HomeMy WebLinkAboutMins 08/02/99 - 01/18/00NOTICE
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
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
August 2, 1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
August 2, 1999, at 12:15 p.m., the regular meeting hour, in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
Vice-Mayor C. Nelson Harris presiding, pursuant to Rule 1, Reaular Meetings, of
Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members Carroll E. Swain, James O. Trout, Linda F. Wyatt,
W. Alvin Hudson, Jr., and Vice-Mayor C. Nelson Harris ....................................... 5.
ABSENT: Mayor David A. Bowers and Council Member William White, Sr.-2.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; James D.
Grisso, Director of Finance; and Mary F. Parker, City Clerk.
VIRGINIA'S FIRST REGIONAL FACILITY AUTHORITY: The Acting City Manager
introduced a briefing on the progress of Virginia's First Regional Industrial Facility
Authority. He advised that regional commerce parks were identified during the New
Century Council visioning process a few years ago as a need for the entire region,
and establishment of multiple regional parks within the New Century Region became
a core objective of the study. He stated that in 1997, the Virginia Regional Industrial
Facilities Act was approved by the General Assembly and the concept of regional
parks became a reality under Virginia law allowing multiple jurisdictions in the New
Century Region to enter into agreement and to form industrial facilities authorities.
He added that Council Member James O. Trout and Phillip F. Sparks, Chief of
Economic Development, have represented the City of Roanoke on a study team and
attended monthly planning meetings since February 1998, along with
representatives from 16 other participating localities. He explained that the study
committee agreed to separate the formation of the Industrial Facilities Authority from
the proposed Commerce Park project and the City of Roanoke agreed to pay an
initial fee of $5,000.00 to participate in the Industrial Facility Authority. He stated that
the localities are now deciding whether or not to participate in the Commerce Park
development and an agreement is being negotiated between those localities desiring
to participate. He introduced David W. Rungren, Executive Director, New River
Valley Planning District Commission, who presented a briefing on the project.
Mr. Rungren advised that Virginia's First Industrial Facilities Authority was
created by 15 localities extending from Bland, to Wytheville, to Roanoke, Salem and
Roanoke County in terms of geography along the Fifth Planning District. He stated
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that the Authority is separate from the project and was established in such a way so
as to create numerous projects. He further stated the 15 member jurisdictions
comprising Virginia's First Regional Industrial Facilities Authority is looking at sites
that can compare with those sites that can be found in eastern Virginia,
approximately 1100 acres are under public option, and the project is associated with
the New River Valley Airport. He advised that it is proposed to acquire
approximately 331 acres initially in Phase I of the project, with continuing options
on about 739 acres, construction of a mile of four lane entrance road into the site,
grading of about 40 acres of demonstration site to show soil and rock conditions,
planning for a 150 acre pad on the initial 280 acres with 20 aces graded; and
planning an adjacent 200 acre pad on the next site with 20 aces graded on the
existing county site. He stated that them would be two sites initially, a 150 acre site
and a 200 acre site, followed by planning and acquisition for up to six million gallons
a day of water and sewer capacity to the site. He advised that Virginia's First
Regional Industrial Facilities Authority has, as its mission, to provide regional
industrial facilities of a size and scope which member jurisdictions cannot
individually provide. He further advised that the General Assembly passed the
Regional Industrial Facilities Act in 1997; Pulaski County received about $160,000.00
in state and private funds to prepare the initial facility study which was completed
in December 1997; Virginia's First Authority was completed in December 1997;
Virginia's First Authority was created on September 24, 1998, and 15 local
governments became operational in December; geotechnical analysis was
completed on the site south of the New River Valley Airport in November 1998;
$1.375 million was awarded by the state in April 1999 and the Commerce Park is one
of three grants awarded statewide; and initially, the target date for completion of the
agreement was August 17, 1999, however, an extension has been requested for an
additional 60 days.
Mr. Rungren stated that the site is located off Route 100 between the New
River Valley Airport and Dublin; 150,000 shares are being offered to 15 localities, for
a 10,000 share average in the initial offering, followed by a second offering to the
remaining localities, then offered to the host community and then to others as non-
voting. He further stated that the cost estimate is $2.75 per share including loan
payments for a guaranteed loan and a direct loan from rural development which
represents a little over $4 million, and after the first expiration of the guaranteed
loan, the amount will drop. He explained that the budget includes approximately
$6.9 million for development costs.
Regarding the revenue sharing plan, Mr. Rungren stated that the host locality
will retain real estate tax, and machinery and tools tax will be shared among
localities, with the host locality to retain five per cent of the machinery and tools tax,
Virginia's First Authority will retain one per cent of the machine and tools tax, and
participating localities will share the remaining machinery and tools tax based upon
share ownership.
Mr. Rungren advised that the advantages of the Commerce Park are:
a regional endeavor to achieve a major industrial site, unachieveable by a
single locality;
sharing costs make the project affordable to most members; and
could provide employment for technical/magnet school, NRCC and university
graduates.
Mr. Rungren presented the following status report in regard to participation
by Virginia localities:
Bland County - will not participate in the initial phase of the project
Craig County - has committed to 2000 shares
Giles County - has committed to participate but has not decided on the
number of shares
Montgomery/Pulaski County has committed to 10,000 shares
Roanoke County - undecided
Wythe County - has committed to 9,000 shares
City of Radford - has committed to 7,950 shares
City of Roanoke - undecided
City of Salem - undecided
Christiansburg - will not participate in Phase I of the project
Town of Dublin - will participate
Town of Narrows - will not participate
Town of Pearisburg - has committed to 2000 shares
Town of Pulaski - has committed to 7,273 shares
He advised that approximately 50,000 shares out of 150,000 shares have been
spoken for.
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The Acting City Manager explained that it is anticipated that the matter will be
presented to Council for action within 30 days through a formal report and
recommendation.
Mr. Trout noted that it will take approximately ten years before a locality will
realize any dividends and the 10,000 shares will cost the City of Roanoke $27,500.00
annually.
At 12:50 p.m., the Vice-Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Monday, August 2, 1999, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Vice-Mayor Harris presiding.
PRESENT: Council Members Carroll E. Swain, James O. Trout, Linda F. Wyatt,
W. Alvin Hudson, Jr. and Vice-Mayor C. Nelson Harris ....................................... 5.
ABSENT: Mayor David A. Bowers and Council Member William White, Sr.-2.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting 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 Jeff
Wilson, Pastor, West End United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Vice-Mayor Harris.
CONSENT AGENDA
The Vice-Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. 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 the Council.
MINUTES: Minutes of the Financial Planning Session of City
Council held on Saturday, March 20, 1999; the regular meetings of City
Council held on Monday, April 5, 1999, and Monday, April 19, 1999; the
ACTION:
ACTION:
meeting of the Roanoke City Council Personnel Committee held on
Wednesday, April 21, 1999; and the Public Interview of School Board
applicants held on Wednesday, April 21, 1999, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Trout moved that the reading of the Minutes be dispensed
with and that the Minutes be approved as recorded. The motion was
seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ................................................................................ 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member White were absent.)
COMMITTEES-COUNCIL: A communication from Vice-Mayor
C. Nelson Harris 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)(I), Code of Virginia (1950), as
amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the Mayor
to convene in 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. Swain and adopted by the following vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ................................................................................ 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member White were absent.)
POLICE DEPARTMENT-COMPLAINTS: A joint report of the Acting
City Manager and the City Attorney advising that on February 16, 1999,
Scoff Johnson appeared before Council in connection with arrests in
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Wasena Park for solicitation to commit sodomy; and Mr. Johnson
contended that the police should not enforce the anti-solicitation law
because such activity results in selective enforcement against gay men,
was before Council.
It was further advised that according to the Police Department,
over the past several years, the Vice Bureau has received numerous
complaints from businesses in Valley View Mall and City parks
concerning men engaging in sexual activities in bathrooms and other
public areas; of the complaints, some concerned sexual propositioning
by adult men of adolescents; one included an individual who claimed
that he had been molested by a man while at Wasena Park; over the
past few years, several arrests have been made for misdemeanor
offenses including sexual battery and indecent exposure; and
unfortunately, these arrests do not appear to have significantly deterred
public sex in the parks or bathrooms.
It was noted that working with the Commonwealth's Attorney's
Office, the Police Department undertook an investigation which
resulted in charges against 17 adult men for soliciting others to commit
sodomy, as defined in Virginia law; the department estimates that 27
hours were spent on the investigation; one additional charge has been
brought against a man for soliciting homosexual sex, and one
additional charge has been brought against a woman for soliciting
heterosexual sex; in each of the cases referenced above, the charges
were brought under State Code provisions, specifically, §18.2-29 of the
Code of Virginia (1950), as amended; and no City ordinances were
involved in the prosecutions.
It was explained that legal challenges have been brought by the
defendants in their criminal cases; these challenges include claims that
the State statute is unconstitutional and that the statute is being
unlawfully enforced; the local Circuit Court has rejected all of these
challenges; after the rulings upholding the statutes, some of the
defendants have entered pleas of nolo contendere, thereby
acknowledging guilt for purposes of criminal charges, and one of the
other defendants has been found guilty by a jury; several of those
defendants have appealed their convictions; and charges are pending
against the remaining defendants.
The Acting City Manager and the City Attorney submitted that the
judiciary is the appropriate agency for determining whether the statute
should be overturned; police investigation into sexual activities in
Wasena Park was based upon a clear concern for the appropriate use
of the City's parks; City parks are designed to provide a wholesome
ACTION:
ACTION:
and relaxing recreational area for citizens of all ages; and sexual
activity, including using park bathrooms for planning and soliciting sex,
has no place in such public areas.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the report be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ................................................................................ 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member White were absent.)
CITY EMPLOYEES-PERSONNEL DEPARTMENT-CULTURAL
SERVICES COMMITTEE-SCHOOLS-OATHS OF OFFICE-COMMITTEES:
The following reports of qualification were before Council:
I. B. Heinemann as a member of the Personnel and
Employment Practices Commission for a term ending
June 30, 2002;
Beverly A. James as a member of the Cultural Services
Committee for a term ending June 30, 2000; and
Charles W. Day and Brian J. Wishneff as Trustees of the
Roanoke City School Board for terms of three years, each,
commencing July 1, 1999 and ending June 30, 2002.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. Trout moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ................................................................................ 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member White were absent.)
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REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TRAFFIC-COMPLAINTS: Mr. Kermit S. Shriver, 816 Riverland
Road, S. E., addressed road conditions in the vicinity of 816 Riverland
Road, S. E., and advised that within the last five years, four solid brick
columns have been damaged and the steel guard rail has been hit on
several occasions as the result of accidents that occurred between the
hours of 12:30 a.m. and 3:30 a.m. by drivers who were operating a
vehicle while under the influence of alcohol. He requested that the City
make the necessary improvements to Riverland Road to improve
driving conditions and to insure the safety of motorists and
pedestrians.
Without objection by Council, the Vice-Mayor advised that the
matter would be referred to the Acting City Manager for investigation
and report to Council.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
HOUSING/AUTHORITY: The Acting City Manager submitted a
written report advising that HOPE VI is a public housing rehabilitation
assistance program of the U. S. Department of Housing and Urban
Development (HUD); the Roanoke Redevelopment and Housing
Authority (RRHA) has received a $15.1 million HOPE VI grant for use in
rehabilitating and enhancing the Lincoln Terrace public housing
development; an environmental review must be completed before the
Housing Authority can draw any of the grant funds; the City of Roanoke
is designated as the "responsible entity" for conducting the review
under applicable environmental regulations, even though the grant
recipient is the RRHA; and the City may decline to conduct the review,
in which case the RRHA is required by applicable environmental
regulations to request that HUD assume the task.
It was further advised that the Housing Authority's HOPE VI grant
period began on January 11, 1999, and ends on July 11,2003; the RRHA
has asked the City to procure a firm to conduct the review; the RRHA
will fund the costs of the review; should the City decline, HUD will
engage the U. S. Army Corps of Engineers for the review; however, due
to its current backlog of projects, a two-year or longer delay is expected
before the Army Corps of Engineers could perform the review; City staff
met on April 27 to assess the risks to the City if it agreed to the request
of the Housing Authority; the risks concern whether, by procuring the
environmental consultant, the City would take on any responsibility for
remediating any conditions revealed or exacerbated by the consultant
in performing the review; and City staff found the risks to be
manageable and acceptable and recommended to City management
that it consider moving forward with the RRHA request.
The Acting City Manager recommended that he, or his designee,
be authorized to procure environmental review services as requested
by the Roanoke Redevelopment and Housing Authority, contingent
upon successful negotiation and execution of an agreement with the
RRHA specifying the terms and conditions regarding payment
mechanisms, limitations of City risks and other necessary provisions,
to be approved as to form by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34414-080299) A RESOLUTION authorizing the City Manager to
obtain an environmental consultant to provide environmental review
services, as requested by the Roanoke Redevelopment and Housing
Authority (RRHA), in connection with the Lincoln Terrace HOPE VI
Project, upon certain terms and conditions; and to execute a contract
between the City and the RRHA in connection with such consultant's
services.
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ACTION:
(For full text of Resolution, see Resolution Book No. 62, page 131.)
Mr. Trout moved the adoption of Resolution No. 34414-080299.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ................................................................................ 5.
NAYS: None ....................................................................... 0.
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(Mayor Bowers and Council Member White were absent.)
BUDGET-GRANTS-YOUTH: The Acting City Manager submitted
a written report advising that Council authorized approval of the fiscal
year 1998-99 Annual Update to the Consolidated Plan pursuant to
Resolution No. 33873-051198 and appropriated funds pursuant to
Ordinance No. 33874-061598; the Southeast Community Center project
was approved to receive $120,000.00 during fiscal year 1998-99, to
allow for a collaborative community effort to provide a community
center in the southeast area of the City of Roanoke; anticipated lead
agencies were to be the Presbyterian Community Center and the Boys
and Girls Club; the Presbyterian Community Center also requested
$10,000.00 for the Family Transportation Assistance Program, which
funding was approved; and cooperation between the Presbyterian
Community Center, the Boys and Girls Club, and Roanoke City staff
has been ongoing to discuss the best use of CDBG funds.
It was further advised that the Office of Grants Compliance staff
recommended and received the City Administration's approval to follow
through with the recommendation of splitting the unspent $120,000.00
between the Presbyterian Community Center and the Boys and Girls
Clubs of Roanoke Valley; and Council approved an amendment to the
fiscal year 1998-99 Annual Update to the Consolidated Plan and
authorized execution of an agreement between the City of Roanoke and
the Boys and Girls Club of Roanoke Valley for $60,000.00, pursuant to
Resolution No. 34351-062199.
It was explained that the Presbyterian Community Center (PCC)
has entered into an agreement with the owner of the building located
at 1228 Jamison Avenue, S. E., to lease additional space in order to
expand its services; the Center is requesting that CDBG funds be used
for renovation costs of the additional space; program changes and
eligibility requirements made it difficult to use the $10,000.00 approved
for the Family Transportation Assistance Program, and the Office of
Grants Compliance recommended that these funds be used toward
renovation costs; the Presbyterian Community Center is ready to enter
into an Agreement for the use of the $60,000.00 and the $10,000.00, for
a total of $70,000.00 CDBG funds to be used for renovation costs; and
it is anticipated that these funds will leverage approximately
$179,779.00 in private funds.
The Acting City Manager recommended that he be authorized to
execute a CDBG Agreement with the Presbyterian Community Center
and any necessary amendments thereto, to be approved as to form by
the City Afforney; any such amendments shall be within the limits of the
ACTION:
funds appropriated by Council and for the purposes as set forth in the
Agreement for the project; and authorize the Director of Finance to
transfer $10,000.00 from Account No. 035-099-9938-5172, Family
Transportation Assistance, to Account No. 035-099-9937-5149,
($60,000.00) Southeast Youth Center Project, for a total cost of
$70,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34415-080299) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 132.)
Mr. Trout moved the adoption of Ordinance No. 34415-080299.
The motion was seconded by Mr. Swain and adopted by the following
vote:
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AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ................................................................................ 5.
NAYS: None ....................................................................... 0.
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(Mayor Bowers and Council Member White were absent.)
Mr. Trout offered the following resolution:
(#34416-080299) A RESOLUTION authorizing the appropriate City
officials to enter into a Community Development Block Grant (CDBG)
Agreement, and any necessary amendments thereto, with the
Presbyterian Community Center, Inc., upon certain terms and
conditions.
ACTION:
(For full text of Resolution, see Resolution Book No. 62, page 133.)
Mr. Trout moved the adoption of Resolution No. 34416-080299.
The motion was seconded by Mr. Swain and adopted by the following
vote:
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AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ............................................................................. 5.
NAYS: None ...................................................................... 0.
(Mayor Bowers and Council Member White were absent.)
HOUSING/AUTHORITY-GRANTS: The Acting City Manager
submitted a written report advising that historically, the Roanoke
Redevelopment and Housing Authority (RRHA) has administered a
variety of HOME programs for the City, including housing rehabilitation
and homebuyer assistance; Council authorized the RRHA's 1999-2000
HOME activities and funding as part of the Annual Update to the
Consolidated Plan (Annual Update) approved for submission to the
U. S. Department of Housing and Urban Development (HUD) on May 11,
1999, pursuant to Resolution No. 34281-051199; Council accepted the
1999-2000 HOME funds on June 21, 1999, pending receipt of the
approval letter from HUD, by adopting Resolution No. 34355-062199 and
Budget Ordinance No. 34354-062199; HUD approval of the Annual
Update is forthcoming; and the letter of approval is completing the
routine Congressional release process.
It was further advised that a total of $830,857.00 in HOME funds
has been budgeted for the RRHA's 1999-2000 HOME Agreement; an
additional $133,954.00 in Community Development Block Grant (CDBG)
funds for staffand other support costs directly attributable to delivering
the HOME activities is being budgeted under a separate CDBG
Agreement with the RRHA to be authorized by Council; HOME funds
require a 12.5 per cent match, which does not apply to "administrative"
funds; and match requirement for the Housing Authority contract will
be $63,988.00.
The Acting City Manager recommended that he be authorized to
execute the 1999-2000 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. Trout offered the following resolution:
(#34417-080299) A RESOLUTION authorizing the appropriate City
officials to enter into the 1999-2000 HOME Investment Partnership
(HOME) Program Agreement with the Roanoke Redevelopment and
Housing Authority, upon certain terms and conditions.
ACTION:
(For full text of Resolution, see Resolution Book No. 62, page 134.)
Mr. Trout moved the adoption of Resolution No. 34417-080299.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ................................................................................ 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member White were absent.)
HOUSING/AUTHORITY-GRANTS: The Acting City Manager
submitted a written report advising that historically, the Roanoke
Redevelopment and Housing Authority (RRHA) has administered
numerous CDBG and HOME Investment Partnerships (HOME) activities
for the City, including housing rehabilitation and economic
development activities; Council authorized the RRHA's 1999-2000
CDBG activities and funding as a part of the Annual Update to the
Consolidated Plan (Annual Update) approved for submission to the
U. S. Department of Housing and Urban Development (HUD) on May 11,
1999, pursuant to Resolution No. 34281-051199; Council accepted the
1999-2000 CDBG funds on June 21, 1999, pending receipt of the
approval letter from HUD, by adopting Resolution No. 34349-062199 and
Budget Ordinance No. 34348-062199; HUD approval of the Annual
Update is forthcoming; and the letter of approval is completing the
routine Congressional release process.
It was further advised that a total of $739,513.00 in CDBG funds
has been budgeted for the Roanoke Redevelopment and Housing
Authority's 1999-2000 CDBG Agreement.
The Acting City Manager recommended that he be authorized to
execute the 1999-2000 CDBG 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.)
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Mr. Trout offered the following resolution:
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ACTION:
(#34418-080299) A RESOLUTION authorizing the appropriate City
officials to enter into the 1999-2000 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. 62, page 134.)
Mr. Trout moved the adoption of Resolution No. 34418-080299.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ................................................................................ 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member White were absent.)
Council Member Swain requested a report on costs incurred by
the City for the Gainsboro Professional Park.
BUDGET-VIRGINIA TRANSPORTATION MUSEUM: The Acting City
Manager submitted a written report advising that the Virginia Museum
of Transportation (VMT) submitted an application in January, 1998, to
the Virginia Department of Transportation (VDOT) for Enhancement
Program funds for renovations, additions and improvements to the
existing railside yard of the Museum's main facility; Council endorsed
the Museum's application at its meeting on January 20, 1998, pursuant
to Resolution No. 33708-012098; Enhancement Program funds, in the
amount of $386,000.00, were approved by VDOT in June, 1998, for the
Transportation Museum's project; all subsequent VDOT agreements
related to use of the funds are made with the City of Roanoke rather
than the Virginia Museum of Transportation; the 1994 Roanoke City
Bond Referendum included $813,000.00 for the Transportation Museum
to be matched dollar for dollar by the VMT; and enhancement program
funds obtained by the Transportation Museum serve as its match to
City bond funds.
It was further advised that VDOT forwarded a Project
Administration Agreement to the City of Roanoke in May, 1999, for
execution and the City Manager's authority to execute the agreement
was provided pursuant to Resolution No. 33708-012098 adopted on
January 20, 1998; the agreement includes the $386,000.00 allocated by
VDOT, for which a receivable account must now be established in the
same amount and the agreement developed between the Virginia
Museum of Transportation and the City allows the Museum to forward
invoices for its project expenditures to the City, after which the City
invoices VDOT, VDOT pays the City's invoice, and the City then
reimburses the Transportation Museum.
The Acting City Manager recommended that Council appropriate
$386,000.00 to Account No. 008-052-9650, Virginia Museum of
Transportation; and establish a receivable account of $386,000.00 from
VDOT.
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ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34419-080299) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 135.)
Mr. Trout moved the adoption of Ordinance No. 34419-080299.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ................................................................................ 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member White were absent.)
SEWERS AND STORM DRAINS: The Acting City Manager
submitted a written report advising that the Roanoke River Interceptor
Sewer Replacement project is part of the renovation and expansion of
joint use sewer facilities considered by Council at its meeting on
December 13, 1993; the Roanoke River Interceptor Sewer Replacement
project replaces the existing interceptor sewer from the Water Pollution
Control Plant to the Salem City limit; and the Agreement for Consultant
Services between the City of Roanoke and Black and Veatch is dated
October 10, 1994.
It was further advised that the Roanoke River Interceptor Sewer
Replacement project is currently under construction and is
approximately 75 per cent complete; the original agreement with Black
16
ACTION:
& Veatch provided for 18 months of construction administration and
inspection services; and proposed Amendment No. 4 will provide for an
additional six months of construction administration services at a rate
of $18,000.00 per month, on a total contract value of $108,000.00.
The Acting City Manager recommended that he be authorized to
execute Contract Amendment No. 4, in a form to be approved by the
City Attorney, with Black & Veatch, in the amount of $108,000.00, for an
additional six months of construction administration services, at a rate
of $18,000.00 per month; and transfer $108,000.00 from Roanoke River
Interceptor Sewer, Account No. 003-056-8484, to Roanoke River
Interceptor Sewer, Account No. 003-056-8469.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34420-080299) A RESOLUTION authorizing the City Manager's
issuance of Amendment No. 4 to the City's contract with Black &
Veatch, for additional engineering services for the Roanoke River
Interceptor Sewer Replacement Project.
(For full text of Resolution, see Resolution Book No. 62, page 136.)
Mr. Trout moved the adoption of Resolution No. 34420-080299.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ............................................................................. 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member White were absent.)
SEWERS AND STORM DRAINS: The Acting City Manager
submitted a written report advising that the Roanoke River Interceptor
Sewer Replacement project is part of the renovation and expansion of
joint use sewer facilities considered by Council at its meeting on
December 13, 1993; the Roanoke River Interceptor Sewer Replacement
project replaces the existing interceptor sewer from the Water Pollution
Control Plant to the Salem City limit; Contracts C, D, and E were
awarded to Casper Colosimo & Son, Inc., with a contract date of
March 16, 1998; and the contracts provide for replacement of the
existing Roanoke River interceptor from Wasena Park at Winchester
Street to the Salem City limit and 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 has progressed well to
date and is approximately 75 per cent complete with a scheduled
completion date of September 23, 1999; the proposed sewer crosses
under Norfolk Southern tracks at two locations, one crossing at the
railroad bridge over the Roanoke River west of Bridge Street and the
other crossing at a railroad bridge near Peters Creek; proposed Change
Order No. 5 will provide for tunnel grouting, at a total cost of
$34,980.90; and construction cost of the project (Contracts C, D, and E)
is estimated as follows:
Initial Contract
Change Order No. 1
Change Order No. 2
Change Order No. 3
Change Order No. 4
Proposed Change Order No. 6
$12,931,078.00
19,200.00
63,42O.00
250,944.29
654,974.32
34,980.90
Total $13,954,597.51
Total Change Orders to date, including proposed Change Order
No. 5, are equivalent to 7.4 per cent of the initial agreement value.
1. Contract contingency fund statues:
Contingency $ 646,554.00
Mobile Home Relocations 400,000.00
Railroad Flagging and Construction 75,000.00
Change Order Nos. 1 through 4 ( 988,538.00)
Proposed Change Order No. 5 ( 34,981.00)
Available contingency after
this Change Order
$ 98,035.00
The proposed Change Order cost is appropriated between the
participating jurisdictions as follows:
City of Roanoke
City of Salem
Roanoke County
36.7% $ 12,837.99
33.7% 11,788.56
29.6% 10,354.35
17
Total $ 34,980.90
18
ACTION:
The Acting City Manager recommended that he be authorized to
execute Change Order No. 5, in a form to be approved by the City
Attorney, with Casper Colosimo & Son, Inc., in the amount of $34,980.90
and zero additional calendar days of contract time.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#34421-080299) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. 5 to the City's contract with Casper
Colosimo & Son, Inc., for the Roanoke River Interceptor Sewer
Replacement Contracts C, D & E; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 137.)
Mr. Trout moved the adoption of Ordinance No. 34421-080299.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ................................................................................ 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member White were absent.)
BUDGET-FIRE DEPARTMENT-EMERGENCY MEDICAL SERVICES:
The Acting City Manager submitted a written report advising that on
July 6, 1998, Council authorized the City Manager to enter into a two-
year agreement to participate in a Level III Regional Response Team;
on July 13, 1998, the City Manager and the State Coordinator of
Emergency Services entered into the agreement, effective until June 30,
2000, unless terminated upon 30 days written notice by either party; the
agreement specifies that the City of Roanoke, as well as all
participating localities in a regional response team will receive "pass-
through funding" from the Virginia Department of Emergency Services
(VDES) to assist with the purchase of equipment, physicals, and
attendance at training programs necessary to comply with mandates
set by Federal OSHA and Virginia Department of Emergency Services
(VDES); and pass-through funding totaling $15,000.00 has been
received from VDES by the City of Roanoke and deposited in Revenue
Account No. 035-050-3222-3222.
ACTION:
It was explained that the City of Roanoke and the City of Salem
will coordinate purchase of equipment for the Hazardous Materials
Regional Response Team, in order to avoid duplication of expensive
equipment and allow for compatibility of equipment purchased; and
training classes are coordinated through hazardous materials officers
for the respective jurisdictions in conjunction with the Virginia
Department of Emergency Services.
The Acting City Manager recommended that Council accept the
Hazardous Materials Regional Response Team grant of $15,000.00; and
appropriate $15,000.00 under the Hazardous Response Materials
Response Team Grant (Account Nos. 035-050-3222-2035, 035-050-3222-
2110 and 035-050-3222-2044) and increase the revenue estimate by
$15,000.00, as follows:
$3,300.00
$8,000.00
$3,700.00
Other Equipment
Employee Physicals
Training and Development
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34422-080299) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 138.)
Mr. Trout moved the adoption of Ordinance No. 34422-080299.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
19
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ................................................................................ 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member White were absent.)
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the fiscal year 1999 unaudited financial
report advising that General Fund revenues for fiscal year 1999 total
2O
$172,462,547.00; collections exceeded the revenue estimate by 1.44 per
cent or $2,449,647.00; and total General Fund revenues increased 5.94
per cent over fiscal year 1998.
It was further advised that General Fund expenditures and
encumbrances totaled $173,670,157.00; unencumbered appropriations
were $2,139,224.00 or 1.22 per cent of the General Fund budget; School
Fund revenues for fiscal year 1999 total $92,915,221.00; collections
exceeded the revenue estimate by 0.20 per cent or $189,086.00; school
expenditures and encumbrances totaled $94,135,784.00;
unencumbered appropriations were $895,502.00 or .85 per cent of the
School Fund budget; and the fiscal year 1999 year end designated fund
balances for Capital Maintenance and Equipment Replacement
(CMERP) for the General Fund and School Fund per the requirements
of Ordinance No. 26292 are as follows:
General Fund
Local Tax Revenues
Over Estimate
Non-Local Tax Revenues
Under Estimate
Unobligated
Appropriations
SchoolFund
City Operations
$ 2,081,350.00
( 608,355.00)
$ 2,139,225.00
School Operations
$ 976,652.00
Revenues Over Estimate $ $ 189,086.00
Unobligated 895,502.00
Appropriations
Fund Balance Transfers
Reserve for Uninsured $ (250,000.00) $
Claims
Adjustment to Reserve - ( 8,194.00)
for Worker's Comp
Claims
CSA Program Settle-Up ( 38,810.00) ( 38,810.00)
Adjustment
Capital Maintenance and $3,323,410.00 $2,091,856.00
Equipment Replace-
ment Funding
Available
The amounts shown above for fiscal year 1999 are unaudited and are
subject to change during the course of the City's annual external audit.
ACTION:
The Director of Finance advised that he looks forward to
prioritizing and recommending to Council the most critical maintenance
and equipment replacement needs during fiscal year 2000.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Hudson moved that the year end designated fund balance,
with the exception of those funds identified for school operations, will
be placed in a special account pending review by Council; and, in the
event of an emergency, funding requests will be submitted by the
Acting City Manager to Council to be addressed on an individual basis.
The motion was seconded by Mr. Trout and adopted.
REPORTS OF COMMITTEES:
SEWERS AND STORM DRAINS: Council Member Carroll E.
Swain, Chairperson, Bid Committee, presented a written report on
behalf of the Committee, in connection with bids received by the City
for execution of a contract with Robinson Pipe Cleaning Company to
remove, transport and dispose of sludge from the lagoons at the Water
Pollution Control Plant, 1402 Bennington Street, S. E.; whereupon, he
recommended that Council approve the following actions:
Authorize the Acting City Manager to enter into a
contractual agreement, in a form to be approved by the
City Attorney, with Robinson Pipe Cleaning Company for
removal of sludge from the lagoons at the Water Pollution
Control Plant and properly dispose of a minimum of 10,000
dry tons of sludge in one year, at the unit price of $84.47
per dry ton, for a minimum contract amount of $844,700.00
and one year contract time, in accordance with contract
documents as prepared by the Office of City Engineer.
Authorize encumbrance of funding totaling $1,000,994.00
which is 11,850 dry tons; the additional 150 dry tons will
be funded from other accounts as approved by the
Director of Utilities and Operations.
Funding of $1,000,944.00 is available in Account No. 003-
056-3150-2010.
Reject all other bids received by the City.
The Acting City Manager submitted a written report concurring
in the recommendation of the Bid Committee.
21
22
ACTION:
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency ordinance:
(#34423-080299) AN ORDINANCE accepting the bid of Robinson
Pipe Cleaning Company for furnishing all tools, labor, machinery and
material necessary to remove, transport and dispose of digested sludge
from the Water Pollution Control Plant, upon certain terms and
conditions, and awarding a contract therefor; authorizing the proper
City officials to execute the requisite contract for such work; rejecting
all other bids made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 139.)
Mr. Swain moved the adoption of Ordinance No. 34423-080299.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ............................................................................. 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member White were absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ZONING: Ordinance No. 34406, amending proffers presently
binding upon 60.53 acres of land located between 1-581 and Franklin
Road, S. W., identified as Official Tax Nos. 1290105, 1290107, 1290108
and 1290171, to reflect changes in proffered conditions as shown in the
Second Amended Petition to Amend Proffers filed in the City Clerk's
Office on May 25, 1999, and as set forth in a report of the City Planning
Commission dated July 19, 1999, having previously been before the
Council for its first reading on Monday, July 19, 1999, read and adopted
on its first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
ACTION:
(#34406-080299) 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-2, General Commercial District.
(For full text of Ordinance, see Ordinance Book No. 62, page 126.)
Mr. Trout moved the adoption of Ordinance No. 34406-080299.
The motion was seconded by Mr. Swain and adopted by the following
vote:
23
ACTION:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ................................................................................ 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member White were absent.)
ZONING: Ordinance No. 34407, rezoning approximately 4.3 acres,
located generally on the north side of Kingsbury Circle and located
approximately 170 feet west of Franklin Road (U. S. 220) described as
a portion of Official Tax No. 1290107, be rezoned from C-2, General
Commercial District, to RPUD, Residential Planned Unit Development
District, subject to certain proffers contained in the Second Amended
Petition filed in the Office of the City Clerk on June 8, 1999, having
previously been before the Council for its first reading on Monday,
July 19, 1999, read and adopted on its first reading and laid over, was
again before the body, Mr. Trout offering the following for its second
reading and final adoption:
(#34407-080299) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 129, 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. 62, page 128.)
Mr. Trout moved the adoption of Ordinance No. 34407-080299.
The motion was seconded by Mr. Swain and adopted by the following
vote:
24
ACTION:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ............................................................................. 5.
NAYS: None ...................................................................... 0.
(Mayor Bowers and Council Member White were absent.)
ZONING: Ordinance No. 34408, rezoning a 56-acre tract of land
lying at the end of Read Mountain Road, N. E., identified as Official Tax
No. 7320101, from RA, Residential Agricultural District, to LM, Light
Manufacturing District, subject to certain proffers contained in a
petition filed in the City Clerk's Office on May 7, 1999, having previously
been before the Council for its first reading on Monday, July 19, 1999,
read and adopted on its first reading and laid over, was again before
the body, Mr. Trout offering the following for its second reading and
final adoption:
(#34408-080299 AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No.732, 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. 62, page 129.)
Mr. Trout moved the adoption of Ordinance No. 34408-080299.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member White were absent.)
PURCHASE/SALE OF PROPERTY-CITY PROPERTY: Ordinance
No. 34410, providing for the fee simple conveyance to Serenity Funeral
Home, LLC, of City-owned property, identified as Official Tax Nos.
2012705, 2012706 and 2012707, containing 0.293-acre, and located on
Gilmer Avenue, N. W., upon certain terms and conditions, having
previously been before the Council for its first reading on Monday,
July 19, 1999, read and adopted on its first reading and laid over, was
again before the body, Mr. Trout offering the following for its second
reading and final adoption:
ACTION:
(#34410-080299) AN ORDINANCE providing for the fee simple
conveyance to the Serenity Funeral Home, LLC, of City-owned property,
identified by Official Tax Map Nos. 2012705, 2012706 and 2012707,
containing 0.293-acre, and located on Gilmer Avenue, N. W,, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 130.)
Mr. Trout moved the adoption of Ordinance No. 34410-080299.
The motion was seconded by Mr. Swain and adopted by the following
vote:
25
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ................................................................................ 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member White were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
WATER RESOURCES: Mr. Trout read the following
communication from the Acting City Manager to the Roanoke County
Administrator dated July 29, 1999:
"July 29, 1999
Mr. Elmer C. Hodge
County Administrator
County of Roanoke
P.O. Box 29800
5204 Bernard Drive
Roanoke, Virginia 24018-0798
Dear Elmer:
As discussed last night, I am disappointed by the content of the
letter dated July 28, 1999, from the Chairman of the Board of
Supervisors to City Council concerning the regional water discussions.
On several occasions, you and I have discussed an approach to come
up with alternatives to further regional cooperation in an area of water
supply. Of particular concern to me is the fact that we met on July 16,
1999, and agreed that we would ask Mr. Kiser with Roanoke City and
Mr. Robertson with Roanoke County to explore all options and report
back to us within the next month. Within the last two days, Mr. Kiser
26
reported several issues he and Mr. Robertson have identified which
may be mutually beneficial for the improvement of the contract between
the City and County, and I believed our plan was working very well.
I am at a loss to determine why the Chairman would write this
letter had you shared the general nature of our discussions with the
Board. You assured me last night that you had discussions with the
Board, but they would not listen in view of some of the statements two
members of City Council had made concerning their desire for the City
to be independent in water resources and the fact that the City is
looking at other options, in our meeting on July 16th, I indicated that it
is my intent to explore all feasible options, however, the regional
approach is a priority. You agreed that while our staff time, by
necessity, is concentrated on the water conservation emergency, we
intend to spend as much time as possible working on these issues and
that you and I would meet again as soon as Mr. Kiser and
Mr. Robertson reported back to us.
As stated above, after meeting with Mr. Kiser the past two days
I was very optimistic that he and Mr. Robertson had identified several
key issues on which we could continue our discussions. It truly
amazed me that the Board of Supervisors would take the position
stated in the letter if in fact they knew staffdiscussions were underway.
You stated last night that the Board was informed of these
discussions, but they chose not listen to your advice. I regret that they
apparently did not understand the depth of our discussions and that
the newspaper did not find it beneficial to print your report to the
Board.
Although I am greatly disappointed with this unfortunate turn of
events, it is my hope to regain the positive working relationship that we
have had in the past and that we continue to explore what was agreed
on for the sake of our citizens and governing bodies.
Sincerely yours,
S/James D. Ritchie
Acting City Manager"
27
Mr. Trout advised that Roanoke City Council does not micro
manage the City Manager's Office, it is clear that the Acting City
Manager and his staff have been working toward regional cooperation
with regard to water and the water supply issue and encouraged the
Acting City Manager to continue his efforts in addressing the water
situation.
The Acting City Manager advised that it was not his intent for the
above letter to the Roanoke County Administrator to become public;
however, it is extremely important that both short term and long term
solutions to the water situation be approached without indulging in
anything but good intentions to resolve the problem. He further
advised that when he was requested to serve as Acting City Manager,
he consulted with many people about those issues that the City would
be dealing with in the next six months and he was told by the Director
of Utilities and Operations that the most difficult issue that the City
would deal with during his time as Acting City Manager would be the
water situation. As a result of identifying that issue, he stated that he
talked with the Roanoke County Administrator regarding the water
situation long before the City reached the level of voluntary
conservation and several points of agreement were reached. He further
stated that the necessity of seeking both short term and long term
solutions were discussed in order for the respective staffs to
coordinate the necessary information for all possible solutions, and, as
a result, discussions took place by Roanoke City and Roanoke County
staffs regarding water connections and planning for connections, along
with long range options, and, to date, those discussions have been
fruitful. He added that Roanoke County has been most cooperative,
and the City is purchasing millions of gallons of water per day from
Roanoke County as a result of the water connections.
Since drafting the above referenced letter, Mr. Ritchie advised
that he and the Roanoke County Administrator have engaged in
conversations and they have agreed to renew their efforts with regard
to addressing the water shortage. He stated that there is great potential
for the two localities to make progress by working together and the end
result will be a water supply for the entire Roanoke Valley that is
reliable and safe. He advised of his commitment to ongoing water
negotiations, with progress reports to Council and to the Roanoke
County Board of Supervisors.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
28
RNDC: Charles A. Price, representing the Roanoke
Neighborhood Development Corporation, (RNDC), advised that RNDC
established itself as a community based organization formed by
citizens to work for citizens in the northwest section of the City,
specifically, with regard to the Henry Street project and to those areas
of the entire City where its expertise can be used. He stated that RNDC
worked with citizens to form a public/private partnership which was
established in order to receive input from all sectors of the City. He
further stated that RNDC has come a long way and looks to the future
with optimism, the organization was formed as a means of bridging all
areas of the City, and its work is not about just one issue but about
what has happened, what is happening, and what can happen, in the
future. He advised that RNDC was under the impression that a specific
item of interest would be on the City Council agenda today, but when
it was discovered that the item would be postponed until a later date,
they were not successful in notifying all persons of the delay, therefore,
some persons were present out of their interest regarding certain
improvements in northwest Roanoke.
At 3:18 p.m., the Vice-Mayor declared the meeting in recess.
At 3:35 p.m., the meeting reconvened in the Council Chamber,
with Vice-Mayor Harris presiding, and all Members of the Council in
attendance, with the exception of Mayor Bowers and Council Member
White.
ACTION:
COUNCIL: With respect to the Closed Meeting just concluded,
Mr. Swain moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Closed Meeting was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice-
Mayor Harris ................................................................................ 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member White were absent.)
29
OATHS OF OFFICE-COMMITTEES-CULTURAL SERVICES
COMMITTEE: The Vice-Mayor advised that the terms of office of
Thelma R. Holland and George A. Kegley as members of the Cultural
Services Committee expired on June 30, 1999, and called for
nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of Thelma R. Holland
and George A. Kegley.
There being no further nominations, Ms. Holland and Mr. Kegley
were reappointed as members of the Cultural Services Committee, for
terms ending June 30, 2000, by the following vote:
ACTION:
FOR MS. HOLLAND AND MR. KEGLEY: Council Members Swain,
Trout, Wyatt, Hudson and Vice-Mayor Harris ................................... 5.
(Mayor Bowers and Council Member White were absent.)
OATHS OF OFFICE-COMMITTEES-CULTURAL SERVICES
COMMITTEE: The Vice-Mayor advised that there is a vacancy on the
Cultural Services Committee created by the resignation of William Lee,
and called for nominations to fill the vacancy.
Mr. Hudson placed in nomination the name of Courtney A. Penn.
There being no further nominations, Mr. Penn was appointed as
a member of the Cultural Services Committee, for a term ending
June 30, 2000, by the following vote:
ACTION:
FOR MR. PENN: Council Members Swain, Trout, Wyatt, Hudson
and Vice-Mayor Harris ................................................................. 5.
(Mayor Bowers and Council Member White were absent.)
OATHS OF OFFICE-COMMITTEES-CITY EMPLOYEES-
PERSONNEL DEPARTMENT: The Vice-Mayor advised that there is a
vacancy on the Personnel and Employment Practices Commission
created by the ineligibility of Lonice B. Coburn to serve another term,
and called for nominations to fill the vacancy.
Mr. Hudson placed in nomination the name of Edward L.
Crawford, Jr.
3O
There being no further nominations, Mr. Crawford was appointed
as a member of the Personnel and Employment Practices Commission,
for a term ending June 30, 2002, by the following vote:
ACTION:
FOR MR. CRAWFORD: Council Members Swain, Trout, Wyatt,
Hudson and Vice-Mayor Harris ...................................................... 5.
(Mayor Bowers and Council Member White were absent.)
ACTION:
Inasmuch as Mr. Crawford is not a resident of the City of
Roanoke, Mr. Hudson moved that the City residency requirement for
persons serving on authorities, boards, commissions and committees
appointed by the Council be waived in this specific instance. The
motion was seconded by Mr. Swain and adopted.
There being no further business, the Vice-Mayor declared the meeting
adjourned at 3:40 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
C. Nelson Harris
Vice-Mayor
SPECIAL SESSION ...... ROANOKE CITY COUNCIL
August 6, 1999
10:00 a.mo
The Council of the City of Roanoke met in special session on Friday, August 6,
1999, at 10:00 a.m., in the City Council Chamber, fourth floor, Municipal Building, 215
Church Avenue, S. W., City of Roanoke, with Vice-Mayor C. Nelson Harris presiding,
pursuant to Section 10, Meetings of Council, of the Charter of the City of Roanoke.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O.
Trout, William White, Sr., Linda F. Wyatt and Vice-Mayor C. Nelson Harris ........... 6.
ABSENT: Mayor David A. Bowers ........................................................... 1.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; James D.
Grisso, Director of Finance; and Mary F. Parker, City Clerk.
COUNCIL: The Vice-Mayor referred to the following communication calling
the special meeting of Council:
"August 5, 1999
The Honorable Members of
Roanoke City Council
Roanoke, Virginia
Re: Request for Special Meeting of Council on Friday, August 6, 1999
Dear Members of Council:
In accordance with the provisions of Section 10, Meetings of Council, of the Charter
of the City of Roanoke, I hereby call a Special Meeting of Council and provide you
with notice of that meeting. The Special Meeting is for the purpose of convening in
Closed Meeting to discuss specific legal matters requiring the provision of legal
advice by counsel, pursuant to Section 2.1-344 (A)(7), of the Code of Virginia (1950),
as amended.
31
32
The Special Meeting of Council will be held on Friday, August 6, 1999, at 10:00 a.m.,
in the City Council Chamber, 215 Church Avenue, S. W.
Sincerely,
SIC. Nelson Harris
Vice-Mayor
CNH:Io
pc:
James D. Ritchie, Sr., Acting City Manager
Diane S. Akers, Acting Assistant City Manager
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Robert K. Bengtson, Acting Director, Public Works
Glenn D. Radcliffe, Director, Human Development
George C. Snead, Jr., Director, Public Safety
Willard N. Claytor, Director, Real Estate Valuation
Robert H. Bird, Municipal Auditor
Phillip F. Sparks, Chief, Economic Development
Charles M. Huffine, City Engineer
Mary F. Parker, City Clerk"
Mr. Trout moved that Council convene in a Closed Meeting to discuss specific
legal matters requiring the provision of legal advice by counsel, pursuant to Section
2.1-344 (A) (7) Code of Virginia (1950), as amended. The motion was seconded by
Mr. Swain and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt and Vice-Mayor
Harris ........................................................................................................... 6.
NAYS: None ........................................................................................ 0.
(Mayor Bowers was absent.)
At 10:05 a.m., the Vice-Mayor declared the meeting in recess.
At 11:45 a.m., the special meeting reconvened in the City Council Chamber,
with all Members of the Council in attendance, except the Mayor, Vice-Mayor Harris
presiding.
33
COUNCIL: Mr. Swain moved that each Member of 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. Hudson and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt and Vice-Mayor
Harris ............................................................................................................ 6.
NAYS: None .......................................................................................... 0.
(Mayor Bowers was absent.)
There being no further business, the Vice-Mayor declared the meeting
adjourned at 11:47 a.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
C. Nelson Harris
Vice-Mayor
34
SPECIAL SESSION ...... ROANOKE CITY COUNCIL
August 11, 1999
12:15 p.m.
The Council of the City of Roanoke met in special session on Wednesday,
August 11, 1999, at 12:15 p.m., in the City Council Chamber, fourth floor, Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers
presiding, pursuant to Section 10, Meetings of Council, of the Charter of the City of
Roanoke.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A.
Bowers ................................................................................................... 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; William X
parsons, Assistant City Attorney; Jesse A. Hall, Deputy Director of Finance; and
Mary F. Parker, City Clerk.
The special meeting was opened with a prayer by Vice-Mayor C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
COUNCIL-WATER RESOURCES: The Mayor referred to the following
communication calling the special meeting of Council:
"August 11, 1999
The Honorable Members of
Roanoke City Council
Roanoke, Virginia
Re: Request for Special Meeting of Council on Wednesday, August 11, 1999
Dear Members of Council:
In accordance with the provisions of Section 10, Meetings of Council, of the Charter
of the City of Roanoke, I hereby call a Special Meeting of Council and provide you
with notice of that meeting. The Special Meeting is for the purpose of convening in
Closed Meeting to discuss specific legal matters requiring the provision of legal
advice by counsel, pursuant to Section 2.1-344 (A)(7), of the Code of Virginia (1950),
as amended.
35
The Special Meeting of Council will be held on Wednesday, August 11, 1999, at
12:15 p.m., in the City Council Chamber, 215 Church Avenue, S. W., City of Roanoke,
Virginia.
Sincerely,
DAB:ec
S/David A. Bowers
Mayor
pc:
James D. Ritchie, Sr., Acting City Manager
Diane S. Akers, Acting Assistant City Manager
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Robert K. Bengtson, Acting Director, Public Works
Glenn D. Radcliffe, Director, Human Development
George C. Snead, Jr., Director, Public Safety
Willard N. Claytor, Director, Real Estate Valuation
Robert H. Bird, Municipal Auditor
Mary F. Parker, City Clerk"
Mr. Trout moved that Council convene in a Closed Meeting to discuss specific
legal matters requiring the provision of legal advice by counsel, pursuant to Section
2.t-344 (A) (7), Code of Virginia (1950), as amended. The motion was seconded by
Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and
Mayor Bowers ................................................................................................ 7.
NAYS: None .0.
The Mayor declared the meeting in recess at 12:20 p.m.
The meeting reconvened at 1:30 p.m., in the City Council Chamber, 215
Church Avenue, S. W., City of Roanoke, with all Members of the Council in
attendance, Mayor Bowers presiding.
36
Mr. Harris moved that each member of 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. Hudson and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and
Mayor Bowers ............................................................................................... 7.
NAYS: None .0.
The Mayor announced that officials of the City of Roanoke and the County of
Roanoke will hold a joint press conference on Wednesday, August 11, 1999, at
2:00 p.m., in the Conference Room at the Roanoke Regional Airport.
There being no further business, the Mayor declared the special meeting
adjourned at 1:35 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
*Bob L. Johnson, Chairman, Roanoke County Board of Supervisors, and
David A. Bowers, Mayor, City of Roanoke, signed the following joint statement at the
2:00 p.m., press conference:
"JOINT STATEMENT
The undersigned, with support of their respective governing bodies,
hereby agree in principle to the following items concerning the joint
use of water resources between the County of Roanoke and the City of
Roanoke.
* The 1979 contract will be modified by amendment or a new contract,
to eliminate any requirement that the City sell water to the County or
that the County purchase water from the City, retroactive to July 1,
1999. The County's final payment under the contract will be $1.6 million
to be paid during this fiscal year.
37
* The County guarantees that it will sell the City up to four million
gallons of water from the County water system per day, if requested,
once transmission capability is in placea This capacity is expected to
be available by September 1, 1999.
* The price for any water that is sold to either jurisdiction will be the
same $2,750 per million gallons. This figure will be recalculated
annually based on the consumer price index. The rate formula shall be
subject to reevaluation every five years.
* The County and City can transport up to three million gallons per
day of traded water through each other's water lines if desired by the
other party, subject to capacity.
* Each jurisdiction will have access to the other's surplus water, if
needed.
* The term of the amended or new contract will extend to June 30,
2019.
* Future improvements to the City and/or County water systems will
be jointly shared and funded based on their merits and negotiated
benefits.
* The final agreement will be presented for approval to both
government bodies in the near future.
SI Bob L. Johnson
Bob L. Johnson, Chairman
Board of Supervisors
Roanoke County
S/David A. Bowers
David A. Bowers, Mayor
City of Roanoke
August 11, 1999"
38
ACTION:
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
August 16, 1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
August 16, 1999, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979),
as amended.
PRESENT: Council Members James O. Trout, William White, Sr., Linda F.
Wyatt(arrived during the Closed Meeting), W. Alvin Hudson, Jr., Carroll E. Swain and
Mayor David A. Bowers .................................................................................. 6.
ABSENT: Vice-Mayor C. Nelson Harris ..................................................... 1.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; James D.
Grisso, Director of Finance; and Mary F. Parker, City Clerk.
CITY ATTORNEY-COUNCIL: A report of the City Attorney requesting 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.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson 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. Swain and adopted by the following vote:
AYES: Council Members Trout, White, Hudson, Swain and Mayor Bowers---5.
NAYS: None ......................................................................................... O.
(Vice-Mayor Harris and Council Member Wyatt were absent.)
At 12:17 p.m., the Mayor declared the meeting in recess.
Council Member Wyatt arrived during the Closed Meeting.
39
At 1:00 p.m., the meeting reconvened in the Council Chamber, with Mayor
Bowers presiding, and all Members of the Council in attendance, with the exception
of Vice-Mayor Harris.
The Mayor advised that the Closed Meeting would reconvene at approximately
1:30 p.m., immediately following adjournment of the meeting of the Water Resources
Committee; whereupon, at 1:00 p.m., the Mayor declared the City Council meeting
in recess.
At 1:35 p.m., Council reconvened in a continuation of its Closed Meeting in the
City Council's Conference Room, pursuant to previous action taken by the Council,
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 Mayor advised that the Closed Meeting would continue following
conclusion of the 2:00 p.m., Council meeting.
At 1:50 p.m., the Mayor declared the City Council meeting in recess until 2:00
p.m.
At 2:00 p.m., on Monday, August 16, 1999, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
PRESENT: Council Members James O. Trout, William White, Sr., Linda F.
Wyatt, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A. Bowers ............ 6.
ABSENT: Vice-Mayor C. Nelson Harris .................................................... 1.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting 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
Kenneth B. Wright, Pastor, First Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
ACTS OF ACKNOWLEDGMENT:
ACTS OF ACKNOWLEDGMENT-YOUTH: The Mayor advised that
the City of Roanoke has been welcomed by America~s Promise as an
official partner in the nationwide movement, and Roanoke has been
40
congratulated for joining America's Promise as a Community of
Promise for being willing to provide individual youth, in need, with
access to the following basic promises of the initiative:
(1) Mentoring - to increase the number of adults acting as
volunteer mentors with youth by 300 by December 2000;
(2) Protecting -to increase the number of children and youth with
access to safe places to recreate and socialize by 250 by
December 2000;
(3) Nurturing - to increase the number of children and youth with
access to affordable quality health care by 500 by December,
2000;
(4) Preparing - by increasing the number of youth with access to
internships or apprenticeships opportunities by 150 by
December 2000;
(5) Serving - by increasing the number of youth exposed to
volunteer opportunities by 300 by December 2000.
The Mayor advised that America's Promise was launched by
General Colin L. Powell at the historic President's Summit for
America's Future in Philadelphia two years ago. He called attention to
a group of Roanoke Valley citizens who have been working over the
past year to develop America's Promise in Roanoke, with a summit
which is scheduled to be held later this year.
Dr. Elizabeth Lee, Member, Roanoke's America's Promise
Committee, presented each Member of Council with a "little red
wagon," which is the symbol of America's Promise and its commitment
to youth.
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
personnel matters with regard to vacancies on various authorities,
boards, commissions and committees appointed by the Council.
ACTION:
ACTION:
MINUTES: Minutes of the regular meetings of Council held on
Monday, May 3, and Monday, May 17, 1999; the special meetings of
Council held on Monday, May 3, 1999, and Tuesday, May 11, 1999; and
meetings of the Roanoke City Council Personnel Committee held on
Tuesday, May 4, 1999, and Wednesday, May 5, 1999, were before the
body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. White moved that the reading of the Minutes be dispensed
with and that the Minutes be approved as recorded. The motion was
seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers 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. White 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. Swain and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
41
(Vice-Mayor Harris was absent.)
42
ACTION:
ACTION:
TAXES-COMMUNICATIONS DEPARTMENT-TELEPHONE
COMPANIES-TELEPHONE EQUIPMENT: A report of the Director of
Finance in response to an inquiry by Council Member Trout with regard
to the Public Right-of-Way Use Fee adopted by Council on March 1,
1999, was before Council.
Mr. White moved that the report be removed from the Consent
Agenda for further discussion. The motion was seconded by Mr. Swain
and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
(See page 44.)
COMMITTEES-HOUSING/AUTHORITY: A communication from
The Reverend Charles T. Green tendering his resignation as a member
of the Fair Housing Board, effective immediately, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the communication be received and filed,
and that the resignation be accepted. The motion was seconded by
Mr. Swain and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
COMMITTEES-HUMAN DEVELOPMENT COMMITTEE: A
communication from Harold P. Kyle tendering his resignation as a
member of the Human Services Committee, effective immediately, was
before Council.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
ACTION:
Mr. White moved that the communication be received and filed,
and that the resignation be accepted. The motion was seconded by
Mr. Swain and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
COMMITTEES-BLUE RIDGE COMMUNITY SERVICES: A
communication from Rita J. Gliniecki tendering her resignation as a
member at large of the Blue Ridge Community Services Board of
Directors, effective immediately, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the communication be received and filed,
and that the resignation be accepted. The motion was seconded by
Mr. Swain and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
CULTURAL SERVICES COMMITTEE-HUMAN DEVELOPMENT
COMMITTEE-SCHOOLS-FIFTH PLANNING DISTRICT COMMISSION-
OATHS OF OFFICE-COMMITTEES: The following reports of
qualification were before Council:
Frank J. Eastburn as a member of the Cultural Services
Committee for a term ending June 30, 2000;
Evelyn F. Board as a member of the Human Services
Committee for a term ending June 30, 2000;
Audrey M. Wheaton as a member of the Virginia Western
Community College Board for a term ending June 30,
2003; and
43
44
ACTION:
Sherman A. Holland as a member of the Roanoke Valley
Area Metropolitan Planning Organization fora term ending
June 30, 2002.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
REGULAR AGENDA
TAXES-COMMUNICATIONS DEPARTMENT-TELEPHONE
COMPANIES-TELEPHONE EQUIPMENT: The Director of Finance
submitted a written report in response to an inquiry by Council Member
Trout regarding the Public Right-of-Way Use Fee adopted by Council on
March 1, 1999, advising that in January 1996, Congress passed the
Telecommunications Act of 1996, which was signed into law in
February 1996 to remove regulatory barriers and to encourage new
businesses among all types of communication companies.
It was further advised that after passage of the Act, disputes
arose among the Virginia Department of Transportation (VDOT),
telecommunications carriers, and localities as to what charges or
compensation localities could impose on telecommunications carriers
for use of the rights-of-way within localities or VDOT's right-of-way;
consequently, the 1998 Virginia General Assembly addressed the
issues of compensation that localities and VDOT could impose on
telecommunications carriers for the use of rights-of-way; the legislation
provided that effective July 1, 1998, a Public Rights-of-Way Use Fee
could be imposed; and the General Assembly decided that instead of
imposing fees or charges on the telecommunications carriers
themselves, the local exchange carriers for each locality would assess
and collect the fee from each customer who has an access line.
It was explained that Council adopted the Public Right-of-Way
Use Fee on March 1, 1999; the Public Right-of-Way Use Fee took the
place of previously adopted franchise fee agreements with
ACTION:
telecommunications carriers; the Public Rights-of-Way Use Fee rate is
$0.50 from July 1, 1999 through June 30, 2000 per affected access line
per month; Council's adoption of the Public Rights-of-Way Use Fee
provided for compliance with Virginia Law; and additional funding from
the fee was allocated to street paving to help offset additional costs
associated with diminished pavement life due to utility cuts.
(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.
45
HEARING OF CITIZENS UPON PUBLIC MATTERS:
POLICE DEPARTMENT-COMPLAINTS: Mr. Eric Minor, 819 - 7th
Street, N. W., addressed Council in connection with alleged issues of
unfair and biased treatment by the Roanoke City Police Department. He
stated that he has been labeled as a criminal and asked that Council
intervene on his behalf. He advised that he has discussed his concerns
with the Director of Public Safety and the Police Chief, but he does not
believe that his concerns were understood, and the problem has
continued to escalate.
Martin D. Jeffrey, President, Roanoke Chapter, N.A.A.C.P., spoke
with regard to Mr. Minor's concerns and referred to a letter which was
forwarded to Council from the Executive Board of the Roanoke Chapter,
N.A.A.C.P. outlining specific concerns based upon complaints that have
been received over the last six to eight months which indicate that
there are certain serious issues that remain unresolved in respect to
the Roanoke City Police Department. He stated that a meeting will be
held with the Chief of Police to discuss certain concerns based upon
complaints that have been filed with the Roanoke Chapter, N. A. A. C. P.
He stated that the N. A. A. C. P. supports qualified and well paid law
enforcement personnel that is accountable for its actions. He added
that he has personally witnessed some of the concerns alluded to by
Mr. Minor, these problems require more effort than a simple referral to
a City official, and the Roanoke Branch N. A. A. C. P. will be looking for
complete Councilmanic and City administration support to resolve the
issue.
The Reverend Carl T. Tinsley, 2647 Springhill Drive, N. W.,
suggested appointment of a citizens advisory committee to address
issues relating to the Police Department.
46
Following discussion, it was the consensus of Council that the
matter would be referred to the Acting City Manager for report to
Council.
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.
$192,071.00 from the 1999-2000 Capital Maintenance and
Equipment Replacement Fund to fund site-based
instructional technology requests, site-based audio-visual
equipment, shuttle simulator software for the Addison
Aerospace Middle School, and facility maintenance
requirements.
$7,500.00 for the Thurman Foundation for Children grant
to support activities of the Partners for Success program,
which is designated to encourage college preparation of
eighth grade students who show academic promise but
would be unlikely to consider advanced studies without
intervention; and this continuing grant will be funded with
a contribution.
$24,375.00 for capital funds from the State Construction
Grant which will be used to finance architectural and
engineering design services for school capital projects to
be completed by fiscal year 2002; and the additional
appropriation request represents additional construction
funds transmitted to the Roanoke City Schools.
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34424-081699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 School and School Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 140.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34424-081699.
The motion was seconded by Mr. White and adopted by the following
vote:
47
ACTION:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
BONDS-SCHOOLS: A communication from the Roanoke City
School Board requesting adoption of a resolution in support of the
issuance of General Obligation School Bonds, in connection with
capital improvements and additions to the Roanoke Valley Governor's
School, at an estimated cost of $3,250,000.00; and Council will be
requested to conduct public hearings and perform any other procedural
matters that may be required for participation in the VPSA bond issue,
was before the body.
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following resolution:
(#34425-081699) 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
$3,250,000.00, to finance certain capital improvements in connection
with the Roanoke Valley Governor's School, previously approved by the
Council at its May 17, 1999, meeting.
(For full text of Resolution, see Resolution Book No. 62, page 142.)
Mr. Trout moved the adoption of Resolution No. 34425-081699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
48
ACTION:
(Vice-Mayor Harris was absent.)
BONDS-SCHOOLS: A communication from the Roanoke City
School Board requesting adoption of a resolution in support of the
issuance of General Obligation School Bonds, in connection with
capital improvements to Hurt Park Elementary School, at an estimated
cost not to exceed $1,250,000.00; and Council will be requested to
conduct public hearings and perform any other procedural matters that
may be required for participation in the VPSA bond issue, was before
the body.
A report of the Director of Finance 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. Swain offered the following resolution:
(#34426-081699) A RESOLUTION authorizing and directing the
City Manager to file an application with the Virginia Public School
Authority seeking interest rate subsidy bond financing, in an amount
not to exceed $1,250,000.00, to finance certain capital improvements
in connection with Hurt Park Elementary School, previously approved
by the Council at its November 16, 1998, meeting.
(For full text of Resolution, see Resolution Book No. 62, page 143.)
Mr. Swain moved the adoption of Resolution No. 34426-081699.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... O.
(Vice-Mayor Harris was absent.)
BUDGET-DRUGS/SUBSTANCE ABUSE-COMMONWEALTH'S
ATTORNEY: A communication from the Honorable Donald S. Caldwell,
Commonwealth's Attorney, recommending acceptance of funds for the
Drug Prosecutor program and advising that Federal funding was made
available to the Commonwealth of Virginia to be used for the
development of several Multi-Jurisdictional Special Drug Prosecutors
statewide; 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 Attorney's Services
Council, the State agency responsible for administration of the grant
money to fund a Multi-Jurisdictional Special Drug Prosecutor; and
Council accepted the Multi-Jurisdictional Special Drug Prosecutor
Grant in April, 1988, and a full-time Special Drug Prosecutor was hired
in July, 1988, was before the body°
It was further advised that on April 15, 1994, the
Commonwealth's Attorneys' Services Council notified the Roanoke City
Commonwealth's Attorney's Office that legislation approved by the
General Assembly allowed funds for the Drug Prosecutor's Office to be
transferred from the Department of Criminal Justice Services and the
Commonwealth's Attorneys' Services Council to the Compensation
Board; on April 29, 1999, the Compensation Board approved funds for
the Drug Prosecutor's Office for the period July 1, 1999, through
June 30, 2000, in the amount of $90,963.00, for staff salaries and office
expenses; and total cost of operating the Drug Prosecutor's Office is
$103,523.00, with a local share cost of $12,560.00.
The Commonwealth's Attorney recommended that Council
accept funding, in the amount of $90,963.00, from the Compensation
Board and the use of $12,560.00 in local funds from the Drug
Prosecutor's Office; authorize the Acting City Manager to execute all
appropriate documents to obtain funding for the Drug Prosecutor's
Office from the Compensation Board; and appropriate funds totaling
$103,523.00.
A report of the Acting City Manager recommending that Council
concur in the recommendation of the Commonwealth's Attorney, was
also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34427-081699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 144.)
49
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ACTION:
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34427-081699.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Hudson and
Swain ......................................................................................... 5.
NAYS: None ...................................................................... 0.
(Mayor Bowers abstained from voting and Vice-Mayor Harris was
absent.)
Mr. Trout offered the following resolution:
(#34428-081699) A RESOLUTION authorizing the acceptance of
funding for the Drug Prosecutor's Office by the Compensation Board
of the Commonwealth of Virginia and authorizing the acceptance,
execution and filing of all appropriate documents to obtain such funds.
(For full text of Resolution, see Resolution Book No. 62, page 146.)
Mr. Trout moved the adoption of Resolution No. 34428-081699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Hudson and
Swain ....................................................................................... 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers abstained from voting and Vice-Mayor Harris was
absent.)
BUDGET-COMMONWEALTH'S ATTORNEY: A communication
from the Honorable Donald S. Caldwell, Commonwealth's Attorney,
recommending appropriation of cash assets forfeited to the Office of
Roanoke City 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; and in
August, 1991, a grant fund account for cash assets forfeited to the
Office of the Commonwealth's Attorney was established with an
appropriation of $25,000.00, was before Council.
It was further advised that since August, 1991, the Office of
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 provide that these
funds be placed in an interest bearing account and that interest earned
be used in accordance with program guidelines; revenues collected
through June 30, 1999, for the grant totals $114,499.00 and were
recorded in Accounts 035-035-1234-7107 and 035-035-1234-7275;
current revenue estimate is $86,506.00; and funding received in excess
of the estimated revenue totals $27,993.00 and needs to be
appropriated.
The Commonwealth's Attorney recommended that Council
appropriate $27,993.00 to the following grant fund accounts:
Administrative Supplies
Expendable Equipment
(<$500.00)
Training & Development
CIS - Personal Computer
Rental/Maintenance
Expendable Equipment
(>$soo.oo)
Total
035-026-5140-2030
035-026-5140-2035
035-026-5140-2044
035-026-5140-7007
035-026-5140-9005
$12,993.00
3,000.00
3,000.00
5,000.00
4,000.00
$27,993.00
Increase the revenue estimate for Grant Fund Account No. 035-035-
1234-7107 by $22,407.00, and Grant Fund Revenue Account No. 035-
035-1234-7275 by $5,586.00.
A report of the Acting City Manager recommending that Council
concur in the recommendation of the Commonwealth's Attorney, 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:
(#34429-081699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
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52
ACTION:
(For full text of Ordinance, see Ordinance Book No. 62, page 147.)
Mr. Hudson moved the adoption of Ordinance No. 34429-081699.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Hudson and
Swain ..................................................................................... 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers abstained from voting and Vice-Mayor Harris was
absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
HOUSING/AUTHORITY-HIGHER EDUCATION CENTER-
DOWNTOWN NORTH-RNDC-HENRY STREET REVIVAL COMMITTEE:
The Acting City Manager submitted a written report advising that three
major projects initiated in the Greater Gainsboro area, bordered by
Wells Avenue, Jefferson Street, Shenandoah Avenue, and Gainsboro
Road, have requested substantial financial and other assistance from
the City, which projects include:
The RNDC Project, an effort by the Roanoke Neighborhood
Development Corporation (RNDC) to revitalize Henry
Street by constructing the Crew Suites office building, the
Caboose convenience store and open plaza space.
The Higher Education Center (GOB North), which seeks to
combine the capabilities of several institutions of higher
learning to provide post-secondary educational
opportunities not presently available within the City.
Shenandoah Crossing (GOB South), the Roanoke
Re6evelopment and Housing Authority (RRHA) effort to
convert a former Norfolk Southern office building into 86
market-rate apartments.
It was further advised that coordination of the three projects is
essential, given their common need for public infrastructure
improvements and parking requirements; cost estimates and financial
strategies were needed, especially considering the demand for public
investment in schools, parks, Victory Stadium, economic development,
museums, an IMAX theater and other multi-million-dollar public
projects such as Lincoln 2000; and Council appointed the Downtown
North Task Force at its May $, 1999, budget study session to assist the
Acting City Manager in developing recommendations regarding
infrastructure, public financing, timing of projects and related matters
concerning the three major projects constituting the initial Greater
Gainsboro Area Project.
It was explained that over 30 meetings were conducted by staff
and interested third parties since Council created the Task Force; the
Task Force has met three times, most recently on July 27; and major
project representatives have detailed the assistance requested from the
City during the meetings, which include the following:
RNDC requested the City to provide $600,000.00 as a
capital equity contribution toward the construction of the
Crew suites office/rental building, to rent 30,000 of the
50,000 square feet of office space in the building at $14
per square foot, and to finance and construct all public
infrastructure outside the footprint of the building,
including curbs, gutters and sidewalks, lighting and other
streetscaping, decorative surfacing for the plaza area, and
parking; RNDC expressed an expectation that it would
control the parking, including retention of program income
realized from its operation; RNDC indicated that the
$600,000.00 equity from the City is required to obtain
approval for approximately $5 million in bank financing for
the construction of Crew Suites; the project is dependent
upon the RRHA transferring at no cost to RNDC the
property surrounding, adjacent to and on which Crew
Suites would be constructed; and this property was
originally purchased on behalf of the City with Community
Development Block Grant (CDBG) funds.
The Higher Education Center requested the City to provide
public infrastructure, including curbs, gutters and
sidewalks, lighting and other streetscaping and
approximately 600 evening and 200 day parking spaces,
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with free parking to be available to students; and in
providing parking, the Center requested that the City
grade the area adjacent to the building since it lies at what
is to be the main entrance.
The Roanoke Redevelopment and Housing Authority
(RRHA) requested the City to provide public infrastructure,
including curbs, gutters and sidewalks, lighting and other
streetscaping; and the RRHA could provide for project
parking needs through a surface parking lot.
It was noted that there is significant overlap in the parking areas
desired by each of the individual projects; Lumsden Associates, with
Marsh Witt Associates, has been selected to develop reliable cost
estimates for the Greater Gainsboro project area, including
infrastructure in existing public rights-of-way, surface parking, RNDC
project infrastructure, and a public parking garage; City investments in
the Greater Gainsboro Area Project were not provided for in the
updated Capital Improvement Plan, the latest bond issue or other City
funds, with two exceptions: the first exception is $700,000.00 for the
First Street Pedestrian Bridge, which is included in the CIP, the other
exception is $2.5 million previously committed to the Higher Education
Center from City funds to match the $9.0 million provided by the
Commonwealth of Virginia.
It was advised that at its July 27th meeting, the Task Force
agreed upon the following recommendation and understanding:
To support infrastructure and parking solutions,
including a comprehensive parking study covering
the area from the Catholic Church to Community
Hospital, such improvements to be made in a
manner consistent with the RNDC plan.
The specific needs of RNDC should be resolved separately from
the infrastructure and parking needs common to all three
projects.
It was further advised that the City's current investment concept,
given the recommendation of the Task Force and the limits of available
public resources, for the Greater Gainsboro Area Project includes:
Up to $3 million for public infrastructure;
Up to $700,000.00 toward the First Street Pedestrian
Bridge;
Up to $5 million for a public parking garage of 450 to 500
spaces; and
Identification of a strategy and funding for a future
comprehensive parking study of the downtown area from
the Catholic Church to Community Hospital.
Potential funding sources for these public investments include:
Existing funds in operating and capital budgets;
Community Development Block Grant (CDBG) funds;
Capital Maintenance and Equipment Replacement
Program (CMERP) funds;
Capital Fund interest earnings; and
Issuing general obligation bonds.
It was explained that the City will retain ownership and operation
of any public facilities or improvements constructed with public
resources; the City's assistance represents nearly 25 per cent of the
proposed total investment estimated to comprise the initial Greater
Gainsboro Area Project; that is, the $8.7 million investment under
consideration by the City and the $2.5 million previously committed to
the Higher Education Center represent nearly 25 per cent of the total
estimated investment of the Greater Gainsboro Area Project; and a
separate Council report offers City management's recommendations
regarding RNDC's requests for a Capital equity contribution and space
rental in the Crew Suites building.
The Acting City Manager recommended that Council refer the
matter to the Acting City Manager and to the Director of Finance for
further recommendations to Council concerning specific actions,
including identification of funding sources to carry out:
The City's investment concept of:
Up to $3 million for public infrastructure;
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56
Up to $700,000.00 toward the First Street Pedestrian
Bridge;
Up to $5 million for a public parking garage of 450
to 500 spaces; and
Identification of a strategy and funding for a future
comprehensive parking study of the downtown area
from the Catholic Church to Community Hospital.
The City's property concept of retaining ownership and operation of
any public facilities or improvements constructed with public
resources.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the recommendation of
the City Manager. The motion was seconded by Mr. Swain.
Ms. Sema Kemp, P. O. Box 1935, requested that Council not only
support the Greater Gainsboro project, but that funding levels be
increased. She expressed concern that there has been a primary
emphasis placed on one end of Gainsboro while the other end has been
forgotten. She stated, that she has lived in Roanoke for over 20 years
and during that time very little has been done to improve the Gainsboro
community and stated that it is time to make improvements to the area.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., presented
correspondence pertaining to parking in the Gainsboro area, and
requested that the City Clerk provide each member of Council with a
copy. She stated that in December 1998, she requested that Roanoke
City develop residential parking permits for issuance to citizens
residing in Gainsboro, and in February 1999, her request was denied;
therefore, she asked that Gainsboro residents not be overlooked in
connection with future parking studies of the area, because the
neighborhood will be encroached upon by students and/or tourists for
long periods of time which will interfere with residential parking. She
asked that her request be taken under consideration and pointed out
that other cities have successfully enacted a residential parking permit
system.
The Reverend Kenneth B. Wright, Pastor, First Baptist Church,
310 North Jefferson Street, expressed concern with regard to the City
Manager's report which deviates from the rules of parliamentary
procedure. He advised that members of the Downtown North Task
Force were provided with a status report at the July 12 meeting and a
motion was adopted at the July 23 meeting that embraced the success
of all three projects. He stated that in today's mail, he received a copy
of the report of the City Manager, and it would appear that the Task
Force was not given an opportunity to review of the City Manager's
recommendation before it was submitted to Council, therefor,
according to Roberts Rules of Order the Task Force was not given the
opportunity to file a minority report. He further stated that he is at a
certain disadvantage as a member of First Baptist Church, i.e.: (1) First
Baptist is a church and not a political pawn, (2) First Baptist Church is
concerned about activities in and around the church that would be
complimentary to both church and worship activities; and (3) First
Baptist Church is held accountable to be an advocate of citizens within
the community. He advised that a former Executive Director of the
Roanoke Redevelopment and Housing Authority agreed that land
acquisition should be made possible for First Baptist Church North
Jefferson Street to remain in the community to help stabilize and to
revitalize the neighborhood; the City of Roanoke has enjoyed the
support of First Baptist Church for the Hotel Roanoke project, the Wells
Avenue improvement project, and the Gainsboro Road and Second
Street project; however, he inquired as to when the City will join
Gainsboro in its concerns for equitable treatment of the residential core
of the community.
The Acting City Manager advised that it was his understanding
that the Downtown North Task Force was appointed to serve in an
advisory capacity to the City Manager, the Task Force adopted a motion
which is stated in the report and he recommended that same motion to
Council, with the exception that the parking study would be referred to
the City Manager and the Director of Finance to identify funding and
strategy. He stated that it is standard procedure when the City Manager
submits recommendations to Council to forward a copy of the report to
other interested persons/parties, which is the reason that Reverend
Wright received an advance copy of the report.
Council Members White and Wyatt spoke in support of deferring
action on the report of the Acting City Manager to allow an opportunity
for clarification. They pointed out that there is a perception of
unfairness by some persons in the Gainsboro community. They stated
that Roanoke prides itself on being a participatory government and in
a participatory government, all viewpoints are honored and brought
together, therefor, no good decisions are made in haste.
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Brian J. Wishneff, representing the Roanoke Higher Education
Authority, advised that the Higher Education Center project bids will be
received on September 9, 1999, with a goal of awarding the contract on
September 16, for an 11 month renovation process which is an
aggressive construction schedule. Also, he stated that the Higher
Education Authority is in the process of selling historic tax credits on
the building that is similar to obtaining a loan which means that a
certain number of leases must be finalized, and in order for the leases
to be finalized, prospective lessees must feel comfortable about the
parking solution. He advised that if Council defers action on the Acting
City Manager's report, it could place the Higher Education Center in a
difficult situation.
Mr. James Leonard, 1935 Hope Road, S. W., advised that he
attended the July 27 meeting of the Downtown North Task Force and
the motion approved at that meeting is reflected is the Acting City
Manager's report to Council. He stated that there appears to be a
procedural problem and suggested that the order of the two reports
regarding Downtown North be reversed.
Following further discussion, Mr. White offered a substitute
motion that Council defer action on the report of the Acting City
Manager until the next regular meeting of Council on Tuesday,
September 7, 1999, at 2:00 p.m. The motion was seconded by
Ms. Wyatt and adopted, Council Member Hudson abstained from voting.
HOUSING/AUTHORITY-HIGHER EDUCATION CENTER-
DOWNTOWN NORTH-RNDC-HENRY STREET REVIVAL COMMITTEE:
The Acting City Manager submitted a written report advising that
Roanoke Neighborhood Development Corporation (RNDC) is one of
three major projects comprising the Greater Gainsboro Area Project,
which also includes the Higher Education Center and the Roanoke
Redevelopment and Housing Authority's "Shenandoah Crossing"
Apartments; the City of Roanoke originally entered into an agreement
with RNDC on November 1, 1997, to develop a plan to improve and to
redevelop the Henry Street commercial area and residential housing in
the adjoining neighborhoods; and RNDC's major goals under the terms
of the agreement include the following: obtaining initial and ongoing
technical assistance to increase its capacity to develop and implement
eligible neighborhood revitalization and/or economic development
activities; conducting preliminary analysis and pre-development
activities for parcels of land in the Henry Street area to provide a
linkage to the surrounding Gainsboro neighborhood; determining
parking requirements of existing facilities and proposed developments
in the Henry Street area to help ensure availability of accessible and
safe parking needed to enhance success; analyzing housing
conditions, including those related to market rate housing in such
areas as the Gainsboro neighborhood and Harrison Avenue corridor;
securing conditional funding commitments and/or initiating
construction; and initial Henry Street area developments proposed by
RNDC include the construction of the Crew Suites office building,
construction of the Caboose convenience store, open plaza space in
the project area, and conversion of the First Street Bridge into a
pedestrian bridge.
It was further advised that RNDC has requested the following
from the City of Roanoke:
Provide $600,000.00 as a capital equity contribution
toward construction of the Crew Suites office building;
RNDC indicates that the capital equity contribution is
needed to secure approximately $5 million in private
financing needed for the construction of the office
building.
Lease 30,000 square feet of the 45,000 square feet of office
space to be available in the building, at a cost of $14.00
per square foot.
Construct public infrastructure outside the footprint of the
office building, including curbs, gutters, and sidewalks,
street lighting, streetscaping, and decorative surfacing for
the plaza area, the conversion of the First Street Bridge
into a pedestrian bridge, and parking.
Agree to RNDC's control of parking in the project area,
including the retention of program income from its
operation.
It was noted that RNDC has also requested that the Roanoke
Redevelopment and Housing Authority transfer to RNDC the property
surrounding, adjacent to, and on which the Crew Suites office building
will be constructed; and at its July 27th meeting, the Downtown North
Task Force agreed upon the following recommendation and
understanding:
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The unanimous recommendation of the Task Force was to
support infrastructure and parking solutions, including a
comprehensive parking study covering the area from St.
Andrew's Catholic Church to Community Hospital, such
improvements to be made in a manner consistent with the
RNDC plan.
The specific needs of RNDC should be resolved separately
from the infrastructure and parking needs common to all
three projects constituting the Greater Gainsboro Area
Project.
It was noted that City management has been meeting with RNDC
representatives since the July 27th Task Force meeting to find
solutions for RNDC's specific needs; and as part of these discussions,
the City was advised that RNDC's capital equity contribution needs
have increased to $750,000.00.
The Acting City Manager recommended that the City rent 15,000
square feet of office space, at an initial rate of $14.00 per square foot,
under standard lease provisions and a matching capital equity
contribution not to exceed $375,000.00, and refer the matter back to the
Acting City Manager and the Director of Finance for identification of
funding sources.
(For full text, see report on file in the City Clerk's Office.)
Ms. Wyatt moved that Council concur in the recommendation of
the Acting City Manager. The motion was seconded by Mr. Swain.
Mr. Hudson advised that the report relates to the previous report
of the Acting City Manager which was deferred until the next meeting
of Council on Tuesday, September 7, 1999; therefor, he would be
opposed to voting on the Acting City Manager's report regarding RNDC
before Council takes action on the previous report. He stated that if
Council votes on the RNDC report today, he would have to vote no
because the two reports should be considered together.
Ms. Suzanne Osborne, 1702 Blair Road, S. W., inquired as to
what will be located in the 15,000 square feet that is proposed to be
leased by the City in the Crew Suites Office building. She stated that
it has been reported that the Health Department will occupy the space;
however, she expressed concern because space used by the Health
Department should be designed to meet certain parameters relating to
size of rooms to accommodate medical equipment, door openings, etc.
She expressed added concern over the way public tax dollars are being
spent and inquired as to why the City would pay to rent a facility that it
already owns. She advised that the City does not need a public
relations firm to confirm the fact that there is a water shortage in the
City of Roanoke which is also a waste of taxpayers' money that could
be better used for the Gainsboro/Henry Street project. She stated that
the $11,500.00 per month fee that is paid to the consulting firm of F. A.
Johnson, which represents 80 per cent of the funds thus far expended
on the Henry Street project is appalling, because those funds could
have been used along with additional funds to further the Gainsboro
project, and Council should vote immediately to eliminate the
consulting fee for F. A. Johnson. She referred to a recent newspaper
article which stated that the Mayor and a small delegation from
Roanoke visited Asheville, North Carolina, to inquire about and observe
Mr. Johnson's development efforts in that area and requested
information on the number of persons in the City's delegation and the
costs associated with the trip. She advised that RNDC would like to
involve private investors in the project, there are private investors who
have expressed an interest in participating, and suggested that the use
of private funds be explored.
Ms. Teresa Walker, 4518 Pennsylvania Avenue, N. E., expressed
concern that no questions have been raised regarding the amount of
funds invested in other City projects as compared to private investors.
She stated that there have been numerous inquiries regarding private
investment in the Crew Suites building, but because it has taken such
a long time to obtain a commitment from the City, those private
investors are no longer interested in participating. She added that this
is a large development, new ground is about to be broken in Roanoke,
and there are many persons in the Gainsboro community who have
been hurt by the degrading of the neighborhood.
Charles A. Price, Chairman, Roanoke Neighborhood
Development Corporation, advised that RNDC accepts the City's offer
and accepts the challenge to work toward accomplishing the goals of
the citizen participation group.
