCHOOLS: A report of the City Clerk advising that pursuant to
Chapter 9, Education, Code of the City of Roanoke (1979), as amended, establishing
a procedure for the election of School Trustees, the three-year terms of office of
Melinda J. Payne and Ruth C. Willson as Trustees of the Roanoke City School Board
will expire on June 30, 2001.
455
It was further advised that pursuant to Section 9-16, of the City Code, on or
before February 1 5 o f e ach y ear, Council shall announce its intention to elect
Trustees of the Roanoke City School Board for terms commencing July 1 through:
(1) public announcement of such intention at two consecutive regular sessions of
the Council and (2) advertisement of such intention in a newspaper of general
circulation in the City twice a week for two consecutive weeks; Section 9-17
provides that applications must be filed in the City Clerk's Office by March 10 of each
year, however, since March 10, 2002, falls on Saturday and City offices will be
closed, the deadline for receipt of applications will be Friday, March 9 at 5:00 p.m;
application forms will be available in the City Clerk's Office and may be obtained
between the hours of 8:00 a.m., and 5:00 p.m., Monday through Friday; and
information describing the duties and responsibilities of School Trustees will also be
available.
Without objection by Council, the Mayor advised that the report of the City
Clerk would be received and filed.
DIRECTOR OF FINANCE:
AUDITS/FINANCIAL REPORTS-BUDGET: A report of the Director of Finance
advising that Section 2-188.1, Reserve for self-insured liabilities, Code of the City of
Roanoke (1979), as amended, stipulates that at the conclusion of each fiscal year,
$250,000.00, to the extent available from any undesignated General Fund balance at
the end of such fiscal year, shall be reserved for self-insured liabilities of the City;
the maximum balance of the reserve is three per cent of total General Fund
appropriation for the concluded fiscal year; and as such, on June 30, 2000
$25,000.00 was reserved in the General Fund for self-insured liabilities.
The Director of Finance recommended that Council approve appropriation of
the $250,000.00 reserved in the General Fund for self-insured liabilities to be
transferred to the Risk Management Fund where the remaining self-insurance
reserve exists; approve the establishment of a revenue estimate in the Risk
Management Fund for the transfer and increase the Reserve for Self-Insured
Liabilities.
Mr. Harris offered the following emergency budget ordinance:
(#35190-011601) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General and Risk Management Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, page 94.)
456
Mr. Harris moved the adoption of Ordinance No. 35190-011601. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and
Mayor Smith ................................................................................................. 7.
NAYS: None ....................................................................................... -0.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND
RESOLUTIONS: NONE.
CONSIDERATION OF ORDINANCES AND
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
WATER RESOURCES: Council Member Hudson inquired about the level of
water supply at the Carvins Cove Reservoir; whereupon, the City Manager advised
that she would provide Council with the appropriate information.
CITY GOVERNMENT: Council Member Bestpitch commended the Mayor on
the success of the first Roanoke Valley Leadership Summit which was held on
Monday, January 8, 2001, at the Jefferson Center.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised
that Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
COMPLAINTS: Mr. Frank Spencer, 503 Bullitt Avenue, S. E., expressed
concern with regard to the transient population in southeast Roanoke.
At 3:05 p.m., the Mayor declared the meeting in recess for continuation of a
Closed Session.
457
At 7:00 p.m., on Tuesday, January 16, 2001, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Vice-Mayor
Carder presiding.
PRESENT: Council Members William D. Bestpitch, C. Nelson Harris, W. Alvin
Hudson, Jr., William White, Sr., and Vice- Mayor William H. Carder. - .................... 5.
ABSENT: Council Member Linda F. Wyatt and Mayor Ralph K. Smith ........ -2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Harris
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any Closed Meeting were heard,
discussed or considered by City Council. The motion was seconded by Mr.
Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Hudson, White and Vice-Mayor
Carder ............................................................................................................. 5.
NAYS: None ........................................................................................ -0.
(Mayor Smith and Council Member Wyatt were absent.)
The reconvened meeting was opened with a prayer by Council Member
C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Vice-Mayor Carder.
458
PUBLIC HEARINGS:
GRANTS-TRAFFIC: Pursuant to Resolution No. 25523 adopted bythe Council
of the City of Roanoke on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Tuesday, January 16, 2001, at 7:00 p.m., or as soon thereafter as
the matter may be heard, to consider previously received applications for Federal
funds made available through the Transportation Equity Act for the 21st Century
(TEA-21) for transportation enhancement projects in fiscal year 2001-02, the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Tuesday, January 2, 2001 and Tuesday, January 9, 2001; and in The
Roanoke Tribune on Thursday, January 4, 2001.
A communication from the City Manager advising that the Transportation
Equity Act for the 21st Century (TEA-21) was signed into Federal law in June 1998,
which action reauthorized the Federal surface transportation programs for six years,
from fiscal year 1998 to 2003, replacing the Intermodal Surface Transportation
Efficiency Act (ISTEA); the law provides $215 billion in spending authorityfor
highways and transit, including $3 billion for transportation enhancement projects;
TEA-21 requires State departments for transportation to set aside ten per cent of
their Surface Transportation Program (STP) allocation each year for transportation
enhancements, which includes activities such as facilities for pedestrians and
bicyclists (such as greenways) and rehabilitation of historic transportation
buildings; and the Virginia Department of Transportation (VDOT) held a public
meeting regarding the TEA-21 enhancement program on November 16, 2000, was
before Council.
It was further advised that any group, or individual, may initiate enhancement
projects; however, City Council and the Metropolitan Planning Organization must
endorse the applications prior to submittal to VDOT by the applicant on or before
January 31,2001; two enhancement project applications have been received; i.e.: the
City of Roanoke and the Western Virginia Foundation for the Arts and Sciences; and
the City Planning Commission received the requests on December 21, 2000, and
submitted a recommendation to Council under separate cover.
The City Manager recommended that Council endorse, by separate resolution,
project applications submitted by the City of Roanoke for gateway improvements
within the Williamson Road corridor, and Western Virginia Foundation for the Arts
and Sciences for renovation of the former Norfolk and Western Railway Passenger
Station and agree to pay 20 per cent of the total cost for planning and design,
right-of-way and construction of the project; and if the City elects to cancel a project,
459
the City would reimburse VDOT for the total amount of costs associated with any
work completed on either project through the date of cancellation notice. The City
Manager further recommended that she be authorized to execute, on behalf of the
City, any City/State Agreements for project administration, subject to approval of
project applications by VDOT, and that she be further authorized to execute, on
behalf of the City, a legally binding agreement with the Western Virginia Foundation
for the Arts and Sciences (WVFAS), subject to approval of the application by VDOT,
requiring the Western Virginia Foundation for the Arts and Sciences to .be fully
responsible for its matching funds, as well as all other obligations undertaken by the
City by virtue of the City/State Agreement.
Mr. White offered the following resolution:
(#35191-011601) A RESOLUTION requesting that the Commonwealth
Transportation Board e stablish a project for gateway improvements within the
Williamson Road corridor.
(For full text of Resolution, see Resolution Book No. 64, page 96.)
Mr. White moved the adoption of Resolution No. 35191-011601. The motion
was seconded by Mr. Hudson.
The Vice-Mayor inquired if there were persons present who would like to
address Council in connection with the matter. There being none, Resolution No.
35191-011601 was adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Hudson, White, and Vice-Mayor
Carder .................................................................................................. 5.
NAYS: None ......................................................................................... -0.
(Mayor Smith and Council Member Wyatt were absent.)
Mr. Harris offered the following resolution:
(#35192-011601) A RESOLUTION requesting that the Commonwealth
Transportation Board establish a project for renovation of the former Norfolk &
Western Railway Passenger Station.
(For full text of Resolution, see Resolution Book No. 64, page 97.)
Mr. Harris moved the adoption of Resolution No. 35192-011601. The motion
was seconded by Mr. Bestpitch.
460
The Vice-Mayor inquired if there were persons present who would like to
address Council in connection with the matter. There being none, Resolution No.
35192-011601 was adopted by the following vote:
AYES: Council Members Bestpitch, Harris, Hudson, White and Vice-Mayor
Carder .................................................................................................... 5.
NAYS: None ........................................................................................ -0.
(Mayor Smith and Council Member Wyatt were absent.)
STATE HIGHWAYS: Pursuant to Resolution No. 25523 adopted by the Council
of the City of Roanoke on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Tuesday, January 16, 2001, at 7:00 p.m., or as soon thereafter as
the matter may be heard, to receive public comments regarding alternatives for the
proposed 1-73 Project, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Thursday, January 11, 2001; Friday, January 12, 2001, and Sunday,
January 14, 2001, and in The Roanoke Tribune on Thursday, January 11, 2001.
Robert K. Bengtson, Director of Public Works, presented an overview with
regard to proposed 1-73. He stated that there are a range of alternative routes for 1-73
that are spread across Southwestern Virginia, one of which follows U. S. 460 from
the West Virginia State line, to Roanoke, to U. S. 220 South, to North Carolina; and in
October 1993, Council adopted a resolution urging the Virginia Department of
Transportation (VDOT) to support the general alignment through the Roanoke area,
and out of this alignment, other local alternatives, i.e., the eastern and western
routes have been generated.
Mr. Bengtson further advised that VDOT briefed Council in July 1998 and July
2000; the Draft Environmental Impact Statement evaluating various environmental
and quality of life issues with regard to roadway alternatives has been completed
and released by VDOT; and Council adopted the City's 2001 Legislative Program in
December 2000 supporting the 1-73 project as an important element in the economic
future of the region.
The Vice-Mayor inquired if there were person present who would like to be
heard in connection with the matter.
461
Michael Urbanski, Attorney representing the Rappaport Companies, appeared
before Council on behalf of the owner of Towers Mall, and expressed concern with
regard to proposed 1-73 running through downtown Roanoke, which would eliminate
direct southbound access off 1-581 to Colonial Avenue and Towers Mall. He
emphasized that Towers Mall is an important part of the economic tax base of the
City, and the elimination of access to Colonial Avenue may result in the loss of sales
for tenants and property values, and create a negative tax issue for the community,
the neighborhood, and the City.
Mr. Winfred D. Noell, 2743 Northview Drive, S. W., spoke in opposition to the
proposed 1-73 project, and spoke in support of a transportation system management
(TMS) alternative.
Mr. Brent Riley, 5280 Wade Road, Roanoke County, spoke in support of the
TMS alternative, and expressed concern with regard to the proposed 1-73 project
being constructed along the western corridor of the City.
Mr. David Socky, 672 Woodbrook Drive, Roanoke County, spoke in support of
the TMS alternative, and also expressed concern with regard to the construction of
the proposed 1-73 project along the western corridor of the City.
Mr. Howard Noel, 5712 Castle Rock Road, Roanoke County, spoke in support
of the proposed 1-73 project, and stated that the City of Roanoke is the economic
heart of the Roanoke region, and construction of the 1-73 project will ensure
opportunities for the City by bringing better economic development to the Roanoke
region.
Mr. Fredrick ("Rick") Williams, 3125 Sunrise Avenue, N. W., spoke in
opposition to corridor alignments for the proposed 1-73 project, and expressed
support for the TSM alternative. He cited reasons of safety issues, air quality,
construction disruptions in downtown Roanoke and the impact on surrounding
businesses and residential areas, decrease in property values in neighborhoods
such as Washington Park, Gainsboro, and Belmont, etc. He further stated that the
broader urban impact is that the proposed 1-73 project will encourage more Iow
density sprawling growth at Roanoke's perimeter and will produce additional urban
blight, as well as continue to disproportionately affect the disadvantaged and elderly
citizens.
462 -
Matt Kennell, President, Downtown Roanoke, Inc., presented a resolution
unanimously adopted by the Board of Directors in support of the billed alternative
central alignment as the best route for proposed 1-73. He also presented copies of
correspondence from downtown businesses expressing concern with regard to the
proposed project and the potential impact it could have on businesses in downtown
Roanoke.
Ms. Ann Rogers, P. O. Box 14224, proposed a series of round table
discussions between Downtown Roanoke, Inc., the Roanoke Regional Chamber of
Commerce, the City of Roanoke, Virginians for Appropriate Roads, 1-73 Regional
Impact Network, representatives of the Virginia Department of Transportation, and
other interested stakeholders to develop a more agreeable design.
Ms. V. Lee Wolfe, President, Gainsboro Neighborhood Alliance, spoke in
opposition to the 1-73 project, and referenced correspondence presented to Council
in August 2000 which expressed the concerns of the Gainsboro Neighborhood
Alliance relative to the 1-73 project.
Mr. Mark Pederson, 1210 Penmar Avenue, S. E., stated that VDOT has failed,
as a neutral agency, to thoroughly research alternatives available to citizens,
government and municipalities that will be affected by the 1-73 project; and
suggested that Council hire Todd Litton, a transportation engineering consultant
from Canada, who works on TSM and TDM proposals to provide additional input with
regard to alternatives.
Mr. Bill Dandridge, 2620 Rosalind Avenue, S. W., spoke in support of the TSM
alternative, and expressed concern with regard to the negative affect on area
watersheds and ridge lines, and a decrease in beautification of the area.
Mr. Bobby Meadows, President, Belmont Preservation Association, spoke in
opposition to the proposed 1-73 project, and suggested that the City repair existing
roads.
Mr. Allen Childress, 6549 Masons View Lane, Roanoke County, spoke in
support of the TMS alternative, and stated that the dogleg of proposed 1-73 to
Roanoke is for economic development purposes and direct access to the Roanoke
Regional Airport. He further stated that taxpayers of the Commonwealth of Virginia
would have to pay 20 per cent of the $1.47 billion, and the TSM alternative cost is
$146 million, or one.tenth of the cost of the interstate project. He suggested that
some of the features of the TSM alternative would be beneficial and it is incumbent
upon the taxpayers to look at money issues.
.463
John McGonigal, Member, Southeast Action Forum and Belmont Preservation
Association, spoke in support of a modified version of 1-73 and the TSM.
Mr. Clark Thomas, 740 Arbutus Avenue, S. E., spoke in support of an
enhanced version of the TSM alternative, and opposed any type of road through the
southeast quadrant of Roanoke City.
Mr. Preston Hoffman, 402 Washington Avenue, S. W., spoke in opposition to
the proposed 1-73 project which would increase traffic volume, air pollution and
traffic fatalities on Route 220 and 1-81. He proposed improvements to U. S.
Route 220.
Kathy Hill, President, Riverland Alert Neighborhoods, read a prepared
statement in support of the TSM alternative. She called attention to the Vision
Statement adopted by Council, Quality of Life, which states that Roanoke will be a
community for every person, and every family is important and respected, Roanoke
will be a community of stable, safe, caring and friendly neighborhoods, and Roanoke
will protect the natural environment and promote cultural, social and recreational
opportunities that encourage present and future generations to choose Roanoke as
their home. She urged that Council oppose the 1-73 project.
Mr. Alan Gleiner, Chair, 1-73 Regional Impact, spoke in support of the TSM
alternative which will improve the efficiency and safety of 1-581 and U. S. Route 220
without the destruction of homes, businesses and farmland that may occur in
connection with the proposed 1-73 project. He proposed t hat a committee be
appointed composed of concerned citizen groups, the Roanoke Regional Chamber
of Commerce, and Council to study a proposal that could bring a resolution to the
issue.