Jeff Artis, 2407 Clifton Avenue, N. W., advised that the City of
Roanoke has an opportunity to create goodwill between the City
government and the black community. He further advised that since
1950, the City of Roanoke has engaged in a systematic attempt to
destroy the black economy in Roanoke, particularly in the Gainsboro
area; past actions indicate that the City of Roanoke has made millions
of dollars through the destruction of the black economy, especially the
Gainsboro community; i.e.: the Roanoke Gas Company, Roanoke Coca
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Cola Bottling Company, Roanoke Civic Center, The Hotel Roanoke and
Conference Center, Roanoke Redevelopment and Housing Authority,
various contractors, City officials, developers and Total Action Against
Poverty; and the black community has received nothing but broken
promises. He stated that the City currently has plans for the
development of Henry Street in partnership with RNDC; history
indicates that partnerships of this nature are nothing new to the City,
because the City enters into partnerships with the black community,
exploits the partnership for its own gains, kicks the black community
out of the partnership stating general incompetence within the black
community and concern for spending tax dollars, and the City and its
allies make millions of dollars while the black community receives
nothing. He added that sources advise the Roanoke Chapter of the
Southern Christian Leadership Conference that the City and its allies
have no intention of going through with its partnership with RNDC,
while the projects of Total Action Against Poverty, the Roanoke
Redevelopment and Housing Authority, the Higher Education Center
and future projects of the Hotel Roanoke and Conference Center will
become a reality. He advised that the City of Roanoke can show its
commitment toward a true partnership by fully funding the request of
RNDC for $700,000.00 rather than the recommended $375,000.00.
It was the consensus of Council that the Acting City Manager
would respond to the questions raised by Ms. Osborne.
Following further discussion, Mr. Swain called for the question,
therefore, ending debate.
The motion offered by Ms. Wyatt, seconded by Mr. Swain to
concur in the recommendation of the Acting City Manager was adopted,
Council Member Hudson voting no.
BUDGET-WILLIAMSON ROAD AREA BUSINESS ASSOCIATION-
CONSULTANTS REPORTS: The Acting City Manager submitted a
written report advising that a consulting contract for Williamson Road
corridor improvements was awarded to Whitesell Orrison, Inc., on
October 6, 1998; contracted work consists of preliminary engineering
design services for the entire three mile project corridor, preparation
and submission of a TEA-21 Enhancement Fund application to the
Virginia Department of Transportation (VDOT) for the Williamson Road
Area Businessmen's Association (WRABA) and a virtual reality
projection for the existing conditions over the entire length of the
Williamson Road Corridor from Orange Avenue to the northerly city
limit, which should not be confused with that area south of Orange
Avenue between the railroad and Elm Avenue; and final design,
bidding, and certain construction management duties were to be
negotiated at a later date.
Itwas further advised thatfinal design, bidding, and construction
management duties for Phase I have now been negotiated, as follows:
63
Inventory, Surveying,
Base Map Products
Conceptual Design
Phase
Preliminary Design
Phase
Final Design Phase
Bidding Phase
Construction Phase
Virtual Reality Projection
Phase I
Phase II
TEA-21 Enhancement
Fund Application
Original Contract
Amendment I
New Contract Total
Original Amendment
Contract No. 1
$ 9,000.00
Complete
11,200.00
7,000.00
7,800.00
35,000.00
26,100.00
2,480.00
6,220.00
3,000.00
36,800.00
$ 71,800.00
It was explained that the purpose of the report is to request
approval of Amendment No. 1 to the design cQ. ntract and to provide
funding~ in project Account No. 008-052-9716, Williamson Road
Improvements; funding of $525,000.00 is available from the sale of
Series 1997 Bonds and may be transferred from Account No. 008-052-
9706-9191 to the project account; $50,000.00 has already been provided
from the sale of 1997 bonds, pursuant to Ordinance No. 34027; and
funding will be used as follows:
ACTION:
ACTION:
Amendment No. 1 to the design contract
Contingency
$ 36,800.00
7,200.00
Total $ 44,000.00
The Acting City Manager recommended that he be authorized to
execute Amendment No. 1, in the amount of $36,800.00, to the design
contract with Whitesell Orrison, Inc., for additional engineering and
design services, in a form to be approved by the City Attorney, and that
the Director of Finance be authorized to transfer $44,000.00 as
authorized by Bond Referendum of November, 1997 to project Account
No. 008-052-9716, Williamson Road Improvements.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34430-081699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 148.)
Mr. Trout moved the adoption of Ordinance No. 34430-081699.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
Mr. Trout offered the following resolution:
(#34431-081699) A RESOLUTION authorizing the City Manager's
issuance of Amendment No. 1 to the City's contract with Whitesell
Orrison, Inc., for additional engineering and design services for the
Williamson Road Corridor Improvements.
(For full text of Resolution, see Resolution Book No. 62, page 149.)
Mr. Trout moved the adoption of Resolution No. 34431-081699.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
BUDGET-UTILITIES-CONSULTANTS ~ REPORTS-WATER
RESOURCES: The Acting City Manager submitted a written report
advising that a full services contract with Malcolm Pirnie, Inc., for
design, contract documents and supervision for upgrade and
expansion of the City's Water Pollution Control Plant was executed by
the City of Roanoke, in the amount of $1,996,338.00, pursuant to
Ordinance No. 32210-101094; and the Biological Aerated Filter (BAF)
was an integral part of plant expansion.
It was further advised that Malcolm Pirnie, Inc., submitted a
request for additional services in connection with the cost of changes
to the contract documents for the three bids in the amount of
$58,614.00; the Office of City Engineer negotiated the fee down to
$32,000.00, which was approved by Change Order (Amendment) No. 1,
Ordinance No. 33322-040797, dated April 7, 1997; a portion of the
upgrade and expansion contract was the addition of two new filters to
the present filter building; Malcolm Pirnie, Inc., was asked to quote the
cost of designing remodeled filters complete for bidding; after
negotiation, the design fee was quoted as $126,000.00; and estimated
cost of the contract to rebuild all eight filters is a.s follows:
Filter Modifications
Electrical Modifications
Contingency
Engineering
$2,105,000.00
25,000.00
200,000.00
126,000.00
Estimated Project Cost
$2,456,000.00
The Acting City Manager recommended that Council take the
following actions:
Authorize the Acting City Manager to issue Amendment
No. 2, in the amount of $126,000.00, to the engineering
contract with Malcolm Pirnie, Inc., bringing the total
contract amount to $2,154,338.00; contract amendment is
65
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ACTION:
to be for additional engineering services for the design
and production of contract documents to convert the
present water backwash filters to air/water backwash and
the replacement of control valves.
Transfer funding of $126,000.00 for the additional
professional services from Account No. 003-056-8475 to
Account No. 003-056-8470.
Proportional share to each jurisdiction would be as
follows:
City of Roanoke 37.3%
County of Roanoke 29.2%
City of Salem 20.9%
County of Botetourt 7.0%
Town of Vinton 5.6%
46,998.00
36,792.00
26,334.00
8,820.00
7,066.00
$126,000.00
Amount of contingency remaining is $852,992.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34432-081699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Sewage Treatment Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 150.)
Mr. Trout moved the adoption of Ordinance No. 34432-081699.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
Mr. Trout offered the following resolution:
ACTION:
(#34433-081699) A RESOLUTION authorizing the City Manager's
issuance of Amendment No. 2 to the City's contract with Malcolm
Pirnie, Inc., for additional engineering services for the Upgrade and
Expansion of the City's Water Pollution Control Plant.
(For full text of Resolution, see Resolution Book No. 62, page 151.)
Mr. Trout moved the adoption of Resolution No. 34433-081699.
The motion was seconded by Mr. Swain and adopted by the following
vote:
67
ACTION:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... O.
(Vice-Mayor Harris was absent.)
BUDGET-PUBLIC WORKS-EQUIPMENT: The Acting City Manager
submitted a written report advising that the fiscal year 1998-99 Capital
Maintenance and Equipment Replacement Program has identified the
need to replace two old motor graders, a 1972 unit and a 1975 unit;
whereupon, the Acting City Manager recommended that Council
authorize the purchase of one new articulated frame motor grader from
Mitchell Distributing Company, for the total cost of $125,900.00;
appropriate $125,900.00 from fiscal year 1998-99 CMERP to Fleet
Management, Account No. 017-052-2642-9015; and reject all other bids
received by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34434-081699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General and Fleet Management Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 151.)
Mr. Trout moved the adoption of Ordinance No. 34434-081699.
The motion was seconded by Mr. Swain and adopted by the following
vote:
68
ACTION:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ..................................................................... 0.
(Vice-Mayor Harris was absent.)
Mr. Trout offered the following resolution:
(#34435-081699) A RESOLUTION accepting ~ the bid of Mitchell
Distributing Company, for the purchase of one new articulated frame
motor grader, and rejecting all other bids made for such equipment.
(For full text of Resolution, see Resolution Book No. 62, page t53.)
Mr. Trout moved the adoption of Resolution No. 34435-081699.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
BUDGET-WATER RESOURCES: The Acting City Manager
submitted a written report advising that severe drought conditions exist
in West Virginia, Maryland, New Jersey, Pennsylvania and New York;
state of emergencies have been declared and mandatory water
restrictions have been implemented in Maryland, West Virginia, and
Pennsylvania; rainfall from June, 1998 through June, 1999 was more
than 15 inches below normal; continued lack of rainfall is causing the
water level in Carvins Cove to drop to record lows daily; on June 7,
1999, Council determined that a water supply emergency exists and
approved a Water Conservation Plan; and on July 7, 1999, Carvins Cove
Reservoir level was 24.0 feet below spillway level and mandatory water
restrictions were implemented for the first time in the history of the
city.
It was further advised that the City began purchasing water from
the City of Salem and Roanoke County on June 14, 1999; purchased
water began at a reservoir level of 22.0 feet below spillway and will
continue until the reservoir level rises to 15.0 feet; and the following are
estimated quantities, length of time and costs for purchased water:
ACTION:
City of Salem, June 14, 1999 thru October, 1999 =
78 Days at 1.3 MGD x $1,450.00 MG =
92 Days at 2.0 MGD x $1,450.00 MG =
Total Estimated Cost
139 Days
$ 147,030.00
$ 266,800.00
$ 413,830.00
Roanoke County, 91 Days at 1.0 MGD x
$3,500.00 MG = $ 318,500.00
Vinton, 130 Days at 1.0 MGD x $3,500.00 = $ 455,000.00
Total estimated cost of purchased water = $1,187,330.00
It was explained that alternative water supply sources are being
investigated to determine feasibility of timing and costs, which include
wells, recycled water, new sources, reservoir capacity expansion, etc;
and the current budget cannot absorb the additional costs that are
being incurred due to the water supply emergency.
The Acting City Manager recommended that Council increase the
appropriation by $1,313,830.00 in Water Fund accounts established to
fund and monitor water conservation expenditures, as follows:
002-056-2160-xxxx
1013 - Overtime Wages (MWC)
1014 - Temporary Wages (MWC)
2250 - Fees for Professional Services (MWC)
2251 - Telephone Cellular (MWC)
2252 - Administrative Supplies (MWC)
2253 - Postage (MWC)
2254 - Printing (MWC)
2255 - Purchase Water - Salem (MWC)
2256 - Purchase Water - Roanoke County (MWC)
2257 - Purchase Water - Vinton (MWC)
$ 1 000.00
$ 6 000.00
$ 55 000.00
$ I 500.00
$ 5O 000.00
$ 1 000.00
$ 12 000.00
$ 41383O.O0
$ 318 500.00
$ 455,000.00
$1,313,830.00
MWC = Mandatory Water Conservation
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34436-081699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Water Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 153.)
Mr. Trout moved the adoption of Ordinance No. 34436-081699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
70
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... O.
(Vice-Mayor Harris was absent.)
ANIMALS/INSECTS: The Acting City Manager submitted a written
report advising that the Roanoke Valley SPCA has provided facilities
and animal impounding services for the City under a contractual
agreement since 1979; the SPCA also provides animal pound facilities
and services for Roanoke County, Botetourt County, Craig County and
the Town of Vinton, with the City of Salem providing its own facilities
and impoundment services; in January 1994, Council authorized the
City of Roanoke to enter into a contractual agreement with the Roanoke
Valley SPCA for animal impounding facilities and services, at a cost of
$7.75 (boarding fees) per day per animal, with the right to renew
annually; on March 1, 1999, the boarding fees were increased from
$7.75 per day per animal to $8.75 per day per animal after the initial day
of impoundment; Roanoke County, Botetourt County, Craig County, and
the Town of Vinton are charged the same impoundment boarding fee
as the City of Roanoke; in an effort to recoup operating costs, the
respective owners are charged a fee by the City for each domestic
animal picked up in the City by Animal Control and impounded at the
SPCA facility; March 1, 1999, pickup fees were adjusted to $20.00 for
the first pickup in a 12 month period, $35.00 for the second pickup, and
$50.00 for the third pickup; citizens who retrieve an impounded animal
must pay a fee of $8.75 per day per animal, including the first day of
impoundment; and the Roanoke Valley SPCA notified the City of
Roanoke of its intentions to build a new facility and to terminate its
relationship with the City of Roanoke and other municipalities by
approximately the Spring of the year 2000.
It was further advised that the Roanoke Valley SPCA has
requested a modification to the current SPCA contract to include the
current boarding fee of $8.75 per animal per day after the initial day of
impoundment, plus a $4.00 fee per animal for the initial day of
impoundment for animals picked up by Animal Control or received as
a stray from a citizen of Roanoke City; Roanoke City Animal Control
impounds approximately 2,000 stray animals (dogs and cats) annually
at the Roanoke Valley SPCA that are picked up by Animal Control; an
additional 800 animals (dogs and cats) are brought to the SPCA by
citizens; the current fiscal year 1999-2000 Animal Control budget
provides for $100,000.00 to compensate the SPCA for contractual
animal impoundment services (paid monthly based on the number of
ACTION:
animals impounded); the additional cost to the City for the modified
rate is estimated at approximately $11,200.00 per year, or $9,333.00 for
the ten month period from September 1, 1999, to June 30, 2000; and
other jurisdictions of Roanoke County, Botetourt County, Craig County
and the Town of Vinton will begin paying the additional $4.00 per day
per animal as of the July 1999, billing.
The Acting City Manager recommended that he be authorized to
enter into a new one-year contract beginning September 1, 1999, with
the Roanoke Valley SPCA for boarding fees of $8.75 per animal per day
after the initial day of impoundment, plus a $4.00 fee per animal for the
initial day of impoundment for animals picked up by Animal Control or
received as a stray from a citizen of Roanoke City; establish fees of
$4.00 per animal for the first day impoundment for animals picked up
by Animal Control or animals received as strays from a citizen of the
City of Roanoke; and authorize the Director of Finance to amend the
City's Fee Compendium to include a $4.00 fee for the first day
impoundment per animal.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34437-081699) A RESOLUTION authorizing and providing for an
agreement between the City of Roanoke and the Roanoke Valley
Society for the Prevention of Cruelty to Animals relating to the
operation of an animal shelter by the Society.
(For full text of Resolution, see Resolution Book No. 62, page 155.)
Mr. Trout moved the adoption of Resolution No. 34437-081699.
The motion was seconded by Mr. Swain and adopted by the following
vote:
71
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
POLICE DEPARTMENT-GRANTS: The Acting City Manager
submitted a written report advising that the Omnibus Fiscal Year 1999
Appropriations Act provides funding for implementation of the Local
Law Enforcement Block Grant Program, administered by the Bureau of
72
ACTION:
Justice Assistance (BJA), U. S. Department of Justice; the purpose of
the Local Law Enforcement Block Grant Program is to provide local
governments with funds to underwrite projects to reduce crime and to
improve public safety; the fiscal year 1998 grant administered through
this process has provided funding for police bicycles and police
overtime, with guidance on the location of enhanced patrol provided by
an advisory board of citizens and City officials; an average of 400 hours
of extra bicycle patrol per month has been provided this summer by the
fiscal year 1998 grant program; officers have placed over 300 criminal
and traffic charges since April of 1999; and the Police Department
would like to apply for funds under this block grant to continue the
program of enhanced bicycle patrol and to seek the purchase of a
"mobile precinct station", which is a specialized vehicle to enhance
community policing efforts in neighborhoods.
It was pointed out that the Bureau of Justice Assistance has
advised that the City of Roanoke is eligible to apply to BJA for a direct
award of $138,159.00 under this program; the program award would
require a cash matching fund amount of $t5,351.00 (an amount equal
to one-ninth of the federal award) as part of the total program amount
of $153,510.00; and local match funds are available in the Police
Department's Federal Asset Forfeiture Distributions Investigations and
Rewards Account No. 035-050-3304-2150.
The Acting City Manager recommended that Council apply for
funds from the Local Law Enforcement Block Grant; and that he be
authorized to execute all appropriate documents to obtain funding
through the Local Law Enforcement Block Grant Program administered
by the Bureau of Justice Assistance (BJA).
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#34438-081699) A RESOLUTION authorizing the application for
and, if approved, the acceptance of a certain Law Enforcement Block
Grant from the United States Department of Justice's Bureau of Justice
Assistance and authorizing execution of any required documentation
on behalf of the City.
(For full text of Resolution, see Resolution Book No. 62, page 156.)
Mr. Hudson moved the adoption of Resolution No. 34438-081699.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
GRANTS-WESTERN VIRGINIA FOUNDATION FOR THE ARTS AND
SCIENCES-NEIGHBORHOOD ORGANIZATIONS: The Acting City
Manager submitted a written report advising that the Virginia General
Assembly allocated $500,000.00 in 1999 for the Derelict Structures Fund
for the purpose of helping localities to address vacant, deteriorated
buildings (residential, commercial or industrial); a locality may submit
one application for up to $100,000.00 which may include more than one
project; award of funds will be on a state-wide competitive basis and
require equal matching funds from the owner or the local government;
the City of Roanoke received $100,000.00 from a similar fund
competition in 1997 and assisted in the rehabilitation of One Elm Place,
located at the corner of Elm Avenue and First Street, S. W.; the deadline
for submittal of proposals to the Virginia Department of Housing and
Community Development (DHCD) is August 27; and the proposal must
include a resolution from Council authorizing application for a specific
project(s).
It was further advised thatthe City's Housing Development Office
solicited project ideas from the community in July; and seven projects
were received, as follows:
Western Virginia Foundation for the Arts and Sciences -
$100,000.00 for the rehabilitation of the vacant, former
Shenandoah Hotel for retail and residential development.
Northwest Neighborhood Environmental Organization -
$100,000.00 for the redevelopment of the 900 block of
Centre Avenue to acquire property, demolish three vacant
structures, and construct a new 35 unit assisted care
· facility.
Blue Ridge Housing Development Corporation - $70,000.00
for acquisition of vacant property and the rehabilitation of
a vacant, commercial building at411 11th Street, N. W., for
offices.
73
74
ACTION:
The Pigeon Palace, LLC (Frith, Anderson & Peake) -
$50,000.00 for the rehabilitation of a vacant, commercial
building at 29 Franklin Road, S. W., for offices.
Auslo, LLC (Phillip Bane) - $50,000.00 for the rehabilitation
of a vacant, residential building at 549 Elm Avenue, S. W.,
for offices.
O. Sands and Marilyn A. Woody - $100,000.00 for the
rehabilitation of a vacant, commercial building at 311 -315
Market Street and 24 Church Avenue for retail, office and
residential development.
State & City Investments, LLC (Will Trinkle) - $100,000.00
for the rehabilitation of the State & City Building at 104
Campbell Avenue, S. W., for residential housing.
It was explained that the Western Virginia Foundation for the Arts
and Sciences project (Shenandoah Hotel) was identified as the
strongest proposal for funding in terms of its importance to downtown
and the historic City Market, its documented private and public support,
and its impact on the community; and the project is located at a major
entrance into downtown Roanoke and the City Market, both important
tourist destinations.
The Acting City Manager recommended that he be authorized to
submit an application to the Virginia Department of Housing and
Community Development for the Derelict Structures Fund for
$100,000.00 on behalf of the Western Virginia Foundation for the Arts
and Sciences and that Council adopt a resolution in support of the
application.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following resolution:
(#34439-081699) A RESOLUTION endorsing the Western Virginia
Foundation for the Arts and Sciences project for the rehabilitation of
the structure located at 128-132 Campbell Avenue, S. E., known as the
Shenandoah Hotel.
(For full text of Resolution, see Resolution Book No. 62, page 157.)
Mr. Swain moved the adoption of Resolution No. 34439-081699.
The motion was seconded by Mr. Hudson.
James Lesniak, Community Planner, Northwest Neighborhood
Environmental Organization, (NNEO), advised that NNEO also
submitted a request for funds under the Derelict Structures Fund, and
while rehabilitation of the Shenandoah Hotel is a worthwhile
undertaking, the NNEO has been consistently disappointed that large
sums of Community Development Block Grant funds are earmarked for
projects which appear to be more focused on the downtown area, while
living conditions of Iow income citizens in the City of Roanoke continue
to go down. He stated that NNEO has participated in grass roots efforts
to revitalize the Gilmer neighborhood for approximately 20 years,
during which time 30 homes have either been rehabilitated or
constructed, ten affordable rental units have been developed, ten
additional units are proposed to be developed, 40 vacant lots have been
maintained, and NNEO has participated in beautification projects that
include gateway signs and tree plantings, etc. He explained that
NNEO's request for funding through the Derelict Structures Fund was
for the purpose of providing housing for Iow income senior citizens
through the development of 35 or more units to be targeted for Iow
income seniors, specifically from the area encompassed by NNEO. He
stated that NNEO believes that this is the kind of project that the City
should support; and earlier this year, the organization was denied
CDBG and HOME funds for a similar project, the project site was toured
with the Acting City Manager and other City staff, and representatives
of NNEO were assured that this was the type of project that the City
would support, however, to date, no funding commitment has occurred.
He added that currently NNEO is in the process of developing 20 rental
units for Iow income families, at a total development cost of $2.1
million, the largest portion being development of four new duplexes in
the 1000 block of Loudon Avenue, no local dollars have been
contributed to the project, and below income housing tax credits and
funds from the Home Virginia Housing Partnership will be used. He
stated that if Council is truly committed to making the City a better
place to live, it is time to support the City's most valuable resource, its
citizens, and specifically those citizens who are of Iow income. He
advised that over the past two years, NNEO has generated
approximately $3.5 million in development in the Gilmer neighborhood
which has not only resulted in an increase in property values, but an
increase in tax revenue for the City.
Resolution No. 34439-081699 was adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
75
76
ACTION:
(Vice-Mayor Harris was absent.)
Mr. Swain offered the following resolution:
(#34440-081699) 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 Western Virginia Foundation for the Arts and Sciences
for the rehabilitation of the structure located at 128-132 Campbell
Avenue, S. E., known as the Shenandoah Hotel.
(For full text of Resolution, see Resolution Book No. 62, page 158.)
Mr. Swain moved the adoption of Resolution No. 34440-081699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
BUDGET-FDETC: The Acting City Manager submitted a written
report advising that the Fifth District Employment and Training
Consortium (FDETC) administers the federally funded Job Training
Partnership Act (JTPA) for the Fifth Planning District; the FDETC serves
eligible residents in the counties of Allegheny, Botetourt, Craig and
Roanoke, as well as the cities of Clifton Forge, Covington, Roanoke and
Salem; the FDETC serves two primary client populations: the
economically disadvantaged and dislocated workers; the City of
Roanoke ,s the grant recipient for FDETC funding; and Council must
appropriate the funding for all grants and other monies received by the
FDETC.
It was further advised that the Governor's Employment and
Training Department (GETD) has sent to the Consortium Notices of
Award for programs which include on-the-job training, work
experience, job related education, classroom training, job placement
activities, and remedial education in the following amounts: Title II-A
(Adults ages 22 and over) - $328,711.00 and Title III-F (Dislocated
Workers) - $250,819.00; the Virginia Employment Commission has
notified the Consortium of approval of a request for $340,000.00 to
operate a Governor's Regional Project for fiscal year 2000, which funds
ACTION:
will be used to serve displaced workers; and Council approved 1999-
2000 Community Development Block Grant (CDBG) Contracts for
services, and authorized the following CDBG activities for
administration by the Fifth District Employment and Training
Consortium: Opportunity Knocks - $15,700.00 and Business Training
Initiative - $38,700.00.
The Acting City Manager recommended that Council appropriate
FDETC funding totaling $973,930.00 and increase the revenue estimate
by $973,930.00, in accounts to be established in the Consortium Fund
by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34441-081699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Consortium Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 159.)
Mr. Swain moved the adoption of Ordinance No. 3~.~.~.1-081699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
77
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
BUDGET-GRANTS-JUVENILE CORRECTIONAL FACILITIES-
YOUTH: The Acting City Manager submitted a written report advising
that the City of Roanoke has been advised by the Department of
Criminal Justice Services that Grant No. 00-3256JJ99 for Sanctuary's
Aggression Replacement Training and Education Program has been
approved, in the amount of $74,972.00, for the period July 1, 1999
through June 30, 2000, which is the first year of the five year award;
funds are used to cover the salaries of one-half of the Outreach
Coordinator's position, a Youth Counselor II, wages for a temporary
employee, and related program activities; the program is modeled after
Sanctuary's Anger Replacement Training group that was funded by the
VJCCCA, which had a 94 per cent success rate with violent or
78
ACTION:
aggressive acting out juveniles who are before the court or diverted by
the court for violent crimes; and Juvenile Court Judges expressed a
continued desire for the program when itwas discontinued by VJCCCA.
It was further advised that there is a need for alternatives for
Juvenile Court Judges, and this program contributes to the range of
options available to Juvenile Court Judges; and to enhance public
safety by reducing teen violence by keeping families together and
teaching.alternatives to violence.
The Acting City Manager recommended that he be authorized to
execute the required documents to accept funding from the Department
of Criminal Justice Services, Grant No. 00-A3255JJ99, for the Sanctuary
Outreach Aggression Replacement Training and Education Program,
which will provide for a five year grant cycle with increasing local
responsibility for funding; subject to the availability of JJDP Act Title
II funds, the grant may be continued for up to five years, with a 26 per
cent decrease in funds in the third year, a 60 per cent decrease in funds
for the fourth year, and a 75 per cent decrease in funds for the fifth year
to allow for location institutionalization and full assumption of costs;
authorize the Director of Finance to establish a revenue estimate, in the
amount of $74,792.00, in an account to be established in the Grant
Fund; and appropriate funds, in the amount of $74,972.00, to certain
expenditure accounts.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#3~.~2-081699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 162.)
Mr. Swain moved the adoption of Ordinance No. 34442-081699.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
ACTION:
Mr. Swain offered the following resolution:
(#3~.~.'*.3-081699) A RESOLUTION accepting the Juvenile Justice
and Delinquency Prevention Grant, No. 00-A3256JJ9, from the
Department of Criminal Justice Services (DCJS) for funding of the
Sanctuary's Aggression Replacement Training and Education Program
(ARTEP).
(For full text of Resolution, see Resolution Book No. 62, page 163.)
Mr. Swain moved the adoption of Resolution No. 34443-081699.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
79
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
BUDGET-GRANTS-YOUTH-SCHOOLS: The Acting City Manager
submitted a written report advising that the U. S. Department of
Agriculture (USDA) has solicited applications from municipalities to
participate in the 1999 Virginia Summer Food Service Program; the
purpose of the program is to provide nutritionally balanced, healthy
meals to children, ages 1 through 18, from Iow-income families at
designated sites within the City during the summer months of 1999;
$15,245.00 has been allocated by Council in the 1999-2000 budget to
the Director of Human Development to support the staffing and
administration of the program; the City of Roanoke has operated this
program since 1993; approximately 35,000 meals were consumed
during each summer; and the U. S. Department of Agriculture is
supportive of efforts by the City of Roanoke to continue the program
and has expressed its interest in providing the necessary assistance
to accomplish the program's objectives.
It was further advised that a grant application for the Virginia
Summer Food Service Program has been prepared by the City's Office
on Youth on behalf of the City of Roanoke and approved by the U. S.
Department of Agriculture for funding for the period June 1999 through
August 1999; approximately 800 daily meals (breakfast and lunch) were
proposed for youths at 18 participating sites; it is estimated that
approximately 31,000 meals will be served through the project; the 18
proposed locations reflect both the success of last year's program and
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the broad need for such a program for youth in the City; the Directorate
of Human Development has administered the project in conjunction
with the City's Office on Youth and in collaboration with
departments/agencies such as Parks and Recreation, Roanoke City
Schools, Roanoke Redevelopment and Housing Authority (RRHA), and
Total Action Against Poverty; and cost projections from USDA funding
total $107,324.00.
The Acting City Manager recommended that Council endorse the
grant application, accept the subsequent grant award and authorize the
Acting City Manager, or his designee, to execute all documents
necessary to accept the grant from the U. S. Department of Agriculture,
in an amount not to exceed $107,324.00; appropriate $107,324.00 in
Federal funds and $15,245.00 in local match to accounts to be
established in the Grant Fund by the Director of Finance; and establish
revenue estimates 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:
(#34444-081699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General and Grant Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 164.)
ACTION:
Mr. Hudson moved the adoption of Ordinance No. 34444-081699.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... O.
(Vice-Mayor Harris was absent.)
Mr. Hudson offered the following resolution:
(#34445-081699) A RESOLUTION endorsing the grant application
made on behalf of the City of Roanoke to the United States Department
of Agriculture for the 1999 Summer Food Service Program, accepting
ACTION:
the subsequent grant award, authorizing execution of the necessary
documents in connection with the grant, and authorizing the
negotiation and execution of the appropriate agreements.
(For full text of Resolution, see Resolution Book No. 62, page 166.)
Mr. Hudson moved the adoption of Resolution No. 34445-081699.
The motion was seconded by Mr. Swain and adopted by the following
vote:
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AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
BUDGET-GRANTS-YOUTH: The Acting City Manager submitted
a written report advising that the Office on Youth Grant was first
officially awarded to the City under the Virginia Delinquency Prevention
and Youth Act on June 17, 1980; fiscal year 1999-2000 Office on Youth
grant application was submitted to the Department of Juvenile Justice
in May, 1999; the grant will provide for continuation of coordinated
planning and program implementation of the Office on Youth; the fiscal
year 1999-2000 grant budget totals $76,532.00, with a local cash match
in the amount of $32,128.00 which was included in the fiscal year 1999-
2000 General Fund budget in the Transfer to Grant Fund, Account No.
001-004-9310-9535; and additional funding of $6,293.00 is necessary to
continue program operations.
The Acting City Manager recommended that Council accept the
State Department of Juvenile Justice grant and authorize the Acting
City Manager, or his designee, to execute the grant agreement and
related documents on behalf of the City, in a form to be approved by the
City Attorney; budget funding, in the amount of $76,532.00, in revenue
accounts to be established in the Grant Fund by the Director of
Finance; appropriate funding, in the amount of $76,532.00, to certain
expenditure accounts; and transfer $6,293.00 from Contingency
Account No. 001-002-9410-2199 to Account No. 001-004-9310-9535,to
provide local matching funds.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
ACTION:
ACTION:
(#34446-081699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General and Grant Fund Appropriations, and
providing for an emergency,
(For full text of Ordinance, see Ordinance Book No. 62, page 167.)
Mr. Swain moved the adoption of Ordinance No. 3~.~.~.6-081699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ........................................................................... -6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
Mr. Swain offered the following resolution:
(#3~.~.~.7-081699) A RESOLUTION authorizing acceptance of a
grant from the Virginia Department of Juvenile Justice on behalf of the
City to continue coordinated planning and program implementation of
the Office on Youth, and authorizing execution of any and all necessary
documents to comply with the terms and conditions of the grant and
applicable laws, regulations, and requirements pertaining thereto.
(For full text of Resolution, see Resolution Book No. 62, page 169.)
Mr. Swain moved the adoption of Resolution No. 3~?.~.7-081699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
BUDGET-GRANTS-BLUE RIDGE INDEPENDENT LIVING CENTER:
The Acting 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 adopted resolutions
establishing their participation in a regional effort and have appointed
a local official to serve: City of Roanoke, Town of Vinton, Roanoke
County, City of Salem, City of Covington, Craig County, Botetourt
County, City of Clifton Forge and Allegheny County; other members of
the DSB include representatives from business and consumers; funds
from the State Rehabilitative Services Incentive Fund (RSlF), a short-
term, non-renewable, stimulus fund designed to promote investment in
meeting the needs of individuals with physical and sensory disabilities,
have been allocated to the Fifth District DSB for the fourth consecutive
year by the State Department of Rehabilitative Services; 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 the DSB solicited proposals for the
use of 1999-2000 RSlF funds; and the Department of Rehabilitative
Services and the Disability Services Council approved funding, in the
amount of $45,746.00, for the following:
Blue Ridge Independent Living Center (personal
assistance, prescriptions, home modification, independent
living coordinator, telephone, travel, office supplies, rent).
It was explained that the Blue Ridge Independent Living Center
will provide the required local matching funds ($4,580.00) for this grant,
and no City funds will be required for the match; and funds from the
State Rehabilitative Services Incentive Fund (RSlF), in the amount of
$45,746.00, will be received by the City's Director of Finance as the
Fiscal Agent.
The Acting City Manager recommended that Council accept
funding, in the amount of $45,746.00, from the State Rehabilitative
Services Incentive Fund and budget funding, in the amount of
$45,746.00, in a revenue account to be established in the Grant Fund by
the Director of Finance; and appropriate funds, in the amount of
$45,746.00, to Blue Ridge Independent Living Center.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34448-081699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
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ACTION:
ACTION:
(For full text of Ordinance, see Ordinance Book No. 62, page 169.)
Mr. Swain moved the adoption of Ordinance No. 34448-081699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
COUNCIL-VIRGINIA MUNICIPAL LEAGUE: Mr. Swain offered the
following resolution providing that the regular meeting of City Council
scheduled to be held on Monday, October 18, 1999, shall be
rescheduled to Wednesday, October 20, 1999, due to the Virginia
Municipal League Annual Conference which will be held in
Williamsburg, Virginia, on October 17 - 19, 1999:
(#34449-081699) A RESOLUTION providing that the regular
meeting of City Council scheduled to be held on Monday, October 18,
1999, shall be rescheduled to Wednesday, October 20, 1999.
(For full text of Resolution, see Resolution Book No. 62, page 171.)
Mr. Swain moved the adoption of Resolution No. 34449-081699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
85
CITY MANAGER-COUNCIL: Mr. Hudson moved that Council hold
a Closed Meeting, pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended, to interview candidates for the position of City
Manager. The motion was seconded by Mr. Trout and adopted by the
following vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers .............................................................................. 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
ACTS OF ACKNOWLEDGEMENT-CHURCHES: Inasmuch as
Dr. Charles G. Fuller, Pastor, First Baptist Church, will retire on
October 3, 1999, after 38 years of service, Mayor Bowers requested that
Council Member Trout and the City Clerk recommend a means of
recognizing the service of Dr. Fuller.
REFUSE COLLECTION-PUBLIC WORKS: Council Member Swain
addressed the problem of lifter throughout the City of Roanoke, and
suggested that the support of citizens/business owners be solicited to
pick up trash and cut grass.
CITY ATTORNEY-COUNCIL: Council having previously met in
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, at the 12:15 p.m. meeting, continued until 1:35 p.m., and
further continued until following the 2:00 p.m. Council meeting, the
Mayor advised that due to time limitations, the Closed Meeting would
have to be concluded and scheduled for further discussion at a future
Council meeting.
With respect to the above described Closed Meeting, 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
86
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. Trout and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................. 6.
NAYS: None .................................................................... -0.
(Vice-Mayor Harris was absent.)
At 6:00 p.m., the Mayor declared the meeting in recess.
At 6:17 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance, with the exception of Vice-Mayor Harris.
ACTION:
COUNCIL: With respect to the Closed Meeting just concluded, Mr.
Swain moved that each Member of City Council certify to the best of his
or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Closed Meeting was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... O.
(Vice-Mayor Harris was absent.)
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
OATHS OF OFFICE-COMMITTEES-PENSIONS: The Mayor advised
that there is a vacancy on the Board of Trustees, City of Roanoke
Pension Plan, created by the resignation of E. Douglas Chittum, and
called for nominations to fill the vacancy.
Mr. White placed in nomination the name of D. Elliott Bayer.
ACTION:
ACTION:
There being no further nominations, Mr. Bayer 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. BAYER: Council Members Trout, White, Wyatt, Hudson,
Swain and Mayor Bowers ............................................................. 6.
(Vice-Mayor Harris was absent.)
In as much as Mr. Bayer is not a City resident, Mr. White moved
that the City residency requirement be waived in this instance. The
motion was seconded by Mr. Hudson and adopted.
OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Mayor
advised that there is a vacancy on the Special Events Committee
created by the resignation of Margaret Thompson, and called for
nominations to fill the vacancy.
Mr. Swain placed in nomination the name of Rodney F. Lewis.
There being no further nominations, Mr. Lewis was appointed as
a member of the Special Events Committee, for a term ending June 30,
2000, by the following vote:
FOR MR. LEWIS: Council Members Trout, White, Wyatt, Hudson,
Swain and Mayor Bowers .............................................................. 6.
(Vice-Mayor Harris was absent.)
RADIO/TELEVISION-COUNCIL: For future City Council meetings,
it was the consensus of Council that RVTV Channel 3, coverage of the
regular meetings will be televised through Other Hearings of Citizens.
At 6:25 p.m., the Mayor declared the meeting in recess until 7:00
p.m.
On Monday, August 16, 1999, at 7:00 p.m., the Roanoke City
Council reconvened in regular session in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with the following Council Members in attendance, Mayor
Bowers presiding.
87
88
PRESENT: Council Members James O. Trout, William White, Sr.,
Linda F. Wyatt, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor
David A. Bowers ...................................................................... 6.
ABSENT: Vice-Mayor C. Nelson Harris .................................. 1.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager;
Diane S. Akers, Acting 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
Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
HEARING OF CITIZENS:
COMPLAINTS-NORFOLK SOUTHERN CORPORATION: Mr. David
Lawhorn, 1018 Murray Avenue, S. E., called attention to the practice of
Norfolk Southern Railway of operating trains during the 5:00 p.m. rush
hour which causes traffic congestion at railroad crossings and creates
a traffic hazard. He asked that the City request Norfolk Southern
officials to refrain from blocking railroad crossings between the hours
of 3:00 p.m. to 6:00 p.m., Monday through Friday.
It was the consensus of Council that the remarks of Mr. Lawhorn
would be referred to the Acting City Manager for response.
The Mayor requested that Council be advised of the status of the
Williamson Road Bridge approaching downtown Roanoke, and plans
for the bridge in southeast Roanoke.
PETITIONS AND COMMUNICATIONS:
ARCHITECTURAL REVIEW BOARD: Ms. Peggy Overton, 547
Mountain Avenue, S. W., appeared before Council and appealed a
decision of the Architectural Review Board to grant a Certificate of
Appropriateness to Adam Cohen, representing A & E Partnership, for
construction of a new structure at 541 Allison Avenue, S. W. She
advised that her appeal is based on the fact that the building does not
meet historic guidelines which state that new construction should
include a front porch that is a predominant feature, predominant roof
forms must be compatible with existing buildings in the immediate
vicinity of the new construction, and new constru~:tion must uphold the
traditional character of residential buildings in the historic district. She
explained that if the house is allowed to be constructed, a precedent
will be set for construction of other houses that are out of character
with the remainder of the neighborhood.
Donald C. Harwood, Vice-Chair, Architectural Review Board,
appeared before Council and presented a report of the Board
requesting that Council either affirm the decision of the Architectural
Review Board, or modify the decision to incorporate the recommended
enhancements discussed with the A & E Partnership on August 9, 1999.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harwood advised that because of the construction of a
number of new duplexes and structures that showed no concern for the
scale or rich detail of the older homes that comprise the old southwest
neighborhood, approximately 15 years ago, a movement was initiated
toward establishing a protective umbrella over the district. He stated
that this movement led to the identification of a historic district, then to
the appointment of an Architectural Review Board and to the creation
of the standard architectural design guidelines for H-I and H-2
Districts, and these guidelines encourage a good fit and provide
education regarding the practical approach to incorporating the historic
guidelines. He advised that the Architectural Review Board is made up
of design professionals, historians, and individuals familiar with the
industry, who are charged with the responsibility of identifying,
constructing and reconstructing the architectural fabric of Roanoke's
historic districts, which is a task that the Architectural Review Board
takes seriously and most particularly when issues are presented that
will set precedence for future activities within the historic districts. He
noted that the matter before Council demonstrates how the
Architectural Review Board can work with an applicant to mold what
may have been a less sensitive proposal into a successful solution that
meets the guidelines and the intent of the historic district. He stated
that at the beginning of the process, the developer presented the
Architectural Review Board with a project that was lacking in detail,
scale and sensitivity to the neighborhood and to the guidelines, and
over the ensuing months, members of the Architectural Review Board
met informally on numerous occasions to assist the developer in
upgrading his proposal to the level of a good fit. He explained that
several months ago, atthe formal resubmittal of the revised project, the
developer was turned down by the Architectural Review Board as a
result of continued concerns of the neighborhood, because the Board
did not believe that the project had yet achieved that level of good fit;
89
90
the developer continued to seek the advice of the Architectural Review
Board as to what would constitute a good solution and after
counseling, the developer brought before the Board a proposal that met
the intent of the guidelines. He stated that the concerns of citizens
were heard by the Architectural Review Board and the project involved
a developer who was committed enough to his project to stay with the
cause, along with those involved, to see if the project could evolve into
a positive solution for future development and a positive solution for
the neighborhood and the district. He further stated that the
Architectural Review Board realizes that not everyone will be happy
with the final outcome, however, review boards are appointed to
provide a consistent approach to uphold the values of a historic district
by those determined to be qualified to do so; and the solution in this
situation demonstrates that a developer must pay attention to the
details and to the written word of the guidelines, and the solution also
demonstrates to the community that in all controversial decisions there
is compromise, but by compromise, quality and sensitivity do not have
to be sacrificed. He urged that Council, in upholding the decision of
the Architectural Review Board, recognize the individual qualifications
of each Architectural Review Board member and their commitment to
the decision being challenged this evening.
Mr. Dale Edwards, 435 Woods Avenue, S. W., advised that he has
resided in old southwest for 15 years, long before the Architectural
Review Board and the historic district were established. He stated that
he has engaged in some renovations to his home; however, presently,
he has stopped renovating the outside of the house because of
inconsistencies of the Architectural Review Board and its process. He
further stated that homeowners in old southwest have been held to
these guidelines by the Architectural Review Board, but it appears that
the Board uses these guidelines only when it is to their benefit. He
added that he would like to maintain the character of the residential
houses in the historic district and any new residential construction
should set an example by being compatible with the remainder of the
houses in the district. He noted that hip roofs, height limitations, and
a full front porch are requirements set by the historic guidelines so as
to provide a good fit with other houses in the neighborhood; however,
the house proposed to be constructed by A & E Partnership does not
fit the historic guidelines, nor is it compatible with the rest of the
neighborhood.
Mr. Paul English, 536 Allison Avenue, S. W., advised that he
supports the appeal of Ms. Overton to the decision of the Architectural
Review Board. He further advised that Chapter 36 of the Zoning
Ordinance regarding the H-2 District states that the burden for new
construction in the H-2 District should encourage new construction or
alternatives which are compatible with the existing scale and character
of surrounding properties. He stated that the Architectural Review
Board and the developer have worked to improve the initial design,
certain standards prevail over minimal requirements for the old
southwest area and to rule otherwise would signal the demise of old
southwest. He asked that the City of Roanoke plan for the 21st century
with a vision that celebrates the City's history and integrity which is
embodied in old southwest.
Mr. Lawrence Goldstein, owner of property at 432 Highland
Avenue, S. W., advised that one of his major concerns regarding
development of the property proposed by A & E Partnership is the
height of the building. He stated that none of the architectural
drawings submitted to date show the height of the dwelling and if the
Architectural Review Board has a requirement pertaining to the height
of buildings, it should not accept drawings that do not show the proper
dimensions. He also expressed concern with regard to the roof on the
proposed building, and advised that in order to conform to the area, the
roof should be architecturally interesting in design; all roofs in the area
are hip roofs and multi-dimensional, while the proposed roof is not a
hip roof or a multi-dimensional roof and includes no dormers, the front
door has no glass or transom, the front porch is more of a walkway,
and the proposed design does not enhance the neighborhood. He
advised that when the request of A & E Partnership was approved by
the Architectural Review Board, there was no notice to interested
persons regarding the appeal process, and suggested in the future that
citizens be advised of their right to appeal the decision of the
Architectural Review Board.
Ms. Carolyn Otterman, 601 Allison Avenue, S. W., appeared
before Council in support of the appeal of Ms. Overton. She requested
that Council over turn the decision of the Architectural Review Board,
based on the fact that the proposed construction does not meet the
historic guidelines as set forth in the guidelines for new construction
in the H-2 District. She advised that the decision of the Architectural
Review Board has brought to light more complex issues relating to the
Architectural Review Board and the City Planning Commission. She
further advised that in the 43 years that she has lived in old southwest,
the quality of life for property owners is currently at its lowest, and the
intent of Council to create the H-2 District has gotten out of focus. She
called attention to a meeting initiated by the City which was attended
by a select group of individuals; however, no adjacent property owners
were invited to attend at which time changes in plans for the new
construction were discussed along with any options that Council might
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take on the appeal. She inquired if the proposed plans of A & E
Partnership already met the guidelines approved by the Architectural
Review Board, why was there a need for discussion on changes and
why were adjoining property owners not invited to participate in the
meeting. She requested that Council investigate the Architectural
Review Board relative to the material that was provided to Council prior
to the meeting.
Mr. Bruce Cusic, 509 Allison Avenue, S. W., Officer and Board
Member of Old Southwest, Inc., advised that an informal meeting was
held to discuss the revised plans of the developer, at which time Ms.
Overton agreed to the proposed changes which now meet all zoning
guidelines. He explained that the last positive residential project in old
southwest was over 20 years ago, there are presently 45 empty lots in
old southwest, and the proposed construction will provide another
opportunity to draw people back into the City. He requested that
Council support the project as proposed by A & E Partnership.
Mr. Moncie Smith, 609 Woods Avenue, S. W., advised that the
issue concerning new construction at $41 Allison Avenue, S. W., is an
example of what is believed to be a greater problem. He stated that it is
felt that ~;hat the Architectural Review Board and the City Planning
Commission are trying to do in old southwest, in concept, is good; and
old southwest believes in the idea of an Architectural Review Board
and its guidelines, but something within the concept is notworking. He
explained that there needs to be a new level of understanding
concerning the future of the H-2 District, the guidelines and their effect
on property owners, present and future. He added that the house
proposed to be constructed at 541 Allison Avenue is the latest example
of what some residents believe is wrong and the issue should not have
gone this far without a solution. He stated that the developer is
encouraged to purchase and to construct a house at 541 Allison
Avenue; however, the Architectural Review Board and City Planning
staff have allowed the developer to merely attempt to meet what they
tell property owners is the law regarding their properties. He explained
that the Architectural Review Board, which has promoted a dictatorial
attitude toward property owners, does not encourage persons to move
into the H-2 District; and the Architectural Review Board has gone
beyond the bounds of rezoning and is trying to control, by law, the
guidelines and rights of property owners, and this type of overburden
of power ~ttacks one of the main principles on which government was
founded. He requested that Council over rule the decision of the
Architectural Review Board and deny the request ofA & E Partnership
to construct a house at 541 Allison Avenue, S.*W., and that property
owners be assured of a review of the process involving the
Architectural Review Board and the City Planning Department to insure
that the rights of property owners are protected.
Ms. Freida Mabe, 617 Woods Avenue, S. W., opposed the
proposed construction at 541 Allison Avenue and expressed concern
over the control of the Architectural Review Board over property
owners who wish to make improvements to their property on a limited
income.
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Mr. Gary Johnson, 537 Allison Avenue, S. W., advised that he
purchased his house approximately one year ago and he has invested
a considerable sum of money and labor in renovations. He expressed
concern that any new construction or renovation should be compatible
with the character of the remainder of the historic neighborhood.
Adam J. Cohen, representing A & E Partnership, developer of the
property at 541 Allison Avenue, S. W., advised that when he initiated the
project, the concept was somewhat bland and through multiple
revisions, plans have been developed which meet the guidelines of the
Historic District and were approved on a 5-0 vote of the Architectural
Review Board. He explained that the height of the house was
discussed at length and the approved version of the planning
documents that were submitted to the Architectural Review Board
contained the height dimensions. He stated that concern has been
expressed regarding the design of the roof and called attention to
similar roof design at 528 and 536 Allison Avenue. He presented a
diagram depicting how the proposed house will fit in with the
streetscape of Allison Avenue, and advised that construction costs are
in the range of $140,000.00. He advised that he worked with the
Architectural Review Board to refine the project and to reach a
compromise to cause the development to be more appealing to
property owners in old southwest.
Ms. Joel Richert, 415 Allison Avenue, S. W., advised that new
residential construction in the neighborhood is a positive change, and
the Architectural Review Board is a working board that has tried to
encourag~ proper development in old southwest. She stated that the
Architectural Review Board operates by guidelines that were carefully
produced and intended to serve as a guideline; the intent of the Zoning
Ordinance has been met regarding the proposed construction at 541
Allison Avenue, S. W.; and a house identical to what was previously on
94
the site could not be constructed today because cost alone would be
a prohibitive factor; She requested that Council trust in the judgement
of the Architectural Review Board because the intent of the law has
been met, and asked that Council vote in favor of constructing the
house at 541 Allison Avenue which will serve as an enhancement to the
neighborhood.
Evelyn S. Lander, Secretary, Architectural Review Board, advised
that the Board was initiated as a community driven entity appointed by
Council, and her responsibility with the Board is to coordinate issues
between the Architectural Review Board and citizens, with no power of
voting. She explained that guidelines of the Architectural Review Board
were not developed in a vacuum, but were developed over a two year
period with discussion by many residents and the Old Southwest
neighborhood organization, along with workshops, media releases,
news releases, etc., which provided ample opportunity for input by all
persons involved. She stated a consultant was engaged to insure that
the guidelines were applicable, appropriate and easily understood by
home owners. She explained that the historic district regulations have
changed over time since their initial adoption in 1987, and revisions in
1991-92 were more stringent. She advised that the meeting which was
held on August 9, 1999, was intended to bring people together who had
similar interests in a smaller discussion group to determine if there
were areas of agreement or disagreement, the end result being a
project that old southwest residents would be comfortable with. She
reviewed the proposed dimensions of the building, which will be an L-
shaped house that is typical of other houses in the historic district and
includes a small front porch, however other examples are found in the
historic district.
Mr. Hudson moved that based upon the evidence (testimony and
documents) presented that Council affirm the decision of the
Architectural Review Board under date of July 8, 1999, and authorize
issuance of a Certificate of Appropriateness for the construction of a
structure to be located at 541 Allison Avenue, S. W., on the grounds
that the proposed construction is compatible with the H-2 District and
enhances those special visual and spacial qualities that the H-2 District
was established to protect. The motion was seconded by Ms. Wyatt.
Following further discussion, Mr. Trout called for the question,
thereby ending debate.
The above stated motion was adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Vice-Mayor Harris was absent.)
Ms. Wyatt advised that it appears that part of the frustration of
property owners in old southwest is the feeling that there is a double
standard, one standard for new construction and another standard for
renovating existing property, which breeds frustration, dissention and
animosity in the neighborhood. She requested that the matter be
referred to the Acting City Manager for review of the historic guidelines
in an effort to eliminate the perception that there is a double standard.
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, August 16, 1999, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, on the request of
Foot Levelers, Inc., that a portion of the southern end of Sixth Street,
N. E., (Wenona 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 Thursday, July 29 and Thursday, August 5, 1999,
and in The Roanoke Tribune on Thursday, August 5, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that Foot
Levelers, Inc., is a local enterprise engaged in the manufacture of
orthotic shoe inserts; the applicant desires to expand the existing
manufacturing operations by enlarging and extending the existing
building in a northerly direction for a distance of approximately 127
feet; and the applicant has indicated that this is the first phase of a
three phase expansion plan, was before Council.
The City Planning Commission recommended that Council
approve the request, subject to certain conditions.
(For full text, see report on file in the City Clerk's Office.)
95
ACTION:
James F. Douthat, Attorney, appeared before Council in support
of the request of his client.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34450) 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. 62, page 172.)
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request. There being none,
Ordinance No. 34450 was adopted, on its first reading, by the following
vote:
AYES: Council Members Trout, White, Hudson, Swain and
Mayor Bowers ............................................................................ 5.
NAYS: None ...................................................................... 0.
(Council Member Wyatt was out of the Council Chamber when the vote
was recorded and Vice-Mayor 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, August 16, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. and Mrs.
Donald F. Lopez, that a 0.43 acre tract of land located at 5416 Airport
Road, N. W., identified as Official Tax No. 6640108, be rezoned from RS-
3, Residential Single-Family District, to C-1, Office District, subject to
certain conditions proffered by the petitioners, the matter was before
the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, July 29 and Thursday, August 5, 1999,
and in The Roanoke Tribune on Thursday, August 5, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
ACTION:
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to provide office space for an
insurance business, was before Council.
The City Planning Commission recommended that Council
approve the request for rezoning, advising that the subject property is
adjacent to an industrially zoned property and is located in a mixed
commercial-industrial area; and although there are other residential
structures in the immediate area, the City's Comprehensive Plan targets
the area for future industrial development and the rezoning to C-1
would be consistent with this desired future development goal.
(For full text, see report on file in the City Clerk's Office.)
Charles Osterhoudt, Attorney, appeared before Council in
support of the request of his client.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34451) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 664, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 62, page 174.)
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. 34451 was adopted, on its first reading, by the following
vote:
97
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor 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, August 16, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. Edward C.
Park, III, and Mr. and Mrs. Gustavis G. Lovell, that a tract of land located
98
ACTION:
on the north side of Fugate Road, N. E., being the rear 79 feet of a lot
identified as Official Tax No. 3101007, be rezoned from RM-1,
Residential Multi-Family District, Low Density District, to C-2, General
Commercial District, subject to certain conditions proffered by the
petitioners, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, July 29 and Thursday, August 5, 1999,
and in The Roanoke Tribune on Thursday, August 5, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
property will be used only for one or more of the following purposes:
automobile accessory sales with related installation, automobile
cleaning facility, and/or automobile repair establishment (but not
painting or body shop); and there will be no further subdivision of the
property.
The City Planning Commission recommended that Council
approve the second amended petition to rezone the described portion
of Official Tax No. 3101007, subject to proffered conditions in the
amended petition.
(For full text, see report on file in the City Clerk's Office.)
Daniel F. Layman, Jr., Attorney, appeared before Council in
support of the request of his clients.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34452) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 310, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 62, page 175.)
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request. There being none,
Ordinance No. 34452 was adopted, on its first reading, by the following
vote:
99
AYES: Council Members Trout, White, Wyatt, Hudson, Swain and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris was absent.)
OTHER HEARING OF CITIZENS:
BUDGET-ARCHITECTURAL REVIEW BOARD: Mr. James
Armstrong, 619 Highland Avenue, S. W., addressed those issues that
arise outside of the routine budget process. He advised that the
problem in approving funding requests outside of the normal budget
process is that decisions are made without consideration of other
alternatives and/or priorities, and the fact that large sums of money
were appropriated in the last year outside of the normal budget process
sets a precedent for those kinds of difficult decisions that Council has
been called upon to address in recent times. He stated that Council will
continue to be faced with requests for large sums of money to be
provided outside of the routine budget process, and encouraged
Council to refer those requests to a budget committee for report and
recommendation, thus establishing a mechanism to address future
funding requests.
Mr. Armstrong commended the action of Council in affirming the
decision of the Architectural Review Board regarding the property
located at 541 Allison Avenue, S. W., and for respecting the advice of
Council's appointees to the Architectural Review Board. (See pages
S3 - 60.)
There being no further business, the Mayor declared the meeting adjourned
at 9:00 p.m.
APPROVED
Ad~'ATTEST:
Mary F. Parker
City Clerk
Mayor
lO0
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
September 7, 1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Tuesday,
September 7, 1999, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reaular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979),
as amended.
PRESENT: Council Members William White, Sr., Linda F. Wyatt, Carroll E.
Swain, James O. Trout and Mayor David A. Bowers ........................................... 5.
ABSENT: Vice-Mayor C. Nelson Harris and Council Member W. Alvin Hudson,
J r.---------------------------------------------------------------------------------------------------------2~
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant 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 to be reconvened at
12:25 p.m., in the Social Services Conference Room, Room 306, Municipal Building
North.
At 12:25 p.m., the meeting reconvened in the Social Services Conference
Room, Room 306, Municipal North, with all Members of the Council in attendance,
with the exception of Vice-Mayor Harris and Council Member Hudson, Mayor Bowers
presiding.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; Mary F.
Parker, City Clerk; Willard N. Claytor, Director of Real Estate Valuation; Robert H.
Bird, Municipal Auditor; George C. Snead, Jr., Director of Public Safety; Robert K.
Bengston, Acting Director of Public Works; Glenn D. Radcliffe, Director of Human
Development; and Kit B. Kiser, Director of Utilities and Operations.
OTHERS PRESENT: The Honorable Robert W. Goodlatte, United States
Representative, Sixth Congressional District; Peter S. Larkin, District Director for
Congressman Goodlatte.
COUNCIL-LEGISLATION: The Mayor welcomed Congressman Goodlatte and
Mr. Larkin to the meeting which is held annually to discuss matters of mutual
interest and concern.
101
Following lunch, the business session convened at 12:50 p.m.
Congressman Goodlatte advised that the fourth in a series of meetings was
held in August to address highway safety on 1-81. He called attention to an increase
in traffic and expressed concern with regard to the tragic accidents that have taken
place in recent months. He advised that a volunteer citizen task force was appointed
which is charged with the responsibility of filing with the local governments along
1-81 and the Federal Government their recommendations and their assessment of
recommendations made by citizens and other groups that participated in numerous
meetings throughout the state. He stated that plans are underway to widen 1-81
which will take a number of years to complete and in the meantime, certain things
can be done to make the highway safer, including technological improvements to
provide more information and appropriate signage, especially regarding weather
conditions, and any measures the City of Roanoke would like to include should be
brought to the attention of its state representatives. He referred to efforts to obtain
additional monies to fund a five year Virginia Department of Transportation Highway
Safety Improvements Program which will be implemented in October and will be
known as "Travel Shenandoah" that will include Iow band radio Internet information
and a pager system that enables motorists to be paged while on the highway and
notified of a change in traffic conditions. He stated that the second phase of the
project is "Rockbridge South" which is anticipated to be on line in early 2000.
Congressman Goodlatte advised that he is following with great interest the
planning for locating 1-73 which will impact the City of Roanoke, both positively and
negatively, and encouraged the City to be actively involved in that issue. He stated
that 1-73 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, and for economic development purposes and to provide better
connections to the Piedmont Triad of North Carolina. He added that currently, the
Virginia Department of Transportation (VDOT) is making decisions on proposed
alternatives, all of which have caused opposition in the areas in which they are
proposed; and the Federal Government imposes a number of requirements that
VDOT must follow and if the City of Roanoke is concerned about any of the
procedures, he offered his assistance to work with the City and the Federal Highway
Administration.
Congressman Goodlatte advised that the Federal Aviation Administration has
approved an additional $3.7 million for work on the south end of Runway A at
Roanoke Regional Airport, $900,000.00 is included for Phase I of the general aviation
area and he will continue to work with the Federal Aviation Administration to monitor
funding for the new control tower.
Congressman Goodlatte noted that an additional $200,000.00 was secured for
Valley Metro capital improvements in last years' budget and $500,000.00 was
included for the Roanoke Passenger Rail Station. He added that Roanoke was
102
successful in being designated as the location for the National Emergency Medical
Services Memorial Service which is a fitting location because Roanoke was the site
of the first rescue squad in the country.
Congressman Goodlatte stated that the Blue Ridge Interpretative Center to be
located on the Blue Ridge Parkway in Roanoke County will be beneficial to the entire
valley because it will include a Visitor's Center at Explore Park for the Blue Ridge
Parkway that will cause visitors to be aware of downtown Roanoke and area
attractions, $800,000.00 in Federal funds was appropriated for that purpose, and it
is anticipated that construction will begin in 2000.
Council Member Swain called attention to deteriorating service atthe Veterans
Administration Hospital in Salem. He explained that new medications are prescribed
by doctors; however, the pharmacy does not stock the medicines which means that
patients must purchase the medication through the private sector. He asked that
Congressman Goodlatte provide assistance.
Congressman Goodlatte advised that he has received complaints from a large
number of his constituents. He stated that the problem stems from a number of
areas such as administrative problems, both locally and nationally, that are in need
of attention, and it is hoped that there will be noticeable improvements with new
leadership. He added that funding has also been a problem, although some success
was experienced through the VA/HUD Appropriations Bill and a $2 billion increase
in funds for health care facilities for veterans, which is the first time that a
substantial increase has been included in the budget process. He added that he has
worked with doctors, the Veterans Administration Hospital, veterans organizations,
unions and hospital administration in addressing a number of specific concerns,
and he would investigate Mr. Swain's concern regarding the unavailability of certain
medicines through the VA pharmacy for those persons with a service connected
disability.
Council Member Wyatt advised that the size of school class rooms has been
reduced which has created a lack of space for students and no work space for
teachers. She inquired about not only the lack of available space for classrooms in
the Sixth Congressional District, but the number of school buildings across the
district that are in need of repair, and the number of modular units currently in use
in the Sixth District. She called attention to the need for high school renovations
which will bring classrooms into the 21st century because school buildings are not
compatible with current technology. For the Roanoke Valley alone, she added that
high schools need to be renovated in the amount of approximately $75 million, and
inquired if Congressman Goodlatte is reviewing school facility renovation needs in
the Sixth Congressional District.
103
Congressman Goodlatte advised that he meets with representatives of all
local governments in the Sixth Congressional District, he is aware of the number of
students enrolled in the various school systems, and the City of Roanoke has done
a commendable job in terms of its ongoing renovation program for elementary and
middle schools. He explained that the Federal Government has passed legislation
in making Federal funds for local school systems more flexible, and there are a
number of proposals at the Congressional level for assistance with school
construction/renovation. He advised that funding requests that involve greater
Federal Government involvement for school construction are of great concern to him
as one member of the Congress, because while there are needs all across the Sixth
Congressional District, there are far greater needs in other parts of the country in
major cities, and a system that causes Virginia taxpayers to subsidize expenses in
other parts of the country cause concern because Virginia has been responsible and
managed its tax dollars wisely and should not have to pay for school facilities in
those areas of the United States that have not spent their dollars wisely. He stated
that he would like to identify legislation that will allow local governments to find the
means to raise funds for capital expenditures.
Ms. Wyatt requested that Congressmen Goodlatte determine how many
modular classrooms are currently in use throughout the Sixth Congressional
District, and how many schools are in need of renovation. She stated that schools
in the City of Roanoke have been renovated; however, there are still too many
modular classrooms, and elementary schools that were refurbished in the first round
of renovations are now in need of additional repairs.
Mr. White asked that Congressman Goodlatte explore ways to provide direct
funding to Roanoke City to offset the taxpayers' subsidy to the public transit system.
He inquired about efforts to remove firearms from the possession of those persons
who should not have access to them.
Congressman Goodlatte pointed out that the City has received some Federal
assistance for mass transit, even though funding has declined. He stated that he
sponsored the National Highway Safety Administration Bill which was passed atthe
last session of Congress that provided $200,000.00 for capital, and he will pursue
a proposal for additional funding for cities like Roanoke, Harrisonburg, and
Lynchburg that operate a public transit service. In addition, he noted that the State
received a large increase in Federal funding for transportation purposes, and during
the last session of the Congress, Virginia's share of the Federal Highway Safety
Trust Fund was increased by approximately 65 per cent, which funds are available
for assisting with transit facilities and highways.
In regard to misuse of firearms, Congressman Goodlatte advised that he
supports present efforts and will support new efforts to keep firearms out of the
possession of criminals, unsupervised children and others who have specific
disabilities. He called attention to numerous current laws, and advised that the
104
Commonwealth of Virginia pioneered the concept of a nation wide check system
which has been in effect for approximately eight years, operational for about a year
and will improve as computer systems in the various states improve, although the
system is not utilized to its maximum potential. He explained that large numbers of
persons have been found to have criminal convictions when they attempted to
purchase firearms and were ruled ineligible, but no one has been convicted of the
crime of attempting to purchase a firearm when they were under a felony conviction,
and if several of those convictions were enforced in a high profile way, the number
of persons who try to purchase firearms through the system would be decreased.
He added that another problem is that some states are slow to report or do not
report persons who are convicted of felonies. He stated that he voted for
compromise legislation in the House of Representatives that would have called for
a check system at gun shows, however, the lengthy waiting period set forth in the
Senate version of the bill would have effectively eliminated gun shows as a means
for law abiding persons to have a wide array of vendors from which to purchase
firearms for hunting, personal events, gun collectors, etc. He spoke in support of
having an instant check at gun shows, as opposed to a three to four day waiting
period.
Mr. Swain expressed concern with regard to exposed electrical wires in the
Shaffers Crossing Underpass which could present a safety hazard, and water that
seeps through the concrete could lead to deterioration of the metal. He advised that
a stress test should be performed to assess the situation, and noted that the City
has approached Norfolk Southern Corporation in regard to the concerns; however,
Norfolk Southern states that funds are not included in its budget to address the
matter. Mr. Swain called upon Congressman Goodlatte for assistance.
Congressman Goodlatte advised of his willingness to work with officials of
the City, Norfolk Southern and the Federal Railway Safety Administration to
determine if action should be taken. He stated that he would discuss the matter with
Norfolk Southern officials to determine if they are of the opinion that a safety hazard
exists.
Mr. Trout advised that he serves as a member of the National League of Cities
Community and Economic Development Policy Committee which is concerned about
the proposed reduction of approximately 30 per cent in Community Development
Block Grant finds. He explained that in 1982, the City of Roanoke realized that it was
the only major city in Virginia that owned no land for industrial parks or corporate
centers; therefor, the City immediately developed an economic program to develop
industrial parks and corporate centers and Roanoke's flagship park is its Centre for
Industry and Technology. He stated that Roanoke's Industrial Centre has an
investment of over $200 million and provides over 2,000 jobs and approximately $2
million in taxes to the City. He added that Roanoke's Industrial Development Centre
was developed and graded with CDBG funds. He explained that along with the
Roanoke Centre for Industry and Technology, four other industrial parks are almost
105
complete, and if CDBG funds are cut, the City's economic development program
would be drastically impacted. He called attention to funding for the West End
Center project through CDBG funds, and last year the City appropriated $100,000.00
to the West End Center to purchase additional land. He requested Congressman
Goodlatte's assistance for continued CDBG funding.
Congressman Goodlatte advised that he would review the specifics of CDBG
funding. In the past, he stated that he has supported the CDBG program because
the block grant system provides local governments with the maximum amount of
flexibility, and he has voted against past amendments that would have cut funding.
Mr. Trout offered to provide Congressman Goodlatte with a tour of those
facilities where CDBG funds have been used.
The Acting City Manager encouraged continuation of CDBG funds which are
crucial to the City's development. He expressed appreciation for Congressman
Goodlatte's efforts to address issues of concern to the City and to its citizens. He
asked that Congress continue to question the impact of Federal legislation on local
government, both financially and operationally.
Congressman Goodlatte advised that unfunded mandates are a continuing
concern. He referred to legislation that was passed several years ago which makes
it more difficult to impose new unfunded mandates by allowing any member of
Congress to raise a point of order and to remove a portion of a large bill of
legislation that may constitute an unfunded mandate. He stated that the legislation
is required to be voted on separately which also allows local governments to rally
their opposition. He added that he would like to review existing unfunded mandates
with the ultimate goal of elimination or providing full funding.
The Director of Finance raised a question in regard to a moratorium on
Internet sales tax; whereupon, Congressman Goodlatte advised that legislation was
passed in 1998 that proposes a three year moratorium on new taxes on the Internet
which is primarily directed at access charges. He explained that the existing sales
tax and other forms of taxation that would apply in other areas also apply on the
Internet. He advised that a nationwide commission was appointed, which is chaired
by Governor Gilmore, to make recommendations to Congress next year on collecting
taxes and providing an equitable tax system.
The Mayor requested information with regard to AMTRAK, and advised that
citizens of western Virginia are concerned about travel, the number of airline flights
have increased by 600 per year, highways and airways are becoming more and more
congested and America will be looking for alternative modes of transportation. He
stated that AMTRAK's high speed rail service was proposed to start in December,
but because of incomplete equipment, the date was changed to January, 2000, and
within a year, it is hoped that the response to high speed rail service will be so
106
favorable that more and more parts of America will want to provide the service. He
inquired if Congressman Goodlatte supports AMTRAK and Federal funding for the
Commonwealth of Virginia to provide passenger rail service.
Congressman Goodlatte advised that he would favor reinstatement of
passenger rail service to Virginia, and he has supported efforts to bring rail service
from Richmond to Lynchburg to Roanoke to Abington.
The Mayor requested that the City be provided with copy of any information
that will be presented to Congress.
There being no further business, the Mayor declared the meeting in recess at
1:55 p.m., to be reconvened at 2:00 p.m., in the City Council Chamber, 215 Church
Avenue, S. W., City of Roanoke, Virginia.
At 2:00 p.m., on Tuesday, September 7, 1999, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council
Members in attendance, Mayor Bowers presiding.
PRESENT: Council Members William White, Sr., Linda F. Wyatt, C. Nelson
Harris, Carroll E. Swain, James O. Trout and Mayor David A. Bowers .................. 6.
ABSENT: Council MemberW. Alvin Hudson, Jr.- ....................................... 1.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting 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 Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
WATER RESOURCES-ACTS OF ACKNOWLEDGEMENT: The
Mayor announced that an "Ecumenical Day of Prayer for Rain" will be
held on Sunday, September 19, 1999, at 4:30 p.m., in the vicinity of Lee
Plaza in downtown Roanoke.
TOYS FOR TOTS-COUNCIL: The Mayor announced that the City
of Roanoke/Marine Corp./Naval Reserves "Toys for Tots" softball game
will be held on Friday, September 10, 1999, at 6:30 p.m., at Wasena Park
Field No. 1.
107
PRESENTATIONS:
PROCLAMATIONS: The Mayor presented a proclamation
declaring the month of September 1999 as Native American Month.
(For full text, see Proclamation on file in the City Clerk's Office.)
PROCLAMATIONS: The Mayor presented a proclamation
declaring Saturday, September 18, 1999, as Roanoke's Day of
Kindness.
ACTION:
(For full text, see Proclamation on file in the City Clerk's Office.)
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to four requests for a Closed Meeting to
consult with legal counsel on two matters of probable litigation; to
consult with legal counsel on a specific legal matter requiring the
provision of legal advice by counsel; and personnel matters with regard
to vacancies on various authorities, boards, commissions and
committees appointed by the Council.
MINUTES: Minutes of the regular meetings of Council held on
Monday, June 7, and Monday, June 21, 1999, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. White moved that the reading of the Minutes be dispensed
with and that the Minutes be approved as recorded. The motion was
seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
108
ACTION:
ACTION:
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers 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. White 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. Swain and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
CITY ATTORNEY: 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.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the City
Attorney to convene in 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. Swain and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
ACTION:
ACTION:
109
CITY ATTORNEY: 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.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the City
Attorney to convene in 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. Swain and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
CITY ATTORNEY: A report of the City Attorney requesting that
Council convene in a Closed Meeting to consult with legal counsel on
a specific legal matter requiring the provision of legal advice by such
counsel, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as
amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the City
Attorney to convene in a Closed Meeting to consult with legal counsel
on a specific legal matter requiring the provision of legal advice by
such counsel, pursuant to Section 2.1-344 (A)(7), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Swain and
adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
BUDGET-CAPITAL IMPROVEMENTS PROGRAM-YOUTH CAMPS:
A communication from Mayor David A. Bowers advising that Camp
Virginia Jaycee has been in operation for approximately 30 years
110
ACTION:
ACTION:
offering a much needed camp with the special mission of providing
recreation for the mentally retarded in the Commonwealth of Virginia;
millions of dollars are needed for improvements at the facility; and it is
important for the City of Roanoke to participate in its five year Capital
Improvement Program by making a contribution, was before Council.
The Mayor requested that the matter be referred to 2000-2001
budget study and to the Capital Improvement Program for further
review and consideration by the City administration and the Members
of Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the communication be referred to fiscal
year 2000-2001 budget study and to the Capital Improvement Program
for review and consideration. The motion was seconded by Mr. Swain
and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ...................................................................... 0.
(Council Member Hudson was absent.)
BUDGET: A communication from Council Member William White,
Sr., with regard to a recommendation from Mr. James Armstrong
addressing fiscal issues that arise outside of the routine budget
process, was before Council.
Mr. White requested that the item be removed from the Consent
Agenda for discussion. The motion was seconded by Mr. Swain and
adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... O.
(Council Member Hudson was absent.)
(See page 113).
ACTION:
ACTION:
ACTION:
. ... 111
BRiDGES-PUBLIC WORKS-STREETS AND ALLEYS: A report of
the Acting City Manager with regard to repaying of Jefferson Street
from Elm Avenue to Norfolk Avenue, was before Council.
Mr. White requested that the item be removed from the Consent
Agenda for discussion. The motion was seconded by Mr. Swain and
adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
(See page 115).
PARKS AND RECREATION-PUBLIC WORKS-WEED ABATEMENT
PROGRAM: A report of the Acting City Manager providing information
on improving customer service relative to the City's weed abatement
program, was before Council.
Mr. White requested that the item be removed from the Consent
Agenda for discussion. The motion was seconded by Mr. Swain and
adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
(See page 116).
CITY EMPLOYEES-PENSIONS: A report of the Director of Finance
with regard to the employer matching contribution to ICMA-RC for City
employees, was before Council.
Mr. White requested that the item be removed from the Consent
Agenda for discussion. The motion was seconded by Mr. Swain and
adopted by the following vote:
112
ACTION:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
(See page 117).
DIRECTOR OF FINANCE-CITY EMPLOYEES-PENSIONS: A report
of the Director of Finance with regard to the City of Roanoke Pension
Plan cost-of-living adjustment granted to City retirees, effective July 1,
1999, was before Council.
It was advised that Council, on May 11,1999, approved a two per
cent cost-of-living adjustment (COLA) for eligible members of the City
of Roanoke Pension Plan, pursuant to Ordinance No. 34279-051199; out
of 1,305 retirees, 1,170 received this increase; retirees who retired on
or before July 1, 1998, and qualified spouses were eligible; monthly
increase in pensions for the COLA was $14,795.00, or $177,$40.00
annually; and estimated cost of the increase is $1,700,000.00 based on
current actuarial assumptions.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ...................................................................... 0.
(Council Member Hudson was absent.)
CULTURAL SERVICES COMMITTEE-HUMAN DEVELOPMENT-
ROANOKE ARTS COMMISSION-LIBRARIES-PENSIONS-OATHS OF
OFFICE-COMMITTEES: The following reports of qualification were
before Council:
George A. Kegley and Courtney A. Penn as members of
the Cultural Services Committee for terms ending June 30,
2000;
ACTION:
113
Raleigh Campbell, Katherine M. McCain and Glenn D.
Radcliffe as members of the Human Services Committee
for terms ending June 30, 2000;
Brook £. Dickson and Susan W. Jennings as members of
the Roanoke Arts Commission for terms ending June 30,
2002;
Gloria P. Manns for a term ending June 30, 2002, and
Herbert D. McBride for a term ending June 30, 2001, as
members of the Roanoke Public Library Board; and
D. Elliott Bayer as a member of the Board of Trustees, City
of Roanoke Pension Plan, for a term ending June 30, 2002.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualif'~ation be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
REGULAR AGENDA
BUDGET: A communication from Council Member William White,
Sr., advising that during the August 16 meeting of Council, Mr. James
Armstrong, a citizen of Roanoke City, addressed the subject of fiscal
issues that arise outside of the routine budget processes, in which he
advised that the problem in approving funding requests outside of the
normal annual budget process and the five-year capital projects plan
is that decisions are made without consideration of other alternatives
and/or priorities; and large sums of money appropriated in the last
fiscal year outside the normal budget processes sets a precedent for
those kinds of difficult decisions that Council has been called upon to
address in recent time, was before the body. In his presentation,
Mr. Armstrong pointed out that Council will continue to be faced with
11'4
ACTION:
similar requests for such items to be provided outside of the budget
processes and encouraged Council to refer those requests to the
appropriate budget committee for report and recommendation, thus
establishing a mechanism to address future funding requests.
Council Member White advised that he concurred in
Mr. Armstrong's comments and recommended that the City adhere to
a practice of referring funding requests to the annual operating budget
study or to capital budget study so that funding requests may be
evaluated and prioritized along with all other funding needs.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the recommendation.
The motion was seconded by Mr. Harris.
Mr. Swain spoke against the motion because citizens could
perceive such action to mean that they cannot submit funding requests
until the end of the fiscal year as a part of the budget study process.
He stated that Council Members should be accessible to the citizens so
that they may submit funding requests they deem appropriate at any
time and Council Members should be in a position to address those
requests. He advised that if Council adopts Mr. White's motion, the
initiative of citizens will be curtailed and Council's prerogative to make
decisions on a timely basis will be limited.
Mr. White clarified that his motion does not preclude any citizen
from submitting a funding request at any time during the year; however,
the proposed policy would provide that all funding requests will be
referred to budget study for evaluation and prioritization along with
other requests. He stated that the proposed policy represents a
systematic method of funding and providing fiscal responsibility, but
does not preclude any person from submitting a funding request to
Council.
Mr. Trout spoke against the motion and referred to a report of the
Acting City Manager which is included later on the agenda that
recommends construction of a parking garage inthe~Greater Gainsboro
area. Under Mr. White's motion, he inquired if funding for the parking
garage would have to be referred to budget study and prioritized along
with other funding requests.
Following discussion, the motion was adopted by the following
vote:
115
AYES: Council Members Harris, White, Wyatt and
Mayor Bowers ............................................................................ -4.
NAYS: Council Members Swain and Trout ............................. 2.
(Council Member Hudson was absent.)
BRIDGES-PUBLIC WORKS-STREETS AND ALLEYS: The Acting
City Manager submitted a written report with regard to efforts to repave
Jefferson Street in the downtown area, advising that the annual paving
contract, which Council approved on May 3, 1999, included the
necessary quantities to repave Jefferson Street from Elm Avenue to
Norfolk Avenue in this year's paving program; at this time, it remains
the City's intent to do so during the month of September; over the past
few weeks a telecommunication company, known as Adelphia, had
plans to install conduit in Jefferson Street to accommodate fiber optic
cable, and the City was delaying repaving until the project was
complete; however, Adelphia has now decided not to place conduit in
Jefferson Street, thereby allowing paving work to proceed.
It was further advised that within the next few weeks, American
Electric Power plans to replace the vault where a major fire occurred
earlier this year; every effort is being made to coordinate this work with
the repaving on Jefferson Street; and paving portions of two other
downtown streets, Salem Avenue and Campbell Avenue, is now
projected to occur during the year 2000 in conjunction with placement
of new pavement markings that will change these streets for two-way
travel.
(For full text, see report on file in the City Clerk's Office.)
The Mayor advised that he has received numerous comments by
citizens regarding the condition of Jefferson Street from Elm Avenue
to Norfolk Avenue, which led to a request for a status report by the
Acting City Manager on the proposed repaving of Jefferson Street.
Robert K. Bengtson, Acting Director of Public Works, advised
that the condition of Jefferson Street from approximately Elm Avenue
to Norfolk Avenue has deteriorated in recent years and more
particularly in the past year due to the number of utility cuts for
telecommunications lines that have been placed in the pavement of
Jefferson Street. He stated that Jefferson Street is included in the
street paving program for 1999 and will be paved over the next three
Sundays.
There was discussion in regard to addressing ways of preventing
utility providers from tearing up the pavement once it has been
repaved; whereupon, Ms. Wyatt requested that the City Attorney
research the question of amending the City Code to require restoration
of City streets to their original form by utility providers who tear up the
pavement.
Without objection by Council, the Mayor advised that the report
would be received and filed.
PARKS AND RECREATION-PUBLIC WORKS-WEED ABATEMENT
PROGRAM: The Acting City Manager submitted a written report
advising that during the June 7, 1999 Council meeting, Members of
Council requested information on the weed abatement program relating
to improving customer service; recently several customer service
improvements have been made to the weed abatement program; an
effort to enhance customer service began with a June 1, 1999, meeting
involving weed program staff and staff from the Office of Management
and Budget and the Citizen Service Center; and at that meeting, it was
decided that the following actions would be taken:
Provide an additional $25,000.00 in funding for the weed
abatement contractor funding to allow an additional 125
parcels to be mowed.
Provide an additional $2,000.00 in overtime funding to be
used by the City weed abatement crew to add working
days and manpower as a supplement to current crew
formation and work schedule.
Employ a data entry clerk/typist to assist in answering of
the telephone, and in the regular maintenance of customer
service requests through the Respond! software system,
which will ensure that a timely and accurate record of
each request is tracked and completed; and a seasonal
clerk/typist has been hired to perform these functions.
Employ a seasonal weed inspector to eliminate the
backlog of uninspected requests, to perform timely
inspections of the properties, and to pro-actively canvas
City neighborhoods for weed and trash violations.
ACTION:
117
Consider enactment of revisions to the current weed
ordinance that will further reduce the amount of time
required to address citizen concerns about weed
problems.
It was further advised that the City has successfully completed
all lots that are eligible to be cut each week since implementation of the
above improvements; the average response time to weed complaints
has dropped significantly from an average of 38 days to 22.4 days
during the month of July; performance goal for the program is to have
lots cut within 21 days of a citizen's call on 90 per cent of all
complaints; ongoing action as part of this effort include finding ways
to merge Respond!, CARAT, and the Weed System software information
to avoid duplication of requests and to streamline office functions; and
the City is committed to providing strict enforcement of the weed
abatement ordinance, which is an ordinance that was enacted to
protect the quality of life of Roanoke's citizens.
(For full text, see report on file in the City Clerk's Office.)
George C. Snead, Jr., Director, Public Safety, presented an oral
briefing on the report.
Without objection by Council, the Mayor advised that the report
would be received and filed.
BUDGET-CITY EMPLOYEES-PENSIONS: The Director of Finance
submitted a written report advising that on May 11, 1999, Council
authorized an increase from $10.00 to $15.00 per pay period employer
match to the ICMA-RC on behalf of any non-temporary employee of the
City who makes a contribution of an equal amount on their own behalf;
whereupon, he transmitted statistics showing participation in the
deferred compensation plan by salary range before and after the
increase of an additional $5.00 per pay period employer matching
contribution.
(For full text, see report on file in the City Clerk's Office.)
Council Member Swain requested information on the annual cost
of providing a $15.00 contribution per pay period employer match to
ICMA-RC on behalf of any non-temporary employee of the City who
makes a contribution of an equal amount on their own behalf. He also
requested that the matter be referred to fiscal year 2000-01 budget
study for consideration in regard to placing a cap on the amount of
contribution to be funded by the City.
118
The Mayor advised that it was the consensus of Council that the
report of the Director of Finance would be received and filed, that the
Director of Finance be requested to respond to the above request for
information by Council Member Swain; and that the matter be referred
to 2000-01 budget study.
CITY MANAGER-COUNCIL: Mr. Trout moved that Council
convene in a Closed Meeting to interview candidates for the position of
City Manager, pursuant to Section 2.1-344 (A)(7), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Swain and
adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
HEARING OF CITIZENS UPON PUBLIC MATTERS:
VIRGINIA AMATEUR SPORTS, INC./COMMONWEALTH GAMES:
Peter R. Lampman, President, Virginia Amateur Sports, addressed
Council in regard to the 1999 Commonwealth Games of Virginia. He
advised that over 10,000 athletes participated in 43 sports, providing a
total economic impact on the Roanoke Valley of $8,300,000.00. He
presented the Mayor with a plaque in appreciation for contributions by
the City of Roanoke.