Evelyn D. Bethel, President, Historic Gainsboro Preservation District, Inc.,
read from the City's Vision Statement on Effective Government which provides that
government will be participatory, responsive and efficient, valuing diverse
community involvement, public/private partnerships and regional cooperation and
citizens will be involved in the establishment of community priorities. She advised
that Gainsboro residents sent letters and petitions to VDOT regarding 1-73 and urged
that Council vote against 1-73, especially through the central part of the City of
Roanoke.
Ms. Kristen Pechman, 831 Webster Drive, Roanoke County, spoke in
opposition to the 1-73 project and urged Council to support the TSM alternative,
which would make a new interstate unnecessary.
464
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., spoke in opposition to the
1-73 project, and urged that Council support the TSM alternative.
Mr. Peter Johnson, Jr., 4758 Martinelle Avenue, Roanoke County, spoke in
opposition to 1-73, and suggested the creation of village centers with businesses.
He suggested keeping roads natural rather than constructing interstates.
Ms. Suzanne Osborne, 1702 Blair Road, S. W., spoke in opposition to the
proposed 1-73 project, and expressed support of the TSM alternative.
Edwin Hall, Member, Roanoke Regional Chamber of Commerce, spoke on
behalf of the Regional Chamber in support of the 1-73 project, citing safety and
economics as two major reasons. Mr. Hall advised that safety, the greatest savings
of life, have occurred on higher levels of interstates in the highway system; there are
17 locations along U. S. Route 220 with critical accident ratings ranging from 132 to
1,138; VDOT calculates critical accident rates based on the number of accidents per
100 million vehicles traveled, the acceptable threshold for a critical accident rate on
U. S. 220 is 112; and Virginia's economic dependence on highways is the 9m highest
among the nation of all states. He further advised that every $1 billion invested in
transportation infrastructure generates more than $2 billion in economic activity;
each $1 billion invested in building and upgrading the nation's highways since 1950
reduced highway fatalities by 1,400 over 40 years and saved the American society
over $2 billion in health care insurance, lost wages and productivity costs; end
potential economic benefits of 1-73 would save commuting time, increase
productivity from commuter time savings, save travel time for businesses,
transportation costs, increase short term jobs during construction, increase jobs in
existing industry, create new jobs through location, increase annual gross regional
product, personal income, population, housing, revenue from real estate taxes, and
state and local taxes. He stated that the TSM option includes only minor
improvements between Tanglewood Mall and Boones Mill, such as sight distance,
median extensions, rebuilding of a 1,200 foot and a 3,200 foot stretch which would
help with safety issues, but would not increase adequate capacity for current traffic
levels.
For clarification purposes, Council Member Harris commented that Council
has no authority with regard to the proposed 1-73 project, and the purpose of the
public hearing is to receive citizen input.
465
Mr. Bestpitch emphasized that Council's responsibility is to represent the
concerns of its constituents on issues that have been identified as problems or
potential problems associated with the proposed 1-73. He suggested that another
work session be scheduled with VDOT to allow Council, as representatives of the
citizens, to have an opportunity to ask questions before making a final
recommendation.
The Vice-Mayor inquired if there were other persons who would like to be
heard in connection with the matter. There being none, he declared the public
hearing closed.
HEARING OF CITIZENS: The Vice-Mayor advised that Council sets this time as
a priority for citizens to be hear, it is a time for citizens to speak and a time for
Council to listen and matters requiring referral to the City Manager will be referred
immediately for any necessary and appropriate response, recommendation or report
to Council.
COMPLAINTS-NEIGHBORHOOD ORGANIZATIONS: Bobby Meadows,
President, Historic Belmont Preservation Association, and presented copy of a
communication from Eric Branscom, Attorney, representing the Historic Belmont
Preservation Association, addressed to the Executive Director o f t he Roanoke
Rescue Mission, setting forth concerns with regard to the proposed expansion of the
Rescue Mission. He advised that the Belmont Preservation Association
recommends that Historic Belmont have an active and productive partnership with
the Rescue Mission, and that the Rescue Mission participate in various activities and
programs to improve the quality of life in the neighborhood, such as neighborhood
cleanup projects, neighborhood beautification projects, and active involvement with
crime prevention activities.
Without objection by Council, the Vice-Mayor advised that the remarks and
communication would be referred to the City Manager.
There being no further business, at 8:55 p.m., the Vice-Mayor declared the
meeting in recess, to be reconvened on Monday, January 29, 2001, at 7:00 p.m., in
the City Council Chamber, at which time the Council will receive public input on two
options to be considered by Council regarding Victory Stadium.
The Council meeting reconvened on Monday, January 29, 2001, at 7:00 p.m., in
the City Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215
Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith
presiding.
466
PRESENT: Council Members William D. Bestpitch, William H. Carder, W. Alvin
Hudson, Jr., William White, Sr., Linda F. Wyatt, and Mayor Ralph K. Smith ....... -6.
ABSENT: Council Member C. Nelson Harris ......................................... 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by Mayor Ralph K. Smith.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
The Mayor advised that the purpose of the meeting is to hold a public hearing
to receive public input and comment on two options that the Council is considering
with regard to Victory Stadium.
Legal advertisement of the public hearing was published in The Roanoke
Times on January 12, 2001 and January 21, 2001.
The two options under consideration by the Council are as follows:
Option 1: Maintain half of the existing stadium and add a stage and use the
stadium for sports and concerts. The concepts involving this option consist of the
following:
9,000 seats, primary one - sided stadium; 8,000 bench seats and 1,000
telescopic risers;
20,000 seats for amphitheater set up (9,000 permanent bench seats and 11,000
portable chairs or lawn seats)
Soccer, football fields
New press facilities, East side supports concert functions
New, state-of-the-art permanent side stage
Field, stage, support facilities raised above 100 year flood plain
Telescoping "side stage" seats for sports in Stage House
Estimated cost:
$14,470,000.00
467
Option 2: Demolish entire stadium and construct a new stadium and stage for
sports and concert uses. The concepts involving this option consist of the
following:
8,000 seats; primarily one-sided stadium (7,000 permanent chairs and 1,000
telescopic risers)
19,000 seats for amphitheater set up (8,000 permanent chairs and 11,000
portable chairs or lawn seating)
Stadium axis rotated to maximize all uses relative to sun angles
Soccer, football fields
New press facilities, North side supports concert functions
New, state-of-the-art permanent side stage, South side
Field, stage, concourse, support facilities raised above 100 year flood plain
Telescoping "side stage" seats for sports in stage house
Estimated Cost:
$17,725,604.00
The Mayor advised that inasmuch as 19 persons had signed up to speak, each
speaker would be requested to limit their remarks to three minutes.
Mr. Jim Fields, 17 Ridge Crest Road, Hardy, Virginia, advised that Victory
Stadium should be saved because it is one of the finest stadiums and one of the
best structures of its kind anywhere in the United States. He referred to other
structures in Roanoke that should have been preserved as a part of Roanoke's
history, and advised that additions could be made to Victory Stadium on both sides
of the facility, and grandstand seats could be added at the site where the National
Guard Army is currently located. He stated that with renovations in the range of $7 -
10 million, Victory Stadium could become a facility that the entire City would be
proud of, and with proper marketing efforts, promoters will book events at Victory
Stadium and bring money into the City's coffers.
Mr. Mark Burton, 2235 Sherwood Avenue, S. W., advised that at some point in
time, a consensus will be reached on whether the City will spend a considerable
sum of money on renovating a stadium, or tearing it down, etc.; and certain
proposals have been submitted, which he does not necessarily agree with;
whereupon, he inquired as to the process that was used, the consultants that were
interviewed and their credentials insofar as athletic field maintenance, stadium
maintenance, special event venues, and the functionality with the existing facility or
a new facility; did the City Manager talk with major users of the existing facilities,
such as the Department of Parks and Recreation which stores equipment at Victory
Stadium that is used daily in maintenance of the City's rights-of-way; did the City
Manager talk with the members of the Special Events Committee, or to the American
468 ----
Cancer Society in regard to its involvement with Relay for Life, or to Festival in the
Park representatives, or to representatives of Roanoke Catholic High School, or to
representatives of the National Guard Armory. He referred to the history of Victory
Stadium and the nostalgia of citizens of the Roanoke Valley associated with the
facility.
Ms. Freida Tate, 2715 10th Street, N. W., spoke in support of a referendum to
allow citizens an opportunity to vote on the fate of Victory Stadium, or construction
of a new stadium/amphitheater. She advised that the past is what Roanoke is built
on and urged that Council vote to renovate Victory Stadium and look to the future,
while restoring a historic facility of the past.
Mr. Bill Ammen, 4938 Greenlee Road, S. W., requested that Council reconsider
its decision made on December 18, 2000, and submit all three options for Victory
Stadium to a public referendum, because it is unfair for five of a seven member
Council to decide such a mammoth issue. He referred to a recent article in The
Roanoke Times that contained the following headline: "Roanoke School Board
Expresses Disappointment, Victory Stadium Plans Blasted"; and one member of the
School Board was quoted as saying, "1 am disappointed that it is being set up No. 1
for entertainment, and No. 2 for students", and "this is not a stadium for athletics but
is an amphitheater used for athletics". He referred to a recent tissue of The
Roanoker Magazine which reported that on Thanksgiving Day 1942, at the annual
football game between VPI and VMI and in the presence of the Corps of Cadets for
both schools and a stadium filled with football fans and dignitaries, Victory Stadium
"was committed to the glory of God for the complete and permanent victory of
America and her allies." He stated that in 1942, Americans were fighting for their
lives in North Africa, the Pacific, and all over Europe and victory was not certain;
therefore, he asked if Victory Stadium is demolished, or one-half of the structure is
torn down, what will be the message that will be sent to all of the thousands of brave
men who laid down their lives, or were wounded fighting for this complete and
permanent victory over Nazi Germany and Imperial Japan.
Mr. Chris Craft, 1501 East Gate Avenue, N. E., spoke in support of saving
Victory Stadium in its current condition and urged that a public referendum be held
to allow taxpayers to vote on the issue. He stated that five members of Council
voted on the issue on December 18 which does not necessarily represent the wishes
of the majority of the citizens of Roanoke; and Council is elected to represent all
'469
taxpayers of Roanoke and to take their input and wishes into consideration. He
referred to other historic structures in Roanoke that were demolished and
questioned the legacy that will be left for Roanoke's future generations if Roanoke's
historic structures continue to be torn down rather than renovated. He referred to
successful efforts bythe City and others to renovate Jefferson High School and The
Hotel Roanoke and advised that the same could be done for Victory Stadium.
Mr. John Graybill, 2443 Tillett Road, S. W., advised that any Member of Council
who voted on the prevailing side could move to reconsider the vote which was taken
on December 18 and allow Victory Stadium to be preserved which is the desire of the
majority of the citizens of the City of Roanoke. He further advised that voters are not
simply speaking to the issue of nostalgia for the good old days, but a concern about
what will happen to Victory Stadium in the future. He stated that Victory Stadium will
be used for football games and for other purposes if it is renovated and properly
marketed by the City, and the necessary funds should be invested by the City to
address daily maintenance needs of the facility.
Mr. Charles Price, 3101 Willow Road, N. W., spoke in opposition to Council's
vote which was taken on December 18, but advised that he would approach the
issue from a different perspective. He stated that since moving back to Roanoke, he
has been involved with the youth of the area through recreational ball for
approximately 20 years and it is appalling that the City of Roanoke has not respected
that portion of Roanoke's society by requiring Roanoke's youth to use "second
fiddle" type facilities for football and soccer. He stated that Roanoke is the largest
city west of Richmond, yet it has the poorest facility of any locality. He called
attention to the pride of young people who have had the opportunity to participate in
sports activities at Victory Stadium and the City should continue to nurture the pride
of its young citizens. He referred to the City's lack of maintenance of Victory
Stadium over the past 15 - 20 years and now there is the threat of taking away the
heritage of many Roanokers. He requested that Council reconsider its December 18
vote and authorize renovation of Victory Stadium.
Ms. Sarah Lee, 4139 Appleton Avenue, N. W., President, William Fleming
Student Government Association, and Captain of the William Fleming Cheerleading
Team, read a letter from a fellow student who could not attend the meeting, but
would like to speak in support of a newer playing field and an up to date track
facility. She advised that the student is concerned with the lack of seating capacity
and showers, poor seating mechanisms, sanitation issues, and the condition of
locker rooms; therefore, he requests that the City investigate his concerns and that
Victory Stadium be renovated. From the standpoint of a.cheerleader, Ms. Lee
advised that since no track facility is included in the proposed new stadium, where
will cheerleaders be stationed during games, will fans be seated on the same side of
470 '
the stadium, and will the band and cheerleaders be stationed on one side of the
stadium. She further advised that the track team has inquired if it would be possible
to construct an all weather track that would bring additional revenue to the City by
providing a facility to accommodate large track events. As a cheerleader, she stated
that she has had the opportunity to travel across the state and facilities throughout
the State of Virginia are much better than Roanoke's; Patrick Henry and William
Fleming High Schools have no home advantage because they must share Victory
Stadium; and ifa new stadium/amphitheater is constructed, local high school sports
teams want to know if there will be a guarantee that they will have the facilities that
are necessary to compete with other sports teams in Virginia.
Mr. Richard Kepley, 550 Kepplewood Road, S. E., expressed pride when he
visits The Hotel Roanoke or The Jefferson Center because of the City's efforts to
renovate and to preserve the structures, which could also be done for Victory
Stadium because Roanokers are proud of their stadium. He advised that at one
point it was thought that Victory Stadium was structurally unsound, but it has been
found that such is not the case, and the facility can be used for many years to come;
whereupon, he called attention to the expenditure by the City of over $150,000.00 to
secure the brick, over $30,000.00 to install an irrigation system, $40,000.00 to
$50,000.00 to install new metal bleachers and now there is discussion about
demolishing the facility. He spoke in support of holding a public referendum to
allow the citizens of Roanoke to vote on the fate of Victory Stadium, thus taking
Council offthe hook. He stated that a new stadium/amphitheater needs more study,
and referred to another option; i.e.: consider a second stadium that seats between
5,000 and 6,000 persons along with a track facility, retain Victory Stadium and invest
the necessary funds over the next five to ten years to renovate the facility.
Dr. J. Keith Bohon, 5012 Cave Spring Circle, S. W., spoke in support of
renovating Victory Stadium because the facility is a part of Roanoke's past and
should be preserved for Roanoke's future generations. He stated that Victory
Stadium was dedicated for the glory of God and to the victory in Europe for our
country; and Victory Stadium was born on November 26, 1942, Thanksgiving Day,
and died on December 18, 2000, by a 5 - 2 vote of the Council. He advised that a
stadium is a field, the Greek meaning is linear measurement of a field, with stands
and rising tiers for spectators, and a stadium is basically intended for the purpose of
holding athletic events; therefore, a good turf cannot be maintained while allowing
other types o f activities t o occur. He stated that if Victory Stadium had been
properly maintained by the City over the past 20 years, it would not be in its current
state of disrepair.
471
Mr. William Bova, 2334 Idavere Road, S. W., spoke in support of a new stadium
and advised that he was pleased that the Council has moved forward on the issue.
He stated that the issue centers around Roanoke's youth, its high school students
and athletic teams that need an adequate facility on which to play sports. He
referred to the pride of Roanoke Valley residents in such facilities as the new
baseball stadium and the new high school football stadium in the City of Salem;
Roanoke County is beginning to move forward with the City of Salem on a new water
park, and it is time for the City of Roanoke to move forward with a stadium such as
the proposal for a mixed use facility. He stated that many Roanokers favor some
type of new facility which could be viewed as an economic development tool that
would coincide with the new biotechnology center. Therefore, he asked that Council
do everything it can to move forward with the idea of a new stadium/amphitheater
facility in the Orange Avenue/Williamson Road area.