Without objection by Council, the Mayor advised thatthe remarks
of Mr. Lampman would be received and filed.
PETITIONS AND COMMUNICATIONS:
POLICE DEPARTMENT-BUDGET-COMMONWEALTH'S
ATTORNEY-GRANTS: A communication from the Honorable Donald S.
Caldwell, Commonwealth's Attorney, recommending acceptance of the
Department of Criminal Justice Services Grant for the Victim Witness
Assistance Program, in the amount of $86,057.00, was before Council.
It was advised that the Victim/Witness Program is designed to
recognize and to address the needs of victims and witnesses in the
Roanoke City Criminal Justice System and to continue the commitment
for citizen support; a Roanoke City Victim/Witness/Juror Assistance
Committee (RCVWJ) was appointed in the fall of 1983, composed of
ACTION:
119
Judges and Clerks of Circuit Court, General District and Juvenile
Courts, Commonwealth's Attorney, City Sheriff, Chief Magistrate, Chief
of Police, Director of Administration and Public Safety, and Roanoke
Bar Association; the Victim/Witness Assistance Program has been
awarded a 12 month $86,057.00 grant (No. 00-F8554VW99) for July 1999
through June 2000; a local cash match of $25,671.00 is requested for
a total grant budget of$111,728.00; the local cash match is equal to that
of fiscal year 1998-99, and is included in the General Fund fiscal year
1999-2000 adopted budget in the Transfer to Grant Fund Account; and
the Victim/Witness Program is coordinated by the Office of the
Commonwealth's Attorney.
The Commonwealth's Attorney recommended that Council
authorize acceptance of, and participation in the Department of
Criminal Justice Services Grant No. 00-F8554VW99 for the
Victim/Witness Program, in the amount of $86,057.00, with the City
providing a local cash match of $25,671.00 from funds provided in the
Transfer to Grant Fund Account in the fiscal year 1999-2000 budget;
authorize the Acting City Manager to execute all appropriate documents
to obtain Grant No. 00-F8554VW99 and budget funding in the amount
of $111,778.00 in revenue accounts to be established in the Grant Fund
by the Director of Finance; transfer funding in the amount of $25,671.00
from Account No. 001-004-9310-9535 (General Fund - Transfer to Grant
Fund) to the Grant Fund as the City's local cash match for the
Victim/Witness Assistance Program; and appropriate funding in the
amount of $111,728.00 to certain expenditure accounts.
A report of the Acting City Manager recommending that Council
concur in the request, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34454-090799) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 177.)
Mr. Trout moved the adoption of Ordinance No. 34454-090799.
The motion was seconded by Mr. Harris and adopted by the following
vote:
120
ACTION:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor B(~wers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
Mr. Trout offered the following resolution:
(#34455-090799) A RESOLUTION authorizing the acceptance of
Grant No. 00-F8554VW99 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. 62, page 179.)
Mr. Trout moved the adoption of Resolution No. 34455-090799.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
WATER RESOURCES: The Acting City Manager submitted a
written report advising that the Water Conservation Plan approved by
Council oil June 7, 1999, will, as enacted, with civil penalties and water
surcharges to be imposed should the level in Carvins Cove Reservoir
reach a level of 30 feet below spillway overflow and lower; a new City
utility billing system is being implemented so as to be Year 2000
compliant and to be more responsive to the needs of citizens; the new
system is expected to go on line in mid September; the level of Carvins
121
Cove Reservoir is expected to reach 30 feet below spillway overflow at
the current rate of withdrawal on or before mid-September; and the
tentative agreement with Roanoke County and the need to purchase
water from the County, the City of Salem, and the Town of Vinton will
require the imposition of a City water rate increase to offset added
expenses and lost revenue.
It was further advised that the Water Conservation Plan requires
even stronger mandatory water conservation measures should the
water level reach 30 feet below spillway overflow or lower; water
surcharge rates proposed in the Water Conservation Plan should be
rescinded since a different rate structure will be recommended to offset
the lost revenue and added expenses associated with various
interconnections with other jurisdictions; civil penalties for
inappropriate use of water should still be imposed, as previously
approved, should the level in Carvins Cove Reservoir reach 30 feet
below spillway overflow and lower; different restrictions are
implemented under the Water Conservation Plan as the water level at
Carvins Cove Reservoir reaches a certain level below the spillway
overflow, referred to as conditions in the Plan; it is important that once
a particular condition is reached, such condition and associated
restrictions are maintained until the water level rises and stabilizes at
a sufficient level above that condition to move up to the prior condition;
and it should be confirmed that the City Manager, as part of his
authority to implement, administer, and enforce the Plan, can decide
when the restrictions associated with a particular condition should be
changed.
The Acting City Manager recommended that Council amend the
June 7, 1999, Water Conservation Plan to rescind the imposition of the
water surcharge rates that would take effect when the water level
reaches 30 feet below Carvins Cove Reservoir spillway overflow and
lower; and confirm that once a particular condition is reached, the City
Manager may maintain the restrictions and provisions of that condition
until the water level at Carvins Cove Reservoir has improved and
stabilized to a sufficient level above that particular condition, as
determined by the City Manager, before that particular condition will be
determined to no longer be applicable and be lifted.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
122
ACTION:
(#34456-090799) AN ORDINANCE amending the Water
Conservation Plan dated May 17, 1999, (Plan) adopted by this Council
on June 7, 1999, by rescinding the provisions for imposing water
surcharges contained in the Plan; confirming that the City Manager has
the authority to maintain the restrictions and provisions of a particular
condition under the Plan until the water level at Carvins Cove Reservoir
has improved and stabilized to a sufficient level above that particular
condition before lifting the restrictions and provisions of that condition;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 180.)
Mr. Trout moved the adoption of Ordinance No. 34456-090799.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
BUDGET-HOUSING/AUTHORITY-HIGHER EDUCATION CENTER:
The Acting City Manager submitted a written report advising that in July
1997, Council supported the establishment of a Higher Education Fund
with a pledge of $2.5 million from City funds to establish a Higher
Education Center in downtown Roanoke; in December 1997, the Norfolk
Southern Corporation donated its former headquarters building to the
Roanoke Foundation for Downtown, Inc., to house the Roanoke Higher
Education Center; in February 1998, the Virginia General Assembly
provided $5,379,000.00 to renovate the building for the Higher
Education Center; in May 1998, Council included $250,000.00 in the
fiscal year 1998-99 General Fund Budget to provide funding to be used
as dedicated debt service in support of the issuance of $2.5 million in
general obligation bonds by the City; in July 1998, the Roanoke Higher
Education Authority became effective and employed an architectural
firm to prepare design and construction plans for the Center; and in
January 1999, Governor Gilmore included an additional $3.6 million in
the State budget to be used to renovate the Center, bringing total state
funding for the Center to $8,979,000.00.
It was further advised that the Roanoke Redevelopment and
Housing Authority is to receive the proceeds of bonds sold by the City
and to grant the proceeds to the Roanoke Higher Education Authority,
123
pursuant to Section 36-49.7 of the State Code for improvement of the
Roanoke Higher Education Center on lands situated within the
boundaries of a redevelopment project area; on May 3, 1999, Council
authorized the City Clerk to advertise a public hearing to receive public
input on the issuance of $2.5 million in bonds under the Public Finance
Act of the Code of Virginia; and Council authorized the issuance of $2.5
million in general obligation bonds by the City and the granting of the
proceeds to the Roanoke Redevelopment and Housing Authority for the
purpose of fulfilling the commitment of Council to make such
contribution to be used to renovate and to improve the Higher
Education Center.
ACTION:
The Acting City Manager recommended that he be authorized to
enter into an Agreement with the Roanoke Redevelopment and Housing
Authority and the Roanoke Higher Education Authority to memorialize
the terms and conditions by which funds, in the amount of $2.5 million,
will be provided by the City to the Roanoke Redevelopment and
Housing Authority to carry out its purpose related to the capital
improvements of the Roanoke Higher Education Center, and,
appropriate $2.5 million from future general obligation bond proceeds
to Capital Account No. 020-002-8721-9060.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34457-090799) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund and Higher Education
Authority Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 182.)
Mr. Trout moved the adoption of Ordinance No. 34457-090799.
The motion was seconded by Mr. Swain.
John S. Edwards, Chairman, Board of Trustees, Roanoke Higher
Education Authority, expressed appreciation for the City's support of
the Higher Education Center, and advised that the City's commitment
of $2.5 million to renovate the building is essential for its success and
will be added to the $9 million from the Commonwealth of Virginia,
along with an anticipated $6 million in the form of historic tax credits.
He also expressed appreciation for the City's commitment of $8 million
124
ACTION:
for parking and infrastructure improvements in and around the area,
which are essential to proceed with plans for the Higher Education
Center and other important projects presently under consideration in
the downtown north area.
Ordinance No. 34457-090799 was adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
Mr. Trout offered the following emergency ordinance:
(#34458-090799) AN ORDINANCE authorizing an agreement with
the Roanoke Higher Education Authority and the Roanoke
Redevelopment and Housing Authority to provide for certain funds to
be granted by the City for renovation and improvement of the former
Norfolk and Western Headquarters Building North for the purpose of
establishing the Roanoke Higher Education Center; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 183.)
Mr. Trout moved the adoption of Ordinance No. 34458-090799.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
HOUSING/AUTHORITY-COMMUNITY PLANNING: The Acting City
Manager submitted a written report advising that the City of Roanoke
receives entitlement funds each year under the Community
Development Block Grant (CDBG) and HOME Investment Partnerships
125
(HOME) programs of the U. So Department of Housing and Urban
Development (HUD); and for nearly a decade, Blue Ridge Housing
Development Corporation (BRHDC) has received HUD and other
funding to conduct housing and community development projects in
the City of Roanoke.
It was further advised that Council authorized $115,000.00 in
CDBG and HOME funds for BRHDC as part of the Consolidated Plan
Annual Update (Annual Update) approved for submission to HUD on
May 11, 1998, pursuant to Resolution No. 33830-051198; these funds
were to assist BRHDC's "Loudon-Melrose Community Rebuilding" and
"SRO Repair" projects involving construction of two new houses,
rehabilitation of three owner-occupied houses and limited, critical
repairs to three single-room-occupancy (SRO) facilities; Council
approved an additional $60,000.00 in CDBG funding for BRHDC as part
of Resolution No. 34066-110298 and Ordinance No. 34065-110298,
which authorized execution of the 1998-99 agreement with BRHDC to
implement the above-referenced projects; the additional funding
enabled BRHDC to purchase properties for transfer to Habitat for
Humanity in the Roanoke Valley, Inc; Habitat will use these properties
to construct affordable housing in various areas of the City, which
approach was taken to provide an alternative to Habitat's earlier intent
to construct 34 houses in the "Westview TerraceY area; and the BRHDC
agreement specifies that funds will be added in subsequent years until
a total of 32 properties have been purchased and transferred to Habitat.
Itwas explained that BRHDC purchased and transferred the first
eight properties to Habitat during the 1998-99 period, as provided for
under the agreement; and Council authorized $66,500.00 in CDBG and
HOME funding for BRHDC as part of the Consolidated Plan Annual
Update approved for submission to HUD on May 11, 1999, pursuant to
Resolution No. 34281-051199.
The Acting City Manager recommended that he be authorized to
execute Amendment No. 1 to the 1998-99 Blue Ridge Housing
Development Corporation Subgrant Agreement, to be approved as to
form by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
126
ACTION:
(#34459-090799) A RESOLUTION authorizing execution of
Amendment No. 1 to a Subgrant Agreement between the City and the
Blue Ridge Housing Development Corporation, dated November 2,
1998, for funding to conduct additional housing and community
development projects in the City.
(For full text of Resolution, see Resolution Book No. 62, page 184.)
Mr. Trout moved the adoption of Resolution No. 34459-090799.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
The Mayor requested that the Director of Real Estate Valuation
provide information on the number of lots and the amount of acreage
owned by the City, or under escheat, that could be conveyed to non-
profit organizations (Habitat for Humanity, Blue Ridge Housing
Development Corporation, Christmas in April, etc.) for construction of
housing in the City of Roanoke.
BUDGET-PARKS AND RECREATION-CITY SHERIFF-JUVENILE
CORRECTIONAL FACILITIES: The Acting City Manager submitted a
written report advising that Council appropriated funding, in the
amount of $8,534,799.00, for the City Jail with adoption of the fiscal
year 1998-99 General Fund Budget; the City of Roanoke receives
revenue from the United States Department of Agriculture (USDA) for
food service expenditures at the Juvenile Detention Home, Youth
Haven, and Crisis Intervention Center; Council appropriated $53,700.00
from the Capital Maintenance and Equipment Replacement Program
(CMERP) in fiscal year 1997-98 for improvements at Mill Mountain Zoo
for construction costs associated with animal exhibits and to provide
for perimeter fencing that would expand the zoo area; and a portion of
the funds remained unobligated at the close of fiscal year 1998-99.
It was further advised that funding, in the amount of $6,500.00,
for the City Jail was unobligated at the close of fiscal year 1998-99; the
unobligated funds need to be reappropriated for the purchase of bullet
proof vests for the protection of deputy sheriffs who perform judicial
document services and transport inmates; funding was not obligated
ACTION:
127
at the close of fiscal year 1998-99 because the Sheriff's Office needed
approval for matching funds from the Bullet Proof Vest Program
administered by the U. S. Department of Justice; USDA revenue
exceeded USDA expenditures, in the amount of $882.00, for the
Juvenile Detention Center for fiscal year 1998-99 and $936.00 for the
Crisis Intervention Center; USDA revenue must be used for eligible
USDA expenditures; unused funding needs to be reappropriated to
fiscal year 1999-2000; funding in the amount of $16,081.00 for Mill
Mountain Zoo was unobligated at the close of fiscal year 1998-99; and
unobligated funds need to be reappropriated to fiscal year 1999-2000
to provide funding for costs associated with the construction of animal
exhibit pens at the Mill Mountain Zoo.
The Acting City Manager recommended that Council appropriate
funds in the amount of $24,399.00, from the year-end fund balance
(CMERP) to the following accounts:
001-024-3310-2035
001-054-3320-3000
001-054-3360-3000
001-002-7220-3701
Expendable Equipment
USDA - Juvenile Detention
USDA - Crisis Intervention
Mill Mountain Zoo
Total
$ 6,500.00
882.00
936.00
16,081.00
$24,399.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34460-090799) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General Fund Apl~ropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 185.)
Mr. Trout moved the adoption of Ordinance No. 34460-090799.
The motion was seconded by Mr. Swain and adbpted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
128
BUDGET-FLOOD REDUCTION/CONTROL: The Acting City
Manager submitted a written report advising that a $7.5 million bond
referendum was passed in 1989 to provide partial funding for the
Roanoke River Flood Reduction project, and a utility tax was
established to pay the debt service for the bond; a Local Cooperation
Agreement (LCA) was executed with the U. S. Army Corps of Engineers
on June 25, 1990, to construct the project; a commitment to fund under
the LCA was a five per cent local cash match for the project and
construction costs, 100 per cent for lands and easements, 100 per cent
for relocation costs, and 50 per cent for the recreation trail; and
$808,000.00 was included in Transfers to Capital Projects Fund as part
of the approved General Fund budget for fiscal year 2000 in support of
the project.
The Acting City Manager recommended that Council transfer
$808,000.00 from General Fund Account No. 001-004-9310-9508 to the
Capital Projects Fund, and appropriate the same in Capital Projects
Fund Account No. 008-056-9620-9003, Roanoke River Flood Reduction.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34461-090799) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 186.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34461-090799.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... O.
(Council Member Hudson was absent.)
The Mayor questioned whether the City is monitoring usage of
the Roanoke River; whereupon, the matter was referred to the Acting
City Manager for appropriate response.
129
BUDGET-MAPS-CITY MAPPING PROGRAM-PUBLIC WORKS: The
Acting City Manager submitted a written report advising that Council
authorized execution of an agreement with the U. S. Army Corps of
Engineers at its meeting on June 12, 1995; the agreement provided for
preparation of topographic and orthophoto maps of the City under the
Planning Assistance to States Program; Council authorized agreement
for the second phase of the project at its meeting on April 21, 1997; the
Planning Assistance to States Program provides for Federal matching
funds to help localities support mapping and flood planning activities;
and the City provided a total of $200,000.00 in funding in fiscal year
1995-96 and fiscal year 1998-99 to support the project which amount
has been matched with Federal funding.
It was further advised that the Corps of Engineers' consultant
has identified technical problems that may affect the accuracy of maps
produced by the project; additional work is needed to fully identify the
source of map errors and to develop appropriate solutions; an
amendment to the agreement between the Corps of Engineers and the
City is needed to authorize additional work; the cost of additional work
is to be shared between the City of Roanoke, Roanoke County and the
Corps of Engineers; the Corps of Engineers will assume 50 per cent of
the cost, with the remaining 50 per cent shared equally by the City of
Roanoke and Roanoke County; and maximum City financial liability
under the proposed agreement amendment is $25,000.00.
The Acting City Manager recommended that Council appropriate
$6,250.00 from Water Fund prior year retained earnings to Account No.
002-056-2178-9041, Corps of Engineers Mapping Project, $6,250.00 from
Sewer Fund prior year retained earnings to Account No. 003-056-3715-
9041, Corps of Engineers Mapping Project, and appropriate $12,500.00
from. fiscal year 1998-99 Capital Maintenance and Equipment
Replacement Fund to Account No. 008-056-9654-9003, Corps of
Engineers' Mapping Project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34462-090799) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General Fund, Water Fund, Sewage
Treatment Fund and Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 187.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34462-090799.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
PURCHASE/SALE OF PROPERTY-CITY EMPLOYEES-
JEFFERSON CENTER: The Acting City Manager submitted a written
report advising that in September 1994, a plan was developed to
address the Jefferson Center parking needs and Employee Parking
recommendations; in December 1994, Council approved transfer of
funds to allow acquisition of property; and 11 parcels of land were
acquired; three parcels, located in the 400 block of Luck Avenue, S. W.,
Official Tax Nos. 1012408, 1012407 and a portion of 1012406, were
identified as possible sites for acquisition to implement Phase I
(property acquisition) of the Parking Project; and the owner has
resubdivided the property to more accurately reflect the area that the
City will acquire, which is shown as "Tract B" containing 20,715 square
feet, more or less.
It was further advised that pursuant to Ordinance No. 34324-
060799, Council authorized acquisition of the property; the Council
report and Ordinance that was adopted authorized the purchase of
Official Tax No. 1012408 (5,411.5 square feet), Official Tax No. 1012407
(5,448.5 square feet), and a 22,800 square foot portion of Official Tax
No. 1012406, was incorrect and should have identified the aggregate
amount of land to be purchased as 22,800 square feet, more or less;
and a survey of the property in connection with preparation of the
resubdivision plat revealed that the entire property to be acquired by
the City contains only 20,715 square feet, more or less, plus an access
easement area of 2,993 square feet, more or less, which is needed to
provide access to "Tract B".
The Acting City Manager recommended that Council authorize
acquisition of the property in the 400 block of Luck Avenue, S. W.,
Official Tax Nos. 1012408, 1012407, and a portion-of 1012406, shown as
"Tract B" on the resubdivision plat containing 20,715 square feet, more
or less, plus an access easement of approximately 2,993 square feet,
more or less, by negotiation or eminent domain, for the amount of
$140,000.00.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
131
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34463) AN ORDINANCE providing for the acquisition for the
Employee/Jefferson Center Parking Project of property located in the
400 block of Luck Avenue, S. W., and identified by Roanoke City Tax
Map Nos. 1012408, 1012407, and a portion of Official Tax No. 1012406,
along with an access easement across a portion of Official Tax No.
1012406; authorizing the proper City officials to execute and attest any
necessary documents for this acquisition; providing for the City's
acquisition of such property rights by condemnation, under certain
circumstances; authorizing the City to make motion for the award of a
right of entry on any of the parcels for the purpose of commencing the
project; upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 223.)
The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members White, Harris, Swain and Trout ........ -4.
NAYS: Mayor Bowers and Council Member Wyatt ................... 2.
(Council Member Hudson was absent.)
CONDEMNATION PROCEEDINGS-RAILSIDE LINEARWALK: The
Acting City Manager submitted a written report advising that Council
authorized acquisition of the necessary property rights for Railside
Linear Park, Phase I, by negotiation or eminent domain on October 7,
1996, pursuant to Ordinance No. 33148-100796; and the project will
enhance the public's accessibility to downtown attractions by providing
a connection between the market area and the Transportation Museum.
It was further advised that deeds have been recorded for the
necessary property rights on eight parcels; negotiations with the
owners of the remaining three parcels have not been successful; two
of the parcels (Official Tax Nos. 1010306 & 1010307) are owned by
Mr. Robert E. Zimmerman, et ux., the other parcel (Official Tax No.
1010304) is owned by Mr. James D. Leonard, et ux.; both property
owners have made a claim to property at the rear of their buildings,
which was thought to be owned by Norfolk Southern Corporation;
Norfolk Southern has conveyed to the City, by quitclaim deed, any
132
ACTION:
interest it may have had in the property behind Warehouse Row;
current plans for the project include paving the area behind Warehouse
Row to provide public street access to the rear of the buildings which
will be restricted by construction of the walkway on the front; and
authority to condemn property rights at the rear of Warehouse Row was
not specifically included in previous reports because the property was
thought to be owned by Norfolk Southern Corporation.
The Acting City Manager recommended that he be authorized to
take appropriate action 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 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 report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#34464-090799) AN ORDINANCE authorizing the proper City
officials to take appropriate action for the acquisition of certain
property rights needed by the City for the Railside Linear Walk - Phase
I Project; setting a certain limit on the consideration to be offered by the
City; providing for the City's acquisition of such property 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. 62, page 189.)
Mr. Trout moved the adoption of Ordinance No. 34464-090799.
The motion was seconded by Mr. Swain.
Mr. James Leonard, 1935 Hope Road, S. W., referred to the P. L.
Terry Subdivision plat map which states that the street is dedicated to
the public on the condition that the right of eminent domain shall not
be exercised for street widening purposes and this provision has been
on record for 100 years. He advised that the ordinance before Council
contains wording that will authorize the City Manager to use the right
of eminent domain and condemnation proceedings to acquire property
rights and requested elimination of that provision from the ordinance.
133
Ordinance No. 34464-090799 was adopted by the following vote:
AYES: Council Members White, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 5.
NAYS: Council MemberWyatt ............................................... 1.
(Council Member Hudson was absent.)
Ms. Wyatt advised that she supports the Railside Linear Walk
project; however, she is of the opinion that the City of Roanoke should
not condemn property unless the project will be of benefit to the entire
community.
WATER RESOURCES: The Acting City Manager submitted a
written report in connection with upgrade and expansion of the Water
Pollution Control Plant to 62 million gallons treatment capacity per day,
advising that the contractor for the project is Danis Environmental
Industries, Inc.; total amount of Change Order No. 8 is $27,256.00; and
Malcolm Pirnie, Inc., and Mattern and Craig, Inc., engineers for the
project, have reviewed and recommended the changes to the City of
Roanoke for payment.
The Acting City Manager recommended that he be authorized to
issue Change Order No. 8 to the contract dated September 18, 1997,
with Danis Environmental Industries, Inc., for upgrade and expansion
of the Water Pollution Control Plant, in the amount of $27,256.00 and no
change in contract completion time, for a total contract amount of
$17,110,796.00, with the completion date remaining November 12, 1999;
and proportional share to each jurisdiction would be as follows:
City of Roanoke 37.3% $10,166.49
County of Roanoke 29.2% 7,958.75
City of Salem 20.9% 5,696.50
County of Botetourt 7.0% 1,907.92
Town of Vinton 5.6% 1,526.34
Total of Change Order No. 8 100%
$27,256.00
Amount of contingency fund remaining is $951,736.00.
(For full.text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
13 4
ACTION:
(#34465-090799) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. 8 to the City's contract with Danis
Environmental Industries, Inc., for the upgrade and expansion of the
Water Pollution Control Plant; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 191.)
Mr. Trout moved the adoption of Ordinance No. 34465-090799.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
BUDGET-HUMAN DEVELOPMENT: The Acting City Manager
submitted a written report advising that the Virginia Department of
Social Services has allocated funding to local departments of Social
Services for child care quality initiative programs; funds are for the
purpose of implementation of initiatives to develop, enhance, and
strengthen the quality of care delivered to children; and the Roanoke
City Department of Social Services submitted a local plan requesting
funding in the amount of $35,000.00.
It was further advised that the Virginia Department of Social
Services (VADSS) has approved Roanoke City's local Child Care Quality
Initiative Plan and allocated funding in the amount of $35,000.00, which
funds do not require a local match.
The Acting City Manager recommended that Council appropriate
$35,000.00 to Child Care Quality Initiative, Account No. 001-054-5314-
3156, in order to implement the local Child Care Quality Initiative
Program; and increase the General Fund Revenue estimate by
$35,000.00 in Child Care Quality Initiative, Account No. 001-020-1234-
0700.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
ACTION:
135
(#34466-090799) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 191.)
Mr. Trout moved the adoption of Ordinance No. 34466-090799.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
HEALTH DEPARTMENT-BUDGET-HUMAN DEVELOPMENT: The
Acting 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
placed at the Roanoke City Health Department to insure that all citizens
have an opportunity to apply for Medicaid; the Agreement remains in
effect until modified by mutual consent or operation of law; the service
has been in operation for five years, and each year, the Health
Department and the Social Services Department review the
effectiveness of the program.
It was further advised that the Roanoke City Department of Social
Services has employed and will continue to train and to supervise a
worker located at the Health Department to execute applications for
Medicaid; the Outstationed Eligibility Worker currently attends six clinic
programs to take applications, determines eligibility, carries an
ongoing caseload of 125, and serves as a resource for Medicaid billing
issues; and the Roanoke City Health Department is satisfied with the
results of having an eligibility worker on location and wishes to
continue the service.
The Acting City Manager recommended that he be authorized to
continue the services of the Outstationed Eligibility Worker at the
Health Department; and that Council appropriate $30,451.00 for fiscal
year 1999-2000 to revenue and expenditure accounts to be established
in the Grant Fund by the Director of Finance.
136
ACTION:
ACTION:
Salary $24,140.00
ICMA 2,173.00
ICMA Match 390.00
FICA 1,847.00
Health Insurance 1,656.00
Dental Insurance 185.00
Disability Insurance 60.00
$30,451.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34467-090799) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 192.)
Mr. Trout moved the adoption of Ordinance No. 34467-090799.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
Mr. Trout offered the following resolution:
(#34468-090799) 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. 62, page 194.)
Mr. Trout moved the adoption of Resolution No. 34468-090799.
The motion was seconded by Mr. Swain and adopted by the following
vote:
137
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
BONDS/BOND ISSUES-BUDGET-LIBRARIES: The Acting City
Manager submitted a written report advising that the Roanoke City
Public Library made computers available for the public to access the
Internet beginning in August 1998; the library staff developed and
recommended an acceptable use policy for the Internet to the Roanoke
City Public Library Board in August 1998; Library Board approved an
acceptable use policy for the Internet in August 1998; the General
Assembl~y of Virginia approved an amendment to the Code of Virginia
by the additional Section 42.1-36.1, "Power and duty of library boards
and certain governing bodies regarding acceptable Internet use
policies"; library staff developed and recommended a revised
acceptable use policy for the Internet to the Library Board in May 1999;
and the Library Board approved a revised acceptable use policy for the
Internet in May 1999.
It was further advised that Section 42.1-36.1, Code of Virginia,
1950, as amended, states, in part: "On or before December 1, 1999, and
biennially thereafter, (i) every library board established pursuant to
section 42.1-35 or (ii) the governing body of any county, city, or town
which, pursuant to section 42.1-36, has not established a library board
pursuant to section 42.1-35, shall file with the Librarian of Virginia an
acceptable use policy for the... Internet."; and Roanoke City Public
Library Board was not established pursuant to Section 42.1-35;
therefore, Roanoke City Council, as the governing body of the City of
Roanoke, is responsible for filing an acceptable use policy for the
Internet with the Librarian of Virginia.
The Acting City Manager recommended that he be authorized to
file by December 1, 1999, with the Librarian of Virginia, as the required
acceptable use policy for the Internet, the policy approved by the
Roanoke City Public Library Board on May 20, 1999.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
138
(#34469-090799) A RESOLUTION authorizing the City Manager to
file with the Librarian of Virginia the Roanoke City Public Library's
Internet Acceptable Use Policy, as approved by the Library Board on
May 20, 1999, in fulfillment of the requirements of Section 42.1-36.1,
Code of Virginia.
(For full text of Resolution, see Resolution Book No. 62, page 195.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34469-090799.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
Co;.Incil Member Wyatt clarified her previous request as
presented at the July 19, 1999 meeting of Council; whereupon, she
requested that the Acting City Manager review the overall needs of not
only the City's main library, but the entire library system, along with
associated costs, and recommend a systematic funding approach for
consideration by Council during fiscal year 2000-01 budget study.
BUDGET-FDETC: The Acting City Manager submitted a written
report advising that the Fifth District Employment and Training
Consortium (FDETC) administers the Federally funded Job Training
Partnership Act (JTPA) for the Fifth Planning District; the FDETC serves
eligible residents in the counties of Alleghany, Botetourt, Craig and
Roanoke, as well as the cities of Clifton Forge, Covington, Roanoke and
Salem; the FDETC serves two primary client populations which include
dislocated workers and the economically disadvantaged; the City of
Roanoke is the grant recipient for FDETC funding; and Council must
appropriate the funding for all grants and other monies the FDETC
receives.
It was further advised that the Governor's Employment and
Training Department (GETD) has sent to the Consortium Notices of
Award for programs which include on-the-job training, work
experience, occupational skills training, classroom training, job
placement activities, and remedial education in the following amount:
Opportunity Knocks - $97,840.00 - Notice of Award.
The Acting City Manager recommended that Council appropriate
FDETC funding totaling $97,840.00 and increase the revenue estimate
by $97,840.00 in accounts to be established in the Consortium Fund by
the Director of Finance.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34470-090799) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Consortium Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 196.)
Mr. Trout moved the adoption of Ordinance No. 34470-090799.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
BUDGET-HUMAN DEVELOPMENT-GRANTS-YOUTH: The Acting
City Manager submitted a written report advising that the City's Office
on Youth submitted a grant proposal to the Department of Criminal
Justice Services under the grant program of an accountability-based
supplement; the purpose of the grant is to develop and implement a
formal counseling program based in the Noel C. Taylor Learning
Academy; the program will continue as intervention strategies which
will be family centered, not just youth focused; the grant proposal was
submitted to the Department of Criminal Justice Services in August of
1998 in the amount of $35,000.00; the grant does not require a local
match; and the Office on Youth will serve as administrator of the grant.
It was further advised that the City of Roanoke was notified in
July 1999 of the grant award, in the amount of $~5,000.00, to continue
the program; and formal acceptance of the grant is required to obtain
funding to continue the program.
140
ACTION:
ACTION:
The Acting City Manager recommended that Council accept the
grant award, in the amount of $35,000.00, from the Department of
Criminal Justice Services; authorize the Acting City Manager, or his
designee, to execute the grant agreement; and appropriate $35,000.00
in State grant funds and establish a corresponding revenue estimate in
a grant fund account to be established by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34471-090799) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 197.)
Mr. Trout moved the adoption of Ordinance No. 34471-090799.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
Mr. Trout offered the following resolution:
(#34472-090799) A RESOLUTION authorizing acceptance of a
grant from the Department of Criminal Justice Services on behalf of the
City to develop and implement a formal, family centered counseling
program based in the Noel C. Taylor Learning Academy, 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. 62, page 198.)
Mr. Trout moved the adoption of Resolution No. 34472-090799.
The motion was seconded by Mr. Swain and adopted by the following
vote:
141
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
BLUE RIDGE COMMUNITY SERVICES: The Acting City Manager
submitted a written report advising that the 1998 General Assembly
passed HB428 which amended and reenacted sections of the Code of
Virginia relating to local roles and responsibilities for mental health,
mental retardation, and substance abuse services; Sections 37.1-194
of the Code of Virginia, 1950, as amended, requires every locality to
establish a community services board (CSB); to oversee the delivery of
mental health, mental retardation and substance abuse services; Blue
Ridge Community Services (BRCS) provides mental health, mental
retardation, and substance abuse services to the Cities of Roanoke and
Salem and the Counties of Craig, Botetourt, and Roanoke; funding is
shared by the Commonwealth of Virginia and individual localities; and
the City of Roanoke appropriated $378,357.00 as local match for Blue
Ridge Community Services in the 1999-2000 fiscal year budget.
It was further advised that Blue Ridge Community Services has
submitted the Fiscal Year 2000 Community Services Performance
Contract, in accordance with the Code of Virginia, Title 37.1, to ensure
the delivery of publicly funded services and support to citizens of the
Commonwealth of Virginia with mental illness, mental retardation, or
substance abuse; services are to be directly or by contract through the
operating board of the Community Services Board; a state work group
comprised of executive directors for Community Service Boards, local
government attorneys and representatives of local governments has
been meeting with the Commissioner of the Department of Mental
Health, Mental Retardation, and Substance Abuse Services to discuss
and to negotiate amendments to sections of the contract that would
shift more responsibility to localities from the State to fund services;
the work group will continue to meet to finalize the 2001 performance
contract which will initiate a process for penalties and sanctions for
non-compliance with the terms of the contract for service delivery; and
the fiscal year 2000 performance contract carries no penalties or
sanctions.
142
The Acting City Manager recommended that Council adopt a
measure approving the 1999-2000 performance contract and
authorizing the Acting City Manager to execute any required documents
to enter into the Performance Contract with the Blue Ridge Community
Services Board.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34473-090799) A RESOLUTION approving and authorizing the
execution of the Blue Ridge Community Services FY 2000 Performance
Contract, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 62, page 199.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34473-090799.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Swain, Trout and Mayor
Bowers ...................................................................................... -4.
NAYS: Council Members White and Wyatt .............................. 2.
(Council Member Hudson was absent.)
FDETC: The Acting City Manager submitted a written report
advising that Federally funded workforce development programs are
usually overhauled every 10 to 15 years; and legislation passed in
August 1998 requires the closeout of the Job Training Partnership Act
and implementation of the new Workforce Investment Act by no later
than July 1, 2000.
It was further advised that in compliance with the Workforce
Investment Act (WIA), Virginia has established a statewide workforce
investment board, known as the Virginia Workforce Council; the board
will have the responsibility of developing a five year workforce
development plan for the Commonwealth of Virginia, with input from
localities; the Virginia Employment Commission has been named as the
state agency to staff the Workforce Council and to serve as fiscal agent
for WIA monies; another role of the Virginia Workforce Council is to
assist the Governor in designating regional workforce investment
areas; the FDETC Policy Board and the Private Industry Council
approved establishment of a Workforce Investment Act Ad Hoc
ACTION:
1'43
Committee composed of members from both bodies; the committee,
established in December 1998~ was charged with the responsibility of
reviewing WlA legislation and developing preliminary transition plans,
to include a recommendation for designation of a workforce investment
area; to accomplish its task, the committee has been working with
Corporation for a Skilled Workforce and membership has expanded to
include other stakeholders, such as the Fifth Planning District
Commission, Roanoke Regional Chamber of Commerce and the
Alleghany Highlands Chamber of Commerce; and at its August 20, 1999
meeting, the FDETC Policy Board voted to accept the recommendation
of the Ad Hoc Committee to request temporary designation of the
existing service area as the region's workforce investment area, and to
maintain the Fifth District Employment and Training Consortium as the
administrative entity and the City of Roanoke as the fiscal agent.
The Acting City Manager recommended that Council authorize
temporary designation of the existing service delivery area (the Fifth
Planning District) as the region's workforce investment area, and
maintain the Fifth District Employment and Training Consortium as the
administrative entity and the City of Roanoke as the fiscal agent; and
further authorize submission of a request for a smaller workforce
investment area, should any member jurisdiction opt to withdraw.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34474-090799) A RESOLUTION concurring in the
recommendation of the Workforce Investment Act Ad Hoc Committee
as approved by the Fifth District Employment and Training Consortium
(FDETC) Policy Board on August 20, 1999.
(For full text of Resolution, see Resolution Book No. 62, page 200.)
Mr. Trout moved the adoption of Resolution No. 34474-090799.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
144
ACTION:
ACTION:
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the month of July, 1999.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the
Financial Report would be received and filed.
DIRECTOR OF FINANCE-DEBT POLICY: The Director of Finance
submitted a written report advising that the Government Finance
Officers Association has a number of Recommended Practices, one of
which is the development of a debt policy that establishes parameters
to help manage the debt program, which practice is also recommended
by bond rating agencies.
It was further advised that the City does not have an official debt
policy adopted by Council; since City staffwill be making presentations
to rating agencies and issuing bonds in the near future, it is timely that
the City adopt a debt policy; a recommended debt policy is transmitted
for consideration, which establishes guidelines for management of the
City's debt program; and includes topics such as guidelines for
issuance of debt, types of debt that may be issued, debt limitations and
reservation of funds to pay debt service in times of financial instability;
the proposed policy has been reviewed and received concurrence from
the City's financial advisor and will be included in the City's
presentation to bond rating agencies later this month, if approved by
Council.
The Director of Finance recommended that Council approve the
proposed debt policy.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34475-090799) A RESOLUTION approving and adopting a Debt
Policy for the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 62, page 201.)
Mr. Trout moved the adoption of Resolution No. 34475-090799.
The motion was seconded by Mr. White.
145
In regard to guidelines for the proposed Debt Policy, Mr. White
suggested that the first guideline begin with the following wording,
"Based upon citizen participation, the City will prepare and update
annually a five year Capital Improvement Program (CIP) to be approved
by City Council." The Director of Finance advised that the above
suggested modification will be incorporated in the proposed Debt
Policy.
Resolution No. 34475-090799 was adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
BONDS/BOND ISSUES-HOUSING/AUTHORITY-HIGHER
EDUCATION CENTER: The Director of Finance submitted a written
report advising that the citizens of Roanoke approved a $39,030,000.00
General Obligation Public Improvement Bond Issue on November 4,
1997; one third of that amount, $13,010,000.00, was issued as the 1997A
General Obligation Bond issue and the remaining $26,020,000.00
remains to be issued; on April 19, 1999, Council adopted Resolution
No. 34255-041999 authorizing issuance $7,600,000.00 in General
Obligation Bonds, pursuant to the Public Finance Act of 1991 of the
Code of Virginia (Chapter 26, Title 15.2) for the purpose of providing
funds to pay the costs of economic development projects of and for the
City; and on June 21, 1999, Council adopted Resolution No. 34362-
062199 authorizing issuance of $2,500,000.00 in General Obligation
Bonds, pursuant to the Public Finance Act of 1991 of the Code of
Virginia (Chapter 26, Title 15.2) for the purpose of providing funds
which are to be granted by the City to the Roanoke Redevelopment and
Housing Authority to assist the Authority in paying a portion of the
costs of the redevelopment project for the proposed Roanoke Higher
Education Center.
It was further advised that the City will request public bids on a
total bond issue of $36,120,000.00 on October 6 or 7, 1999, which issue
will consist of the following:
Series 1999A Bonds
Series 1999B Bonds
Total
$26,020,000.00
10,100,000.00
$36,120,000.00
146
It was explained that due to the varying interest rates bid
throughout the life of the bond issues, the bond maturity schedule and
interest rates must be provided to the City's financial advisors, Branch
Banking and Capital Markets (BB&T), to compute overall net interest
costs; it is proposed to use the same procedure that was used in the
past two bond issuances whereby bids will be delivered to BB&T's
Richmond office and BB&T, with oversight of certain City
representatives, will open and compute the overall interest rate on the
bids for purchase of the bonds; BB&T would then review the bids with
City representatives and recommend acceptance of the lowest
responsive bid; and City representatives would accept the lowest bid,
with a follow up communication to Council summarizing the bids and
acceptance of the bid with the lowest net interest amount.
The Director of Finance recommended that Council adopt a
resolution authorizing issuance of $36,120,000.00 of General Obligation
Bonds and authorizing the Acting City Manager and the Director of
Finance to award the winning bid and to affix the interest rates to be
borne by the bonds.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34476-090799) A RESOLUTION authorizing the sale of not to
exceed twenty-six million twenty thousand dollars ($26,020,000.00)
principal amount of City of Roanoke, Virginia, General Obligation Public
Improvement Bonds, Series 1999A, and not to exceed ten million one
hundred thousand dollars ($10,100,000.00) principal amount of City of
Roanoke, Virginia, General Obligation Public Improvement Bonds,
Series 1999B, as part of a combined issue of not to exceed thirty-six
million one hundred twenty thousand dollars ($36,120,000.00)
aggregate principal amount of general obligation bonds of the City of
Roanoke, Virginia; fixing the form, denomination and certain other
details of such bonds and delegating to the City Manager and the
Director of Finance certain powers with respect thereto; authorizing the
preparation of a preliminary official statement and an official statement
and the distribution thereof; and authorizing such City to execute and
deliver a continuing disclosure certificate of such City relating to such
bonds.
(For full text of Resolution, see Resolution Book No. 62, page 202.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34476-090799.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
BUDGET-JUVENILE CORRECTIONAL FACILITIES: The Director
of Finance submitted a written report advising that the Roanoke Valley
Detention Commission (the Commission) was established by the Cities
of Salem and Roanoke, and the Counties of Botetourt, Franklin and
Roanoke; the Commission was created to renovate and to construct an
addition to the existing City Detention Center to increase the rated
capacity to an 81 bed facility and to equip, maintain and operate the
Center; Council appointed Glenn D. Radcliffe, Director of Human
Development, and Jesse A. Hall, Deputy Director of Finance, as the
City's representatives to the Commission; and the Director of Finance
was authorized to serve as temporary fiscal agent for the Commission.
It was further advised that the Service Agreement signed by the
member-jurisdictions to establish the Detention Commission provided
that the Commission was to purchase the existing Detention Center
real property and equipment, which has been accomplished; the City
of Roanoke will continue to administer and to operate the facility until
phase one, or 58 beds, of the renovation is completed in approximately
May, 2000; construction began in May, 1999 and is slightly ahead of
schedule due to no weather related down time; the Commission
secured a $4.2 million bank note in December 1998 to serve as interim
financing to pay for design and startup costs; the note was secured at
a very favorable interest rate of 3.68 per cent; the amount of the note is
the approximate amount of the State share of the project and will be
repaid with proceeds of State reimbursement upon completion of the
project; the Commission issued $6.4 million often-year maturity bonds
to serve as permanent financing for the project; the bonds were also
issued at a favorable interest rate of 4.93 per cent; and proceeds of the
$6.4 million bond issue must be appropriated by the City, as fiscal
agent, in order to pay expenses authorized by the Commission.
The Director of Finance recommended that Council adopt an
ordinance appropriating $6.4 million to accounts established in the
Roanoke Valley Detention Commission agency fund.
148
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34477-090799) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Juvenile Detention Commission Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 220.)
Mr. Trout moved the adoption of Ordinance No. 34477-090799.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ...................................................................... 0.
(Council Member Hudson was absent.)
REPORTS OF COMMITTEES:
PARKS AND RECREATION: Council Member Carroll E. Swain,
Chairperson, Bid Committee, presented a written report on behalf of the
Committee, in connection with bids received by the City for Mill
Mountain Park improvements.
It was advised that the project consists of the following:
A new Visitor's Center (2,100 square feet), featuring the
rustic and airy look of the Blue Ridge Parkway and
containing office and exhibit space for visitor reception
and an introduction to the Roanoke Valley;
A new picnic shelter (1,500 square feet), featuring a rustic
Parkway look and a flagstone floor;
Two playground areas located near the picnic shelter and
providing room for playground equipment to be installed
by Parks and Recreation;
A new base for the entrance sign;
A new park access gate; . .
Miscellaneous site grading to complement other new
facilities.
149
ACTION:
The Bid Committee recommended that Council authorize the
Acting City Manager to reject all bids received by the City and to
provide for revision of the specifications and re-advertisement of the
project; and the Office of City Engineer has instructed the consultant
to make the necessary design modifications sufficient to bring project
costs within budget.
The Acting City Manager submitted a written report concurring
in the recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following resolution:
(#34478-090799) A RESOLUTION rejecting all bids for the Mill
Mountain Park Improvements Project.
(For full text of Resolution, see Resolution Book No. 62, page 221.)
Mr. Swain moved the adoption of Resolution No. 34478-090799.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
PERSONNEL DEPARTMENT-CITY INFORMATION SYSTEMS-
LEASES-WATER RESOURCES-BUSES: Council Member Linda F. Wyatt,
Chairperson, Water Resources Committee, presented a written report
on behalf of the Committee, with regard to execution of a lease
agreement with Greater Roanoke Transit Company for lease of space
in the Campbell Court Transportation Center for the Personnel
Management and CIS Training Facility.
The Water Resources Committee recommended that Council
authorize execution of a lease agreement, effective September 1, 1999,
for 2,843 square feet, with up to four one year extensions, upon mutual
agreement of the parties.
150
ACTION:
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency ordinance:
(#34479-090799) AN ORDINANCE authorizing the City Manager to
enter into an agreement with Greater Roanoke Transit Company for the
leasing of office space within the Campbell Court Transportation Center
to house the ClS Workstation Support Group, upon certain terms and
conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 222.)
Ms. Wyatt moved the adoption of Ordinance No. 34479-090799.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
UNFINISHED BUSINESS:
HOUSING/AUTHORITY-HIGHER EDUCATION CENTER-
DOWNTOWN NORTH-RNDC-HENRY STREET REVIVAL COMMITTEE:
The Acting City Manager submitted a written report advising that three
major projects initiated in the Greater Gainsboro area, bordered by
Wells Avenue, Jefferson Street, Shenandoah Avenue, and Gainsboro
Road, have requested substantial financial and other assistance from
the City, which projects include:
The RNDC Project, an effort by the Roanoke Neighborhood
Development Corporation (RNDC) to revitalize Henry
Street by constructing the Crew Suites office building, the
Caboose convenience store and open plaza space.
The Higher Education Center (GOB North), which seeks to
combine the capabilities of several institutions of higher
learning to provide post-secondary educational
opportunities not presently available within the City.
151
Shenandoah Crossing (GOB South), the Roanoke
Redevelopment and Housing Authority (RRHA) effort to
convert a former Norfolk Southern office building into 86
market-rate apartments.
It was further advised that coordination of the three projects is
essential, given their common need for public infrastructure
improvements and parking requirements; cost estimates and financial
strategies were needed, especially considering the demand for public
investment in schools, parks, Victory Stadium, economic development,
museums, an IMAX theater and other multi-million-dollar public
projects such as Lincoln 2000; and Council appointed the Downtown
North Task Force at its May 5, 1999, budget study session to assist the
Acting City Manager in developing recommendations regarding
infrastructure, public financing, timing of projects and related matters
concerning the three major projects constituting the initial Greater
Gainsboro Area Project.
It was explained that over 30 meetings were conducted by staff
and interested third parties since Council created the Task Force; the
Task Force has met three times, most recently on July 27; and major
project representatives have detailed the assistance requested from the
City during the meetings, which include the following:
RNDC requested the City to provide $600,000.00 as a
capital equity contributiOn toward the construction of the
Crew Suites office/rental building, to rent 30,000 of the
50,000 square feet of office space in the building at $14
per square foot, and to finance and construct all public
infrastructure outside the footprint of the building,
including curbs, gutters and sidewalks, lighting and other
streetscaping, decorative surfacing for the plaza area, and
parking; RNDC expressed an expectation that it would
control the parking, including retention of program income
realized from its operation; RNDC indicated that the
$600,000.00 equity from the City is required to obtain
approval for approximately $5 million in bank financing for
the construction of Crew Suites; the project is dependent
upon the RRHA transferring at no cost to RNDC the
property surrounding, adjacent to and on which Crew
Suites would be constructed; and this property was
originally purchased on behalf of the City with Community
Development Block Grant (CDBG) funds.
152
The Higher Education Center requested the City to provide
public infrastructure, including curbs, gutters and
sidewalks, lighting and other streetscaping and
approximately 600 evening and 200 day parking spaces,
with free parking to be available to students; and in
providing parking, the Center requested that the City
grade the area adjacent to the building since it lies at what
is to be the main entrance.
The Roanoke Redevelopment and Housing Authority
(RRHA) requested the City to provide public infrastructure,
including curbs, gutters and sidewalks, lighting and other
streetscaping; and the RRHA could provide for project
parking needs through a surface parking lot.
It was noted that there is significant overlap in the parking areas
desired by each of the individual projects; Lumsden Associates, with
Marsh Witt Associates, has been selected to develop reliable cost
estimates for the Greater Gainsboro project area, including
infrastructure in existing public rights-of-way, surface parking, RNDC
project infrastructure, and a public parking garage; City investments in
the Greater Gainsboro Area Project were not provided for in the
updated Capital Improvement Plan, the latest bond issue or other City
funds, with two exceptions: the first exception is $700,000.00 for the
First Street Pedestrian Bridge, which is included in the ClP, the other
exception is $2.5 million previously committed to the Higher Education
Center from City funds to match the $9.0 million provided by the
Commonwealth of Virginia.
It was advised that at its July 27th meeting, the Task Force
agreed upon the following recommendation and understanding:
To support infrastructure and parking solutions,
including a comprehensive parking study covering
the area from the Catholic Church to Community
Hospital, such improvements to be made in a
manner consistent with the RNDC plan.
The specific needs of RNDC should be resolved separately from
the infrastructure and parking needs common to all three
projects.
Itwas further advised that the City's current investment concept,
given the recommendation of the Task Force and the limits of available
public resources, for the Greater Gainsboro Area Project includes:
153
Up to $3 million for public infrastructure;
Up to $700,000.00 toward the First Street Pedestrian
Bridge;
Up to $5 million for a public parking garage of 450 to 500
spaces; and
Identification of a strategy and funding for a future
comprehensive parking study of the downtown area from
the Catholic Church to Community Hospital.
Potential funding sources for these public investments include:
Existing funds in operating and capital budgets;
Community Development Block Grant (CDBG) funds;
Capital Maintenance and Equipment Replacement
Program (CMERP) funds;
Capital Fund interest earnings; and
Issuing general obligation bonds.
It was explained that the City will retain ownership and operation
of any public facilities or improvements constructed with public
resources; the City's assistance represents nearly 25 per cent of the
proposed total investment estimated to comprise the initial Greater
Gainsboro Area Project; that is, the $8.7 million investment under
consideration by the City and the $2.5 million previously committed to
the Higher Education Center represent nearly 25 per cent of the total
estimated investment of the Greater Gainsboro Area Project; and a
separate Council report offers City management's recommendations
regarding RNDC's requests for a Capital equity contribution and space
rental in the Crew Suites building.
The Acting City Manager recommended that Council refer the
matter to the Acting City Manager and to the Director of Finance for
further recommendations to Council concerning specific actions,
including identification of funding sources to carry out:
The City's investment concept of:
Up to $3 million for public infrastructure;
154
ACTION:
Up to $700,000.00 toward the First Street Pedestrian
Bridge;
Up to $5 million for a public parking garage of 450
to 500 spaces; and
Identification of a strategy and funding for a future
comprehensive parking study of the downtown area
from the Catholic Church to Community Hospital.
The City's property concept of retaining ownership and operation of
any public facilities or improvements constructed with public
resources.
(For full text, see report on file in the City Clerk's Office.)
The Reverend Kenneth B. Wright, Pastor, First Baptist Church,
commended Council, the Acting City Manager, the Director of Finance
and other City administrative staff for their efforts to accomplish a
workable solution to the success of the three projects. He summarized
past meetings of the Downtown North Task Force, and spoke to the
Acting City Manager's recommendation regarding Greater Gainsboro;
whereupon, he requested that the three projects not be separated in
spirit and that the City make a spiritual commitment for funding
inclusive of the Roanoke Neighborhood Development Corporation. He
suggested that the present Downtown North Task Force should be
excused; however, another task force should be appointed to formulate
development and action plans and to review housing, employment,
economic development and impact, neighborhood redevelopment,
regional development, human resources, and resource accountability
so that when City Council and the City Administration changes in
composition, the intent of the project will continue to be addressed. He
requested Council's favorable consideration by appointment of another
task force.
Mr. Trout moved that Council concur in Alternative A of the
Acting City Manager's report under date of August 16, 1999, and refer
the matter to the Acting City Manager and to the Director of Finance for
further recommendations to Council concerning implementation and
funding of the Greater Gainsboro Area project; and since the work of
the Downtown North Task Force has been completed, Council
expressed appreciation to representatives of the Roanoke
Neighborhood Development Corporation, Roanoke Higher Education
Center, Roanoke Redevelopment and Housing Authority, Total Action
Against Poverty, First Baptist Church, Hotel Roanoke, Downtown
155
Roanoke, Inc., and the City of Roanoke for their participation on the
Downtown North Task Force. The motion was seconded by Mr. White
and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ACTION:
STREETS AND ALLEYS: Ordinance No. 34450, permanently
vacating, discontinuing and closing a portion of the southern end of
Sixth Street, N. E. (Wenona Avenue), having previously been before the
Council for its first reading on Monday, August 16, 1999, read and
adopted on its first reading and laid over, was again before the body,
Mr. Trout offering the following for its second reading and final
adoption:
(#34450-090799) 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. 62, page 172.)
Mr. Trout moved the adoption of Ordinance No. 34450-090799.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
ZONING: Ordinance No. 34451, rezoning a parcel of land
containing 0.43-acre, commonly known as 5416 Airport Road, N. W.,
Official Tax No. 6640108, from RS-3, Residential Single-Family District,
to C-1, Office District, as set forth in an Amended Petition filed in the
Office of the City Clerk on July 1, 1999, having previously been before
the Council for its first reading on Monday, August 16, 1999, read and
156
ACTION:
ACTION:
adopted on its first reading and laid over, was again before the body,
Mr. Trout offering the following for its second reading and final
adoption:
(#34451-090799) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 664, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 62, page 174.)
Mr. Trout moved the adoption of Ordinance No. 34451-090799.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
ZONING: Ordinance No. 34452, rezoning a tract of land located
on the north side of Fugate Road, N. E., being the rear 79 feet of Official
Tax No. 3101007, from RM-I, Residential Multi-Family District, to C-2,
General Commercial District, pursuant to the Second Amended Petition
filed in the Office of the City Clerk on July 8, 1999, having previously
been before the Council for its first reading on Monday, August 16,
1999, read and adopted on its first reading and laid over, was again
before the body, Mr. Trout offering the following for its second reading
and final adoption:
(#34452-090799) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 310, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 62, page 175.)
Mr. Trout moved the adoption of Ordinance No. 34452-090799.
The motion was seconded by Mr. Harris and adopted by the following
vote: '~
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... O.
ACTION:
157
(Council Member Hudson was absent.)
DECEASED PERSONS: Mr. Trout offered the following resolution
memorializing the late Patricia N. Toney, 1997 Citizen of the Year of the
City of Roanoke, and neighborhood leader:
(#34453-090799) A RESOLUTION memorializing the late
Patricia N. Toney.
(For full text of Resolution, see Resolution Book No. 62, page 176.)
Mr. Trout moved the adoption of Resolution No. 34453-090799.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Swain, Trout and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
ACTS OF ACKNOWLEDGEMENT-STREET NAMES: The Mayor
advised that inasmuch as it appears that all seven Members of Council
will be present for the Council meeting on Wednesday, October 20,
1999, at 7:00 p.m., the request of the Southern Christian Leadership
Conference to rename Orange Avenue, N. E., and N. W., to Dr. Martin
Luther King, Jr., Avenue will be included on the agenda. (It was later
advised that all Members of Council would not be present for the
October 20 Council meeting, therefor, the public hearing was scheduled
for the November 15, 1999 Council meeting at 7:00 p.m.)
BUILDINGS/BUILDING DEPARTMENT: Council Member Swain
expressed concern with regard to the appearance of the rear of certain
structures in downtown Roanoke and suggested that uniform building
standards be established through appropriate incentives for property
owners.
Itwas the consensus of Council that the matter would be referred
to the Acting City Manager for appropriate response.
15 8
ACTION:
ACTION:
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 4:55 p.m., the Mayor declared the meeting in recess.
At 6:40 p.m., the meeting reconvened in the Council Chamber,
with Vice-Mayor Harris presiding, and all Members of the Council in
attendance, with the exception of Mayor Bowers and Council Member
Hudson.
COUNCIL: With respect to the Closed Meeting just concluded,
Mr. Swain moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Closed Meeting was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Trout and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Swain and Trout-5.
NAYS: None ...................................................................... 0.
(Mayor Bowers left the meeting during the Closed Meeting and Council
Member Hudson was absent.)
OATHS OF OFFICE-COMMITTEES-CULTURAL SERVICES
COMMITTEE: The Vice-Mayor advised that there is a vacancy on the
Cultural Services Committee created by the resignation of William L.
Lee, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Michael Brennan.
There being no further nominations, Mr. Brennan was appointed
as a member of the Cultural Services Committee, for a term ending
June 30, 2000, by the following vote:
FOR MR. BRENNAN: Council Members White, Wyatt, Swain,
Trout and Vice-Mayor Harris .......................................................... 5.
(Mayor Bowers and Council Member Hudson were absent).
OATHS OF OFFICE-COMMITTEES-HUMAN SERVICES
COMMITTEE: The Vice-Mayor advised that there is a vacancy on the
Human Services Committee created by the resignation of Bernice
Jones, and called for nominations to fill the vacancy.
ACTION:
ACTION:
ACTION:
159
Ms. Wyatt placed in nomination the name of Cynthia S. Bryant.
There being no further nominations, Ms. Bryant was appointed
as a member of the Human Services Committee, for a term ending
June 30, 2000, by the following vote:
FOR MS. BRYANT: Council Members White, Wyatt, Swain, Trout
and Vice-Mayor Harris .................................................................. 5.
(Mayor Bowers and Council Member Hudson were absent).
OATHS OF OFFICE-COMMITTEES-FLOOD PLAIN COMMITTEE:
The Vice-Mayor advised that there is a vacancy on the Flood Plain
Committee created by the resignation of Harold L. Shaffer, and called
for nominations to fill the vacancy.
Mr. Swain placed in nomination the name of Cynthia Turner
Josephson.
There being no further nominations, Ms. Josephson was
appointed as a member of the Flood Plain Committee, for a term ending
June 30, 2000, by the following vote:
FOR MS. JOSEPHSON: Council Members White, Wyatt, Swain,
Trout and Vice-Mayor Harris .......................................................... 5.
(Mayor Bowers and Council Member Hudson were absent).
Inasmuch as Ms. Josephson is not a resident of the City of
Roanoke, Mr. Swain 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. Trout and adopted.
OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Vice-
Mayor advised that there is a vacancy on the Special Events Committee
due to expiration of the term of office of Nicole Y. Quarles, and called
for nominations to fill the vacancy.
Mr. Trout placed in nomination the name of Michael R. Whelan.
There being no further nominations, Mr. Whelan was appointed
as a member of the Special Events Committee, for a term ending
June 30, 2000, by the following vote:
160
ACTION:
ACTION:
ACTION:
FOR MR. WHELAN: Council Members White, Wyatt, Swain, Trout
and Vice-Mayor Harris .................................................................. 5.
(Mayor Bowers and Council Member Hudson were absent).
OATHS OF OFFICE-COMMITTEES-TRANSPORTATION SAFETY:
The Vice-Mayor advised that there is a vacancy on the City of Roanoke
Transportation Safety Commission created by the resignation of Ramey
Bower, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Christopher Perkins.
There being no further nominations, Mr. Perkins was appointed
as a member of the City of Roanoke Transportation Safety Commission,
for a term ending October 31, 2002, by the following vote:
FOR MR. PERKINS: Council Members White, Wyatt, Swain, Trout
and Vice-Mayor Harris .................................................................. 5.
(Mayor Bowers and Council Member Hudson were absent).
OATHS OF OFFICE-COMMITTEES-DISABILITY SERVICES
BOARD: The Vice-Mayor advised that there is a vacancy on the Fifth
Planning District Disability Services Board inasmuch as Donna Norvelle
is no longer a City employee, and called for nominations to fill the
vacancy.
Ms. Wyatt placed in nomination the name of Glenn D. Radcliffe.
There being no further nominations, Mr. Radcliffe was appointed
as a member of the Fifth Planning District Disability Services Board, for
a term ending January 31, 2002, by the following vote:
FOR MR. RADCLIFFE: Council Members White, Wyatt, Swain,
Trout and Vice-Mayor Harris ......................................................... 5.
(Mayor Bowers and Council Member Hudson were absent).
There being no further business, the Vice-Mayor declared the meeting
adjourned at 6:45 p.m. ~,
APPROVED
Mary F. Parker ~'~'~~
City Clerk Mayor
ATTEST:
162
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
September 20, 1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
September 20, 1999, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with the City Clerk presiding, pursuant to Rule 1, Reqular Meetinas. of
Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended.
COUNCIL: Inasmuch as both the Mayor and the Vice-Mayor were absent, in
accordance with Roberts Rules of Order, the City Clerk opened the floor for
nominations for a Chair Pro Tem to preside over the meeting.
Mr. White placed in nomination the name of Council Member Linda F. Wyatt.
There being no further nominations, Council Member Wyatt was appointed as
Chair Pro Tem by the following vote:
FOR COUNCIL MEMBER WYATT: Council Members Hudson, Swain, Trout,
White and Wyatt .......................................................................................... 5.
NAYS: None ........................................................................................ -0.
(Mayor Bowers and Vice-Mayor Harris were absent.)
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O.
Trout, William White, Sr. and Chair Pro Tem Linda F. Wyatt ................................. 5.
ABSENT: Mayor David A. Bowers and Vice-Mayor C. Nelson Harris ............ 2.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; William M.
Hackworth, City Attorney; James D. Grisso, 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.
(For full text, see repo,-t on file in the City Clerk's Office.)
· ~ "TION:
ACTION:
163
Mr. Trout 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. Hudson and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White and Chair Pro Tem
Wyatt ............................................................................................................ 5.
NAYS: None ......................................................................................... 0.
(Mayor Bowers and Vice-Mayor Harris were absent.)
At 12:18 p.m., the Chair Pro Tem declared the meeting in recess.
At 12:45 p.m., the meeting reconvened in the City Council Chamber, with Chair
Pro Tem Wyatt presiding, Mayor Bowers and Vice-Mayor Harris were absent.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Swain
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White and Chair Pro Tem
Wyatt ............................................................................................................ 5.
NAYS: None ......................................................................................... 0.
(Mayor Bowers and Vice-Mayor Harris were absent.)
At 12:47 p.m., the Chair Pro Tem declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Monday, September 20, 1999, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council
Members in attendance, Chair Pro Tern Wyatt presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O.
Trout, William White, Sr. and Chair Pro Tem Linda F. Wyatt ................................ 5.
ABSENT: Mayor David A. Bowers and Vice-Mayor C. Nelson Harris ............ 2.
164
OFFICERS PRESENT: James D. Ritchie, Sr., Acting 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 Robert D.
Smith, Pastor, First Presbyterian Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
CONSENT AGENDA
The Chair Pro Tem 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. She 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 the Council.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers 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.)
ACTION:
Mr. White 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. Swain and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White and Chair
Pro Tem Wyatt ............................................................................. 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Vice-Mayor Harris were absent.)
165
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS:
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation of funds to the following school
accounts, was before Council.
$311,864.00 from the 1999-2000 Capital Maintenance and
Equipment Replacement Fund for textbook adoptions,
school-based technology and facility improvements,
architect services for district-wide roof replacement,
upgrade of the William Fleming computer network, and
facility maintenance vehicles and equipment.
$121,552.00 for the Title I Local Delinquent Children Grant
to provide transition services to youth exiting the Juvenile
Detention Center and youth entering YorJth Haven. The
services will 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 100 per cent reimbursed by Federal
funds.
$23,062.00 to finance architectural and engineering design
services for school capital projects to be completed by
fiscal year 2002. The funds represent additional
construction funds which have been distributed to
Roanoke City Schools from asbestos litigation.
$50,000.00 for the Comprehensive School Reform
Demonstration Grant to provide for the replication of
successful intervention programs from other school
divisions at Fallon Park School. The basic skills program
includes staffdevelopment and remedial skills instruction.
This continuing program is 100 per cent reimbursed by
Federal funds.
$50,000.00 for the Comprehensive School Reform
Demonstration Grant to provide for the replication of
successful intervention programs from other school
166
divisions at Lincoln Terrace School. The basic skills
program includes staff development and remedial skills
instruction. This continuing program is 100 per cent
reimbursed by Federal funds.
$50,000.00 for the Comprehensive School Reform
Demonstration Grant to provide for the replication of
successful intervention programs from other school
divisions at Roanoke Academy for Math and Science. The
basic skills program includes staff development and
remedial skills instruction. This continuing program is
100 per cent reimbursed by Federal funds.
$500,437.00 for the 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 ara no higher than 18 students. This
new program will be reimbursed by Federal funds.
$3,000.00 for the Child Development Clinic to provide
funds for the salary and expenses of the educational
coordinator at the clinic. This continuing program will be
reimbursed 100 per cent by state funds.
$3,000.00 for the Child Specialty Services program to
provide funds for the salary and expenses of the
educational coordinator. This continuing program will be
reimbursed 100 per cent by State funds.
$23,000.00 for the Juvenile Detention Home program to
provide funds for the salary and expenses of three
educational coordinators. This continuing program will be
reimbursed 100 per cent by State funds.
$216,941.00 for the Goals 2000 Technology Grant to
provide funds for the purchase of classroom computers
and related technologies. This continuing program will be
reimbursed 100 per cent by Federal funds.
$2,696.00 for the Goals 2000 Technology Support Grant to
provide funds for training in support of efforts to improve
education in the school division through the provision of
computers and related technology. This continuing
program will be reimbursed 100 per cent by Federal funds.
ACTION:
167
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34480-092099) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 School and School Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 224.)
Mr. Trout moved the adoption of Ordinance No. 34480-092099.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White and Chair
Pro Tem Wyatt ............................................................................. 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Vice-Mayor Harris were absent.)
Council Member Swain inquired if data is available showing a
correlation between the reduction in class size and student
performance; whereupon, it was advised by a representative of the
Roanoke City Public School System that information is being compiled
and will be available by the summer of 2000, following receipt of the
next round of Standards of Learning test results.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
FIFTH PLANNING DISTRICT COMMISSION: The Acting City
Manager submitted a written report advising that the City of Roanoke
has been a member of the Fifth Planning Commission for almost 30
years; the role of the Commission has changed dramatically over the
past two decades and currently, instead of being simply a planning
168
ACTION:
organization, the Commission promotes cooperation, communication
and coordination among its member governments and organizations
within the region and State and Federal agencies; in 1996, the General
Assembly amended the Regional Cooperation Act to allow Planning
District Commissions to change their names to Regional Commissions;
in June 1998, the Commission appointed a Public Relations Committee
to review ways to promote the work and enhance the image of the
Commission; and the Public Relations Committee recommended that
the Commission change its name to the Roanoke Valley-Alleghany
Regional Commission.
It was further advised that on June 24, 1999, the Commission
resolved to change its name from the Fifth Planning District
Commission to the Roanoke Valley-Alleghany Regional Commission to
better reflect the geography served by the organization and the mission
of the organization; and the Commission has requested that all nine
member governments adopt resolutions approving the new name.
The Acting City Manager recommended that Council adopt a
resolution concurring in and supporting a resolution adopted by the
Commission on June 24, 1999, which provides that the name of the
Fifth Planning District Commission shall be changed to the Roanoke
Valley-Alleghany Regional Commission.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following resolution:
(#34481-092099) A RESOLUTION endorsing the Fifth Planning
District Commission's name change to Roanoke Valley-Alleghany
Regional Commission.
(For full text of Resolution, see Resolution Book No. 62, page 229.)
Mr. White moved the adoption of Resolution No. 34481-092099.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White and Chair
Pro Tem Wyatt ............................................................................. 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Vice-Mayor Harris were absent.)
ACTION:
169
ROANOKE MEMORIAL HOSPITALS-HOSPITALS-COMMUNITY
HOSPITAL-AIR RIGHTS: The Acting City Manager submitted a written
report advising that Council authorized, pursuant to Ordinance No.
33794-050498 and Ordinance No. 34252-050399, leases between the
City and CHS, Inc., for certain airspace over Crystal Spring Avenue, S.
W.; a lease was executed on May 14, 1998, for some of the airspace,
and another lease, which was authorized in May 1999, is being
negotiated; and CHS, Inc., agreed to provide a bond to the City as
surety for removal of the structure to be built in the air space leased
from the City, pursuant to a lease dated May 14, 1998.
It was further advised that CHS, Inc., has been unable to obtain
a 60-year bond and has requested that the City accept an irrevocable
letter of credit in lieu of the bond as surety for removal of the structure
for both the 1998 lease and the lease authorized in May 1999; and City
staff recommends amendment to the May 14, 1998, lease to allow CHS,
Inc., to provide surety in the form of an irrevocable letter of credit and
to provide same for the lease authorized in May 1999.
The Acting City Manager recommended that Council authorize an
amendment to the 1998 lease to allow CHS, Inc., to provide surety in the
form of an irrevocable letter of credit and authorize such surety for the
lease authorized in May 1999, in a form to be approved by the City
Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#34482-092099) AN ORDINANCE authorizing certain
amendments to two leases by the City to CHS, Inc., for certain airspace
over Crystal Spring Avenue, S. W.; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 230.)
Mr. Trout moved the adoption of Ordinance No. 34482-092099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White and Chair
Pro Tem Wyatt ............................................................................. 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Vice-Mayor Harris were absent.)
170
RAILSIDE LINEAR WALK-CONSULTANTS REPORTS: The Acting
City Manager submitted a written report advising that the Railside
Linear Park Project will connect the Historic Market area and the
Virginia Museum of Transportation; the walkway follows the main line
of the Norfolk Southern Railway located along Norfolk Avenue and
continues to the south side of the Warehouse Row buildings; Council
authorized a design services agreement with Hayes, Seay, Mattern &
Mattern, Inc., at its meeting on August 28, 1995, in the amount of
$129,291.00, with a contract date of November 14, 1995; Amendment
No. 1 was approved by the City on April 15, 1997, in the amount of
$20,299.30; the portion of the project between the City Market and First
Street is under construction and is scheduled for completion in
November 1999; and the remainder of the project, the elevated walkway
at Warehouse Row, is expected to be advertised for bids in the fall of
1999.
It was further advised that project design has changed a number
of times in response to project phasing, utility coordination, right-of-
way and design issues; many additional meetings and conceptual
designs were required of the consultant due to the participation of a
number of interested groups including: Railroad Historical Society,
Roanoke Arts Commission, Downtown Roanoke, Inc., Virginia
Transportation Museum, local artists and economic development
prospects; Hayes, Seay, Mattern & Mattern, Inc., has requested an
additional fee of $121,352.00 for design services; staff has negotiated
the fee to $75,000.00, with no additional time for extra work; and a
summary of the contract is as follows:
Initial Contract
Amendment No. 1
Proposed Amendment No. 2
$129,291.00
20,299.30
75,000.00
Total $224,590.30
The Acting City Manager recommended that he be authorized to
execute Amendment No. 2 to the November 14, 1995 agreement with
Hayes, Seay, Mattern & Mattern, Inc., in a form to be approved by the
City Attorney, in the amount of $75,000.00, with no additional time for
the extra work.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
ACTION:
171
(#34483-092099) A RESOLUTION authorizing the City Manager's
issuance of Amendment No. 2 to the City's contract with Hayes, Seay,
Mattern & Mattern, Inc., for additional engineering services for all the
phases of the Railside Linear Walk and Park Project.
(For full text of Resolution, see Resolution Book No. 62, page 231.)
Mr. Trout moved the adoption of Resolution No. 34483-092099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White and Chair
Pro Tem Wyatt ............................................................................ 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Vice-Mayor Harris were absent.)
TRAFFIC-STATE HIGHWAYS-ISTEA: The Acting City Manager
submitted a written report advising that the Transportation Equity Act
for the 21st Century (TEA-21) was signed into Federal law in June,
1998; TEA-21 requires state departments of transportation to set aside
a minimum often per cent of the Surface Transportation Program (STP)
allocation each year to be used for "hazard elimination" and
"rail/highway grade crossings"; funding participation for approved
projects is 90 per cent Federal and ten per cent local; regular urban
highway allocations may be used to provide 98 per cent of the ten per
cent local matching funds, with the locality providing the other two per
cent, which means that the locality only needs to provide 0.2 per cent
in local funding; Council adopted a resolution on March 16, 1998, for
the Virginia Department of Transportation (VDOT) to enable the
Cleveland Avenue, S. W., railroad grade crossing project to be
programmed in VDOT's Six-Year Improvement Program (Resolution No.
33743-031698) as an approved safety project; and the railroad crossing
is located on Cleveland Avenue, S. W., between 15th Street and 18th
Street.
It was advised that VDOT has approved the safety project
application; the project administration agreement has been received by
the City and requires execution to enable the project to proceed; the
project includes installation of flashing light signals and short-arm
gates at an estimated cost of $110,400.00; total City-funded share is
$220.80; and the agreement also provides for an annual cost to the City
of $1,252.50 to reimburse Norfolk Southern for crossing maintenance.
172
ACTION:
The Acting City Manager recommended that he be authorized to
execute the Cleveland Avenue, S. W., railroad grade crossing
agreement on behalf of the City, in a form to be approved by the City
Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34484-092099) A RESOLUTION authorizing the City Manager,
or his designee, to execute an agreement with the Virginia Department
of Transportation for installation of short-arm gates and flashing lights
atthe railroad crossing on Cleveland Avenue, S. W., in connection with
the Surface Transportation Program.
(For full text of Resolution, see Resolution Book No. 62, page 232.)
Mr. Trout moved the adoption of Resolution No. 34484-092099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White and Chair
Pro Tem Wyatt ............................................................................. 5.
NAYS: None ....................................................................... O.
(Mayor Bowers and Vice-Mayor Harris were absent.)
CITY ATTORNEY:
BUILDINGS/BUILDING DEPARTMENT-PARKS AND RECREATION-
REFUSE COLLECTION: The City Attorney submitted a written report
advising that as part of the City's 1999 Legislative Program, the City
sought enabling legislation allowing the City, under certain
circumstances, to waive existing liens for demolition of structures and
weed and trash removal; very often properties are forced into the
delinquent tax sale process because taxes and liens have been
assessed far in excess of their fair market value, thus effectively
rendering the properties unmarketable; City demolition costs currently
average about $8,000.00, but the typical value of the vacant lot left is
only about $2,500.00; and, in addition, many derelict properties have
liens for removal of weeds and trash by the City.
ACTION:
173
It was further advised that the General Assembly responded to
the City's request by enacting legislation which, under certain
circumstances, allows localities to waive removing, repairing, or
securing unsafe buildings or structures, and weed and trash removal
liens; Section 15.2-901, Code of Virginia (1950), as amended, was
amended to allow weed and trash liens to be waived in order to
facilitate the sale of property; this Code section provides that such
liens may be waived only as to a purchaser who is unrelated by blood
or marriage to the owner and who has no business association with the
owner; it also provides that all such liens shall remain a personal
obligation of the owner of the property at the time the liens were
imposed; Section 15.2-906, Code of Virginia, was also amended to
include a similar provision allowing localities to waive liens for
removing, repairing, or securing unsafe buildings or structures; and
both of these provisions require that a locality act by ordinance to
implement provisions.
The City Attorney recommended that Council enact a proposed
ordinance which would amend §§33-23 and 7-2 of the City Code, to
allow for waiver of the type of liens above described; and that authority
for waiving the liens be vested in the Director of Finance, since §2-238
of the City Code already authorizes the Director of Finance to waive
interest or penalty payments on these types of liens whenever, in his
discretion, it is appropriate to do so.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#34485-092099) AN ORDINANCE amending §7-2, Recovery of
costs when city removes, repairs, or secures unsafe building or
structure, and amending §33-23, Notice to owner of hearing on
abatement costs; post-abatement hearing, of the Code of the City of
Roanoke (1979), as amended, by the addition of new subsections (b)
and (d), respectively, to provide for waiver, by the Director of Finance,
of liens for removal, repair or securing buildings or structures and
removal of weeds and trash, under certain circumstances, in order to
facilitate the sale of certain property and encourage its productive
reuse; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 233.)
Mr. Trout moved the adoption of Ordinance No. 34485-092099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
174
AYES: Council Members Hudson, Swain, Trout, White and Chair
Pro Tern Wyatt ............................................................................. 5.
NAYS: None ....................................................................... O.
(Mayor Bowers and Vice-Mayor Harris were absent.)
REPORTS OF COMMITTEES:
BUDGET-BRIDGES: Council Member Carroll E. Swain,
Chairperson, Bid Committee, presented a written report on behalf of the
Committee, in connection with bids received by the City for repair of the
bridges at Brandon Avenue over Murray Run, 13th Street over Roanoke
River, Franklin Road over Roanoke River, and Jefferson Street over
Roanoke River; whereupon, the Bid Committee recommended that
Council approve the following actions:
Authorize the Acting City Manager to execute a unit price
contract with Lanford Brothers Co., Inc., of Roanoke,
Virginia, for Bridge Repairs - 1999, in the amount of
$261,868.00, with 120 calendar days for completion, and
authorize a project contingency of $26,000.00, for a total of
$287,868.00 for the project.
Appropriate $150,000.00 to the Capital Fund, Account No.
008-052-9549-9003, "Bridge Maintenance"; funding is
available in the General Fund Transfer to Capital Projects
Fund, Account No. 001-004-9310-9508.
Reject all other bids received by the City.
The Acting City Manager submitted a written report concurring
in the recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34486-092099) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 235.)
ACTION:
Mr. Swain moved the adoption of Ordinance No. 34486-092099.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Hudson, Swain, Trout, White and Chair
Pro Tem Wyatt ............................................................................. 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Vice-Mayor Harris were absent.)
Mr. Swain offered the following emergency ordinance:
(#34487-092099) AN ORDINANCE accepting the bid of Lanford
Brothers Company, Incorporated, for repair of the bridges at Brandon
Avenue over Murray Run, at 13t' Street over Roanoke River, at Franklin
Road over Roanoke River, and at Jefferson Street over Roanoke River,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract for
such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 236.)
Mr. Swain moved the adoption of Ordinance No. 34487-092099.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White and Chair
Pro Tem Wyatt ............................................................................. 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Vice-Mayor Harris were absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
PURCHASE/SALE OF PROPERTY-CITY EMPLOYEES-
JEFFERSON CENTER: Ordinance No. 34463, providing for acquisition
for the Employee/Jefferson Center Parking project of property located
in the 400 block of Luck Avenue, S. W., identified by Roanoke City Tax
Nos. 1012408, 1012407, and a portion of Official Tax No. 1012406, along
176
with an access easement across a portion of Official Tax No. 1012406;
authorizing the proper City officials to execute and attest any necessary
documents for said acquisition; providing for the City's acquisition of
such property rights by condemnation, under certain circumstances;
and 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,
having previously been before the Council for its first reading on
Tuesday, September 7, 1999, read and adopted on its first reading and
laid over, was again before the body, Mr. Trout offering the following for
its second reading and final adoption:
(#34463-092099) AN ORDINANCE providing for the acquisition for
the Employee/Jefferson Center Parking Project of property located in
the 400 block of Luck Avenue, S. W., and identified by Roanoke City Tax
Map Nos. 1012408, 1012407, and a portion of Official Tax No. 1012406,
along with an access easement across a portion of Official Tax No.
1012406; authorizing the proper City officials to execute and attest any
necessary documents for this acquisition; providing for the City's
acquisition of such property rights by condemnation, under certain
circumstances; authorizing the City to make motion for the award of a
right of entry on any of the parcels for the purpose of commencing the
project; upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 223.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34463-092099.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout and White ..... -4.
NAYS: Chair Pro Tem Wyatt ................................................. 1.
(Mayor Bowers and Vice-Mayor Harris were absent.)
COUNCIL-SCHOOLS: Mr. Trout offered the following resolution
changing the time and place of commencement of the regular meeting
of City Council scheduled to be held at 12:15 p.m., on Wednesday,
October 20, 1999, to 12:00 noon, Wednesday, October 20, 1999, in
Room 120, at the Addison Aerospace Magnet Middle School, 1220 Sth
Street, N. W., in the City of Roanoke, with the 2:00 p.m. session on the
same date to be held in the City Council Chambers, 215 Church
Avenue, S. W.:
ACTION:
177
(#34488-092099) A RESOLUTION changing the time and place of
commencement of the regular meeting of City Council scheduled to be
held at 12:15 p.m., on Wednesday, October 20, 1999.
(For full text of Resolution, see Resolution Book No. 62, page 237.)
Mr. Trout moved the adoption of Resolution No. 34488-092099.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White and Chair
Pro Tem Wyatt ............................................................................. 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Vice-Mayor Harris were absent.)
VIRGINIA MUNICIPAL LEAGUE: Mr. Trout offered the following
resolution designating James O. Trout as Voting Delegate and
Carroll E. Swain as Alternate Voting Delegate for the 1999 Annual
Business Session of the Virginia Municipal League and designating
James D. Ritchie, Sr., as Staff Assistant for any meetings of the Urban
Section:
ACTION:
(#34489-092099) 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. 62, page 238.)
Mr. Trout moved the adoption of Resolution No. 34489-092099.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White and Chair
Pro Tem Wyatt ............................................................................. 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Vice-Mayor Harris were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
178
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
CITY MANAGER-COUNCIL: Mr. Hudson moved that Council
convene in a Closed Meeting to interview candidates for the position of
City Manager, pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Swain and
adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White and Chair
Pro Tem Wyatt ............................................................................. 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Vice-Mayor Harris were absent.)
SIDEWALK/CURB AND GUTTER-SlGNSIBILLBOARDSIAWNINGS-
STREETS AND ALLEYS: Council Member White spoke in support of and
encouraged that the City display the proper signage regarding street
paving, sidewalk, curb and gutter construction projects under-taken by
the City as a result of bond funds, general funds, etc. Also, prior to the
winter season, he requested a progress report on completed and
pending street paving, sidewalk, curb and gutter construction
contracts/projects.
CITY MANAGER-COUNCIL: Chair Pro Tem Wyatt expressed
concern with regard to certain recent actions that were taken by
Council in connection with conducting interviews and discussions for
the position of Roanoke City Manager. She explained that she did not
question the legality of Council's actions; however, she questioned
whether it was the right thing to do in the absence of the Mayor who
could not attend the meeting because of emergency surgery. She
stated that she previously requested that the meeting be postponed,
which request was not honored, and it was her understanding that the
Mayor had also requested that no decisions be made until all Members
of Council were in attendance.
Mr. White advised that Council acted properly as a majority and
in the best interest of the citizens of the City of Roanoke.
Mr. Trout advised that he considered the meeting to be one of the
most important meetings that he has attended because the City is
moving into the next millennium and the bridge that will carry the City
into that period of progress will be the City Manager's position working
in conjunction with the Members of City Council. He called attention to
ACTION:
179
a communication from The Mercer Group, a consulting firm which was
engaged for the purpose of assisting the City in its search for a new
City Manager, in which concern was expressed that Council was not
moving fast enough in its selection process and there was a possibility
that some of the candidates might withdraw their applications;
therefore, the meeting was held in the absence of the Mayor and
Council Member Wyatt. He also referred to a communication from Vice-
Mayor Harris who advised that he was in agreement with interviewing
the two finalists who were selected at the meeting. He stated that
Council acted in the best interests of the citizens of Roanoke and he
was pleased to be a part of the process.