Mr. Robert Gravely, 1412 Moorman Road, N. W., advised that proposals have
been submitted that did not involve the citizens of Roanoke, or the City's work force.
He stated that Victory Stadium is in its present state of disrepair because it was not
properly maintained by the City for many years. He spoke in support of the
expenditure of funds to renovate Victory Stadium rather than to spend taxpayer's
money to construct a new stadium/amphitheater, and advised that Victory Stadium
will be used if it is marketed properly by the City and will add revenue to the City's
coffers. He stated that the citizens of Roanoke should be given the opportunity to
vote on the fate of Victory Stadium through a public referendum.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., spoke in support of renovating
Victory Stadium for creative re-use. She stated that citizens with historic
connections to Roanoke think about how much poorer the City would be without the
Harrison Museum of African-American Culture or the historic Gainsboro Branch
Library; therefore, Council is implored to maintain and to renovate Victory Stadium.
She advised that throughout the meetings regarding the City's Comprehensive Plan,
Vision 2001-2020, citizens repeatedly talked about bringing young people to the area,
and the need for technology and better jobs; therefore, assuming that those goals
are met, why would the City consider demolishing a 25,000 seat stadium to build a
facility that has less than 10,000 seating capacity at a time when the City says it
wants growth. She called attention to the number of persons who have asked the
City'to keep and to renovate Victory Stadium and to make the facility useable for
Roanoke's youth who will have a greater love of Victory Stadium than any new
facility that might be constructed by the City.
472
Mr. Adam Peters, 3943 Bosworth Drive, S. W., advised that a new high tech
sports complex is a necessity for each high school in the City of Roanoke, and will
enhance the image of Roanoke as a progressive city and help to bring business
partners to the area. He stated that the field of the new stadium should be of north-
south orientation. He spoke to the importance of the addition of a track facility and
expansion of the visitors section to at least 2,500-3,000 seats, which is necessary to
separate opposing fans and students and represents a safety issue. He also spoke
to the importance of including a track facility in the multi functional sports and
entertainment complex because building a track at a separate location without the
required seating capacity to host district and regional metes will not be cost
efficient; and providing one location that can host all athletic events will build pride
. and a sense of unity for all athletes using the faculty.
Mr. Raymond Kessler, 3540 Hartland Road, S. W., requested more information
on construction costs, maintenance costs, parking issues, and costs associated
with shuffle buses. He advised that after all of the figures are publicized, citizens can
reach their own conclusions and they should be allowed to vote their preference
through a public referendum.
Mr. Tom Bradley, 809 Williamson Road, N. W., advised that Victory Stadium
was dedicated to the memory of World War II veterans, the stadium is a part of
Roanoke's history and should be preserved for future generations.
Mr. Woody Deans, 2847 Woodthrush Drive, S. W., Athletic Director, Patrick
Henry High School, advised that it has been stated by some persons that sports is
the primary issue regarding Victory Stadium; and in order for such to be the case,
two major things need to occur with whatever option is selected. He stated that first
is the need to construct a track facility inside Victory Stadium; there has been much
discussion about a multi-use facility and spending more than $1 million to move to
another location that is less desirable and will be outdated by the time it is
constructed; and it has been stated by an official of the Virginia High School League
that in order to host any type of regional or state track mete at least 2,500 to 3,000
people must be in attendance, therefore, the proposed facility would be out of use
the minute it is constructed if a 600 seat track is built; and the needs of cheerleaders
would also be served if a track is built inside the stadium. He added that it is also
important to equally balance the seating on both sides of the field, which could be
done with either option; currently, the gates are closed at football games so that
fans cannot move back and forth from side to side for safety reasons and if both
473
teams are p~aced on the same side, a security issue will be created. He stated that
another important point is that the field should run north to south, all football fields
are set up in that manner, most games are played during late afternoons and early
evenings, and although spectators looking into the sun are uncomfortable, a poor
playing environment would be created for athletes looking into the sun.
Mr. Steve Willson, 2651 Creston Avenue, S. W., a member of the Patrick Henry
High School Boosters Club, spoke on behalf of those athletes who will use the
playing field and reiterated the remarks of Coach Deans that field access is
important; and there is a need for visitors side seating as well as a home side with
perhaps lesser seats on the visitors side. He stated that he has no preference as to
renovating or rebuilding Victory Stadium; Victory Stadium with an essentially brand
new facility can still be Victory Stadium and serve as a memorial and a monument to
World War II veterans; the present stadium, lighting, restrooms, dressing rooms,
concession facilities, wiring, are all of third world quality; and more extensive
renovations are needed than just a few coats of paint or installing new pipes, all of
which should be thoroughly reviewed before reaching the conclusion that
renovation is a feasible option. He stated that his main concern is that the Council
will give at least as much consideration to the athletic needs of Roanoke's high
school students as it gives to revenue building possibilities and the need for a
concert site.
Mr. Danny Smith, 3593 Peakwood Drive, S. W., spoke from the standpoint of a
sports enthusiast, a sports participant and a sports observer. He advised that the
issue is whether the community will support whatever decision is made and take
pride in whatever facility is constructed. He concurred in the remarks of a previous
speaker that facilities in Victory Stadium are of a "third world" quality, and major
renovations will be required. He stated that Roanokers should be able to take pride
in the types of sports facilities that are offered for their use and for persons visiting
the area from other localities, some of which have better playing facilities than
Roanoke. He added that Victory Stadium is in a good location, it is a sound facility
and it should be turned into the type of facility that Roanokers can take pride in.
Mr. Douglas Turner, 545 Highland Avenue, S. W., recommended the
appointment of a citizens commission, including persons with experience in
renovating structures, to determine costs. He advised that from the perspective of
an individual who renovates structures for his livelihood, he can attest to the fact
that in most cases it is less expensive to renovate than to construct something new,
therefore, he encouraged Council to consider the renovation of Victory Stadium.
474
Mr. Stuart B arbour, 9 27 R iverland Road, S. E., c ailed attention t o public
meetings where citizens were given the opportunity to review the various
alternatives and to provide input. He advised that upon assuming her position, the
new City Manager engaged the services of Rosser International to develop various
options. He stated that currently, there is nothing wrong with Victory Stadium that
new lights and new locker rooms will not cure, and it is hard to believe that it will be
necessary to spend over $16 million to renovate Victory Stadium. He added that the
stadium/amphitheater concept is ill conceived, the facts have been misrepresented
and it is wrong not to renovate Victory Stadium.
Mr. J. Granger Macfarlane, 2402 Woodcliffe Road, S. E., advised that Viutory
Stadium is currently in a state of disrepair and needs to be refurbished and updated,
and ultimately aggressively and properly marketed by the City. He commended the
City Manager for placing the stadium under the purview of the management of the
Roanoke Civic Center because Civic Center staff has marketing expertise. He
suggested that a referendum be conducted in November, pursuant to Section 24.2-
684.1, Code of Virginia, 1950, which calls for a special referendum, and advised that
his reason for suggesting a public referendum is that when the overall estimate of a
high ticket item or project exceeds $15 - 20 million, such action calls for more formal
public input and public participation, especially in an area where there is such an
emotional decision at hand. He encouraged Council Members to be of political
courage, and advised that the issue can be re-analyzed if it is felt that some
additional background protection is needed, the referendum can take the form of an
advisory referendum, rather than a bonding referendum, and there is ample
opportunity, both in time and from the standpoint of good solid business judgment,
to give more thorough consideration to such a large and expensive project. *
Ms. Kathy Hill, 509 Arbor Avenue, S. E., spoke in support of renovating Victory
Stadium. She expressed concern that the facility has been allowed to reach its
current state of disrepair because sufficient funds were not appropriated by the City.
She stated that she has followed the issue very closely and has continued to be in
favor of renovation of Victory Stadium, but since it appears that that is no longer an
option she would favor Option No. 1 that allows saving one-half of Victory Stadium
for use. She added that it is important to listen to the concerns of Roanoke's high
school students in regard to the poor sound system and the condition of restrooms
and concession facilities. She advised that money should be spent on improving
these conditions now instead of waiting until it is decided to tear down half of the
stadium and to renovate the other half. She concurred in the remarks of previous
speakers regarding the need for a public referendum to allow the citizens of
Roanoke to vote on the fate of Victory Stadium. She stated that the necessary funds
should be invested in the Roanoke Civic Center now so that it, too, will not fall into a
state of disrepair.
475
Ms. Tiffany Curtis, 1309 Guildford Avenue, N. W., spoke in support of
renovating Victory Stadium as soon as possible, and that Council give further
consideration to including a track facility at the new structure. She inquired as to
how an amphitheater would benefit Roanoke's teenagers, what type of activities will
be held for teenagers in the facility and why was the renovated track taken out of the
new stadium/amphitheater proposal. She asked that the youth of Roanoke be
considered when the final decision is made by Council.
Mr. Robert Wells, 2011 Memorial Avenue, S. W., Apartment B, spoke in support
of construction of an amphitheater. He advised that when he moved to Roanoke, he
was amazed that the City did not have this type of facility which causes Roanokers
to travel to other localities where entertainment venues of this nature are available.
He stated that another option could be a temporary structure to accommodate a
concert series at Victory Stadium which would cost approximately $100,000.00 for a
six month season, not including union labor and other associated costs.
Mr. Burch Sweeney, 3605 Heritage Road, S. W., advised that Victory Stadium is
approximately 58 years old; the last big time college football game, VMI and VPI, was
played in Roanoke about 33 years ago and there is nothing that will entice Virginia
Tech to leave Lane Stadium and come back to Roanoke. He stated that society and
entertainment venues, in general, have changed over the years; in the past, Roanoke
could fill 25,000 seats in Victory Stadium, but that cannot be done in today's world
because concert promoters will not come to Roanoke, especially during the summer
season; and most concerts in major cities are held in outdoor venues that are true
amphitheaters. He added that the City of Roanoke should invest its money wisely
and provide not only a new sports facility, but a multi-purpose facility where
concerts can be held which will enable the City to offset operating costs. He stated
that Roanoke's students and athletes deserve and need a new facility; those persons
who fought in World War II should continue to be recognized and a new Victory
Stadium would fulfill both purposes. As managers and leaders of the City, he asked
that Council give Roanoke's students and citizens a new Victory Stadium, while
continuing to recognize the sacrifices of the World War II generation.
Ms. Rebecca Sweeney, 3605 Heritage Road, S. W., spoke in support of
demolishing Victory Stadium and constructing a new facility. She stated that the
proposed plan, along with a playing field on the north-south axis, would best benefit
those athletes and citizens that use Victory Stadium; the plan would effectively
address a change in seating arrangements to 6,000 - 7,000 seats on the side
opposite the amphitheater and approximately 2,000 seats on the actual amphitheater
side; and along with an eight lane all weather track, the proposal would provide all
citizens and specifically high school and middle school athletes with a state-of-the-
art sports and concert venue.
476
Mr. Ron Cronise, 4001 Lake Drive, S. W., President, Patrick Henry High School
Boosters Club, reiterated the remarks of Coach Woody Deans and other
representatives of the high school athletic community. He stated that he has not
heard anyone say that they do not favor taking some type of action; therefore, it is
requested that Council expedite the process leading to a facility that the Roanoke
Valley and, in particular, the athletic community will support. He added that tnose
items that were presented by high school athletes, their parents and other members
of the Boosters Clubs are of primary concern and importance to the program;
however, he asked that the matter not be delayed for another year before some
action is taken. He advised that Council's serious and honest consideration and
action will be greatly appreciated by the majority of Roanoke's population.
The Mayor advised that in the interest of time, no formal presentation would
be made by the City Manager on the options under consideration by Council.
There being no further speakers, the Mayor declared the meeting adjourned at
8:50 p.m.
APPROVED ~j
Mary F. Parker Ralph K. Smith
City Clerk Mayor
477
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
February 5, 2001
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
February 5, 2001, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to
Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of
Procedure, Rule 1, Reqular Meetings, Code of the City of Roanoke (1979), as
amended.
PRESENT: Council Members William H. Carder, C. Nelson Harris, W. Alvin
Hudson, Jr., William White, Sr., Linda F. Wyatt, William D. Bestpitch and Mayor
Ralph K. Smith ........................................................ 7.
ABSENT: None ................................................... O.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
COMMITTEES-CITY COUNCIL: A communication from the Honorable Ralph K.
Smith, Mayor, requesting a Closed Meeting to discuss vacancies on various
authorities, boards, commissions and committees appointed by Council, pursuant
to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the
body.
Mr. Harris moved that Council concur in the request to convene in Closed
Meeting as above described. The motion was seconded by Mr. Bestpitch and
adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... O.
478
CITY COUNCIL: A communication from the City Attorney requesting a Closed
Meeting to consult with legal counsel on a matter of actual litigation, pursuant to
Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body.
Mr. Harris moved that Council concur in the request to convene in Closed
Meeting as above described. The motion was seconded by Mr. Bestpitch and
adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... O.
CITY COUNCIL-CITY EMPLOYEES: A communication from Council Member
C. Nelson Harris, Chair, City Council Personnel Committee, requesting a Closed
Meeting to discuss the performance of two Council-Appointed Officers, pursuant
to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the
body.
Mr. Harris moved that Council concur in the request to convene in Closed
Meeting as above described. The motion was seconded by Mr. Bestpitch and
adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... 0.
At 12:20 p.m., the Mayor declared the meeting in recess to be reconvened in
the Emergency Operations Center Conference Room, Room 159, for a briefing by
the City Manager with regard to the 1-73 project.
At 12:25 p.m., the meeting reconvened in the EmergencyOperations Center
Conference Room, Room 159, with all Members of the Council in attendance, with
the exception of Council Member White, Mayor Smith presiding.
STATE HIGHWAYS-CARILlON BIOMEDICAL INSTITUTE: Robert K. Bengtson,
Director of Public Works, introduced Fred C. Altizer, District Administrator, Virginia
Department of Transportation; and Chris Lloyd, Planner and Coordinator, Virginia
Department of Transportation, for a briefing on the 1-73 project.
479
Mr. Altizer presented an overview of the proposed 1-73 project and advised
that the Transportation Department concluded its series of public hearings on
January 12, 2001; and the Transportation Department will present its findings to
the Commonwealth of Virginia Transportation Board in April or May 2001.
Mr. Lloyd highlighted the five main discussion points from the public
hearings which were held from November 2000 -January 2001, as follows:
Economic Benefits
Traffic Element
Adjacent Roadway Network
Air Quality
Property Impacts
Economic benefits, i.e.: support economic growth, economic vitality
and maintain existing competitiveness; direct benefits -
accident/crash reduction, travel time savings and operational savings;
and indirect benefits - employment, spending and fiscal revenues.
Focused on six studies for research purposes, viz: 1994 and 1995
Virginia Employment Commission/Virginia Transportation Research
Council Study, 1999 TransAmerican Study, 1996 FHWA Study Nos. 1
and 2, 1996 NCHRP and the 2000 City of Roanoke Study.
1994 AND 1995 Virqinia Employment Commission/Virqinia
Transportation Research Council
The Virginia Transportation Research Council studied the 1-81
corridors in southwest Virginia, including 1-77, and the Council
concluded that this corridor was the best corridor in terms of overall
economic impact for the State. The Council studied the type of jobs
that would be generated around a transportation facility; their
estimates attributed to 2,600 to 4,500 jobs would accrue to the
service sector at the interchanges. There was significant amount of
baseline information to prove that transportation investment and
economic development goes hand in hand.
An adjacent study prepared two years ago by the Virginia Department
of Transportation with Federal Highway Administration funds as part
of an ISTEA grant identified a high priority corridor similar to the
480 -
proposed 1-73 is the TransAmerica corridor, which is a west to east
coast facility. Emphasis was from Beckley, West Virginia, to Virginia
Beach, Virginia. The Transportation Department looked at improving
1-64, U. S. 220, and U. S. 460 under two scenarios, controlled access
facility versus an interstate facility, and the result in terms of job
growth was a prediction for a freeway, a full interstate facility, 69,000
jobs would accrue from that type of transportation investment, with a
controlled access facility and 27,000 jobs.
1996 Federal Highway Administration Studies One and Two
The Federal Highway Administration conducted two studies in 1996.
The first study evaluated over 4,500 construction projects nationwide,
transportation construction projects between 1987-1993. The
findings were for every billion dollars of transportation investment,
construction projects would result in approximately 42,000 -44,000
jobs.
The second project was an evaluation of the proper mix of projects
versus public funds and transportation. The conclusion was earlier on
in the 1940's and 1950's when there was an overwhelming amount of
public dollars going into the infrastructure and transportation. The
linkage between transportation investment and economic
development is still extremely significant, particularly on a local level
in terms of attracting private capital into the area. The conclusion
from the study was that local level transportation dollars were very
well spent, particularly in meeting those types of employment goals.
996 National Cooperative Hiqhway Research Proiect
The National Cooperative Highway Research Project is an ongoing
think tank that does research in terms of economic development. The
Transportation Department studied various transportation issues, i.e.,
ridership, construction costs, and new technology. The National
Cooperative Highway Research team studied 47 departments of
transportation throughout the country, as well as six provinces in
Canada, and evaluated approximately 140 different research studies
linking or attempting to link economic impacts with transportation
investment. With regard to highway investments, the focus was on
the effects of by-pass construction on small to medium size towns,
481
and in terms of gross sales, retail and wholesale, and in employment,
investments grew rapidly where communities had constructed
by-passes versus controlled communities with no by-passes.
2000 City of Roanoke Study
The five factors noted in the Study that affected the City's economic
base were: access to sites, travel time reduction, shifting of traffic
volumes, congestion delay, and business disruption/relocations.
Comparison analysis shows how the options or alternatives stack up
in terms of economic factors that influence the City of Roanoke.
Based on the results, Option 3 which will travel through the center of
the City, had the most positive effect of all five factors; and no bill
had the least effect or negative effect in terms of access, travel time,
shifting traffic lines and congestion.
The Transportation Department is under Congressional mandate to
evaluate the interstate option for 1-73. The ISTEA funding in 1990,
the National Highway System Act of 1995, and the T21 reenactment
or reauthorization of the highway act and amendments thereto, 1-73
must be tied to or be built to interstate standards from Portsmouth,
Ohio, to Charleston, South Carolina. The entire length of the corridor
goes through Michigan to Canada; but from Portsmouth, Ohio, to
Charleston, South Carolina, the Transportation Department is
compelled to evaluate the interstate option and development of the
purpose and need.
Recent study completed by TransAmerica was done in Virginia
comparing the upgrades of Routes 460, 220 and 64 to controlled
access standards.
Transportation Systems Managements (TSM) is a concept developed
by the Federal Highway Administration as an alternative to squeeze as
much capacity out of the urban area system as possible without
provoking the need for additional lane capacity. TSM are a series of
minor improvements for safety, signals, left turn lanes, operational
features, etc.
482 -
Mr. Bestpitch inquired about the importance to build 1-73 in Virginia to a
higher design standard than what is required by the transportation departments in
West Virginia or North Carolina. Mr. Altizer stated that an interstate standard
deals with lane width and design speed, and according to the Federal Highway
Administration, it must be a limited access, grade separated highway before an
interstate shield can be placed on it; and there cannot be intersections or traffic
signals. Mr. Bestpitch added that if the City is going to experience a significant
increase in traffic volume through Roanoke heading south, eventually, there will be
a highway in North Carolina that is not built to the same capacity in terms of
speed, etc. He also expressed concern about the flow of traffic down 1-73 to
North Carolina that at some point would end at a roadway that is not built to the
same standards as Virginia.
Mr. Alitzer responded that whatever roadway is built by North Carolina will
be of a high standard; and the State of North Carolina has been historically
aggressive in its transportation system and has usually overbuilt for capacity rather
than underbuilt.
Mr. Lloyd commented on concerns expressed by citizens regarding the travel
demand through the area. He noted that the Transportation Department is
studying essentially eight lanes of capacity if Option 3 and parts of Option 2 are
built (the 581 improvement); the Transportation Department has auxiliary lanes
that are counted which will make the lane count higher between Orange Avenue
and Elm Avenue; therefore, central Option 3 alternative was selected. Regardless
of which alternative is selected, he stated that the Transportation Department will
take a closer look at the interchanges and how they function. In response to the
impact of building a new interstate either east or west or imposing 1-73 on 1-581
to the City's transportation system, he pointed out that there are new interchanges
being proposed as the result of a new development at the Riverside Centre for
Technology, and various issues will be addressed such as connecting arterials
because interchanges attract traffic, capacity issues, grant configurations at
interchanges, etc. He added that the Transportation Department will also take into
account the network effect, the overall operation of the system, how the central
alternative selection (Elm Avenue, Williamson Road, Wonju Street and Franklin
Road) will operate.
483
With regard to air quality, Ms. Wyatt inquired as to whether or not sound and
noise aesthetics will be addressed in the Draft Environmental Impact Statement
and whether a proposal from the Transportation Department will be presented
ahead of time. Mr. Lloyd responded that sound and noise aesthetics have been
addressed in the draft statement; and in terms of regional air quality, all
transportation projects on regional air quality in the Roanoke area is yet to be
addressed.
Mr. Bestpitch inquired about options in connection with 1-73 resulting in a
net positive impact on air quality in the Roanoke Valley and specifically Roanoke
City; whereupon, Mr. Lloyd stated that the Transportation Department is not
predicting improvements with regard to air quality in the Roanoke Valley.
In summary, Mr. Lloyd called attention to eight of the 11 built alternatives
under consideration that will directly impact Roanoke one way or the other; the
range of residential property is anywhere from a Iow of 78 dwelling units
(apartment complex or single family detached home) up to 246; and there is a
wide range of impact depending on which alternative is selected. With regard to
commercial property, he added that depending upon the alternative selected,
businesses could range anywhere from a Iow of 29 up to 40, non-profit properties
could range from four to five; and information on the above referenced
alternatives is documented in the right-of-way portion of the draft statement.
Following additional comments by the Members of Council, Mr. Bestpitch
moved that Council go on record as opposing the option designated by the
Virginia Department of Transportation as 376 through the City of Roanoke and
also opposing any other route through the City other than 374 and 375 as shown
on a map presented by Department of Transportation representatives. The motion
was seconded by Ms. Wyatt.
The Mayor advised that he is not in favor of 376, but opposes tying the
hands of the Department of Transportation as it studies the best possible route
through the City of Roanoke.
There being no further comments, the motion was adopted by the following
vote:
AYES: Council Members Harris, Wyatt and Bestpitch ................... 3.
NAYS: Council Members Carder and Mayor Smith ..................... 2.
484
(Council Member Hudson was not present when the vote was recorded, and
Council Member White was absent.)
At 1:25 p.m., the Mayor declared the meeting in recess to be reconvened in
the Council's Conference Room for three Closed Sessions.
At 2:00 p. m., on Monday, February 5, 2001, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor,
Noel C. Taylor Municipal Building, 21 $ Church Avenue, S. W., City of Roanoke, with
the following Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members William H. Carder, C. Nelson Harris, W. Alvin
Hudson, Jr., William White, Sr., Linda F. Wyatt, William D. Bestpitch and Mayor
Ralph K. Smith ..................................................... 7.
ABSENT: None ................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer byThe Reverend Carl T.
Tinsley, Pastor, First Baptist Church, Buena Vista, Virginia.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATIONS: The Mayor presented a proclamation declaring Monday,
February 5, 2001, as Junior League of Roanoke Valley, Virginia, Inc. Oh My Stars!
Day.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
485
MINUTES: Minutes of the regular meetings of Roanoke City Council held on
Monday, August 7, 2000, and Monday, August 21,2000, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Carder moved that the reading of the Minutes be dispensed with and
that the Minutes be approved as recorded. The motion was seconded by Mr.
Harris and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
ABSENT: None ................................................... 0.
COMMI'I-rEES-HOTEL ROANOKE CONFERENCE CENTER: A communication
from James D. Ritchie, Deputy City Manager, tendering his resignation as a City
representative to The Hotel Roanoke Conference Center Commission, effective
April 1, 2001, was before Council.
Mr. Carder moved that the resignation be accepted and that the
communication be received and filed. The motion seconded by Mr. Harris and
adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
ABSENT: None ................................................... 0.
COMMITTEES-BLUE RIDGE BEHAVIORAL HEALTHCARE SERVICES: A
communication from S. James Sikkema, Executive Director, Blue Ridge Behavioral
Healthcare, advising of the resignation of Ann Janney-Schultz as a member of the
Blue Ridge Behavioral Healthcare Board of Directors, was before Council.
Mr. Carder moved that the resignation be accepted and that the
communication be received and filed. The motion was seconded by Mr. Harris and
adopted by the following vote:
486
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
ABSENT: None ................................................... 0.
COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP COMMI~I'EE: A
communication from Mark Petersen tendering his resignation as a member of the
Roanoke Neighborhood Partnership Steering Committee, was before Council.
Mr. Carder moved that the resignation be accepted and that the
communication be received and filed. The motion was seconded by Mr. Harris and
adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
ABSENT: None ................................................... 0.
CITY PLANNING COMMISSION-HOUSING/AUTHORITY-RIVERSIDE CENTRE: A
communication from the City Manager requesting approval to advertise a Special
Meeting of Council to conduct a joint public hearing on the South Jefferson
Redevelopment Plan with the City Planning Commission and the Roanoke
Redevelopment and Housing Authority on Monday, February 26, 2001, at 7:00
p.m., in Fitzpatrick Hall, at The Jefferson Center, 541 Luck Avenue, S. W., was
before the body.
Mr. Carder moved that Council concur in the request of the City Manager.
The motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... 0.
OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: A report of
qualification of Clarence W. Hall as a member of the Advisory Board of Human
Development, for a term ending November 30, 2004, was before Council.
487
Mr. Carder moved that the report of qualification be received and filed. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MA'I-FERS:
ROANOKE NEIGHBORHOOD PARTNERSHIP-HOUSING: Ms. Gloria Dorma,
1327 Moorman Avenue, N. W., appeared before Council and reiterated her remarks
which were presented at the October 4, 1999 Council meeting, in which she
requested that Council and City staff consider the matter of housing density in
connection with new housing construction, particularly in the northwest section of
the City of ROanoke. She asked that her remarks be referred not only to the City
Manager, but to the City Attorney for review as to any legal ramifications.
ARMORY/STADIUM-SCHOOLS-YOUTH: Lieutenant Colonel Harry C. Garner,
Department of the United States Army, Roanoke .Recruiting Station, appeared
before Council and spoke in support of U. S. Army opportunities. He stated that
the military instills discipline, ethics, morals and values in today's youth; and
highlighted educational opportunities available to youth during and after
enlistment in the U. S. Army.
Mr. Bestpitch moved that Council support U. S. Army opportunities. The motion
was seconded by Ms. Wyatt and unanimously adopted.
PETITIONS AND COMMUNICATIONS:
BUDGET-CITY CLERK-CITY EMPLOYEES: A communication from Council
Member C. Nelson Harris, Chair, City Council Personnel Committee, requesting
that establishment of an Assistant City Clerk position in the City Clerk's Office be
referred to fiscal year 2001-02 budget study, was before the body.
It was advised that as a part of the City Clerk's mid-year performance
evaluation with the Members of Council in January, 2001, she requested that
Council authorize the establishment of an Assistant City Clerk position to be
488
responsible primarily for assisting with electronic City Council agenda preparation,
document imaging and training of staff, updating various records management
data, and other related duties.
Mr. Harris moved that the matter be referred to fiscal year 2001-02 budget
study. The motion was seconded by Mr. Carder and unanimously adopted.
BUDGET-TAXES: A communication from Council Member William White, Sr.,
requesting that the matter of an increase in the City's transient room tax be
referred to fiscal year 2001-02 budget study, was before Council.
Mr. White spoke in support of an increase of one cent in the Transient Room
Tax, effective July 1, 2001, which would result in approximately a $314,000.00
increase in annual revenue to the City; and that the increased revenue be reserved
for the Roanoke Valley Convention and Visitors Bureau, or the City's designee, for
use in marketing efforts. He cited the following benefits:
The tax would be paid almost entirely by visitors from outside the City
of Roanoke.
By directing the increased revenue to the Roanoke Valley Convention
and Visitors Bureau, the City has an opportunity to increase other
taxes: i.e., the sales tax and the meals tax.
The City's tax base will be improved since less reliance will have to be
placed on real estate taxes, thus, improving the integrity of the City's
tax base.
If the City provides adequate funding to the Convention and Visitors
Bureau, other participating jurisdictions will follow and increase their
funding. The City will then have an adequate budget to sufficiently
market the Roanoke Valley and benefit all of its citizens.
Mayor Smith advised that he has not supported tax increases in the past,
and therefore, would abstain from voting on the matter.
There being no further discussion, Mr. White moved that the matter be
referred to 2001-02 budget study. The motion was seconded by Mr. Bestpitch and
adopted, Mayor Smith abstained from voting.
489
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
WATER DEPARTMENT: The City Manager introduced Michael McEvoy,
Director of Utilities, for a presentation with regard to the Crystal Springs Pumping
Station.
Mr. McEvoy highlighted the following:
The City's Water System is unique due to the topography.
The elevation at Carvins Cove Reservoir allows the City to produce the
water which cuts down on pumping and electrical costs and to serve
the higher elevations in the City's service area.
The City pumps smaller amounts of water into storage tanks that
serve individual neighborhoods and sections of the City.
The three primary water sources in the City's system are Carvins Cove
Reservoir, a 28 million gallon per day surface water treatment plant,
which is fed by rainfall and several creeks in the watershed; the
Falling Creek facility, located on the eastern side of the City, is a 1.5
million gallon per day facility that serves primarily the eastern service
boundaries of the City's water system; and the Crystal Springs facility
which was once the City's primary water source for a number of years.
Water mains are constructed of two types of materials, i.e.: cast iron
which was in service from the 1880's, and since 1965, the City has
used ductile iron pipe, which is a more flexible pipe that allows for
better durability during colder conditions. A number of main breaks
during the winter were primarily due to cold weather, and the City
experienced over 100 main breaks in December 2000 and early
January 2001, which were of cast iron pipe or associated with the cast
iron pipe that was installed between 1945 an 1965.
490
Current initiatives underway are the ground water development
program which has been moderately successful; some successful
wells at the Carvins Cove facility, investigation of a well at the Muse
Spring facility, and planning of a regional water supply study with the
Roanoke Valley-Allegheny Regional Planning Commission.
City staff is revising current conservation plans, studying a water
source assessment of the Carvins Cove facility, restructuring the
utility rate system which does not promote conservation; reviewing
details with regard to the purchase of water; and refining the pricing
of water purchased by other jurisdictions.
Future initiatives include capital facilities planning, increased support
for fire protection in the community; development of a program to
replace aging water mains, and performance measures to streamline
operations.