Mr. Swain advised that the City Manager Search Committee has
worked diligently in the best interests of all citizens of the City of
Roanoke. He stated that the action of Council was appropriate based
on the advice of the consultant.
Mr. Hudson, Chair of the City Manager Search Committee,
advised that five Members of Council were present at the meeting and
it was the unanimous decision of those in attendance that Council
should move forward with the process, even though there were
scheduling conflicts by some Members of Council. He stated that
Council is working to move the City Manager process forward, and the
majority of Council did what it thought was proper.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 2:40 p.m., the Chair Pro Tem declared the meeting in recess.
At 2:55 p.m., the meeting reconvened in the Council Chamber,
with Chair Pro Tem Wyatt presiding, and all Members of the Council in
attendance, with the exception of Mayor Bowers and Vice-Mayor Harris.
COUNCIL: With respect to the Closed Meeting just concluded,
Mr. Swain moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Closed Meeting was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
ACTION:
AYES: Council Members Hudson, Swain, Trout, White and Chair
Pro Tem Wyatt- ........................................................................... 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Vice-Mayor Harris were absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS
COMMISSION: The Chair Pro Tem advised that the term of office of
Mary S. Neal as a member of the Roanoke Arts Commission expired on
June 30, 1999, and called for nominations to fill the vacancy.
Mr. Swain placed in nomination the name of Mary S. Neal.
There being no further nominations, Ms. Neal was reappointed
as a member of the Roanoke Arts Commission, for a term ending
June 30, 2002, by the following vote:
FOR MS. NEAL: Council Members Hudson, Swain, Trout, White
and Chair Pro Tem Wyatt .............................................................. 5.
(Mayor Bowers and Vice-Mayor Harris were absent.)
At 3:00 p.m., the Chair Pro Tem declared the meeting in recess
until 7:00 p.m.
On Monday, September 20, 1999, at 7:00 p.m., the Roanoke City
Council reconvened in regular session in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with the following Council Members in attendance, Chair Pro
Tem Wyatt presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout, William White, Sr., and Chair Pro Tem Linda F.
Wyatt ................................ 5.
ABSENT: Mayor David A. Bowers and Vice-Mayor C. Nelson
Harris ......................................................................................... 2.
OFFICERS PRESENT: James D. Ritchie, Sr.,'Acting City Manager;
Diane S. Akers, Acting Assistant City Manager; William M. Hackworth,
City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
181
The reconvened meeting was opened with a prayer by Chair Pro
Tern Wyatt.
The Pledge of Allegiance to the Flag of the United States of
America was led by Chair Pro Tem Wyatt.
PRESENTATIONS:
ACTS OF ACKNOWLEDGEMENT-SPORTS ACTIVITIES: The Chair
Pro Tem recognized the Roanoke Star Girls U14 Youth Soccer Team,
who recently completed a successful trip to Europe, participating in the
largest youth tournament in the world with over 70 different countries
represented, and amassing a 7-1-1 record.
The Chair Pro Tem presented each participant with a "Star City"
uniform patch.
PROCLAMATIONS: The Chair Pro Tem presented a proclamation
declaring Sunday, September 26, 1999, as WALK FOR PRIDE DAY.
(For full text, see Proclamation on file in the City Clerk's Office.)
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, September 20, 1999, at 7:00
p.m., or as soon thereafter as the matter may be heard, on the request
of Carilion Medical Center that a portion of Highland Avenue, S. E.,
extending from Jefferson Street to a terminal point at the westerly line
of Official Tax No. 4021501, 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, September 2 and Thursday,
September 9, 1999 and in The Roanoke Tribune on Thursday,
September 9, 1999.
(See publisher's affidavits 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, was before
the body.
(For full text, see report on file in the City Clerk's Office.)
182
ACTION:
Michael G. Ballantyne, Vice-President for Facility Services,
Carilion Health Systems, appeared before Council in support of the
request.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34490) 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. 62, page 241.)
The motion was seconded by Mr. Swain.
The Chair Pro Tem inquired if there were persons present who
would like to address Council with regard to the request. There being
none, Ordinance No. 34490 was adopted, on its first reading, by the
following vote:
AYES: Council Members Hudson, Swain, Trout, White and Chair
Pro Tem Wyatt ............................................................................. 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Vice-Mayor Harris were absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, September 20, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Carilion Health
Systems that a certain 14.787-acre, more or less, parcel of land located
south of Elm Avenue, S. W., between Jefferson Street and Williamson
Road, identified as Official Tax Nos. 4020101, 4020701, 4020801,
4021408, 4021409, 4020815, 4021501 and 4021502, be rezoned from C-1,
Office District, to C-3, Central Business District; and Official Tax No.
4020814 be rezoned from LM, Light Manufacturing District, to C-3,
Central B:]siness District, with Official Tax No. 4020101 being subject
to a certain condition proffered by the petitioner, the matter was before
the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Thursday, September 2 and Thursday,
September 9, 1999, and in The Roanoke Tribune on Thursday,
September 9, 1999.
183
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
applicant is proposing to undertake a new expansion of the
hospital/medical complex, which will, in part, be located on the
southerly side of a portion of the public street, Highland Avenue, S. E.,
was before Council.
ACTION:
The City Planning Commission recommended that Council
approve the request to rezone 14.787 acres, more or less, being Official
Tax Nos. 4020101, 4020701, 4020801, 4021408, 4021409, 4020815,
4021501 and 4021502, from C-1, Office District, to C-3, Central Business
District, and rezone Official Tax No. 4020814, from LM, Light
Manufacturing District, to C-3~ Central Business District, with Official
Tax No. 4020101 being subject to a certain condition proffered by the
applicant.
(For full text, see report on file in the City Clerk's Office.)
Michael G. Ballantyne, Vice-President for Facility Services,
Carillon Health Systems, appeared before Council in support of the
request.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34491) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 402, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, subject
to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 62, page 243.)
The motion was seconded by Mr. Swain.
The Chair Pro Tem inquired if there were persons present who
would like to address Council with regard to the request.
Mr. Bruce Cusic, 509 Allison Avenue, S. W., representing the
Board of Directors of Old Southwest, Inc., asked if it is worth
destroying the house at 21 Highland Avenue, S. W., for the sake of
providing 19 parking spaces for Carillon Health System.
184
Mr. Ballantyne advised that his client is requesting a zoning
change from C-1 to C-3 which does not address the question of
whether the house will be razed. He stated that preservation of the
house is a paramount issue that was addressed because building plans
do not allow the house to be incorporated on the site, therefor, the
house will be considered as a separate issue. He explained that
connection of a medical office building to the existing campus,
highlighting pediatric services and services to women, is the overall
intent of development.
Ordinance No. 34491 was adopted, on its first reading, by the
following vote:
AYES: Council Members Hudson, Swain, Trout, White and Chair
Pro Tem Wyatt ............................................................................. 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Vice-Mayor Harris were absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, September 20, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Hollins Road
Warehousing, L. L. C., that a tract of land located on the west side of
Hollins Road, N. E., being approximately 15.306 acres located at 3332
Hollins Road, identified as Official Tax No. 3140304, be rezoned from
HM, Heavy Manufacturing District, to LM, Light Manufacturing District,
subject to certain conditions proffered by the petitioner, the matter was
before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Thursday, September 2 and Thursday,
September 9, 1999, and in The Roanoke Tribune on Thursday,
September 9, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to redevelop, remodel and reuse
the existing industrial facility for light manufacturing uses, was before
Council.
ACTION:
185
The City Planning Commission recommended that Council
approve the request for rezoning, and advised that the proposed
redevelopment of the property for light industrial use is reasonable and
desirable in that it provides more opportunity for new industrial
development; the rezoning would be consistent with the City's goal of
protecting industrial land while encouraging appropriate and desirable
new industrial development; and the location of the property in the
Urban Enterprise Zone would be a benefit for a new industrial user.
(For full text, see report on file in the City Clerk's Office.)
David A. McCray, Spokesperson, appeared before Council in
support of the request.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34492) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 314, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 62, page 244.)
The motion was seconded by Mr. Swain.
The Chair Pro Tem inquired if there were persons present who
would like to address Council with regard to the request. There being
none, Ordinance No. 34492 was adopted, on its first reading, by the
following vote:
AYES: Council Members Hudson, Swain, Trout, White and Chair
Pro Tem Wyatt ............................................................................. 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Vice-Mayor Harris were absent.)
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-HABITAT
FOR HUMANITY: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, September 20, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of the City of
Roanoke to convey certain City owned property consisting of 24 vacant
building lots and one drainage lot located in Westview Terrace, the
matter was before the body.
186
Legal advertisement of the public hearing was published in
The Roanoke Times on Sunday, September 5, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
The Chair Pro Tem inquired if there were persons present who
would like to be heard in connection with the matter.
Mr. James Leonard, 1935 Hope Road S. W., raised questions with
regard to the identity of the purchaser and purchase amount of the
property; whereupon, Kit B. Kiser, Director, Utilities and Operations,
advised that the property has not been sold. He explained that the
property was previously advertised for sale; however, no bids were
received and certain minimal requirements were changed. He stated
that the City again advertised the property for bid, three bids were
received as a part of the second advertisement, and the high bid was
submitted by Blue Ridge Housing Development in the amount of
$100,000.00.
Mr. Leonard inquired as to the purchase price of the property by
the City; whereupon, Mr. Kiser responded that the City paid
$352,000.00.
The Chair Pro Tem advised that all remarks would be received
and filed.
SEWERS AND STORM DRAINS-FEE COMPENDIUM-WATER
RESOURCES: The City Clerk having advertised a public hearing for
Monday, September 20, 1999, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the request of the City of Roanoke to establish
a rate schedule for certain water and sewage rates and related charges
for services provided by the City, effective January 1, 2000 and
January 1,2001; and directing amendment of the Fee Compendium, the
matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Sunday, September 5, and Sunday,
September 12, 1999, and in The Roanoke Tribune on Thursday,
September 2 and Thursday, September 9, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the Acting City Manager advising that the 1979
contract between Roanoke City and Roanoke County provided, among
other things, for the transfer of ownership of certain water and sanitary
ACTION:
187
sewer lines and the requirement that the City sell to the County and the
County purchase from the City certain volumes of water; the drought
of 1998 and 1999 has indicated that the 1979 contract needs to be
further revised or replaced with a new agreement; the agreement, in
concept, was reached in accordance with a joint statement issued on
August 11, 1999, between the Mayor of the City of Roanoke and the
Chairman of the Roanoke County Board of Supervisors; and an
increase in water rates, fees and charges of up to 18 per cent, effective
with all bills rendered after January 1, 2000, and an additional amount
of not more than ten per cent, effective with all bills rendered after
January 1, 2001, is necessary to offset the revenue loss from the sale
of water to Roanoke County, to recover the cost of making physical
interconnections between the two water systems and the purchase of
bulk water from the County, Salem, and Vinton during this time of water
supply emergency.
The Acting City Manager recommended that Council authorize
execution of a contract with Roanoke County and adopt a proposed
ordinance increasing water rates.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34493-092099) A RESOLUTION authorizing the execution of an
agreement between the City of Roanoke and the County of Roanoke for
the mutual provision of bulk water, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 62, page 239.)
Mr. Trout moved the adoption of Resolution No. 34493-092099.
The motion was seconded by Mr. Swain.
The Chair Pro Tem inquired if there were persons present who
would like to address Council regarding the matter. There being none,
Ordinance No. 34493-092099 was adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White and Chair
Pro Tem Wyatt ............................................................................. 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Vice-Mayor Harris were absent.)
188
ACTION:
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34494) AN ORDINANCE establishing a rate schedule for certain
water and sewage rates and related charges for services provided by
the City, effective January 1, 2000 and January 1, 2001; and directing
amendment to the Fee Compendium.
(For full text of Ordinance, see Ordinance Book. No. 62, page 246.)
The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Hudson, Swain, Trout, White and Chair
Pro Tem Wyatt ............................................................................. 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Vice-Mayor Harris were absent.)
BONDS/BOND ISSUES-BUDGET-SCHOOLS: The City Clerk
having advertised a public hearing for Monday, September 20, 1999, 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 for passage, a resolution,
approving issuance by the City of its general obligation bond, or bonds,
for the purpose of financing certain capital improvements in connection
with The Roanoke Valley Governor's School, in an amount not to
exceed $3,250,000.00, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Monday, August 30, and Monday, September 6,
1999.
(See publisher's affidavits on file in the City Clerk's Office.)
The Chair Pro Tem inquired if there were persons present who
would like to address Council in connection with the public hearing.
There being none, she advised that the matter would be received and
filed. (See minutes of October 4, 1999, for additional action on the
above described matter.)
BONDS/BOND ISSUES-BUDGET-SCHOOLS: The City Clerk
having advertised a public hearing for Monday, September 20, 1999, 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 for passage, a resolution,
189
approving issuance by the City of its general obligation bond, or bonds,
for the purpose of financing certain capital improvements in connection
with Hurt Park Elementary School, in an amount not to exceed
$1,250,000.00, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Monday, August 30, and Monday, September 6,
1999.
(See publisher's affidavits on file in the City Clerk's Office.)
The Chair Pro Tem inquired if there were persons present who
would like to address Council in connection with the public hearing.
There being none, she advised that the matter would be received and
filed. (See minutes of October 4, 1999, for additional action on the
above described matter.)
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
There being no further business, the Chair Pro Tem declared the meeting
adjourned at 7:30 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
190
ACTION:
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
October 4, 1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
October 4, 1999, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reaular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979),
as amended.
PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris, W. Alvin
Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr. and Mayor David A.
Bowers .......................................................................................................... 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; James D.
Grisso, 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.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain 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. Harris and adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White
and Mayor Bowers ......................................................................................... 7.
NAYS: None .......................................................................................... 0.
(Council Member Trout was out of the Council Chamber.)
ACTION:
191
CITY MANAGER-COUNCIL: A report of the Acting City Manager requesting that
Council convene in a Closed Meeting to discuss 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 Acting City
Manager to convene in a Closed Meeting to discuss 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. Hudson and adopted by the following
vote:
TMON:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White
and Mayor Bowers .......................................................................................... 7.
NAYS: None .......................................................................................... 0.
At 12:20 p.m., the Mayor declared the meeting in recess.
At 1:40 p.m., the meeting reconvened in the City Council Chamber, with all
Members of the Council in attendance, Mayor Bowers presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Swain
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White
and Mayor Bowers .......................................................................................... 7.
NAYS: None ......................................................................................... 0.
At 1:42 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Monday, October 4, 1999, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
192
PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris, W. Alvin
Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr. and Mayor David A.
Bowers .......................................................................................................... 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting 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 Todd
Meyer, Pastor, Acts II Ministry.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
PRESENTATIONS:
ACTS OF ACKNOWLEDGEMENT-CHURCHES: On October 3,
1999, Dr. Charles G. Fuller retired as pastor of Roanoke's First Baptist
Church after serving more than 38 years.
In appreciation of his many years of service to the Roanoke
community, and on behalf of the Members of Council and citizens of the
City of Roanoke, the Mayor presented Dr. Fuller with a framed aerial
view photograph of the Roanoke Valley.
PROCLAMATIONS: The Mayor presented a Proclamation
declaring October 15, 1999, as National Mammography Day, and the
month of October as National Breast Cancer Awareness Month.
(For full text, see Proclamation on file in the City Clerk's Office.)
PROCLAMATIONS: The Mayor presented a Proclamation
declaring October 16, 1999, as "Raise the Roof Day".
(For full text, see Proclamation on file in the City Clerk's Office.)
SCHOOLS: Dr. E. Wayne Harris, Superintendent, Roanoke City
Public Schools, presented an overview of the Performing Arts Program,
and introduced students from the Westside School of Performing and
Visual Arts for special dance presentations.
The Mayor presented each student with a "Star City" hat and
pencil.
193
DIRECTOR OF FINANCE-ACTS OF ACKNOWLEDGMENT-
PENSIONS: The Mayor presented a Certificate of Achievement for
Excellence in Financial Reporting to Ann F. Allen, Manager of
Accounting Services for the City of Roanoke, for the comprehensive
annual financial report for the fiscal year ended June 30, 1998. He
advised that the Certificate is presented by the Government Finance
Officers Association of the United States and Canada and is the highest
form of recognition in the area of governmental accounting and
financial reporting and its attainment represents a significant
accomplishment by a government and its management.
The Mayor also presented a Certificate of Achievement for
Excellence in Financial Reporting to Rosemary Trussell, Retirement
Accountant for the City of Roanoke, which is the highest form of
recognition in Public Employee Retirement System accounting and
financial reporting awarded by the Government Finance Officers
Association.
The Mayor presented James D. Grisso, Director of Finance, with
plaques issued by the Government Finance Officers Association
recognizing the City of Roanoke for the above described achievements.
CITY ATTORNEY-ACTS OF ACKNOWLEDGEMENT: The Mayor
recognized William M. Hackworth, City Attorney, as the incoming
President of the Local Government. Attorneys Association. He
presented Mr. Hackworth with a City Seal paperweight.
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 and consider candidates for the position of City Manager; to
interview candidates for the position of City Manager; and to discuss
personnel matters with regard to vacancies on various authorities,
boards, commissions and committees appointed by the Council.
MINUTES: Minutes of the regular meetings of Council held on
Tuesday, July 6, 1999, and Monday, July 19, 1999, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
194
ACTION:
ACTION:
Mr. White moved that the reading of the Minutes be dispensed
with and that the Minutes be approved as recorded. The motion was
seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ................................................................ 7.
NAYS: None ....................................................................... 0.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers 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. White 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. Swain and adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ................................................................ 7.
NAYS: None .............................. .- ........................................ 0.
YOUTH-PERSONNEL DEPARTMENT-LIBRARIES-COMMUNITY
PLANNING-OATHS OF OFFICE-COMMITTEES: The following reports of
qualification were before Council:
Alyce B. Szathmary as a member of the Youth Services
Citizen Board for a term ending May 31, 2002;
Edward L. Crawford, Jr., as a member of the Personnel
and Employment Practices Commission for a term ending
June 30, 2002;
Roland H. Macher as a member of the Roanoke Public
Library Board for a term ending June 30, 2002; and
ACTION:
195
Evelyn S. Lander as a member of the Roanoke Valley Area
Metropolitan Planning Organization for a term ending
June 30, 2002.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ................................................................ 7.
NAYS: None ....................................................................... 0.
CITY MANAGER-COUNCIL: Mr. Hudson moved that Council
convene in a Closed Meeting to discuss and consider candidates for
the position of City Manager, pursuant to Section 2.1-344 (A)(1), Code
of Virginia (1950), as amended. The motion was seconded by Mr. Swain
and adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ................................................................ 7.
NAYS: None ....................................................................... 0.
CITY MANAGER-COUNCIL: Mr. Hudson moved that Council
convene in a Closed Meeting to interview candidates for the position of
City Manager, pursuant to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended. The motion was seconded by Mr. Swain and
adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ................................................................ 7.
NAYS: None ....................................................................... 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ZONING: Ms. Gloria Dorma, appeared before Council and
requested that the City clearly define the term "multi-family housing"
as to location and number of units in a specific area so as not to create
an "asphalt jungle." She spoke in support of constructing housing
196
units such as duplexes in residential areas throughout the community
that would also meet the criteria for Iow income housing. She referred
to the concentration of multi-family housing in northwest Roanoke, and
requested that the City prepare a neighborhood plan for northwest
Roanoke before any additional multi-family housing is constructed.
Without objection by Council, the Mayor advised that the remarks
of Ms. Dorma would be referred to the Acting City Manager for
appropriate response.
DOWNTOWN NORTH-HENRY STREET REVIVAL COMMITTEE:
R. Craig Balzer, Eldon Carr and Edward Barnett, Architects, appeared
before Council in connection with the proposed development of the
Henry Street area.
Mr. Balzer presented copy of a statement that the above named
architects caused to be published in The Roanoke Times calling
attention to the Henry Street vision that was established approximately
twelve years ago. He stated that for some time, he has worked with
Total Action Against Poverty toward development of the Henry Street
Music Center and efforts by TAP for the Music Center to serve as a
catalyst for future development. He presented a seven minute video
explaining the Henry Street vision which represents what Henry Street
could and should be. He referred to the issue of community-based
planning, and stated that TAP was not contacted by any of the
development group consultants about its vision for the area, therefor,
TAP felt left out of the planning process. He added that the concept of
community based planning provides that those persons who live in a
community are communicated with about the needs of the area, future
connections to the area, and aspirations for the area.
Mr. Barnett inquired if the present plan for Downtown North
addresses the rich cultural, social, economic and institutional history
of Henry Street and has that history been researched and presented in
a comprehensive way and made accessible so that a visit to Henry
Street can be an interesting, entertaining and educational experience.
He asked if the history of the area has been utilized to give Henry Street
an unique sense of place, and will presentation of the history of Henry
Street be used as an educational experience for local school children,
community groups and visitors to the Roanoke Valley, could the
celebration of the historical aspects of Henry Street help to make it a
197
people magnet, and is the proposed theme appropriate for Henry Street
given its cultural history and the fact that nearby sites such as the
Virginia Museum of Transportation and the Railwalk already celebrate
that same history.
Mr. Carr advised that his concerns for the development of Henry
Street focus around economic development and community based
planning. He stated that there does not appear to be any
comprehensive and cohesive master plan for the area of the hotel, GOB
and Henry Street as a center piece project for Roanoke, because one
project occurs and there is no coordination with other projects. He
called attention to the need for a comprehensive and coordinated
planning approach for the area because it is the center of the Roanoke
Valley.
Council Member Wyatt, Member of the Roanoke Neighborhood
Development Corporation, advised that the Henry Street Music Center
in the former Dumas Hotel is owned by Total Action Against Poverty
and on numerous occasions the Executive Director of TAP was
contacted and invited to participate in the project; however, it was his
choice not to participate.
The Reverend Johnny Stone, 1801 Lynn Street, N. W., advised
thatthe Roanoke Neighborhood Development Corporation has done its
job, its meetings have been open to the community, and the master
plan has received community input.
Mr. Kit Kelso, 1207 Gilmer Avenue, N. W., advised that he serves
on the Board of Directors of Total Action Against Poverty with
Mr. Balzer and he also serves on the Board of Directors of the Roanoke
Neighborhood Development Corporation; therefore, there has been
ample opportunity for Mr. Balzer to discuss the development of the
Henry Street area with him as a fellow TAP Board member. He stated
that he is concerned that the Dumas Hotel should be linked with the
overall project; however, the overall concern is to attract people so that
the area will blossom and the proposed Crew Suites Building will bring
people to the area on more than just a nightly basis. He stated that
RNDC is committed to the success of the project.
Ms. Suzanne Osborne, 1702 Blair Road, S. W., advised that her
concern relates to the comprehensive overall plan. She stated that to
date she has been unable to locate in any of the City offices any type
of master plan that shows the Higher Education Center, and renovation
of Henry Street, etc., therefore, some type of master plan is needed in
198
ACTION:
conjunction with RNDC that can be reviewed by the citizens of
Roanoke. She called attention to interest expressed by private citizens
who wish to invest in the area if some type of master plan were made
available for review.
Without objection by Council, the Mayor advised that all remarks
would be received and filed.
PETITIONS AND COMMUNICATIONS:
CITY MANAGER-COUNCIL: A communication from Mayor
David A. Bowers and Council Member Linda F. Wyatt advising that after
several private and individual discussions with other Members of
Council, they are of the opinion that the majority of Council has now
decided who they will support for the position of City Manager, was
before the body. They stated that they disagreed and they are of the
opinion that the matter should be dealt with' publicly as soon as
possible.
(For full text, see communication on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the
communication would be received and filed.
POLICE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT: The
Acting City Manager referred to a communication from Sylvester
Doughty, Jr., Executive Director, Commission on Accreditation for Law
Enforcement Agencies, Inc., advising that the Roanoke City Police
Department has been awarded re-accredited status by the Commission
on Accreditation for Law Enforcement Agencies, Inc. He explained that
the Commission is an independent, non-profit organization, founded by
the following four law enforcement membership associations: The
International Association of Chiefs of Police, the National Organization
of Black Law Enforcement Executives, the National Sheriff's
Association and the Police Executive Research Forum; and the
Commission is comprised of Chiefs of Police, Sheriffs, elected officials
and community leaders appointed by the four founding organizations.
The Acting City Manager further advised that each agency
seeking accreditation must enter the program voluntarily; once eligible,
the agency must meet or exceed all applicable standards contained in
the CALEA's manual of 439 standards; the stated standards address all
areas of administration, operation, and technical support activities;
following a thorough self-assessment, the agency receives a vigorous
ACTION:
199
on-site assessment by a team of assessors trained by CALEA; the
assessors carefully review policy, observe procedures, interview
personnel, and seek public input from the community; the team's final
report forms the basis for a post-assessment hearing before the
Commission; and the three-year award requires an agency's
commitment to maintain compliance with standards and offers an
opportunity for reaccreditation of compliance in the future.
The Mayor expressed appreciation to George C. Snead, Jr.,
Director, Public Safety, and Joseph Gaskins, Chief of Police, for re-
accreditation accomplishments of the Police Department, and
presented a plaque of re-accreditation to Mr. Snead.
TAXES-HARRISON HERITAGE CENTER: A petition from the
Harrison Museum of African American Culture requesting adoption by
Council efa resolution supporting the exemption from taxation of
certain real property located at Rutherford Avenue, N. W.; 319 and 319A
Jefferson Street, and 321 and 323 Jefferson Street in the City of
Roanoke, Official Tax Nos. 2121725, 3012802 and 3012803, pursuant to
Article X, Section 6(a)(6) of the Constitution of Virginia, was before the
body.
(For full text, see petition on file in the City Clerk's Office.)
Mr. White moved that the petition be referred to the Acting City
Manager and to the City Attorney for study, report and recommendation
to Council. The motion was seconded by Mr. Trout and unanimously
adopted.
When the City Manager reports back to Council, Council Member
Swain requested information on the boundaries served by the Harrison
Museum of African American Culture and a schedule of activities of the
Harrison Museum.
TAXES-LEAGUE OF OLDER AMERICANS: A petition from The
League of Older Americans, Inc., requesting that Council adopt a
resolution supporting the exemption from taxation of certain property
located at706 Campbell Avenue, S. W., in the City of Roanoke, pursuant
to Article X, Section 6 (a)(6) of the Constitution of Virginia, was before
the body.
(For full text, see petition on file in the City Clerk's Office.)
200
ACTION:
Mr. Trout moved that the petition be referred to the Acting City
Manager and to the City Attorney for study, report and recommendation
to Council. The motion was seconded by Mr. White and unanimously
adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
SEWERS AND STORM DRAINS: Kit B. Kiser, Director, Utilities
and Operations, introduced a briefing in regard to the Roanoke River
Interceptor Sewer Project, which is one element of a three element
project dealing with expansion of the regional sewage treatment facility
resulting from an agreement entered into in 1994 between the City of
Salem, Roanoke County, Town of Vinton and Botetourt County
providing for major sanitary sewer improvements to the regional
facility. He stated that the Tinker Creek sanitary sewer line interceptor
project has been completed, expansion of the regional Sewage
Treatment Plant from 35 MGD to 62 MGD is about 95 per cent complete
and the third element, which is a nine mile sanitary sewer project from
the Sewage Treatment Plant to the City of Salem with interconnecting
lines to the City of Roanoke and Roanoke County has encountered
difficulty with the horizontal alignment of the proposed new line and the
existing line which has caused the City to take emergency action. He
called upon Philip Schirmer, Roanoke River Interceptor Sewer
Replacement Project Engineer, for an update.
Mr. Schirmer presented an overview of current project status and
discussed a problem that will require* emergency contracts and/or
change orders in which to correct. He stated that the project calls for
construction of approximately ten miles of large diameter sewer that
generally follows the Roanoke River, the project is about 85 per cent
complete and project completion is anticipated to occur in early 2000.
He further stated that the work is being done by two separate contracts
and a problem has been encountered at the Iow water bridge at Wasena
Park near the old Roanoke Ice and Storage building where the new line
is proposed to go in the same location as the existing line. He
explained that an assumption was made that the sewer line ran in a
direct line between adjacent manholes; however, the actual alignment
is different in that when the sewer was installed in the early 1950's, a
kink was placed in the line that was unknown until the excavation
process for the new line was started. He stated'* that the problem was
201
discovered by the construction crew at the time they were preparing for
rock excavation by blasting, and unfortunately, the problem was not
discovered until after the drill holes had been loaded with explosives,
however, the explosives were not detonated. He explained that the
problem area is located immediately adjacent to the upstream
manholes atthe kink in the existing sewer line. He stated that once this
occurred, the first concern was for the safety of the general public and
safety of the construction crews that needed to work on the project,
therefor, the site was immediately isolated with fencing and is now
under 24-hour surveillance. He further explained that the risk of a
detonation is minuscule, the explosives are located 25 feet
underground in solid rock and if they were to detonate, the greatest
damage would be to the existing sewer and a Iow risk to anyone who
might be in close proximity to the blast. He stated that the conclusion
of experts who have examined the situation is that they do not believe
that there is a safe or practical method to retrieve the explosives from
the hole; therefore, the favorable approach at this point appears to be
to construct a new line between the adjoining manholes, divert the
existing sewer into that line and move forward with the proposed line
on its original alignment. He added that other options are under
consideration, approximately 30 days will be added to the construction
schedule, with a potential for another $350,000.00 in project costs.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-ECONOMIC DEVELOPMENT-HOUSING
AUTHORITY: The Acting City Manager submitted a written report
advising that on January 9, 1995, Council authorized a $100,000.00 loan
to Trompeter Brothers, L. C., for renovation of 311, 313, and 315 Market
Street and 24 Church Avenue, S. E., in the H-1 Historic District; the
original loan came from the Economic Development Investment Fund
program account; pursuant to loan guidelines, Trompeter Brothers,
L. C., had to invest another $400,000.00 to rehabilitate the structures
within a five year period or pay the money back plus interest;
Trompeter Brothers, L. C., sold the building in September 1999 after
investing approximately $200,000.00; and on October 1, 1999,
Trompeter Brothers, L. C., reimbursed the City $93,716.34, the
remaining loan balance.
202
It was further advised that O. Sands Woody, Jr., and Marilyn A.
Woody purchased 311, 313 and 315 Market Street and 24 Church
Avenue, S. E.; they propose to renovate the structures at a total cost of
approximately $700,000.00 for restaurant and retail space on the first
floor, an office on part of the second floor, residential on part of the
second and all of the third floor; and a loan agreement with the
following terms has been negotiated by the applicant and the City:
$100,000.00 will be loaned to O. Sands Woody, Jr., and
Marilyn A. Woody to assist in the rehabilitation project.
The interest rate is three per cent, provided the project has
been completed within three years from the date of the
agreement. If the project has not been completed, the
interest rate will increase to 7.5 per cent on the unpaid
balance of the loan.
Repayment of loan, including interest and principal, will
begin on June 1, 2000.
Years one through ten require principal and interest
payments based on a 20-year amortization loan schedule.
The loan will balloon at the end of ten years (payable in
full).
If a minimum of $400,000.00 has not been invested by O.
Sands Woody, Jr., and Marilyn A. Woody within three
years, the loan will be payable in full to the City.
The total investment by O. Sands Woody, Jr., and
Marilyn A. Woody shall not be less than $700,000.00.
The Acting City Manager recommended that he be authorized to
amend the 1999-2000 Annual Update to reflect the public/private
partnership between the City of Roanoke, O. Sands Woody, Jr., and
Marilyn A. Woody and funding for the project, including submission of
appropriate documents to HUD following the public review and
comment period; that he further be authorized to execute a CDBG
Agreement with O. Sands Woody, Jr., and Marilyn A. Woody and
amendments thereto, if necessary, to be approved by the City Attorney,
with any such amendments to be within the limits of the funds
appropriated by Council and for the purposes set forth in the
Agreement for the project; that the Director of Finance be authorized to
increase the CDBG revenue estimate by $86,995.00 in Revenue Account
ACTION:
ACTION:
No. 035-035-1234-0016 and appropriate $86,995.00 to Expenditure
Account No. 035-G00-0030-5347 (311-315 Market Street Project); and
further authorize the Director of Finance to transfer $13,005.00 from
Account No. 035-098-9840-5189 (Unprogrammed CDBG funds) to
Account No. 035-098-9830-5347 (311 - 315 Market Street Project), for a
total cost of $100,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34495-100499) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 247.)
Mr. Trout moved the adoption of Ordinance No. 34495-100499.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, 'Harris, Hudson, Swain, Trout,
White and Mayor Bowers ................................................................ 7.
NAYS: None ....................................................................... 0.
Mr. Trout offered the following resolution:
(#34496-100499) A RESOLUTION authorizing the City Manager to
amend the Annual Update of the Entitlement Consolidated Plan for FY
1999-2000, and to execute documents in connection with said
amendment; and authorizing execution of an Agreement with O. Sands
Woody, Jr., and Marilyn A. Woody.
(For full text of Resolution, see Resolution Book No. 62, page 248.)
Mr. Trout moved the adoption of Resolution No. 34496-100499.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ................................................................ 7.
NAYS: None .............................. - ........................................ 0.
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BUDGET-VIRGINIA'S FIRST REGIONAL FACILITY AUTHORITY:
The Acting City Manager submitted a written report advising that the
Virginia Regional Industrial Facilities Act, approved by the General
Assembly in 1997, made the concept of regional parks a reality under
Virginia law, allowing multiple local jurisdictions in the New Century
Region to enter into Agreement and to form industrial facility
authorities; Council Member and Chairman of the Economic
Development Commission, James O. Trout, and Phillip F. Sparks,
former Chief of Economic Development, were appointed to represent
the City on a Study Committee for the proposed Authority in January,
1998; Virginia's First Regional Industrial Facility Authority was formed
by Agreement on September 1, 1998, with the following members:
Bland County, Craig County, Giles County, Montgomery County,
Pulaski County, Roanoke County, Wythe County, Radford City, Roanoke
City, Salem City, Town of Christiansburg, Town of Dublin, Town of
Narrows, Town of Pearisburg and Town of Pulaski; an initial $5,000.00
fee was established for localities participating in the Authority, with
any future fees and/or assessments to be capped collectively at
$5,000.00 per year to cover initial startup costs, such as legal fees,
support staff, and related functions, and Council has approved this
level of participation; and the Industrial Facilities Act established by the
General Assembly made no provision for a locality to withdraw under
any circumstances from Virginia's First Regional Industrial Facility
Authority once membership has been established.
It was further advised that the Authority and participating
jurisdictions have identified the development of the New River Valley
Commerce Park, located near the New River Valley Airport in Pulaski
County as the initial project; the Pulaski County Board of Supervisors
has agreed to purchase all outstanding shares of stock after the Round
2 offering has been completed; Virginia's First Regional Industrial
Facility Authority has approved the New River Valley Commerce Park
Participation Agreement - Initial Phase; the participating jurisdictions
voted on September 22, 1999, to recommend that participating localities
approve the Agreement and appropriate funding; among other things,
the Participation Agreement provides for an offering of 150,000 shares
of stock, with participating localities being able to purchase up to
10,000 shares in Round 1 at a projected cost of $2.75 per share with the
annual cost projected to be $27,500.00; Roanoke City may initially
purchase 10,000 shares and the annual cost is projected to be
$27,500.00; the offering share price shall include payment of annual
debt service, including financing costs and expenses and
administration costs and expenses for the committee to operate the
project; there will be two loans, one for ten years and one for forty; the
initial commitment sets a higher price per share, $2.75, for the first ten
years in order to pay both loans; and participation costs after the first
ten years will depend on financing terms, but participants will pay until
the debt is satisfied.
ACTION'
The Acting City Manager recommended that Council approve the
Participation Agreement which will be the same or substantially similar
to an agreement attached to the report; that the Mayor be authorized to
execute the Participation Agreement in a form substantially similar to
the agreement attached to the report and approved as to form by the
City Attorney; approve the purchase of 10,000 shares at $2.75 per
share, at a projected cost of $27,500.00; approve appropriation of
$27,500.00 from Account No. 001-002-9410-2199 (Contingency Account)
to Account No. 001-002-7220-3789 (Development of New River Valley
Commerce Park); and the projected amount of $27,500.00 per year for
the next nine years will have to be included in adopted budgets.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34497-100499) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 249.)
Mr. Trout moved the adoption of Ordinance No. 34497-100499.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member White was out of the Council Chamber.)
Mr. Trout offered the following emergency ordinance:
(#34498-100499) AN ORDINANCE authorizing the City of
Roanoke's participation in the New RiverValley Commerce Park Project
(Project); approving the Participation Agreement for that Project;
authorizir~g the Mayor to execute the Participation Agreement;
authorizing the purchase of 10,000 shares in Phase 1 of the Project;
authorizing the City Manager to take such further action and provide
206
ACTION:
such documentation as may be necessary in connection with the City's
participation in the Project to the extent set forth herein; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 250.)
Mr. Trout moved the adoption of Ordinance No. 34498-100499.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member White was out of the Council Chamber).
BUDGET-PUBLIC WORKS: The Acting City Manager submitted
a written report advising that the Virginia Department of Environmental
Quality (DEQ) notified the City of Roanoke in late July 1997 of a report
of possible unauthorized disposal of waste materials at the City's
Public Works Service Center property on Courtland Road, N. E.; and
subsequent investigations determined the presence of some buried
drums of paint-like and tar-like products and solvents, and also
quantities of inorganic material (broken pipe, guardrails, crushed empty
barrels, etc.)
It was further advised that excavated materials have been
removed from the site and sent to proper disposal locations; the City
continues to work with DEQ and the federal Environmental Protection
Agency (EPA) to complete investigations and to develop a mutually
acceptable plan for addressing all issues which have arisen during the
course of the matter; it is expected to be a number of months until the
matter is brought to a close; environmental studies, legal services,
disposal fees, consultant and expert fees, and related expenses paid
through August 1999 amount to approximately $810,000.00;
approximately $475,000.00 in additional funding is needed to pay for
services already rendered and/or currently anticipated for the
remainder of this fiscal year; and $477,911.00 has been included in
General Fund Transfer to Capital in the recently adopted budget to pay
the costs estimated to be incurred during this fiscal year.
The Acting City Manager recommended that Council authorize
transfer of $477,911.00 from General Fund, Account No. 001-004-9310-
9508, to Capital Projects Fund, Account No. 008-052-9670-9003,
ACTION:
207
Environmental Issues - Public Works Service Center, for environmental
studies, legal services, consultant and expert fees, and related
expenses.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34499-100499) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 251.)
Mr. Trout moved the adoption of Ordinance No. 34499-100499.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member White was out of the Council Chamber).
SEWERS AND STORM DRAINS-BUDGET-CONSULTANTS
REPORTS-REFUSE COLLECTION: The Acting City Manager submitted
a written report advising that in fiscal year 1995-96, joint work sessions
involving Roanoke City and Roanoke County staff targeted four key
areas for possible regional provision of services and Solid Waste
Management was one of the four areas; in March 1996, the Roanoke
City Council and the Roanoke County Board of Supervisors endorsed
the concept of studying regional solid waste collection service delivery;
discussions were tabled between the City of Roanoke and the County
of Roanoke until the City fully implemented an automated/semi-
automated solid waste collection system to be consistent with Roanoke
County; the City of Roanoke fully implemented automated/semi-
automated residential solid waste collection during fiscal year 1998 and
fiscal year 1999; City staff continues to refine the service delivery
system, focusing on ways to minimize the number of semi-automated
customers; and in 1999, the City of Roanoke, the County of Roanoke,
and the Town of Vinton formed a task force to resume discussions on
the issue of regionalizing solid waste management.
208
It was further advised that in an effort to expedite the work of the
task force and to maintain objectivity, the localities jointly decided to
issue a Request for Proposal (RFP) for the following professional
services:
Evaluate current solid waste collection practices to
include residential and commercial collection, recycling,
bulk item and bulk brush collection, homeowners' and
freeloader program and season programs, such as leaf
collection and Christmas tree collection;
Develop a cost model for the existing service system;
Identify strategies to improve services without regional
service delivery; and
Identify strategies to improve current services with a
regional approach.
It was noted that proposals were received and evaluated by an
Evaluation Committee composed of Task Force members and the firm
of R. W. Beck was ranked number one by the Evaluation Committee;
and a best and final price proposal of $80,740.00 was negotiated with
R. W. Beck, Inc., in the amount of $80,740.00.
The Acting City Manager recommended that he be authorized to
accept the proposal of R. W. Beck, Inc., to perform a comprehensive
solid waste management study and award a contract, in a form to be
approved by the City Attorney, at a cost of $80,740.00; that Council
appropriate funds in the amount of $80,740.00 from Management
Services Fund Retained Earnings to Management Services - Fees for
Professional Services (Account No. 015-002-1617-2010), and establish
account receivables in the total amount of $46,829.00 for payments to
be received from other project participants; and that all other proposals
be rejected.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34500-100499) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Management Services Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 252.) - -
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34500-100499.
The motion was seconded by Mr. Swain and adopted by the following
vote:
ACTION:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member White was out of the Council Chamber).
Mr. Trout offered the following emergency ordinance:
(#34501-100499) AN ORDINANCE accepting the proposal of R.W.
Beck, Inc., to perform a Comprehensive Solid Waste Management
Study, awarding a contract therefor and authorizing the proper City
officials to execute the requisite contract for such services; rejecting
all other proposals made to the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book. No. 62, page 254.)
Mr. Trout moved the adoption of Ordinance No. 34501-100499.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member White was out of the Council Chamber).
POLICE DEPARTMENT-SCHOOLS: The Acting City Manager
submitted a written report advising that the Commission on
Accreditation for Law Enforcement Agencies (CALEA) recently
assessed the Roanoke Police Department and requested that the Police
Department provide formal training for newly promoted personnel; the
Police Department has implemented a policy requiring all newly
promoted first line supervisors to complete supervisory training
proximate to their promotion; CALEA will monitor compliance; and
supervisory training is now needed for a number of recently promoted
personnel.
210
ACTION:
It was further advised that the Police Department has researched
and assessed firms and associations that provide "First Line
Supervision" training; all state certified police training academies
utilize outside trainers and training programs; the Roanoke City Police
Department has determined that the International Association of Chiefs
of Police (IACP) is the most applicable and reputable training resource;
IACP has tentatively agreed to provide training for 30 Roanoke City
Police Department supervisors for three days (24 hours) for $7,810.00;
and IACP would conduct the training at the Roanoke Police Academy
facility.
The Acting City Manager recommended that Council authorize a
contract with the International Association of Chiefs of Police (IACP) to
provide First Line Supervision Training and further authorize the Acting
City Manager to enter into a contract with the IACP to provide First Line
Supervision Training for 20 of the most recently promoted Roanoke
Police Department first line supervisors, which includes a provision
whereby the City of Roanoke will agree to indemnify and hold harmless
the IACP, as requested.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34502-100499) A RESOLUTION authorizing a contract with the
International Association of Chiefs of Police to provide first line
supervision training for supervisors in the Roanoke City Police
Department.
(For full text of Resolution, see Resolution Book No. 62, page 255.)
Mr. Trout moved the adoption of Resolution No. 34502-100499.
The motion was seconded by Mr. Hudson. ~
Council Members Swain and Hudson inquired as to the legality
of an employment contract between the City of Roanoke and certain
local law enforcement personnel.
Council Member Hudson expressed concern regarding the high
turnover rate of positions in the Police Department, especially senior
officers, and requested a follow up response by the Acting City
Manager.
211
Council Member Trout inquired as to an alleged shortage of
school resource officers atWilliam Fleming High School and requested
a follow up response by the Acting City Manager.
Council Member Swain inquired, if there is a school resource
officer assigned to the Noel C. Taylor Alternative Learning Center.
Council Member Trout inquired as to the feasibility and cost of
training law enforcement personnel through the FBI training program.
In view of the number of questions raised by the Members of
Council, the Mayor requested that Council be provided with a briefing
at a future Council meeting.
Resolution No. 34502-100499 was adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ............................................................... 7.
NAYS: None ........................................................................ 0.
CITY ATTORNEY:
BONDS/BOND ISSUES-SCHOOLS: The City Attorney submitted
a written report transmitting two resolutions authorizing the issuance
of general obligation bonds to fund capital improvements to the
Roanoke Valley Governor's School, in the amount of $3,250,000.00, and
to fund improvements to Hurt Park Elementary School, in the amount
of $1,250,000.00. He explained that a public hearing was held on the
proposed issuance of bonds at a regular meeting of Council on
Monday, September 20, 1999.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34503-100499) A RESOLUTION authorizing the issuance of not
to exceed $1,250,000.00 General Obligation School Bonds of the City
of Roanoke, Virginia, Series 1999-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. 62, page 256.)
21'2
ACTION:
ACTION:
ACTION:
Mr. Trout moved the adoption of Resolution No. 34503-100499.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ................................................................ 7.
NAYS: None ....................................................................... 0.
Mr. Trout offered the following resolution:
(#34504-100499) A RESOLUTION authorizing the issuance of not
to exceed $3,250,000.00 General Obligation School Bonds of the City
of Roanoke, Virginia, Series 1999-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. 62, page 268.)
Mr. Trout moved the adoption of Resolution No. 34504-100499.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ................................................................ 7.
NAYS: None ....................................................................... 0.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the month of August, 1999.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the
Financial Report would be received and filed.
REPORTS OF COMMITTEES:
ROANOKE CIVIC CENTER: Council Member Carroll E. Swain,
Chairperson, Bid Committee, presented a written report on behalf of the
Committee, in connection with bids received by the City for
refurbishing the existing sign at the Roanoke Civic Center.
ACTION:
213
It was advised that the project consists of the following: removal
of the top portion of the sign, removal of the interior lighting and all
wiring and controls connected with operation, removal of the name of
the sponsor from the bottom of the sign to be replaced with blank metal
panels, and repainting the refurbished sign.
The Bid Committee recommended that Council authorize the
Acting City Manager to enter into a contractual agreement, in a form to
be approved by the City Attorney, with Acken Signs, Inc., of Bluefield,
Virginia, in accordance with contract documents as prepared by the
Office of the City Engineer, in the amount of $85,046.00 and 100
consecutive calendar days construction time; and that all other bids
received by the City be rejected.
The Acting City Manager submitted a written report concurring
in the recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency ordinance:
(#34505-100499) AN ORDINANCE accepting the bid of Acken
Signs, Inc., to refurbish the Civic Center sign, 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. 62, page 278.)
Mr. Swain moved the adoption of Ordinance No. 34505-100499.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ................................................................ 7.
NAYS: None ....................................................................... 0.
TRAFFIC-BUDGET: Council Member Carroll E. Swain,
Chairperson, Bid Committee, presented a written, report on behalf of the
Committee, in connection with bids received by the City for traffic
signalization at Brambleton Avenue and Overland Road, S. W.
21'4
ACTION:
It was advised that the intersection of Brambleton Avenue and
Overland Avenue, S. W., was identified in the latest bond referendum
as a location for which traffic signalization would be implemented with
bond funds; whereupon, the Bid Committee recommended that Council
take the following actions:
Authorize the Acting City Manager to execute a unit price
contract with H. & S. Construction Company, in the
amount of $172,728.05, with 120 calendar days for
completion and a project contingency of $21,500.00
($4?000.00 for inspection and construction administration).
Transfer $186,928.00 from the sale of Series 2000 Bond,
Account No. 008-052-9709-9191 to Account No. 008-052-
9570-9001, Seven New Traffic Signals.
Appropriate $7,300.00 from Bell Atlantic, Inc., for utility
adjustments and establish a receivable in the same
amount.
Adopt a resolution declaring the City's intent to reimburse
itself $186,928.00 from the proceeds of the sale of Series
2000 general obligation bonds; the maximum principal
amount of debt expected to be issued for the Brambleton
Avenue and Overland Road, S. W. Signalization Project is
$186,928.00.
Reject all other bids received by the City.
The Acting City Manager submitted a written report concurring
in the recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34506-100499) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 279.)
Mr. Swain moved the adoption of Ordinance No. 34506-100499.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
215
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ................................................................ 7.
NAYS: None ....................................................................... 0.
Mr. Swain offered the following emergency ordinance:
(#34507-100499) AN ORDINANCE accepting the bid of H. & S.
Construction Company for traffic signalization at Brambleton Avenue,
S. W. and Overland Road, S. W., 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. 62, page 280.)
Mr. Swain moved the adoption of Ordinance No. 34507-100499.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ................................................................ 7.
NAYS: None ....................................................................... 0.
Mr. Swain offered the following resolution:
(#34508-100499) A RESOLUTION declaring the City's intent to
reimburse itself from the proceeds of its general obligation public
improvement bonds authorized to be issued pursuant to Ordinance No.
33497-072197, adopted July 21, 1997, for certain expenditures to be
made for traffic signalization at Brambleton Avenue, S. W. and Overland
Road, S. W.; and providing for an effective date.
(For full text of Resolution, see Resolution Book No. 62, page 281.)
Mr. Swain moved the adoption of Resolution No. 34508-100499.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ................................................................ 7.
NAYS: None ....................................................................... 0.
21'6
SEWERS AND STORM DRAINS-EASEMENTS-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 a variable width drainage
easement across certain property needed in connection with
construction of the Blue Ridge Park for Industry Project, Official Tax
No. 5210108, from Trent Plumbing and Heating, Inc.
A staff report advised that drainage problems are ranked and
added to the Capital Improvement Program (ClP) Drainage Program in
order to address problems in a fair manner; Council approved
acquisition of property rights for the Capital Improvements Program
(CIP) Drainage Program on March 1, 1999, pursuant to Ordinance No.
34201-030199, and the Blue Ridge Park for Industry was included in the
program; and plans for the Blue Ridge Park for Industry are nearing
completion, with development of the final plans revealing the need for
an additional variable width drainage easement on property owned by
Trent Plumbing and Heating, Inc., identified as Official Tax No. 5210108.
The Water Resources Committee recommended that Council
authorize acquisition of property rights from Trent Plumbing and
Heating, inc., in a form to be approved by the City Attorney; said
property rights may be acquired by negotiation or eminent domain, and
include permanent easements, temporary construction easement,
licenses or right-of-entry permits, etc.; and authorize the Acting City
Manager to execute the necessary documents, in a form to be approved
by the City Attorney, to acquire the easement.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency ordinance:
(ft34509-100499) AN ORDINANCE providing for the acquisition of
a variable width drainage easement across property identified as Tax
No. 5210108, authorizing the proper City officials to execute and attest
any necessary documents for this acquisition; providing for the City's
acquisition of such property rights by condemnation, under certain
circumstances; authorizing the City to make motion for the award of a
right of entry on any of the parcels for the purpose of commencing the
project; upon certain terms and conditions; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 282.)
ACTION:
Ms. Wyatt moved the adoption of Ordinance No, 34509-100499.
The motion was seconded by Mr. Trout and adopted by the following
vote:
ACTION'
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ................................................................ 7.
NAYS: None ....................................................................... 0.
EASEMENTS-APPALACHIAN POWER COMPANY-WATER
RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water
Resources Committee, presented a written report on behalf of the
Committee, with regard to granting an overhead and underground
easement across City-owned property located in the Roanoke Centre
for Industry and Technology to Appalachian Power Company.
A staff report advised that land conveniently located to Route 460
East was acquired for industrial development in 1989, now known as
the Roanoke Centre for Industry and Technology (RClT); roadways and
utilities have been extended to serve the various parcels as they have
been developed; electric service needs to be extended to serve the
remaining parcels in the RCIT expansion area now under development;
and an overhead and underground easement across City-owned
property has been requested by Appalachian Power Company to
accommodate the necessary facilities.
The Water Resources Committee recommended that Council
schedule a public hearing for October 20, 1999, and lacking any
comments to the contrary, authorize execution of the appropriate
document granting an overhead and underground easement across
City-owned property to Appalachian Power Company, said easement
shall be for the purpose of extending electric power lines to serve the
remaining parcels on Blue Hills Drive.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt moved that Council concur in the recommendation of
the Water Resources Committee to hold a public hearing on
Wednesday, October 20, 1999, 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. Trout and unanimously adopted.
EASEMENTS-CITY PROPERTY-BELL ATLANTIC-VA., INC.-WATER
RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water
Resources Committee, presented a written report on behalf of the
21:8
ACTION:
Committee, with regard to granting an.easement across City-owned
property to Bell Atlantic-Virginia, Inc., in connection with the
Brambleton Avenue/Overland Road, S. W., signalization project.
A staff report advised that traffic signal plans and specifications
have been completed for the intersection of Brambleton Avenue and
Overland Road, S. W.; property adjacent to the intersection is owned by
the City, and identified as Official Tax No. 1360301; installation of the
signal will require relocation of Bell Atlantic's existing underground
conduit; and an easement across City-owned property has been
requested by Bell Atlantic in order to relocate its underground conduit.
The Water Resources Committee recommended that Council
schedule a public hearing for October 20, 1999, and lacking any
comments to the contrary, authorize execution of the appropriate
document, in a form to be approved by the City Attorney, granting an
easement to Bell Atlantic - Virginia, Inc. across City-owned property.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt moved that Council concur in the recommendation of
the Water Resources Committee and hold a public hearing on
Wednesday, October 20, 1999, 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. Trout and unanimously adopted.
EASEMENTS-CITY PROPERTY-WATER RESOURCES: Council
Member Linda F. Wyatt, Chairperson, Water Resources Committee,
presented a written report on behalf of the Committee, with regard to
granting an easement across City-owned property located at Carvins
Cove to Norma Jean Sigmon for the purpose of ingress and egress.
A staff report advised that the City has acquired land located in
the Carvins Cove Watershed for many years to protect the watershed;
as a result, the City has extensive holdings~ in Roanoke County
surrounding Carvins Cove; property adjacent to City-owned property is
owned by Norma Jean Sigmon; an easement across City-owned
property has been requested by Michael Smeltzer, Attorney, on behalf
of the owner of the Sigmon property; and a proposed easement would
allow the property owner to construct a driveway to improve access to
the property.
ACTION:
219
The Water Resources Committee recommended that Council
schedule a public hearing for October 20, 1999, and lacking any
comments to the contrary, authorize execution of the appropriate
document, in a form to be approved by the City Attorney, granting an
easement to Norma Jean Sigmon across City-owned property.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt moved that Council concur in the recommendation of
the Water Resources Committee and hold a public hearing on
Wednesday, October 20, 1999, 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. Trout and unanimously adopted.
PURCHASE/SALE OF PROPERTY-FLOOD
REDUCTION/CONTROL-INDUSTRIES: Kit B. Kiser, Chairperson, Flood
Plain Committee, presented a written report on behalf of the Committee,
in connection with acquisition of a small parcel of land owned by
Industrial Development and Investment Co., which is needed in
connection with the Roanoke River Flood Reduction Project.
A staff report advised that the City of Roanoke has an established
environmental policy of not acquiring property interests (including
easements) in a property containing known hazardous waste material;
the City previously removed the Industrial Development & Investment
Co. property (Tax Map No. 4250301) from the project due to a known
hazardous material dump site located on part of the property; and the
Corps of Engineers stated by letter dated June 17, 1999, that a
proposed bench cut located on part of the property is required to keep
the project's benefit/cost ratio above 1/1.
It was further advised that the proposed bench cut would require
use of an approximate five acre parcel of land from a 73.6 acre parcel
belonging to Industrial Development and Investment Company; the area
within the proposed parcel appears to be environmentally "clean", but
the City's environmental consultant recommends that some additional
testing ba performed to complete a Phase 2 environmental site
assessment prior to acquisition; the City is completing the
recommended Phase 2 environmental site assessment (ESA) for the
proposed parcel; if the ESA is favorable for the needed parcel,
established environmental policy regarding hazardous material may be
able to be complied with and the City would then be ready to acquire
220
ACTION:
the required property interests for the project; and the proposed
method of acquisition is to subdivide the large industrial site to
partition offthe small parcel needed for the flood reduction project and
then acquire an easement interest, if possible, or, if not, in fee simple.
The Water Resources Committee recommended that Council
authorize the Acting City Manager to proceed with acquisition of the
small parcel of land owned by Industrial Development and Investment
Co. (part of Official Tax No. 4250301) if no hazardous materials are
found, since the parcel of land is required for the Roanoke River Flood
Reduction Project; and the cost of obtaining the needed parcel of land
has been previously approved by Council pursuant to Ordinance No.
29733-091189.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency ordinance:
(#34510-100499) AN ORDINANCE authorizing the City Manager to
proceed with the acquisition of a property interest in a small portion of
a parcel of land owned by Industrial Development & Investment Co.,
provided that there are no hazardous materials found on the portion to
be obtained by the City; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 284.)
Mr. Swain moved the adoption of Ordinance No. 34510-100499.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ................................................................ 7.
NAYS: None ....................................................................... 0.
PURCHASE/SALE OF PROPERTY-INDUSTRIES-FLOOD
REDUCTION/CONTROL-WATER RESOURCES: Kit B. Kiser,
Chairperson, Flood Plain Committee, presented a written report on
behalf of the Committee, with regard to the Residential Acquisition
Policy for the Roanoke River Flood Reduction Project.
A staff report advised that in the City's original intent for
acquisition of property for the Roanoke River Flood Reduction Project,
no residential homes were intended for removal; since establishing the
City's original intent for the Project, the City has established a new
221
program designed to purchase flood-prone homes, the City of Roanoke
Floodplain Management Acquisition Policy, dated February 16, 1999,
pursuant to Ordinance No. 34199-030199; within the past three years,
the City has purchased more than 35 homes under the volunteer
program which allows the owners an opportunity to move out of harm's
way; the original design for the Roanoke River Flood Reduction Project
did not include removing portions of the pavement in the 1300 block of
Piedmont Street; during preparation of final construction plans, the
Corps of Engineers determined that some of the pavement for
Piedmont Street will need to be removed in order to place the bench cut
in this area; construction of the proposed recreation trail in this area
would remove the remainder of Piedmont Street in front of the homes
located at 1302, 1306, and 1312; and since these homes would no
longer have viable street access, the current project would require their
purchase and removal.
It was further advised that the properties located at 1302, 1306,
and 1312 Piedmont Street are currently located within the floodway and
will remain in the floodway following completion of the Roanoke River
Flood Reduction Project; the floodway is the most dangerous portion
of the floodplain since it is the area of the highest depths and
velocities; current City ordinances do not allow the construction of any
buildings in the floodway; all three properties would need to be
purchased or none would be obtained by the City; and moving the
proposed recreation trail down onto the bench cut area would allow
street access to be maintained for these homes but would make the
recreation trail vulnerable to flooding and deposits of mud and debris;
however, if Piedmont Street was reconstructed in its existing location,
the street could be used as an alternate route for this section of trail
when it was flooded or obstructed by debris.
The Flood Plain Committee recommended that Council authorize
the abovedescribed changes and further authorize the Acting City
Manager to change the original intent regarding the purchase and
removal of residential houses and relocation of property owners at
1302, 1306 and 1312 Piedmont Street for the Roanoke River Flood
Reduction Project; authorize the Acting City Manager to contact the
three property owners (Official Tax Nos. 4040701, 4040702 and
4040703) regarding voluntary sale of their properties to allow removal
or demolition of the three houses for construction of the proposed
bench cut and recreational trail; if all three of the property owners are
agreeable to the voluntary sale of their properties, the City would
purchase the three properties and the three flood-prone houses would
be removed by demolition or would be allowed to be moved; the three
property owners would be relocated and the City would retain fee
222
ACTION:
simple ownership of the cleared properties; if any of the three property
owners are not agreeable to the voluntary sale of their properties, none
of the properties would be purchased and the recreational trail would
be relocated down onto the bench cut; and the purchase price of the
three properties and the cost of relocation of the property owners will
be subject to approval by Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency ordinance:
(#34511-100499) AN ORDINANCE authorizing the City Manager to
contact and to attempt to purchase residential houses and property
located at 1302, 1306 and 1312 Piedmont Street in the City of Roanoke;
provided that all three properties can be obtained voluntarily;
authorizing the City Manager to determine the cost of the relocation of
the property owners or tenants at those locations and for the
demolition or removal of the three structures at those locations, all for
the purposes of the Roanoke River Flood Reduction Project; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 285.)
Mr. Swain moved the adoption of. Ordinance No. 34511-100499.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ................................................................ 7.
NAYS: None ....................................................................... 0.
UNFINISHED BUSINESS:
PURCHASE/SALE OF PROPERTY-
SIGNSIBILLBOARDSIAWNINGS-HOUSINGIAUTHORITY: The Acting City
Manager submitted a written report advising that at the June 7 Council
meeting, Ordinance No. 34302, authorizing acceptance of a donation
and conveyance of certain property identified as Official Tax No.
2022611, located on McDowell Avenue, N. W., to the City from the
Roanoke Redevelopment and Housing Authority for construction of a
new sign at the entranceway of Historic Gainsboro District, was tabled
ACTION:
223
for further discussion with representatives of Historic Gainsboro
relative to the wording on the existing and proposed signs and its
implications to the community as well as to the Gainsboro residents,
the matter was again before the body.
It was further advised that City staff met with representatives of
the Historic Gainsboro Preservation District, Inc., and the Gainsboro
Neighborhood Alliance; despite the fact that everyone in the Gainsboro
neighborhood is not in agreement with the installation of any of these
identification signs, the installation of this third and last sign would
complete the delineation of the Gainsboro neighborhood area to not
only the residents and landowners of this part of the City, but to the
entire community as well.
The Acting City Manager requested that the property be accepted
from the Housing Authority by the City so that the third and final sign
may be installed.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Ordinance No. 34302 be taken from the
table. The motion was seconded by Mr. Swain and unanimously
adopted.
Mr. Trout offered the following ordinance for its second reading
and final adoption:
(#34302-100499) AN ORDINANCE authorizing the acceptance of
a donation and conveyance of certain property identified by Roanoke
City Tax No. 2022611, located on McDowell Avenue, N. W., to the City
from the Roanoke Redevelopment and Housing Authority for the
construction of a new sign at the entranceway of Historic Gainsboro
District, authorizing preparation of the appropriate documents, upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 240.)
Mr. Trout moved the adoption of Ordinance No. 34302-100499.
The motion was seconded by Mr. Swain.
Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that the
recommendation flies in the face of the City's rules and regulations
pertaining to the word "historic". She stated that it is time for City
administrators, Council Members and citizens to be aware of the
history behind the historic Gainsboro monument currently existing at
224
the Wells Avenue location, and certain organizations and persons
outside of the Gainsboro community were responsible for such
monuments to the detriment and partial destruction of Roanoke's
oldest neighborhood. She added that it is time for a complete open and
participatory government process so that all Gainsboro residents are
given an opportunity to voice their opinions and to make decisions
about what goes on in their neighborhood. She stated that the
proposed sign is not appropriate, it portrays a false image, it is
uninviting and does not enhance the City or the Gainsboro community
and the $40,000.00 should be used to help people rather than to soothe
the misplaced pride of some persons.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., inquired as to the
proposed wording for the sign and how many residents were involved
in discussions with City staff. She stated that City staff was directed
to meet with other residents within the Gainsboro community and to
her knowledge that was not done and not all residents of the Gainsboro
community support the construction of the proposed sign. She
requested that action on the matter be tabled until City staff has met
with residents of the Gainsboro area so that all citizens are briefed on
the proposed sign, otherwise, the sign is a farce because the entire
Gainsboro community has not been designated as eligible for historic
designation.
Ms. Wyatt offered a substitute motion that Ordinance No. 34302
again be tabled.
The substitute motion failed for lack of a second.
Ordinance No. 34302-100499, on its second reading, was adopted
by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: Council Member Wyatt .............................................. 1.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
STREETS AND ALLEYS: Ordinance No. 34490, permanently
vacating, discontinuing and closing a certain 0.053-acre, more or less,
portion of Highland Avenue, S. E., extending from Jefferson Street to
a terminal point at the westerly line of Official Tax No. 4021501, having
ACTION:
225
previously been before the Council for its first reading on Monday,
September 20, 1999, read and adopted on its first reading and laid over,
was again before the body, Mr. Trout offering the following for its
second reading and final adoption:
(#34490-100499) AN ORDINANCE permanently vacating,
discontinuing and closing certain public right-of-way in the City of
Roanoke, Virginia, as more particularly described as hereinafter.
(For full text of Ordinance, see Ordinance Book No. 62, page 241.)
Mr. Trout moved the adoption of Ordinance No. 34490-100499.
The motion was seconded by Mr. Swain and adopted by the following
vote:
ACTION:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ................................................................ 7.
NAYS: None ....................................................................... 0.
ZONING: Ordinance No. 34491, rezoning 14.787-acres, more or
less, comprised of eight parcels of land, located south of Elm Avenue,
S. W., between Jefferson Street and Williamson Road, described as
Official Tax Nos. 4020101, 4020701, 4020801, 4021408, 4021409,
4020815, 4021501,4021502 and 4020814 from C-1, Commercial District,
and LM, Light Manufacturing District, to C-3, Central Business District,
with Official Tax No. 4020101 being rezoned subject to certain proffered
conditions set out in a petition filed in the Office of the City Clerk on
August 5, 1999, having previously been before the Council for its first
reading on Monday, September 20, 1999, read and adopted on its first
reading and laid over, was again before the body, Mr. Trout offering the
following for its second reading and final adoption:
(#34491-100499) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 402, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 62, page 243.)
Mr. Trout moved the adoption of Ordinance No. 34491-100499.
The motion was seconded by Mr. Swain and adopted by the following
vote:
226
ACTION:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ................................................................ 7.
NAYS: None ....................................................................... 0.
ZONING: Ordinance No. 34492, rezoning a certain 15.306-acre
tract of land located at 3332 Hollins Road, N. E., Official Tax No.
3140304, from HM, Heavy Manufacturing District, to LM, Light
Manufacturing District, pursuant to a petition filed in the Office of the
City Clerk on July 9, 1999, having previously been before the Council
for its first reading on Monday, September 20, 1999, read and adopted
on its first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
(#34492-100499) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 314, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 62, page 244.)
Mr. Trout moved the adoption of Ordinance No. 34492-100499.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ............................................................... -7.
NAYS: None ....................................................................... 0.
SEWERS AND STORM DRAINS-FEE COMPENDIUM-WATER
RESOURCES: Ordinance No. 34494, establishing a rate schedule for
certain water and sewage rates and related charges for services
provided by the City, effective January 1, 2000, and January 1, 2001;
and directing amendment of the Fee Compendium, having previously
been before the Council for its first reading on Monday, September 20,
1999, read and adopted on its first reading and laid over, was again
before the body, Mr. Trout offering the following for its second reading
and final adoption:
(#34494-100499) AN ORDINANCE establishing a rate schedule for
certain water and sewage rates and related charges for services
provided by the City effective January l, 2000 and January 1, 2001; and
directing amendment to the Fee Compendium.
(For full text of Ordinance, see Ordinance Book No. 62, page 246.)
ACTION:
227
Mr. Trout moved the adoption of Ordinance No. 34494-100499.
The motion was seconded by Mr. Swain and adopted by the following
vote:
ACTION:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ................................................................ 7.
NAYS: None ....................................................................... 0.
The Director of Finance submitted a written report responding to
questions raised by the Members of Council regarding an estimate of
how City water rates will compare on an average family basis with rates
in Roanoke County; a comparison of the City's new water rates with
other water rates throughout Virginia; an estimate of what City citizens
would have had to pay for water if the City had entered into an equity
ownership arrangement with Roanoke County for its Spring Hollow
Reservoir, or if the City had entered into a regional water commission;
and will the sewer rate be based on the amount of sewage disposed of,
or a percentage of the increased water rate.
(For full text, see report on file in the City Clerk's Office.)
NATIONAL LEAGUE OF CITIES: Ms. Wyatt offered the following
resolution designating Carroll E. Swain as Voting Delegate and
James O. Trout as Alternate Voting Delegate for the Annual Business
Meeting of the National League of Cities, to be held on November 30 -
December 4, 1999, in Los Angeles, California:
(#34512-100499) 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. 62, page 286.)
Ms. Wyatt moved the adoption of Resolution No. 34512-100499.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ................................................................ 7.
NAYS: None ....................................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
228
ACTION:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
ROANOKE CIVIC CENTER-HOCKEY: Council Member Wyatt
called attention to the October 6 and October 9 exhibition games of the
Roanoke Express to be held at the Roanoke Civic Center, and advised
that all game proceeds will be donated to charity.
CITY EMPLOYEES-AFFIRMATIVE ACTION: Council MemberWhite
requested that the City's annual Affirmative Action report be presented
as soon as possible and that the report include statistics as of the date
of the last report.
Itwas the consensus of Council that the matter would be referred
to the Acting City Manager for report to Council.
COMMUNITY PLANNING-STREETS AND ALLEYS: Council
Member Swain called attention to concerns regarding automobile repair
garages which are located in areas adjacent to residential communities,
on-street repair of vehicles, and storage of abandoned vehicles leading
to unsightly conditions in the City's neighborhoods. He alluded to
certain state legislation addressing the issue and requested that the
matter be referred to the City Attorney for research.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 5:40 p.m., the Mayor declared the meeting in recess.
At 7:00 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
COUNCIL: With respect to the Closed Meeting just concluded,
Mr. Swain moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Closed Meeting was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ................................................................ 7.
NAYS: None ....................................................................... 0
ACTION:
ACTION:
ACTION:
229
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The
Mayor advised that the term of office of Joseph F. Lynn as a
Commissioner of the City of Roanoke Redevelopment and Housing
Authority expired on August 31, 1999, and called for nominations to fill
the vacancy.
Mr. Swain placed in nomination the name of Joseph F. Lynn.
There being no further nominations, Mr. Lynn was reappointed
as a Commissioner of the City of Roanoke Redevelopment and Housing
Authority, for a term ending August 31, 2003, by the following vote:
FOR MR. LYNN: Council Members Wyatt, Harris, Hudson, Swain,
Trout, White and Mayor Bowers .................................................... 7.
OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING
DEPARTMENT: The Mayor advised that the term of office of Harry F.
Collins, Sr., as a member of the New Construction Code, Board of
Appeals, expired on September 30, 1999, and called for nominations to
fill the vacancy.
Mr. Swain placed in nomination the name of Harry F. Collins, Sr.
There being no further nominations, Mr. Collins was reappointed
as a member of the New Construction Code, Board of Appeals, for a
term ending September 30, 2004, by the following vote:
FOR MR. COLLINS: Council Members Wyatt, Harris, Hudson,
Swain, Trout, White and Mayor Bowers .......................................... 7.
Inasmuch as Mr. Collins is not a resident of the City of Roanoke,
Mr. Swain 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-SPECIAL EVENTS: The Mayor
advised that there is a vacancy on the Special Events Committee
created by the resignation of Allen T. Wilson, and called for
nominations to fill the vacancy.
Mr. Swain placed in nomination the name of Douglas Huffman.
230
ACTION:
ACTION:
ACTION:
There being no further nominations, Mr. Huffman was appointed
as a member of the Special Events Committee, for a term ending
June 30, 2000, by the following vote:
FOR MR. HUFFMAN: Council Members Wyatt, Harris, Hudson,
Swain, Trout, White and Mayor Bowers .......................................... 7.
OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The
Mayor advised that there is a vacancy on the Human Services
Committee created by the resignation of Harold P. Kyle, and called for
nominations to fill the vacancy.
Mr. Swain placed in nomination the name of Margaret C.
Thompson.
There being no further nominations, Ms. Thompson was
appointed as a member of the Human Services Committee, for a term
ending June 30, 2000, by the following vote:
FOR MS. THOMPSON: Council Members Wyatt, Harris, Hudson,
Swain, Trout, White and Mayor Bowers .......................................... 7.
OATHS OF OFFICE-COMMITTEES-ROANOKE CiViC CENTER: The
Mayor advised that the terms of office of Vernon M. Danielsen, Mark E.
Feldmann and Sandra W. Ryals as members of the Roanoke Civic
Center Commission expired on September 30, 1999, and called for
nominations to fill the vacancies.
Mr. Harris placed in nomination the names of Vernon M.
Danielsen, Mark E. Feldmann and Sandra W. Ryals.
There being no further nominations, Mr. Danielsen, Mr. Feldmann
and Ms. Ryals were reappointed as members of the Roanoke Civic
Center Commission, for terms ending September 30, 2002, by the
following vote:
FOR MR. DANIELSEN, MR. FELDMANN AND MS. RYALS: Council
Members Wyatt, Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 7.
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The
Mayor advised that there is a vacancy on the Fair Housing Board
created by the resignation of Charles T. Green, and called for
nominations to fill the vacancy.
Mr. Hudson placed in nomination the name of Mary A. Rogers.
There being no further nominations, Ms. Rogers was appointed
as a member of the Fair Housing Board, for a term ending March 31,
2000, by the following vote:
ACTION:
FOR MS. ROGERS: Council Members Wyatt, Harris, Hudson,
Swain, Trout, White and Mayor Bowers .......................................... 7.
There being no further business, the Mayor declared the meeting adjourned
at 7:05 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
231
David A. Bowers
Mayor
232
SPECIAL MEETING .... ROANOKE CITY COUNCIL
October 15, 1999
12:00 noon
The Council of the City of Roanoke met in Special Session on Friday,
October 15, 1999, at 12:00 noon, in the City Council Chamber, 215 Church Avenue,
S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Section
10, Meetings of Council, Charter of the City of Roanoke.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout, William White, Sr., Linda F. Wyatt (arrived late) and Mayor
David A. Bowers ............................................................................................. 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: Diane S. Akers, Acting Assistant City Manager;
James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk.
COUNCIL-CITY MANAGER: The Special Meeting was called pursuant to the
following communication from the Mayor under date of October 14, 1999, for the
purpose of convening in Closed Meeting to discuss and consider prospective
candidates for the position of City Manager.
October 14, 1999
The Honorable Vice-Mayor and
Members of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council'
Pursuant to Section 10, Meetings of Council, of the Charter of the City of Roanoke,
I am calling a Special Meeting of Council on Friday, October 15, 1999, at 12:00 noon,
in the City Council Chamber.
The purpose of the meeting will be to convene in Closed Meeting to discuss and
consider prospective candidates for employment for the position of City Manager.
The City Clerk's Office will provide lunch.
Sincerely,
233
DAB:MFP:Io
David A. Bowers
Mayor
pc:
James D. Ritchie, Sr., Acting City Manager
Diane S. Akers, Acting Assistant City Manager
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
Mary F. Parker, City Clerk
Willard N. Claytor, Director, Real Estate Valuation
Robert H. Bird, Municipal Auditor
Mr. Trout moved that Council convene in a Closed Meeting, pursuant to
Section 2.1-344 (A)(1), Code of Virginia, 1950, as amended, to discuss and consider
prospective candidates for employment for the position of City Manager. The motion
was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ................................................................................................ 6.
NAYS: None .......................................................................................... 0.
(Council Member Wyatt had not arrived at the meeting.)
At 12:03 p.m., the Mayor declared the meeting in recess.
Council Member Wyatt arrived during the Closed Meeting.
At 1:35 p.m., the meeting reconvened in the City Council Chamber, with all
members of the Council in attendance, Mayor Bowers presiding.
With respect to the Closed Meeting just concluded, Mr. Swain moved that each
Member of City Council certify to the best of his or her knowledge that (1) only public
business matters lawfully exempted from open meeting requirements under the
Virginia Freedom of Information Act and (2) only such public business matters as
were identified in any motion by which any Closed Meeting was convened were
heard, discussed or considered by the Members of Council in attendance. The
motion was seconded by Mr. Hudson and adopted by the following vote:
234
AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and
Mayor Bowers ................................................................................................. 7.
NAYS: None .......................................................................................... 0.
The Mayor advised that Council will hold a Special Meeting on Monday,
October 25, 1999, at 3:00 p.m., in the City Council Chamber, 215 Church Avenue,
S. W., City of Roanoke, to discuss and consider prospective candidates for
employment for the position of City Manager.
There being no further business, the Mayor declared the Special Meeting
adjourned at 1:40 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
235
ROANOKE CITY COUNCIL ..... ROANOKE CITY SCHOOL BOARD
October 20, 1999
12:00 noon
A meeting of the Roanoke City Council and the Roanoke City School
Board was called to order on Monday, October 20, 1999, at 12:00 noon, at Addison
Aerospace Magnet Middle School, Room 120, 1220 5th Street, N. W., City of Roanoke,
with Mayor David A. Bowers and School Board Chairperson Melinda J. Payne
presiding, pursuant to Rule 1, Regular Meetings, of Section 2-15, Rules of Procedure,
Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No.
34488-092099 adopted on September 20, 1999.
COUNCIL MEMBERS PRESENT: C. Nelson Harris, W. Alvin Hudson, Jr.,
Carroll E. Swain, James O. Trout and Mayor David A. Bowers (arrived late) ......... 5.
COUNCIL MEMBERS ABSENT: William White, Sr. and Linda F. Wyatt ......... 2.
ROANOKE CITY SCHOOL BOARD TRUSTEES PRESENT: Charles W. Day, F. B.
Webster Day, Marsha W. Ellison, Ruth C. Willson, Sherman P. Lea and
Chairperson Melinda J. Payne ......................................................................... 6.
ROANOKE CITY SCHOOL BOARD TRUSTEES ABSENT: Brian J. Wishneffml.
STAFF PRESENT: Representing the City of Roanoke: James D. Ritchie, Sr.,
Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City
Clerk; Willard N. Claytor, Director, Real Estate Valuation; Robert H. Bird, Municipal
Auditor; Kit B. Kiser, Director, Utilities and Operations; George C. Snead, Jr.,
Director, Public Safety; Glenn D. Radcliffe, Director, Human Development; and
Robert K. Bengtson, Acting Director, Public Works; and representing the Roanoke
City Public Schools: E. Wayne Harris, Superintendent; Cindy R. Lee, Clerk of the
Board; Phyllis K. Runyon, Public Information Officer; Ann F. Harman, Executive for
Student Services; and Michael Cooper, Principal, Addison Aerospace Magnet Middle
School.
SCHOOLS: On behalf of the Roanoke City School Board, Chairperson Payne
welcomed the Members of Council and City staff.
Michael Cooper, Principal, Lucy Addison Aero Space Middle School,
presented a history of recent renovations to the school. He addressed the capital
improvement plan, community involvement, selection of an architect for proposed
renovations, construction team, staff selection, and an open house which was held
for the community.
236
Following Mr. Cooper's presentation, students from Lucy Addison Middle
School served as tour guides for the Members of Council and the School Board.
Following lunch, Dr. E. Wayne Harris, Superintendent, Roanoke City Public
Schools, presented a briefing on certain evidences of increased student
performance. He advised thatthere are very clearskills, knowledge and experiences
that all students must have if they are to be successful as they move from one grade
to the next and as they move out of the public school system and on to college or
to the world of work. He stated that those skills are clearly stated in a book entitled,
"Teaching the New Basic Skills, Principles for Educating Children to Thrive in a
Changing Society". He advised that basic skills are reading, a clear understanding
and the ability to do mathematics, and the ability to problem solve. He stated that
three soft skills have been identified: the ability to get along and work in a group, the
ability to be able to present oral and written presentations, and the understanding
and use of computers. He explained that if the SAT scores in the United States are
compared with those at Patrick Henry High School, Patrick Henry students scored
three points higher in mathematics, and 29 points higher on verbal skills than
students throughout the rest of the nation, and Patrick Henry students scored 15
points higher than Virginia students on the mathematics portion and 26 points
higher on the verbal skills portion. He stated that these gains are significant, and,
in fact, Patrick Henry students, as a group have the second highest SAT scores of
any students in the region. He added that Standards of Learning tests pose both
challenges and opportunities and when the spring of 1998 is compared with the
spring of 1999 scores, there is a trend toward improvement in virtually every area.
He advised that William Fleming High School SOL scores improved significantly in
ten of the 11 testing areas, Patrick Henry students improved in eight of the eleven
areas, and the Virginia Department of Education has recognized several City schools
for their improvements. He stated that SOL improvements were significant enough
at two of the City's middle schools, Breckinridge and Jackson, to rank in the top 25
most improved schools in Virginia (there are 1800 schools in the Commonwealth of
Virginia). He advised that Noel C. Taylor Learning Academy is in the top 15 most
improved combined schools in the state; and out of 15 schools in the region, seven
of the most improved in the region are Breckinridge, Jackson, Ruffner, Woodrow,
Patrick Henry, William Fleming and Noel Taylor Learning Academy. He noted that
Roanoke City is receiving telephone calls from school districts throughout the state
inquiring about the City's actions to experience the gains that it has realized. He
stated that there is much to be proud of in regard to SAT scores, SOL improvements
and recognition by the State Department of Education.
In regard to the persistent issue of disparity in achievement between African-
American students and Caucasian students, Dr. Harris stated that this is a difficult
issue and has been commonly referred to as the achievement gap. He advised that
if one looks at the SOL test scores for two years, there is a narrowing of the gap
between African-American and Caucasian students; and the school system will
237
continue to focus on this element as to examples, data and design programs for all
students. He stated that the nation looks closely at two measures of success of high
school students; viz: (1) the highly exclusive national merit program which is the
most competitive program in the country and is based on how well students have
performed on PSAT scores and last year Patrick Henry High School had three
national merit finalists and only one other school in the region tied with Roanoke
City; and the second exclusive program for high school students is the nationally
recognized advanced placement testing program, in which 217 students from the
two high schools took the examinations in 1998 and 275 took the examinations in
1999 and a score of 3, 4, or 5 enables the student to receive college credit. He stated
that in 1999, 100 per cent of the students taking Advanced Placement Biology,
Advanced Placement Language and Composition, and Advanced Placement
Calculus scored a 3, 4, or 5 and one class of 20 students that took Advanced
Placement Calculus, all 20 students passed the test and 14 passed with a score of 5.
The Mayor invited Superintendent Harris to attend the next regular meeting
of Council on Monday, November 1, 1999, to present the above report which will be
televised by RVTV-Channel 3 for viewing by the general public.
There being no further business, the Mayor declared the meeting in recess at
1:30 p.m., to be reconvened in the City Council Chamber, 215 Church Avenue, S. W.,
City of Roanoke, at 2:00 p.m.
At 2:00 p.m., on Monday, October 20, 1999, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout, William White, Sr., and Mayor David A. Bowers ................ 6.
ABSENT: Council Member Linda F. Wyatt ................................................ 1.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting 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 Tim
Wright, Associate Pastor, Evangel Foursquare Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
238
ACTION:
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately.
TAXES-LEAGUE OF OLDER AMERICANS-HARRISON HERITAGE
CENTER: The Acting City Manager submitted a written report
requesting that public hearings be scheduled for Monday,
November 15, 1999, at 7:00 p.m., to consider petitions from the Harrison
Museum of African American Culture and The League of Older
Americans, Inc., in connection with their requests for exemption from
taxation of certain real property located in the City of Roanoke.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be removed from the Consent
Agenda for discussion. The motion was seconded by Mr. Swain and
adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
REFUSE COLLECTION: A report of the Acting City Manager
advising that personnel from various departments in the City have
formed a committee to work on enhancing the quality of life in Roanoke
by developing and implementing a community campaign to reduce lifter
and to prevent littering; the objectives of the committee are to create a
community value of zero tolerance to lifter and littering, to utilize
existing resources with minimal cost to the City, and to involve the
community, businesses, and City government through shared
responsibilities; and as a strategy, the committee is currently trying to
determine how to best utilize existing resources and possibly formulate
a program to be a part of the fiscal year 2000 budget, was before
Council.