Mr. McEvoy called attention to the Crystal Springs facility which once was a
water source for the City of Roanoke for a number of years providing excellent
water quality; a typical flow from Crystal Spring is 3~ to 4 million gallons per day
unaided by any pumping that comes naturally to the surface; and in 1996,
revisions to the Safe Drinking Water Act required the filtering of systems similar to
Crystal Springs. He noted that although Crystal Springs is awater source of good
quality, it fits the description that the Safe Drinking Water Act was intended to
protect against; and the City is currently studying a process to be used at Crystal
Springs known as "microfiltration," or a physical filtration of the water.
Mr. McEvoy stated that the Engineering Department has established a
competitive bidding process with two primary vendors who use the microfiltration
equipment to encourage competition. He further stated that some of the
advantages of a microfiltration system over the conventional treatment is that the
process is an established technology and an automated operation that does not
require labor and the Health Department does not require a dedicated operator.
491
Mr. McEvoy indicated that the primary advantage of the microfiltration
system is the size; Crystal Springs Pumping Station has limited space, therefore, it
would be impossible to construct a conventional water treatment plant at that
location; and the disadvantage is that the microfiltration system reaches an
economic breakpoint at about six million gallons per day; when capacity is
exceeded, it becomes more cost efficient to install a conventional filtration plant;
and filter cell replacement could be an issue when cells plug up over time and
must be replaced.
Mr. McEvoy reviewed the following project schedule:
Receive bids on the equipment in February 2001;
Select a vendor;
Bids due in March, 2001;
Complete design and bid construction in September 2001; and
Completion of facility in May 2002.
Mr. McEvoy advised that construction of the Crystal Springs filtration system
is estimated to cost $6.5 million, but could be less following completion of the
design phase and possible funding sources. In response to an inquiry regarding a
potential regional water authority with Roanoke County to share water at the
Spring Hollow Reservoir, he advised that Roanoke County is allowed to pump water
out of the Roanoke River into the Spring Hollow Reservoir during certain periods of
the year; and although Spring Hollow is a newer reservoir with a lot of storage
capacity, Roanoke County has similar issues and actually looks to the City of
Roanoke in the event of a drought.
Mr. McEvoy stated that Roanoke County and the City of Roanoke have a
number of interconnections, both localities trade water daily, serve different areas,
have the ability to purchase up to four million gallons per day of water from each
other; however, the purchase of water from Roanoke County is much more
expensive. He further stated that the City of Roanoke and Roanoke County are
working on a joint project involving installation of a water line along Loch Haven
Road that will boost service pressures for both localities.
The City Manager advised that a study committee was formed as afirst step
toward the concept of identifying future needs, rate restructuring, and promoting
conservation in general; and the end result is to create a regional solution to water
issues.
492
The City Manager stated that the briefing was for information purposes and
she would report to Council following award of the construction bid.
PARKS AND RECREATION-TRAFFIC: Philip C. Schirmer, City Engineer,
presented a briefing on a plan for proposed improvements along Wiley Drive. He
stated that the plan provides for more than one and one-half miles of continuous
greenway and accommodates one way vehicular traffic eastbound from Wasena
Park toward Smith Park, makes good use of existing resources and uses existing
pavement; the plan was a collaborative effort among City staff representing
Engineering, Parks and Recreation, and the Planning Departments; and the City's
Greenway Commission members, Barry Baird, Lucy Ellet and Bob Fetzer, provided
input to the plan, the plan was reviewed by Liz Belcher, Roanoke Regional
Greenways Coordinator, and two mobility impaired citizens, Christine Montgomery
and Gordon Davidson.
He reviewed the following details of the plan:
Typical Section
· Narrow vehicular lane - - traffic calming
· Generous trail section, generally ! 1 feet or more
Median Barrier
· Provides separation of trail users and motor vehicles
· Two foot wide, six inch raised median
· Planter boxes
Plan Orientation
Pedestrian Crossinas
· Safety
· Traffic islands
Trail Head Parkinq
· Approximately 90 parking spaces, each has handicap van accessible
spaces
493
Lighted Facility
Existing street lights
Height Restrictions
· standard school bus 10' 6"
· handicap school bus 9' 0"
Wasena Park
· Proposing less permanent improvements, impact of the Corp of
Engineers Flood Reduction Project, very tight budget, $200,000.00
Schedule
· With the governing body's endorsement, could be completed by mid-
summer.
Mr. Hudson asked for clarification concerning the traffic pattern of Wiley
Drive between Franklin Road and Roanoke Memorial Hospital; whereupon, Mr.
Schirmer confirmed that Wiley Drive would remain a two-way street in that area.
Ms. Wyatt commented that Smith Park was the only area Council voted to
make one way traffic, causing traffic through Wasena Park to be one way and
limiting access by larger buses would greatly affect access by school children
because it would be cost prohibitive for the schools to place regular classes of
children on large buses, and special education children on smaller buses,
therefore, she inquired as to how the buses would exit the parking areaofWasena
Park. Mr. Schirmer responded that buses would go in from Winchester Avenue at
the far end of Wasena Park, traverse through Wasena Park and come out at the
Winchester/Winona intersection, which would require using a smaller bus to access
Smith Park. Ms. Wyatt stated that special education children are integrated into
regular classrooms, it would be cost prohibitive for a school to transport regular
and special needs children in separate buses, and doing so would violate several
Federal laws. Mr. Schirmer responded that City staff was asked to explore a one
494
way plan, the Franklin Road Bridge was identified as a constraint and could not be
addressed without the expenditure of large sums of money, and using smaller
buses in order to go under the bridge was an option. Ms. Wyatt reiterated that it
was not an issue of acceptability, but violation of Federal laws; whereupon, Mr.
Schirmer suggested that the matter be reviewed by the City Attorney.
Mr. Carder inquired about stop signs at pedestrian crosswalks. Mr. Schirmer
responded that some type of regulatory warning sign would be placed at such
locations. Mr. Carder suggested that stop signs be installed for all traffic,
inasmuch as bike riders and skate boarders approach intersections rather quickly,
and that consideration be given to posting the speed limit at 13 mph versus 1 $
mph.
Mr. Bestpitch clarified that the motion that was adopted by Council on
October 16, 2000 was, in essence, that those persons who wanted to keep Smith
Park completely closed to vehicular traffic would give up half of the width for one
way vehicular traffic, but would gain the length of Wasena Park; and one way
design would extend all the way from the east end of Smith Park to the west end of
Wasena Park. He expressed regret that some Members of Council were confused
over the wording of the motion. He stated that he appreciated the concern
regarding access for those persons who have disabilities insofar as the ability to
drive back and forth underneath the Franklin Road Bridge, however, that issue has
nothing to do with the proposal to extend one way traffic and to allow a lane for
non vehicular use through Wasena Park; and any proposal to open Smith Park to
one way traffic only would encounter the same problem of the height restriction of
the Franklin Road Bridge.
Mr. Hudson expressed confusion regarding the motion that was adopted by
Council on October 16, 2000, and advised that his understanding of the motion
was that there would be one way traffic from Winona Avenue down to Wiley Drive
with barriers and the greenway. He stated that to close access to Wasena Park by
one way traffic would create an inconvenience to school children and all other
persons who use the park.
495
Mr. White asked City staff for clarification that whatever improvements are
made can be removed at some point in time due to the Roanoke River Flood
Reduction Project. Mr. Schirmer responded that the current plan calls for the
roadway surface of Wiley Drive to be removed from the extreme western end at
Winchester Avenue to the former transportation museum, the vehicular way would
be lost but a trail section is planned through the area, and City staff was looking
for an inexpensive, temporary-type measure for Wasena Park, with the knowledge
that improvements could potentially be lost within approximately two years.
Mr. White spoke in support of not disturbing Wasena Park until the Corp of
Engineers completes the Roanoke River Flood Reduction Project, because to make
improvements now and include Wasena Park in the project will be a waste of
taxpayers' money. In addition, he stated that there was confusion about the
motion adopted by Council on October 16, 2000, inasmuch as some Members of
Council were of the understanding that there would be one way traffic from
Winona Avenue through Smith Park.
If the Roanoke River Flood Reduction Project moves forward, Mayor Smith
inquired if the remainder of the project could be completed without Wasena Park.
The City Manager responded that City staff is not adverse to limiting the
area to that which was initially under consideration, however, action by Council
would be necessary to effect any changes.
Following discussion, the City Attorney stated that Council could request
that the matter be brought back to the Council floor with a report by the City
Manager as a new matter, without requiring a motion, and it would then be
necessary for Council to amend the motion previously adopted.
Mr. White moved that Council receive the City Manager's report, with
objection, and instruct the City Manager to review implications, if any, of not
including Wasena Park and that a report by the City Manager be submitted to
Council at its next regular meeting on Tuesday, February 20, 2001. The motion
was seconded by Mr. Hudson.
Ms. Wyatt offered an amendment to the motion to include a proposal that
will address children with disabilities that will allow for full access to the area. The
amendment was seconded by Mr. Hudson.
496 -
Mr. Bestpitch expressed concern with regard to Council reconsidering a
compromise solution that was adopted by motion of Council on October 16, 2000,
which addresses the concerns of those persons who oppose any vehicular traffic in
Smith Park in the future.
Upon question, the City Manager stated that she would not be comfortable
in moving forward without reviewing the Americans With Disabilities Act; and there
are solutions concerning the height of the Franklin Road Bridge which will involve a
considerable sum of money; whereupon, she requested two weeks in which to
review the matter.
In the interest of time, Mr. Harris advised that he would support the motion;
however, he encouraged Members of Council to raise questions whenever
clarification of a motion is in order.
Mr. Hudson called for the question. The motion was seconded by Mr. Harris
and unanimously adopted.
The motion offered by Mr. White, seconded by Mr. Hudson, as amended, was
adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt and Mayor
Smith ............................................................... 6.
NAYS: Council Member Bestpitch ................................... 1.
CITY GOVERNMENT-INTERNET: The City Manager introduced Craig Fifer, the
City's Webmaster, for an update to the new Roanoke web site.
Mr. Filer advised that since August 1996, approximately two million visitors
have accessed information on the City's website. He called attention to
improvements to the web site, i.e., aesthetics of the homepage since its inception,
which incorporates more interactivity, creation of a site for interaction with City
government, the ability to transact business with City Hall, and to offer ideas and
suggestions, as well as reference material that has been on-line for some time.
497
Mr. Fifer highlighted the following with regard to the newly web site:
· a much more modern look
the two most visually remarkable scenes of the City; the star
and the skyline
· a new site name which is easier to remember: roanokegov.com
· a service oriented approach, rather than departmental approach
a site that is divided into a number of different perspectives:
three categories for visitors - Living in Roanoke, Visiting
Roanoke, and Doing Business, which are linked to different web
sites such as the Roanoke Valley Convention and Visitors
Bureau, Downtown Roanoke, Incorporated, etc., business
forms, tax information, economic development incentives and
assistance programs, FAQ's
information on addresses, telephone numbers, and e-mail
addresses to contact the City, with a section on City Council
where one can access information on how to contact a member
of Council, with fully integrated e-mail to the contact
information, each Member of Council has an e-mail address,
and messages can be forwarded to the Members of Council
access to agendas for Council meetings back to ] 996, and the
ability to download the entire Council package prior to a
Council meeting
web casting of Council meetings will begin in the near future
using RVTV equipment to cable cast meetings
· access to the Roanoke City Code
a repository of forms that can be downloaded or printed to
assist in transacting business with the City
498
a section of maps and data where one can type in an address
and receive directions to Roanoke, or see a map of any location
in the City
links to various related websites ranging from elected officials
at local, state, and federal levels, to cultural service
organizations, and to other localities and attractions in the area
guest book where one can leave feedback
an index with an alphabetical listing of all features on the web
site
new interactive features such as the on line job application
system
use of a major credit card to pay taxes, parking tickets, utility
bills, and ambulance billing on line
· aCitywide calendar of events where on can brouse and search
· access to the Roanoke Valley Public Library catalog
a geographic information system which incorporates and
integrates all City real estate, tax and utility mapping with
assessment data
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
ITEMS RECOMMENDED FOR ACTION:
COMMERCIAL PRINTING SERVICES-SCHOOLS: The City Manager submitted a
communication advising that on November 19, 1999, the Department of
Management Services was authorized to enter into a one-year contract with Woody
Graphics, Inc., to provide commercial offset printing services for City departments
and agencies at an annual cost of $51,307.00, which contract will expire on
January 31,2001; in anticipation of expiration of the printing contract and acting
499
on a suggestion from a Member of the Roanoke City School Board, staff of the
Office of Management and Budget met with a representative of the Roanoke City
Public Schools to determine if there were areas of operation that could be
accomplished through a joint effort; and Roanoke County was also represented at
the meeting.
It was further advised that common services used by each entity include:
The City of Roanoke provides in-house courier services and
contracts out commercial offset printing,
postage/presorting, and back-up courier service.
Roanoke City Public Schools provide in-house courier
services, printing services through an in-house copier
operation, and contracts out for postage/presorting, and is
interested in contracting out some of its printing.
Roanoke County provides in-house courier services and
contracts out commercial offset printing and postage, and
has a need for occasional courier back-up.
It was stated that because the three entities are spread out geographically,
have copier technology capabilities in-house rather than commercial-grade offset
printing, and individually cannot provide services to the other entities without
adding staff and equipment, all of which would significantly increase the cost of
the services to be provided, would make it impractical to share the services;
therefore, the recommendation is to share "joint contracts" instead, which will
allow the entities to use services at one Iow contract price; it was agreed that as
the City's printing, courier, and postage contracts become eligible for rebid, the
three entities will work together to develop specifications and effect the shared
contract coverage; formal bids were requested for full commercial offset printing
services on behalf of the City of Roanoke and back-up printing services for
Roanoke City Public Schools, and Roanoke County chose not to participate at this
time.
50O
It was explained that the lowest responsible bid meeting specifications was
submitted by Woody Graphics, Inc., at an annual cost of $51,307.00, which is the
same annual cost of the City's current printing contract; funding for printing
services is available in user department operating accounts; and the cost over the
five year life of the contract is approximately $256,535.00 for services provided to
the City of Roanoke.
The City Manager recommended that she be authorized to enter into aone-
year agreement with Woody Graphics, Inc., with the option to renew for four
additional one-year periods, for commercial offset printing services at various
costs per impression, totaling approximately $51,307.00 per year, or
approximately $256,535.00 over the five-year period of the contract; and reject all
other bids received by the City.
Mr. Harris offered the following resolution:
(#35194-020501 ) A RESOLUTION accepting the bid of Woody Graphics, Inc.,
to provide commercial printing services, upon certain terms and conditions, and
awarding a contract therefore; authorizing the proper City officials to execute the
requisite contract for such work; and rejecting all other bids made to the City for
the work.
(For full text of Resolution, see Resolution Book No. 64, Page 102.)
Mr. Harris moved the adoption of Resolution No. 35194-020501. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... O.
AFFIRMATIVE ACTION: The City Manager submitted a communication with
regard to the City's affirmative action goals and efforts during the past year.
She advised that it has been a difficult and challenging year with regard to
filling vacancies because of the Iow unemployment rate, which makes the
accomplishment of affirmative action goals and achieving diversity in the
organization more challenging; in many respects, positions have been held open
rather than make choices that might not allow for greater diversity to be achieved;
501
and she is committed to seeking the best and brightest candidates to fill the
positions with the City Administration. She expressed disappointment with the
lack of achievement in some areas and stated that some procedures have been in
place that not only make managers more accountable and responsible, but have
increased sensitivity to the issue during the last year.
Mr. White noted that after reading the report and narrative, it appears that
the City has been standing still; however, some of his concerns with regard to
diversity, the lack of opportunity for promotion, and retention of talented
individuals, have been addressed by the City Manager. He reiterated a previous
request that the City's Affirmative Action and Diversity Initiatives report be
submitted to Council, automatically, by the City Manager on an annual basis.
Ms. Wyatt advised that the report was fairly accurate and honest and
expressed concern with regard to the 64.7 per cent of managers who represent
white males, an increase of 9.1 per cent, which is almost 2 to 1, which creates a
situation or a norm for an organization that can be subtly and insidiously biased.
She encouraged the City Manager to consider implementation of certain types of
intensive diversity training programs for the City's managerial staff.
Ms. Angela Norman, 1731 Michael Street, N. W., advised that she presented
the same concerns, i.e., favoritism and discrimination in the hiring and
promotional practices of municipal government, at the September 22, 1997,
meeting of Council. She pointed out that the report states that the "City of
Roanoke strives to be a model employer by building and maintaining aworkforce
that reflects the rich diversity of the customers it serves"; however, this and
previous diversity reports reflect otherwise.
Ms. Norman stated that in comparing of the revised Affirmative Action Plan
of 1984 workforce analysis report and the December 2000 Affirmative Action
report, hiring and promotional decisions continue to be decided by a majority of
white males and white females. She suggested that Council closely scrutinize the
gaps of years when minorities were hired or promoted and hiring and promotional
decisions should always be the result of the best qualified applicant.
Brenda Hale, President of the Roanoke Branch, NAACP, 3595 Parkwood
Drive, S. W., advised that she has the collaboration of the Roanoke Branch of the
NAACP, and the chairman and committee members of the Labor and Industry
Team, which consists of EEO managers and supervisors who stand ready to serve
the community. She stated that she was concerned to read that four departments
502
within the City are without a minority employee, with only one minority hire in
another City department. She further stated that there should be a concerted
effort to provide diversity training for the 1,080 City employees; according to
statistics in the report, the City has a failing grade as it relates to people of color
and in positions that are filled by females; no data is available regarding outreach
recruitment; and figures clearly indicate that change should be of the utmost
importance. She inquired about the number of recruit candidates of color from
military installations and traditionally black colleges and universities, and if the
four students of color mentioned in the report represent an increase in percentage
or a status quo from previous years. She commended the City Manager on her
efforts to seek potential minority applicants, and requested that the same effort be
made toward recruiting minority applicants in management and higher level City
positions.
Mr, Bestpitch stated that the City Administration is interested in listening to
suggestions and recommendations. He noted that the report indicates that the City
has achieved some positive outputs, but still has a way to go. He further stated
that outcomes cannot be abandoned, efforts must be continued, and it is hoped
that the community will work with the City to spread the message that the City of
Roanoke is a good place to work.
Without objection by Council, the MaYor advised that the report would be
received and filed.
POLICE DEPARTMENT: The City Manager submitted a communication
advising that the City entered into a contractual agreement with Thor, Inc., for
construction of the New Police Building, in the amount of $4,015,200.00, with 390
consecutive calendar days construction time, and a completion date of May 2001;
and six change orders have been approved to date.
It was further advised that proposed Change Order No. 7 will provide for a
storm drainage system to drain the rear and side areas of the building; a storm
drain with four manholes will be installed from the back of the building to
Campbell Avenue, down to the existing storm drain in front of the City Jail, which
includes three new manholes, plus one drop inlet; installation takes into
consideration the second phase construction of the building; and cost for the
revised grading and addition of a storm drain is $50,637.00.
503
The City Manager recommended that she be authorized to execute Change
Order No. 7, in a form to be approved by the City Attorney, with Thor, Inc., in the
amount of $50,637.00, with zero additional calendar days of contract time.
Mr. Bestpitch offered the following emergency ordinance:
(#35196-020501) AN ORDINANCE authorizing the City Manager's issuance
of Change Order No. 7 to the City's contract with Thor, Incorporated, for revised
grading and addition of a storm drain; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, Page 104.)
Mr. Bestpitch moved the adoption of Ordinance No. 35196-020501. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... O.
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a
communication advising that the Virginia Department of Criminal Justice Services
(DCJS) provides grant funding for programs and activities which increase the
apprehension, prosecution, and adjudication of persons committing violent crimes
against women; and the Virginia Services, Training, Officers, Prosecution Program
(V-STOP), Violence Against Women, has funded establishment of a Domestic
Violence Unit within the Roanoke Police Department since 1999.
It was further advised that on December 29, 2000, DCJS awarded the
Roanoke Police Department $33,754.00 to employ a full-time, non-sworn,
Domestic Violence Specialist, thereby, allowing contination of the Domestic
Violence Unit in calendar year 2001; the required City in-kind match, in the
amount of $21,308.00, will be met through the salary paid to current Police
Department personnel; and it is anticipated that DCJS funding will continue
through the year 2003.
504
It was stated that the Police Department's Domestic Violence Unit collects
and interprets relevant domestic violence offense data, which allows proactive case
intervention and cultivation of cooperative working relationships with clients and
service/adjudication agencies; the program produces more equitable victim-
offender criminal justice dispositions related to domestic violence offenses; and
the Police Department's Domestic Violence Unit has served an average of 96
domestic violence victims each month since its inception:
The City Manager recommended acceptance of the V-Stop grant, in the
amount of $33,754.00; that she be authorized to execute the necessary grant
agreements; and that Council appropriate $33,754.00 from the V-Stop grant
program to accounts to be established by the Director of Finance.
Mr. Hudson offered the following emergency budget ordinance:
(#35197-020501) AN ORDINANCE to amend and reordain certain sections
of the 2000-2001 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, Page 105.)
Mr. Hudson moved the adoption of Ordinance No. 35197-020501. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... O.
Mr. Hudson offered the following resolution:
(#35198-020501) A RESOLUTION authorizing the acceptance of a certain
Virginia Services, Training, Officers, Prosecution (V-Stop), Violence Against Women
Grant from the Virginia Department of Criminal Justice Services and authorizing
execution of any required documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 64, Page 106.)
505
Mr. Hudson moved the adoption of Resolution No. 35198-020501. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... O.
BUDGET-PARKS AND RECREATION-CMERP: The City Manager submitted
communication advising that construction of the Mill Mountain Center is almost
complete and the facility is scheduled to open to the public in early Spring;
funding has been limited for the project; and in order to construct a first class
facility at Roanoke's premier park, the Parks and Recreation Department has
secured approximately $64,000.00 in donated funds, goods and services.
It was further advised that several needed changes in construction plans
created a $10,500.00 shortfall in capital funding which included removal of an
already installed wall, upgrading the floor finish, and a combination of other small
changes to improve both the interior and exterior of the facility, which amount is
part of Change Order No. 4; and the project has had four change orders totaling
$80,376.00~ or 15 per cent of the original contract, in the amount of $530,957.00.
The City Manager recommended that Council authorize the transfer of
$10,500.00 in CMERP funds currently in Operating Account No. 001-620-7110-
2035, to Capital Account No. 008-052-9711-9065, in order to complete payment
for construction of the Mill Mountain Center.
Mr. White offered the following emergency budget ordinance:
(#35199-020501) AN ORDINANCE to amend and reordain certain sections
of the 2000-2001 General and Capital Projects Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, Page 107.)
506
Mr. White moved the adoption of Ordinance No. 35199-020501. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... 0.
CREDIT CARD-PURCHASING-CITY EMPLOYEES: The City Manager submitted
a communication advising that the Finance Director previously briefed the Council
on the benefits of purchasing cards which would facilitate purchasing for small
transactions and create processing efficiency through payment of one bill, and
replacing numerous payments to many individual vendors; purchasing cards are a
"best practice" as identified by the Government Finance Officers Association; and
the Commonwealth of Virginia and numerous Virginia localities currently use
cards.
It was further advised that written administrative policies and procedures will
delineate employee responsibility, spending and transaction limits, clear guidelines
on the appropriate uses of credit cards, including approved and unapproved
merchant category codes and guidelines for making necessary purchases; and
appropriate management approval will be required to authorize card issuance.
It was stated that proposals for purchasing card services were requested;
three proposals were received and evaluated in a consistent manner by a proposal
committee; interviews were conducted and negotiations were completed in
accordance with Chapter 23.1, Procurement, Code of the City of Roanoke (1979),
as amended, with The First National Bank of Atlanta, d/b/a Wachovia Bank Card
Services, ranking in the first position; and under terms of the proposal and
contract, Wachovia Bank Card Services will provide the City with purchasing cards
for authorized departments and employees of authorized departments.
It was explained that cash advances will not be permitted under the contract;
Wachovia will provide software allowing the City to access its account information
electronically, installation assistance, training and customer support; Wachovia has
proposed that almost all fees will be waived; and the only charges that the City
could potentially incur would be fees for late payments, or an early contract
termination fee for terminating the contract before the initial one year term.
507
It was pointed out that the proposed agreement provides that the City shall
indemnify and hold harmless Wachovia Bank Card Services for, from and against
any and all liabilities which may be incurred by Wachovia Bank Card Services
because of any and all acts of omission or commission by the City, its officers,
agents or employees in any way relating to or arising out of the agreement; the
City shall not be liable for indemnification if liability arises from negligence, gross
negligence or willful misconduct of Wachovia Bank Card Services; and the City has
not waived its sovereign immunity, but has specifically preserved the same in the
proposed agreement.
The Bid Committee recommended that the City Manager be authorized to
enter into a contract, in a form to be approved by the City Attorney, with The First
National Bank of Atlanta, d/b/a Wachovia Bank Card Services of Atlanta, Georgia,
to provide purchasing card services for a period of one year with the option by
both parties, in writing, to renew for two additional one year periods.
The City Manager concurred in the recommendation of the Bid Committee.
Mr. Harris offered the following resolution:
(#35200-020501) A RESOULTION accepting the proposal of The First
National Bank of Atlanta, d/b/a Wachovia Bank Card Services, to provide
purchasing cards for small purchases and travel expenses, upon certain terms and
conditions, and awarding a contract therefor; authorizing the proper City officials
to execute the requisite contract for such services; and rejecting all other
proposals made to the City for the services.
(For full text of Resolution, see Resolution Book No. 64, Page 109.)
Mr. Harris moved the adoption of Resolution No. 35200-020501. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... O.
5O8
SCHOOLS-PARKS AND RECREATION: The City Manager submitted a
communication advising that the Jackson Fitness Center is scheduled to open by
March 1,2001; the Parks and Recreation Department opened its first fitness center
in partnership with the Roanoke City Public Schools at Breckinridge Middle School
in October 1997, followed by fitness center openings at Woodrow Wilson Middle
School in November 1998, and Addison Middle School in December 1999; and the
opening of the fourth fitness center at Jackson Middle School will provide fitness
center access in all four quadrants of the City.
It was further advised that a fitness room has been prepared at Jackson
Middle School and is awaiting arrival of the equipment; Roanoke City Public
Schools will use the fitness room and equipment for physical education classes and
sports conditioning; Parks and Recreation will operate the facility as a fitness
center, open to the general public during non-school hours; details of the rights of
both Parks and Recreation and the Roanoke City School Board are contained in a
proposed Agreement; and the following fees are charged at the other three City
operated fitness centers:
City Resident - monthly
City Resident - per visit
Non-City Resident - monthly
Non-City Resident - per visit
$15.00
$ 4.00
$22.00
$ 5.00
The City Manager recommended that she be authorized to execute the
Agreement, to be approved as to form by the City Attorney.
Mr. Hudson offered the following resolution:
(#35201-020501) A RESOLUTION authorizing the City Manager to execute
an agreement between the Roanoke City School Board and the City of Roanoke,
allowing the City to operate a fitness center at the Jackson Middle School for use
by the general public, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 64, Page 110.)
5O9
Mr. Hudson moved the adoption of Resolution No. 35201-020501. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... 0.
FEE COMPENDIUM-SCHOOLS-PARKS AND RECREATION: The City Manager
submitted a communication advising that public fitness centers are currently being
operated in three Roanoke City Public Middle Schools: Breckinridge, (1997);
Woodrow Wilson, (1998); and Addison, (1999); a new fitness center at Jackson
Middle School is scheduled to open by March 1,2001; each fitness center offers
cardiovascular and circuit training equipment to the general public during
non-school hours, while each is used by the schools to enhance their physical
education programs during school hours; and current fees for public usage are
$15.00 per month, or $4.00 pervisit, forcity residents and $22.00 per month, or
$5.00 per visit, for non-city residents.
It was further advised that Council previously approved minimum user fees
for the facilities to be no less than $10.00 per month, or $2.00 per visit for City
residents, and $15.00 per month, or $3.00 per visit for non-city residents, and
authorized the Manager(now Director) of Parks and Recreation to adjust fees
accordingly to similarly situated fitness centers and equal to fees charged at all
other City operated fitness centers; and since the first fitness center opened, rates
were adjusted on one occasion to encourage usage during non-peak time and to
reflect changing operating costs.
It was stated that to encourage employees to improve their physical fitness
and to become a healthier workforce, it is recommended that Council approve a
discounted rate of $10.00 per month for all full-time City and School Board
employees, regardless of where they reside, for the use of fitness centers effective
March 1,2001; and program kickoff will be preceded by an awareness campaign,
including meetings, City Page announcement, and informational brochures for
employees.
510 '
The City Manager recommended that:
City Council amend resolutions pertaining to Addison
(#34514-102099), Breckinridge (#33609-100697), and
Woodrow Wilson (#34029-100798) Fitness Centers to allow
City and School employees, including those employees who
do not reside within the City of Roanoke, to pay the
recommended $10.00 per month discount rate.
Council authorize amendments to Agreements with the
Roanoke City School Board for operating Woodrow Wilson
and Breckinridge Fitness Centers to permit a $10.00 per
month discounted rate.
Add to the Fee Compendium to reflect the following fee
schedule for all City run fitness centers and permit the
Director of Parks and Recreation to adjust said fees so long
as the fees charged to any user within each group are equal
and such fees are not less than the fees charged to users of
similarly situated fitness centers not operated by the City of
Roanoke.
Persons providing proof of
full time employment by the
City of Roanoke or City of
Roanoke School Board
Monthly Fee Daily Fee
$10.00 ........
Persons providing proof of
residency in the City of Roanoke
but who are not employed by the
City of Roanoke or the City of
Roanoke School Board
15.00 $4.00
511
Mr. Harris offered the following resolution:
(#35202-020501) A RESOLUTION amending the City's Fee Compendium to
establish uniform fees for use of certain fitness centers operated by the City of
Roanoke; amending certain resolutions to the extent they may be inconsistent with
this amendment; and authorizing amendments to the operating agreements for
certain fitness centers.
(For full text of Resolution, see Resolution Book 64, Page 110.)
Mr. Harris moved the adoption of Resolution No. 35202-020501. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ................................ ~ ........................ 7.
NAYS: None .................................................... 0.
HEALTH DEPARTMENT-BUDGET: The City Manager submitted a
communication advising that Section 32.1-31, Code of Virginia, 1950, as
amended, authorizes the City to enter into a contract with the State Board of
Health for operation of the local health department in the City; the contract
between the City and the Board must specify services to be provided, in addition to
services required by law, and must contain other provisions as the Board and the
City may agree upon.