ACTION:
ACTION:
It was further advised that members of the committee are very
committed to this long term project; at this stage, the committee is
discussing strategies and forminG sub-committees; and the committee
has reviewed model communities in the United States and Canada and
made comparisons to the Roanoke Valley.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
ROANOKE ARTS COMMISSION-OATHS OF OFFICE-
COMMITTEES: The following report of qualification was before Council:
{.
Mary S. Neal as a member of the Roanoke Arts
Commission for a term ending June 30, 2002.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. White moved that the report of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
REGULAR AGENDA
TAXES-LEAGUE OF OLDER AMERICANS-HARRISON HERITAGE
CENTER: The Acting City Manager submitted a written report
requesting that public hearings be scheduled for Monday,
November 15, 1999, at 7:00 p.m., to consider petitions from the Harrison
240
Museum of African American Culture and The League of Older
Americans, Inc., in connection with their requests for exemption from
taxation of certain real property located in the City of Roanoke.
(For full text, see report on file in the City Clerk's Office.)
Council Member Swain requested the following additional
information in regard to the application of the Harrison Museum of
African American Culture:
The boundaries of areas in Southwest Virginia served by
the Harrison Museum;
A schedule of annual activities; and
What is the involvement of the Harrison Museum with
other agencies such as Explore Park, Roanoke Museum of
Fine Arts, Virginia Museum of Transportation and Science
Museum of Western Virginia, etc.
Mr. White moved that Council concur in the recommendation to
hold public hearings on Monday, November 15, 1999, at 7:00 p.m., or as
soon thereafter as the matter may be heard, in the City Council
Chamber, on the requests of the Harrison Museum of African American
Culture and the League of Older Americans, Inc. The motion was
seconded by Mr. Trout and adopted.
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS:
TAXICABS AND FOR-HIRE VEHICLES: A communication from
Richard E. Viar, Attorney, representing Yellow Cab Services of
Roanoke, Inc., transmitting a petition for an increase in the rates
currently charged for services rendered by taxicabs in the City of
Roanoke, was before Council.
It was advised that a proposed ordinance, if adopted, will
increase the initial rates from $1.60 (1/7 mile) to $1.90 (1/8 mile), and the
mileage rate from 20 cents for each additional 1/7 mile to 20 cents for
each additional 1/8 mile; since the average taxicab trip in Roanoke
presently costs $4.20 (2 miles), the average increase in fare will be 70
ACTION:
241
cents per trip, or an increase of 17 per cent; and there will also be an
increase in waiting time from 20 cents per minute of waiting time to 30
cents per minute, and an increase for extra passengers from 30 cents
per extra passenger to $1.00 per extra passenger.
(For full text, see communication and petition on file in the City Clerk's
Office.)
Mr. Trout moved that the communication and petition be referred
to the Acting City Manager, City Attorney and Director of Finance for
study, report and recommendation to Council. The motion was
seconded by Mr. Hudson and unanimously adopted.
(The above request was later withdrawn by Richard E. Viar, Attorney.)
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation of funds to the following school
accounts, was before Council.
$268,936.00 from the 1999-2000 Capital Maintenance and
Equipment Replacement Fund for secondary site-based
technology, administrative technology, Magnet School
improvements, facility maintenance improvements,
modular classroom relocation, and facility improvements
at Round Hill School.
$2,750,000.00 to provide Literary Loan funds for
improvements to Garden City Elementary School.
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34513-102099) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 School and School Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 287.)
242
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34513-102099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... O.
(Council Member Wyatt was absent.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
VISION STATEMENT: The Acting City Manager presented the
City's second annual vision progress report which details over 180
initiatives undertaken by the City in fiscal year 1998-99 in support of the
City's vision statement which was adopted by Council. He stated that
the projects highlighted in the report are related to the vision
categories of economy, education, effective government and quality of
life and specific issues that must be addressed within each of the major
vision categories. He further stated that the document demonstrates
that fiscal year 1998-99 was an exciting year for the City of Roanoke,
during which time the City announced the largest single economic
development project in Roanoke's history, when Johnson and Johnson
announced plans to build a $125 million corporate headquarters
research facility for Innotech next to the airport, which project will
create 600 new jobs; the business enterprise zone was expanded by 56
acres which was added to the Roanoke Centre for Industry and
Technology; 39 new positions have been located in downtown Roanoke
adding 547 new employees and investing over $4.6 million; the City
joined with ten other jurisdictions to establish the New River Commerce
Park; the City worked with neighboring jurisdictions to make progress
on initiatives such as the Roanoke Valley Juvenile Detention Center,
the regional Project Impact initiative, the regional Fire Academy, the
regional sewage treatment plan expansion program, and the regional
radio system; and the City continues to work in partnership with
neighborhoods to develop community based neighborhood plans,
neighborhood watch programs and neighborhood development details.
243
Mr. Ritchie advised that City departments have made impressive
improvements in a number of areas such as the development
assistance center which is fully operational, the GIS system which
combines digital mapping, aerial photography and real estate data and
is available to citizens on line, and lastyear the City began construction
of the new Fire/EMS Medical Station No. 4 on Peters Creek Road. He
further advised that a $10.8 million renovation has been invested in
Lucy Addison Aero Space Magnet School which is now complete, and
there is improved attendance by students in the Roanoke City School
Public system, with a lower dropout rate and higher Standards of
Learning scores. He stated that the Roanoke City Public Schools'
Technology Plan received the highest ranking in Virginia, and
graduating seniors earned more than $1.7 million in scholarships and
were accepted to attend prestigious colleges and universities
throughout the country. He advised that efforts in fiscal year 1998-99
built on progress made in fiscal year 1997-98 and set the stage for even
further advances as the City approaches the new millennium. He
explained that Council's vision continues to guide efforts to make
Roanoke a community of excellence for all people who live, work and
visit the area.
(See report on file in the City Clerk's Office.)
Mr. James Leonard, 1956 Hope Road, S. W., commended the City
Clerk's Office for making the City Council agenda reports, ordinances
and resolutions available to the public on the City's web-site which is
another step in participatory government on behalf of the City of
Roanoke.
ITEMS RECOMMENDED FOR ACTION:
CMERP-EQUIPMENT: The Acting City Manager submitted a
written report advising that during the past three months, the City
Administration has worked to identify and to prioritize capital
maintenance and equipment replacement needs; operating
departments submitted over $10.8 million in requests for needed
equipment replacement, capital maintenance, vehicles, and technology
enhancements; the fiscal year 1999-00 General Fund balance
designated for the Capital Maintenance and Equipment Replacement
Program (CMERP) is $3,323,410.00; after reducing this amount for items
that Council has reappropriated into the current year's operating
budget, $3,299,011.00 of CMERP funds are available; and those items
244
ACTION:
already reappropriated include: Sheriff's Office - Bullet Proof Vest
Program - $6,500.00, United States Department of Agriculture - Revenue
in excess of expenses for Juvenile Detention Center and Crisis
Intervention - $1,818.00, and Mill Mountain Zoo - $16,081.00.
It was further advised that a prioritized list is recommended for
Council's information and consideration, which purchases will allow
the City to maintain dependable and economical municipal operations;
at future Council meetings, the City Administration will present to
Council certain recommendations on award of contracts for vehicles,
equipment, and maintenance items which will have been bid under the
City's normal procurement procedures; and Council will be requested
to appropriate funds for all expenditure items on the CMERP listing.
(For full text, see report on file in the City Clerk's Office.)
Council Member Swain expressed concern that CMERP requests
total approximately $10.8 million, while the City has an available
CMERP budget of $3.3 million, and suggested a review of the procedure
for submitting requests for funding under CMERP to provide for more
realistic funding requests by City Departments.
Without objection by Council, the Mayor advised that the report
would be received and filed.
SCHOOLS: The Acting City Manager submitted a written report
advising that the Roanoke City Public Schools scheduled a complete
renovation of Lucy Addison Aerospace Magnet School to occur
between June, 1998 and August 1999, with a fitness room to be
designed into the renovation; and physical fitness equipment totaling
$45,000.00 was approved for purchase by the Department of Parks and
Recreation under the fiscal year 1999 Capital Maintenance and
Equipmept Replacement Program.
It was further advised that Lucy Addison Aerospace Magnet
School renovations have been completed and the facility was opened
to students in August, 1999; the fitness room has been completed and
is available for use; fitness equipment totaling $44,042.00 has been
ordered by the Department of Parks and Recreation; the equipment will
be available for use by the first of November; Roanoke City Public
Schools will use the fitness room and equipment for physical education
classes and sports conditioning; Roanoke City Parks and Recreation
245
plans to operate the facilities as a public fitness center, open to the
general public, during non-school hours; and the agreement to operate
Lucy Addison Fitness Center is essentially the same as was approved
to operate Breckinridge and Woodrow Wilson Fitness Centers.
The Acting City Manager recommended that he be authorized to
execute an agreement to be approved as to form by the City Attorney,
authorize the Manager of the Department of Parks and Recreation to
establish user fees as set forth in the agreement and further authorize
the Manager of the Department of Parks and Recreation to adjust the
fees pursuant to the agreement so long as the fees are equal to those
fees charged at Breckinridge Fitness Center and Woodrow Wilson
Fitness Center.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34514-102099) 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
Lucy Addison Aerospace Magnet School for use by the general public,
and authorizing the establishment of user fees to be charged at the
fitness center, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 62, page 288.)
Mr. Trout moved the adoption of Resolution No. 34514-102099.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White
and Mayor Bowers ...................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
Council Member Swain inquired as to the impact of fitness
centers in the schools on private enterprise, and requested a
comparison of charges for the use of City fitness center facilities
versus private facilities.
246
TRAFFIC: The Acting City Manager submitted a written report
advising that U. S. Route 220 is maintained by the Virginia Department
of Transportation (VDOT) along its entire length in the City of Roanoke,
including the portion from the Franklin Road/Route 419 interchange
(near Tanglewood Mall) down to the City limit (near the Blue Ridge
Parkway interchange); property on the west side of U. S. Route 220 is
in Roanoke County, while property on the east s~ide is in Roanoke City;
traffic management for the Southern Hills neighborhood can be
improved if a signalized point of ingress and egress can be
established; the new Lowe's store being built in Roanoke County and
abutting U. S. Route 220 requires traffic signalization at its main
entrance (Valley Avenue); the City of Roanoke side of U. S. Route 220
(Southern Hills area) can also be served by this new traffic signal; while
no intersecting roadway (on the City side) exists at the location of this
proposed traffic signal, such a roadway has been discussed by private
developers; Council approved a rezoning request on April 6, 1998 from
Southern Lane Group, LLC, for ten tracts of land to be rezoned from
RS-3 to C-2; and a report to Council from the City Planning Commission
indicated that "the proposed development would realign existing
streets and create a new signalized intersection at Route 220" at this
location.
It was further advised that VDOT is presently installing the new
traffic signal, including portions of the signal that would control traffic
entering and exiting the proposed roadway on the City side of U. S.
Route 220; a cost estimate of $124,926.00 has been prepared by VDOT
for all materials and installation of the proposed traffic signal; VDOT
has expressed its willingness to expedite installation of the subject
traffic signal by administering the construction of the signalization
project, as well as participating in one-third of the cost of the project;
Roanoke County had indicated that it will participate in one-third of the
cost of the project; the City of Roanoke would need to fund the
remaining one-third of the actual project cost (City share estimated at
$41,642.00) to enable signalized access for future development in the
Southern Hills area; the proposed Capital Maintenance and Equipment
Replacement Program (CMERP) includes a recommended expenditure
of $40,000.00 to fund the majority of cost; and any balance needed
would be paid from funds available in Traffic Signals - General Account
No. 008-052-9560.
ACTION:
ACTION:
The Acting City Manager recommended that Council endorse
participation in one-third of the actual cost of a new traffic signal on
U. S. Route 220 in the vicinity of the Southern Hills area; and
appropriate $40,000.00 from the Capital Maintenance and Equipment
Replacement Program (CMERP) to a new account entitled "U. S. Route
220 Traffic Signal".
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34515-102099) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 289.)
Mr. Hudson moved the adoption of Ordinance No. 34515-102099.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White
and Mayor Bowers ....................................................................... 6.
NAYS: None ......................................... -- ............................ 0.
(Council Member Wyatt was absent.)
Mr. Hudson offered the following resolution:
(#34516-102099) A RESOLUTION endorsing the City's
participation in funding one-third of the actual cost of a new traffic
signal on U.S. Route 220 in the vicinity of the Southern Hills area.
(For full text of Resolution, see Resolution Book No. 62, page 290.)
Mr. Hudson moved the adoption of Resolution No. 34516-102099.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
247
248
ACTION:
(Council Member Wyatt was absent.)
CITY CODE-CITY EMPLOYEES: The Acting City Manager
submitted a written report advising that Section 2-37 (b) of the Code of
the City of Roanoke, provides that whenever a legal holiday, such as
New Years Day, falls on a Saturday, the Friday just preceding such day
shall be observed by City offices as a legal holiday; for calendar year
2000, January 1 will fall on a Saturday; and per the Code of the City of
Roanoke, the New Year's Day holiday would be observed on Friday,
December 31, 1999.
It was explained that any Y2K problems that are unforseen or
may not have been corrected will likely occur after midnight on Friday,
December 31 and during the days that follow; and if City offices are
closed on Monday, January 3 instead of Friday, December 31, this
would allow an extra day for employees to address any Y2K problems
that occur before re-opening on Tuesday, January 4, 2000.
The Acting City Manager recommended that Council amend
Section 2-37(b) Code of the City of Roanoke, 1979, as amended, to
move the day on which the official holiday of New Years Day 2000 is
observed from the Friday preceding the holiday, December 31, 1999, to
the next following Monday, January 3, 2000.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#34517-102099) AN ORDINANCE amending and re-ordaining
subsection (b) of §2-37, Office hours, work weeks and holidays, of the
City Code of Roanoke (1979), as amended, to provide that for the year
2000 only, New Year's Day shall be observed as a legal holiday by the
City on the Monday next following such day; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 291.)
Mr. Trout moved the adoption of Ordinance No. 34517-102099.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
249
(Council Member Wyatt was absent.)
FIFTH PLANNING DISTRICT COMMISSION-WATER RESOURCES:
The Acting City Manager submitted a written report advising that the
Fifth Planning District Commission is offering to facilitate further
regional water discussions by having Roanoke County, Botetourt
County, Roanoke City, Salem and Vinton appoint representatives to two
committees - a policy committee and a technical committee; the policy
committee, consisting of local elected or appointed officials, would set
goals and guidelines and take recommendations back to the governing
bodies for action; the policy committee would receive technical
assistance from a committee made up of local engineering and water
department personnel who are involved with these issues on a daily
basis; and the overall goal of this proposal is to build on existing
cooperative water system activities in the Valley, while considering
long-range issues related to water supply. -
The Acting City Manager recommended that Council appoint one
or more representatives to each the Policy Committee and the
Technical Committee of the Fifth Planning District Commission for the
purpose of providing a forum for discussion of water supply and
distribution in the Roanoke Valley.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council Member Trout be appointed to the
policy committee and that Kit B. Kiser, Director, Utilities and
Operations, be appointed to the Technical Committee. The motion was
seconded by Mr. Swain.
There was discussion that Council Member Trout serves on a
number of regional study committees and it would be appropriate to
appoint another member of Council to serve on the Policy Committee;
and, it is primarily the policy of Council to appoint City administrators
to represent Council who are full time employees and representatives
of City government.
Following discussion of the matter, Mr. White moved that the
motion be tabled. The motion was seconded by Mr. Swain and
adopted, Vice-Mayor Harris voted no.
In approaching the matter of water supply, Council Member
Swain suggested that Bedford County be invited to participate in
discussions because they, too, are experiencing a water shortage.
250
ACTION:
REGIONAL CHAMBER OF COMMERCE: The Acting City Manager
submitted a written report advising that the Chamber of Commerce
requested funding assistance for the Community Business
Development Initiative (CBDI) during the budgeting cycle for the
July 1998 to June 1999 period; the CBDI program offers services such
as workshops, counseling, planning and advice in obtaining financing
to assist new or expanding businesses; program goals include
facilitating the location of such businesses in targeted areas of the City
and creation of employment opportunities for Iow-and moderate-
income persons; and Council originally authorized $125,000.00 in
CDBG funding for the CBDI as part of the 1998/99 Annual Update to the
Consolidated Plan approved for submission to the U. S. Department of
Housing and Urban Development (HUD) on May 11, 1998, by Resolution
No. 33830-051198.
It was further advised that Council authorized an additional
$55,000.00 in CDBG funding for the CBDI as part of the 1999/2000
Annual Update to the Consolidated Plan approved for submission to
HUD on May 11, 1999, by Resolution No. 34281-051199, which will
continue the CBDI through June 30, 2000; and an amendment to the
existing agreement is needed to incorporate the additional $55,000.00
funding and increase the program's performance goals through the
current June 30, 2000, ending date.
The Acting City Manager recommended that he be authorized to
execute Amendment No. 2 to the CDBG Subgrant Agreement with the
Roanoke Regional Chamber of Commerce, said amendment to be
approved as to form by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34518-102099) A RESOLUTION authorizing execution of
Amendment No. 2 to a Subgrant Agreement between the City and the
Roanoke Regional Chamber of Commerce, dated September 16, 1998,
for continued funding of the Community Business Development
Initiative to assist new or expanding businesses in targeted areas in the
City.
(For full text of Resolution, see Resolution Book No. 62, page 292.)
Mr. Trout moved the adoption of Resolution No. 34518-102099.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
251
AYES: Council Members Harris, Hudson, Swain, Trout, White
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
Elizabeth Doughty, President, Roanoke Regional Chamber of
Commerce, and Stark Jones, Director, Community Business
Development Initiative, appeared before Council in support of the
program.
HOUSING/AUTHORITY-GRANTS: The Acting City Manager
submitted a written report advising that the City of Roanoke receives
entitlement funds each year under the HOME program of the U. S.
Department of Housing and Urban Development (HUD); for nearly a
decade, Blue Ridge Housing Development Corporation, Inc. (BRHDC)
has received HUD and other funding to conduct housing and
community development projects in the City; Council originally
authorized $115,000.00 in HOME funds for BRHDC as part of the
Consolidated Plan Annual Update approved for submission to HUD on
May 12, 1997, by Resolution No. 33402-051297; the funds were to assist
BRHDC's "Community Assisted Revitalization Effort" (CARE) project,
involving construction or rehabilitation and sale of two affordable,
single-family homes, one each in the Gainsboro and southeast sections
of the City; Council authorized execution of a subgrant agreement with
BRHDC on May 4, 1998, by Resolution No. 33797-050498; and $5,000.00
was added administratively to the agreement as of June 30, 1999, to
provide for additional unanticipated costs associated with acquisition
of the Gainsboro property at 38 Gilmer Avenue.
It was further advised that all HOME funds provided to date have
been needed to complete 38 Gilmer Avenue, the costs of which
exceeded the original estimates; it was intended to restore the original
home at this location, however, structural damage to the long-vacant
house proved too extensive and demolition was required; additional
costs, including those to construct a new unit, have depleted project
funds and precluded initiation of a unit in southeast; Council authorized
an additional $55,400.00 in HOME funds for this project as part of the
1999/2000 Annual Update approved for submission to HUD on May 11,
1999, by Resolution No. 34281-051199, which includes $4,000.00 for
BRHDC operating costs associated with the project; and authorization
by Council is needed to execute an amendment to the agreement with
BRHDC in order to proceed with the southeast Roanoke component of
the project.
252
The Acting City Manager recommended that he be authorized to
execute Amendment No. 2 to the 1998/99 Blue Ridge Housing
Development Corporation Subgrant Agreement, to be approved as to
form by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#34519-102099) A RESOLUTION authorizing execution of
Amendment No. 2 to a Subgrant Agreement between the City and the
Blue Ridge Housing Development Corporation, dated May 4, 1998, for
funding to proceed with the Southeast component of the project.
(For full text of Resolution, see Resolution Book No. 62, page 293.)
ACTION:
Mr. Hudson moved the adoption of Resolution No. 34519-102099.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
HOUSING/AUTHORITY: The Acting City Manager having
previously submitted a written report in connection with 6.5 acres of
surplus City-owned property in Westview Terrace, he requested that the
report be withdrawn from the agenda.
At 3:15 p.m., the Mayor left the meeting and the Vice-Mayor
presided over the remainder of the 2:00 p.m. session.
PUBLIC WORKS-SNOW REMOVAL: The Acting City Manager
submitted a written report recommending acceptance of the bid
submitted by Cargill, Inc., to provide an estimated 2,000 tons of
highway deicing salt, in the total amount of $42.45 per ton, at an annual
estimated cost of $84,900.00; and reject all other bids received by the
City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
ACTION:
253
(#34520-102099) AN ORDINANCE accepting the bid of Cargill,
Inc., 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; 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. 62, page 294.)
Mr. Trout moved the adoption of Ordinance No. 34520-102099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member Wyatt were absent.)
COMMONWEALTH'S ATTORNEY-LEASES: The Acting City
Manager submitted a written report advising that lease of additional
office space for the Commonwealth's Attorney to relieve over-crowding,
provide office space for expansion of the collections program, and to
allow for consolidation of the Regional Drug Prosecutor's Office was
approved by Ordinance No. 32187-092694; and the lease with Gar-Dam,
Inc., for 3,300 square feet, more or less, on the second floor of 317
Campbell Avenue, S. W., Official Tax No. 1010835, will expire on
October 31, 1999.
It was further advised that the Commonwealth's Attorney needs
to assure the right to continued use of the space for at least one
additional year; the lessor has agreed to a new lease at a lower rate for
a one-year period, with a provision for automatic renewal; and terms for
the new lease have been negotiated as follows:
1. Number of Square Feet
2. Term of Lease
3. Lease Rate
4. Intended Use
5. Location
6. Utilities
7. Janitorial and
Maintenance
3;300
One year, with automatic
annual renewal provision
$1,500.00/month
Office space
317 Campbell Avenue
(second floor)
Provided by lessor
Provided by lessee
254
ACTION:
The Acting City Manager recommended that Council authorize a
new lease between the City of Roanoke and Gar-Dam, Inc., for a one-
year period, with an automatic renewal provision, at the rate of
$1,$00.00 per month for the first year, in a form to be approved by the
City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#34521-102099) AN ORDINANCE authorizing the proper City
officials to enter into a lease between the City of Roanoke and Gar-
Dam, Inc., for use of office space at 317 Campbell Avenue, S. W., by the
Commonwealth Attorney's Office, upon certain terms and conditions;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 295.)
Mr. Trout moved the adoption of Ordinance No. 34521-102099.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None .............................. ~ ........................................ 0.
(Mayor Bowers and Council Member Wyatt were absent.)
Donald S. Caldwell, Commonwealth's Attorney, presented the
Cost Collection Annual Report, which is the fifth year of the Cost
Collection Unit.
POLICE DEPARTMENT-CLAIMS-CITY EMPLOYEES: The Acting
City Manager submitted a written report advising that Resolution No.
4748 adopted on February 28, 1936, established a policy for payment of
a salary supplement to injured employees in only the Fire/EMS and
Police Departments for a period of 60 days; the intent of the salary
supplement is to ensure that a police officer or firefighter receives his
or her full salary if an accident occurs on the job and causes the
employee to lose time from work; Police Officer Holly Willoughby of the
Mounted Patrol Unit suffered job-related injuries on July 1, 1999, when
the horse she was riding lost its footing and fell, trapping Officer
Willoughby's left leg beneath the horse; the accident was accepted by
the City's Workers' Compensation program, and by virtue of City
255
Council's passage of Resolution No. 4748, supplementary salary
payments to Officer Willoughby were approved because it was clear
that she would qualify for the benefit by being unable to work after 60
days; and per Resolution No. 4748, these benefits expired under the 60-
day allowance on August 30, 1999.
It was further advised that Officer Willoughby has remained off
duty, under doctor's care, from the date of injury; she is progressing
slowly, but no medical determination has been made at this point
regarding her return to duty; and authorization by Council is required
to continue salary supplements for more than 60 days during Officer
Willoughby's continued absence from duty due to on-the-job injuries.
The Acting City Manager recommended that Council authorize
supplemental salary payments to Officer Willoughby for another 60
days until she is able to return to normal duty as a police officer, or
until she is no longer classified as a police officer, whichever shall
occur first.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#34522-102099) A RESOLUTION extending the pay benefits
provided for by Resolution No. 4748 for a certain employee of the City.
(For full text of Resolution, see Resolution Book No. 62, page 296.)
Mr. Hudson moved the adoption of Resolution No. 34522-102099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member Wyatt were absent.)
BUDGET-JUVENILE CORRECTIONAL FACILITIES: The Acting
City Manager submitted a written report advising that the City of
Roanoke has received Program Grant Number 03CY0396/2, in the
amount of $106,606.00, from the U. S. Department of Health and Human
Services to administer Sanctuary's Outreach Program for runaway and
homeless children; these funds are used to cover the salaries and
256
fringe benefits of a Youth Counselor Coordinator's position (a shared
position with the Aggression Replacement Training & Education
Program), Youth Counselor III position, Youth counselor I position,
Temporary Relief Counselor, and related program activities; the U. S.
Department of Health and Human Services awards grants for services
in three year cycles; the total grant project period is currently
September 1, 1998 through August 31, 2001; and the goal of the
program is to reduce the number of runaways and homeless youth in
the community and to increase family reunification.
The Acting City Manager recommended that he be authorized to
execute grant agreements and ancillary documents required to accept
the United States Department of Health and Human Services' Runaway
and Homeless Youth Program Grant Number 03CY03961/02; that the
Director of Finance be authorized to establish a revenue estimate in the
amount of $106,606.00 in an account to be established in the Grant
Fund; and appropriate $106,606.00 to the following expenditure
accounts:
1002 Regular Employee Salaries $ 70,162.00
1004 Temporary Wages 10,000.00
1120 FICA 6,133.00
1115 Retirement 6,315.00
1116 ICMA Match 650.00
1125 Health Insurance 4,140.00
1126 Dental Insurance 463.00
1130 Life Insurance 0.00
1131 Long Term Disability 175.00
2010 Fees for Professional Services 500.00
2020 Telephone 300.00
2021 Cellular Telephone 1,000.00
2030 Administrative Supplies 500.00
2042 Dues & Membership 700.00
2044 Training & Development 2,000.00
2046 Mileage 1,500.00
2066 Program Activities 2,068.00
Federal Grant Revenue
$106,606.00
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
ACTION:
257
(#34523-102099) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 297.)
Mr. White moved the adoption of Ordinance No. 34523-102099.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member Wyatt were absent.)
Mr. White offered the following resolution:
(#34524-102099) 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 the execution of the necessary
documents.
ACTION:
(For full text of Resolution, see Resolution Book No. 62, page 299.)
Mr. White moved the adoption of Resolution No. 34524-102099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES' Council Members Hudson, Swain, Trout, White and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member Wyatt were absent.)
BUDGET-DISABLED PERSONS: The Acting 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; and the following jurisdictions in the Fifth Planning District
have enacted resolutions establishing their participation in a regional
258
ACTION:
effort and have appointed a local official to serve: City of Roanoke,
Town of Vinton, Roanoke County, City of Salem, City of Covington,
Craig County, Botetourt County, City of Clifton Forge and Allegheny
County, and other members of the DSB 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; on August 16, 1999, Council accepted
funding in the amount of $45,746.00 from the State Rehabilitative
Services Incentive Fund for the Fifth District DSB; and funds to hire
local staff in support of the administration of the DSB for a one year
period have been allocated to the Fifth District DSB by the State
Department of Rehabilitative Services.
It was explained that the DSB solicited proposals for the use of
local staff support; the Department of Rehabilitative Services and the
Disability Services Council approved funding in the amount of
$14,800.00; funds from the State of Virginia Department of
Rehabilitative Services, in the amount of $14,800.00, will be received by
the Director of Finance as the Fiscal Agent and disbursed to the Fifth
District DSB to hire local staff support; and funds need to be
appropriated by Council.
The Acting City Manager recommended that Council appropriate
$14,800.00 to a Grant Fund Account to be established by the Director
of Finance and a corresponding revenue estimate also to be
established by the Director of Finance, to provide funding for the Fifth
District DSB to hire local staff support.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following-emergency budget ordinance:
(#34525-102099) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 300.)
Mr. Hudson moved the adoption of Ordinance No. 34525-102099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
259
AYES: Council Members Hudson; Swain, Trout, White and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member Wyatt were absent.)
DIRECTOR OF FINANCE:
BUDGET-HOUSING/AUTHORITY-GRANTS: The Director of
Finance submitted a written report advising that by agreement with the
City of Roanoke, the Roanoke Redevelopment and Housing Authority
administers a large segment of the City's Community Development
Block Grant program; the Housing Authority receives program income
during the course of its administration of various projects by the sale
of land and through the receipt of loan repayments from project area
residents; the Housing Authority is required to transfer the program
income to the City of Roanoke, and the City is required to use the
income for eligible community development activities; and the Housing
Authority has made payments to the City, in the amount of $107,753.00,
from April 1, 1999 to September 30, 1999, in excess of income estimates
previously appropriated; and of this amount, $74,390.00 resulted from
the sale of property, $19,887.00 in parking lot rental, and $13,476.00
from various loan repayments.
It was further advised that the City has received $36,655.00 in
other miscellaneous program income as follows: $7,822.00 in
demolition revenue from property owners whose dwellings were
demolished with CDBG funds, $27,289.00 in loan repayments, and
$1,544.00 in other miscellaneous income; and these amounts represent
the difference between what was actually received and the amount that
was previously appropriated based on repayment estimates.
The Director of Finance recommended that Council appropriate
the total $144,408.00 in unanticipated CDBG program income as
follows:
Unprogrammed CDBG -
Land Sale
Unprogrammed CDBG -
Other
Unprogrammed CDBG -
RRHA
Unprogrammed CDBG -
Land Sale
(035-099-9940-5187)
(035-099-9940-5189)
(035-099-9940-5197)
(035-G00-0040-5187)
$21,893.00
34,888.OO
25,258.00
52,497.00
260
ACTION:
Unprogrammed CDBG - (035-G00-0040-5189) $1,767.00
Other
Unprograrnmed CDBG - (035-G00-0040-5197) 8,105.00
RRHA
The amounts being appropriated to unprogrammed
accounts will be available for future appropriation for
eligible community development purposes.
It was further advised that the Housing Authority also
administers a segment of the City's HOME program; the 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 September 30, 1999, loan repayments
received in excess of the budget estimate equal $140,012.00.
The Director of Finance further recommended that Council
appropriate the total $140,012.00 in unanticipated program income as
follows:
Unprogrammed HOME
(035-090-5322-5320) $140,012.00
The amounts being appropriated to unprogrammed accounts will be
available for future appropriation for eligible HOME activities; and a
proposed budget ordinance will increase the revenue estimates.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34526-102099) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 301.)
Mr. Trout moved the adoption of Ordinance No. 34526-102099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ....................................................................... 0.
261
(Mayor Bowers and Council Member Wyatt were absent.)
BUDGET-HIGHER EDUCATION CENTER: The Director of Finance
submitted a written report advising that in October 1998, Council
approved an appropriation of State funds, in the amount of
$5,379,000.00, for establishment of the Roanoke Higher Education
Center and $62,500.00 in fiscal year 1998-99 and fiscal year 1999-2000
for operation of the Roanoke Higher Education Authority as provided
by the Virginia General Assembly; in January 1999, the Roanoke Higher
Education Center, Inc., a 509 (a)(3) supporting organization, was
created to acquire, renovate and own the Roanoke Higher Education
Center for the use of historic tax credit financing; and in July 1999,
Council approved the appropriation of State funds, in the amount of
$3,601,000.00, for the second year of the Roanoke Higher Education
Center and $100,000.00 for its operation as provided by the Virginia
General Assembly.
It was further advised that $120,000.00 was designated as
development costs in the preplanning stages of the project; the
construction phase of the project is now ready to begin, and this
amount needs to be transferred to capital accounts; interest income in
the amount of $270,331.00 has been earned to date and requires
appropriation in order to make these funds available to the Roanoke
Higher Education Authority; and $3,000.00 has been donated by
Radford University and needs to be appropriated in order to make
funds available to the Roanoke Higher Education Authority.
The Director of Finance recommended that Council transfer
$120,000.00 from the operating account to a capital outlay account as
established by the Director of Finance, as Fiscal Agent for the Roanoke
Higher Education Authority; appropriate $270,331.00 of interest income
and $3,000.00 contributed by Radford University, in order to make these
non-city funds available for use by the Roanoke Higher Education
Authority; the funds will be allocated based on the original budget of
3.85% to operations and 96.15% to a capital outlay account; and the
impact of the transfer of funding and appropriations of interest and
other revenue is summarized as follows:
Interest Income
Radford University
Contribution
$ 270,331.00
3,000.00
$ 273,33t .00
Operating Costs
(3.85%)
Transfer to Capital
$ 10,523.00
(120,000.00)
Capital Costs (96.15%) $262,808.00
Transfer from Operating 120,000.00
262
ACTION:
Net Adjustment $(109,477.00)
Totar. Adjustment $382,808.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34527-102099) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Roanoke Higher Education Authority Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 303.)
Mr. Trout moved the adoption of. Ordinance No. 34527-102099.
The motion was seconded by Mr. Swain and adopted by the following .
vote:
AYES: Council Members Hudson, Swain, Trout, White and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member Wyatt were absent.)
REPORTS OF COMMITTEES:
BUDGET-LIBRARIES-EQUIPMENT: Council Member Carroll E.
Swain, Chairperson, Bid Committee, presented a written report on
behalf of the Committee, in connection with bids received by the City
for Roanoke City Main Library Roof Replacement/Repair Phase II
project.
It was advised that three bids were received, with Consolidated
Industrial Roofing, Inc., submitting the Iow base bid, in the amount of
$32,855.00 and Bid Item No. 1 equal to $30,703.00, for a total of
$63,558.00; the City Manager has authority to execute a contract with
the Iow bidder; and funding needs to be appropriated by Council for the
project.
The Bid Committee recommended that Council authorize the
Director of Finance to appropriate $28,500.00 from CMERP 1999-2000
and transfer $28,363.00 from Building Maintenance - Fixed Assets,
Account No. 001-052-4330-3057, to Main Library Roof & Asbestos
Abatement, Account No. 008-052-9624-9003.
ACTION:
ACTION:
263
The Acting City Manager submitted a written report concurring
in the recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34528-102099) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General Fund and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 304.)
Mr. Swain moved the adoption of Ordinance No. 34528-102099.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member Wyatt were absent.)
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
DECEASED PERSONS: Mr. Trout offered the following resolution
memorializing the late Reverend Charles T. Green, civic leader, who
passed away on October 8, 1999: ~
(#34529-102099) A RESOLUTION memorializing the late Reverend
Charles T. Green.
(For full text of Resolution, see Resolution Book No. 62, page 305.)
Mr. Trout moved the adoption of Resolution No. 34529-102099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
264
ACTION:
AYES: Council Members Hudson, Swain, Trout, White and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member Wyatt were absent.)
AMTRAK: Mr. Trout offered the following resolution in support of
passenger rail service from the Washington, D. C., and Richmond,
Virginia, areas through Roanoke to Bristol, Virginia:
(#34530-102099) A RESOLUTION in support of passenger rail
service to the southwest Virginia area.
(For full text of Resolution, see Resolution Book No. 62, page 307.)
Mr. Trout moved the adoption of Resolution No. 34530-102099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member Wyatt were absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
CELEBRATIONS-COUNCIL: Council Member Trout advised that
Members of Council have received numerous telephone calls from
citizens, Parent-Teacher Associations of various City schools, school
teachers and churches, etc., expressing concern in regard to
observance of Halloween on Sunday, October 31, 1999; whereupon, he
offered the following resolution designating Saturday, October 30 as
the official date for the 1999 observance of Halloween in the City of
Roanoke:
(#34531-102099) A RESOLUTION designating Saturday,
October 30, 1999, as the official date for the 1999 observance of
Halloween in the City.
ACTION:
265
(For full text of Resolution, see Resolution Book No. 62, page 308.)
Mr. Trout moved the adoption of Resolution No. 34531-102099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
ACTION:
AYES: Council Members Hudson, Swain, Trout, White and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ....................................................................... 0.
(Mayor Bowers and Council Member Wyatt were absent.)
In the future, when Halloween falls on Sunday, Council Member
Swain requested that the appropriate action be taken to observe the
day on Saturday.
CITY MANAGER-COUNCIL: Mr. Hudson moved that Council hold
a Closed Meeting to discuss a matter with regard to interviewing
candidates for the position of City Manager, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Hudson, Swain, 'Trout, White and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None .................... , .................................................. 0.
(Mayor Bowers and Council Member Wyatt were absent.)
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
PURCHASE/SALE OF PROPERTY-
SIGNSlBILLBOARDSlAWNINGS-HOUSINGIAUTHORiTY: Ms. Evelyn D.
Bethel, 35 Patton Avenue, N. E., appeared before Council in connection
with Council's action which was taken on Monday, October 4, 1999, to
adopt Ordinance No. 34302-100499, on its second reading, which
authorizes acceptance of a donation and conveyance of certain
property identified as Official Tax No. 2022611, located on McDowell
Avenue, N. W., to the City from the Roanoke Redevelopment and
Housing Authority for construction of a new sign at the entranceway of
the Historic Gainsboro District.
266
She emphasized certain comments in recent correspondence
received by Council in regard to the proposed historic sign at
Gainsboro Road/McDowell Avenue. She stated that it has been said
that haste makes waste and it is not often in life, either personally or
professionally, that there is an opportunity to go back and to reevaluate
a previous decision; therefor, along with the Roanoke Valley
Preservation Foundation, she requested that Council reconsider its
decision to place a marker containing the words, "Historic Gainsboro"
at the Gainsboro Road/McDowell Avenue location. She pointed out that
in correspondence dated October 5, 1999, from architectural historian
and preservation consultant, Leslie Giles, it is noted that the Gainsboro
Road/McDowell Avenue intersection does not reflect the boundaries of
any historic district either listed in or eligible for a local, state or
national historic register. She advised'that Ms. Giles has suggested
that the City should expand t he local historic district to incorporate
those other areas of the Gainsboro neighborhood that contribute to the
character of the larger national register eligible district. She also
referred to correspondence from Mary Beth Layman, President,
Roanoke Valley Preservation Foundation, requesting that Council give
careful consideration when identifying historic districts and that
community identification of historic landmarks and districts provide
credibility to the research and commitment to properly preserve
historic resources and that any further signage reflect the history,
character and geographical location of an actual historic district.
Upon question by Ms. Bethel, the Vice-Mayor advised that the
Mayor has responded, in writing, to the above referenced
communications on behalf of the Members of Council.
At 3:55 p.m., the Vice-Mayor declared the meeting in recess until
7:00 p.m.
On Monday, October 20, 1999, at 7:00 p.m., the Roanoke City
Council reconvened in regular session in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with the following Council Members in attendance, Mayor
Bowers presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout and Mayor David A. Bowers ....................... -4.
ABSENT: Vice-Mayor C. Nelson Harris, Council Members William
White, Sr. and Linda F. Wyatt ........................................................ 3.
267
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager;
Diane S. Akers, Acting 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 Mayor
Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
HEARING OF CITIZENS: None.
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 20, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Pheasant
Ridge Office Park, LLC, that an approximately 0.28 acre tract of land
located at 4416 Old Rocky Mount Road, S. W., identified as a portion of
Official Tax No. 5470122, be rezoned from RS-3, Single Family
Residential District, to C-1, Office District, subject to certain conditions
proffered by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Friday, October 1 and Thursday, October 7,
1999, and in The Roanoke Tribune on Thursday, October 7, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that Pheasant
Ridge Development on adjacent property was the subject of a previous
conditional rezoning from RM-2 to C-1 in 1996 for development of an
elderly nursing facility and independent living facilities; facilities are
still under construction, with some being completed; and Pheasant
Ridge Office Park, LLC, has a contract to purchase a portion of Official
Tax No. 5470122, in order to provide for an improved parking lot and
walking trail design, was before Council.
The City Planning Commission recommended that Council
approve the request for rezoning, and advised that the proposed
development of the subject property is reasonable and is consistent
268
ACTION:
with the previous conditional rezoning for the adjacent property; and
the revised parking lot and walking trail with landscaped buffer will
assist the developer in constructing a better project.
(For full text, see report on file in the City Clerk's Office.)
Richard L. Jones, AIA, Spokesperson, appeared before Council
in support of the request.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34532) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 547, 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. 62, page 309.)
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request for rezoning.
The City Attorney advised of the need to amend the proposed
ordinance to provide for a 0.35 acre tract of land instead of a 0.28 acre
tract of land;whereupon, Mr. Trout moved that Ordinance No. 34532, on
its first reading, be amended accordingly. The motion was seconded
by Mr. Swain and adopted.
No person wishing to address Council, Ordinance No. 34532, as
amended on its first reading, was adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout and Mayor
Bowers ....................................................................................... -4.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris and Council Members White and Wyatt were absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, October 20, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Lee Hartman
& Sons, Inc., to amend a proffered condition for rezoning of property
269
located at 3230 Cove Road, N. W., which property was previously
conditionally rezoned, pursuant to Ordinance No. 32865-040196,
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 Monday, October 4 and Monday, October 11,
1999, and in The Roanoke Tribune on Thursday, October 7, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
applicant obtained a conditional rezoning of the subject property in
April, 1996, from RM-1, to C-2, for the purpose of constructing a
warehouse; and the only condition on the property was as follows, was
before Council.
"That the property will be developed in substantial
conformity with the site plan prepared by Townside
Construction Co., Inc., dated January 11, 1996, a copy of
which is attached to the Petition for Rezoning as Exhibit
B, subject to any changes required by the City during site
plan review."
It was explained that the applicant desires to construct a
warehouse not to exceed 4,000 square feet in size, which is not
consistent with the approved proffered development plan which shows
a warehouse of 1,000 square feet; and the applicant filed a petition on
September 9, 1999, requesting an amendment to the proffered
condition approved pursuant to Ordinance No. 32865-040196, with the
following proffered condition:
"That the property will be developed in substantial
conformity with the site plan prepared by Townside
Construction Co., Inc., dated August 25, 1999, a copy of
which is attached to the Petition for Rezoning as Exhibit
B, allowing a warehouse building of no larger than 4,000
sq. ft., subject to any changes required by the City during
site plan review."
The City Planning Commission recommended that Council
approve the request to amend the proffered condition, and advised that
the amended request is reasonable and similar te the initial request for
270
ACTION:
expanding the existing commercial development; and staff believes
that the required landscaping will sufficiently buffer adjoining
residential properties.
(For full text, see report on file in the City Clerk's Office.)
Lee Hartman, Spokesperson, appeared before Council in support
of the request.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34533) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of
the City of Roanoke (1979), as amended, and Sheet No. 256, Sectional
1976 Zone Map, City of Roanoke, in order to amend certain conditions
presently binding upon certain property previously conditionally zoned
C-2, General Commercial District.
(For full text of Ordinance, see Ordinance Book No. 62, page 310.)
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. 34533 was adopted, on its first reading, by the following
vote:
AYES: Council Members Hudson, Swain, Trout,
and Mayor Bowers ....................................................................... -4.
NAYS: None ....................................................................... O.
(Vice-Mayor Harris and Council Members White and Wyatt were absent.)
PARKS AND RECREATION-LEASES-BLUE RIDGE PUBLIC
TELEVISION: The City Clerk having advertised a public hearing for
Monday, October 20, 1999, 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
the City's proposal to lease a 5.0 acre parcel of land located in Fishburn
Park, along with a 50 foot wide right-of-way, for an access road to Blue
Ridge Public Television, for the purpose of operating a public television
station and related activities for a period of five years, the matter was
before the body.
ACTION:
271
Legal advertisement of the public hearing was published in
The Roanoke Times on Tuesday, October 12, 1999.
(See publisher's affidavit on file in the City Clerk's Office.)
William M. Hackworth, City Attorney, appeared before Council in
support of the proposal.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34534) AN ORDINANCE authorizing and providing for the lease
by the City of five acres of City-owned property, along with a right-of-
way for an entrance road, in Fishburn Park to Blue Ridge Public
Television, subject to certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 311.)
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. 34534 was adopted, on its first reading, by the following
vote:
AYES: Council Members Hudson, Swain, Trout,
and Mayor Bowers ....................................................................... -4.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris and Council Members White and Wyatt were absent.)
EASEMENTS-WATER RESOURCES: Pursuant to motion adopted
by Council, the City Clerk having advertised a public hearing for
Monday, October 20, 1999, 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
the City's proposal to grant a 25 foot wide access easement across
City-owned property at Carvins Cove Watershed, to Norma Jean
Sigmon, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Sunday, October 10, 1999.
(See publisher's affidavit on file in the City Clerk's Office.)
272
ACTION:
ACTION:
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34535) AN ORDINANCE authorizing execution of a deed
granting a permanent easement across City-owned property located in
the Carvins Cove Watershed located in Roanoke County for use as an
access road by an adjoining property owner, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 312.)
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 34535 was adopted, on its first reading, by the following
vote:
AYES: Council Members Hudson, Swain, Trout,
and Mayor Bowers ........................................................................ 4.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris and Council Members White and Wyatt were absent.)
TRAFFIC-EASEMENTS-WATER RESOURCES: Pursuant to
instructions of Council, the City Clerk having advertised a public
hearing for Monday, October 20, 1999, 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 the City's proposal to grant a utility easement
across City-owned property, identified by Official Tax No. 1360301, and
being adjacent to the intersection of Brambleton Avenue and Overland
Road, S. W., to Bell Atlantic-Virginia, upon certain terms and conditions
in connection with the Brambleton/Overland Signalization Project, the
matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Sunday, October 10, 1999.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
273
(#34536) AN ORDINANCE authorizing the donation and
conveyance of an easement across City-owned property identified as
Official Tax No. 1360301 located on property adjacent to the
intersection of Brambleton Avenue and Overland Road to Bell Atlantic-
Virginia, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 313.)
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 34536 was adopted, on its first reading, by the following
vote:
ACTION:
AYES: Council Members Hudson, Swain, Trout,
and Mayor Bowers ....................................................................... -4.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris and Council Members White and Wyatt were absent.)
EASEMENTS-INDUSTRIES-WATER RESOURCES-APPALACHIAN
POWER COMPANY: Pursuant to instructions of Council, the City Clerk
having advertised a public hearing for Monday, October 20, 1999, 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 the City's proposal to grant
a utility easement across City-owned property identified by Official Tax
No. 7230101, and being located in the Roanoke Centre for Industry and
Technology, to Appalachian Power Company, for the purpose of
extending electric power lines to serve the remaining parcels on Blue
Hills Drive, upon certain terms and conditions, as more particularly set
forth in a report of the Water Resources Committee dated October 4,
1999, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on October 10, 1999.
(See publisher's affidavit on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
274
(#34537) AN ORDINANCE authorizing the donation and
conveyance of an easement across City-owned property identified as
Official Tax No. 7230101, located at the Roanoke Centre for Industry
and Technology (RCIT) to Appalachian Power Company, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 314.)
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 34537 was adopted, on its first reading, by the following
vote:
AYES: Council Members Hudson, Swain, Trout,
and Mayor Bowers ........................................................................ 4.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris and Council Members White and Wyatt were absent.)
OTHER HEARING OF CITIZENS:
TRAFFIC-SCHOOLS: Ms. Phyllis A. Williams, President, William
Ruffner Parent-Teacher Association, presented a petition requesting
school zone signs, traffic lights, road markings and school crossing
guards for the safety of children attending William Fleming High School
and William Ruffner Middle School, and for all children crossing
Hershberger Road, N. W.
Following discussion, the request was referred to the Acting City
Manager for appropriate response.
MISCELLANEOUS: Mr. Robert Gravely, 1412 Moorman Road,
N. W., appeared before Council and quOted certain verses of scripture
from the Bible.
TRAFFIC-MISCELLANEOUS-COMPLAINTS-UNITED STATES
POST OFFICE-CITY EMPLOYEES-EMPLOYEE ORGANIZATIONS-FEE
COMPENDIUM: Mr. George Gunther, P. O. Box 12353, addressed the
following concerns:
The manner in which City employees respond to
requests of citizens;
275
2. The status of the City employee union organization;
Restrooms are not available for public use in the
main Post Office and branch Post Office locations,
water fountains are not readily accessible, and
certain requirements of the Americans With
Disabilities Act have not been addressed;
The need for a traffic light at the intersection of
Liberty Road and Courtland Avenue, N. E.;
5. A fee of $.26 per page for copies of City documents;
Certain provisions of the inoperative motor vehicle
ordinance; and
What constitutes a "panel" under the inoperative
motor vehicle ordinance and how is a "panel"
selected?
It was the consensus of Council that the Acting City Manager
would meet with Mr. Gunther to address his concerns.
There being no further business, the Mayor declared the meeting adjourned
at 7:50 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
276
SPECIAL MEETING .... ROANOKE CITY COUNCIL
October 25, 1999
3:00 p.m.
The Council of the City of Roanoke met in Special Session on Monday,
October 25, 1999, at 3:00 p.m., in the City Council Chamber, 215 Church Avenue,
S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Section
10, Meetings of Council, Charter of the City of Roanoke.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O.
Trout, Linda F. Wyatt (arrived late) and Mayor David A. Bowers .......................... 6.
ABSENT: Vice-Mayor C. Nelson Harris ........................................................ 1.
OFFICERS PRESENT: James D. Grisso, Director of Finance; and Mary F.
Parker, City Clerk.
COUNCIL-CITY MANAGER: The Special Meeting was called pursuant to the
following communication from the Mayor under date of October 21, 1999, for the
purpose of convening in a Closed Meeting to discuss and consider prospective
candidates for employment for the position of City Manager.
October 21, 1999
The Honorable Vice-Mayor and
Members of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
Pursuant to Section 10, Meetings of Council, of the Charter of the City of Roanoke,
I am calling a Special Meeting of Council on Monday, October 25, 1999, at 3:00 p.m.,
in the City Council Chamber.
The purpose of the meeting will be to convene in Closed Meeting to discuss and
consider prospective candidates for employment for the position of City Manager.
277
Sincerely,
DAB/lo
David A. Bowers
Mayor
pc:
James D. Ritchie, Sr., Acting City Manager
Diane S. Akers, Acting Assistant City Manager
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
Mary F. Parker, City Clerk
Willard N. Claytor, Director, Real Estate Valuation
Robert H. Bird, Municipal Auditor
The Mayor announced that Vice-Mayor Harris 'telephoned the Mayor's Office
to advise that he would not arrive at the Council meeting until approximately 3:30 -
3:45 p.m., and requested that Council hold any action in abeyance until his arrival.
Mr. Hudson moved that Council convene in a Closed Meeting to discuss and
consider prospective candidates for employment for the position of City Manager,
pursuant to Section 2.1-344 (A) (1), Code of Virginia, 1950, as amended. The motion
was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White and Mayor Bowers---5.
NAYS: None ............................................................................................ 0.
(Council Members Harris and Wyatt had not arrived at the meeting.)
At 3:05 p.m., the Mayor declared the meeting in recess.
Council Member Wyatt arrived at the meeting during the Closed Meeting.
At 3:45 p.m., the Special Meeting reconvened in the City Council Chamber,
with all members of the Council in attendance, except Vice-Mayor Harris, Mayor
Bowers presiding.
With respect to the Closed Meeting just concluded, Mr. Swain moved that each
Member of 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 the Members of Council in attendance. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt and Mayor
Bowers ......................................................................................................... 6.
NAYS: None ............................................................................................. 0
(Vice-Mayor Harris was absent.)
The Mayor advised that another Special Session of Council would be
convened immediately following adjournment of this meeting.
There being no further business, the Mayor declared the Special Meeting
adjourned at 3:47 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
279
SPECIAL MEETING --- ROANOKE CITY COUNCIL
October 25, 1999
3:50 p.m.
The Council of the City of Roanoke met in Special Session on
Monday, October 25, 1999 at 3:50 p.m., in the City Council Chamber, 215 Church
Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to
Section 10, Meetings of Council, Charter of the City Of Roanoke.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O.
Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ................... 6.
ABSENT: Vice-Mayor C. Nelson Harris ..................................................... 1.
OFFICERS PRESENT: William M. Hackworth, City Attorney; and Mary F.
Parker, City Clerk.
COUNCIL-CITY MANAGER: The Mayor advised that he was calling the Special
Meeting of Council, pursuant to provisions of Section 10, Meetings of Council,
Charter of the City of Roanoke, which provides that Special Meetings of Council
may be held at any time without notice, on the call of the Mayor or the City Manager,
provided at least five Members of Council attend such meeting.
Mr. Hudson offered the following resolution electing and appointing Darlene L.
Burcham as City Manager of the City of Roanoke, effective January 1, 2000, or such
earlier date that Ms. Burcham may be able to assume such position:
(#34538-102599) A RESOLUTION electing and appointing Darlene L. Burcham
as City Manager for the City of Roanoke, and ratifying the terms and conditions of
employment as City Manager offered to Ms. Burcham.
(For full text of Resolution, see Resolution Book No. 62, page 308A.)
Mr. Hudson moved the adoption of Resolution No. 34538-102599. The motion
was seconded by Mr. Trout.
The Mayor reiterated the request of Vice-MaYor Harris that Council hold in
abeyance any action until his arrival at approximately 3:30 - 3:45 p.m.
Resolution No. 34538-102599 was adopted by the following vote:
280
AYES: Council Members Hudson, Swain, Trout, and White ....................... -4.
NAYS: Council Member Wyatt and Mayor Bowers ..................................... 2.
(Vice-Mayor Harris was absent.)
Mr. Hudson moved that the following ordinance be placed upon its first
reading:
(#34539) AN ORDINANCE establishing compensation for the City Manager of
the City of Roanoke for the fiscal year beginning July 1, 1999, and providing for an
effective date.
The motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout and White ........................... -4.
NAYS: Council Member Wyatt and Mayor Bowers ........................................ 2.
(Vice-Mayor Harris was absent.)
There being no further business, the Mayor declared the Special Meeting
adjourned at 4:00 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
281
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 1, 1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
November 1, 1999, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular
Meetings. of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979),
as amended.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O.
Trout, William White, Sr., C. Nelson Harris and Mayor David A. Bowers ................ 6.
ABSENT: Council Member Linda F. Wyatt ............................................... 1.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; James D.
Grisso, Director of Finance; and Mary F. Parker, City Clerk.
MAPS-CITY MAPPING PROGRAM: The Acting City Manager introduced a
briefing by the Assistant City Engineer, Philip C. Schirmer, regarding the
Geographical Information System (GIS Mapping System).
Mr. Schirmer advised that the GIS Mapping System is available through the
City's Internet web-site and worked with a live connection to the Internet for
demonstration purposes. He stated that the GIS was initiated approximately three
years ago when initial funding was provided to convert paper maps to digital maps;
and the GIS provides an opportunity to improve customer service through
information technology. He advised that citizens, real estate professionals such as
appraisers, realtors, and insurance agents and numerous City departments such as
Police, Fire and Rescue, Planning and Zoning, Public Works, Parks and Recreation,
Building and Grounds Maintenance and Utility Lines Services rely on GIS
information which is publicized by the City Engineer's Office. In summary, he
explained that there are approximately 44,000 parcels of real estate in the City of
Roanoke which have been mapped under the GIS system to reflect the street system,
public rights-of-way, flood plains, sanitary sewer system, fire hydrant locations,
street address data, zoning information, land use information, real estate data,
school data, aerial photography coverage for certain parts of the City, and fire
station locations.
Following questions and observations by the Members of Council, the Mayor
advised that without objection by Council, the briefing would be received and filed.
282
EMERGENCY SERVICES: The Acting City Manager introduced a briefing on
Project Impact which has been an important regional project addressing the
prevention of disasters, and called upon Wanda B. Reed, Manager, Office of
Emergency Services, for remarks.
Ms. Reed advised that in 1999, the Roanoke Valley was chosen as Virginia's
first community to participate in Project Impact and the Roanoke Valley received
$500,000.00 as seed funds from the Federal Emergency Management Agency (FEMA)
to build community initiatives. She called upon Maureen P. Castern, Project Impact
Coordinator, for remarks.
Ms. Castern advised that the Project Impact grant began in December 1998
and will continue through December 2000, staffed by one employee, 100 volunteers,
and 78 organizations and businesses. She stated that the current agreement
includes $167,000.00 worth of in kind contributions of time from the staffs of the four
jurisdictions of the Roanoke Valley and that commitment was attained within the first
six months of the two year grant; and to date, there is about $280,000.00 worth of
time, materials and funding to help build a disaster resistant community in the
Roanoke Valley. She noted that City staff donated approximately 800 hours of time
to the project, the work is divided into six subcommittees or work groups and
Wanda Reed chairs the Steering Committee. She explained that most of the
resources will be spent in the storm water management work group because,
historically, flooding is the biggest disaster that the Roanoke Valley has
encountered; the first project of the storm water management work group is to
prepare 100 elevation certificates in a format that was approved by FEMA that
provides a survey of sites in a flood plain to determine the elevation of the sites, and
how high flooding would occur in a specific structure if a 100 year flood took place
which allows the property owner to take the necessary precautions to prepare for
flooding conditions by elevating equipment, electrical boxes, etc. She stated that
Project Impact supports the I-Flow system in the Roanoke Valley which is a program
from the National Weather Service that determines th*e storm water level at any time
and sends a radio signal that can be accessed via computer by a public or
emergency service department that provides a reading of the water level in any
stream; i.e.: if the Roanoke Valley is experiencing heavy rainfall, a business owner
could make crucial decisions on relocating equipment and personnel. She added
that a small grant of $300.00 is available to any business that wishes to install the
software for that purpose. She called attention to public education programs to
inform citizens of the definition of impervious areas, the workings of a flood plain
and the GIS Mapping system, etc. She reviewed the duties and responsibilities of
the work groups and advised that in the future, it is hoped to take steps toward
improving storm water management in the Roanoke Valley, although it is more of a
major issue than that which can be addressed in Project Impact.
Ms. Castern presented the City of Roanoke with a Certificate of Appreciation
for the City's support of Project Impact.
283
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
At 1:00 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Monday, November 1, 1999, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council
Members in attendance, Mayor Bowers presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O.
Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris and Mayor David A.
Bowers ......................................................................................................... 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting 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 Robert
Watts, Pastor, Greene Memorial United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
PRESENTATIONS:
COUNCIL-DECEASED PERSONS: Mr. White offered the following
resolution memorializing the late Dr. Noel C. Taylor, former Mayor and
Council Member who passed away on October 29, 1999:
(#34540-110199) A RESOLUTION memorializing the late Dr.
Noel C. Taylor, minister, beloved mayor, civic leader, and humanitarian.
(For full text of Resolution, see Resolution Book No. 62, page 316.)
ACTION:
Mr. White moved the adoption of Resolution No. 34540-110199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
284
DECEASED PERSONS: Mr. Trout offered the following resolution
memorializing the late Reverend Ottawa R. Pullen, former pastor of
First Baptist Church of Elliston and Blue Ridge Baptist Church of Blue
Ridge who passed away on October 11, 1999:
(#34541-110199) A RESOLUTION memorializing the late Reverend
Ottawa R. Pullen.
(For full text of Resolution, see Resolution Book No. 62, page 318.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34541-110199.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
The Mayor presented a ceremonial copy of the above referenced
resolution to Mrs. Pullen and expressed the sympathy of the citizens of
the City of Roanoke and Members of Council.
PROCLAMATIONS: The Mayor presented a proclamation
declaring the month of November, 1999 as Adoption Awareness Month.
(For full text, see Proclamation on file in the City Clerk's Office.)
ACTS OF ACKNOWLEDGEMENT-UNITED STATES POST OFFICE:
The Mayor introduced Ms. Virginia Monganbarton, a letter carrier, who
on Tuesday, July 27, 1999, was delivering mail to the residence of a
disabled person on Marshall Avenue, S. W., whose wheelchair was
broke preventing him from getting to the telephone or the front door.
After determining that she could not gain entry to the residence, Ms.
Monganbarton summoned local emergency personnel and remained
with the individual until emergency service personnel arrived on the
scene. The Mayor advised that the weather was extremely hot during
that time. The resident had been trapped in his apartment since
Sunday evening with all doors and windows secured, and his
wheelchair was damaged to the extent that he was unable to move to
obtain the necessary essentials.
285
The Mayor commended Ms. Monganbarton for her actions which
reflected great citizenship and presented her with a crystal star in
recognition of her willingness to come to the assistance of her fellow
man.
DIRECTOR OF FINANCE-ACTS OF ACKNOWLEDGEMENT: On
behalf of the Members of Council, the Mayor congratulated Jesse A.
Hall, Deputy Director of Finance, newly elected President of the Virginia
Government Finance Officers Association (VGFOA). He presented
Mr. Hall with a gold star paperweight in recognition of his
accomplishment.
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 a Closed Meeting 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 the
Council.
ACTION'
MINUTES: Minutes of the regular meetings of Council held on
Monday, August 2, 1999, and Monday, August 16, 1999; and the special
meetings of Council held on Friday, August 6, 1999, and Wednesday,
August 11, 1999, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. White moved that the reading of the Minutes be dispensed
with and that the Minutes be approved .as recorded. The motion was
seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in a Closed Meeting to
discuss personnel matters relating to vacancies on various authorities,
286
ACTION:
ACTION:
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Mayor
to convene in 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. Swain and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
COUNCIL-CITIZEN OF THE YEAR: A communication from Mayor
David A. Bowers 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 report on file in the City Clerk's Office.)
Mr. White 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. Swain and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
PENSIONS: A communication from Mayor David A. Bowers with
regard to the financial status of the employee pension fund of the City
of Roanoke, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
ACTION:
287
Mr. White moved that the communication be removed from the
Consent Agenda for discussion. The motion was seconded by
Mr. Swain and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
(See page 288.)
CITY MANAGER: A communication from Council MemberWilliam
White, Sr., recommending appointment of a Transition Team to assist
the City's newly appointed City Manager during the transition period,
was before Council.
Mr. White recommended that the Transition Team consist of the
six Council Appointed Officers: James D. Ritchie, Sr., Acting City
Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; Willard N. Claytor, Director, Real Estate Valuation;
Mary F. Parker, City Clerk; and Robert H. Bird, Municipal Auditor.
It was advised that prior to arrival of the new City Manager in
Roanoke in January, the role of the Transition Team would be to
provide pertinent information and data to the new City Manager related
to current and future issues that will impact the City of Roanoke; some
of the key issues that should be addressed are: the upcoming fiscal
year budget process, the City's continuing vision statement,
coordination of meetings with key stakeholders in the community,
neighborhood groups, the business community, and various churches
and civic organizations; in addition, the Transition Team should
transmit information and schedule meetings through the City Clerk's
Office; each Council Appointed Officer should be requested to prepare
a list of key issues affecting their department which should be
coordinated with the City Clerk for transmittal; and the City Clerk would
serve in the role of assisting the Mayor and Council Members in
coordinating initial meetings with the new City Manager to share
individual points of view.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the recommendation.
The motion was seconded by Mr. Swain and adopted by the following
vote:
288
ACTION:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
ROANOKE CiViC CENTER-OATHS OF OFFICE-COMMITTEES: The
following reports of qualification were before Council:
Vernon M. Danielsen and Mark E. Feldmann as members
of the Roanoke Civic Center Commission for terms ending
September 30, 2002.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
REGULAR AGENDA
PENSIONS: Having previously been removed from the Consent
Agenda for discussion, a communication from Mayor David A. Bowers
with regard to the financial status of the employee pension fund of the
City of Roanoke was before Council.
The Mayor advised that as a Member of the Pension Board for the
Employee Supplemental Retirement System of the City of Roanoke, he
wished to provide information which was received at the most recent
meeting held on October 13, 1999, in which ~the actuarial firm of
Slabaugh, Morgan & White reported to the Board that the City's pension
fund is doing "very well". He added that good performance outweighed
increases due to changes as a result of the 2 per cent cost of living
adjustment and, more significantly, the increase from 2.0 per cent to 2.1
per cent of the ESRS benefit multiplier for each year of service, which'
effectively increased maximum benefits to 63 per cent of average final
compensation, and increased the actuarial liability by $5.5 million. He
advised that from a financial perspective, the pension fund is
performing well and benefits have increased for retirees; the market
ACTION:
289
value of assets is $347,669,479.00, although the actuarial asset value
is only $274,348,723.00; and the funded ratio, which was 109 per cent
last year, has increased to 112 per cent.
The Mayor further advised that four years ago, the contribution
rate, according to the Secretary of the Board of Trustees, ESRS, was
about 12 per cent, which equaled $7.2 million; this year's contribution
rate is only 8.25 per cent, which translates to $4.8 million; thus, the City
has, through good management of the fund, and with increased
benefits to employees, saved the taxpayers $2 to $3 million which is
now available for other taxpayer needs and expenditures.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Swain inquired if the City will actually see the
benefit of $2 - 3 million in City revenues; whereupon, the Director of
Finance advised that the actuarial report covered the year ended June
30, 1999, the recommended rate will be reflected in the 2000-01 fiscal
year budget, and Council will ultimately decide the contribution rate to
the retirement system. He stated that based on its funding status as
of June 30, 1999, the contribution rate could be cut from 8.25 per cent
to 4.33 per cent which is a large reduction and if there is one dollar of
unfunded accrued liability, the contribution rate would go to 10.50 per
cent, therefor, there would be some risk in cutting the contribution rate
that Iow. He advised that Council Member Swain's question will be
addressed as a part of fiscal year 2000-01 budget study.
There being no further questions, and without objection by
Council, the Mayor advised that the communication would be received
and filed.
Mr. White moved that the communication be received and filed.
The motion was seconded by Mr. Swain and unanimously adopted.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SCHOOLS: Dr. E. Wayne Harris, Superintendent, Roanoke City
Public Schools, presented a briefing with regard to evidences of
increased student performance.
He advised that there are very clear skills, knowledge and
experiences that all students must have if they are to be successful as
they move from one grade to the next and as they move out of the
public school system and on to college or to the world of work. He
stated that those skills are clearly stated in a book entitled, "Teaching
290
the New Basic Skills, Principles for Educating Children to Thrive in a
Changing Society". He advised that basic skills are reading, a clear
understanding and the ability to do mathematics, and the ability to
problem solve. He stated that three soft skills have been identified: the
ability to get along and work in a group, the ability to be able to present
oral and written presentations, and the understanding and use of
computers. He explained that if the SAT scores in the United States are
compared with those at Patrick Henry High School, Patrick Henry
students scored three points higher in mathematics, and 29 points
higher on verbal skills than students throughout the rest of the nation,
and Patrick Henry students scored 15 points higher than Virginia
students on the mathematics portion and 26 points higher on the verbal
skills portion. He stated that these gains are significant, and, in fact,
Patrick Henry students, as a group have the second highest SAT
scores of any students in the region. He added that Standards of
Learning tests pose both challenges and opportunities and when the
spring of 1998 is compared with the spring of 1999 scores, there is a
trend toward improvement in virtually'every area. He advised that
William Fleming High School SOL scores improved significantly in ten
of the 11 testing areas, Patrick Henry students improved in eight of the
11 areas, and the Virginia Department of Education has recognized
several City schools for their improvements. He stated that SOL
improvements were significant enOugh at two of the City's middle
schools, Breckinridge and Jackson, to rank in the top 25 most
improved schools in Virginia (there are i'800 schools in the
Commonwealth of Virginia). He advised that Noel C. Taylor Learning
Academy is in the top 15 most improved combined schools in the state;
and out of 15 schools in the region, seven of the most improved in the
region are Breckinridge, Jackson, Ruffner, Woodrow, Patrick Henry,
William Fleming and Noel Taylor Learning Academy. He noted that
Roanoke City is receiving telephone calls from school districts
throughout the state inquiring about the City's actions to experience
the gains that it has realized. He stated that there is much to be proud
of in regard to SAT scores, SOL improvements and recognition by the
State Department of Education.
In regard to the persistent issue of disparity in achievement
between African-American students and Caucasian students, Dr. Harris
stated that this is a difficult issue and has been commonly referred to
as the achievement gap. He advised that if one looks at the SOL test
scores for two years, there is a narrowing of the gap between African-
American and Caucasian students; and the school system will continue
to focus on this element as to examples, data and design programs for
all students. He stated that the nation looks closely at two measures
ACTION:
291
of success of high school students; viz: (1) the highly exclusive
national merit program which is the most competitive program in the
country and is based on how well students have performed on PSAT
scores and last year Patrick Henry High School had three national merit
finalists and only one other school in the region tied with Roanoke City;
and the second exclusive program for high school students is the
nationally recognized advanced placement testing program, in which
217 students from the two high schools took the examinations in 1998
and 275 took the examinations in 1999 and a score of 3, 4, or 5 enables
the student to receive college credit. He stated that in 1999, 100 per
cent of the students taking Advanced Placement Biology, Advanced
Placement Language and Composition, and Advanced Placement
Calculus scored a 3, 4, or 5, and in one class of 20 students that took
Advanced Placement Calculus, all 20 students passed the test and 14
passed with a score of 5.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
PETITIONS AND COMMUNICATIONS:
TRAFFIC-LEGISLATION-TOURISM-VISITOR'S INFORMATION
CENTER: A communication from Mayor David A. Bowers and Council
Member William White, Sr., with regard to a Roanoke Valley Travelers
Information Center at 1-81 and Plantation Road, was before Council.
It was advised that former Senator J. Granger Macfarlane has met
with the Mayor and Council Member White regarding the proposed
"regional welcome centers" which the Governor is budgeting for the
Fredericksburg and Williamsburg areas of the State. They advised that
Senator Macfarlane believes that western Virginia should not be left
out, and the Roanoke Valley should join together to investigate and
support the possibility of a similar State funded, sponsored and
operated facility along 1-81 in the Roanoke Valley.
(For full text, see communication and supporting documentation on file
in the City Clerk's Office.)
Former Senator J. Granger Macfarlane presented information on
the Roanoke Valley Travelers Information Center, and advised that
there is every reason to designate Roanoke for the Roanoke Valley
Travelers Information Center, because of its location on 1-81 and its
equal distance between Bristol and Winchester, and there is every
indication that a Blue Ridge Tourist Park and Plaza could be developed
in this area. He asked that Council give serious consideration to a
292
ACTION:
request for State planning funds in the approximate amount of
$200,000.00 for a Blue Ridge Tourist Park and Plaza for western
Virginia. He called attention to the outstanding timing opportunity,
because in trying to build a coalition, it is desirable to have persons
from both sides of the state to join together and this is the time to
request planning funds so that the Roanoke area can be inserted at the
proper level, and over the next year representatives of the City of
Salem, Botetourt County, Roanoke County, the Town of Vinton and the
City of Roanoke can begin the planning for a Western Virginia Blue
Ridge Tourist Park and Plaza.
Following discussion and without objection by Council, the
Mayor advised that the matter would be referred to the City's
Legislative Committee for review, consideration and possible inclusion
in the City's Year 2000 Legislative Program.
REPORTS OF OFFICERS:
ACTING CITY MANAGER:
BRIEFINGS:
PARKS AND RECREATION-ACTS OF ACKNOWLEDGEMENT: The
Acting City Manager submitted a written report with regard to two
awards received by the City of Roanoke Parks and Recreation
Department at the 45th Annual Conference of the Virginia Recreation
and Park Society held in Richmond, Virginia, on September 26 - 28,
1999, for localities in the 50,001 - 99,999 population category. He
congratulated the Parks and Recreation Department on receiving the
Best New Facility Award for the Rocwood Indoor Adventure Center and
the Best New Program Award for "Sunset on Mill Mountain" Summer
Concert Series.
(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.
ITEMS RECOMMENDED FOR ACTION:
POLICE DEPARTMENT-BUDGET: The Acting City Manager
submitted a written report advising that the Roanoke Foundation for
Downtown, Inc. (Foundation) was formed in May 1993 as a nonprofit
corporation for the purpose of assisting and promoting a mounted
patrol unit, community beautification projects, development of diverse
293
educational, cultural, artistic and recreational resources and activities,
and undertaking research, planning service, design, educational and
other activities relating to or benefitting the downtown area of the City
of Roanoke; the City of Roanoke's Mounted Patrol Unit was formed in
September 1993 for the purpose of handling day-to-day policing
operations in the downtown area, as well as special event
appearances; the Mounted Patrol, since its inception, has been located
in the 1600 block of Cleveland Avenue, S. W.; a team consisting of City
employees, private citizens, and members of the Foundation came
together in 1997 to identify key issues related to the Mounted Patrol
Unit and a key issue which was identified was the need to build a new
stable; and a concept plan, identified as Heritage Point, was unveiled
at a November 25, 1997, press conference showing the new location of
the Mounted Patrol stable and plans for restoration of an historic cabin
and a daycare center located on City property at the Roanoke Centre for
Industry and Technology (RCIT).
It was further advised that the Foundation, through charitable
donations and fund-raising activities, has $109,665.00 which will cover
the cost of building the new Mounted Patrol facility; in addition,
commitments for grading and other services have been received from
third party entities; the Foundation has agreed to build the facility by
the summer of 2000 for donation to the City of Roanoke for the City's
Mounted Patrol Unit; the City currently has no access to show the
property on the west side of the Roanoke Centre for Industry and
Technology (RCIT) to potential business entities; and a temporary
ingress and egress point is needed to support prospect activity and to
serve the Mounted Patrol until Blue Hills Drive is extended at an
approximate cost of $45,000.00.
It was explained that the City will provide water and sewer
extensions to the facility, at an estimated cost of $23,500.00, and pay
for water, fire, and sewer hookups to the facility, at an estimated cost
of $1,500.00; the City will provide up to $15,000.00 from the Capital
Maintenance and Equipment Replacement Program (CMERP) for
additional costs associated with completion of the facility; the City
currently provides the Foundation with $15,000.00 per year for
operating costs of the Mounted Patrol Unit, including feed, veterinary
care and equipment; and once donated, the City will maintain the
facility and be responsible for mowing, snow removal, electricity, and
water and sewer costs, at a yearly maintenance cost estimated at
$2,500.00.
294
ACTION:
The Acting City Manager recommended that he be authorized to
enter into a contract with the Roanoke Foundation for Downtown, Inc.,
to provide for construction of the Mounted Patrol Facility at RCIT by the
Foundation, with terms of the contract to be approved by the City
Attorney as to form; that he be authorized to accept, on behalf of the
City, pursuant to Section 2-263 of the Code of the City of Roanoke
(1979), as amended, the donation of the Facility from the Foundation
once the Facility is completed in accordance with approved plans; that
he further authorized to provide for water and sanitary sewer line
extensions, temporary public driveway and water, fire, and sewer
hookups to the facility; and provide $15,000.00 to the Foundation for
additional costs and expenses for work to be done by the Foundation,
to be appropriated from the Capital Maintenance and Equipment
Replacement Program to Downtown Foundation, Account No. 001-002-
7220-3696, for additional costs and expenses.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34542-110199) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 319.)
Mr. Trout moved the adoption of Ordinance No. 34542-110199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None .............................. ~ ........................................ 0.
Mr. Trout offered the following emergency ordinance:
(#34543-110199) AN ORDINANCE authorizing the City Manager to
enter into a contract with the Roanoke Foundation for Downtown, Inc.
(Foundation) for the construction by the Foundation of a horse stable
(Facility) for use by the Roanoke City Police Department and its
Mounted Patrol Unit (Patrol); authorizing the City Manager to accept, on
behalf of the City, pursuant to §2-263 of the Code of the City of
Roanoke, from the Foundation the donation of the Facility once it is
completed in accordance with the approved plans; authorizing the City
ACTION:
295
Manager to provide certain infrastructure improvements to the Facility
and the site; provide $15,000.00 from the Capital Maintenance and
Equipment Replacement Program (CMERP) for additional costs and
expenses for work to be done by the Foundation on the Facility; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 320.)
Mr. Trout moved the adoption of Ordinance No. 34543-110199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
RNDC: The Acting 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); Council authorized the City
Manager to amend the Annual Update to the HUD Consolidated Plan for
fiscal year 1997-98, pursuant to Resolution No. 33601-100697, adopted
on October 6, 1997, designating the Roanoke Neighborhood
Development Corporation as recipient of $140,189.00 in CDBG funds
and $9,649.00 formerly held by the Mayor's Henry Street Revival
Committee for infrastructure improvements for Henry Street and
execution of an Agreement with RNDC to obtain technical assistance
to increase its capacity to carry out eligible neighborhood revitalization
activities and/or economic development activities; and training and
capacity-building training services; Amendment No. 1 to the Agreement
provided an additional $5,000.00 in CDBG funds to cover costs for
budget items listed in the original agreement ar~! extended the time of
performance from November 1997 through October 31, 1999;
Amendment No. 2 to the Agreement provided $20,000.00 in additional
CDBG funding to RNDC for the purpose of an in-depth parking study to
determine parking requirements for existing facilities in the area
surrounding Henry Street; Amendment No. 3 to the Agreement provided
an additional $146,400.00 in CDBG funds to cover costs for additional
technical assistance and to extend the time of performance from
November 1, 1997 through October 31, 1999; and the existing CDBG
agreement with RNDC provides funding through October 31, 1999 for
296
RNDC to receive technical assistance from the management
development consultant to continue neighborhood revitalization
activities, build leadership capacity and to promote and implement
future community development activities on Henry Street.
It was further advised that as a part of the City's 1999-2000
budgeting process, RNDC submitted a proposal requesting CDBG
funds to cover costs for additional technical assistance and
management development consulting services to carry out certain
objectives; viz: pre-construction activity including the completion of
design work for the Crew Suites office/retail building and the Caboose
convenience/delicatessen store, issue a Request for Proposals for the
construction of both buildings, continue capacity building and
management of RNDC and coordinate and implement infrastructure
improvements along Henry Street and the Yard; Council authorized
$92,000.00 in CDBG funds for RNDC as part of the 1999-2000
Consolidated Plan Annual Update approved for submission to HUD on
May 11, 1999, pursuant to Resolution No. 34281-051199 and authorized
appropriation of $92,000.00 in CDBG funds for RNDC on June 21, 1999,
pursuant to Ordinance No. 34348-062199 and Resolution No. 34349-
062199; an amendment to the existing agreement is needed to add the
additional $92,000.00 in CDBG funds, which are necessary for RNDC to
continue to receive technical assistance from the management
development consultant to continue with its progress and to increase
its capacity to carry out eligible neighborhood revitalization activities
through June 30, 2000, and to permit payment to RNDC for eligible
costs incurred.
The Acting City Manager recommended that he be authorized to
execute Amendment No. 4 to the 1997-98 CDBG Subgrantee Agreement,
to be approved as to form by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Ms. Wyatt offered the following resolution:
(#34544-110199) A RESOLUTION authorizing execution of
Amendment No. 4 to a Subgrant Agreement between the City and the
Roanoke Neighborhood Development Corporation, dated November 1,
1997, for continued funding to carry out eligible neighborhood
revitalization activities and to conduct program evaluation and
implementation analysis for future community development activities
of the City.
(For full text of Resolution, see Resolution Book No. 62, page 322.) -
ACTION:
297
Ms. Wyatt moved the adoption of Resolution No. 34544-110199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................... ~, ............................ 7.
NAYS: None ....................................................................... 0.
Council Member Swain requested a status report on the RNDC
Project.
BUDGET-INDUSTRIES: The Acting City Manager submitted a
written report advising that the City of Roanoke intends to continue
development of remaining property located in the Roanoke Centre for
Industry and Technology (RClT), which will include extension of
roadways, public utilities and storm drainage systems; a request for
qualifications of consulting engineers was advertised, four firms
submitted qualifications and three firms were interviewed by the
Selection Committee; Lumsden Associates, P. C., was determined to be
the best qualified to perform engineering design services and a
Contract for Consulting Services was negotiated with Lumsden
Associates, P. C., in the amount of $69,500.00 dated April 25, 1997; and
it is anticipated that the agreement will be amended from time to time
to support phased development of the remaining property in RCIT.
It was further advised that the City desires to extend Blue Hills
Drive to completion and grade Sites A, B, and F; three finished sites are
proposed; viz: Tract A will consist of 12 acres, Tract B will consist of
seven acres and Tract F will consist of 15 acres; Amendment No. 1 to
the April 25, 1997, Contract for Consultant Services, RCIT Infrastructure
Engineering, has been negotiated to provide the desired engineering
design services; and total amount of the proposed amendment is
$138,500.00 which will provide for necessary grading, roadway and
storm drainage plans.
The Acting City Manager recommended that he be authorized to
execute Amendment No. 1 to the Contract for Consultant Services,
RCIT Infrastructure Engineering, dated April 25, 1997, in a form to be
approved by the City Attorney, with Lumsden Associates, P. C., in the
amount of $138,500.00; and transfer $150,000.00 ($138,500.00 contract,
$11,500.00 contingency) from RCIT Infrastructure Extension Account
No. 008-052-9632 to RCIT Infrastructure Engineering Account No. 008-
052-9679.
298
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34545-110199) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 323.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34545-110199.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Harris
and Mayor Bowers ...................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was out of the Council Chamber.)
Mr. Trout offered the following resolution:
(#34546-110199) A RESOLUTION authorizing the City Manager's
issuance of Amendment No. 1 to the City's contract with Lumsden
Associates, P.C., for additional engineering and design services for the
Roanoke Centre for Industry and Technology Infrastructure Project.
(For full text of Resolution, see Resolution Book No. 62, page 324.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34546-110199.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Harris
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was out of the Council Chamber.)
POLICE DEPARTMENT-BUDGET: The Acting City Manager
submitted a written report advising that Council at its meeting on
August 3, 1998, approved employment of Ronald M. Martin &
Associates, P. C. (T/A Martin & Associates, P. C.), to design, prepare
299
contract documents and provide contract administration for a 30,000
square foot building for the proposed police annex; and during the
planning stage for the facility, it was determined that the best use of the
building would be for 24 hour, seven days a week police personnel,
which required the addition of 20 feet across the back of the building
plus additional area in the basement, or approximately 5,700 square
feet of additional floor space.
It was further advised that the original architectural/engineering
services contract with Ronald M. Martin & Associates, P. C. was
$296,800.00; due to an increase in work determined by the preliminary
design study, an additional fee of $60,430.00 has been requested by
Martin & Associates, P. C., which fee is based on additional space
added to the project, the sum of $60,430.00 needs to be appropriated
from 1999 Bond Fund Account No. 008-052-9709-9183, for a total
contract amount of $357,230.00.
The Acting City Manager recommended that he be authorized to
execute Amendment No. 1 to the contract with Ronald M. Martin &
Associates, P. C. for additional services in the lump sum of $60,430.00,
for a total contract amount of $357,230.00; and authorize the Director
of Finance to appropriate additional funds from 1999 Bond Fund,
Account No. 008-052-9709-9183, in the amount of $60,430.00, to
Account No. 008-052-9564-9001, for additional services to the
architectural/engineering contract with Ronald M. Martin & Associates,
P.C.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34547-110199) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full .text of Ordinance, see Ordinance Book-No. 62, page 325.)
Mr. Trout moved the adoption of Ordinance No. 34547-110199.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Harris
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
300
ACTION:
(Council Member Wyatt was out of the Council Chamber.)
Mr. Trout offered the following resolution:
(#34548-110199) A RESOLUTION authorizing the City Manager's
issuance of Amendment No. 1 to the City's contract with Ronald M.
Martin & Associates, P.C., t/a Martin & Associates, P.C., for additional
engineering and design services for the Proposed Police Annex
Building Project.
(For full text of Resolution, see Resolution Book No. 62, page 326.)
Mr. Trout moved the adoption of'Resolution No. 34548-110199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
WATER RESOURCES: The Acting City Manager submitted a
written report in connection with Change Order No. 9, Upgrade and
Expansion of the Water Pollution Control Plant, to the contract with
Danis Environmental Industries, Inc.