It was further advised that the contact has an automatic year to year renewal;
the amount of funds dedicated to the contract for each fiscal year is negotiated
and agreed upon; an agreement between the Commonwealth of Virginia and City
of Roanoke is necessary for proper billing to localities for health and
environmental services; the initial local required match amount of $1,061,202.00
(40.36%) of the total cooperative budget was included in the Fiscal Year 2000-
2001 Resource Allocation Plan adopted by Council in May 2000; and an additional
amount of $85,208.00 is required to match additional State funding.
512
It was stated that funding is available in Account No. 001-121-2138-2008,
Residential Detention Services, as actual utilization of bed space has been less
than the initial projection; and the 2000-2001 Health Department Budget is based
on approved funding as follows:
State
Local Match
$1,605,849.00 (59.64%)
$1,146,412.00 (40.36%)
$2,755,261.00
The City Manager recommended that Council authorize the transfer of
$85,208.00 from Account No. 001-121-2130-2008, Residential Detention
Services, to Account No. 001-630-5110-3700, Health Department Subsidies, and
that she, or her designee, be authorized to execute the agreement, in aformto be
approved by the City Attorney, with the State Health Department as provided by
State law.
Ms. Wyatt offered the following emergency budget ordinance:
(#35203-020501) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, Page 112.)
Ms. Wyatt moved the adoption of Ordinance No. 35203-020501. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... 0.
Mr. Harris offered the following resolution:
(#35204-020501) A RESOLUTION authorizing the City Manager or her
designee to enter into a contract with the Virginia Department of Health relating
to the operation of the local Health Department, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 64, Page 113.)
513
Mr. Harris moved the adoption of Resolution No. 35204-020501. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... 0.
BUDGET-LEASES-EQUIPMENT: The City Manager and the Director of Finance
submitted a joint written report advising that three areas of equipment were
identified during the past year totaling $2,503,000.00 that could not be purchased
from currently available budgetary funds; and various reports to Council included a
recommendation to lease purchase the respective equipment as a strategy to
acquire and pay for the equipment over future budget years, i.e.:
A construction bid was accepted for the new police building in
February 2000, funded primarily by bond funds. A February 22,
2000, Council report recommended furniture and equipment,
estimated to cost approximately $700,000.00, be acquired through
lease purchase. Estimated completion of the building is April 2001, so
equipment and furniture need to be ordered soon.
A Council report dated October 2, 2000, on the Capital Maintenance
and Equipment Replacement Program (CMERP) recommended
replacing $2,303,000.00 of vehicles and equipment, $1,353,000.00
of which was recommended to be lease purchased.
In conjunction with the recommendation of the CMERP program for
technology funding, a December 18, 2000, Council report
recommended a program of lease purchasing in order to facilitate
replacement of outdated micro computers. Included in this program,
300 micro computers, costing approximately $450,000.00, would be
lease purchased on a three year replacement cycle.
It was further advised that a Request for Proposals for lease financing of the
above described equipment was sent to 20 banks and leasing agencies on
December 21, 2000, and nine responses were received with SunTrust Leasing
Corporation submitting the most responsive bid; SunTrust Leasing Corporation
proposed an interest rate of 4.44% for a three year lease period for the micro
computers and 4.48% for a five-year lease period for the vehicles and furniture;
514
the rates were combined into a single amortization schedule with a 4.47% blended
interest rate; annual lease payment will total $621,171.00 for each of the
upcoming three fiscal years, and $460,815.00 for each of the remaining two fiscal
years; and pending Council's approval, funding for the lease purchase payments
will be included in annually adopted budgets.
The City Manager and the Director of Finance recommended that Council
adopt a measure authorizing execution of the Lease Purchase Agreement with
SunTrust Leasing Corporation, and any other required documents related to the
Lease Purchase Agreement; and appropriate lease financing proceeds in the
amount of $2,503,000.00 to the following accounts:
$700,000.00 to the Capital Projects Fund, Account No.
008-052-9563, New Police Building, for lease purchase of furniture
and equipment.
$450,000.00 to a Department of Technology fund account to be
established for lease purchase of micro computers.
$1,353,000.00 to a Fleet Maintenance Fund account to be established
for lease purchase of vehicles and equipment.
Mr. Harris offered the following resolution:
(#35193-020501) A RESOLUTION of the Council of the City of Roanoke,
Virginia, approving the form and the terms, conditions and provisions of an
equipment lease purchase agreement relating to the acquisition and installation of
vehicular equipment, computer equipment and office furniture and equipment by
the City, to be dated as of January 15, 2001, by and between SunTrust Leasing
Corporation, as Lessor, and the City as Lessee, and authorizing the execution and
delivery thereof; approving the form and the terms, conditions and provisions of
an escrow agreement, to be dated as of January 15, 2001, by and among the City,
SunTrust Leasing Corporation and SunTrust Bank, as Escrow Agent, and
authorizing the execution and delivery thereof; authorizing the members of the
Council and the officials and employees of such City to take further action to carry
out this Resolution and the transactions contemplated hereby and by the
aforementioned equipment lease purchase agreement and escrow agreement; and
making certain findings and determinations.
(For full text of Resolution, see Resolution Book No. 64, Page 99.)
515
Mr. Harris moved the adoption of Resolution No. 35193-020501. The
motion was seconded by Mr. Carder.
The Mayor requested a report from the Director of Finance with regard to the
cost of acquiring the equipment through the Lease Purchase Agreement, versus
the conventional method of equipment acquisition.
Resolution No. 35193-020501 was adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... O.
Mr. Bestpitch offered the following emergency budget ordinance:
(35195-020501) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects, Department of Technology and Fleet Management
Funds Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, Page 103.)
Mr. Bestpitch moved the adoption of Ordinance No. 35195-020501. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... O.
CITY CLERK:
COMMI'[TEES-SCHOOLS: The City Clerk submitted a communication advising
that pursuant to Chapter 9, Education, Code of the City of Roanoke (1979), as
amended, establishing a procedure for the election of School Trustees, the three-
year terms of office of MelindaJ. Payne and Ruth C. Willson will expire on June 30,
2001; and pursuant to Section 9-16 of the Code of the City of Roanoke (1979), as
amended, on or before February 15 of each year, Council shall announce its
516
intention to elect Trustees of the Roanoke City School Board for terms commencing
July 1 through (1) public announcement of such intention at two consecutive
regular sessions of the Council and (2) advertisement of such intention in a
newspaper of general circulation in the City twice a week for two consecutive
weeks.
It was further advised that Section 9-1 7 of the City Code provides that
applications must be filed in the City Clerk's Office by March 10 of each year; since
March 10, 2001, falls on Saturday, and City offices will be closed, the deadline for
receipt of applications will be Friday, March 9 at 5:00 p.m.; applications will be
available in the City Clerk's Office and may be obtained between the hours of
8:00 a.m., and 5:00 p.m., Monday through Friday; and information describing the
duties and responsibilities of School Trustees will also be available.
Without objection by Council, the Mayor advised that the communication
would be received and filed.
DIRECTOR OF FINANCE:
TAXES-DELINQUENT TAXES: The Director of Finance submitted a report
advising that State law provides localities with the right to sell real estate after the
first anniversary date on which the taxes or other assessments remain unpaid;
property sold under these proceedings will be free and clear of all liens incurred by
the owner and any other party involved in the suit; reasonable attorney's fees can
be paid out of sale proceeds; and despite vigorous collection efforts by the Office
of Billings and Collections, certain property owners have not paid their debts.
It was further advised that in addition to unpaid taxes, many of these
properties cause concern to surrounding property owners because the property is
not maintained, thereby creating a blight in the neighborhood; another benefit
from the tax sale is that the City will collect future real estate taxes and avoid
incurring weed/trash abatement and demolition/board costs; on October 22,
1997, Council authorized the judicial sale of approximately 200 properties;
auctions of the properties were held throughout 1999; on March 6, 2000, Council
authorized the judicial sale of approximately 120 properties; and auctions for
these properties are scheduled to conclude by June 2001.
It was stated that in recent years, the Department of Billings and Collections
has published an annual listing of tax delinquent properties whose owners have
failed to respond to demands for payment; advertisements have been published in
517
the local newspaper and have produced many responses and collections of
delinquent real estate taxes; on November 12, 2000, 354 properties with
$588,000.00 in delinquent taxes were advertised in The Ro,~no/~e Times; the
properties had taxes that were two years or more delinquent; and as of January26,
2001, delinquent real estate taxes totaling $364,189.00 have been collected
pursuant to the advertisement.
It was further stated that the next step in the collection process is to request
Council's approval to begin the tax sale process for those properties that have
failed to respond to the advertisement; lists with delinquent real estate taxes and
assessments have been compiled by collectors in the Office of Billings and
Collections; and the City Attorney, City Treasurer, and Housing Development
Coordinator concur in the recommendation that properties listed on an attachment
to the report be subject to the tax sale, which attachment reflects delinquent taxes
and assessments as of February 1,2001.
It was pointed out that real estate taxes on the properties identified in the
exhibits attached to the report have been delinquent for two or more years;
however, there are five properties listed that have a demolition lien and one year
of delinquent real estate taxes which qualify under State law for the tax sale
process; and a law firm has been selected by the City Attorney's Office and the
Office of Billings and Collections to file the suits and to take all necessary action to
sell the properties listed herein.
It was advised that legal fees will be paid by the property owner when the
delinquent taxes or other assessments are paid off from sale proceeds at the time
of sale; as a part of the legal process required by law for a tax sale, the law firm
will send letters to property owners advising that the suits will be filed to sell the
property in order to collect taxes and assessments and will publish a legal notice
identifying the property in the newspaper; property owners will be able to redeem
their property by paying all delinquent taxes, fees, and assessments up until the
day before the sale; and it is anticipated that the first suits for the properties will
be filed in April 2001 and auctions will be held by September 1,2001.
518
The Director of Finance recommended the following:
Suits be initiated to collect delinquent taxes and assessments by tax
sale with respect to properties on lists attached to the report as
Exhibit A, vacant buildings and lots and Exhibit B, non-owner
occupied properties.
Section 58.1-3954, Code of Virginia, requires that any suits be
instituted and collected in the name of the City in which the taxes are
assessed and at the direction of the governing body of the City.
Mr. Hudson offered the following resolution:
(#35205-020501) A RESOLUTION directing the City Attorney and the
Director of Finance to institute or cause to be instituted, and conduct or cause to
be conducted, suits to collect delinquent real estate taxes and assessments by
judicial sale.
(For full text of Resolution, see Resolution Book No. 64, Page 113.)
Mr. Hudson moved the adoption of Resolution No. 35205-020501. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... O.
DIRECTOR OF FINANCE: The Director of Finance submitted the Financial
Report for the City of Roanoke for the month of December 2000.
Mr. Harris moved that the Financial Report be received and filed. The
motion was seconded by Ms. Wyatt and unanimously adopted.
519
REPORTS OF COMMITTEES:
BUDGET-PARKS AND RECREATION-DISABLED PERSONS: Council Member
W. Alvin Hudson, Jr., Chairperson, Bid Committee, presented a written report on
behalf of the Committee, in connection with bids received by the City for
remodeling four City recreation centers (Mountain View, Buena Vista, Preston
and Eureka) for compliance with the Americans with Disabilities Act.
The Bid Committee recommended the following actions:
Accept the bid submitted byJMW, Inc., in the amount of $39,480.00,
and 75 consecutive calendar days of contract time, with a project
contingency of $4,000.00, and provide $4,200.00 for asbestos and
lead abatement, $180.00 for reproduction costs and $360.00 for
advertising fees.
Authorize the City Manager to execute the required contract since
the contract is under $75,000.00.
Transfer funding in the amount of $48,220.00 to a new account to
be established in the Capital Projects Fund entitled, "Remodel
Recreation Centers".
Reject all other bids received by the City.
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
Mr. Hudson offered the following emergency budget ordinance:
(#35206-020501) AN ORDINANCE to amend and reordain certain sections
of the 2000-2001 General and Capital Projects Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book 64, Page 114.)
520
Mr. Hudson moved the adoption of Ordinance No. 35206-020501. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... O.
BUDGET-PARKS AND RECREATION-DISABLED PERSONS: Council Member
W. Alvin Hudson, Jr., Chairperson, Bid Committee, presented a written report on
behalf of the Committee, in connection with bids received by the City for
remodeling seven City park shelters (Thrasher, Golden, Fallon, Wasena, Strauss,
Smith and Crystal Springs) in order to be in compliance with the Americans with
Disabilities Act requirements.
The Bid Committee recommended the following actions:
Accept the bid submitted by Wyant Construction Co., Inc., in the
amount of $98,950.00, and 75 consecutive calendar days of
contract time, with a project contingency of $9,050.00, and provide
$5,000.00 for lead paint and asbestos abatement.
Authorize the City Manager to enter into a contractual agreement, in a
form to be approved by the City Attorney.
Transfer funding of $113,OOO.00 to a new account to be established
in the Capital Projects Fund entitled, "Remodel Park Shelters for ADA
Compliance".
Reject all other bids received by the City.
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
521
Mr. Hudson offered the following emergency budget ordinance:
(#35207-020501) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64, Page 115.)
Mr. Hudson moved the adoption of Ordinance No. 35207-02501. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... O.
Mr. Hudson offered the following emergency ordinance:
(#35208-020501) AN ORDINANCE accepting the bid of Wyant Construction
Co., Inc., for remodeling seven City park shelters (Thrasher, Golden, Fallon,
Wasena, Strauss, Smith and Crystal Springs) to be in compliance with the
Americans with Disabilities Act requirements, upon certain terms and conditions
and awarding a contract rqdentifyi; authorizing the proper City officials to execute
the requisite contract for such work; rejecting all other bids made to the City for
the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 64, Page 116.)
Mr. Hudson moved the adoption of Ordinance No. 35208-020501. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... O.
522
BUDGET-CITY JAIL: Council Member W. Alvin Hudson, Jr., Chairperson, Bid
Committee, submitted a written report on behalf of the Committee, in connection
with bids received by the City for renovation of the existing public access elevator
at the City Jail.
The Bid Committee recommended that Council accept the bid submitted by
Construction Services of Roanoke, Inc., in the amount of $128,000.00, and 90
consecutive calendar days for completion of the work, with a project contingency
of $11,340.00; authorize the City Manager to enter into a contractual agreement in
a form to be approved by the City Attorney; transfer $60,340.00 from Jail -
Construction Other, Account No. 001-140-3310-9065; $20,000.00 from Capital
Improvement Reserve - Building, Account No. 008-052-9575-9173; and
$59,000.00 from Residential Detention Services, Account No. 001-121~2130-
2008, to a new Capital Improvements Account to be established by the Director of
Finance entitled, "Jail Elevator Renovation"; and reject the other bid received by the
City.
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
Mr. Hudson offered the following emergency budget ordinance:
(#35209-020501) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 General and Capital Projects Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book 64, Page 118.)
Mr. Hudson moved the adoption of Ordinance No. 35209-020501. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... O.
523
Mr. Hudson offered the following emergency ordinance:
(#35210-020501 ) AN ORDINANCE accepting the bid of Construction Services
of Roanoke, Incorporated, for renovation of the public access elevator at the City
Jail, upon certain terms and conditions and awarding a contract [3dentifyi;
authorizing the proper City officials to execute the requisite contact for such work;
rejecting all other bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 64, Page 119.)
Mr. Hudson moved the adoption of Ordinance No. 35210-020501. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... 0.
SIDEWALK/CURB AND GU'I-f ER-WATER RESOURCES: Council Member Linda F.
Wyatt, Chairperson, Water Resources Committee, presented a written report on
behalf of the Committee, with regard to acquisition of property rights needed by
the City for construction of sidewalk, curb and gutter between Aspen Street and
Hershberger Road, N. W.