It was advised that additional items have been identified as part
of the required work and need to be approved for payment; total
amount of Change Order No. 9 is $48,565.00 and no additional time for
completion of the project; and Malcolm Pirnie, Inc., and Mattern &
Craig, Inc., have reviewed and recommended these changes to the City
for payment.
The Acting City Manager recommended that he be authorized to
issue Change Order No. 9 to the contract, dated September 18, 1997,
with Danis Environmental Industries, Inc., for Upgrade and Expansion
of the Water Pollution Control Plant Project, in the amount of $48,565.00
and no change in the contract time of completion, for a total contract
amount of $17,159,361.00, with completion date remaining at
November 12, 1999; and the proportional share to each jurisdiction is
as follows:
City of Roanoke 37.3% $18,115.00
County of Roanoke 29.2% 14,181.00
City of Salem 20.9% 10,150.00
County of Botetourt 7.0% 3,399.00
Town of Vinton 5.6% 2,720.00
Total of Change Order No. 9 100% $48,565.00
ACTION:
301
Amount of contingency fund remaining after Change Order No. 9 is
$775,791.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#34549-110199) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. 9 to the City's contract with Danis
Environmental Industries, Inc., for the upgrade and expansion of the
Water Pollution Control Plant; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 326.)
Mr. Trout moved the adoption of Ordinance No. 34549-110199.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
BUDGET-FIRE DEPARTMENT: The Acting City Manager
submitted a written report advising that the Fire Program Fund was
established by the General Assembly, effective October 4, 1985,
pursuant to Section 38.1-44.1, Code of Virginia, 1950, as amended, and
funds provided by the program may be used for fire service training,
regional fire service training facilities, firefighting equipment/apparatus
and personal protective clothing.
It was further advised that Roanoke City's allocation of
$124,239.00 was electronically transferred to the City Treasurer on
October 5, 1999; the Regional Fire/EMS Training Center consisting of
a 15,400 square foot building equipped with classroom, auditorium and
office space, built on six acres of Roanoke County's existing fire
training ground is underway; Council approved funding of the Roanoke
Valley Regional Training Center from Fire Program funds on November
16, 1998; and the City's portion of the annual debt service, in the
amount of $60,000.00, will be repaid from this revenue source.
302
It was explained that Council's action is needed to formally
accept and appropriate the funds, and to authorize the Director of
Finance to establish revenue estimates and appropriation accounts in
the Grants Program Fund to purchase the following equipment and
supplies:
Fire Suppression Equipment- $20,000.00. Purchase of fire
hose, nozzles, and appliances. Also purchase Incident
Command related materials and rescue tools for vehicle
extrication.
Training and Development - $10,000.00. Purchase
firefighting gear, training videos and manuals and to
provide training, education and development of personnel.
Regional Fire Training Academy -$60,000.00. Support the
construction of 15,400 square foot regional fire training
center with classrooms and auditorium.
Recruitment and Development - $5,000.00. Purchase
public education material for grade school children, e. g.,
coloring books, classroom materials, films, etc. Purchase
materials related to a campaign for the recruitment of
women and minorities.
Personal Protective Clothing - $29,239.00.
boots, coats, pant and helmets for fire
purposes.
Purchase fire
suppression
The Acting City Manager recommended that he be authorized to
accept the grant award and that Council appropriate $124,239.00, with
corresponding revenue estimates, 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. Trout offered the following emergency budget ordinance:
(#34550-110199) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 327.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34550-110199.
The motion was seconded by Mr. Hudson and adopted by the following
'vote:
303
ACTION:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
Mr. Trout offered the following resolution'
(#34551-110199) A RESOLUTION authorizing the acceptance of
the FY2000 Fire Programs Funds Grant made to the City of Roanoke by
the Virginia Department of Fire Programs 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. 62, page 328.)
Mr. Trout moved the adoption of Resolution No. 34551-110199.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
CABLE TELEVISION: The Acting City Manager submitted a
written report advising that the current cable television franchise
between the City of Roanoke and Cox Com, Inc., d/b/a Cox
Communications Roanoke expires in May 2003, simultaneous with its
franchise with Roanoke County and the Town of Vinton; Cox
Communications has expressed a strong desire to enter into
negotiations for an extension or renewal of its franchise with the three
jurisdictions at this time rather than waiting until closer to the
expiration date; Cox Communications has recently announced its plan
to invest $8.5 million in its physical plant, styled "Cox Digital
Revolution"; and this investment would upgrade its technological
capabilities in the Roanoke Valley and would permit full digital
television and high speed Internet access capabilities.
It was further advised that at a recent meeting of the Roanoke
Valley Regional Cable Television Committee, Cox Communications
General Manager requested that the Committee express its support for
304
such negotiations; in lieu of Committee action, the members agreed
that legal counsel should request guidance from their respective
governing bodies as to the direction in which each locality would like
to proceed in response to Cox CommunicatiOns request; the two
apparent options to the local governments are to undertake informal
negotiations with Cox Communications~for an extension of its current
franchise at this time, or, to wait one to two years and begin either
formal or informal negotiations with Cox Communications for a new
franchise agreement; and there is no fiscal impact from either option
anticipated at this time.
The Acting City Manager recommended that Council appoint a
committee composed of the four Roanoke City representatives to the
Roanoke Valley Regional Cable Television Committee to meet jointly
with representatives designated by the County of Roanoke, the Town
of Vinton and Cox Communications to enter into negotiations to
discuss the possibility of extending or renewing the current franchise
agreement with Cox Communications.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34552-110199) A RESOLUTION appointing a committee on
behalf of Roanoke City to enter into negotiations to discuss the
possibility of extending or renewing the current cable television
franchise agreement with CoxCom, Inc., d/b/a Cox Communications
Roanoke (Cox Communications).
(For full text of Resolution, see Resolution Book No. 62, page 329.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34552-110199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
DIRECTOR OF FINANCE:
ACTION:
3O5
HOTEL ROANOKE AND CONFERENCE CENTER-DIRECTOR OF
FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance
submitted the Financial Report for the City of Roanoke for the month of
September, 1999.
(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 September would be received and
filed. ~.
As a result of the potential closing of the Hotel Roanoke
Conference Center in January - April 2001, Mr. White requested a
response by the Director of Finance at the next regular meeting of
Council on the City's position as to any loss of revenue and legal
ramifications.
BONDS/BOND ISSUES-BUDGET-CAPITAL IMPROVEMENTS
PROGRAM-SCHOOLS: The Director of Finance submitted a written
report advising that the City's 1999 general obligation public
improvement bonds have been issued and the proceeds are available
for appropriation; funding in the amount of $31,100,313.00 needs to be
appropriated to the Capital Projects Fund Account, "Public
Improvement Bonds - Series 1999", and $5,019,687.00 needs to be
appropriated to the School Capital Projects Fund account, "Public
Improvement Bonds - Series 1999"; and bond funds will be accounted
for in these accounts until Council appropriates the funds to specific
project accounts.
The Director of Finance recommended that Council appropriate
funds as follows:
Capital Projects Fund
Series 1999A Bonds:
Buildings
Economic Development
Parks
Storm Drains
Bridges
Streets and Sidewalks
Sub-Total
Series 1999B Bonds:
Roanoke Higher Education Center
Johnson and Johnson Improvements
$ 5,317,000.00
2,675,000.00
4,738,000.00
2,285,000.00
2,238,412.00
3,746,901.00
$21,000,313.00
$ 2,500,000.00
7,600,000.00
306
ACTION:
Total Capital Projects Fund
School Capital Projects Fund
Series 1999A Bonds:
Schools
Grand Total
$31,100,313.00
$ 5,019,687.00
$36,120,000.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34553-110199) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund and School Capital
Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 330.)
Mr. Trout moved the adoption of Ordinance No. 34553-110199.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS:
COUNCIL-FIFTH PLANNING DISTRICT COMMISSION-WATER
RESOURCES: Council at its regular meeting on October 20, 1999,
having tabled a report of the Acting City Manager transmitting a
communication from the Executive Director of the Roanoke Valley -
Alleghany Regional Commission, requesting the City's participation in
regional water discussions by appointment of City representatives to
a policy committee and a technical committee, Mr. White moved that the
matter be removed from the table. The motion was seconded by
Mr. Trout and unanimously adopted.
Mr. White moved that Council Member W. Alvin Hudson, Jr., be
appointed to the policy committee to address regional water
discussions. The motion was seconded by Mr. Trout and unanimously
adopted.
307
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ACTION:
CITY MANAGER: Mr. Trout offered the following emergency
ordinance establishing annual compensation for the City Manager, in
the amount of $130,000.00, payable on a bi-weekly basis, for the fiscal
year beginning July 1, 1999:
(#34539-110199) AN ORDINANCE establishing compensation for
the City Manager for the fiscal year beginning July 1, 1999; and
providing for an emergency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 62, page 315.)
Mr. Trout moved the adoption of Ordinance No. 34539-110199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
ACTION:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ................................ '- ............................ 7.
NAYS: None ....................................................................... 0.
ZONING: Ordinance No. 34532, rezoning an approximately 0.35
acre tract of land located at 4416 Old Rocky Mount Road, S. W.,
identified as a portion of Official Tax No. 5470122, from RS-3, Single
Residential Family District, to C-1, Office District, subject to a certain
proffer contained in the petition filed in the Office of the City Clerk on
August 6, 1999, having previously been before the Council for its first
reading on Monday, October 20, 1999, read and adopted on its first
reading and laid over, was again before the body, Mr. Trout offering the
following for its second reading and final adoption:
(#34532-110199) AN ORDINANCE to amend {}36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 547, 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. 62, page 309.)
Mr. Trout moved the adoption of Ordinance No. 34532-110199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
308
ACTION:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
ZONING: Ordinance No. 34533, amendi~tg certain conditions
presently binding upon a tract of land containing 0.434-acre located at
3230 Cove Road, N. W., Official Tax No. 2560134, which property was
previously conditionally rezoned to C-2, General Commercial District,
pursuant to Ordinance No. 32865-040196, adopted on April 1, 1996, be
amended to reflect the changes in proffered conditions as shown in the
Petition to Amend Proffers filed in the City Clerk's Office on
September 9, 1999, and as set forth ina report of the City Planning
Commission dated October 20, 1999, having previously been before the
Council for its first reading on Monday, October 20, 1999, read and
adopted on its first reading and laid over, was again before the body,
Mr. Trout offering the following for its second reading and final
adoption:
(#34533-110199) AN ORDINANCE. to amend §§36.1-3 and 36.1-4,
Code of the City of Roanoke (1979), as amended, and Sheet No. 256,
Sectional 1976 Zone Map, City of Roanoke, in order to amend certain
conditions presently binding upon certain property previously
conditionally zoned C-2, General Commercial District.
(For full text of Ordinance, see Ordinance Book No. 62, page 310.)
Mr. Trout moved the adoption of Ordinance No. 34533-110199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
PARKS AND RECREATION-LEASES-BLUE RIDGE PUBLIC
TELEVISION: Ordinance No. 34534, authorizing and providing for lease
by the City of five acres of City-owned property, along with a right-of-
way for an entrance road in Fishburn Park, to Blue Ridge Public
Television, subject to certain terms and conditions, having previously
been before the Council for its first reading on Monday, October 20,
1999, read and adopted on its first reading and laid over, was again
before the body, Mr. Trout offering the following f~)r its second reading
and final adoption:
ACTION:
309
(#34534-110199) AN ORDINANCE authorizing and providing for
the lease by the City of five acres of City-owned property, along with a
right-of-way for an entrance road, in Fishburn Park to Blue Ridge Public
Television, subject to certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 311.)
Mr. Trout moved the adoption of Ordinance No. 34534-110199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain~ Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
EASEMENTS-WATER RESOURCES: Ordinance No. 34535,
authorizing execution of a deed granting a permanent easement across
City-owned property located in the Carvins Cove Watershed located in
Roanoke County for use as an access road by Norma Jean Sigmon, an
adjoining property owner, upon certain terms and conditions, having
previously been before the Council for its first reading on Monday,
October 20, 1999, read and adopted on its first reading and laid over,
was again before the body, Mr. Trout offering the following for its
second reading and final adoption:
(#34535-110199) AN ORDINANCE authorizing execution of a deed
granting a permanent easement across City-owned property located in
the Carvins Cove Watershed located in Roanoke County for use as an
access road by an adjoining property owner, upon certain terms and
conditions.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 62, page 312.)
Mr. Trout moved the adoption of Ordinance No. 34535-110199.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
310
ACTION:
TRAFFIC-EASEMENTS-BELL ATLANTIC - VA, INC.-WATER
RESOURCES: Ordinance No. 34536, authorizing donation and
conveyance of an easement across City-owned property identified as
Official Tax No. 1360301, located on property adjacent to the
intersection of Brambleton Avenue and Overland Road, S. W., to Bell
Atlantic - Virginia, upon certain terms and conditions, for the purpose
of relocating an underground conduit in connection with its
Brambleton/Overland Signalization Project, upon certain terms and
conditions, as more particularly set forth in a report of the Water
Resources Committee dated October 4, 1999, having previously been
before the Council for its first reading on Monday, October 20, 1999,
read and adopted on its first reading and laid over, was again before
the body, Mr. Trout offering the following for its second reading and
final adoption:
(#34536-110199) AN ORDINANCE authorizing the donation and
conveyance of an easement across City-owned property identified as
Official Tax No. 1360301 located on property adjacent to the
intersection of Brambleton Avenue and Overland Road to Bell Atlantic-
Virginia, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 313.)
Mr. Trout moved the adoption of Ordinance No. 34536-110199.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
EASEMENTS-APPALACHIAN POWER COMPANY-INDUSTRIES-
WATER RESOURCES: Ordinance No. 34537, authorizing donation and
conveyance of an easement across City-owned property identified as
Official Tax No. 7230101, located at the Roanoke Centre for Industry
and Technology to Appalachian Power Company, upon certain terms
and conditions, for the purpose of extending electric power lines to
serve the remaining parcels on Blue Hills Drive, as more particularly set
forth in a report of the Water Resources Committee dated October 4,
1999, having previously been before the Council for its first reading on
Monday, October 20, 1999, read and adopted on its first reading and
laid over, was again before the body, Mr. Trout offering the following for
its second reading and final adoption:
ACTION:
311
(#34537-110199) AN ORDINANCE authorizing the donation and
conveyance of an easement across City-owned, property identified as
Official Tax No. 7230101, located at the Roanoke Centre for Industry
and Technology (RClT) to Appalachian Power Company, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 314.)
Mr. Trout moved the adoption of Ordinance No. 34537-110199.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
INDUSTRIES-ECONOMIC DEVELOPMENT: It was the consensus
of Council that Council Members Swain and Trout will serve as City
representatives to a committee to discuss a regional economic
development project in Montvale, Virginia.
CITY MANAGER-COUNCIL: Vice-Mayor Harris expressed
appreciation to Council Member Hudson for his work in chairing the
City Manager Search Committee.
CELEBRATIONS-COUNCIL: Vice-Mayor Harris addressed the
action taken by Council at its last meeting on Monday, October 20,
1999, in regard to changing the observance of Halloween from Sunday,
October 31, 1999, to Saturday, October 30, 1999. He called attention to
comments by some citizens who found the decision of Council to be
offensive or insensitive based on religious or other reasons. He stated
that the community should do its best to respect the various ethnic
groups and to be sensitive to the City's religious diversity, and as one
member of Council, he apologized to any citizen of Roanoke who was
offended by or felt that his vote on the issue was insensitive to the
religious Sabbath of any person.
312
Vice-Mayor Harris stated that it was brought to his attention that
in past years Council has met on Yom Kippur which is a high and holy
day in the Jewish faith and offered to meet with some of his colleagues
and other citizens within the various faith communities to review ways
that City government can be more sensitive to the needs of Roanoke's
diverse religious community and report to Council accordingly.
Ms. Hope Trachtenberg-Fifer, 3734 Heritage Road, S. W., advised
that Council Member Trout previously stated that when the observance
of Halloween was changed in 1993, there was not a great deal of public
comment or objection. She stated that perhaps the silent minority has
decided not to be silent any longer, and indignities, injustices and
discourtesies will not be tolerated in the quiet manner that they were
tolerated six years ago.
Council Member White advised that administrators from the four
local governments in the Roanoke Valley should review religious
observances/holidays on an annual basis to determine if adjustments
are necessary region wide.
Following discussion, Council Members White and Wyatt
requested that the City Manager meet with his or her counter-parts in
the Roanoke Valley on an annual basis for the purpose of submitting
recommendations to the respective governing bodies with regard to
holidays and/or religious observances on a regional basis, with
involvement by all major stakeholders in the Roanoke Valley.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-COMMUNITY PLANNING-BUILDINGS/BUILDING
DEPARTMENT: Mr. Aubrey Butler, 4833 Autumn Lane, N. W., addressed
Council in regard to the lack of compliance with building and
development regulations by a private contractor in connection with
construction of a single family house on Autumn Lane. He explained
that he has no objection to the construction of the house, but he does
object to the manner in which City staff has allowed the construction
to continue in violation of building code regulations. He called
attention to examples of neglect such as the clearing of approximately
seven acres of land without the appropriate permit at taxpayers
expense. He stated that residents of Autumn Lane met with the City
Manager in 1997 to reach a conclusion about how to handle the
destruction of Autumn Lane and as a result of that meeting, the street
was repaired, the right-of-way was resurfaced and restored, trees were
planted to serve as a buffer and residents were assured by the City
Manager that the situation would not reoccur. Now, in 1999, he advised
313
that residents are again being forced to accept the City's lack of
concern for Autumn Lane, even though residents have repeatedly
called out for enforcement by the City of building and development
regulatior~s. He called attention to a driveway at the dead end of
Autumn Lane which was left in place for future development that does
not meet building code requirements, and, as a result of debris that
washes from the driveway into the street, along with construction
currently underway, Autumn Lane is now covered with diesel fuel,
hydraulic fuel and kitty lifter. When it comes to the safety and well-
being of all citizens of Roanoke City, he stated that it is his belief that
development should enhance and not deteriorate a neighborhood.
Mr. Douglas Woody, 4851 Autumn Lane, N. W., referred to
construction workers in the area who urinate in public due to the lack
of on-site toilet facilities, and a lack of communication in the City
Planning Department. He added that it is time for the City of Roanoke
to stop throwing away the tax dollars of Roanoke's citizens.
The Acting City Manager advised that it is the City's
responsibility to balance the rights of landowners with the needs,
wants and desires of citizens. He stated that the contractor submitted
a building plan; however, the contractor did not comply with the
approved plan when he added a basement garage thatwas not included
in the approved work plan and no sanitary facilities were provided for
construction workers. He explained that after he discussed the matter
with Mr. Butler and Mr. Woody on Friday; October 29, 1999, a stop work
order was issued which is the only legal arm that the City has if a
builder does not comply with the work plan. He stated that the
contractor has submitted a revised building plan for approval by the
City and if the building plan is in compliance, the City has no other
alternative but to approve the work plan; however, at this time, no
sanitary facilities have been placed on the property and it is the intent
of the City to enforce the stop work order until there are satisfactory
sanitary facilities. He explained that the City is exercising all of the
legal authorities available to local government and will continue to work
with Mr. Butler and members of his neighborhood to follow up on
complaints/requests. He stated that City building inspectors have been
on the premises almost daily and prior to enforcement of the stop work
order on Friday, a modular unit which was en route was allowed to be
secured to the foundation.
The Acting City Manager advised that it is his intent to review the
matter with the City Attorney to insure that the City has exercised all
available rights and if it is the desire of Council, he will work with the
31'4
City Attorney to submit a recommendation to Council to strengthen
current building code requirements within the Dillon Rule relative to
local City government.
Following discussion and questions by Council, the Mayor
advised that the Members of Council would like for the matter to
receive the personal attention of the Acting City Manager in order to
reach a level of understanding and report to Council accordingly.
COUNCIL: Council Member Hudson advised that during fiscal
year 1999-2000 budget study, he suggested that the Mayor and
Members of City Council and City Council Appointed Officers be
afforded the same percentage pay increase as other City employees
each year, and the matter was referred to the City Manager for review
in connection with certain provisions of the Code of Virginia that
regulate the salaries of the Mayor and Council Members.
The City Attorney referred to an opinion that he prepared at the
request of the Director of Finance which provides that pursuant to
provisions of the Code of Virginia, if Council approves an increase in
the salaries of the Mayor and Council Members, such increase could
not be effective until July 1, 2000, because the State Code requires that
Council must act four months prior to the general election, therefore,
Council would have to act on the matter prior to December 31, 1999.
Further, he clarified that Council cannot base its increase in salary
automatically on that which is provided for other City employees, but
must set its salary at a specific dollar amount, four months prior to the
general election.
Following discussion, it was the consensus of Council to hold
public hearings on Monday, November 15, 1999, at 7:00 p.m., and on
Monday, December 6, 1999, at 2:00 p.m., in the City Council Chamber,
to receive citizen input in regard to an increase in the salaries for the
Mayor and Members of City Council; and prior to the public hearings,
the City Attorney was requested to provide the following information:
An explanation of provisions of the Code of Virginia (1950)
as amended, which establishes the salaries for the Mayor
and Members of City Council;
A history of prior pay increases for the Mayor and
Members of City Council; and
A comparison of salaries of the Mayor and Members of
Council with other comparable jurisdictions in the
Commonwealth of Virginia.
315
PURCHASE/SALE OF PROPERTY-
SIGNSIBILLBOARDSIAWNINGS-HOUSINGIAUTHORITY: Ms. Evelyn D.
Bethel, 35 Patton Avenue, N. E., appeared before Council in connection
with the proposed construction of a sign containing the words,
"Historic Gainsboro" at McDowell Avenue/Gainsboro Road, and
inquired if there is a procedure in place for filing an appeal to a
decision of City Council, especially when it appears that the decision
was based on the fact that erroneous and incomplete information was
provided to the Council. She requested that the City provide a written
report containing the issues, evidence and facts that were submitted to
Council in reaching its decision on the proposed sign.
Following discussion, it was the consensus of Council that
Ms. Bethel would place her request in writing, including the alleged
erroneous and incomplete information that was provided to Council,
and the City Attorney would advise as to an appeal procedure, if any,
to a decision of City Council.
The Mayor requested that the Acting City Manager provide Ms.
Bethel with copy of reports that were presented to Council pertaining
to the proposed sign.
At 5:20 p.m., the Mayor declared the meeting in recess.
At 6:00 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
ACTION:
Vice-Mayor Harris left the meeting prior to the Closed Meeting.
Council Member Trout left the meeting during the Closed
Meeting.
COUNCIL: With respect to the Closed Meeting just concluded,
Mr. Swain moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Closed Meeting was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
316
ACTION:
ACTION:
AYES: Council Members Hudson, Swain, White, Wyatt
and Mayor Bowers ....................................................................... 5.
NAYS: None ......................................... '- ............................. 0.
(Vice-Mayor Harris and Council Member Trout were absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS
COMMISSION: The Mayor advised that there is a vacancy on the
Roanoke Arts Commission to fill a position previously held by Michael
Brennan, and called for nominations to fill the vacancy.
Mr. White placed in nomination the name of Anna Wentworth.
There being no further nominations, Ms. Wentworth was
appointed as a member of the Roanoke Arts Commission, for a term
ending June 30, 2002, by the following vote:
FOR MS. WENTWORTH: Council Members Hudson, Swain, White,
Wyatt and Mayor Bowers .............................................................. 5.
(Vice-Mayor Harris and Council Member Trout were absent.)
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised
that there is a vacancy on the Youth Services Citizen Board created by
the resignation of Thomas Miller, and called for nominations to fill the
vacancy.
Mr. White placed in nomination the name of Sara Lee.
There being no further nominations, Ms. Lee was appointed as
a member of the Youth Services Citizen Board, to fill the unexpired term
of Thomas Miller, ending May 31, 2002, by the following vote:
FOR MS. LEE: Council Members. Hudson, Swain, White, Wyatt
and Mayor Bowers ....................................................................... 5.
(Vice-Mayor Harris and Council Member Trout were absent.)
OATHS OF OFFICE-COMMITTEES-WAR MEMORIAL: The Mayor
advised that there is a vacancy on the War Memorial Committee to fill
a position previously held by Daniel E. Karnes, and called for
nominations to fill the vacancy.
317
Sr.
Mr. Hudson placed in nomination the name of Harold H. Worrel,
There being no further nominations, Mr. Worrel was appointed as
a member of the War Memorial Committee, for a term ending June 30,
2000, by the following vote:
ACTION:
FOR MR. WORREL: Council Members Hudson, Swain, White,
Wyatt and Mayor Bowers .............................................................. 5.
(Vice-Mayor Harris and Council Member Trout were absent.)
OATHS OF OFFICE-COMMITTEES-ARCHITECTURAL REVIEW
BOARD: The Mayor advised that the term of office of Donald C.
Harwood as a member of the Architectural Review Board expired on
October 1, 1999, and called for nominations to fill the vacancy.
Mr. Swain placed in nomination the name of Donald C. Harwood.
There being no further nominations, Mr. Harwood was
reappointed as a member of the Architectural Review Board, for a term
ending October 1, 2003, by the following vote:
ACTION:
FOR MR. HARWOOD: Council Members Hudson, Swain, White,
Wyatt and Mayor Bowers .............................................................. 5.
(Vice-Mayor Harris and Council Member Trout were absent.)
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: The Mayor
advised that the terms of office of Lynn D. Avis and Margaret R. Baker
as members of the Industrial Development Authority of the City of
Roanoke expired on October 20, 1999, and called for nominations to fill
the vacancies.
Ms. Wyatt placed in nomination the names of Lynn D. Avis and
Margaret R. Baker.
There being no further nominations, Mr. Avis and Ms. Baker were
reappointed as members of the Industrial Development Authority of the
City of Roanoke, for terms ending October 20, 2003, by the following
vote:
ACTION-
FOR MR. AVIS AND MS. BAKER: Council Members Hudson,
Swain, White, Wyatt and Mayor Bowers .......................................... 5.
318
(Vice-Mayor Harris and Council Member Trout were absent.)
There being no further business, the Mayor declared the meeting adjourned
at 6:05 p.m.
APPROVED
o ~-~,~...
Mary F. Parker wers
City Clerk Mayor
319
SPECIAL SESSION ...... ROANOKE CITY COUNCIL
November 9, 1999
2:00 p.m.
The Council of the City of Roanoke met in special session on Tuesday,
November 9, 1999, at 2:00 p.m., in the City Council Chamber, fourth floor, Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers
presiding, pursuant to Section 10, Meetings of Council, of the Charter of the City of
Roanoke.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout, William White, Sr., and Mayor David A. Bowers .............. 6.
ABSENT: Council Member Linda F. Wyatt ............................................... 1.
OFFICERS PRESENT: Diane S. Akers, Acting Assistant City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
COUNCIL: The Mayor referred to the following communication calling the
Special Meeting of Council:
"November 4, 1999
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Vice-Mayor Harris and Members of City Council:
Pursuant to §10, Meetings of Council, of the Charter of the City of Roanoke, I am
calling a Special Meeting of Roanoke City Council on Tuesday, November 9, 1999,
at 2:00 p.m., in the Roanoke City Council Chamber, Municipal Building, 215 Church
Avenue, S. W. The purpose of the Special Meeting is to consider a request from the
City Attorney that Council convene in a Closed Meeting for the purpose of
discussing a matter of probable litigation.
320
Sincerely,
David A. Bowers, Mayor
DAB/na
CC:
James D. Ritchie, Acting City Manager ....
James D. Grisso, Director of Finance
William M. Hackworth, City Attorney
Willard N. Claytor, Director of Real Estate Valuation
Robert H. Bird, Municipal Auditor
Mary F. Parker, City Clerk
Mr. Trout moved that Council convene in a Closed Meeting to discuss 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. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ...................................................... ~ ......................................... 6.
NAYS: None ..................................................................................... -0.
(Council Member Wyatt was absent.)
The Mayor declared the meeting in recess at 2:02 p.m.
The meeting reconvened at 3:50 p.m., in the City Council Chamber, 215
Church Avenue, S. W., City of Roanoke, with all Members of the Council in
attendance, except Council Member Wyatt, Mayor Bowers presiding.
COUNCIL: Mr. Swain moved that each member of 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. Hudson and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ................................................................................................ 6.
NAYS: None .......................................................................................... --0.
(Council Member Wyatt was absent.)
321
There being no further business, the Mayor declared the Special Meeting
adjourned at 3:55 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
322
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
November 15, 1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
November 15, 1999, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979),
as amended.
PRESENT: Council Members Carroll E. Swain, James O.~Trout, Linda F. Wyatt,
C. Nelson Harris, W. Alvin Hudson, Jr., and Mayor David A. Bowers ...................... 6.
ABSENT: Council Member William White, Sr.- .......................................... 1.
OFFICERS PRESENT: Diane S. Akers, Acting Assistant 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.
At 12:20 p.m., the meeting reconvened in the Emergency Operations Center
Conference Room, Room 159, Municipal Building South, 215 Church Avenue, S. W.,
City of Roanoke, for a luncheon in honor of City Manager-Elect Darlene L. Burcham,
with the following Members of Council in attendance.
PRESENT: Council Members Carroll E. Swain, James O. Trout, Linda F. Wyatt,
C. Nelson Harris, W. Alvin Hudson, Jr., and Mayor David A. Bowers ..................... 6.
ABSENT: Council Member William White, Sr.- .......................................... 1.
OTHERS PRESENT: Darlene L. Burcham, City Manager-Elect; Diane S. Akers,
Acting Assistant City Manager; William M. Hackworth, City Attorney; James D.
Grisso, Director of Finance; Mary F. Parker, City Clerk; Willard N. Claytor, Director,
Real Estate Valuation; Robert H. Bird, Municipal Auditor; Kit B. Kiser, Director,
Utilities and Operations; Glenn D. Radcliffe, Director, Human Development; Robert K.
Bengtson, Acting Director, Public Works; George C. Snead, Jr., Director, Public
Safety; David C. Anderson, Treasurer; George M. McMillan, Sheriff; Arthur B. Crush,
III, Clerk of Circuit Court; Melinda J. Payne, Chairperson, Roanoke City School
Board; F. B. Webster Day, Vice-Chairperson, Roanoke City School Board; and
E. Wayne Harris, Superintendent, Roanoke City Public Schools.
323
At 1:25 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Monday, November 15, 1999, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council
Members in attendance, Mayor Bowers presiding.
PRESENT: Council Members Carroll E. Swain, James O. Trout, William White,
Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., and Mayor David A.
Bowers .......................................................................................................... 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: Diane S. Akers, Acting 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 Vice-Mayor C. Nelson
Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
CITY MANAGER: The Mayor introduced and welcomed Darlene L. Burcham,
City Manager-Elect, who will assume her duties on January 1, 2000. He presented
her with a star paper_weight. ~.
PRESENTATIONS:
LIBRARIES-DONATIONS/CONTRIBUTIONS: Ms. Katherine Spicer,
Registrar, Nancy Christian Fleming Chapter DAR, presented a $1,000.00
check to Brooke Parrott, Member, Roanoke Public Library Board, to be
used to cover the cost of materials for a new interior wall to extend the
Virginia Room into the present reference area of the main library.
On behalf of the City of Roanoke and the Members of City
Council, the Mayor expressed appreciation for the $1,000.00 donation.
On behalf of the Nancy Christian Fleming Chapter of the DAR,
Ms. Spicer requested immediate employment of a full-time librarian to
staff the Virginia Room in order to expand operating hours. She also
requested that the interior wall be constructed in early December to
enable the present Virginia Room Librarian, who will retire on
February 1, 2000, to provide input.
324
Following discussion, the matter was referred to the Acting City
Manager for report to Council by December 6, 1999.
ONE AMERICA: Diane S. Akers, Acting Assistant City Manager,
advised that the Mayor in his 1998 State of the City Address, requested
that the City of Roanoke become a part of General Colin Powell's
initiative for volunteers to help youth. She stated that for over a year,
a committee of community leaders has been working toward that effort
which has been referred to as "America's Promise", and called
attention to a kick-offsummit to be held on Wednesday, November 17,
1999i in support of "America's Promise - Roanoke's Promise" at The
Hotel Roanoke Conference Center at 12:00 noon.
In addition, in his July 1999 State of the City Address, Ms. Akers
advised that the Mayor requested that a forum or workshop be
patterned after the President's Initiative on Race, "One America", and
the City Manager's Task Force on Community Relations and the
Roanoke Valley Regional Community Relations Conference Committee
has planned a one day workshop to be called "One Roanoke Valley",
which is scheduled to be held on Wednesday, December 1, 1999, at the
Roanoke Airport Wyndam Hotel from 8:00 a.m., until 3:30 p.m.
Brenda Powell, Co-Chair, City Manager's Community Relations
Task Force, and a member of the Roanoke Valley Regional Community
Relations Conference Committee, advised that President Clinton has
asked all Americans to join in open and honest discussions about race
which are necessary if the citizens of the Roanoke Valley are to have a
better understanding of each other. She stated that a conference has
been planned for December 1 to be known as "One Roanoke Valley"
and the theme is, "Multi-Culturalism - Making It Work In The
Community, In The Work Place And In The Schools." She added that
workshop priorities are to provide open and honest dialogue which will
cause participants to reach beyond the usual boundaries, aimed at a
change of heart, and move forward to solutions rather than continue to
express or analyze problems, and to unite divided communities
through a respectful and informed sharing of local racial history and its
consequences for different people in today's society. She stated that
at the end of the conference, it is hoped that participants will begin to
build new relationships to create bonds between organizations that
usually do not work together and to help participants to better
understand individual cultures.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
ACTION:
325
The Mayor announced that the Special Events Committee and the
City's Department of Parks and Recreation are planning a special
celebration for the 50th anniversary of the birthday of the Roanoke Star
on November 24, 1999, in downtown Roanoke.
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
consult with legal counsel on a matter of actual litigation; to discuss
acquisition of real property for public purpose, where such discussion
in an open meeting would adversely affect the bargaining position or
negotiating strategy of City Council; and to discbss personnel matters
with regard to vacancies on various authorities, boards, commissions
and committees appointed by the Council.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in 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. White 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. Swain and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Harris, Hudson
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was out of the Council Chamber.)
326
ACTION:
ACTION:
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 actual 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. White 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. Swain
and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Harris, Hudson
and Mayor Bowers ....................................................................... 6.
NAYS: None ......................................... J ............................. 0.
(Council Member Wyatt was out of the Council Chamber.)
PURCHASE/SALE OF PROPERTY-COUNCIL: A report of the
Acting City Manager requesting that Council convene in a Closed
Meeting to discuss acquisition of real property for public purpose,
where such discussion in an open meeting would adversely affect the
bargaining position or negotiating strategy of City Council, pursuant to
Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before
the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Acting
City Manager to convene in a Closed Meeting to discuss acquisition of
real property for public purpose, where such discussion in an open
meeting would adversely affect the bargaining position or negotiating
strategy of City Council, pursuant to Section 2.1-344 (A)(3), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Swain
and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Harris, Hudson
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was out of the Council Chamber.)
ACTION:
327
TRAFFIC-BICYCLIST-LEGISLATION: A communication from
Mayor David A. Bowers with regard, to a letter from William M.
Hackworth, City Attorney, dated October 22, 1999, in connection with
a proposal to require children and/or all bicyclists to wear helmets for
safety, was before Council.
The Mayor requested that the matter be referred to the Acting
City Manager for review and recommendation to the Superintendent of
Schools for comment; and to Chairman Bob Johnson of Roanoke
County, and Mayor Sonny Tarpley of Salem, in order that their
jurisdictions may consider the proposal on a regional wide basis.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the matter be referred to the Acting City
Manager for review and recommendation to Council. The motion was
secondea by Mr. Swain and adopted by' the following vote:
AYES: Council Members Swain, Trout, White, Harris, Hudson
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was out of the Council Chamber.)
MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITTEE:
Minutes of a meeting of the Audit Committee of Roanoke City Council
which was held on Monday, November 1, 1999, were before the body.
The Audit Committee considered the following items:
Financial Related Audits:
Audit Findings Follow-Up
Special Events
Breckinridge Fitness Center
Accounts Payable
Police Department Cash Funds
Risk Management Insurance
Canteen Fund Questions
Part-Time Payroll Update
Fleet Management Update
328
ACTION:
ACTION:
External Quality Control Review of the Municipal Auditing
Department
Procedures on Gifts of City Property to City Employees
Next Meeting - December 6, 1999 - KPMG Audit Reports
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. White moved that the Minutes be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Harris, Hudson
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was out of the Council Chamber.)
TRAFFIC-PUBLIC WORKS-COMPLAINTS: A report of the Acting
City Manager advising that on August 2, 1999, Mr. Kermit S. Shriver, Jr.,
addressed Council with regard to recommended measures to improve
road conditions in the vicinity of 816 Riverland Road, S. E., at which
time the matter was referred to the Acting City Manager for
investigation and report to Council, was before the body.
It was further advised that there was a limited view of oncoming
traffic when attempting to turn onto property located at 816 Riverland
Road, S. E., due to curvature of the roadway; there had been at least
two reported accidents in a recent six month period involving vehicles
entering the property; the recommended alternative to address the
matter was to excavate a portion of City property located adjacent to
Riverland Road, thus creating an improved line-of-sight for traffic, and
City Engineering Department staffsurveyed the property and developed
a grading plan that would meet this objective; the Streets and Traffic
Department excavated approximately 900 cubic yards of soil from the
area in accordance with the plan; and the project was completed at a
total cost of $5,200.00 which included disposal of soil and re-seeding
the site.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
329
AYES: Council Members Swain, Trout, White, Harris, Hudson
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was out of the Council Chamber.)
PURCHASE/SALE OF PROPERTY-ECONOMIC DEVELOPMENT:
A report of the Acting City Manager advising that Title 15.2 of the Code
of Virginia, 1950, as amended, requires that no real property of the City
shall be disposed of until the governing body has held a public hearing,
was before Council.
ACTION:
The Acting City Manager requested that Council schedule a
public hearing for December 20, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, in .the City Council Chamber, and
authorize advertisement of the public hearing on the conveyance of real
estate identified as Official Tax No. 1011512, also known as 118
Campbell Avenue, S. W., which will be proposed to be sold for
economic development purposes.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the
Actings City Manager to schedule a public hearing for Monday,
December 20, 1999, at 7:00 p.m., or as soon thereafter as the matter
may be heard. The motion was seconded by Mr. Swain and adopted by
the following vote:
AYES: Council Members Swain, Trout, White, Harris, Hudson
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was out of the Council Chamber.)
MUNICIPAL BUILDING-CREDIT UNION: A report of the Acting City
Manager, Director of Finance and City Treasurer recommending that
Council schedule a public hearing on Monday, December 20, 1999, at
7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of the Roanoke Valley Federal Credit Union to place an
automated teller machine (ATM) in the second floor lobby of the
Municipal Building, with all operating expenses to be paid by the Credit
330
ACTION:
ACTION:
Union, for a contract served of five years; and the City will reserve the
right to terminate the contract upon 30 days written notice to the Credit
Union, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request to schedule
a public hearing for Monday, December 20, 1999, at 7:00 p.m., or as
soon thereafter as the matter may be heard. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Harris, Hudson
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was out of the Council Chamber.)
COMMITTEES-ROANOKE ARTS COMMISSION: A communication
from Eva Darcel Walters tendering her resignation as a member of the
Roanoke Arts Commission, effective August 10, 1999, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the communication be received and filed,
and that the resignation be accepted. The motion was seconded by
Mr. Swairi and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Harris, Hudson
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was out of the Council Chamber.)
PERSONNEL LAPSE FUNDS: A report of the Acting City Manager
advising that personnel lapse is generated due to employee turnover
and vacancies in City departments; for the current fiscal year, salary
savings of $879,325.00 are projected as a result of vacancies; and the
following figures represent the status of Personnel Lapse for fiscal year
1999-00 as of September 30, 1999, was before Council.
ACTION:
ACTION:
331
General Fund:
Total Budgeted Personnel Lapse
($879,325.00)
First Quarter Personnel Lapse Generated
J u ly $179,481.00
August 187,975.00
September 194,190.00
$561,646.00
Less Revenue Adjustment
Net First Quarter Reduction
(96,367.00)
$465,279.00
Personnel Lapse Balance
Remaining after First Quarter
($414,046.00)
It was further advised that a fourth quarter report will provide a
budget ordinance that encompasses all quarters, eliminates the
budgeted lapse amount, adjusts affected departmental operating
budgets and adjusts revenue estimates.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Harris, Hudson
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was out of the Council Chamber.)
TAXES-LEAGUE OF OLDER AMERICANS-HARRISON HERITAGE
CENTER: A report of the Acting City Manager requesting that a public
hearing be scheduled for Monday, December 20, 1999, at 7:00 p.m., to
consider petitions from the Harrison Museum of African American
Culture and the League of Older Americans, Inc., requesting exemption
from taxation of certain real property located in the City of Roanoke,
was befo~-e Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the report to hold public
hearings on the requests of the Harrison Museum of African American
Culture and the League of Older Americans for tax-exempt status on
332
ACTION:
certain properties located in the City of Roanoke on Monday,
December 20, 1999, at 7:00 p.m., or as soon thereafter as the matter
may be heard. The motion was seconded by Mr. Swain and adopted by
the following vote:
AYES: Council Members Swain, Trout, White, Harris, Hudson
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was out of the Council Chamber.)
HOUSING/AUTHORITY-OATHS OF OFFICE-COMMITTEES: The
following report of qualification was before Council:
Joseph F. Lynn as a member of the City of Roanoke
Redevelopment and Housing Authority Board of
Commissioners for a term ending August 31, 2003.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. White moved that the report of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Swain, Trout, White, Harris, Hudson
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was out of the Council Chamber.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ANIMALS/INSECTS-BUDGET-CMERP: Donald T. Thorne,
Executive Director, Roanoke Valley SPCA, appeared before Council and
advised that the SPCA operates the five municipal pounds in the area:
Roanoke City, Roanoke County, Town of Vinton, Botetourt County and
Craig County. He stated that animal control officers receive strays as
well as other animals that are brought to the facility for various
violations; and 35 - 40 per cent of the animals are brought in on the
basis of owner releases amounting to 7000+ dogs and cats throughout
the year. He further stated that the SPCA is faced with an over
333
population of dogs and cats that continue to come in each day while
operating out of a structure that is 30 years out of date. He added that
the Board of Directors of the SPCA has purchased land and developed
plans for an adoption and education center to be built on the hill next
to the present SPCA facility, along with a dog pound where they will
address solutions to the pet over population situation through
community education, pet training and retraining, spaying and
neutering awareness programs, and developing programs to better
identify pets. He stated that between 25 - 30 per cent of stray animals
that are picked up by Animal Control Officers from the five localities are
not returned to the owners, much of which is attributed to lack of
identification of the animals when they are brought in. He called
attention to the desire to take more educational programs into the
schools and to expand the pet therapy program into nursing homes and
retirement homes. He advised that the SPCA will launch a new capital
campaign in the next few months with a goal of constructing the new
facility next year, but in order to do so there must be community and
local government support.
Following presentation of a video tape, it was the consensus of
Council to refer the matter to 2000-01 budget study and/or the Capital
Maintenance and Equipment Replacement Program.
Upon question, Mr. Thorne advised that the new facility is
envisioned to cost in the range of $1.6 million.
DOWNTOWN ROANOKE, INCORPORATED: William H. Carder,
Chairperson, Special Events Committee, presented an overview of
accomplishments of Downtown Roanoke, Inc., for the fiscal year 1999,
and also presented a video tape highlighting some of Downtown
Roanoke's accomplishments. He commended past efforts of the
following Roanoke leaders: Noel C. Taylor and H. B. Ewert for Design
'79; Robert Herbert, Brian Wishneff and Mayor David Bowers for the
Hotel Roanoke and Conference Center rehabilitation; Robert Glenn,
Beverly Fitzpatrick and Robert Manetta for the Outlook Roanoke Study
and possession of the Norfolk Southern buildings; Joseph Wright for
contributions to the mounted patrol and stable; Ray Walters for
necessary repairs to a carriage that was needed during the Dickens of
a Christmas celebration; Robert Callahan and City Council for the two-
way traffic improvements on Salem and Campbell Avenues; Thomas
Robertson for the consolidation of Carilion Hospital offices in
downtown Roanoke; Warner Dalhouse for the Higher Education Center,
the Jefferson Center and Center in the Square; James Trout who sits
on the Board of Directors of Downtown Roanoke, Inc., and a long time
downtown Roanoke advocate and champion for providing
334
infrastructure and development of the rail district; Mayor David Bowers'
driving force for the rail walk; Councilman Alvin Hudson for the removal
of the downtown parking meters; Susan Jennings for the formation of
the Blue Ridge Events Partnership; Councilman Carroll Swain for the
anti-lifter project team; John Edwards for the Higher Education Center;
James Sears and Center in the Square Board of Directors for the
Shenandoah Hotel Project; and many others too numerous to mention.
Mr. Carder advised that Legacy 2000 - Renew the Past - Embrace
the Future, is a coordinated effort by Downtown Roanoke, Inc., on
behalf of over a dozen Downtown Roanoke projects that are currently
taking place; viz: Center in the Square Atrium, Downtown Traffic Signal
System, Dumas Hotel, Family Service of the Roanoke Valley, the former
rail passenger station soon to become the regional visitors center, GOB
South apartments, the Art Museum which will be located in the former
Grand Piano Furnishings building, Imax Theater, Insystems
Technologies warehouse building, railside linear walk, Shaftman Hall
at the Jefferson Center, Shenandoah Hotel, Williamson Road
improvements, the garden center atthe YWCA, the Yard at Henry Street,
the Virginia Museum of Transportation, and opening of the Higher
Education Center next year. He expressed appreciation to past and
present leaders for their vision and foresight to improve downtown
Roanoke.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
TRAFFIC-STATE HIGHWAYS: A request of Peter F. Mullen,
representing the 1-81 Covered In Prayer Committee, appeared before
Council and presented a draft resolution calling for increased driver
safety, responsibility and awareness among communities along
Virginia Interstate 81 during the 1999 holiday driving season and
throughout the year 2000.
Mr. Mullen advised that according to VDOT, Virginia Interstate 81
is a vital economic and social lifeline for the communities of western
Virginia, covering 325 miles with 90 interchanges, serving 29 colleges,
48 historical districts and uniting 60 per cent of the State's population;
a common danger is posed to the citizens of western Virginia since,
according to VDOT, traffic on 1-81 has doubled in the last ten years,
ranging from 30,000 to 60,000 vehicles per day with trucks making up
20 to 40 per cent of the traffic mix; and necessary future expansion and
improvements to 1-81 will cause increased hazards and disruption.
ACTION:
335
Mr. Mullen requested that the City of Roanoke join with other
municipalities in a call for increased driver safety, responsibility and
awareness during the 1999 holiday season and throughout the year
2000 by adopting the appropriate measure.
(For full text, see draft resolution on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34554-111599) A RESOLUTION calling for increased driver
safety, responsibility and awareness among communities along
Virginia Interstate 81 during the 1999 holiday driving season beginning
Friday, November 19 and throughout 2000.
(For full text of Resolution, see Resolution Book No. 62, page 331.)
Mr. Trout moved the adoption of 'Resolution No. 34554-111599.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
The Mayor relinquished the Chair to the Vice-Mayor.
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.
$124,161.00 from the 1999-2000 Capital Maintenance and
Equipment Replacement Fund for music instrument
replacement, a school bus, a fuel storage facility at
Transportation, facility maintenance equipment, modular
classroom relocation, grounds improvements, and facility
iml~rovements at Patrick Henry High School.
$22,300.00 for the Magnet School program to provide for
operation of the Round Hill Montessori School. This is the
second year of a three-year funding cycle and is a
continuing program. The program is 100 per cent
reimbursed by Federal funds.
33,'6
$15,000.00 for the Flowers of Education program to
provide funds for implementation of a horticulture
curriculum at William Fleming and Patrick Henry High
Schools. The program will provide opportunities for
competitive employment for students with disabilities.
The new program expects to serve five to seven students
during the first year of a two-year funding cycle. The
program is 100 per cent reimbursed by State funds.
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34555-111599) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General and School Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 332.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34555-111599.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Hudson and
Vice-Mayor Harris ........................................................................ 6.
NAYS: None ....................................................................... 0.
(Mayor Bowers was out of the Council Chamber.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
PUBLIC WORKS: George C. Snead, Jr., Director of Public
Safety, introduced a briefing on the City's leaf collection program,
operations and efforts to improve the process. He advised that three
operating departments address the removal of leaves throughout the
community: Parks and Recreation, Street Maintenance, and Solid Waste
337
Management. He stated that leaves are d~alt with in general
categories; viz: bagged leaves are collected at the curb, loose leaves
are vacuumed at the curb line, and loose leaves are collected from the
blue refuse container.
Michael Loveman, Superintendent, Parks and Grounds
Department, explained the loose leaf collection program that begins on
November 15 and will be completed by January 30, 2000, which is a
combined effort of the Department of Parks and Recreation and Street
Maintenance, with assistance from the Sheriff's Department. He
advised that during the collection process, personnel and equipment
are distributed equally in all four quadrants of the City, simultaneously,
which include leaf vacuum machines and truck and loader machines
accompanied by dump trucks, with each quadrant of the City
subdivided into six to nine collection zones and the goal is to complete
collection in each zone in one week, with one collection cycle per zone.
He advised that information was published in the Neighbors section of
The Roanoke Times on November 4 and 11 identifying collection zones
and the planned collection schedule which will be updated if
necessary. He explained that citizens who do not wish to wait for
scheduled loose bulk leaf collection can bag their leaves for collection
weekly by the Solid Waste Department, or they may call for a special
leaf collection at a cost of $40.00. He reviewed the following challenges
to meet the goals for loose bulk leaf collection: (1) minimize effects of
equipment break downs; (2) meet deadlines for completion of leaf
collection, (3) minimize time delays and hauling loads to the transfer
station, and (4) address public concerns regarding the single collection
cycle per section.
Skip Decker, Operations Superintendent, Solid Waste
Management Department, advised that the 1999 bagged leaf collection
program began on November 1 and will continue through December 17;
and during the week of November 22 - 26, there will be no leaf
collection with all resources to be targeted at solid waste collection.
He advised that the City is divided into four quadrants and each
quadrant is divided into three zones, with the following collection
schedule: Monday - northwest quadrant, Tuesday - northeast quadrant,
Wednesday - southeast quadrant and Thursday - southwest quadrant.
He stated that three crews will be assigned one Z~one in each quadrant
per day, crews will work four, ten hour days, Monday through Thursday,
and due to heavy work load, leaf collection will take place on Friday and
Saturday, as necessary, in order to remain on schedule.
The Vice-Mayor relinquished the Chair to the Mayor.
338
Mr. Trout inquired as to the number of trees that are planted
and/or replaced on an annual basis; how many trees should be planted
annually, and does the City have a certain number of trees targeted for
planting annually; whereupon, John W. Coates, Manager, Department
of Parks and Recreation, advised that a figure is targeted in the Capital
Maintenance and Equipment Replacement Program which was
established a number of years ago and he would provide Council with
the information.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
CAPITAL IMPROVEMENTS PROGRAM-BONDS: Diane S. Akers,
Acting Assistant City Manager, presented a briefing on the City's
Capital Improvement Program (ClP). She advised that in fiscal year
1996-97, a participation process was utilized to develop the CIP and to
determine the projects to be included in the $39.03 million bond
referendum which was overwhelmingly approved by City voters in
November 1997. She explained that information from the participation
process was used in developing the fiscal year 1999-2002 ClP, which
included projects funded from the $39 million bond referendum, and
include the following categories: Bridges - $2.8 million, Buildings - $8.2
million, Economic Development - $2.75 million, Parks - $4.8 million,
Storm Drains - $2.6 million, Public Schools - $13.623 million, and
Streets and Sidewalks - $4.255 million.
Ms. Akers advised that the City has a Five Year Capital
Improvements Program for capital expenditures to address the long
term capital needs of the City of Roanoke, and in January 1999, Council
was presented with an updated CIP for fiscal years 1999-2003 and the
update included projects completed during the last fiscal year and no
longer included in the ClP, new projects considered by Council and
added to the CIP, and projects which required additional funding. She
pointed out that the current CIP totals $322.5 million and includes
projects in seven major categories, and referred to a list of unfunded
CIP requests totaling $160.9 million that are spread among the various
categories, which list was developed using Council's input, a citizen
CIP workshop, and requests from City staff. She ~dvised that currently,
City staff is in the process of updating the CIP for fiscal year 2000 -
2004; that while additional funding for capital projects is not available,
the update will focus on the status of projects previously approved and
funded by Council, identifying projects that were completed during the
last fiscal year and no longer included in the CIP, identifying those
projects requiring additional funding, and updating the list of Priority
II, Unfunded Capital Project Requests. She further advised that in the
339
upcoming months, Council will be provided with an updated CIP for
fiscal year 2000-2004 and Council's input is requested as to priorities
for future capital projects. She called attention to the need to continue
to build debt capacity to fund future capital projects.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
GRANTS-NORTHWEST CHILD DEVELOPMENT CENTER: The
Acting Assistant City Manager submitted a written report of the Acting
City Manager advising that the Northwest Child Development Center
approached Council on December 21, 1998, requesting one time
funding assistance, in the amount of $400,000.00, to purchase and
renovate property located at 1523 Melrose Avenue, N. W.; Council
appropriated Community Development Block Grant (CDBG) funds on
June 21, 1999, pursuant to Ordinance No. 34348-062199, including
$100,000.00 in grant funds, for the Northwest Child Development
Center; fiscal year 1999-2000 General Fund budget contains
$600,000.00 in capital funding for renovation of Victory Stadium; and
funding, in the amount of $300,000.00, from this funding source was
earmarked for the Northwest Child Development Center to fully fund its
original request for $400,000.00.
The Acting City Manager further advised that the Northwest Child
Development Center, a 501(c)(3) non-profit corporation, is now
requesting funds, in the amount of only $350,000.00, to acquire the
building; as owners of the property, Northwest Child Development
Center will be able to obtain other funding sources to cover the cost of
renovating the building within the next five years; various foundations
and organizations are hesitant in providing grants for projects to non-
profit organizations that lease rather than own the property they
occupy; and CDBG funds, in the amount of $100,000.00 and $250,000.00
from the General Fund will be used by the Northwest Child
Development Center to purchase the facility.
The Acting City Manager recommended that he be authorized to
execute the agreement with the Northwest Child Development Center,
providing a $100,000.00 grant of CDBG funds and $250,000.00 from the
General Fund for acquisition of the building located at 1523 Melrose
Avenue, N. W., said agreement to be approved as to form by the City
Attorney; that Council authorize a transfer of funds in the amount of
$250,000.00 from the General FundTransfer to Capital Projects Fund to
340
ACTION:
ACTION:
the Transfer to Grant Fund account; and that Council further establish
a revenue estimate in the same amount in the Grant Fund and an equal
appropriation in an account to be established in the Grant Fund by the
Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34556-111599) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General Fund and Grant Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 335.)
Mr. Trout moved the adoption of Ordinance No. 34556-111599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Trout offered the following resolution:
(#34557-111599) A RESOLUTION authorizing the appropriate City
officials to enter into a Community Development Block Grant (CDBG)
Agreement, and any necessary amendments thereto, with the
Northwest Child Development Center, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 62, page 336.)
Mr. Trout moved the adoption of Resolution No. 34557-111599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, *White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
341
NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY-
GRANTS: The Acting Assistant City Manager submitted a written report
of the Acting City Manager advising that each year since 1992, the City
of Roanoke has received a HOME entitlement grant from the U. S.
Department of Housing and Urban Development (HUD); HOME funds
are used to increase the amount of affordable housing available to
families with incomes up to 80 per cent of the area median (e. g.
$36,500.00 for a family of four); of each year's HOME grant, 15 per cent
must be reserved for projects conducted by certified Community
Housing Development Organizations (CHDOs); the City has certified
The Northwest Neighborhood Environmental Organization (NNEO) to
be a bona fide CHDO, as defined by HUD; and NNEO has successfully
conducted CHDO projects for the City since 1993.
It was further advised that for the 1999-2000 period, Northwest
Neighborhood Environmental Organization, Inc., requested CHDO
funds for acquisition and construction or rehabilitation of two
properties in the 500 block of Loudon Avenue, N. W., which will be
offered for sale as affordable housing to eligible families; Council
authorized $50,000.00 in new CHDO funding for NNEO as part of the
Annual Update to the Consolidated Plan approved for submission to
HUD on May 11, 1999, pursuant to Resolution No. 34281-051199; HOME
funds must be matched at a rate of 12.5 per cent, or $6,250.00, for the
NNEO project; and the match requirement has already been met
through program income from closed-out Urban Development Action
Grants (UDAG) which the City uses to support portions of the delivery
costs of HOME activities, therefore, no additional outlay of City funds
will be needed to meet the match requirement.
The Acting City Manager recommended that he be authorized to
execute a 1999-2000 HOME Agreementwith NNEO, approved as to form
by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34558-111599) A RESOLUTION authorizing the appropriate City
officials-to enter into the 1999-2000 HOME Investment Partnership
(HOME) Program Agreement, and any necessary amendments thereto,
with the Northwest Neighborhood Environmental Organization, Inc.
(NNEO), upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 62, page 337.)
342
ACTION:
Mr. Trout moved the adoption of Resolution No. 34558-111599.
The motion was seconded by Mr. Harris and adepted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
TOWER PARKING GARAGE-FIRST UNION NATIONAL BANK: The
Acting Assistant City Manager submitted a written report of the Acting
City Manager advising that First Union National Bank (FUNB) entered
into a parking agreement with the City of Roanoke dated October 14,
1998; the agreement was based on First Union creating or relocating
200 additional qualifying job positions in Roanoke's Enterprise Zone
One between May 1,1997, and October 31, 1997, and maintaining those
positions during the term of the parking agreement; First Union has
maintained the 200 job positions referred to in the parking agreement
and has submitted documentation to support its qualified job positions;
the current parking agreement dated October 14, 1998, which expires
on December 15, 1999, unless renewed, provides for 200 parking
permits at a rate of $35.00 per parking permit per month in the Tower
Parking Garage; and the total monthly rate for the 200 spaces is
$7,000.00; and the new rate for the 1999-2000 renewed agreement
would rise to $40.00 per parking permit per month, which agreement
would be renewable for one additional year (2000-2001) at the rate of
$40.00 per parking permit per month.
It was further advised that First Union officials forwarded a letter
dated September 28, 1999, requesting renewal of the parking
agreement atthe increased rate of $40.00 per parking permit per month;
however, First Union inadvertently gave notice a few days past the
September 15, 1999, three-month time period for a renewal notice
contained in the terms of the parking agreement and the letter was not
received by the City until September 30, 1999; First Union's letter also
included a staffing report evidencing that the 200 job positions have
been maintained; and the information was audited before proceeding
with renewal of the agreement; and the City of Roanoke has the option
to accept the request of First Union for renewal or to reject the request
for renewal for one year from December 16, 1999, through December
15, 2000, with an option to extend for one additional year, both at $40.00
per parking permit per month rate, which equals $8,000.00 per month.
ACTION:
....... 343
The Acting City Manager recommended that Council accept the
request of First Union National Bank to renew the parking agreement
for one year, from December 16, 1999, to December 15, 2000; authorize
the Acting City Manager to execute the appropriate renewal agreement
with First Union, in a form to be approved by the City Attorney; and
further authorize the Acting City Manager to renew the parking
agreement for one additional year, from December 16, 2000, to
December 15, 2001, if First Union requests such renewal and complies
with the terms of the parking agreement.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34559-111599) A RESOLUTION accepting First Union National
Bank's (FUNB) request to renew for one year the parking agreement
with the City dated October 14, 1998; authorizing the City Manager to
execute an appropriate renewal agreement with FUNB; and authorizing
the City Manager to renew the parking agreement for one additional
year if FUNB requests such additional renewal and complies with the
terms of the parking agreement.
(For full text of Resolution, see Resolution Book No. 62, page 337.)
Mr. Trout moved the adoption of Resolution No. 34559-111599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
BUDGET-GRANTS-YOUTH: The Acting Assistant City Manager
submitted a written report of the City Manager advising that the City of
Roanoke received notice of a grant award for unsolicited funds from
the Department of Criminal Justice for a planning grant, in the amount
of $19,179.00, for fiscal year 1999-2000; the goal of the grant is to seek
the reduction of delinquency and recidivism through improvements in
the juvenile justice system and increased accountability for juvenile
offenders within a continuum of graduated sanctions; and
implementation of the grant will be administered by the City's Office on
Youth.
344
ACTION:
It was further advised that presently, no planned assessment of
the juvenile justice programs/services has been done; changes in the
Code of Virginia as a result of the actions of the 1998 General Assembly
responding to the recommendations for increased sanctions for
juvenile offenders from the Governor's Commission on Juvenile Justice
reform have emphasized increased sanctions in the community for
juvenile offenders; and the City of Roanoke should have a plan of need
to address gaps in services to this population and to their families.
The Acting City Manager recommended that he be authorized to
execute the required grant agreements and appropriate measures to
accept the grant from the Department of Juvenile Justice; that the
Director of Finance be authorized to establish a revenue estimate in the
amount of $19,179.99 in the Grant Fund and appropriate funds totaling
$19,179.00 to the following expenditure accounts:
Account No.
2010 $11,179.00
2044 2,000.00
2046 1,000.00
2066 5,000.00
Fees for Professional Services
Training and Development
Mileages
Program Activities
Total $19,179.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34560-111599) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 339.)
Mr. Trout moved the adoption of Ordinance No. 34560-111599.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Trout offered the following resolution:
ACTION:
345
(#34561-111599) A RESOLUTION authorizing acceptance of a
Juvenile Accountability Incentive Block Grant from the Virginia
Department of Criminal Justice Services on behalf of the City,
authorizing execution of any and all necessary documents to comply
with the terms and conditions of the grant and applicable laws,
regulations, and requirements pertaining thereto.
(For full text of Resolution, see Resolution Book No. 62, page 340.)
Mr. Trout moved the adoption of Resolution No. 34561-111599.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
POLICE DEPARTMENT-CITY EMPLOYEES: The Acting Assistant
City Manager submitted a written report of the Acting City Manager
advising that Resolution No. 4748 established a policy for payment of
a salary adjustment to injured employees in only the Fire/EMS and
Police Departments for a period of 60 days to ensure that a police
officer or a firefighter receives full salary if an accident occurs on the
job and causes the employee to lose time from work; Police Officer
Holly Willoughby, Mounted Patrol Unit, suffered job-related injuries on
July 1, 1999; on October 20, 1999, Council authorized an extension of
benefits for 60 days, which expired on October 29, 1999; and Officer
Willoughby has remained off duty, under doctor's care, from the date
of injury, she is progressing slowly and no medical determination has
been made at this time regarding her return to duty.
The Acting City Manager recommended that Council authorize
supplemental salary payments to Officer Willoughby for another 60
days, from October 30, 1999 to December 18, 1999.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#34562-111599) A RESOLUTION extending the pay benefits
provided for by Resolution No. 4748 for a certain employee of the City.
(For full text of Resolution, see Resolution Book No. 62, page 340.)
346
ACTION:
Mr. Hudson moved the adoption of Resolution No. 34562-111599.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
Council Member Swain inquired as to benefits, if any, afforded to
other City employees injured in the line.of duty, other than employees
of the Police, Fire and Emergency Medical Services Departments;
whereupon, the Director of Public Safety advised that Ordinance No.
4748 pertains only to employees of Police, Fire and Emergency Medical
Services and all other City employees are covered by Workers
Compensation laws.
Following an explanation of the benefits afforded to Fire, Police
and Emergency Medical Services personnel, compared with Workers
Compensation benefits which are provided to all other City employees
injured in the line of duty, Council Member Swain requested that the
matter be referred to the City Manager for review so as to eliminate any
perception of discriminatory practices in the overall City workforce,
with a follow-up report to Council.
BONDS/BOND ISSUES-BUDGET-ECONOMIC DEVELOPMENT-
INDUSTRIES: The Acting Assistant City Manager submitted a written
report of the Acting City Manager advising that the City entered into a
Performance Agreement dated March 19, 1999, with Johnson and
Johnson Vision Products, Inc., and the Industrial Development
Authority of the City of Roanoke (IDA); the Performance Agreement
provides that the City will appropriate $9,174,611.00 to fund off-site
improvements for a new facility in the City of Roanoke - $2,000,000.00
by the City and appropriations to the IDA of $7,174,611.00 for grants to
Johnson and Johnson for site development and eligible costs;
$7,600,000.00 of the above funds were to be secured through the sale
of Series 1999 General Obligation Bonds; and Series 1999 General
Obligation Bonds have been sold.
It was further advised that off-site improvements for the project
have begun and payments will be required soon from the City for those
items; Johnson and Johnson is in the process of preparing all
documentation on site improvements for submittal to the IDA and has
requested a grant payment of $4,000,000.00 from the IDA, pursuant to
the Performance Agreement, and the IDA will request funding for the
ACTION:
347
grant from the City; Council has previously directed that funds for the
project be appropriated to the IDA pursuant to Ordinance No. 34215-
031999; and the $7,600,000.00 to be provided by the above bond funds
needs to be made available for the project.
The Acting City Manager recommended that Council authorize
appropriation of $7,600,000.00 in 1999 Series General Obligation Bonds
Proceeds, as follows: $5,600,000.00 to Account No. 008-002-9701,
Johnson and Johnson Development; and $2,000,000.00 to Account No.
008-002-9700, Johnson and Johnson Off-Site Improvements.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34563-111599) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see OrdinanCe Book No. 62, page 342.)
Mr. Trout moved the adoption of Ordinance No. 34563-111599.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
BUDGET-GREENWAY SYSTEM: The Acting Assistant City
Manager submitted a written report of the City Manager advising that
Council was briefed on the status of greenways in the Roanoke Valley
at its regular meeting on January 4, 1999, by Liz Belcher, Roanoke
Valley Greenways Coordinator, Kit B. Kiser, Director of Utilities and
Operations, Philip C. Schirmer, Assistant City Engineer, and Greg Reed,
Civil Engineer II; and following the briefing, the City Manager was
requested to proceed with preparation of a location study.
It was further advised that advertisement of public notice to seek
consultant services for a location study and design of a greenway from
the Salem City limit to Explore Park and running generally along the
348
ACTION:
Roanoke River was advertised on February 28, 1999; qualification
proposals were received from six firms; the selection committee held
personal interviews with the four most qualified firms and deemed the
firm of Anderson and Associates of Virginia, Inc., as the most qualified.
It was explained that contract negotiations are complete and a
lump sum agreement has been reached with Anderson and Associates
of Virginia, Inc., in the amount of $60,000.00, which is considered to be
a fair price for the Scope of Services negotiated.
The Acting City Manager recommended that Council appropriate
$70,000.00 from CMERP to a capital account to be established by the
Director of Finance entitled, "Roanoke River Greenway."
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34564-111599) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General Fund and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 343.)
Mr. Trout moved the adoption of. Ordinance No. 34564-111599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
BUDGET-BRIDGES-DOWNTOWN NORTH: The Acting Assistant
City Manager requested that a report in connection with a contract for
the Downtown North Parking Garage and conversion of First Street
Bridge to a pedestrian bridge be withdrawn.
BUDGET-COMMUNICATIONS DEPARTMENT: The Acting
Assistant City Manager submitted a written report of the Acting City
Manager advising that Council authorized the Regional Radio System
on May 12, 1997, as a part of fiscal year 1997-98 budget study; the
Intergovernmental Agreement between Roanoke City and Roanoke
County was executed on December 16, 1997; a contract with Motorola,
~' ' ~ "~-:' i~:~ ';~:* ~' ' ~ ~'~:~'*~ .~":~i :~ :'~: .... *'
Inc., was executed for installation of the system on December 17, 1997;
and the project is to be implemented in three phases and completed by
June 2000.
ACTION:
It was further advised that the project, totaling $6.7 million, is
currently on schedule and has been activated for Phase I (Fire/EMS)
and Phase II (Police); Public Works, Utility Line Services and Parks and
Recreation departments are scheduled to be activated by July 1, 2000;
project funding includes a $2.5 million capital lease repayable over
seven years, with the first year's payment having been made during
fiscal year 1998-99, and the second payment will be due in January
2000; $508,100.00 was included in Transfers to Capital Projects Fund
as part of the adopted General Fund budget for Fiscal Year 1999-2000
to fund the capital lease payment and system maintenance contract;
and budgeted funding of $508,100.00 needs to be appropriated in the
proper Debt Service and Capital Projects Fund accounts.
The Acting City Manager recommended that Council authorize
the transfer of $445,052.00 from Transfers to Capital Projects to the
Debt Service Fund for payment of the .capital lease and appropriate
$63,048.00 from Transfers to Capital Projects to Capital Project Account
No. 008-050-9614-9003 - Regional Radio System.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34565-111599) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General Fund and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 344.)
Mr. Trout moved the adoption of Ordinance No. 34565-111599.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None .......................................... =. ........................... 0.
DIRECTOR OF FINANCE:
350
ACTION:
BUDGET-TAXES-COUNCIL-FEE COMPENDIUM: The Director of
Finance submitted a written report transmitting an updated Revenue
Compendium for the City through fiscal year 1999. He advised that the
Revenue Compendium provides a detailed trend analysis of General
Fund and School Fund revenue sources that finance the operations of
City government, and serves as a resource to be used to familiarize
staffwith individual revenue sources and the fiscal capacity of the City.
(For full text, see report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the report
and Revenue Compendium would be received and filed.
Council Member White requested a review of the annual service
charge, which is currently an amount equal to 20 per cent of the City of
Roanoke real estate tax levy imposed on certain tax exempt property,
to determine if the service charge is sufficient to cover the cost of
providing City services; and, if it is discovered that certain tax exempt
properties are not paying a sufficient service charge to cover the cost
of City services, Council Member Swain inquired if a revised service
charge could be adopted retroactive.
It was the consensus of Council to refer the matter to the
Financial Planning Session to be scheduled in February/March 2000.
(March 4, 2000 - Financial Planning Session.)
CITY EMPLOYEES-PENSIONS-GRANTS: The Director of Finance
submitted a written report advising that the City of Roanoke has 32
employees whose salary and fringe benefits are paid with Federal or
State grant funds; these grant employees receive the same fringe
benefits as City employees, except for retirement benefits; normally,
grants are approved and funded for a period of one year; due to the five
year vesting requirement for the City Pension Plan, a retirement
contribution equal to nine per cent of total salary is paid on behalf of all
grant employees to a Deferred Compensation Plan managed by the
International City Management Association, Retirement Corporation
(ICMA); and grant employees are not members of the City of Roanoke
Pension Plan, which might deter City employees from applying for
potentially higher paying grant positions due to the fact that they would
end their membership in the City Pension Plan.
Itwas further advised that several grant employees have inquired
about membership in the City of Roanoke Pension Plan; average
service time for grant employees equals four and one-half years; a
recent survey of other local retirement systems in Virginia reflected that
351
grant employees are included in their pension plans; Slabaugh Morgan
White & Associates, actuary for the Pension Plan, states that no
actuarial liability would be created by allowing grant employees as
irrevocable option to become a member of the Pension Plan in lieu of
the nine per cent employer paid contribution to ICMA; and if this option
were granted, there would be no additional cost to the City for these
employees to be members of the Pension Plan since their respective
grant would be required to pay the contributions.
The Director of Finance recommended that a "window of
opportunity" be opened for the current 32 grant employees, beginning
December 13, 1999, and ending at the close of business on
December 31, 1999, to make an irrevocable election to become an
active member of the City of Roanoke Pension Plan as of January 1,
2000, or continue to receive the employer paid ICMA contribution;
service accumulation in the City Pension Plan would begin on this date
and each current grant employee would retain the employer paid ICMA
contributions, including investment returns; and all new grant
employees hired on or after December 13, 1999, would be given the
irrevocable option of becoming a member of the City Pension Plan or
having an employer paid retirement contribution to the ICMA Deferred
Compensation Plan.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the follOwing emergency Ordinance:
"AN ORDINANCE amending the definition of "Employee" in
§22.1-2, Definitions, and amending §22.1-3, Membership Generally, by
adding a new subsection (c4), Chapter 22.1, Pensions and Retirement,
Code of the City of Roanoke (1979), as amended; and providing for an
emergency."
Mr. Trout moved the adoption of the ordinance. The motion was
seconded by Mr. Swain.
Ms. Mariam Alam-Stacy, 1922 Cambridge Avenue, S. W., a City
grant employee, advised that City employees paid or funded with grant
money have expressed concerns regarding their retirement package for
many years. She stated that she learned on Wednesday, November 10,
that the report of the Director of Finance was to be included on the City
Council agenda for November 15, at which time she left a message for
the Director of Finance that a group of affected grant employees would
like to meet with him to review the recommendation, and she further
expressed concern that the Council Chamber should not be the first
352
place to voice their concerns; however, the only communication she
received from the Finance Department was a letter in the mail on
Saturday from the City's Retirement Administrator which was written
in the tone that the recommended action in the report of the Director of
Finance was a "done deal". She pointed out that informational
meetings have been scheduled and deadlines have been established
for enrolling in the City's retirement plan. She stated that for years,
grant employees have tried to work with their supervisors to reach a
consensus on the retirement issues, and because of her faith in the
organization, she did not want to approach the employee union or take
a stance directly before City Council. Slle added that the City has been
very good at involving citizens in decisions that affect them, but she
has been disillusioned to find that the City has not been as interested
in its employees when it comes to retirement issues, or perhaps the
problem is that grant employees are not considered to be members of
the City organization. She explained that the classification of grant
employee is not recognized by the City Code which is the reason that
the proposal to define grant employees is before Council today, and
referred to Section 22.1-3(b) of the Code of the City of Roanoke, 1979,
as amended, which provides that any person who is employed or
reemployed on or after July 1, 1984, shall become a member of ESRS;
therefore, the entire categorization of grant employee has been a policy
decision not endorsed by City Code and it would appear that the so
called grant employee should have been included in the retirement plan
to begin with. She advised that the Roanoke Neighborhood Partnership
has been in existence for over 20 years, along with the City's Office on
Youth, the Office of Grants Compliance has existed for over 15 years,
and for many years Building Inspectors were funded by HUD grants.
She explained that one of the problems with the ICMA Deferred
Compensation Plan is that it does not have equal benefits, with unequal
returns from investments, and one has the option if they receive a
pension to shelter funds in a Deferred Compensation Plan such as
ICMA which limits the amount of money that one can invest. She stated
that the recommendation of the Director of Finance benefits new
employees, but it is disrespectful to those employees who have worked
for the City from 15 - 25 years. In summary, she advised that for years,
g rant employees have been given a lesser retirement package, for years
employees who are in seemingly permanent I~ositions have tried to
negotiate to be considered as City employees, and ICMA is not equal to
the benefits of the City's retirement package. She requested that
Council table the recommendation of the Director of Finance for two
353
months and that the City Attorney review the definition of City
employees to determine the eligibility of Grant employees as City
employees and that a committee of affected employees be appointed
to work with the City Manager, City Attorney, Director of Finance, and
the Board of Trustees of ESRS to reach a satisfactory solution, with a
report to Council.
Mr. Charles A. Harlow, 1375 Stoutamire Drive, Salem, Virginia, a
City grant employee, advised that he was of the understanding that a
group of employees would meet with the City Administration to discuss
the matter. He stated that frOm November 15, 1999 until December 31,
1999, is not sufficient time to discuss retirement issues of grant
employees.
Following discussion, Ms. Wyatt offered a substitute motion that
the matter be tabled to allow the City Administration to meet with the
approximately 32 affected grant employees in an effort to reach an
understanding. The motion was seconded by Mr. White and
unanimo[;sly adopted.
REPORTS OF COMMITTEES:
LEGISLATION: Council Member William White, Sr., Chairperson,
Legislative Committee, presented a written report on behalf of the
Committee, transmitting the proposed year 2000 Legislative Program.
It was advised that on November '10, 1999, Council's Legislative
Committee met to review the proposed year 2000 Legislative Program;
after careful review, the Committee recommended the Program to
Council for favorable action; the Schools portion of the Program was
approved by the School Board on November 9, 1999; it is planned to
reconvene the Legislative Committee in December, after the Governor's
budget is released, to prioritize action items listed in the Program, in
order to help focus efforts of the City's Legislative Liaison; and the
recommended Legislative Program will advance the legislative interests
of the City and its people at the year 2000 Session of the Virginia
General Assembly.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following resolution:
(#34566-111599) A RESOLUTION adopting and endorsing a
Legislative Program for the City to be presented to the City's delegation
to the 2000 Session of the General Assembly.
354
ACTION:
(For full text of Resolution, see Resolution Book No. 62, page 345.)
Mr. White moved the adoption of Resolution No. 34566-111599.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
SEWERS AND STORM DRAINS-BUDGET-FLOOD
REDUCTION/CONTROL: Council Member Carroll E. Swain, Chairperson,
Bid Committee, presented a written report on behalf of the Committee,
in connection with bids received by the City for 1999 Miscellaneous
Drainage Projects composed of the following: a concrete flume on
Andrews Road, N. W., ditch improvements along Monterey Road, N. W.,
a storm drainage system on Barnhart Drive, S. W., and a storm drainage
system on Belle Aire Circle, S. W.; due to the severity of historic
flooding damages at these locations, they have received high priority
rankings in the City's CIP Drainage Program; stormwater at these
locations has flooded both the streets and the adjacent homes; and
following advertisement, bids were publicly opened and read, with S. C.
Rossi and Co., Inc., submitting the Iow bid, in the amount of
$133,231.00.
The Bid Committee recommended that Council take the following
actions:
Authorize the Acting City Manager to enter into a
contractual agreement with S. C. Rossi & Co., Inc., in a
form approved by the City Attorney, in the amount of
$133,231.00 and 120 consecutive calendar days, with a
project contingency of $20,000.00 (15 per cent), for a total
of $153,231.00 to construct the 1999 Miscellaneous
Drainage Projects.
Transfer funding in the amount of $34,147.00 from project
Account No. 008-052-9568, $41,539.00 from project
Account No. 008-052-9581 and appropriate $6,700.00 from
Capital Projects Fund Balance Account No. 008-3329 to an
account to be established by the Director of Finance
entitled, "1999 Miscellaneous Drainage Projects".
355
Transfer funding, in the amount of $70,845.00, from 1996
Bonds (Storm Drains) Account No. 008-052-9701-9176, to
an account to be established by the Director of Finance
entitled, "1999 Miscellaneous Drainage Projects".
The Acting Assistant City Manager submitted a written report of
the Acting City Manager concurring in the recommendation of the Bid
Committee.
ACTION:
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34567-111599) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 346.)
Mr. Swain moved the adoption of Ordinance No. 34567-111599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Swain offered the following emergency ordinance:
(#34568-111599) AN ORDINANCE accepting the bid ofS. C. Rossi
& Company, Inc., to construct the 1999 Miscellaneous Drainage
Projects, upon certain terms and conditions, and awarding a contract
therefor;- authorizing the proper City officials to'execute the requisite
contract for such work; rejecting all other bids made to the City for the
work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 347.)
Mr. Swain moved the adoption of Ordinance No. 34568-111599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
TRAFFIC-STREET LIGHTS-SIDEWALK/CURB AND GUTTER-
BUDGET: Council Member Carroll E. Swain, Chairperson, Bid
Committee, presented a written report on behalf of the Committee, in
connection with bids received by the City for Williamson Road and
Church Avenue improvements, which were identified in the Outlook
Roanoke planning report; advising that the part of the improvements
that were advertised for competitive sealed bidding consists of
proposed improvements for streetscape enhancements, including
sidewalk, curb, crosswalks and landscaping on Williamson Road
between Salem Avenue and Franklin Road and on Church Avenue
between Williamson Road and Market Street; and street lighting will be
provided to the area by Appalachian Power Company d/b/a American
Electric Power (AEP) on a sole source basis.
It was further advised that the portion of the project subject to
competitive sealed bidding was advertised, and bids were publicly
opened and read with H. & S. Construction Company submitting the Iow
base bid in the amount of $210,660.40; AEP has provided an estimate
to install the desired street lights, fixtures and associated electric
service for $200,010.00; the proposed street light installation is in
accordance with the current Street Light Agreement between the City
of Roanoke and AEP; the Office of Supply Management has determined
that AEP is a sole source for this installation and maintenance, which
approach will obligate AEP to operate and maintain the street lights
under an annual tariff system used for most of the City's public street
lights; and monthly operation and maintenance cost for all of the street
lights included in the project is $569.36.
The Bid Committee recommended that Council authorize the
Acting City Manager to execute a unit price contract for the above
referenced streetscape improvements, in a form to be approved by the
City Attorney, with H. & S. Construction Company, in the total amount
of $230,131.40 (which consists of $210,660.40 - Base Bid + $6,200.00 -
Alternate No. 2 + $13,271.00 - Alternate No. 3), with 120 calendar days
for completion of the project; and further authorize the Acting City
Manager to execute appropriate purchase orders with AEP for the
proposed street lights at an estimated cost of $200,010.00; the Office
357
of Supply Management has determined that AEP is a sole source for
this installation and maintenance; authorize transfer of $460,141.40
from the sale of Series 1999 Bonds Account No. 008-052-9709-9191, to
Account No. 008-052-9567-9001, Williamson-Church Streetscape; and
reject all other bids received by the City.
The Acting Assistant City Manager submitted a written report of
the Acting City Manager concurring in the recommendation of the Bid
Committee.
ACTION:
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34569-111599) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 348.)
Mr. Swain moved the adoption of Ordinance No. 34569-111599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Swain offered the following emergency ordinance:
(#34570-111599) AN ORDINANCE accepting the bid of H. & S.
Construction Company, for the Williamson Road and Church Avenue
Improvements, 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. 62, page 349.)
Mr. Swain moved the adoption of Ordinance No. 34570-111599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
358
ACTION:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Swain offered the following emergency ordinance:
(#34571-111599) AN ORDINANCE authorizing a purchase order
to Appalachian Power Company dlb/a American Electric Power (AEP)
for the street light installation for the Williamson Road and Church
Avenue Improvements Project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 350.)
Mr. Swain moved the adoption of Ordinance No. 34571-111599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
INDUSTRIES-ECONOMIC DEVELOPMENT: Council Member
Carroll E. Swain, Chairperson, Bid Committee, presented a written
report on behalf of the Committee, in connection with bids received by
the City for construction of Frontage Road Improvements for Ordway
Drive and Ferndale Drive, N. W.
It was advised that the City of Roanoke entered into a
Performance Agreement with Johnson and Johnson Vision Products,
Inc., dated March 19, 1999, which states that Johnson and Johnson has
acquired 31.206 acres of land (Official Tax Nos. 6460101 and 6460106)
for the purpose of constructing and operating a-manufacturing facility;
the Performance Agreement requires the City of Roanoke to complete
certain off-site improvements required to provide access to the
Johnson and Johnson facility, which are to be completed by July 1,
2000, and include the following proposed improvements: Frontage
Road is to be extended so that the Johnson and Johnson site will be
accessible from Peters Creek Road and Hershberger Road, which will
be handled by a future contract; the present project involves
construction of the following improvements to Ferndale Drive and
Ordway Drive: a cul-de-sac will terminate Ferndale Drive approximately
359
400' from its intersection with Ferncliff Avenue, and Ordway Drive will
be extended so that Johnson and Johnson will have access to the back
of its manufacturing site.