A staff report advised that increased traffic along Cove Road, N. W., is
creating concern for pedestrian safety which is likely to continue to increase; City
staff has identified an area along Cove Road between Lafayette Boulevard and
Hershberger Road, N. W., that would benefit from construction of sidewalk, curb,
and gutter; and last year, the section of sidewalk between Lafayette Boulevard and
Aspen Street was completed.
It was further advised that plans for the proposed improvements have been
finalized [3dentifying property rights that will be required for the section between
Aspen Street and Hershberger Road; authorization is needed to move forward with
acquisition of the necessary property rights; new concrete sidewalks, entrances,
curb and gutter improvements were approved as part of the 1996 bond issue;
project costs for acquisition of property rights is estimated to be $I0,000.00; and
sufficient funding is available in Sidewalk and Curbs, Phase 3, Account No. 008-
052-9542-9050.
524
The Water Resources Committee recommended that the City Manager be
authorized to execute the appropriate documents to acquire all property rights
necessary for construction of the project, in a form to be approved by the City
Attorney; and said property rights may be acquired, following a satisfactory
environmental site inspection, by negotiation or eminent domain and include
permanent easements, temporary construction easements, rights-of-way, licenses
or permits, etc.
Mr. White offered the following emergency ordinance:
(#35211-020501) AN ORDINANCE providing for acquisition of certain
property rights needed by the City for the Aspen/Hershberger portion of the Cove
Road Sidewalk Project; setting a limit on the consideration to be offered by the
City; providing for the City's acquisition of property rights by condemnation, under
certain circumstances; and dispensing with the second reading of this ordinance
by title.
(For full text of Ordinance, see Ordinance Book No. 64, Page 121.)
Mr. White moved the adoption of Ordinance No. 35211-020501. The
motion was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and
Mayor Smith ......................................................... 7.
NAYS: None .................................................... 0.
PURCHASE/SALE OF PROPERTY-WATER RESOURCES: Council Member
Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written
report on behalf of the Committee, with regard to a report of the City Attorney on
the sale of vacated right-of-way.
525
The City Attorney advised that from time to time, the City vacates all or
portions of streets and alleys in the City which are no longer needed as public
rights-of-way; the City makes no representations as to who obtains title to the
right-of-way when it is vacated; normally, title vests to the center line of the right-
of-way to the adjacent property owners; however, title can also vest in others,
such as the original subdivider of the property that created the right-of-way, the
subdivider's successors in interest, the City itself, or one or more of the adjacent
property owners; and the result depends upon such factors as when the right-of-
way was platted, how it was platted, whether or not it was created as part of a
subdivision, whether the City paid for the right-of-way, and other factors.
He called attention to §15.2-2008, Code of Virginia, 1950, as amended,
which provides as follows:
"Notwithstanding any contrary provision of law, general or special,
any locality, as a condition to a vacation or abandonment, may require
the fractional portion of its public rights-of-way and easements to be
purchased by any abutting property owner. The price shall be no
greater than the property's fair market value or its contributory value
to the abutting property, whichever is greater, or the amount agreed
to by the parties. No such vacation or abandonment shall be
concluded until the agreed price has been paid. If any abutting
property owner does not pay for such owner's fractional portion
within one year, or other time period made acondition ofthevacation
or abandonment, of the local government action to vacate or
abandon, the vacation or abandonment shall be void as to any such
property owner."
He further advised that this provision authorizes localities, as a condition to
the vacation of a right-of-way, to require abutting property owners to pay the City
a price "no greater than the property's fair market value or its contributory value to
the abutting property, whichever is greater" (the values are often difficult to
determine) or an amount otherwise agreed to by the parties; the abovementioned
statute seems to presume that a locality has title to a vacated right-of-way, when,
in fact, it might not; and since vacation of a right-of-way is discretionary with
localities, this statute is used only in cases when a locality and the abutting
property owners agree that consideration is to be paid and the amount is agreed
upon.
526
The City Attorney further stated that he is of the opinion that requiring the
abutting property owners to pay for vacated right-of-way should not be a standard
practice, and should be required only in limited cases, such as where the vacated
right-of-way is unusually valuable, or the abutting property owners would receive
a windfall because they plan to sell the right-of-way, consolidate it with other
parcels for development, or subdivision, etc.
The City Attorney recommended that City staff review each application to
vacate right-of-way, and on a case-by-case basis, make a recommendation to
Council whether the vacated right-of-way should be sold; and if it is deemed
appropriate to sell the right-of-way, City staff and the abutting property owners
should come to agreement as to the expected price before the matter is brought to
Council for action.
Ms. Wyatt moved that Council concur in the recommendation of the City
Attorney as above described. The motion was seconded by Mr. Harris and
unanimously adopted.
POLICE DEPARTMENT-EASEMENTS-UTILITIES-CITY PROPERTY-TELEPHONE
COMPANIES: Council Member Linda F. Wyatt, Chairperson, Water Resources
Committee, presented a written report on behalf of the Committee, with regard to
granting a 15-foot easement across City-owned property located at 348 Campbell
Avenue, S.W., to Verizon Virginia, Inc., to install underground facilities for
telephone service to the new Police Building.
The Water Resources Committee recommended that the City Manager be
authorized to advertise a public hearing and, lacking any comments to the
contrary, that Council authorize execution of the appropriate document, in a form
to be approved by the City Attorney, granting a 15-foot easement across City-
owned property to Verizon Virginia, Inc., for installation of underground facilities
to provide telephone service to the new Police Building.
Ms. Wyatt moved that Council concur in the recommendation of the
Water Resources Committee that a public hearing be held on Tuesday, February
20, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard. The
motion was seconded by Mr. Harris and unanimously adopted.
527
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTION:
NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAOR AND MEMBERS OF COUNCIL:
REFUSE COLLECTION-COMPLAINTS: Vice-Mayor Carder expressed concern
with regard to the proliferation of paper boxes in the downtown area, specifically
in the Historic District, and requested that the matter be referred to the City
Manager and the City Attorney for review and report to Council.
CITY PROPERTY: Vice-Mayor Carder requested that an inventory be prepared
listing all property owned by the City of Roanoke in the Roanoke Valley, including
the location and proposed use of the property.
VIRGINIA MUNICIPAL LEAGUE-UTILITIES-ROANOKE GAS COMPANY: Council
Member Bestpitch referred to a briefing that was held during the 2001 Virginia
Municipal League Legislative Day on Thursday, February 1, 2001, in Richmond,
Virginia, with regard to natural gas prices. He advised that the gas companies
have indicated that they will work with citizens to establish a budget payment plan,
gas companies are suspending any disconnection of gas at this time due to the
severe winter season, and if any citizen is experiencing financial difficulty in
paying their gas bill, they are encouraged to contact their local gas company to
inquire about a budget payment plan.
CITY COUNCIL: Council Member Wyatt presented the following House
Rules/Code of Conduct for Council:
Maintain confidentiality - the consequences of failing to maintain
confidentiality following a Closed Meeting could result in public censure.
528
Focus on issues, with no personal attacks or stereotyping of the person.
Decide and move on to the next issue, with the understanding that four
votes decide an issue.
Agree to disagree, but look for agreement first.
Focus on what is "best" for Roanoke and leave partisanship behind.
Be brief and concise in comments and avoid beating the "issue".
Come to the City Council meeting prepared by studying the Council agenda
and asking questions prior to the Council meeting.
Listen before judging and understand the other person's point of view.
Treat all persons with respect, courtesy and fairness.
Share information and talk with alii Members of Council.
Ms. Wyatt moved that Council adopt the above referenced House Rules/Code
of Conduct. The motion was seconded by Mr. Carder.
Mr. Hudson expressed concern with regard to adopting the document. He
stated that the citizens of Roanoke elected him to the position of Council Member,
therefore, the citizens will let their voices be heard if they have concerns about the
manner in which he conducts himself as Council Member.
Mr. Bestpitch suggested an editorial change to the document to delete the
word "partisanism" and insert the word "partisanship".
Ms. Wyatt and Mr. Carder accepted the editorial change as a friendly
amendment to the motion.
Mr. White advised that for the ten years he has served on the Roanoke City
Council, the contents of the document proposed by Ms. Wyatt are the rules that
the Members of Council have abided by, therefore, he sees no need for the Council
to adopt a formal written document.
529
Vice-Mayor Carder advised that Council discussed its rules of conduct at the
Council's Planning Retreat which was held in July 2000 and agreed to certain
professional behavior that all Members of Council will honor when transacting the
business of the City.
Following further discussion, the motion, as amended, was adopted by the
following vote:
AYES: Council Members Carder, Harris, Wyatt, Bestpitch and Mayor
Smith ............................................................. 5.
NAYS: Council Members Hudson and White ........................... 2.
OTHER HEARING OF CITIZENS UPON PUBLIC MA-I-I-ERS: The Mayor advised
that City Council sets this time as a priority for citizens to be heard, and
matters requiring referral to the City Manager will be referred for any necessary
and appropriate response, recommendation or report to Council.
COMMI'I-I'EES-COMMUNITY PLANNING: Ms. Helen E. Davis, 35 Patton
Avenue, N.W., spoke in support of the reappointment of Ms. BarbaraN. Duerkasa
member of the City Planning Commission. She advised that Ms. Duerk is
articulate, courteous, respectful, strong, dedicated, energetic and an honest
business woman. She stated that Mr. Duerk is atrue advocate for Roanoke's bike
plan and the Roanoke Valley greenways, and requested that Council reconsider her
reappointment for another three year term on the City Planning Commission.
Ms. Fredrika Monk, 3343 Pittsfield Circle, N. W., spoke in support of the
reappointment of Ms. Duerktothe City Planning Commission. She referred to Ms.
Duerk's community pride and knowledge of the Roanoke areawhich is an asset to
any person who serves on the City Planning Commission.
Ms. Pernella C. Wilson, 3045 Willow Road, N. W., spoke in support of the
reappointment of Ms. Duerkto the City Planning Commission. She stated that as
an official of the Southern Christian Leadership Conference (SCLC), she received
approximately 60 telephone calls from citizens expressing a concern over the
decision of Council not to reappoint Ms. Duerkand asked that Council give further
consideration to her reappointment.
530
Ms. Wilson also advised that she regretted that Mr. Ancjela Norman felt
compelled to stand before Council once again and restate the same concerns that
she expressed when the SCLC was instrumental in bringing representatives of the
U. S. Department of Labor to the City of Roanoke to investigate issues of
employment discrimination. She further advised that people in the City of
Roanoke, both black and white and specifically white females, continue to be the
subject of discrimination.
The Mayor called attention to a recent inaccurate newspaper article and
clarified that the decision not to reappoint Ms. Durek to the City Planning
Commission was made by the entire City Council and not solely by the Mayor.
At 5:50 p.m., the Mayor declared the meeting in recess for continuation ora
Closed Meeting.
At 6:45 p.m., the meeting reconvened in the City Council Chamber, with all
Members of the Council in attendance, except Council Members Bestpitch, Wyatt
and Mayor Smith who left the meetincj during the Closed Session, with Vice-Mayor
Carder presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Harris
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in my motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Harris, Hudson, White and Vice-Mayor Carder .... 4.
NAYS: None .................................................... O.
(Council Members Bestpitch, Wyatt and Mayor Smith were absent.)
531
OATHS OF OFFICE-COMMI'I-I'EES-HOUSING/AUTHO.RITY: The Vice-Mayor
advised that there is a vacancy on the Fair Housing Board created by the
ineligibility of G. David Nixon to serve another term, and called for nominations to
fill the vacancy.
Mr. White placed in nomination the name of Robert J. Sparrow.
There being no further nominations, Mr. Sparrow was appointed as a
member of the Fair Housing Board, for a term ending March 31, 2003, by the
following vote:
FOR MR. SPARROW: Council Members Harris, Hudson, White and Vice-Mayor
Carder .............................................................. 4.
(Council Members Bestpitch, Wyatt and Mayor Smith were absent.)
OATHS OF OFFICE-COMMI'I-fEES-INDUSTRIES: 'Mr. Harris offered the
following resolution appointing Thomas Pettigrew as a Director of the Industrial
Development Authority of the City of Roanoke, for a term ending October 20,
2004:
(#35212-020501) A RESOLUTION appointing a Director of the Industrial
Development Authority of the City of Roanoke, to fill a four year term on its Board
of Directors.
(For full text of Resolution, see Resolution Book No. 64, Page 122.)
Mr. Harris moved the adoption of Resolution No. 35212-020501. The
motion was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Harris, Hudson, White and Vice-Mayor Carder .... 4.
NAYS: None .................................................... O.
(Council Members Bestpitch, Wyatt and Mayor Smith were absent.)
532
OATHS OF OFFICE-COMMITI-EES-YOUTH: The Vice-Mayor advised that there
is a vacancy on the Youth Services Citizen Board, due to the eligibility of
Gwendolyn J. Lawrence to serve another term, and called for nominations to fill the
vacancy.
Mr. Harris placed in nomination the name of Clay Wyatt.
There being no further nominations, Mr. Wyatt was appointed as a member
of the Youth Services Citizen Board, for a term ending May 31, 2003, by the
following vote:
FOF MR. WYA'I-I': Council Members Harris, Hudson, White and Vice-Mayor
Carder .............................................................. 4.
(Council Members Bestpitch, Wyatt and Mayor Smith were absent.)
OATHS OF OFFICE-COMMITTEES-FIFTH PLANNING DISTRICT COMMISSION:
The Vice-Mayor advised that there is a vacancy on the Roanoke Valley-Allegheny
Regional Commission, due to the eligibility of J. Lee E. Osborne to serve another
term and called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Darlene L. Burcham, City
Manager.
There being no further nominations, Ms. Burcham was appointed as a
member of the Roanoke Valley-Allegheny Regional Commission, for a term ending
June 30, 2003, by the following vote:
FOR MS. BURCHAM: Council Members Harris, Hudson, White and Vice-Mayor
Carder ............................................................. 4.
(COuncil Members Bestpitch, Wyatt and Mayor Smith were absent.)
533
OATHS OF OFFICE-COMMI'I-fEES-ARCHITECTURAL REVIEW BOARD: The Vice-
Mayor advised that there is a vacancy on the Architectural Review Board created by
the expiration of the term of office of David L. Bandy, and called for nominations
to fill the vacancy.
Mr. White placed in nomination the name of Robert N. Richert.
There being no further nominations, Mr. Richert was appointed as a member
of the Architectural Review Board, for a tem ending October 1, 2004, by the
following vote:
FOR MR. RICHERT: Council Members Harris, Hudson, White and Vice-Mayor
Carder ............................................................. 4.
(Council Members Bestpitch, Wyatt and Mayor Smith were absent.)
OATHS OF OFFICE-COMMI-I-rEES-LEAGUE OF OLDER AMERICANS: The
Vice-Mayor advised that there is a vacancy on the League of Older Americans,
Board of Directors, created by the expiration of the term of office of HelenJ. Hall,
and called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Vickie S. Briggs.
There being no further nominations, Ms. Briggs was appointed as the City's
representative to the League of Older Americans, Board of Directors, for a term
ending February 28, 2002, by the following vote:
FOR MS. BRIGGS: Council Members Harris, Hudson, White and Vice-Mayor
Carder .............................................................. 4.
(Council Members Bestpitch, Wyatt and Mayor Smith were absent.)
534 -
There being no further business, the Vice-Mayor declared the meeting
adjourned at 6:50 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
Ralph K. Smith
Mayor