It was further advised that the project was advertised; bids were
publicly opened and read, with L. H. Sawyer Paving Co., Inc., submitting
the Iow bid, in the amount of $479,195.61, for the contract; and total
construction cost is estimated, as follows:
Construction Contract
Contingency
$479,195.61
50,000.00
Total $529,195.61
The Bid Committee recommended that Council authorize the
Acting City Manager to execute a contract, in a form to be approved by
the City Attorney, with L. H. Sawyer Paving Co., Inc., in the amount of
$479,195.61, to provide for construction of Frontage Road
Improvements for Ordway Drive and Ferndale Drive.
The Acting Assistant City Manager submitted a written report of
the City Manager concurring in the recommendation of the Bid
Committee.
ACTION:
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency ordinance:
(#34572-111599) AN ORDINANCE accepting the bid of L. H.
Sawyer Paving Company, inc., for construction of the Frontage Road
Improvements for Ordway Drive and Ferndale 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. 62, page 351.)
Mr. Swain moved the adoption of Ordinance No. 34572-111599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
36,0
ACTION:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ............................. ~ ............................. 7.
NAYS: None ....................................................................... 0.
BUDGET-BRIDGES: Council Member Carroll E. Swain,
Chairperson, Bid Committee, presented a written report on behalfofthe
Committee, in connection with bids received by the City for the
Broadway Street Bridge Replacement Project, which was identified in
the Bridge Inspection Program with the highest priority need for
replacement; advising that the project was property advertised and bids
were publicly opened and read, with Allen R. Neely Company
submitting the Iow bid in the amount of $238,203.90.
The Bid Committee recommended that Council authorize the
Acting City Manager to execute a unit price contract, in a form to be
approved by the City Attorney, with Allen R. Neely Company, in the
amount of $238,203.90 and 120 calendar days for completion, with a
project contingency of $30,000.00; authorize transfer of $268,204.00
from the Series 1999 Bond Account No. 008-052-9709-9190 to a new
account to be established by the Director of Finance entitled,
"Broadway Street Bridge"; and reject all other bids received by the City.
The Acting Assistant City Manager submitted a written report of
the Acting City Manager concurring in the recommendation of the Bid
Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34573-111599) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 352.)
Mr. Swain moved the adoption of Ordinance No. 34573-111599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
ACTION:
361
Mr. Swain offered the following emergency ordinance:
(#34574-111599) AN ORDINANCE accepting the bid of Allen R.
Neely Company, for the Broadway Street Bridge Replacement Project,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract for
such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 353.)
Mr. Swain moved the adoption of Ordinance No. 34574-111599.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
FLOOD REDUCTION/CONTROL-PURCHASE/SALE OF
PROPERTY: Kit B. Kiser, Chairperson, Flood Plain Committee,
presented a written report on behalf of the Committee, in connection
with the Roanoke River Flood Reduction Project, Residential
Acquisition Policy, Hannah Mobile Home Court property, advising that
in the City's original intent for acquisition of property for the Roanoke
River Flood Reduction Project, no residential homes were intended for
removal; the original design for the project included a retaining wall at
the Hannah Mobile Home Court property; construction of the retaining
wall would have allowed the 42 mobile homes located between Hannah
Circle and the Roanoke River to remain in place; and current project
design has replaced the retaining wall with a bench cut and would
require the removal of approximately 39 existing mobile homes.
It was further advised that the Flood Plain Committee met on
June 22, 1999, to review and discuss specifics of the property
acquisition issue; a phase two environmental site assessment has
been performed on the property and no environmental problems were
found on the part of the property needed for the bench cut; relocating
the mobile homes will be difficult due to the age of the homes and the
lack of available sites in the Roanoke Valley; owners of the property,
Trompeter Brothers, L. C., Phillip Trompeter, Constance Trompeter
Hausman, have been contacted regarding possible sale of the property
and as of this date, no response has been received; under the City's
agreement with the Corps of Engineers, the City is responsible for 100
362
ACTION:
per cent of property acquisition and relocation costs; and the City is
currently faced with spending additional relocation funds for the
property in order to keep the benefit/cost ratio above 1/1 and therefore
maintain Federal funding for the overall Roanoke River Flood Reduction
Project.
The Flood Plain Committee recommended that Council approve
changing the City's original intent regarding acquisition of residential
property and relocation of residential property owners or tenants for
the Hannah Mobile Home Court Property (Official Tax Nos. 1222403,
1222404, 1221406) in the Roanoke River Flood Reduction Project, and
allow acquisition of such property by purchase,:or condemnation if a
voluntary sale cannot be obtained, and relocation of the affected
property owners or tenants; and property acquisition cost and cost of
relocating the affected property owners or tenants will be subject to
approval by Council.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#34575-111599) AN ORDINANCE approving a change in the
City's prior intent regarding the acquisition of residential property and
the relocation of residential property owners or tenants for a portion of
the Hannah Mobile Home Court property identified by Official Tax Nos.
1222403, 1222404, and 1221406; authorizing the City Manager to
implement such change; authorizing the City Manager to proceed with
the acquisition of such property by a voluntary purchase or by
condemnation, ifa voluntary purchase cannot be obtained, pursuant to
Ordinance No. 29733-91189, all for the purposes of the Roanoke River
Flood Reduction Project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 354.)
Mr. Trout moved the adoption of Ordinance No. 34575-111599.
The motion was seconded by Mr. Swain.
Mr. James Leonard, 1935 Hope Road, S. W., advised that if
Council adopts the ordinance presently under consideration, it will
authorize the expenditure of $1 million and a large portion of that
amount will go toward the relocation of 39 trailers at $20,000.00 per
trailer, which seems like an exorbitant sum of money for that purpose.
He inquired as to where the trailers will be relocated and to whom will
the funds be paid.
363
The Director of Utilities and Operations advised that under the
Uniform Relocation Act, the City is required to compensate the
landowner for acquisition of the real property, and the trailers are
considered to be the personal property of the owner. He advised that
to date the City has not engaged in discussions with property owners
because to begin those discussions would trigger an element of the
Uniform Relocation Act and the position 'of Council is necessary before
negotiations commence. He stated that it is not known if all of the
trailers will be relocated, some persons may prefer to accept an equal
amount of money and purchase a home, or they may choose to move
into an apartment, etc.
Mr. Leonard requested a break down on the number of trailers
owned by the owners of the trailer park and those trailers that are
owned by the persons who reside in them; whereupon, Mr. Kiser
advised that he would provide Council with the requested information,
with a copy to Mr. Leonard.
Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., advised that
she participated in the public process when the need for flood
reduction on the Roanoke River was discussed and at that time the
study included a recreational trail to meet the cost benefit ratio of one
to one to make the Corp of Engineers project possible and also
included a recreational trail that would bridge the river to the trailer
park; however, that is no longer a part of the project because it does
not allow for the one to one cost benefit ratio. She called attention to
a concern that City Council and the City Administration assured
persons who addressed Council that their homes would not be taken
as a result of the flood reduction project, and advised that the one to
one ratio in altering the future design of the Roanoke River flood
reduction project can still be accomplished without compromising
Council's position and without reducing the credibility of the City
Administration.
Ordinance No. 34575-111599 was adopted by the following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was out of the Council Chamber.)
UNFINISHED BUSINESS: None.
364
ACTION:
ACTION:
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: Mr. Trout offered
the following resolution reappointing Margaret R. Baker as a Director
of the Industrial Development Authority of the City of Roanoke, to fill a
four year term on its Board of Directors, commencing October 21, 1999
and ending October 20, 2003.
(#34576-111599) A RESOLUTION reappointing a Director of the
Industrial Development Authority of the City of Roanoke, to fill a four (4)
year term on the Board of Directors.
(For full text of Resolution, see Resolution Book No. 62, page 356.)
Mr. Trout moved the adoption of Resolution No. 34576-111599.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was out of the Council Chamber.)
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: Mr. Trout offered
the following resolution reappointing Lynn D. Avis as a Director of the
Industrial Development Authority of the City of Roanoke, to fill a four
year term on its Board of Directors, commencing October 21, 1999 and
ending October 20, 2003.
(For full text of Resolution, see Resolution Book No. 62, page 357.)
Mr. Trout moved the adoption of Resolution No. 34577-111599.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Hudson was out of the Council Chamber.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
365
ACTS OF ACKNOWLEDGEMENT-COUNCIL: The Mayor presented
a communication in connection with a fitting tribute to the late
Reverend Noel C. Taylor, former Mayor of the City of Roanoke. He
suggested that a group of Council Members, to be led by Council
Member William White, serve on a "Blue Ribbon Committee" to submit
recommendations to Council. He stated that there are approximately
20 living former Members of Council, but those who served with Mayor
Taylor such as Robert Garland, Elizabeth Bowles, Jimmy Harvey,
Wendell Butler, David Lisk, and Beverly Fitzpatrick should be contacted
to serve. He further stated that Council could deal with the issue
directly as recommended by the committee, or the matter could go
through the proper channels of the City Planning Commission.
(For full text, see communication on file in the City Clerk's Office.)
Council Member Swain advised that the composition of the
proposed committee does not include the name of a current Member of
City Council who served with Dr. Taylor for the longest period of time.
He further advised that Dr. Taylor was a Mayor of the people and,
therefore, citizens should be actively involved in recommending an
appropriate means of recognition. He suggested that the current
Members of Council be given an opportunity to appoint citizen
representatives to the committee.
The Reverend Samuel Robinson, Route 1, Daleville, Virginia,
suggested that members of the clergy and citizens be appointed to the
proposed committee.
Council Member White requested that his name be withdrawn
from the proposed committee for personal reasons. He stated that
having worked with Dr. Taylor for a long period of time, former Mayor
Taylor's goal was to bring people together, and he would not want to
be a party to dividing citizens.
Following discussion, Mr. Harris moved that a 14 member
committee be appointed at the regular meeting of Council on Monday,
December 20, 1999, with each Member of Council recommending two
appointees to the committee° The motion was seconded by Mr. Swain
and unanimously adopted.
366
ACTION:
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
COUNCIL-ACTS OF ACKNOWLEDGEMENT-BRIDGES-MUNICIPAL
BUILDING: Mr. John P. Bradshaw, 3132 Burnleigh Road, S. W.,
suggested that the Second Street Bridge be named in honor of former
Mayor Noel C. Taylor (with other types of recognition to be considered
at a later date), and that the Roanoke City Municipal Building be named
in honor of Dr. Martin Luther King, Jr.
PURCHASE/SALE OF PROPERTY-COMPLAINTS-CITY
EMPLOYEES: Ms. Jeanette Manns, 1826 Tenth Street, N. W., appeared
before Council and expressed concern that citizens are not informed
when land is to be auctioned for sale in a specific neighborhood, which
would enable those citizens to have input in regard to how the land is
to be used and an opportunity to submit a bid.
Ms. Manns requested statistics on hiring and promotion of
minority persons in Roanoke City Government.
At 5:57 p.m., the Mayor declared the meeting in recess.
At 6:55 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
COUNCIL: With respect to the Closed Meeting just concluded,
Mr. Swain moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Closed Meeting was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
At 6:57 p.m., the Mayor declared the meeting in recess until 7:00
p.m.
367
On Monday, November 15, 1999, at 7:00 p.m., the Roanoke City
Council reconvened in regular session in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with the following Council Members in attendance, Mayor
Bowers presiding.
PRESENT: Council Members Carroll E. Swain, James O. Trout,
William White, Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson,
Jr., and Mayor David A. Bowers ...................................................... 7.
ABSENT: None ................................................................... 0.
OFFICERS PRESENT: Diane S. Akers, Acting 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 Mayor
Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
HEARING OF CITIZENS:
BUILDINGS/BUILDING DEPARTMENT-COMPLAINTS-COMMUNITY
PLANNING: Mr. Aubrey BUtler, 4833 Autumn Lane, N. W., appeared
before Council in connection with alleged building code violations
pertaining to a house under construction on Autumn Lane, and advised
that at the last Council meeting, the Acting City Manager and certain
members of the City staff stated that they were aware of some of the
building code violations on Autumn Lane before residents reported
those violations on October 29, 1999. He stated that if this is true and
City staff knew that the house was not in compliance with the approved
building plan, why would City government allow a contractor to
continue construction of the dwelling. Even though the house was in
violation of the approved building plan, he added that it was reported
that City staff did not stop delivery of the modular unit that was en route
because of a concern that the house might be set in the street. He
advised that he was not asking Council to amend building code
requirements, but to simply enforce those regulations currently in
effect in an effort to protect the rights of citizens. He stated that there
have been repeated offenses by the contractor, it is time to draw the
line, and it is time for the citizens and taxpayers of the City of Roanoke
to feel confident that their tax dollars are being spent to hire and to
maintain a qualified Building and Planning staff that is willing to work
368
for the citizens of Roanoke. He presented each member of Council with
a video tape demonstrating the alleged building code violations that are
presently occurring in his neighborhood.
Mr. Douglas Woody, 4854 Autumn Lane, N. W., encouraged
members of Council to attend a meeting on Thursday, November 18,
1999, at Ridgewood Baptist Church, to discuss concerns of residents
of the neighborhood. He stated that the house presently under
construction on Autumn Lane is worth approximately $53,000.00 and
property owners in the area expect their tax assessment to be adjusted
accordingly.
Mr. Muncie Smith, 609 Woods Avenue, S. W., advised that he can
relate to the concerns of Mr. Butler and his neighbors which are also
issues that Old Southwest, Inc., has brought to Council's attention at
previous Council meetings. He further advised that there is obviously
a problem with building code enforcement and requested that Council
intervene to insure that the situation is properly addressed.
Ms. Carolyn Otterman, 601 Allison Avenue, S. W., advised that
she can also identify with the concerns of Mr. Butler and his neighbors
in dealing with the City Planning Department, the Zoning Department
and the Architectural Review Board. She stated that she has expressed
concerns to the Members of Council and to the Acting City Manager,
with regard to certain matters that are in need of attention in Old
Southwest; however, no replies have been received to date. She called
attention to certain building code violations that are currently taking
place in Old Southwest that have not been properly addressed by the
City.
George C. Snead, Jr., Director of Public Safety, advised that the
City has a competent planning and community development staff that
is dealing with the Autumn Lane situation. He further stated that City
staff reviewed the site plan and cited issues of concern to the
developer, corrections were made and ultimately building permits were
issued. He stated that an inspector from the Building Commissioner's
Office has spent considerable time on the site, and when construction
violations were observed, they were properly cited in order to bring the
developer and the contractor into compliance. He explained that one
stop work order has been issued on the project, and there have been
a number of delays while the contractor was allowed time to make the
necessary corrections based on building code requirements. He stated
369
that it is hoped that the neighborhood meeting on Thursday,
November 18, 1999, will allow the contractor, building inspectors,
citizens and the neighborhood in general to engage in meaningful
dialogue that will lead to a greater understanding of the Autumn Lane
situation.
Following further discussion, the Mayor advised that without
objection by Council, all remarks would be received and filed.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, November 15, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. and Mrs.
Joseph E. Wells and Mr. Carl S. Turner'that two tracts of land lying in
the Norwich area of the City located at 2203 and 2209 Buford Avenue,
S. W., identified as Lots 28 and 32, Official Tax Nos. 1421318 - 1421322,
inclusive, be rezoned from LM, Light Manufacturing District, to RS-3,
Single Family Residential District, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Thursday, October 28 and Thursday,
November 4, 1999, and in The Roanoke Tribune on Thursday,
November 4, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that in late
1996, the Norwich neighborhood organization expressed a desire to
have its neighborhood rezoned for residential purposes; the Planning
Commission held a public hearing to rezone 174 parcels of land in May,
1997, from HM, Heavy Manufacturing District, and LM, Light
Manufacturing District, to RS-3, Residential Single Family District, and
CN, Neighborhood Commercial District; Joseph Wells, property owner,
appeared before the Commission at the public hearing and stated that
he supported the rezoning, however, he requested that the parcels of
land that he owned be removed from consideration.
It was further advised that there was also discussion at the
Planning Commission's public hearing about the present
nonconformity of the oil storage facility and the request of the owner
of the facility to leave the zoning as manufacturing; Commission
members discussed the overall downzoning of the area and was of the
opinion that the oil company property should not be part of the
370
rezoning request; the City Planning Commissidn did not, however,
agree to delete the six parcels of land requested by Mr. Wells; and
Council recommended rezoning of all properties in the proposed
rezoning area, with the exception of properties located on the north and
south sides of Buford Avenue, S. W. (Official Tax Nos. 1421309 -
1421322, inclusive) and on the south side of Buford Avenue, S. W.
(Official Tax Nos. 1421624 - 1421626) at its public hearing in June, 1997,
and referred the aforementioned properties back to the City Planning
Commission for further study.
It was noted that the applicant met with staff to discuss the
possibility of rezoning five parcels of land on Buford Avenue for
residential purposes; the properties are existing houses and lots that
the owners wish to rehabilitate; and the five parcels discussed were
included in those parcels referred back to the Planning Commission for
further study.
The City Planning Commission recommended that Council
approve the request to rezone five parcels of land (Official Tax Nos.
1421318 - 1421322, inclusive) that were previously part of an overall
downzoning of the Norwich area for residential purposes; and the
Planning Commission continues to believe that the area is a viable
neighborhood and the rezoning would further protect the neighborhood
character and environmental quality.
(For full text, see report on file in the City Clerk's Office.)
Mr. Joseph E. Wells appeared before Council in support of the
request for rezoning.
ACTION:
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34578) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No.142, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City.
(For full text of Ordinance, see Ordinance Book No. 62, page 358.)
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request for rezoning. There being
none, Ordinance No. 34578 was adopted, on its first reading, by the
following vote:
ACTION:
371
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
TAXES-LEAGUE OF OLDER AMERICANS: 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 15,
1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, on
the request of The League of Older Americans, Inc., for designation of
certain real property located in the City of Roanoke to be exempted
from taxation, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Sunday, November 7, 1999.
(See publisher's affidavit on file in the City Clerk's Office.)
The Mayor advised that the public hearing will be readvertised for
Monday, December 20, 1999, at 7:00 p.m., or as soon thereafter as the
matter may be heard, in order to include additional property.
STREET NAMES-ACTS OF ACKNOWLEDGEMENT: Pursuant to
action by Council, the City Clerk having advertised a public hearing for
Monday, November 15, 1999, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the request of the Southern Christian
Leadership Conference to rename Orange Avenue, N. E. and N. W., to
Dr. Martin Luther King, Jr. Avenue, the matter was before the body.
Advertisement of the public hearing was published in
The Roanoke Times on Friday, October 29, 1999.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that Council,
on January 20, 1998, received a request from Ms. Perneller C. Wilson,
for the City to rename Orange Avenue and Eureka Park in honor of the
late Dr. Martin Luther King, Jr., and the request was referred to the
Planning Commission for appropriate action; Mr. Jeff Artis,
representing the Southern Christian Leadership Conference (SCLC),
appeared before Council at its meeting on January 19, 1999, to request
that Orange Avenue be renamed Martin Luther King, Jr., Avenue; and
the request was again referred to the City Planning Commission for
study, report and recommendation to Council.
372
The City Planning Commission recommended that Council
change the existing single name designation of the public street
Orange Avenue to a dual name designation of Orange Avenue and
Martin Luther King, Jr., Avenue, and designate Orange Avenue as the
principal street name to be used for addressing purposes; abutting
property owners and tenants would not be required to change their
street name addresses; and the Postal Service advises that two dual
street names are acceptable; however, one must be officially
designated as the principal street name for addressing purposes.
(For full text, see report on file in the City Clerk's Office.)
Advertisement of the public hearing was public hearing was
published in The Roanoke Times on October 29, 1999.
(See publisher's affidavit on file in the City Clerk's Office.)
The Mayor inquired if there were persons present who would like
to address the matter.
Mr. Chris Craft, 1501 East Gate Avenue, N. E., spoke in
opposition to the renaming of Orange Avenue. He called attention to
expenses that would be incurred by business owners along Orange
Avenue in regard to changes to their stationary and signs. He stated
that the proposal of the Southern Christian Leadership Conference is
admirable, but renaming Orange Avenue is not the appropriate way to
accomplish their goal.
Mr. James Short, 5109 Appletree Drive, addressed Council on
behalf of his mother who reSides on Orange Avenue, and expressed
oppositio~ to the proposal because Orange Avenue is over 60 blocks
long and some of the businesses will incur a considerable financial
burden in changing stationary and signs and there will be a financial
impact on the City by changing street signs, tax maps and real estate
records, etc. He advised that there are numerous nationally known and
locally known persons who are deserving of having streets named in
their honor, and suggested that the City save taxpayers' money by
naming only new streets, bridges or parks in this manner. He asked
that Council deny the request of the Southern Christian Leadership
Conference, develop a more appropriate means to honor the memory
of Dr. King following additional study.
373
The Reverend Fred Fryer, 3541 Orange Avenue, N. E.,
representing the Grace and Truth Baptist Church, advised that the
church opposes changing the name of Orange Avenue due to costs
associated with changing maps, street signs, business stationery, etc.
Mr. E. Duane Howard, 508B Walnut Avenue, S.W., advised that
the proposal to change the name of Orange Avenue has sparked
criticism and divisiveness among citizens of the community. He stated
that if it is necessary to name something in honor of Dr. Martin Luther
King, Jr., it would be a discredit to his memory to do so when citizens
are divided, because Dr. King's life was about bridging the racial and
structural barriers that separate the races. He suggested that the
Second Street Bridge be named in Dr. King's honor. He called attention
to recent newspaper articles regarding a fitting tribute to the memory
of the late former Mayor Noel C. Taylor, and being the great man that
Dr. Taylor was, Mr. Howard suggested that a statue be erected in his
honor. He stated that as a native Roanoker, he would prefer that
Roanoke's street names remain intact, and with time and patience, an
idea will surface to honor the memory of Dr. King that will not cause
divisiveness among Roanoke's citizens.
Mr. Rich Joachim, 2913 Orange Avenue, N. E., advised that the
renaming of Orange Avenue is an inappropriate and wrong idea on
many levels, which is primarily a politibal gesture that empowers the
Southern Christian Leadership Conference and City officials who
authorize the change as a form of political affirmative action. He stated
that although Dr. King's leadership helped to change American culture,
he had no special ties to Roanoke and last year less than one dozen
people walked in the Dr. Martin Luther King, Jr. Parade. He stated that
Roanoke recently lost a great leader in former Mayor Noel C. Taylor
who was the protOtype of what a politician should be in this rapidly
revolving world - a man of unquestioned character, a man who led by
encouraging consensus, a man of humility and gentleness, and a man
respected across the political spectrum who served as a role model for
the people of the Roanoke Valley. Therefor, he advised that some
action by local government to honor the memory of Dr. Taylor is
appropriate and fitting.
Mr. Jeff Artis, P. O. Box 6675, representing the Southern
Christian Leadership Conference, requested that Council act on the
request as soon as possible in order to move on to the next step. He
advised that he would respond to questions by Members of Council.
374
Mr. Carl Cooper, 2120 Carroll Avenue, N.~W., appeared before
Council in opposition to the request of the ,Southern Christian
Leadership Conference and in opposition to the recommendation of the
City Planning Commission, because the City of Roanoke can do better
than either of these proposals. He recommended the following as an
alternative and as a way of developing a community wide consensus on
how to honor the memory of Dr. King:
(1) Table the matter;
(2)
Continue along the lines discussed by the City
Planning Commission in its report dated
November 15, 1999;
(3)
Refer the matter to the Roanoke Neighborhood
Partnership with instructions for the Presidents
Council to request that all neighborhood groups
make recommendations as to a fitting honor to
Dr. King and for the Presidents Council to report
back to City Council;
(4)
Refer the matter to the Roanoke City School Board
with the request that the School Board instruct
Superintendent Harris to develop a mechanism for
Council to receive a consensus of opinion from
students in the Roanoke City School system.
Mr. Cooper stated that the above referenced actions would allow
Council to act in a manner that resolves the issue and also in a manner
that Dr. King would have been proud of.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., raised a point of
order in regard to parliamentary procedure by advising that no motion
was on the Council floor for discussion.
Ms. Bethel spoke in support of the renaming of Orange Avenue
to Dr. Martin Luther King Jr. Avenue. With respect to persons who do
not live or own businesses on Orange Avenue, she stated that it should
be noted that quite often on issues that come before City Council, all
citizens are invited to offer comments and all citizens are encouraged
to share their opinions, therefor, the procedure should be solidified to
the exten~ that if the decision is to be based solely on the wishes of
those persons who live on Orange Avenue or have businesses on
Orange Avenue, the same procedure should be applied to issues
involving neighborhoods throughout the City of Roanoke.
375
Mr. Harris moved that Council concur in Alternative C of the
report of the City Planning Commission to deny the request and
develop mn alternative means of honoring Dr. Martin Luther King, Jr.
The motion was seconded by Mr. Hudson.
Ms. Wyatt requested that the remarks of Mr. Cooper be referred
to the Acting City Manager for consideration, specifically items 3 and
4: that the matter be referred to the Roanoke Neighborhood Partnership
with instructions that the Presidents Council request that all
neighborhood groups submit recommendations regarding a fitting
honor to Dr. King, with a follow up report to Council within a specified
period for time; and that the matter also be referred to the Roanoke City
School Board with the request that the School Board instruct
Superintendent Harris to develop a method for Council to receive a
consensus of opinion by students enrolled in the Roanoke City Public
Schools.
Mr. Artis advised that it has been the position of the Southern
Christian Leadership Conference that Council should either vote for or
against the proposal, and regardless of Council's vote, all parties
should work together to reach a solution. He inquired if the City is
aware of the copy right laws which are owned by the King family and
any action taken by the City would require authorization by the King
family to use the name. He advised that the Southern Christian
Leadership Conference is more than willing to work with the City as
long as an appropriate landmark is proposed.
Mr. George Gunther, P. O. Box 12353, advised that Dr. Martin
Luther King, Jr., accomplished a great deal in his short life and to name
Orange Avenue in his honor is small scale. Instead, he suggested that
Interstate 81 be named in honor of Dr. King.
The motion offered by Mr. Harris, seconded by Mr. Hudson, to
concur in Alternative C of the report of the City Planning Commission
to deny the request and develop an alternative means of honoring
Dr. King, was adopted by the following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris,
Hudson and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
COUNCIL: Pursuant to action taken by Council, the City Clerk
having advertised a public hearing for Monday, November 15, 1999, at
7:00 p.m., or as soon thereafter as the matter may be heard, on the
376
issue of whether City Council should increase the salaries of the Mayor
and Council Members, for the fiscal year beginning July 1, 2000, the
matter was before the body.
Advertisement of the public hearing was published in
The Roanoke Times on Monday, November 8, 1999.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Attorney transmitting an ordinance for
consideration by Council which would provide for an increase in the
salaries paid to the Mayor and Members of Council, advising that
pursuant to §15.2-1414.6, Code of Virginia (1950), as amended, (this
section went into effect on October 1, 1998) the Mayor of a City with a
population the size of Roanoke's may receive an annual salary of up to
$25,000.00, and Members of Council may receive an annual salary of up
to $23,000.00; and the Mayor currently receives $18,000.00 per year,
and the Vice-Mayor and Members of Council receive $14,000.00, which
salaries were established on June 3, 1996, by action of the Council, was
before the body.
It was further advised that as provided in §15.2-1414.6, no
increase in the salary of the Members of Council may take effect until
July I after the next regularly scheduled general election of Council
Members, which means in this instance if Council takes action to
establish an increase in the annual salaries of the Mayor and Members
of Council, this increase could not take effect until July 1, 2000; and
Section 15.2-1414.6 also provides that every proposed increase in the
salary of the Members of Council shall be adopted at least four months
prior to the date of the next municipal election, meaning that Council
will need to act on the matter before the end of 1999 if it wishes to act.
The City Attorney provided a compilation of the salaries paid to
Mayors and Council Members in other Virginia cities, which was
prepared by the Virginia Municipal League in December 1997, and is the
latest compilation available from the VML; and the City's Personnel
Manager telephoned several jurisdictions to obtain additional, current
information which is included in a November 1999, summary attached
to the report.
(For full text, see report on file in the City Clerk's Office.)
The Mayor inquired if there were persons present who would like
to address the matter.
377
Mr. Chris Craft, 1501 East Gate Avenue, N. E., spoke in support
of a pay increase for the Mayor and Members of Council.
Mr. George Gunther, P. O. Box 12353, spoke in support of a pay
increase for the Mayor and Members of Council because they are highly
qualified individuals and because of the amount of time and sacrifice
that is required to serve on City Council. He suggested that new
Council Members should start at a lesser salary and earn yearly merit
increases. He also spoke in support of compensating volunteers who
serve on City Council appointed committees.
Ms. Suzanne Osborne, 1702 Blair Road, S. W., appeared before
Council in opposition to a pay increase for the Mayor and Members of
Council, and stated that being highly qualified for the position has
nothing to do with job performance. She added that the Members of
Council are highly qualified individuals; however, being a public
servant means that a person has agreed to give up their personal time
at a meager wage to serve their community and until the citizens of
Roanoke see some type of outstanding performance in certain areas,
the public should not allow Council to vote on a pay increase. She
spoke to the fairness of allowing the citizens of Roanoke to vote on the
question at a referendum, because Council Members should be judged
by their peers as servants of government. She added that serving on
City Council was never intended to be a. primary source of income, yet
there are people in the City of Roanoke who support a family on the
amount of money that Council Members earn, or less.
Mr. E. Duane Howard, 508B Walnut Avenue, S. W., endorsed a
raise for the position of Mayor, not to exceed the cost-of-living increase
afforded to Social Security recipients. He advised that Council
Members should seek the position because of their love for the City and
not for monetary gain.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that she
appeared before Council in opposition to a proposed increase in salary
for Council Members. She stated that several years ago, there was an
attempt to establish a district voting system in Roanoke which created
considerable opposition, and inquired as to a procedure that would
enable Council positions to be full time rather than part time, because
Roanoke is growing at a rapid pace, the City is striving to generate
tourism and businesses which requires more than a part time effort by
Council Members. She stated that when Council Members ran for
office, they were aware that the positions were part time and they were
aware of the pay scale. She requested that Council consider taking the
necessary steps to create full time Council positions.
Mr. Winifred Noel, 2743 Northview Drive, S. W., advised that if
Council votes in favor of a pay raise, it should not take effect until after
July 1, 2000, when the Members of Council elected to office in the May
2000 election will officially take their seats on Council.
Thcre being no further speakers, the Mayor advised that a
second public hearing will be held on Monday, December 6, 1999, at
2:00 p.m., or as soon thereafter as the matter may be heard, in the City
Council Chamber.
OTHER HEARING OF CITIZENS: None.
OATHS OF OFFICE-COMMITTEES-PARKS AND RECREATION:
The Mayor advised that there are two vacancies on the Mill Mountain
Advisory Committee created by expiration of the terms of office of
Mary E. Kepley and Mr. Jordan B. Peck, III, and called for nominations
to fill the vacancies.
Mr. Trout placed in nomination the name of William R. Dandridge
and Mr. Harris placed in nomination the name of Steven Higgs.
There being no further nominations, Mr. Dandridge and Mr. Higgs
were appointed as members of the Mill Mountain Advisory Committee
for terms ending June 30, 2000, by the following vote:
ACTION:
FOR MR. DANDRIDGE AND MR. HIGGS: Council Members Swain,
Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ................... 7.
There being no further business, the Mayor declared the meeting adjourned
at 9:15 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
37-9_
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
December 6, 1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
December 6, 1999, at 12:15 p.m. the regular meeting hour, in the City Council
Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reqular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979),
as amended.
PRESENT: Council Members James O. Trout, William White, Sr., Linda F.
Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A.
Bowers .......................................................................................................... 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William M. Hac .kworth, 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.
LEGISLATION-COUNCIL-SCHOOLS: At 12:25 p.m., the meeting reconvened
in Room 159, Emergency Operations Center Conference Room, Municipal Building
South, with Mayor Bowers presiding, and all Members of the Council in attendance,
for a meeting with the Roanoke City School Board and Roanoke City Legislators to
discuss the proposed year 2000 Legislative Program for the City of Roanoke.
COUNCIL MEMBERS PRESENT: James O. Trout, William White, Sr., Linda F.
Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A.
Bowers .......................................................................................................... 7.
COUNCIL MEMBERS ABSENT: None ....................................................... 0.
SCHOOL BOARD TRUSTEES PRESENT: F. B. Webster Day, Sherman P. Lea,
Brian J. Wishneff, Ruth C. Willson, Charles W. Day, Melinda J. Payne and
Chairperson Marsha W. Ellison ........................................................................ 7.
SCHOOL BOARD TRUSTEES ABSENT: None ........................................... 0.
LEGISLATORS PRESENT: Senator John S. Edwards, Delegate A. Victor
Thomas and Delegate Clifton A. Woodrum, Iii.
380
OTHERS PRESENT: Representing the City of Roanoke: Darlene L. Burcham,
City Manager-Elect; James D. Ritchie, Acting City Manager; Diane S. Akers, Acting
Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso,
Director of Finance; Mary F. Parker, City Clerk; Willard N. Claytor, Director, Real
Estate Valuation; Robert H. Bird, Municipal Auditor; Robert K. Bengtson, Acting
Director, Public Works; George C. Snead, Jr., Director, Public Safety; Kit B. Kiser,
Director, Utilities and Operations; Representing the Roanoke City Public Schools:
E. Wayne Harris, Superintendent; Richard E. Kelley, Assistant Superintendent for
Operations; Cindy R. Lee, Clerk of the Board; Allison Baird, Legislative Aid to
Senator Edwards, Clara Crouch, Legislative Aid to Delegate Woodrum; Brian
Shepherd, Legislative Aid to Delegate Thomas; former Senator J. Granger
Macfarlane; and Thomas A. Dick, Roanoke City Legislative Liaison.
Following lunch, the meeting reconvened at 12:50 p.m.
Thomas A. Dick, Legislative Liaison for the City of Roanoke, presented
highlights of the City's Year 2000 Legislative Program.
(See Year 2000 Legislative Program on file in the City Clerk's Office.)
Mr. Dick reviewed past achievement efforts of the City's representatives to the
General Assembly during the 1999 Session:
(1) House Bill 599 funding provided an additional $.3 million to the City
annually;
(2) Capital funding was approved for the Roanoke Higher Education Center in
the amount of $3.6 million, bringing total support to $9 million, plus an
additional $90,000.00 in operating revenue;
(3) An increase from $6 million to $10.7 million was approved for Regional
Competitiveness Act funding, with the Roanoke area receiving over
$400,000.00 to support regional initiatives during the past year;
(4) Modifications to the Freedom of Information Act were approved that will
balance the interests of all stakeholders which is an ongoing study;
(5) Legislation was enacted to address urban blight;
(6) Numerous cultural institutions received additional funding; and
(7) Additional funding was approved for flood mitigation in the amount of
$100,000.00.
381
Mr. Dick expressed appreciation to Senator Edwards and to Delegates Thomas
and Woodrum and to their respective staffs for their assistance.
Brian J. Wishneff, School Trustee, presented the Year 2000 Legislative
Program of the Roanoke City School Board.
(See Year 2000 Legislative Program on file in the City Clerk's Office.)
Mr. Wishneff also presented information on how the school system used
additional funds provided by the state legislature over the last biennium and
highlighted future needs of the school system.
Former Senator J. Granger Macfarlane presented remarks on a proposed state
welcome center. He advised that the Roanoke Valley has a once in a lifetime
opportunity to develop a guest tourist information center/plaza. He stated that he has
provided the appropriate information to the economic development staffs of
Roanoke City and Roanoke County, and their interest has been high in both cases.
He added that land is available if the City wishes to pursue the proposal, and
requested that Members of Roanoke City Council and the Roanoke County Board of
Supervisors ask their respective delegations to the General Assembly to support a
$200,000.00 appropriation for planning funds and if the Roanoke Valley is
successful, he further requested that a commission or authority be appointed to
accept planning funds and to move forward on the planning for a Western Virginia
guest tourist center/plaza.
Senator Edwards commended the School Board and its administration for
advance planning in schools construction and renovation. He advised that in
addition to the Standards of Learning, the financial situation for educational funding
is one of the largest issues to be addressed by the General Assembly. He also
commended the City and the School Board for including the establishment of a
permanent revenue stream (Education Infrastructure Trust Fund) in their respective
legislative programs which will provide a permanent source of funding for school
construction. He explained that localities are under fiscal stress and need
assistance from the state; therefore, a permanent revenue stream would be one way
to address the problem.
Delegate Thomas discussed the Comprehensive Services Act which is costly
for cities and counties, and advised that 70 per cent of the Comprehensive Services
Act participants in Virginia would be covered by the State and Medicaid which would
remove a tremendous burden from the City of Roanoke. He added that he serves on
the Medicaid Carve Out Subcommittee and it appears that localities will receive
some assistance from the General Assembly in the year 2000 Session. He stated
382
that he also serves on the Intercedence Commission, which will draft legislation that
will be advantageous to inner cities, and the Governor has included funds in his
budget for House Bill 599 which is critically needed by localities. He commended
the Roanoke City Public School System and the support of City Council on school
related issues.
Delegate Woodrum addressed the Standards of Learning (SOL) tests and
cautioned that the SOL's not be pursued in a punitive manner, but in a way to render
assistance to those school systems that are not successful in achieving the desired
results. He stated that as a member of the Commission on Educational
Infrastructure, he has on numerous occasions called attention to Roanoke City's
efforts with regard to overall school improvements.
At 1:50 p.m., the Mayor declared the meeting in recess to be reconvened at
2:00 p.m. in the City Council Chamber.
At 2:00 p.m., on Monday, December 6, 1999, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council
Members in attendance, Mayor Bowers presiding.
PRESENT: Council Members James O. Trout, William White, Sr., Linda F.
Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A.
Bowers ........................................................................................................ 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting 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 Vice-Mayor C. Nelson
Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
PRESENTATIONS:
ACTS OF ACKNOWLEDGEMENT: The Mayor welcomed Ms.
Crystal Lewis, Miss Virginia 1999, and presented her with a "Key to the
City".
383
ACTS OF ACKNOWLEDGEMENT-LIBRARIES: Stephen Jenkins,
representing the Board of Directors, Southwestern Virginia
Genealogical Society, appeared before Council and presented a check,
in the amount of $1,000.00, to be used toward expansion of the Virginia
Room in the main Roanoke City Public Library.
Mr. Jenkins advised that the Southwestern Virginia Genealogical
Society commends Ms. Carroll Tuckwiller's 30 years of superlative
service as Director of the Virginia Room, and in her honor, $1,000.00 is
being donated to the City for expansion of the Virginia Room. He
further advised that Ms. Tuckwiller has been an extraordinary
ambassador for the City of Roanoke and has made the City numerous
friends and supporters among the thousands of visitors who have
traveled to Roanoke to use the Virginia Room; her considerable
knowledge and expertise in the history of Virginia and the science of
genealogy has helped many persons to find their roots in southwestern
Virginia; through her efforts, the Virginia Room has established an
excellent national reputation which has drawn many people from
throughout the nation and the world to visit the City of Roanoke. He
requested that other organizations whose members use the Virginia
Room consider a donation to this project.
Mr. Jenkins announced that the Southwestern Virginia
Genealogical Society has approved the expenditure of $500.00 as seed
money for the formation of a consortium of southwestern Virginia
organizations to promote the history of the Roanoke region, advising
that within southwestern Virginia there are over a 100 groups dedicated
to preserving and teaching this heritage and each is diligently pursuing
its purpose. He stated that a consortium will allow the appropriate
persons to confer with each other and to pool efforts through mutual
promotion; the consortium will also provide a venue through which
local government and other civic organizations may encourage
historical tourism, provide a large base of activism and volunteers to
develop a full calender of events and destinations within the region to
entice further tourism and interest in Roanoke's history; and by
publicizing these events and sites in the dozens of publications
distributed by these organizations, efforts to promote the awareness of
southwestern Virginia and its history will be synergized.
(For full text, see communication on file in the City Clerk's Office.)
TOYS FOR TOTS: The Mayor advised that the Second Annual
Toys for Tots Baseball Game was held on Friday, September 10, 1999,
at Wasena Park, sponsored by the U. S. Marine Corp and Naval
Reserve. He stated that this year, Roanoke City employees won the
384
competition and recognized the contributions of City employees who
donated toys for the Toys for Tots Program, along with Members of
Council and Council-Appointed Officers.
PROCLAMATIONS: The Mayor issued a Proclamation declaring
Tuesday, December 14, 1999, as George Washington Day.
(For full text, see Proclamation on file in the City Clerk's Office.)
DOWNTOWN ROANOKE, INCORPORATED-SPECIAL EVENTS:
Matthew R. Kennell, Executive Director, Downtown Roanoke, Inc.,
presented an update on the Roanoke City Victorian Christmas Parade
scheduled for Friday, December 10, 1999, and expressed appreciation
to the City of Roanoke for making the first night of Dickens of a
Christmas a success. He advised that Downtown Roanoke, Inc.,
recruited participants from schools, churches, community groups,
businesses, and invited other public participation in the parade, such
as a wheel brass band, broad local participation ranging from cub
scouts to The Salvation Army to the William Fleming High School and
the Patrick Henry High School bands, and the Lord Botetourt and
Christiansburg Middle School Bands,*among others. He explained that
parade participants have been asked to dress in period clothing and to
use authentic materials that reflect the era; 43 entries are included in
the parade which will begin at 6:00 p.m., at the intersection of
Albemarle Avenue and Jefferson Street, proceed to Campbell Avenue
and end at the review stand on the City Market Square where six
awards will be presented to parade participants.
PUBLIC HEARING
COUNCIL: Pursuant to action taken by Council at its meeting on
Monday, November 1, 1999, the City Clerk having advertised a public
hearing for Monday, December 6, 1999, at 2:00 p.m., or as soon
thereafter as the matter may be heard,' on the issue of whether City
Council should increase the salaries of the Mayor and Council
Members for the fiscal year beginning July 1, 2000, the matter was
before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Monday, November 8, 1999, and Monday,
November 29, 1999.
(See publisher's affidavit on file in the City Clerk's Office.)
385
Mr. Bob Caudle, 4231 Belford Street, S. W., appeared before
Council in support of a pay increase for the Mayor and Members of
Council and advised that all City staffshould be properly compensated
for their efforts. He stated that Council Members did not run for office
with idea of making money and he appreciates the sacrifice of Council
Members on behalf of the citizens of the City of Roanoke. He advised
that having resided in numerous cities over the years, Roanoke is by far
the best and Council Members and City staff should be appropriately
compensated; some persons have suggested that the positions of
Mayor and Council Members should be professional, full time jobs,
however, he spoke against the suggestion because it would defeat the
purpose of volunteer service on City Council. He commended the City
of Roanoke on having a diversified Council, and advised that a solution
to the problem may be to appoint a committee to periodically review the
pay structure for the Mayor and Council so that Council will not be
placed in a position of recommending and voting on pay increases for
itself and he offered his volunteer service as a member of the
committee.
There being no further speakers, the public hearing was
concluded.
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
consult with legal counsel on a matter of actual litigation; to discuss or
consider the acquisition or real property for public purpose or
disposition of publicly held real property where discussion in an open
meeting would adversely affect the bargaining position or negotiating
strategy of the public body; and to discuss personnel matters with
regard to vacancies on various authorities, boards, commissions and
committees appointed by the Council.
MINUTES: Minutes of the regular meetings of Council held on
Tuesday, September 7, 1999, and Monday, September 20, 1999, were
before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
386
ACTION:
ACTION:
ACTION:
Mr. White moved that the reading of the Minutes be dispensed
with and that the Minutes be approved as recorded. The motion was
seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ........................................................... 7.
NAYS: None ...................................................................... 0.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers 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. White 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. Swain and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ..................................................................... 0.
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 actual 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. White 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. Swain
and adopted by the following vote:
ACTION:
387
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
PURCHASE/SALE OF PROPERTY-CITY MANAGER-COUNCIL: A
report of the Acting City Manager requesting that Council convene in
a Closed Meeting to discuss or consider a matter regarding acquisition
of real property for public purpose or disposition of publicly held real
property where discussion in an open meeting would adversely affect
the bargaining position or negotiating strategy of the public body,
pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended,
was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Acting
City Manager to convene in a Closed Meeting to discuss or consider a
matter regarding the acquisition of real property for public purpose or
disposition of publicly held real property where discussion in an open
meeting would adversely affect the bargaining position or negotiating
strategy of the public body, pursuant to Section 2.1-344 (A)(3), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Swain
and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ..................... : ........................................ 7.
NAYS: None ....................................................................... 0.
SCHOOLS: A report of the Acting City Manager in response to a
request of Council Member Swain at the regular Council meeting held
on Wednesday, October 20, 1999, for information regarding the impact
of the City's fitness centers on business in the private sector, was
before Council.
The Acting City Manager advised that seven area businesses
were contacted to discuss their membership and to inquire as to what
type of impact the City's fitness centers would have on their current
operation; with regard to the issue of price, the City charges
$15.00/month for City residents and $22/month for non-residents and
private businesses all share an initiation fee and a monthly fee; on the
issue of direct competition, six of the seven businesses did not believe
that the City fitness centers would have an impact on their
memberships; however, the YMCA Family Center, located on Orange
388
ACTION:
Avenue, stated that the new Addison Fitness Center would be in direct
competition for memberships, although YMCA staff expressed the
opinion that the area should be able to support both centers.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................ 7.
NAYS: None ...................................................................... 0.
ELECTIONS: A communication from Gilbert E. Butler, Jr.,
Secretary, Roanoke City Electoral Board, transmitting the following
certified copy of the Abstract of Votes cast in the General and Special
Election held in the City of Roanoke on Tuesday, November 2, 1999,
was before Council.
"ABSTRACT OF VOTES
cast in the City of Roanoke, Virginia,
at the November 2, 1999 General Election, for:
MEMBER
SENATE OF VIRGINIA
21st District
NAMES OF CANDIDATES AS ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
John S. Edwards 12,668
William H. Fralin 7,043
Total Write-In Votes (See Write-Ins Certification)5
We, the undersigned Electoral Board, upon examination of the official
records deposited with the Clerk of the Circuit Court of the election
held on November 2, 1999, do hereby certify that the above is a true and
correct Abstract of Votes cast at said election for Member of the House
of Representatives in the Congress of the United States.
Given under our hands this 3rd day of November, 1999.
A copy teste:
[ELECTORAL
BOARD
SEAL]
Carl T. Tinsley, Chairman
Frances V. Garland, Vice Chairman
Gilbert E. Butler, Jr., Secretary
Gilbert E. Butler, Jr., Secretary, Electoral Board
389
WRITE-INS CERTIFICATION
Roanoke City
Member Senate of Virginia
21st District
Write-Ins
General Special Election
November 2, 1999
Total Votes
Received
(in figures)
Invalid Write-Ins
Valid Write-Ins (List in alphabetical order)
5
We, the undersigned Electoral Board, upon examination of the official
records deposited with the Clerk of the Circuit Court of the election
held on November 2, 1999, do hereby certify that, with the continuation
pages indicated, the above is a true and correct certification of the
write-in votes cast at said election for the office indicated above.
Given under our hands this 3rd day of November, 1999.
A copy teste:
[Electoral
Board
Seal]
Carl T. Tinsley, Chairman
Frances V. Garland, Vice Chairman
Gilbert E. Butler, Jr., Secretary
Gilbert E. Butler, Jr., Secretary, Electoral Board
"ABSTRACT OF VOTES
cast in the City of Roanoke, Virginia,
at the November 2, 1999 General Election, for:
390
MEMBER
HOUSE OF DELEGATES
16th District
NAMES OF CANDIDATES AS ON BALLOT,
TOTAL VOTES
RECEIVED
(IN FIGURES)
Clifton A. "Chip" Woodrum 9,233
Alexi R. Sadjadi 1,429
Total Write-In Votes (See Write-Ins Certification)0
We, the undersigned Electoral Board, upon examination of the official
records deposited with the Clerk of the Circuit Court of the election
held on November 2, 1999, do hereby certify that the above is a true and
correct Abstract of Votes cast at said election for Member of the House
of Representatives in the Congress of the United States.
Given under our hands this 3rd day of November, 1999.
A copy teste:
[ELECTORAL
BOARD
SEAL]
Carl T. Tinsley, Chairman
Frances V. Garland, Vice Chairman
Gilbert E. Butler, Jr., Secretary
Gilbert E. Butler, Jr., Secretary, Electoral Board
"ABSTRACT OF VOTES
cast in the City of Roanoke, Virginia,
at the November 2, 1999 General Election, for:
MEMBER
HOUSE OF DELEGATES
17th District
NAMES OF CANDIDATES AS ON BALLOT
TOTAL VOTES
RECEIVED
(IN FIGURES)
A. Victor "Vic" Thomas
Total Write.In Votes (See Write-Ins Certification)
7,255
3
391
We, the undersigned Electoral Board, upon examination of the official
records deposited with the Clerk of the Circuit Court of the election
held on November 2, 1999, do hereby certify that the above is a true and
correct Abstract of Votes cast at said election for Member of the House
of Representatives in the Congress of the United States.
Given under our hands this 3rd day of November, 1999.
A copy teste:
[ELECTORAL
BOARD
SEAL]
Carl T. Tinsley, Chairman
Frances V. Garland, Vice Chairman
Gilbert E. Butler, Jr., Secretary
Gilbert E. Butler, Jr., Secretary, Electoral Board
WRITE-INS CERTIFICATION
Roanoke City
Member House of Delegates
17th District
General Special Election
November 2, 1999
Total Votes
Received
(in figures)
Write-Ins
Invalid Write-Ins
Valid Write-Ins (List in alphabetical order)
Robert Robertson
Clifton A. "Chip" Woodrum
We, the undersigned Electoral Board, upon examination of the official
records deposited with the Clerk of the Circuit Court of the election
held on November 2, 1999, do hereby certify that, with the continuation
pages indicated, the above is a true and correct certification of the
write-in votes cast at said election for the office indicated above.
Given under our hands this 3rd day of November, 1999.
392
ACTION:
ACTION:
A copy teste:
[Electoral
Board
Seal]
Carl T. Tinsley, Chairman
Frances V. Garland, Vice Chairman
Gilbert E. Butler, Jr., Secretary
Gilbert E. Butler, Jr., Secretary, Electoral Board
Mr. White moved that the communication and Abstract of Votes
be received and filed. The motion was seconded by Mr. Swain and
adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ........................................................... -7.
NAYS: None ........................................................................ 0.
COMMITTEES-ZONING: A communication from Robert Copty
tendering his resignation as a member of the Board of Zoning Appeals,
effective December 31, 1999, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the communication be received and filed
and that the resignation be accepted. The motion was seconded by
Mr. Swain and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ...................................................................... 0.
CULTURAL SERVICES COMMITTEE-INDUSTRIES-OATHS OF
OFFICE-COMMITTEES: The following reports of qualification were
before Council:
Thelma R. Holland as a member of the Cultural Services
Committee for a term ending June 30, 2000; and
Lynn D. Avis as a Director of the Industrial Development
Authority of the City of Roanoke for a term ending
October 20, 2003.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
ACTION:
393
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
SCHOOLS: Dr. E. Wayne Harris, Superintendent, Roanoke City
Public Schools, presented a briefing with regard to the "Even Start
Program", a family literacy program. He called attention to the
importance of young people beginning their education with a strong
skill and knowledge foundation as they build the future structure of
their education. He advised that it is critical that students be ready for
kindergarten and the single most influential and viable factor in
determining whether or not students are ready for kindergarten is their
participation in a pre-school program; however, not all families in
Roanoke City can afford pre-school.
Dr. Harris introduced Dr. Delores Johns, Director, Title I, Roanoke
City Public Schools; Anita Lee, Director of Resident Development,
Roanoke Redevelopment and Housing Authority; David Baldwin,
Director of Resident Services, Roanoke Redevelopment and Housing
Authority; and Marianne Gibson, Coordinator, "Even Start Program" all
of whom made it possible for Roanoke City to receive the competitive
grant that will allow the school system to participate in the "Even Start
Program. He explained that "Even Start" is an unique family literacy
program which is an innovative collaboration between Roanoke City
Public Schools, the Title I Program, and the Roanoke Redevelopment
and Housing Authority; and funding was secured through a highly
competitive grant process from the United States Department of
Education. He stated thatthe partnership is designed to integrate early
childhood education with adult education through three major
strategies: (1) adult literacy training through GED instruction; (2) pre-
school education for three, four and five year old children to prepare
them for kindergarten; and (3) parent education instruction for
instructional carry over at home. Dr. Harris explained that the Roanoke
City Public Schools provide staff for the program under the direction of
Dr. Johns and Ms. Gibson which includes a parent educator, a GED
instructor/counselor and a pre-school teacher, and the Roanoke
Redevelopment and Housing Authority provides a two classroom
modular unit located at the Lincoln Terrace Housing community, along
with transportation for families who live in public housing and wish to
participate in the program. He stated that there is a day care
component for children under age three which is provided in order to
remove any potential barriers that would prevent a parent from
participating. He explained that hours of operation are from 9:00 a.m.,
until 2:00 p.m., with home visits by the counselor which provide an
important link between the home and the school site. He called
attention to three criteria in order for a family to be eligible to
participate in the program: (1) the family must reside in an attendance
area that includes one of the eight public housing communities; (2) the
family must have a child who is three, four or five years of age; and (3)
the family must have an interest in and a need for basic adult
education.
In summary, Dr. Harris presented a four minute video
highlighting the program.
Dr. Harris announced that six Roanoke City teachers recently
passed a rigorous certification program and advised that Roanoke City
is second only to Fairfax County in terms of the total number of
teachers who have successfully completed the program. He explained
that passage of the program is a significant achievement, especially
when one considers that Fairfax County has 13,000 teachers compared
to Roanoke City's 1,100 and yet Roanoke City has the second largest
number of teachers to pass the certification program; whereupon, he
commended their achievements.
Mr. White suggested that the teachers be recognized at a future
City Council meeting.
Without objection by Council, the Mayor advised that the briefing
by the Superintendent of Schools on the "Even Start Program" would
be received and filed.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
395
SIDEWALK, CURB AND GUTTER: The Acting City Manager
submitted a briefing advising that at Council's meeting on
September 20, 1999, Councilman William White requested a report on
the status of curb, gutter and sidewalk efforts; and he was interested
specifically in work that had been completed versus work that had been
planned, as well as work that remains to be done.
The Acting City Manager called attention to a summary of two
construction contracts for new concrete curbs and sidewalks (Phase
III and Phase IV) as provided in Attachments A and B to the report; a
total of over $1 million for these two contracts will result in 43,000
square feet of new sidewalk and 29,000 linear feet of new curb over a
two year period; a "project sign" that includes project funding
information will be installed at certain work sites; curb and sidewalk
maintenance is a function of the City's Streets and Traffic Department,
which has budgeted $437,797.00 for curb and sidewalk repair in fiscal
year 1999-2000; through the end of October, $109,340.00 has been
expended for this purpose, which has resulted in the repair of 47,568
square feet of sidewalk and 865 feet of curb; and supplementing the
efforts of City crews is the recent creation of a crew from the Sheriff's
inmate work program.
It was noted that the 1999 street paving program is 92 per cent
complete; all streets listed in this year's program are complete with the
exception of paving on Salem Avenue and Campbell Avenue which
should net be paved until downtown traffic patterns are changed to
two-way travel in the latter part of the year 2000.
(For full text, see report on file in the City Clerk's Office.)
Council Member Swain called attention to the need for
sidewalk/curb on Cove Road from Lafayette Boulevard to Hershberger
Road, N. W., and referred to previous correspondence which rated the
project at approximately 150 on the City's list of sidewalk/curb projects.
He inquired as to the criteria for rating sidewalk/curb projects, who is
the responsible party for project rating, and why was that portion of
Cove Road from Lafayette Boulevard to Hershberger Road rated
approximately 150 on the priority list.
ACTION:
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
SNOW REMOVAL: The Acting City Manager introduced a briefing
on snow removal efforts by the City.
396
Robert K. Bentgson, Acting Director of Public Works, presented
an update on the City's preparations in regard to snow and ice removal.
He advised that preparation for winter storms is a yearly process and
planning for snow and ice removal begins each year during fiscal year
budget preparations. He stated that at the end of each year's snow
and ice season, equipment is checked for defects and needed repairs,
repair parts are ordered, equipment repairs are scheduled and as new
equipment arrives, it is made ready for use in the upcoming winter
season. He stated that major preparation begins in October by
installing all snow and ice equipment to insure operational quality in
November, drivers are assigned to equipment, and provided with
instructions as to duties and responsibilities, along with a laminated
route map for their assigned snow and ice removal area. He added
that with all equipment in place, drivers operate their vehicles in test
runs on their assigned routes, allowing them to check for any unusual
or changing conditions on the roadways for which they are
responsible.
Mr. Bengtson advised that the snow and ice removal program
divides the City into 16 areas, each with its own assignment of
employees and equipment to assure equal service throughout the City;
and overall responsibility for snow and ice removal is under the
leadership of William Stuart, Manager of Streets and Traffic. He
explained that Streets and Traffic employees cover the north side of the
City, and Grounds Maintenance employees are assigned to routes on
the south side of the City, with snow and ice events staffed in 12 hour
shifts. He added that City streets are cleared in the following four
priorities based upon their importance in the overall traffic scheme: (1)
major thoroughfares and known trouble spots consisting of some
bridges or routes with sharp curves or steep slopes, (2) Valley Metro
bus routes, (3) school routes, and (4) all remaining neighborhood
streets. In regard to neighborhood streets, he stated that residents
who use off street vehicle parking would greatly assist the City's snow
removal efforts by not parking along the streets if possible. He added
that the downtown area provides unique problems because there is
little available space to pile up snow, therefore, City crews attempt to
melt as much of the snow as possible with chemicals and calcium
chloride; and due to traffic in downtown during medium to large snows,
City crews push the snow toward curbs which can at times be done
only at night when most vehicles are out of the downtown area. He
stated that if there is a large accumulation of snow, it must be hauled
away from the downtown area which is costly and time consuming, but
must be done because .large amounts of snow in downtown are
disruptive to businesses, government services, pedestrians and
vehicular traffic. He advised that City crews with shovels, snow
blowers and tractors are assigned to remove snow and ice from public
sidewalks, steps, buildings, plazas and other public areas which is
397
labor intensive work and takes many hours to complete; and City wide
snow removal is a team effort because numerous departments that are
essential to successful snow and ice removal operations.
Mr. Bengtson stated that the City began this season with a total
of 2500 tons of salt in its two salt domes and an additional 1000 tons is
on order for delivery this winter. He explained that the City now has
two salt domes, one of which was constructed this year at a cost of
$131,000.00 which gives the City the capacity to store a total of 4,400
tons of salt on site at the PubliC Works Service Center. He added that
the City has 7500 gallons of liquid calcium chloride in stock and
sufficient funds to purchase more as needed, which is applied to some
streets to help lower the freezing point on the pavement so that snow
and ice are less likely to bond to the surface of the road and is mixed
with salt to enhance its effectiveness in melting snow.
Mr. Bengtson noted that during the past few years, the City has
funded a good program of replacing old equipment and adding new
equipment and techniques to its snow and ice fighting capabilities, and
one of the City's goals is to have every dump truck that is involved in
snow and ice removal equipped with not only a snow plow but also a
spreader. He emphasized that the City is aware of environmental
issues and will be as conservative as possible in situations involving
salt and other chemicals. He presented copy of the new snow removal
guide that was developed as a source of information for citizens which
describes the snow removal program, provides driving tips and other
information that will be helpful which will be made available to citizens
through various City offices, libraries, recreation centers and fire
stations.
Council Member Hudson requested that the City investigate the
feasibility of engaging the services of private contractors for snow and
ice removal on an as needed basis.
There was discussion with regard to City Code requirements for
clearing sidewalks of snow and ice in front of private residences, and
providing information to citizens on the City Page of The Roanoke
Times, along with tips for driving in snow and ice, and the need for
awareness of the environmental impact of using salt/chemicals in the
City's snow removal efforts.
There being no further discussion and without objection by
Council, the Mayor advised that the briefing would be received and
filed. ~
398
CITY EMPLOYEES-AFFIRMATIVE ACTION: The Acting City
Manager submitted a written report advising that the Affirmative Action
Plan provides for periodic briefing to Council on the status of equal and
affirmative action employment opportunities in City government; and
in addition, the report includes the City's efforts in the area of diversity.
It was further advised that Affirmative Action, EEO and diversity
activities participated in from April 1999 through October 1999 include
diversity in the Workforce Team; Newman Avenue Associates of
Harrisonburg, Virginia, was selected by the Diversity in the Workforce
Team to conduct diversity training for City employees; City-wide
diversity training began in November 1998 with approximately 300 City
employees receiving this day-long training; the Police Department and
the Sheriff's Department offer separate diversity training as a part of
their basic academies and ongoing in-service training programs; the
initial phase of the Employee Development Program will begin in
January 2000 by hiring a consultant to design the program; and the
intent of this program is to build skills of existing employees to prepare
them for internal job opportunities; a Community Resource Specialist
was hired by the Police Department; and Fire/EMS Chief Grigsby
created an ongoing communication system for female employees to
address gender issues.
It was explained that Dr. Benjamin Dixon, Vice-President of
Multicultural Affairs at Virginia Tech, is now a resource in the area of
diversity; the Supply Management Department verified businesses that
qualify as either a Minority Business Enterprise (MBE) or a Woman
Business Enterprise (WBE); Personnel Management Internship
Program has continued to pay dividends; and two interns from last
year's program have been hired, with new hires from this program
totaling 15 minorities and women within the past four years; the
Summer Youth Program hired 32 interns in its quest to provide
meaningful work skills to the City's youth; the Mayor's Committee for
Persons with Disabilities - Personnel Management staff continues to
serve and participate on committees to ensure that provisions of the
Americans With Disabilities Act (ADA) are followed; the ADA transition
plan, written in t992, is being evaluated for compliance; and interviewer
training is being revamped to ensure that supervisors participating in
interviews are aware of permissible and impermissible questions to
ask, particularly in the area of disabilities; Sexual Harassment Training;
the City participated in the 13th Annual Ministerial Luncheon; the
Roanoke City School Board Business and Technical Education Council
is served by Personnel Management staff; conducted Military Base
recruitment, College and University recruitment, and Local recruitment;
Fire/EMS assigns a recruiting officer and a recruiting team to target
399
women and minorities in an effort to increase their numbers in the
employee candidate pool; weekly jobs available lists are provided to
Minority Churches/Fraternities and Sororities; and the CityWeb site has
provided an improved method to recruit applicants.
It was advised that the City Workforce Analysis indicates that the
percentage of minority and women employees, when compared to the
total workforce composition, increased between January 1, 1997 and
October 1, 1999; black males, as a percentage of the work force,
increased in the categories of Officials/Managers, Para-professionals
and Skilled Crafts; black females, as a percentage of the workforce,
increased in the categories of Officials/Managers, Professionals,
Protective Service, Paraprofessional and Clerical; white females, as a
percentage of the workforce, increased in the categories of
Officials/Managers, Protective Service and Paraprofessional; white
males, as a percentage of the workforce, increased in the categories of
Professionals and Service/Maintenance; and other males and females,
which include American Indian, Asian, Alaskan Native, Pacific Islander
and Hispanic, increased slightly or remained the same in all categories
where represented.
It was further advised that total numbers indicate an increase
City wide in the number of black females, other males and other
females, even though total employment decreased from 1,985 to 1,925
during the period January 1, 1997 to October 1, 1999; available
workforce data indicates that in most categories the City has continued
to maintain a total workforce composition of minorities that equals or
exceeds the percentage available in the labor market; some key new
hires and promotions during this time frame include an Assistant City
Attorney (BM), Economic Development Specialist (BF), Chief of
Planning and Community Development (WF), Deputy Director of Real
Estate Valuation (WF), Manager of Accounting Services (WF), Manager
of Utility Line Services, (BM), Police Chief (BM), Systems Analyst (BF)
and Youth Haven Manager (BF); Council hired a new City Manager,
Darlene Burcham, who will begin her service with the City in January
2000, who will be one of a few female City Managers in Virginia.
It was noted that Iow unemployment in the Roanoke Valley and
the Commonwealth of Virginia has a significant impact on the City's
ability to attract candidates for many jobs; salary range and pay
increases for public safety officers have had a positive impact on
recruiting efforts; new initiatives, in addition to current efforts, include
contracting for outdoor sign advertising and the use of technology to
support increased access to City employment opportunities; evaluating
the concept of a public safety cadet program as outlined in the Mayor's
400
State of the City Address; expanding the diversity program to
incorporate brown bag lunch sessions in order to discuss ongoing
issues; and surveying past diversity training program participants to
receive their reaction to diversity training and to receive their input
regarding future possibilities.
In conclusion, the Acting City Manager advised that national
debate continues regarding the fairness and importance of affirmative
action; however, the City of Roanoke has strengthened its support and
funding to a strong, legal, affirmative action program; by combining
past efforts with new initiatives, the City's affirmative action program
will be instrumental in supporting Council's efforts to continue efforts
toward for an inclusive and diverse City government.
(For full text, see report on file in the City Clerk's Office.)
Mr. James Croan, 914 Old Country Club Road, N. W., raised the
following questions:
How many departments employ no African-Americans?
What are the true qualifications of African-American
professional employees? How many African-American
employees are over qualified for the positions they hold?
How many African-American secretaries have four year
college degrees?
How committed is the City to diversity training? Is there
a requirement for all City employees to enroll in diversity
training? Is conflict resolution a part of diversity training?
In regard to Attachment D to the Acting City Manager's
report, City of Roanoke Workforce Analysis, how would
the figures compare if the Roanoke MSA was not used?
Also, in regard to Attachment D, page 2, to the report,
Mr. Croan requested a clarification of "available workforce
percentage".
The Mayor requested that Mr. Croan's questions be referred to
the Acting City Manager for appropriate response, with a copy to
Council.
Without objection by Council, the Mayor advised that the report
would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
401
GREENWAY SYSTEM: The Acting City Manager submitted a
written report advising that the City endorsed the Roanoke Valley
Conceptual Greenways Plan on April 21, 1997, and amended the City's
Comprehensive Plan to include the Greenways Plan (Ordinance No.
33357-042197); several greenway projects are in the process of
development within the City, including planning of the Roanoke River
Greenway which will begin soon, the Lick Run Greenway, the Mill
Mountain Greenway, the Tinker Creek Greenway, and the Railside
Linear Walk is under construction; and the Greater Raleigh Court Civic
League is planning a greenway using a grant from City through the
Roanoke Neighborhood Partnership.
It was further advised that the City has no policy guiding the
planning, development, ownership or maintenance of greenways, and
no policy allowing or defining the acquisition of properties or property
rights for greenways; a policy is needed because citizens continue to
request greenway development and because several greenway projects
are in the planning stages; the plan for the Lick Run Greenway includes
several privately-owned properties which are to be conveyed to the City
for the construction of the greenway; the value of these parcels is part
of the local match to Federal funds provided through the Virginia
Department of Transportation's Transportation Enhancements
Program; current property owners of record have agreed to donate the
properties for the project; and a policy is needed to allow the City to
receive the properties to enable the project may proceed; the Railside
Linear Walk is currently under construction; and a policy is needed to
manage long term ownership and maintenance issues.
The Acting City Manager recommended that Council adopt a
proposed Greenway Policy, which sets a working definition of
greenways, establishes general procedures for planning, sets
guidelines for development, provides guidelines for acquisition and
ownership of properties and property rights, and addresses funding for
development, operation, and maintenance of greenways.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#34579-120699) AN ORDINANCE approving and adopting a
Greenway Policy; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 359.)
4O2
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34579-120699.
The motion was seconded by Mr. Swain.
Mark Petersen, 2715 10th Street, N. W., called attention to
telephone calls he received from fellow citizens who reside in his
neighborhood opposing the Lick Run Greenway, because the City is
accepting land that it has not as yet identified funding for greenway
maintenance. He stated that his response to that concern would be
that the City could easily pursue private sector funding at a later date
through either an adopt-a-greenway program or to approach Target or
Wal-Mart with a request to include the Lick Run Greenway in their
environmental grant programs that serve the community. He advised
that greenways make economic sense and the Lick Run Greenway is
the most convincing argument for greenways because it will link the
downtown area with the suburban area near the Valley View Mall
complex, and link neighborhoods so that all persons can enjoy a facility
that will be to the mutual benefit of greenway users and to alternative
transportation boosters alike. He advised of his support of the Acting
City Manager's recommendation regarding a proposed Greenway
Policy.
Ordinance No. 34579-120699 was adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ...................................................................... 0.
HUMAN DEVELOPMENT-TOTAL ACTION AGAINST POVERTY:
The Acting City Manager submitted a written report advising that Total
Action Against Poverty (TAP) has received funding from the City of
Roanoke since 1974; during fiscal year ~ 995-96, Council approved the
reformatting of the Citizens Services Committee into two committees
to review funding requests from cultural and human service agencies;
TAP was requested to submit information to the City's Office of Human
Development to contract for direct service provisions which include
Community Development, Education and Employment, Transitional
Living Center (TLC), Offender Services, Women's Resource Center
(WRC) and Single Room Occupancy (SRO).
The Acting City Manager recommended that he be authorized to
contract with Total Action Against Poverty to provide those services
described in the proposed contract.
(For full text, see report on file in the City Clerk's Office.)
403
Mr. Trout offered the following resolution:
(#34580-120699) A RESOLUTION authorizing the City Manager to
enter into a contract with Total Action Against Poverty (TAP), to provide
certain program services for the City, upon certain terms and
conditions.
ACTION:
(For full text of Resolution, see Resolution Book No. 62, page 360.)
Mr. Trout moved the adoption of Resolution No. 34580-120699.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
Council Member Swain requested statistical data on the
effectiveness of the Child Health Investment Partnership program;
whereupon, a representative of Total Action Against Poverty advised
that a response would be forthcoming.
HEALTH DEPARTMENT: The Acting City Manager submitted a
written report advising that Subsections A and B of Section 32.1-31 of
the Code of Virginia (1950), as amended, provides as follows:
"The governing body of any city may enter into a contract
with the State Board of Health for the operation of the
local health department in such city. Each contract
between a city and the Board shall specify the services to
be provided in addition to the services required by law and
shall contain other provisions as the Board and the
governing body may agree upon."
It was further advised that a local commitment statement was
used in previous years to certify that Council appropriated a given
amount for the support of the Roanoke City Health Department; and the
contract establishes that legal defense with respect to services
performed pursuant to local ordinance, enabling legislation set out in
Title 15.1 of the State Code, and other services set out in the contract
will be provided by the City Attorney.
404
ACTION:
It was explained that a contract between the Commonwealth of
Virginia and the City of Roanoke is necessary for proper billing to
localities for health and environmental services; funding in the amount
of $984,857.00 is needed in order to meet the required local match;
funding in the amount of $979,805.00 was included in the fiscal year
1999-2000 resource allocation plan adopted by Council; an additional
$5,052.00 has been transferred to the Health Department budget in
order to meet the required local match (40.36 per cent of total
cooperative budget); the 1999-2000 Health Department budget is based
on approved funding as follows: State - $1,455,324.00 and Local Match -
$984,857.00; and services to be included in the contract include
Communicable Disease Services, Child Health Services, Maternal
Health Services, Family Planning Services, Environmental Health
Services, Management and Support Services, Dental Health Services,
Specialty Clinic Services, Other Public Health Services including
Medicaid Nursing Home Screening and Public Health Service provided
under local ordinance including Insect Control, Rodent Control,
Swimming Facilities and Grocery Store Delicatessens.
The Acting City Manager recommended that he be authorized to
execute the amendment to the contract, approved as to form by the City
Attorney, with the State Health Department as provided for in the Code
of Virginia.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#34581-120699) A RESOLUTION authorizing the Acting City
Manager, or his designee, or the City Manager, or the City Manager's
designee, to enter into Amendment No. 2 to the contract for services
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. 62, page 361.)
Mr. Hudson moved the adoption of Resolution No. 34581-120699.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
405
BUDGET-GRANTS-FDETC: The Acting City Manager submitted
a written report advising that the Fifth District Employment and Training
Consortium (FDETC) administers the Federally funded Job Training
Partnership Act (JTPA)for the Fifth Planning District; the FDETC serves
eligible residents in the counties of Alleghany, Botetourt, Craig and
Roanoke as well as the cities of Clifton Forge, Covington, Roanoke and
Salem; FDETC serves two primary client populations which include
economically disadvantaged and dislocated workers; the City is the
grant recipient for FDETC funding; and Council must appropriate
funding for all grants and other monies received by the FDETC.
It was further advised that the Governors's Employment and
Training Department (GETD) has sent to the Consortium Notices of
Award for additional monies for programs which include on-the-job
training, work experience, job related education, classroom training,
job placement activities, and remedial education in the following
amounts: Title III-F (Dislocated Workers) - $40,745.00, One Stop Career
Implementation Funds - $5,343.00 and Incentive Award for 1999 -
$26,153.00.
It was explained that the Virginia Employment Commission has
notified the Consortium of an additional allocation of $50,000.00 to
operate a Governor's Regional Project for fiscal year 2000; the State
Department of Social Services has notified the Consortium of the
approval of a grant in the amount of $507,586.00 to operate a Welfare-
to-Work program for fiscal year 2000; Family Services of Roanoke
Valley has entered into an agreement with the Consortium in which the
Consortium has agreed to provide job placement assistance to
approximately 100 referrals from parole officers for Drug Court during
the 12 month period from November 1999 to October 2000; and Family
Services of Roanoke Valley will pay $19,795.00 to the Consortium for
this service.
The Acting City Manager recommended that Council appropriate
the FDETC's funding totaling $649,622.00 and increase the revenue
estimate by $649,622.00, in accounts to be established in the
Consortium Fund by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34582-120699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Consortium Fund Appropriations, and
providing for an emergency.
406
(For full text of Ordinance, see Ordinance Book No. 62, page 361.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34582-120699.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... O.
BUDGET-BRIDGES-DOWNTOWN NORTH: The Acting City
Manager submitted a written report advising that the Consultant Design
Services Contract for the Downtown North Parking Garage and
conversion of First Street Bridge to a pedestrian bridge includes the
area bounded by Wells Avenue, Gainsboro Road, Jefferson Street and
Shenandoah Avenue; and several projects are proposed for the project
area including the Roanoke Higher Education Center to be located in
the former Norfolk and Western General Office Building North,
Shenandoah Crossing (market-rate rental apartments) to be located in
the Norfolk and Western General Office Building South and "The Yard"
at Henry Street, and a commercial development project, which includes
the Crew Suites Office Building and Caboose Convenience Store,
proposed by the Roanoke Neighborhood Development Corporation.
It was further advised that all of the proposed development
require some degree of public parking, with approximately 600 spaces
needed; the intent is to construct a garage with as many spaces as
possible for an overall project cost of $$,000,000.00, with the remainder
being available from surface and on-street parking; the proposed
garage is to be located on property bounded by Shenandoah Avenue,
Centre Avenue, First Street and the rear of General Office Building
South; it is also intended to rehabilitate the existing First Street Bridge
for use as a pedestrian bridge at a project cost of $700,000.00; it is
proposed that the bridge design will be done concurrently with the
proposed parking garage due to their close proximity; and a consultant
is needed to prepare preliminary and final engineering drawings.
It was explained that a request for consultant qualifications
proposals was advertised; proposals were received from six firms; a
consultants selection committee interviewed Hayes, Seay, Mattern and
Mattern, Inc., Marcellus Wright Cox and Smith Architects, Echols-
Sparger Architect, and SMBW Architects; and the selection committee
chose the firm Hayes, Seay, Mattern and Mattern, Inc., as the best
qualified consultant for the proposed work.
ACTION:
407
The Acting City Manager recommended that he be authorized to
execute a contract, in a form to be approved by the City Attorney, with
Hayes, Seay, Mattern and Mattern, Inc., in the amount of $450,000.00, to
provide professional design and engineering services for the
Downtown North Parking Garage, and $110,000.00 for such services for
the First Street Bridge conversion, for a total contract amount of
$560,000.00; funding is available from the sale of Series 1999 bonds for
the First Street Bridge; transfer $110,000.00 to an account to be
established by the Director of Finance entitled "First Street Pedestrian
Bridge"; funding is available from Capital Fund Interest Income for the
Downtown North Parking Garage; and appropriate $500,000.00,
$450,000.00 for Hayes, Seay, Mattern and Mattern, Inc. contract and
$50,000.00 contingency, to an account to be established by the Director
of Finance entitled "Downtown North Parking Garage."
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34583-120699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 364.)
Mr. Trout moved the adoption of Ordinance No. 34583-120699.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
Mr. Trout offered the following resolution'
(#34584-120699) A RESOLUTION authorizing a contract with
Hayes, Seay, Mattern & Mattern, Inc., for the provision of professional
design and engineering services for the Downtown North Parking
Garage and First Street Bridge Conversion Project.
(For full text of Resolution, see Resolution Book No. 62, page 365.)
4O8
ACTION:
ACTION:
ACTION:
Mr. Trout moved the adoption of Resolution No. 34584-120699.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ............................................................ 7.
NAYS: None ....................................................................... 0.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the month of October, 1999.
(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.
AUDITS/FINANCIAL REPORTS-PENSIONS: The Director of
Finance submitted a written report presenting the audited fiscal year
1999 Comprehensive Annual Financial Reports for the City of Roanoke
and the City of Roanoke Pension Plan.
It was advised that the unaudited General Fund Capital
Maintenance and Equipment Replacement Program (CMERP) of
$3,323,410.00 reported at the August 2, 1999 Council meeting is
unchanged; the unaudited School Fund Capital Maintenance and
Equipment Replacement Program (CMERP) of $1,015,462.00 reported
on August 2, 1999 is also unchanged; these balances are available for
future appropriation ordinances to be approved by Council; and the
sound financial condition of the City's governmental, proprietary, and
fiduciary operating funds is attributable to those difficult decisions
which Council makes to allocate the City's limited resources to meet
the needs of the citizens of Roanoke.
(For full text, see report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the report
would be received and filed.
BUDGET-RISK MANAGEMENT FUND: The Director of Finance
submitted a written report advising that Section 2-188.1, Reserve for
self-insured liabilities, Code of the City of Roanoke (1979), as amended,
409
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 appropriations for the concluded fiscal year; and as
such, at June 30, 1999, $250,000.00 was reserved in the General Fund
for self-insured liabilities.
The Director of Finance transmitted a budget ordinance
appropriating the $250,000.00 reserved in the General Fund for self-
insured liabilities to be transferred to the Risk Management Fund where
the remaining self-insurance reserve exists; and advised that the
budget ordinance also establishes a revenue estimate in the Risk
Management Fund for the transfer, thereby increasing the Reserve for
Self-Insured Liabilities.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34585-120699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General and Risk Management Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 366.)
Mr. Trout moved the adoption of Ordinance No. 34585-120699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
CITY CODE-TAXES: The Director of Finance submitted a written
report advising that Section 32-193 of the Code of the City of Roanoke,
1979, as amended, requires local dealers in cigarettes to purchase a
stamp from the City and affix a tax stamp or meter each package of
cigarettes prior to the sale to the consumer of the cigarettes; Section
32-199 of the Code of the City of Roanoke provides for seizure of
cigarettes which are subject to the tax but have no stamps or metered
markings present; once cigarettes have been seized, the City Code
requires that a public auction be held of the forfeited cigarettes; and
Section 58.1-3832(4) of the Code of Virginia, 1950, as amended,
410
ACTION:
provides that cigarettes confiscated for illegal evasion of the cigarette
tax may be disposed of by sale or other method deemed appropriate by
the local taxing authority.
It was further advised that the Commissioner of the Revenue's
Office enforces the cigarette tax by inspecting the premises of retailers
and by confiscating cigarettes subject to the tax which have no stamps
or metered markings; these cigarettes are turned over to the Office of
Billings and Collections to conduct a public auction of forfeited
cigarettes; on the average, eight hours of staff time is required to
prepare and conduct the auction and average revenue from such
auction is $255.00; the City has surveyed a number of localities across
the state and found that most of the localities destroyed the seized
cigarettes rather than selling them to the public at auction; other
localities negotiated to return the cigarettes to the manufacturer to
ensure that the cigarettes did not return to the market place and some
localities enforced penalties; and most localities expressed concern
with selling cigarettes to the general public.
The Director of Finance recommended that Council amend
Section 32-199 of the Code of the City of Roanoke, 1979, as amended,
to provide that confiscated cigarettes be destroyed instead of
auctioned.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency ordinance:
(#34586-120699) AN ORDINANCE amending and reordaining §32-
199, Seizure and Sale of Unstamped Cigarettes, of Article VIII, of
Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as
amended, to provide for the seizure and destruction of unstamped
cigarettes, pursuant to the provisions of the foregoing article, by the
Director of Finance, the Commissioner of Revenue, or the License
Inspector; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 367.)
Mr. Hudson moved the adoption of Ordinance No. 34586-120699.
The motion was seconded by Mr. Trout and adopted by the following
vote:
ACTION:
411
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
REPORTS OF COMMITTEES:
ROANOKE CIVIC CENTER: A report of the Roanoke Civic Center
Commission in connection with catering management services at the
Roanoke Civic Center, was before Council:
The Civic Center commission recommended the following:
Award a contract with Fells Point Catering, Inc., to provide
catering management services to the Roanoke Civic
Center for a period of one year, beginning October 4, 1999
and ending October 3, 2000, with options for the City to
renew for up to an additional two two year periods.
Authorize the Acting City Manager and the City Clerk to
execute and attest, respectively, the necessary
documents, in a form to be approved by the City Attorney.
Reject the other proposal.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#34587-120699) A RESOLUTION accepting the proposal of Fells
Point Catering, Inc., d/bla Hightopps Catering (Fells Point) for providing
catering management services for the Roanoke Civic Center facilities;
authorizing a contract with Fells Point for such catering management
services; and rejecting other proposals made to the City.
(For full text of Resolution, see Resolution Book No. 62, page 369.)
Mr. Harris moved the adoption of Resolution No. 34587-120699.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
412
ACTION:
AIR RIGHTS-WATER RESOURCES-SPECIAL PERMITS: Council
Member Linda F. Wyatt, Chairperson, Water Resources Committee,
presented a written report on behalf of the Committee, with regard to
a revocable license to Avis Construction Company, Inc., for
encroachment of a fire escape on an existing building located at 129
East Campbell Avenue into the airspace over the right-of-way along
Williamson Road.
A staff report advised that the building located at 129 East
Campbell Avenue was constructed around 1910, and is currently owned
by Avis Construction Company, Inc; the previous owner intended to
develop the third floor for residential use and removed the old fire
escape located on the Williamson Road side of the building, which was
not required for residential use; the current owner has developed the
third floor into office space which requires a separate exterior exit
under the fire code; and the fire escape has been replaced in
approximately the same location as it was before under a temporary
revocable permit issued by the Acting City Manager.
It was further advised that the owner has requested a permanent
encroachment permit for a firs escape on the Williamson Road side of
the building; and the fire escape is approximately 19' long and will
extend approximately 5'4" into the airspace above the sidewalk in the
Williamson Road right-of-way.
The Water Resources Committee recommended that Council
authorize a revocable license, in a form acceptable to the City Attorney,
to allow encroachment of a fire escape into the airspace over the right-
of-way for Williamson Road.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt moved that the following ordinance be placed upon its
first reading:
(#34588) AN ORDINANCE granting a revocable license for
encroachment of a fire escape installed on an existing building,
encroaching approximately 5' 4" over and into airspace approximately
10' 6" above the public sidewalk right-of-way along the Williamson
Road side of the building located at 129 East Campbell Avenue, Official
Tax No. 4010911, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 374.)
413
The motion was seconded by Mr. Trout and adopted by the
following vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7o
NAYS: None ....................................................................... 0.
CITY PROPERTY-LEASES-WATER RESOURCES: Council
Member Linda F. Wyatt, Chairperson, Water Resources Committee,
presented a written report on behalf of the Committee, with regard to
extending the lease with Budget Rent-A-Car, Inc., for a one-acre parcel
of property located on Municipal Road, N. W.
A staff report advised that Council, by Ordinance No. 27325,
dated December 3, 1984, authorized execution of a lease for a period of
five years, with provision for an additional five-year extension, of a one-
acre parcel of property to Budget Rent-a-Car of Roanoke, Inc., for
facilities to be used for the maintenance, servicing and storage of
lessees' vehicles; subsequent five-year extensions to the original lease
were authorized by Council in 1989 and in 1994; extensions are based
on a formula in the lease providing for a lease rate often per cent of fair
market value of the land, but less off-site improvement value, and
adjusted for inflation by the Consumer Price Index (CPI).
1989 Rate: ($100,000.00 - $13,840.51) x 10 per cent = $ 8,615.95
1994 Rate: ($115,750.00 - $16,020.39) x 10 per cent = $ 9,972.96
1999 Rate: ($129,813.63 - $17,966.87) x 10 per cent = $11,184.68
Itwas further advised that Budget Rent-a-Car, Inc., has requested
an extension of the current lease; and City staff has negotiated an
extension of the current lease, for a term of five years, for a total lease
fee of $55,923.40; and total value of the previous five year lease was
$49,864.80.
The Water Resources Committee recommended that Council
hold a public hearing and, lacking any comments to the contrary,
authorize execution of an extension to the lease with Budget Rent-a-
Car, Inc., for a term of five years, in a form to be approved by the City
Attorney.
(For full text, see reports on file in the City Clerk's Office.)
414
ACTION:
ACTION:
Ms. Wyatt moved that Council concur in the recommendation to
hold a public hearing on Monday, December 20, 1999, 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. Harris and unanimously
adopted.
LIBRARIES: Council Member Carroll E. Swain, Chairperson, Bid
Committee, presented a written report on behalf of the Committee, in
connection with bids received by the City to replace the chiller and
perform related work at the Roanoke City Main Library; whereupon, he
recommended that Council authorize the Acting City Manager to enter
into a contractual agreementwith Valley Boiler, Inc., in accordance with
contract documents as prepared by Lawrence Perry and Associates,
Inc., in the amount of $86,184.00 and 120 consecutive calendar days,
said contract to be approved as to form by the City Attorney; and that
Council reject all other bids received by the City.
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency ordinance:
(#34589-120699) AN ORDINANCE accepting the bid of Valley
Boiler, Inc., to replace the chiller and perform the related work at the
Roanoke City Main Library, upon certain terms and conditions, and
awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 370.)
Mr. Swain moved the adoption of Ordinance No. 34589-120699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None .................................................................... 0.
ACTION:
415
RAILSIDE LINEAR WALK: Council Member Carroll E. Swain,
Chairperson, Bid Committee, presented a written report on behalf of the
Committee, in connection with bids received by the City for
construction of the Railside Linear Walk/Park - Phase IV Project.
It was advised that construction of the Railside Linear Walk/Park
is proceeding in various phases; Phase I has been completed, Phase
II (Phase lB) and Phase III will be completed during December 1999, and
Phase IV will construct only the plaza area located on the east end of
Warehouse Row; InSystems Technologies is renovating the warehouse
on the east end of Warehouse Row and plans to move into the building
on December 3, 1999; the plaza is being constructed as a separate
phase in order to accommodate insystem's start-up in its new location
by providing Insystems with access to the east side of its building prior
to completion of the final Railside Linear Walk/Park phase; and Phase
V, the elevated walkway, will be advertised for bids pending conclusion
of right-of-way acquisition.
The Bid Committee recommended that Council authorize the
Acting City Manager to enter into a contractual agreement, in a form to
be approved by the City Attorney, with U. S. Construction Co. of
Roanoke, in the amount of $247,606.00 and 120 consecutive calendar
days, to construct Phase IV of the Railside Linear Walk/Park Project;
and authorize the Director of Finance to transfer $272,366.00 (which
consists of $247,606.00 for the contract amount and $24,760.00 for
contingency) from 1996 Bond Fund Account No. 008-052-9701-9180 to
an account to be established by the Director of Finance for Railside
Linear Walk/Park - Phase IV.
The Acting City Manager submitted a written report concurring
in the recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following emergency budget ordinance:
(#34590-120699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 371.)
Mr. Swain moved the adoption of Ordinance No. 34590-120699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
416
ACTION:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers ........................................................... 7.
NAYS: None ....................................................................... 0.
Mr. Swain offered the following emergency ordinance:
(#34591-120699) AN ORDINANCE accepting the bid of U.S.
Construction Co. of Roanoke for construction of Phase IV of the
Railside Linear Walk/Park, 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. 62, page 372.)
Mr. Swain moved the adoption of Ordinance No. 34591-120699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ...................................................................... -0.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ZONING: Ordinance No. 34578, rezoning two tracts of land lying
in the Norwich area of the City of Roanoke located at 2203 and 2209
Buford Avenue, S. W., identified as Lots 28 and 32, Official Tax Nos.
1421318-1421322, inclusive, from LM, Light Manufacturing District, to
RS-3, Single Family Residential District, pursuant to a petition filed in
the City Clerk's Office on August 31, 1999, having previously been
before the Council for its first reading on Monday, November 15, 1999,
read and adopted on its first reading and laid over, was again before
the body, Mr. Trout offering the following for its second reading and
final adoption:
(#34578-120699) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No.142, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 62, page 358.)
Mr. Trout moved the adoption of Ordinance No. 34578-120699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
417
AYES: Council Members Trout, White, Wyatt, Harris, Hudson,
Swain and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
COUNCIL-PUBLIC WORKS-BUILDINGS: Council Member Hudson
inquired about the status of the structure located at the corner of
Williamson Road and Campbell Avenue, S. W.; whereupon, the Acting
Director of Public Works advised that property owners will install a
fenced in construction area around the site in the near future.
BUSES-DISABLED PERSONS: Council Member Wyatt advised
that it has come to her attention that due to a policy decision, the
CORTRAN and STAR transportation systems are not permitted to cross
jurisdictional lines; therefore, some citizens using the transportation
systems cannot reach their destinations. She requested that the Acting
City Manager investigate the matter to determine if a reciprocal
agreement can be reached allowing the two transportation systems to
cross jurisdictional lines.
Without objection by Council, the Mayor advised that the matter
would be referred to the Acting City Manager for report.
CITY PROPERTY-INDUSTRIES-WATER RESOURCES: Ms. Wyatt
moved that the City Clerk be authorized to advertise a public hearing
for Monday, December 20, 1999, at 7:00 p.m., or as soon thereafter as
the matter may be heard, in the City Council Chamber, in regard to
conveyance of real property on Norfolk Avenue to InSystems
Technologies, Inc. The motion was seconded by Mr. Swain and
unanimously adopted.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
At 5:20 p.m., the Mayor declared the meeting in recess.
418
ACTION:
ACTION:
At 6:55 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance, with the exception of Vice-Mayor Harris.
COUNCIL: With respect to the Closed Meeting just concluded, Mr.
Swain moved that each Member of City Council certify to the best of his
or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Closed Meeting was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Trout, White, Wyatt, Hudson, Swain
and Mayor Bowers ................................................................ -6.
NAYS: None .... 0.
(Vice-Mayor Harris was absent.)
OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The
Mayor advised that the term of office of Lular R. Lucky as a member of
the Advisory Board of Human Development expired on November 30,
1999, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Lular R. Lucky.
There being no further nominations, Ms. Lucky was reappointed
as a member of the Advisory Board of Human Development, for a term
ending November 30, 2003, by the following vote:
FOR MS. LUCKY: Council Members Trout, White, Wyatt, Hudson,
Swain and Mayor Bowers ............................ , .......................... -6.
(Vice-Mayor Harris was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Mayor advised that the terms of office of
Charles W. Hancock and Barbara N. Duerk as members of the Roanoke
Neighborhood Partnership Steering Committee expired on
November 30, 1999, and called for nominations to fill the vacancies.
Mr. Trout placed in nomination the names of Charles W. Hancock
and Barbara N. Duerk.
ACTION:
ACTION:
ACTION:
419
There being no further nominations, Mr. Hancock and Ms. Duerk
were reappointed as members of the Roanoke Neighborhood
Partnership Steering Committee, for terms ending November 30, 2000,
by the following vote:
FOR MR. HANCOCK AND MS. DUERK: Council Members Trout,
White, Wyatt, Hudson, Swain and Mayor Bowers ............................. 6.
?
(Vice-Mayor Harris was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Mayor advised that the terms of office of Shirley M.
Bethel, Alfred T. Dowe, Jr., and Mark A. Harris as members of the
Roanoke Neighborhood Partnership Steering Committee expired on
November 30, 1999, and called for nominations to fill the vacancies.
Mr. Trout placed in nomination the names of Shirley M. Bethel,
Alfred T. Dowe, Jr., and Mark A. Harris.
There being no further nominations, Ms. Bethel, Mr. Dowe, and
Mr. Harris were reappointed as members of the Roanoke Neighborhood
Partnership Steering Committee, for terms ending November 30, 2003,
by the following vote:
FOR MS. BETHEL, MR. DOWE AND MR. HARRIS: Council
Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ....... 6.
(Vice-Mayor Harris was absent.)
OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING
DEPARTMENT: The Mayor advised that the term of office of Ralph K.
Smith as a member of the Property Maintenance Code, Board of
Appeals, expired on November 10, 1999, and called for nominations to
fill the vacancy.
Mr. White placed in nomination the name of Ralph K. Smith.
There being no further nominations, Mr. Smith was reappointed
as a member of the Property Maintenance Code, Board of Appeals, for
a term ending November 10, 2003, by the following vote:
FOR MR. SMITH: Council Members Trout, White, Wyatt, Hudson,
Swain and Mayor Bowers .............................................................. 6.
(Vice-Mayor Harris was absent.)
420
COMMITTEES-DECEASED PERSONS: The Mayor advised that it
was the consensus of Council that the City Attorney be requested to
prepare the proper measure appointing a Blue Ribbon Committee
consisting of the following persons to submit recommendations to
honor the memory of the late Dr. Noel C. Taylor: Elizabeth T. Bowles,
James G. Harvey, II, Bob R. Caudle, Margaret C. Thompson, Alphonso
L. Holland, Sr., Warner N. Dalhouse, The Reverend Dwight O. Steele,
Robert A. Garland, Helen J. Hall, The Reverend E. T. Burton, Delvis O.
McCadden, Wendell H. Butler and David K. Lisk. He further advised that
the 14th member of the Blue Ribbon Committee will be appointed at the
December 20 Council meeting at which time Council will designate a
Chairperson.
There being no further business, the Mayor declared the meeting adjourned
at 7:00 p.m.
ATTEST:
APPROVED
Mary F. Parker
City Clerk Mayor
421
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
ACTION:
December 20, 1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
December 20, 1999, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Mayor David A. Bowers presiding, pursuant to Rule 1,
Reqular Meetinqs, of Section 2-15, Rules of Procedure, Code of the City of Roanoke
(1979), as amended.
PRESENT: Council Members William White, Sr. (arrived during the Closed
Meeting), Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain,
James O. Trout and Mayor David A. Bowers ..................................................... 6.
ABSENT: None ...................................................................................... 0.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; James D.
Grisso, Director of Finance; and Mary F. Parker, City Clerk.
CITY ATTORNEY: 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.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request of the City Attorney to
convene in 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. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout
and Mayor Bowers ......................................................................................... 6.
NAYS: None .......................................................................................... 0.
(Council Member White arrived during the Closed Meeting.)
At 12:17 p.m., the Mayor declared the meeting in recess.
422
ACTION:
At 12:53 p.m., the meeting reconvened in the Council Chamber, with MaYor
Bowers presiding, and all Members of the Council in attendance.
COUNCIL: With respect to the 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 Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Wyatt, Hudson, Swain, Trout
and Mayor Bowers ........................................................................................ 6.
NAYS: None ................................................................................. 0.
(Vice-Mayor Harris was out of the Council Chamber.)
At 12:55 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Monday, December 20, 1999, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council
Members in attendance, Mayor Bowers presiding.
PRESENT: Council Members William White, Sr., Linda F. Wyatt, C. Nelson
Harris, W. Alvin Hudson, Jr., Carroll. E. Swain, James O. Trout and Mayor David A.
Bowers .................................................................................................. 7.
ABSENT: None ............................................................................... 0.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting 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 Vice-Mayor C. Nelson
Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
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PRESENTATIONS:
ACTS OF ACKNOWLEDGEMENT: The Mayor recognized and
commended Dr. Kenneth D. Tuck, President of the American Academy
of Ophthalmology for the year 2000. He presented Dr. Tuck with a
Proclamation declaring Monday, December 20, 1999, as Dr. Kenneth D.
Tuck Day and a Key to the City in appreciation of his contributions to
the field of ophthalmology. He presented Mrs. Tuck with a crystal star
which is symbolic of the Star on Mill Mountain.
ACTS OF ACKNOWLEDGEMENT-CITY MANAGER: Mr. Trout
offered the following resolution recognizing the service of James D.
Ritchie as Acting City Manager from April 9, 1999, through
December 31, 1999:
(#34592-122099) A RESOLUTION recognizing the outstanding
service rendered to the City by James D. Ritchie as Acting City
Manager.
(For full text of Resolution, see Resolution Book No. 62, page 376.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34592-122099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
The Mayor presented Mr. Ritchie with a ceremonial copy of the
above referenced resolution and a Key to the City in recognition of his
service to the City.
ACTS OF ACKNOWLEDGEMENT-WATER RESOURCES: Mr. Trout
offered the following resolution declaring Monday, December 20, 1999,
as Media Day in the City of Roanoke.
(#34593-122099) A RESOLUTION declaring Monday,
December 20, 1999, as Media Day in the City of Roanoke, and
expressing the appreciation of this Council for those businesses and
advertising firms which contributed to the successful Join the Wave to
Save Campaign.
(For full text of Resolution, see Resolution Book No. 62, page 377.)
424
ACTION:
ACTION:
Mr. Trout moved the adoption of Resolution No. 34593-122099.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
PROCLAMATIONS: The Mayor presented a Proclamation
declaring December 31, 1999, as Pause for Peace Day.
(For full text, see Proclamation on file in the City Clerk's Office.)
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to one request for a Closed Meeting to discuss
personnel matters with regard to vacancies on various authorities,
boards, commissions and committees appointed by the Council.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in 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. White 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. Hudson and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
ACTION:
425
MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITTEE:
Minutes of a meeting of the Audit Committee of Roanoke City Council
which was held on Monday, December 6, 1999, were before the body.
The Audit Committee considered the following items:
KPMG June 30, 1999 Reports:
City of Roanoke Letter of Recommendations
on Procedures and Controls
City of Roanoke Report to the Audit
Committee
City of Roanoke Pension Plan Letter to the
Pension Committee
City of Roanoke Independent Accountant's
Report on Applying Agreed-Upon
Procedures
Library Cash Receipts
Grants Compliance
Risk Management Insurance Question
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. White moved that the Minutes be received and filed. The
motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
BUDGET: A report of the Acting City Manager submitting the
following proposed budget study schedule for Council for fiscal year
2000-01, was before the body.
Proposed Budget Study Schedule
For City Council
Fiscal Year 2000-01
Date
Budget Preparation Activities
April 17, 2000
Public presentation of Fiscal Year 2000-01 recommended
budget, and the Consolidated Plan (HUD budget) to City
Council by City Manager.
426
ACTION:
April18,2000
Advertisements of public hearings on recommended budget,
tax rates, and HUD Consolidated Plan appear in newspapers.
May 1,2000
Public hearings on recommended budget, tax rates, and
Consolidated Plan.
** Requires Special Evening (7:00 p.m.) Meeting of Council **
May 3 - 5, 2000
City Council budget work sessions.
May 9,2000
City Council adopts General Fund, Proprietary Fund, and
School Fund budgets, approves an annual appropriation
ordinance, and adopts the HUD Consolidated Plan budget.
** Requires Special Meeting of Council **
The Acting City Manager recommended that Council consider the
proposed budget study schedule and take action at its meeting on
Tuesday, January 4, 2000, to formally approve the schedule, to enable
staff to proceed with the budget preparation process in an expedient
manner.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be received and filed. The
motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
BLUE RIDGE COMMUNITY SERVICES: A communication from
Rodney P. Furr, Chairman, Blue Ridge Community Services Board of
Directors, recommending ratification of the appointment of John M.
Hudgins, Jr., as an at-large member of the Board of Directors to fill the
unexpired term of Rita Gliniecki ending December 31, 2000, was before
Council.
It was explained that the bylaws of the Board of Directors require
that members at-large be recommended by the Board to the five
participating localities and all five local governments must ratify
appointments.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
427
Mr. White moved that Council concur in the recommendation to
appoint John M. Hudgins, Jr., as an at large member of the Board of
Directors of Blue Ridge Community Services to fill the unexpired term
of Rita J. Gliniecki ending December 31, 2000. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
INDUSTRIES-ROANOKE ARTS COMMISSION-OATHS OF OFFICE-
COMMITTEES: The following reports of qualification were before
Council:
ACTION:
Margaret R. Baker as a Director of the Industrial
Development Authority of the City of Roanoke for a term
ending October 20, 2003; and
Anna Wentworth as a member of the Roanoke Arts
Commission for a term ending June 30, 2002.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Hudson and adopted by the
following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ANNUAL REPORTS-COMMITTEES: Christine A. Montgomery,
Chair, Mayors' Committee for People With Disabilities, presented the
Annual Report of the Committee. She advised that meetings are held
on the third Thursday during the months of March, June, September
and December at the High Street Baptist Church. She presented the
following recommendations of the Committee: (1) more parking is
needed for disabled persons, specifically on the Second Street side of
the Municipal Building; (2) October is National Employment of the
428
Disabled Month, and, in conjunction with the City, the Mayors'
Committee would like to recognize an employer and employee of the
year; and (3) appointment of a member of the Mayors' Committee to the
Carvins Cove Advisory Committee and the Parks and Recreation Master
Plan Committee who is familiar with cross disability issues and
regulating the Americans With Disabilities Act.
Ms. Montgomery advised that the Mayors' Committee
recommends that the Roanoke Valley Cable Access Channel - RVTV
Channel 3, provide closed captioning services for the deaf and hearing
impaired; whereupon, she introduced Ms. Betty Thompson, who
provides outreach services under contract with the Virginia Department
of the Deaf and Hard of Hearing, for remarks.
Ms. Thompson requested closed captioning on RVTV-Channel 3
for the hearing impaired and noted that the Federal Communications
Commission has a goal of providing 100 per cent captioning within
seven years. She explained that closed captioning is needed to enable
the deaf and hearing impaired to understand what is going on in their
community, local government and to improve access to the Emergency
Broadcast System in the event of disaster. She advised that
approximately 8.6 per cent of the population is hearing impaired which
includes .1 per cent that is classified as clinically deaf and
approximately 17,000 people in the Roanoke and Salem areas would
benefit from this service.
The Mayor advised that he has been informed by Council Member
Hudson who represents the City of Roanoke on the Roanoke Valley
Regional Cable Television Committee that the issue of closed
captioning for the deaf and hearing impaired will be considered by the
committee at its meeting on Wednesday, January 12, 2000.
There being no further questions or comments by the Members
of Council, the Mayor advised that without objection by Council, the
Annual Report of the Mayors' Committee for Persons With Disabilities
would be received and filed.
WESTERN VIRGINIA LAND TRUST: George E. Kegley, Board
Member, Preservation Alliance of Virginia, which is an umbrella
organization for preservation groups throughout the state with
approximately 160 organizations and the Western Virginia Land Trust,
advised that the Commonwealth of Virginia is running out of open
space (farm and forest land primarily). He explained that the
Commonwealth of Virginia is one of only three states on the eastern
seaboard without significant state funding for land conservation; the
ACTION:
429
State of North Carolina provides at least $60 million per year and the
State of Maryland provides over $70 million annually and other states
such as New Jersey and Florida have committed more than $10 million
per year, compared to $1.7 million in 1999 in the Commonwealth of
Virginia for this purpose. He added that the Preservation Alliance of
Virginia will request the General Assembly to dedicate funds each year
and asked that Council support their request for assistance by the
General Assembly.
Michael Van Ness, Executive Director, Western Virginia Land
Trust, advised that the loss of open space is a growing quality of life
concern as well as an environmental issue. He stated that parks and
playgrounds close to home are essential to the physical and social
well-being of a Iocality's youth and, in addition, trails and greenways
provide daily relief from congestion, and the loss of space gradually
diminishes quality of life and leads to increased congestion, loss of
wildlife habitat and natural scenic beauty. He advised that with
unplanned and rapid development of open space, Virginia is losing its
sense of place and community which is the essence of why many
persons and businesses choose to live in southwest Virginia. He
explained that the Western Virginia Land Trust has been working with
21 other supporting organizations on the Conservation Land Coalition,
spearheaded by the Virginia Chapter of the Nature Conservatory, in an
effort to encourage the Commonwealth of Virginia to allocate $40
million per year in dedicated funding which is greatly needed inasmuch
as there is renewed interest at the Federal level to fully fund the Land
and Water Conversation Fund. He added that the Land and Water
Conservation Fund would provide the Commonwealth of Virginia with
between $20 and $40 million peryear to purchase critical environmental
areas; however, for those Federal funds to be used, they must be
matched dollar for dollar with State funds, therefore, without some
mechanism for State funding, those dollars earmarked for the
Commonwealth of Virginia will not be available and Virginia taxpayers'
money will be used to preserve land in other states.
Mr. Trout moved that the request to adopt a resolution
supporting establishment of a dedicated funding source to carry out
the mission of the Virginia Land Conservation Foundation and calling
upon the Governor and the General Assembly to dedicate a stable and
adequate funding source, beginning in the year 2000, be referred to the
Legislative Committee, the City Manager and the City Attorney for
report to Council. The motion was seconded by Mr. Hudson and
unanimously adopted.
430
ACTION:
ANNUAL REPORTS-BLUE RIDGE COMMUNITY SERVICES:
Anne J. Francis, Member, Blue Ridge Community Services Board of
Directors, appeared before Council and presented the Annual Report
of services provided to the citizens of the City of Roanoke for the fiscal
year ended June 30, 1999.
Ms. Francis advised that for each Roanoke City tax dollar
allocated to Blue Ridge Community Services, the City receives $31.09
worth of services. She explained that the public system which has
addressed the needs of mentally disabled citizens has been in a period
of accelerating transition for several years and the annual performance
contract is reflective of that fact. She added that one dominant theme
of this change directed by the Commonwealth Department of Mental
Health, Mental Retardation and Substance Abuse Services, is to define
those persons who are eligible to receive services funded by State
controlled funds which represent approximately 100 per cent of funds
available to Blue Ridge Community Services, therefor, the bottom line
for local government is that increasingly the State is sending the
message that many troubled persons who have heretofore been eligible
for State funded services, are, as of this time, local problems requiring
local solutions.
On a personal note, Ms. Francis advised that she is the mother
of a 23 year old who suffers from a severe neurological impairment and
because of the services offered by Blue Ridge Community Services, her
daughter is able to live a full and happy life in an apartment with two
roommates/care givers 24 hours a day.
Ms. Francis introduced James Sikema, Executive Director, Blue
Ridge Community Services, who filled the position previously held by
Dr. Fred P. Roessell, retired.
There being no questions or comments by the Members of
Council, without objection by Council, the Mayor advised that the
Annual Report of Blue Ridge Community Services would be received
and filed.
Without objection by Council, the Mayor advised that the remarks
of Ms. Frances would be received and filed.
PETITIONS AND COMMUNICATIONS:
ACTION:
ACTION:
431
ACTS OF ACKNOWLEDGEMENT-DECEASED PERSONS: A
communication from Mrs. Noel C. Taylor expressing appreciation for
the many acts of kindness that were expressed by the citizens of the
Roanoke Valley upon the death of Dr. Noel C. Taylor, was before
Council.
(For full text, see communication on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the
communication would be received and filed.
ZONING: A communication from Maryellen F. Goodlatte, Attorney,
representing Mr. and Mrs. George R. Preas, requesting that a public
hearing be scheduled for 2:00 p.m., on Tuesday, January 4, 2000, to
consider a request to amend certain proffered conditions contained in
Ordinance No. 29028 adopted on March 28, 1988, which conditionally
rezoned property located at 3121 Franklin Road, S. W., to enable
construction to remain on track, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the request and schedule
a public hearing for Tuesday, January 4, 2000, at 2:00 p.m., or as soon
thereafter as the matter may be heard in the City Council Chamber. The
motion was seconded by Mr. Hudson and unanimously adopted.
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation of funds to the following school
accounts, was before Council.
$118,526.00 from the 1999-2000 Capital Maintenance and
Equipment Replacement Fund for the division-wide
replacement of social studies maps and music
instruments, for administrative computer technology, for
equipment replacement in the magnet school programs,
for facility maintenance equipment needs, for the
replacement of office furniture at Addison Middle School,
and for building improvements at Patrick Henry High
School.
$1,900,000.00 for improvements to Preston Park School.
Funding will be provided through a Literary Fund loan.
432
$2,150,000.00 for improvements to Grandin Court School.
Funding will be provided through a Literary Fund loan and
1997 capital bond funds.
$357,947.00 for the Title I Winter program to provide
remedial reading, language arts and mathematics
instruction for students in targeted schools. The
continuing program will be 100 per cent reimbursed by
Federal funds.
$9,000.00 for the Alternative Education program to provide
for the continuation of the Evening Academy, an evening
course for students who are experiencing academic,
behavior, or social difficulties in place of regular academic
setting. The program is funded 100 per cent by fees.
$61,352.00 for the State Truancy Project to provide
support for the Roanoke City attendance effort. The
continuing program is 100 per cent reimbursed by State
funds.
$85,117.00 for the Eisenhower Title II Professional
Development program to provide funds for the
development of innovative match, science and technology
strategies to implement Virginia's Standards of Learning.
The continuing program will be 100 per cent reimbursed
by Federal funds.
$50,981.00 for the 1999-2000 Technology Literacy
Challenge grant to 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. This continuing program is Federally funded.
$50,000.00 for the Blue Ridge Technical Academy to
provide an education training program for eighth grade
students at risk of academic failure and dropping out of
school. The new program will be funded with State funds
through the Fifth Planning District Regional Alliance.
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
433
ACTION:
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34594-122099) AN ORDINANCE.to amend and reordain certain
sections of the 1999-2000 General, School and School Capital Projects
Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 378.)
Mr. Trout moved the adoption of Ordinance No. 34594-122099.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
Council Member Swain requested follow up data on the results
of services provided by the Blue Ridge Technical Academy.
SCHOOLS: A communication from the Roanoke City School
Board requesting approval of a State Literary Fund loan application for
the Roanoke Academy for Mathematics and Science (RAMS), advising
thatthe loan will provide $2.0 million for improvements and renovations
to RAMS to include a new heating and air-conditioning system, window
replacement, new doors, ceilings, light fixtures and floor coverings,
was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34595-122099) A RESOLUTION authorizing the School Board
for the City of Roanoke to expend funds for adding to and improving
the present school building at Roanoke Academy for Mathematics and
Science and declaring the City's intent to borrow to fund or reimburse
such expenditures.
(For full text of Resolution, see Resolution Book No. 62, page 382.)
434
ACTION:
Mr. Trout moved the adoption of Resolution No. 34595-122099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
Mr. Trout offered the following resolution:
(#34596-122099) A RESOLUTION authorizing the School Board
for the City of Roanoke to make application for a loan from the State
Literary Fund for modernizing Roanoke Academy for Mathematics and
Science.
(For full text of Resolution, see Resolution Book No. 62, page 383.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34596-122099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ...................................................................... 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CITY GOVERNMENT: The Acting City Manager presented an oral
status report on the readiness of Roanoke City Government for Y2K,
and advised that since the last report to Council in June, 1999, a
number of additional steps have been completed in the City's Y2K
preparation plans. He explained that all computer system hardware
and software affected by Y2K will have either been replaced or repaired
and tested in a Y2000 environment; planning started over five years
ago, and while some minor glitches are expected, the City does not
expect any major service disruptions due to malfunctions or computer
systems related to Y2K. He stated that the City will continue to take a
pro-active approach, information system staff will begin testing
computer systems immediately after midnight on December 31 and
435
sufficient staff will either be on duty or on emergency call back status
to address any problems that may arise, and all City departments will
be responsible for testing their non-critical business systems on
January 1 and report their operational status to the Emergency
Operations Center. He further stated that all City departments have
reviewed operational systems and equipment for Y2K compliance and
replaced or repaired all necessary equipment; department managers
have prepared contingency plans for continuing operations in the event
of a short term loss of electrical power, electrical generators have been
tested and made available to departments to maintain critical services
in the event of a power outage; and adequate inventory of critical
supplies have been ordered and structured to prevent service
disruptions that could be caused by vendors that may not be Y2K
ready. He explained that a sufficient member of City staffwill either be
on duty or on an immediate callback status in critical service
departments such as Police, Fire/EMS, City Sheriff, and Building
Maintenance to handle any emergency situation that might arise.
Mr. Ritchie pointed out that the City has planned regionally with
other Roanoke Valley governments and community service providers
for a smooth transition into the year 2000; on December 8, 150 staff
persons from Roanoke City, Roanoke County, the Town of Vinton and
the City of Salem met for a day long Y2K planning and preparation
workshop and participants developed response strategies, simulated
emergency events and discussed how they could cooperate in an
emergency situation. He advised that another critical component of the
City's preparation efforts has been communication with citizens and
employees, and a number of steps have been taken; i.e.: (1) in August
a press release was issued to the news media regarding the City's
readiness status; (2) on November 14, 1999, Roanoke City collaborated
with Roanoke County in distributing thousands of copies of the
American Red Cross brochure entitled, "Y2K, What You Should Know"
to all Roanoke Valley households with the Sunday newspaper; (3) a
highly recommended publication by Consumer Reports entitled, "How
To Prepare for Y2K" has been made available to citizens at various City
locations and (4) an informational video on Y2K readiness is continuing
to be broadcast on a regular basis on the government access channel.
He stated that the City has distributed an informational flyer to its
employees that explains the City's preparation efforts and provides tips
on how employees may prepare their own households so that they can
serve the public efficiently and the information was distributed by the
Human Services Department to its clients in December. He added that
information regarding the City's readiness has been posted on the
City's web-site, along with Y2K preparation tips for citizens, each
edition of the City Page of The Roanoke Times has included Y2K
436
planning information, and the same information has been included on
the Respond Service Center software to be shared by call takers with
citizens who request information. He added that briefings have been
held and the Y2K video has been shown to community and
neighborhood groups, including the President's Council of the
Roanoke Neighborhood Partnership and assist organizations such as
Total Action Against Poverty; and the City has offered to assist special
needs businesses such as nursing homes in their Y2K planning
activities.
The Acting City Manager stated that Roanoke City and other
Roanoke Valley governments have done an efficient job in preparing
themselves and the public for the transition and Roanoke City is
prepared to continue the delivery of services to its citizens and to
provide emergency assistance as needed. He added that preparation
efforts of Roanoke City government have been helped greatly by
preparation efforts of the Federal Government, the State Government
and private sector partners including banks, hospitals, and public
utilities in the Roanoke Valley; and as evidenced by recent articles in
The Roanoke Times, it appears that banks, hospitals, public utilities
and school systems are ready for the year end event. He noted that the
news media has been an important player in the community's
preparations and expressed appreciation for their efforts by providing
the public with timely updates on the status of preparation efforts by all
sectors of the community.
Mr. Ritchie advised that City staff will be monitoring any Y2K
event that occurs as the year 2000 roll over begins around the world
which is approximately 7:00 a.m. EST for Roanokers, and any
significant events for relevance locally will be thoroughly researched
and appropriate response measures will be taken. He further advised
that the Emergency Operations Center will be activated early on
December 31 and key City staff will be prepared to respond to any
emergency situation, and the Emergency Operations Center will remain
open and adequate City staff will be on duty as long as necessary to
insure a smooth transition for Roanoke citizens. He stated that
Roanoke City offices will be closed on Monday, January 3, 2000,
instead of Friday, December 31, 1999, which is an added measure to
allow time to correct any unanticipated Y2K problems that may occur
before City offices open on January 3. He added that should the need
arise, public emergency shelters will be open in locations that will be
announced at the time that the need becomes evident on an as needed
basis and public shelters should be used as a last resort by citizens. He
stated that by preparing now, families should be able to remain in their
home during normal disruptions of power which would be similar to a
ACTION:
437
winter storm, and Roanoke Valley Government Public Information
Officers will work jointly to provide consistent and timely information
to the public in the event that any emergency situation arises. He
stated that there are several ways that citizens can help the City as the
new year approaches, viz: it is expected that the 911 systems will be
fully operational, therefore, citizens are urged not to dial 911 unless
assistance is needed in order to prevent a potential over loading of the
system; as an additional precaution, amateur radio operators will be on
call and will be made available atall City fire stations to provide backup
communication capability if needed; and the City is concerned about
those persons who might withdraw large sums of cash from their bank
account as the year end approaches which could invite theft and
robbery.
In summary, the Acting City Manager advised that as long as
citizens remain calm and prepare rationally as they would for a winter
storm event, citizens will survive the situation as they have in other
weather related events in the past. He introduced a seven minute video
which includes a number of tips that citizens may find helpful in their
Y2K preparations.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
DOWNTOWN NORTH-BUDGET-HOUSING/AUTHORITY-RNDC:
The Acting City Manager submitted a written report advising that the
Roanoke Neighborhood Development Corporation (RNDC) is one of the
three major projects comprising the Greater Gainsboro Area Project,
which also includes the Higher Education Center and the Roanoke
Redevelopment and Housing Authority's "Shenandoah Crossing"
Apartments; the City of Roanoke originally entered into an agreement
with RNDC on November 1, 1997, to develop a plan to improve and
redevelop the Henry Street commercial area and residential housing in
the adjoining neighborhoods; RNDC requested a $600,000.00 capital
contribution from the City Manager toward construction of the Crew
Suites office/retail building; RNDC stated that the contribution would
leverage approximately $5 million in bank loan financing needed for
construction of the building; in addition, the City was asked to commit
to a long-term (20 year) lease for 30,000 square feet in the building and
to provide public infrastructure, including parking, in the project area;
438
and Council appointed the Downtown North Task Force (DNTF) at its
May 5, 1999, budget study session to develop recommendations
regarding infrastructure, public financing, timing of projects and related
matters concerning the three major projects.
It was further advised that at its meeting on July 27, 1999, the
Downtown North Task Force agreed that the significant request of
RNDC should be resolved separately from the public infrastructure and
parking needs common to the three major projects; City management
met with RNDC representatives following the July 27th Downtown
North Task Force meeting to attempt to find solutions for RNDC's
specific requests; as a part of discussions, the City learned that
RNDC's capital contribution needs had increased to $750,000.00; and
Council concurred, in concept, with providing RNDC with a "matching"
capital contribution of up to $375,000.00 at its meeting on August 16,
1999, and referred the matter back to the Acting City Manager and
Director of Finance for identification of funding.
It was explained that the City has negotiated terms for providing
the matching capital contribution with RNDC, which includes the
following provisions:
An advance to RNDC of $75,000.00 from the total
$375,000.00 for re-designing Crew Suites, a prerequisite to
obtaining private construction financing.
Certification by the private financial institution that RNDC
has obtained its cash match funds and has met the terms
for receiving the remaining $300,000.00 contribution from
the City.
Use of the Roanoke Redevelopment and Housing
Authority (RRHA) to transfer matching funds, since
statutory requirements preclude direct transfer by the City.
The Acting City Manager recommended that he be authorized to
execute a three-party Agreement among the City, the Roanoke
Redevelopment and Housing Authority and the Roanoke Neighborhood
Development Corporation, to be approved as to form by the City
Attorney; authorize transfer of $25,000.00 from Roanoke Valley
Television Account No. 001-002-7220-3717 to Transfer to Capital
Projects Fund Account No. 001-004-9310-9508; and authorize
appropriation of $375,000.00 to an account in the Capital Projects Fund
to be established by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
439
ACTION:
Ms. Wyatt offered the following emergency budget ordinance:
(#34597-122099) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 384.)
Ms. Wyatt moved the adoption of Ordinance No. 34597-122099.
The motion was seconded by Mr. Trout and adopted by the following
vote:
ACTION:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
Ms. Wyatt offered the following resolution:
(#34598-122099) A RESOLUTION authorizing the execution of a
three-party agreement by and among the City of Roanoke, the Roanoke
Neighborhood Development Corporation and the City of Roanoke
Redevelopment and Housing Authority, for the purpose of the City
providing a matching capital contribution in connection with the
development and redevelopment of certain blighted and unsightly areas
in the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 62, page 385.)
Ms. Wyatt moved the adoption of Resolution No. 34598-122099.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
CITY PROPERTY-HOUSING/AUTHORITY-SUBDIVISIONS-HABITAT
FOR HUMANITY: The Acting City Manager submitted a written report
advising that Council directed the initiation of negotiations to purchase
approximately 6.5 acres of land in Westview Terrace from Habitat for
440
Humanity at its meeting on August 3, 1998, which consists of 25 lots,
24 of which can be built upon; Council authorized acquisition of the
property from Habitat for $352,800.00 on October 7, 1998, pursuant to
Ordinance No. 34031-100798; and Council authorized conveyance of
the property to the highest bidder following a public hearing pursuant
to Resolution No. 34166-020199, adopted February 1, 1999.
It was further advised that 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; conveyance of real property
must be approved by Council; property was advertised and three bids
were opened on July 9, 1999, with the highest bid having been
submitted by Blue Ridge Housing Development Corporation in the
amount of $100,000.00; a public hearing was held on the disposal of the
property on September 20, 1999, at which time Mr. Jim Leonard
inquired as to how much the City had paid for the property and was
advised that the price was approximately $352,000.00; and no person
spoke against conveyance of the property.
It v:as explained that one of the requirements by the City of
bidders is that houses be constructed on all of the 24 buildable lots
within five years, to be recorded as a restrictive covenant that would
run with each of the 24 lots, because it is important that the property be
built out in order for the City to receive increased tax revenue and not
be potentially subject to weeded lot complaints; and conditions as
previously bid required that houses be built on all 24 lots within five
years, and required that this be included in the restrictive covenants
placed on the property; however, no specific method of enforcing this
requirement was specified.
The Acting City Manager recommended that Council authorize
re-advertisement of bids for the property, following revision of
minimum development standards, to include a lien for non-
development within five years.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34599-122099) A RESOLUTION rejecting all bids received by the
City for the purchase of 6.6 acres of City-owned property located in
Westview Terrace.
(For full text of Resolution, see Resolution Book No. 62, page 386.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34599-122099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
SCHOOLS-REFUSE COLLECTION: The Acting City Manager
submitted a written report advising that bulk refuse containers are
located at various City facilities and require collection services to be
performed on a regularly scheduled basis; in a cooperative effort with
the Roanoke Redevelopment and Housing Authority, specifications
were developed and along with Request for Quotations sent to ten
service providers that are currently listed on the City's bid list; the
Roanoke City Schools were invited to participate but could not because
they are currently under an agreement for such services; and bid
specifications reserve the right for the schools to participate in the bid,
should they decide to do so after expiration of their current obligation.
The Acting City Manager recommended that Council award the
bid for Bulk Container Collection Service, for a period of one year with
the option to renew for four additional one year periods, to Waste
Management of Virginia, Inc., Blue Ridge, at a cost of $12.52 per pick
up; and reject all other bids received by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34600-122099) A RESOLUTION authorizing the acceptance of
a bid and execution of a contract with Waste Management of Virginia,
Inc. - Blue Ridge, for the provision of bulk container collection service,
upon certain terms and conditions, and rejecting all other bids
received.
ACTION:
(For full text of Resolution, see Resolution Book No. 62, page 387.)
Mr. Trout moved the adoption of Resolution No. 34600-122099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
442
ACTION:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ........................................................... 7.
NAYS: None ...................................................................... O.
CMERP-EQUIPMENT: The Acting City Manager submitted a
written report recommending fund appropriations from the Capital
Maintenance and Equipment Replacement program and prior year
retained earnings.
The report was withdrawn by the City Manager.
POLICE DEPARTMENT-BUDGET-GRANTS: The Acting City
Manager submitted a written report advising that the State
Transportation Safety Board awards State grants for districts
throughout the Commonwealth of Virginia for enhancement of selective
Driving Under the Influence (DUI) and occupant enforcement efforts;
the Board awarded $12,000.00 to the City of Roanoke during fiscal year
1999-2000 for this purpose under the Driver Awareness Program Grant
No. SC00-78-56678; and in addition, the State Transportation Safety
Board awarded $10,000.00 for "Overtime DUI Enforcement" under Grant
No. AA00-61-56361, pursuant to Section 163(.08).
It was further advised that the State Transportation Safety Board
approved Roanoke's application for grant continuation from October 1,
1999 to September 30, 2000, in the amount of $12,000.00, on October 1,
1999; in addition, a second grant has been awarded, in the amount of
$10,000.00; and with no matching funds, application was made
pursuant to Section 2-124, of the Code of the City of Roanoke (1979), as
amended.
The Acting City Manager recommended that Council appropriate
funds from the State Transportation Safety Board, in the amount of
$12,000.00, for the "Driver/Occupant Safety Awareness and Driving
Under the Influence (DUI) Enforcement" grant, and, in the amount of
$10,000.00 for "Overtime DUI Enforcement" grant, for the period of
October 1, 1999 through September 30, 2000; and that said funds be
appropriated in overtime wages in separate grant 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:
ACTION:
443
(#34601-122099) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 388.)
Mr. Hudson moved the adoption of Ordinance No. 34601-122099.
The motion was seconded by Mr. Trout and adopted by the following
vote:
ACTION:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ...................................................................... 0.
Mr. Hudson offered the following resolution:
(#34602-122099) A RESOLUTION accepting the Driving Under the
Influence Enforcement Grant and the Overtime DUI Enforcement Grant
offer made to the City by the Commonwealth of Virginia's
Transportation Safety Board and authorizing execution of any required
documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 62, page 389.)
Mr. Hudson moved the adoption of Resolution No. 34602-122099.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
YOUTH-POLICE DEPARTMENT-BUDGET-GRANTS: The Acting
City Manager submitted a written report advising that the City's Police
Department, in conjunction with the City's school division and the
Office on Youth, submitted a grant proposal to the U. S. Department of
Justice, under the Office of Community Oriented Policing Services; the
purpose of the grant is to identify, track, and analyze data on youth who
are verbally or physically assaulted by neighbors, family members,
school personnel, classmates, and fellow students; and the grant will
provide the opportunity for the Police Department to collect data in
order to help identify problem areas and to show potential links
between the crime location, victim residency and offender.
444
ACTION:
It was further advised that a grant proposal was submitted, in the
amount of $111,825.00, which does not require a local match; the
Roanoke City Police Department will administer the grant; the City of
Roanoke received the grant award in the amount of $111,825.00; and
formal acceptance of the grant by Council is required in order to obtain
funding.
The Acting City Manager recommended that Council accept
$111,825.00 from the Department of Justice; authorize the Director of
Finance to establish a revenue estimate, in the amount of $111,825.00,
in an account to be established in the Grant Fund; appropriate
$111,825.00 to expenditure accounts; and authorize the Acting City
Manager to execute grant documents from the Department of Justice
on behalf of the City of Roanoke.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34603-122099) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 390.)
Mr. Hudson moved the adoption of Ordinance No. 34603-122099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
Mr. Hudson offered the following resolution:
(#34604-122099) A RESOLUTION accepting the Community
Oriented Policing Services Grant (COPS Grant) offer made to the City
by the Commonwealth of Virginia's Department of Justice and
authorizing execution of any required documentation on behalf of the
City.
(For full text of Resolution, see Resolution Book No. 62, page 392.)
ACTION:
Mr. Hudson moved the adoption of Resolution No. 34604-122099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
445
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
JUVENILE CORRECTIONAL FACILITIES: The Acting City Manager
submitted a written report advising that on May 18, 1998, Council
authorized the creation of and the City's participation in the Roanoke
Valley Detention Commission to allow construction and operation of an
81 bed regional juvenile detention center; the Service Agreement
required the Roanoke Valley Juvenile Detention Center Commission to
purchase real property and personal property prior to commencing
construction on additions to the facility; the closing on the property
took place in February, 1999; although' the Roanoke Valley Juvenile
Detention Commission owns the property, the 21 beds in the existing
facility continue to be used by the City, with few exceptions, and the
City operates the facility; the Roanoke Valley Juvenile Detention
Commission issued a contract for construction and renovation of an
81-bed facility in April 1999; and construction began on May 11, 1999,
on Phase I to construct 58 new beds and construction is on schedule
to be completed in May 2000.
Itwas further advised that the Roanoke Valley Juvenile Detention
Center Commission and the City of Roanoke have developed a
proposed operating agreementsigned by the participating jurisdictions
in the Commission that addresses in more detail the following items:
Management of the Juvenile Detention Center, Building Maintenance
Service, Insurance, Automobiles/vehicles, Surplus Property and
Outreach Detention Program; and items listed in the proposed
agreement will be in effect until the Roanoke Valley Juvenile Detention
Center Commission assumes total responsibility for the juvenile
detention center upon completion and acceptance for occupancy of
Phase I of construction which is projected in June 2000.
The Acting City Manager recommended that he be authorized to
execute the operating agreement in a form to be approved by the City
Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
446
ACTION'
(#34605-122099) A RESOLUTION authorizing execution of an
agreement between the City of Roanoke and Roanoke Valley Detention
Center, providing for operation of the existing detention center until the
new center is placed in service.
(For full text of Resolution, see Resolution Book No. 62, page 393.)
Mr. Hudson moved the adoption of Resolution No. 34605-122099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
CITY ATTORNEY:
PURCHASE/SALE OF PROPERTY-PARKS AND RECREATION-
CITY ATTORNEY: The City Attorney submitted a written report
transmitting a resolution for Council's consideration which will request
the dismissal of the case of City of Roanoke v. Georges Enterprises,
Inc., advising that the case was instituted on October 29, 1999,
pursuant to provisions of Ordinance No. 34293-051799, and authorized
acquisition of certain parcels of land in the City for the proposed
Entranceway Park Project.
The City Attorney further advised that condemnation proceedings
were instituted when the City and the owner of the subject parcels of
land were unable to agree on the consideration to be paid by the City;
and the proposed resolution continues to authorize acquisition of the
property, but only if the property can be acquired voluntarily and for the
consideration previously authorized by Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34606-122099) A RESOLUTION directing the City Attorney to file
a motion requesting the dismissal of the case of City of Roanoke v.
Georges Enterprises, Inc.
(For full text of Resolution, see Resolution Book No. 62, page 393.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34606-122099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
DIRECTOR OF FINANCE:
TRAFFIC-BUDGET-STATE HIGHWAYS-STREETS AND ALLEYS:
The Director of Finance submitted a written report advising that
Ordinance No. 33126-091699, adopted by Council at its regular meeting
held on Monday, September 16, 1996, appropriated funds totaling
$323,850.00 for the Roanoke Electric Steel (RES) Industrial Access
Project (008-002-9659-9007); funding related to an agreement between
the City and the Virginia Department of Transportation (VDOT) whereby
a new road (Steel Drive) would be constructed to alleviate traffic
problems; the industrial access project included a provision that all
Roanoke Electric Steel truck traffic would be prohibited from using
Westside Boulevard by June 20, 1999, and if this requirement could not
be met, the $323,850.00 would then become 100 per cent City expense;
and Ordinance No. 33126-091699 also created a reserve account of
$323,850.00 (008-002-9660-9003) from capital projects fund interest
earnings in the event that Roanoke Electric Steel failed to remove 100
per cent of truck traffic off of Westside Boulevard within this time
frame.
It was further advised that a recent response from VDOT
indicates that it does not plan to recommend reimbursement to the City
because truck traffic has not been completely eliminated. Even though
City staff continues to work with VDOT and Roanoke Electric Steel to
resolve the issue in a more satisfactory manner, the Director of Finance
recommended that Council deappropriate $323,850.00 Commonwealth
of Virginia Industrial Access Funds, Account No. 008-002-9659-9007
RES Industrial Access Project and the related receivable due from the
State; and transfer the reserve amount of $323,850.00 in the RES
Industrial Access Reserve, Account No. 008-002-9660-9003 to the RES
Industrial Access Project, Account No. 008-002-9659-9003.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
448
ACTION:
ACTION:
(#34607-122099) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 394.)
Mr. Trout moved the adoption of Ordinance No. 34607-122099.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ............................................................. -7.
NAYS: None ...................................................................... O.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
WATER RESOURCES-AIR RIGHTS: Ordinance No. 34588,
granting a revocable license to Avis Construction Company to allow
encroachment of a fire escape on an existing building located at 129
East Campbell Avenue into the airspace over the right-of-way along
Williamson Road, having previously been before the Council for its first
reading on Monday, December 6, 1999, read and adopted on its first
reading and laid over, was again before the body, Mr. Trout offering the
following for its second reading and final adoption:
(#34588-122099) AN ORDINANCE granting a revocable license for
encroachment of a fire escape installed on an existing building,
encroaching approximately 5' 4" over and into airspace approximately
10' 6" above the public sidewalk right-of-way along the Williamson
Road side of the building located at 129 East Campbell Avenue, Official
Tax No. 4010911, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 374.)
Mr. Trout moved the adoption of Ordinance No. 34588-122099.
The motion was seconded by Mr. Harris and adopted by the following
vote:
ACTION:
449
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
COMMITTEES-DECEASED PERSONS: Mr. Trout offered the
following resolution appointing the following membership to a Blue
Ribbon Committee to submit recommendations to honor the memory
of the late Dr. Noel C. Taylor: Elizabeth T. Bowles, The Reverend E. T.
Burton, M. Caldwell Butler, Dr. Wendell H. Butler, Bob R. Caudle,
Warner N. Dalhouse, Robert A. Garland, Helen J. Hall, James G. Harvey,
II, Alphonso L. Holland, Sr., Chairperson, David K. Lisk, Delvis O.
McCadden, The Reverend Dwight O. Steele and Margaret C. Thompson:
(#34608-122099) A RESOLUTION appointing a Blue Ribbon
Committee for the purpose of submitting recommendations to City
Council to honor the late Dr. Noel C. Taylor.
(For full text of Resolution, see Resolution Book No. 62, page 396.)
Mr. Trout moved the adoption of Resolution No. 34608-122099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
COUNCIL: Council Member White advised that Council has held
public hearings on Monday, November 15, 1999, and on Monday,
December 6, 1999, on the issue of a salary adjustment for the Mayor
and Members of City Council. He explained that the proposed salary
adjustment is based on the average merit percentage increase provided
to City employees for the years 1997,1998 and 1999, with a fiscal year
2000 estimate of the increase. He stated that the Mayor and Council
Members have not received a salary increase since 1996 and the annual
salaries in the proposed ordinance do not bring the salaries of the
Mayor and the Members of Council to the State allowed maximum.
45O
Mr. White offered the following emergency ordinance
establishing the salaries of the Mayor and Members of Council,
effective July 1, 2000, as follows: $21,000.00 for the Mayor and
$16,000.00 for the Members of Council:
"AN ORDINANCE establishing the annual salaries of the Mayor,
Vice-Mayor and Council Members for the fiscal year beginning July 1,
2000; and providing for an emergency."
Mr. White moved the adoption of the ordinance. The motion was
seconded by Mr. Swain and lost by the following vote:
AYES: Council Members White, Hudson, Swain and
Mayor Bowers ............................................................................ -4.
NAYS: Council Members Wyatt, Harris and Trout- .................. 3.
Inasmuch as emergency ordinances require five affirmative votes
of the Council for adoption, Mr. White moved that the following
ordinance be placed upon its first reading:
"AN ORDINANCE establishing the annual salaries of the Mayor,
Vice-Mayor and Council Members for the fiscal year beginning July 1,
2000.
The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members White, Hudson, Swain and
Mayor Bowers ............................................................................ -4.
NAYS: Council Members Wyatt, Harris and Trout- .................. 3.
TRAFFIC: Council Member Swain inquired if there are City
ordinances, etc., that address the parking of tractor trailer - 18 wheeler
vehicles in residential areas of the City, and if so, he requested that
information be included on the City Page of The Roanoke Times in
order to educate the general public.
CITY EMPLOYEES-TELEPHONE EQUIPMENT: Council Member
Hudson spoke with regard to the number of cellular telephones in use
by City employees and inquired if the City has adopted a procedure for
monitoring the use of cell phones.
451
It was the consensus of Council to refer the matter to the Acting
City Manager for report to Council°
BUSES-DISABLED PERSONS: Council Member Wyatt inquired
about the status of her previous request under date of December 6,
1999, regarding the STAR/CORTRAN transportation systems which do
not cross jurisdictional lines; whereupon, the Acting City Manager
advised that staff is working on the issue and will report to Council as
soon as possible.
HOUSING/AUTHORITY-CONSULTANTS REPORTS-HIGHER
EDUCATION CENTER: Council Member Wyatt requested a report on the
annual cost of the contract with Urban Design Associates for the
Lincoln 2000 Project and the cost of any other consultants associated
with the Lincoln 2000 Project; and the amount of funds paid to Brian
Wishneff Associates for consulting services in connection with the
Roanoke Higher Education Center.
It was the consensus of Council to refer the matter to the Acting
City Manager for report to Council.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
CELEBRATIONS-SPECIAL EVENTS-DISABLED PERSONS: Mr. E.
Duane Howard, 508B Walnut Avenue, S. W., commended the City on the
50th anniversary celebration of the Mill Mountain Star and the
Christmas Tree Lighting Ceremony. For future public celebrations, he
suggested that the City provide reserved seating for persons in
wheelchairs, senior citizens and other persons with non-visible
disabilities.
It was the consensus of Council to refer the matter to the Acting
City Manager and to the Special Events Committee for their information.
COUNCIL-CITY EMPLOYEES-PERSONNEL DEPARTMENT-RNDC-
HENRY STREET REVIVAL COMMITTEE: Mr. George Gunther, P. O. Box
12353, Roanoke, Virginia, addressed the following issues:
A City employee should be available to register persons
who arrive at City Council meetings after 2:00 p.m., and
wish to address Council.
An improved procedure for listing vacant positions in
Roanoke City Governmentwhich would enable any person
to apply for a City job (jobs are removed from the job list
with no explanation.)
452
ACTION:
In connection with Henry Street development, the City has
not recognized any of the original black business owners;
and instead of closing the First Street Bridge, the bridge
should be widened to enable establishment of minority
businesses.
Without objection by Council, the Mayor requested that Item No.
2 be referred to the Acting City Manager for his information and that
Item No. 3 be referred to representatives of the Roanoke Neighborhood
Development Corporation to meet with Mr. Gunther and discuss his
concerns.
PARKS AND RECREATION-ACTS OF ACKNOWLEDGEMENT:
Mr. Charles Price, 3101 Willow Road, N. W., commended the Roanoke
City Department of Parks and Recreation for working with the
Northwest Recreation Club, specifically the sandlot football team, by
allowing the Club to use Victory Stadium for a sandlot football game in
competition with young people from the City of Harrisonburg, Virginia.
The Mayor requested that Mr. Price's remarks be referred to the
Acting City Manager for referral to the Manager of the Department of
Parks and Recreation.
At 4:50 p.m., the Mayor declared the meeting in recess.
At 4:55 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
COUNCIL: With respect to the Closed Meeting just concluded,
Mr. Swain moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Closed Meeting was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Trout abstained from voting.)
ACTION:
ACTION:
ACTION:
453
OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS
COMMISSION: The Mayor advised that there is a vacancy on the
Roanoke Arts Commission, and called for nominations to fill the
vacancy.
Mr. Hudson placed in nomination the name of Mark C. McConnel.
There being no further nominations, Mr. McConnel was
appointed as a member of the Roanoke Arts Commission, for a term
ending June 30, 2001, by the following vote:
FOR MR. MCCONNEL: Council Members White, Wyatt, Harris,
Hudson, Swain, Trout and Mayor Bowers ....................................... 7.
OA[HS OF OFFICE-COMMITTEES-ROANOKE VALLEY
RESOURCE AUTHORITY: The Mayor advised that the term of office of
Bittle W. Porterfield, III, as a member of the Roanoke Valley Resource
Authority expired on December 13, 1999, and called for nominations to
fill the vacancy.
Mr. Hudson placed in nomination the name of Bittle W.
Porterfield, II1.
There being no further nominations, Mr. Porterfield was
reappointed as a member of the Roanoke Valley Resource Authority
Board, for a term ending December 13, 2003, by'the following vote:
FOR MR. PORTERFIELD: Council Members White, Wyatt, Harris,
Hudson, Swain, Trout and Mayor Bowers ....................................... 7.
OATHS OF OFFICE-COMMITTEES-FIFTH PLANNING DISTRICT
COMMISSION: The Mayor advised that the term of office of David K.
Lisk as a member of the Roanoke Valley-Alleghany Regional
Commission will expire on December 31, 1999, and called for
nominations to fill the vacancy.
Mr. Hudson placed in nomination the name of David K. Lisk.
There being no further nominations, Mr. Lisk was reappointed as
a member of the Roanoke Valley-Alleghany Regional Commission, for
a term ending December 31, 2002, by the following vote:
FOR MR. LISK: Council Members White, Wyatt, Harris, Hudson,
Swain, Trout and Mayor Bowers ................................................... 7.
454
ACTION:
ACTION:
(Council Member Trout abstained from voting.)
OATHS OF OFFICE-COMMITTEES-BLUE RIDGE COMMUNITY
SERVICES: The Mayor advised that the term of office of Robert
Williams, Jr., as a member of the Blue Ridge Community Services
Board of Directors will expire on December 31, 1999, and called for
nominations to fill the vacancy.
Mr. Hudson placed in nomination the name of Robert Williams,
Jr.
There being no further nominations, Mr. Williams was
reappointed as a member of the Blue Ridge Community Services Board
of Directors, for a term ending December 31, 2002, by the following
vote:
FOR MR. WILLIAMS: Council Members White, Wyatt, Harris,
Hudson, Swain, Trout and Mayor Bowers ....................................... 7.
OATHS OF OFFICE-COMMITTEES-ZONING: The Mayor advised
that the term of office of Willard G. Light as a member of the Board of
Zoning Appeals will expire on December 31, 1999, and called for
nominations to fill the vacancy.
Mr. Hudson placed in nomination the name of Willard G. Light.
There being no further nominations, Mr. Light was reappointed
as a member of the Board of Zoning Appeals, for a term ending
December 31, 2002, by the following vote:
FOR MR. LIGHT: Council Members White, Wyatt, Harris, Hudson,
Swain, Trout and Mayor Bowers .................................................... 7.
At 5:00 p.m., the Mayor declared the meeting in recess until 7:00
p.m.
On Monday, December 20, 1999, at 7:00 p.m., the Roanoke City
Council reconvened in regular session in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with the following Council Members in attendance, Mayor
Bowers presiding.
455
PRESENT: Council Members William White, Sr., Linda F. Wyatt,
C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout
and Mayor David A. Bowers .......................................................... 7.
ABSENT: None ................................................................... 0.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager;
Diane S. Akers, Acting 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 Mayor
Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
PRESENTATIONS:
MISCELLANEOUS-ACTS OF ACKNOWLEDGEMENT: The Mayor
recognized and commended Dennis R. Cronk, President ofthe National
Association of Realtors for the year 2000. He presented Mr. Cronk with
a Proclamation declaring Monday, December 20, 1999, as Dennis R.
Cronk Day and a Key to the City in appreciation of his contributions to
the field of real estate. He presented Mrs. Cronk with a crystal star
which is symbolic of the Star on Mill Mountain.
HEARING OF CITIZENS: None.
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, December 20, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Radford &
Company that property located at 2154 McVitty Road, S. W., identified
as Official Tax Nos. 5100527, 5100528, 5100534 and 5100535, be
rezoned from RS-l, Residential Single Family District, to C-1, Office
District, subject to certain conditions proffered by the petitioner, the
matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, December 2 and Thursday, December 9,
1999, and in The Roanoke Tribune on Thursday, December 9, 1999.
456
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to construct four office buildings
on the subject properties, was before Council.
The City Planning Commission recommended that Council
approve the request for rezoning, subject to certain conditions
proffered at the Commission's public hearing, and advised that the
proposed development is a reasonable extension of office development
in this area and is perhaps preferable to single family, residential
development; the proffered architectural design is compatible with
development in the residential neighborhood; and the proffered
condition relative to storm water management will address potential
storm water management problems that could arise in the area.
(For full text, see report on file in the City Clerk's Office.)
A communication from the Greater Deyerle Neighborhood
Association (GDNA) requesting a continuation of the request for
rezoning until the January 18, 2000 meeting which will provide the
neighborhood association with an opportunity to review the matterwith
residents in the immediate vicinity affected by the request and provide
Council with meaningful community comments. The Greater Deyerle
Neighborhood Association requested a continuation for the following
reasons:
Significant issues have been identified relating to storm
water management and increased "short-cut through"
traffic on residential streets to Grandin Road and Peters
Creek Road.
The proposed rezoning is not consistent with Roanoke
Vision and GDNA Plans as published .by the City of
Roanoke and promises to the neighborhood relative to
commercial developments in the Greater Deyerle
neighborhood.
The City Planning Commission hearing schedule did not
provide adequate or reasonable time for neighborhood
consideration, evaluation and comment following
notification.
The scheduled City Council meeting during the busy
Christmas holiday period greatly diminishes the GDNA
ability to obtain neighborhood comment and participation
in the process.
The proposed rezoning of residential land for commercial
use within a defined residential neighborhood is a
significant action and deserves full and fair comment from
all parties, which will not be able to occur with the current
schedule.
457
ACTION:
(For full text, see communication on file in the City Clerk's Office.)
A communication from Edward A. Naif, Attorney, representing the
Petitioner, consenting to a continuation of the request for rezoning to
allow citizens an opportunity to address their concerns, was also
before Council.
Mr. Hudson moved that the public hearing be continued until the
regular meeting of Council on Tuesday, January 18, 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. Trout and unanimously
adopted.
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, December 20, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. Jesus
Arellano that property located on the east side of Orange Avenue, N. E.,
approximately 150 feet north of its intersection with Mecca Street, N. E.,
identified as Official Tax No. 7090408~ be rezoned from LM, Light
Manufacturing District, to C-2, General Commercial District, subject to
certain conditions proffered by the petitioner, the matter was before the
body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, December 2 and Thursday, December 9,
1999, and in The Roanoke Tribune on Thursday, December 9, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to allow the development and
construction of a building on the property for use as a commercial
restaurant, was before Council.
458
ACTION:
The City Planning
approve the request for
proffered in the petition.
Commission recommended that Council
rezoning, subject to certain conditions
(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 client.
Mr. White moved that the following ordinance be placed upon its
first reading:
(#34610) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 709, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, subject
to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 62, page 402.)
The motion was seconded by Mr. Trout.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request for rezoning. There being
none, Ordinance No. 34610 was adopted, on its first reading, by the
following vote:
AYES: Council Members White, Harris, Hudson, Swain, Trout
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was out of the Council Chamber.)
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 20, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Kinsey Crane
& Sign Co., Inc., that property located at 401 Albemarle Avenue, S. E.,
identified as Official Tax Nos. 4022201,4022211,4022212 and 4022223,
be rezoned from HM, Heavy Manufacturing District, to LM, Light
Manufacturing District, subject to certain conditions proffered by the
petitioner, the matter was before the body.
459
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, December 2 and Thursday, December 9,
1999, and in The Roanoke Tribune on Thursday, December 9, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to rehabilitate the existing
building for the industrial sign business and to lease approximately
6,000 square feet for general office use, was before Council.
The City Planning Commission recommended that Council
approve the request for rezoning, and advised that there is existing
Light Manufacturing zoning in the area and permitted uses in the
district would be more compatible with the adjacent residential area
than some uses that could be developed in a Heavy Manufacturing
District
(For full text, see report on file in the City Clerk's Office.)
G. Michael Pace, Jr., Attorney, appeared before Council in
support of the request of his client.
ACTION:
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34611) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 402, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, subject
to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 62, page 404.)
The motion was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request. There being none,
Ordinance No. 34611 was adopted, on its first reading, by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
460
TAXES-HARRISON HERITAGE CENTER: Pursuant to action of
Council, the City Clerk having advertised a public hearing for Monday,
December 20, 1999, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of the Harrison Museum of African
American Culture for designation of certain real property located in the
City of Roanoke to be exempted from taxation, the matter was before
the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Sunday, December 12, 1999.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the Acting City Manager advising that the Harrison
Museum of African American Culture is the owner of certain real
property located at Rutherford Avenue, N. W., and 319, 319A, 321 and
323 Jefferson Street (Official Tax Nos. 2121725, 3012802 and 3012803);
the property in question has a real estate assessed value for 1999-2000
of $64,200.00, with annual taxes of $780.02; the Harrison Museum of
African American Culture petitioned Council on October 4, 1999, for
adoption of a measure in support of the organization obtaining tax-
exempt status from the General Assembly on property located in the
City of Roanoke; Council requested information pertaining to the
Museum's market area, a schedule of activities and programs and the
Museum's involvement in family programs that are coordinated with
other valley agencies, which information has been provided in
Attachment A and B of the report.
The Acting City Manager recommended that Council grant the
request cf the Harrison Museum of African American Culture that
Council support of its request to the 2000 General Assembly to be
designated exempt from taxation, pursuant to Article X, Section 6 (a) 6
of the Constitution of Virginia.
Aletha Bolder, Executive Director, Harrison Museum of African-
American Culture, appeared before Council in support of the request.
Mr. Trout offered the following resolution:
(#34612-122099) A RESOLUTION supporting tax exemption of
certain property in the City of Roanoke owned by the Harrison Museum
of African American Culture, and used by it exclusively for charitable
or benevolent purposes on a non-profit basis.
(For full text of Resolution, see Resolution Book No. 62, page 397.)
ACTION:
461
Mr. Trout moved the adoption of Resolution No. 34612-122099.
The motion was seconded by Mro Swain and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
Council Member Swain suggested that programs be considered
by the Harrison Museum in regard to African-Americans in the fields of
space/aviation and science/medicine.
TAXES-LEAGUE OF OLDER AMERICANS: Pursuant to action
taken by Council, the City Clerk having advertised a public hearing for
Monday, December 20, 1999, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the request of The League of Older Americans,
Inc., for designation of certain real property located in the City of
Roanoke to be exempted from taxation, the matter was before the bodyo
Legal advertisement of the public hearing was published in
The Roanoke Times on Sunday, December 12, 1999.
(See publisher's affidavit on file in the City Clerk's Office.)
The Acting City Manager submitted a written report advising that
The League of Older Americans, Inc., (LOA Area Agency on Aging) is
the owner of certain real property located on Campbell Avenue, S. W.,
(Official Tax Nos. 1113203 and 1113204) which was acquired on
August 18, 1999; the property in question has a real estate assessed
value for 1999-2000 of $109,400.00, with annual taxes of $1,329.20; and
the League of Older Americans, Inc., petitioned Council on October 4,
1999, requesting adoption of a measure in support of the organization
obtaining tax-exempt status from the General Assembly on property
located in the City of Roanoke.
The Acting City Manager recommended that Council grant the
request of The League of Older Americans, Inc., for Council support of
its request to the 2000 General Assembly to be designated exempt from
taxation, pursuant to Article X, Section (6) (a) 6 of the Constitution of
Virginia.
(For full text, see report on file in the City Clerk's Office.)
462
ACTION:
Susan Williams, Executive Director, The League of Older
Americans, appeared before Council in support of the request.
Mr. Trout offered the following resolution:
(#34613-122099) A RESOLUTION supporting tax exemption of
certain property in the City of Roanoke owned by The League of Older
Americans, Inc., and used by it exclusively for charitable or benevolent
purposes on a non-profit basis.
(For full text of Resolution, see Resolution Book No. 62, page 399.)
Mr. Trout moved the adoption of Resolution No. 34613-122099.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
MUNICIPAL BUILDING-CREDIT UNION: Pursuant to action of
Council, the City Clerk having advertised a public hearing for Monday,
December 20, 1999, 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 small
area in the Second Floor Lobby of the Municipal Building for placement
by the Roanoke Valley Federal Credit Union of an automatic teller
machine for a period of five years, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Monday, December 13, 1999.
(See publisher's affidavit on file in the City Clerk's Office.)
A joint report of the Acting City Manager and the Director of
Finance advising that the Roanoke Valley Federal Credit Union has
requested permission to place an automated teller machine (ATM) in
the second floor lobby of the Municipal Building which will be a
relatively small freestanding unit to be placed along the wall adjacent
to the City Treasurer's office; and all operating expenses will be paid
by the Credit Union, with the cost to the City to be minimal for the
provision of electrical service, was before Council.
It was further advised that the ATM will provide City employees
with the convenience of making deposits and withdrawals to their
Credit Union without having to drive to the Credit Union location on
Fifth Street; additionally, the ATM will provide a convenience to
ACTION:
ACTION:
463
customers of the Treasurer=s Office by allowing them the option to
withdraw money via an ATM card from their personal banks; and this
service has been frequently requested by City employees and citizens
that visit the City Treasurer's Office.
The Acting City Manager and the Director of Finance
recommended that Council authorize the Acting City Manager to
execute the contract for lease of space in the second floor lobby of the
Municipal Building for an ATM by the Roanoke Valley Federal Credit
Union for a term of five years, with the City reserving the right to
terminate the contract upon 90 days written notice to the Credit Union.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that Council concur in the recommendation and
refer the matter to the City Attorney for preparation of the proper
measure. The motion was seconded by Mr. Hudson and adopted,
Council Members Wyatt and Swain voting no.
CITY PROPERTY-LEASES-WATER RESOURCES: Pursuant to
action of Council, the City Clerk having advertised a public hearing for
Monday, December 20, 1999, at 7:00 p.m., or as soon thereafter as the
matter may be heard, on the request of the City of Roanoke to extend
the lease of a 1.0-acre portion of a 12.93-acre tract of City-owned
property located on Municipal Road, N. W., to Budget Rent-A-Car
Systems, Inc., for a period of five years, the matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Sunday, December 12, 1999.
(See publisher's affidavit on file in the City Clerk's Office.)
The Water Resources Committee submitted a written report
recommending that, lacking any comments to the contrary, Council
authorize execution of an extension to the lease with Budget Rent-a-
Car, Inc., for a term of five years, in a form to be approved by the City
Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
464
(#34614) AN ORDINANCE authorizing the proper City officials to
extend the lease agreement between the City and Budget Rent-A-Car
Systems, Inc., for a period of five years, for the use of a 1.0-acre portion
of a 12.93-acre parcel of City-owned property located on Municipal
Road, N. W., for said corporation's facilities for the maintenance,
servicing and storage of vehicles, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 405.)
The motion was seconded by Mr. Harris and adopted by the
following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-ECONOMIC
DEVELOPMENT: Pursuant to action taken by Council, the City Clerk
having advertised a public hearing for Monday, December 20, 1999, at
7:00 p.m., or as soon thereafter as the matter may be heard, on the
request of the City of Roanoke to convey property located at 118 West
Campbell Avenue, S. W., for economic development purposes, the
matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Sunday, December 12, 1999.
(See publisher's affidavit on file in the City Clerk's Office.)
The Acting City Manager submitted a report advising that the City
of Roanoke owns an historic building at 118 West Campbell Avenue;
Council agreed to purchase the building and adjoining properties at
120, 122 and 124 Campbell Avenue in 1984 for historic preservation and
economic development purposes; and 120, 122 and 124 Campbell
Avenue have been sold to private investors who have renovated the
buildings into commercial office space and multiple residential living
units.
It was further advised that the Economic Development
Department has identified a buyer, Henry Smith Pritchett, for 118
Campbell Avenue, who proposes to renovate the building into office
space and a residential living unit; 118 West Campbell Avenue has
extensive damage to the third floor resulting from a leaky roof, with a
projected cost for roof repair at $15,000.00 - $20,000.00; asbestos is
465
present in 118 West Campbell Avenue and estimated cost for removal
is between $50,000.00 and $150,000.00; and the contract of sale
between the City and Henry Smith Pritchett contains the following
major provisions: consideration is $20,000,00, Mr. Pritchett accepts the
property "AS IS", the City will record a historical preservation easement
in favor of the Virginia Department of Historic Resources prior to
closing, and closing is scheduled within 60 days from execution of the
sales contract.
ACTION:
The Acting City Manager recommended that he be authorized to
execute the Contract of Sale agreement and other necessary
documents to convey the property to Henry Smith Pritchett and an
historic preservation easement to the Virginia Department of Historic
Resources; all documents to be in a form to be approved by the City
Attorney; and appropriate $20,000.00 from a third party (Henry Smith
Pritchett) to Account No. 008 052 9629 9004 (RClTladdition property).
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34615-122099) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 401.)
Mr. Trout moved the adoption of Ordinance No. 34615-122099.
The motion was seconded by Mr. Swain and adopted by the following
vote:
ACTION:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34616) AN ORDINANCE authorizing the City Manager to execute
the Contract of Sale, the deed and any other necessary documents
providing for the fee simple conveyance to Henry Smith Pritchett of
City-owned property, identified by Official Tax Map No. 1011512 and
466
commonly known as 118 West Campbell Avenue; and authorizing the
City Manager to execute a Deed of Easement granting an historic
preservation easement on Official Tax Map No. 1011512 to the Virginia
Board of Historic Resources, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 406.)
The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-INDUSTRIES:
Pursuant to action of Council, the City Clerk having advertised a public
hearing for Monday, December 20, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of the City of
Roanoke to convey property located on Norfolk Avenue to InSystems
Technologies, Inc., the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Sunday, December 12, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
The Acting City Manager submitted a report advising that
property owned by the City located at the corner of First Street and
Norfolk Avenue, Official Tax No. 1010310 was acquired for
development of a Railside Linear Park; InSystems Technologies, Ltd.,
a software manufacturing company founded in Roanoke in 1991, has
purchased and is renovating the warehouse building at 109 Norfolk
Avenue, adjacent to the City-owned parcel, to house its growing
business; Council approved, by Ordinance No. 34248-050399, the sale
of a .013 acre portion, more or less, in fee simple and a 195 square foot,
more or less, air rights easement across Official Tax No. 1010310 to
InSystems Technologies, Ltd., to allow construction of an addition to
the building; and the property was conveyed to InSystems
Technologies by deed executed on July 29, 1999.
It was further advised that renovation of the building has
revealed ;hat the end wall is leaning, thus creating a need for an
additional three-foot strip of property for an addition; and conveyance
of real property must be approved by Council following a public
hearing.
467
ACTION:
ACTION:
The Acting City Manager recommended that Council hold a
public hearing and, lacking any comments to the contrary, approve the
conveyance of a portion of Official Tax No. 1010310 containing
approximately 130 square feet, more or less, to InSystems
Technologies, Ltd., in a form to be approved by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34617) AN ORDINANCE providing for the fee simple
conveyance of a three-foot strip of City-owned property to Insystems
Technologies, Ltd., identified by Official Tax Map No. 1010310
containing 130 square feet, and located on Norfolk Avenue, S. W., upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 407.)
The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members White, Wyatt, Harris, Hudson, Swain,
Trout and Mayor Bowers ................................. ~ ............................ 7.
NAYS: None ....................................................................... 0.
OTHER HEARINGS OF CITIZENS:
HUMAN DEVELOPMENT-RED CROSS: Mr. George Gunther, P. O.
Box 12353, appeared before Council and suggested that the local
American Red Cross provide some type of special consideration for
those persons who donate blood, i. e., taxicab fare to and from their
place of residence to the local Red Cross Office. He also addressed the
City's food stamp policy and suggested that the hours for food stamp
issuance be reviewed.
Without objection by Council, the Mayor requested that
Mr. Gunther's remarks regarding the food stamp policy be referred to
the Acting City Manager for review°
468
There being no further business, the Mayor declared the meeting adjourned
at 7:40 p.m.
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
SPECIAL MEETING ...... ROANOKE CITY COUNCIL
December 31, 1999
9:00 a.m.
The Council of the City of Roanoke met in Special Session
469
on Friday,
December 31, 1999, at 9:00 a.m., in the City Council Chamber, fourth floor, Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor David A.
Bowers presiding, pursuant to Section 10, Meetings of Council, Charter of the City
of Roanoke.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A.
Bowers ......................................................................................................... 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; Jesse A.
Hall, Deputy Director of Finance; and Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
COUNCIL: The Mayor advised that the purpose of the Special Meeting is to
consider an ordinance to establish the annual salaries of the Mayor and Members
of Council and referred to the following letter calling the special meeting:
"December 30, 1999
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
Pursuant to Section 10, Meetings of Council, of the Charter of the City of Roanoke,
I am calling a Special Meeting of the Roanoke City Council on Friday, December 31,
1999, at 9:00 a.m., in the City Council Chamber. The purpose of the meeting will be
to consider an ordinance establishing the annual salaries of the Mayor, Vice-Mayor
and Council Members.
470
Best personal regards.
Sincerely,
S/David A. Bowers
Mayor
DAB:lo
pc:
James D. Ritchie, Sr., Acting City Manager
Darlene L. Burcham, City Manager-Elect
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
James D. Grisso, Director of Finance
Robert H. Bird, Municipal Auditor
Willard N. Claytor, Director, Real Estate Valuation"
POLICE DEPARTMENT: The Mayor advised that during the evening hours of
December 30, 1999, a shooting took place in the City of Roanoke that involved a
police officer, and requested a status report by the Acting City Manager.
The Acting City Manager advised that during a traffic incident, difficulty was
experienced in getting an individual to stop his vehicle, action was taken by the
police officer, and the officer has been placed on administrative leave pending
completion of an investigation. He stated that the Police Chief and the Internal
Affairs Unit of the Police Department are conducting a thorough investigation and
will report their findings to the proper officials. He advised that the citizen has
undergone surgery and is in stable condition and the matter will continue as a
priority investigation.
COUNCIL: Section 15.2 - 1414.6 of the Code of Virginia (1950), as amended,
provides that every proposed increase in the salary of the Members of Council shall
be adopted at least four months prior to the date of the next municipal election,
therefore, Council would have to act on the matter before the end of the calendar
year 1999, if it wishes to take action.
(See report of the City Attorney under date of November 15, 1999, on file in the City
Clerk's Office.)
Council held two duly advertised public hearings on Monday, November 15,
1999, and Monday, December 6, 1999, on the question of a salary adjustment for the
Mayor and Members of Council. At a regular meeting on Monday, December 20,
1999, Council adopted an ordinance, on its first reading on a 4 - 3 vote, which would
increase the salary of the Mayor from $18,000.00 to $21,000.00 per year and increase
the salary of the Members of Council from $14,000.00 to $16,000.00 per year,
effective July 1, 2000.
471
The Mayor advised that Council has been provided with two versions of an
ordinance that will increase the salaries of the Mayor and Members of Council; i.e.:
an ordinance that does not include an emergency clause which was adopted by
Council on its first reading on a 4 - 3 vote on Monday, December 20, 1999; and an
ordinance that was prepared as an emergency~ which, if adopted, will be effective
upon its passage. He explained that the City Attorney advises that the ordinance,
which was adopted by Council on its first reading on a 4 - 3 vote, on Monday,
December 20, 1999, can only be introduced for its second reading at a Regular
Meeting of Council and therefor cannot be legally introduced at a Special Meeting
of Council.
Mr. White offered the following emergency ordinance:
"AN ORDINANCE establishing the annual salaries of the Mayor, Vice-Mayor
and Council Members for the fiscal year beginning July 1, 2000; and providing for
an emergency."
Mr. White moved the adoption of the ordinance. The motion was seconded
by Mr. Swain.
Mr. E. Duane Howard, 508B Walnut Avenue, S. W., presented a video tape of
a portion of the December 20 Council meeting in regard to the issue of a pay
increase for the Mayor and Council Members. He advised that according to
The Roanoke Times, the majority of citizens of the City of Roanoke are opposed to
the proposed pay raise. He stated that the Office of Mayor is deserving of a small
increase within reason and equivalent to that which was granted to Social Security
recipients, but the salary of Council Members should not be increased.
Mr. Calvin Powers, 2021 Lukens Street, N. W., spoke in support of a pay
increase for the Mayor and Members of Council.
Mr. Bob R. Caudle, 4231 Belford Street, S. W., spoke in support of a pay
increase for the positions of Mayor and Members of Council. He again suggested
the appointment of a committee to review the issue of pay increases which will
remove Council from the difficult position of recommending and voting for a pay
raise for itself. He advised that the majority of citizens concur that a pay increase
is in order for the Mayor and Members of Council.
The above referenced ordinance, introduced as an emergency, was lost by the
following vote:
AYES: Council Members Hudson, Swain, White and Mayor Bowers .......... -4.
NAYS: Council Members Wyatt, Harris and Trout ...................................... 3.
(Emergency measures require five affirmative votes of the Council for adoption.)
There being no further business, the Mayor declared the Special Meeting
adjourned at 9:30 a.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk Mayor
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REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January 4, 2000
12:15 p.m.
The Council of the City of Roanoke met in regular session on Tuesday,
January 4, 2000, at 12:15 p.m, the regular meeting hour, in the City Council
Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with Mayor David A. Bowers presiding, pursuant to Rule 1, Rea_ular
Meetin.qs, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979),
as amended.
PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris, W. Alvin
Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr. and Mayor David A.
Bowers .......................................................................................................... 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Assistant City Manager; William M. Hackworth, City Attorney; Jesse A. Hall,
Deputy Director of Finance; and Mary F. Parker, City Clerk.
ZONING-COMMUNITY PLANNING: The Assistant City Manager introduced a
briefing on the status of neighborhood planning. He advised that during 1999-2000
budget study, Council approved additional resources to continue the City's
neighborhood planning efforts; whereupon, he introduced Evelyn S. Lander, Chief,
Planning and Community Development.
Ms. Lander advised that the briefing would include efforts of the City Planning
Department and particularly neighborhood planning efforts. She stated that
residents of the City have expressed a need for the City to have a longer term vision
and to plan for the City's future, along with the future of Roanoke's neighborhoods.
She further stated that Council's continuing support in understanding and resolving
community issues has resulted in the addition of two new planners in the Office of
Community Planning who are specifically assigned with the responsibility of
neighborhood planning, they have begun to update the City's Comprehensive Plan,
and staffwill work with Council, the City Planning Commission and the City Manager
over the next several months to develop the planning process, content of the plan,
consultant scope of service, and it is anticipated that a consultant will be engaged
by early March to begin neighborhood workshops.
474
Ms. Lander advised that Roanoke has been described as a City of
neighborhoods and the health and vitality of the City is dependent upon insuring that
neighborhoods are attractive and safe places to live and to work, that residents are
provided with essential public services and experience a high quality of life;
therefore, planning for the neighborhoods and the future of the City enables staff to
address not only important public issues, but to collaborate and pull together public
and private resources, in order to financially plan for public facilities and
infrastructure. She called upon Christopher L. Chittum, Neighborhood Planner, to
present information on the neighborhood planning process.
Mr. Chittum discussed such matters as what are neighborhood plans, why are
plans being prepared, how are neighborhoods selected for planning, the planning
process, and the end results. He advised that a neighborhood plan is a legal
document which, when adopted by Council, becomes a part of Roanoke Vision, the
City's overall Comprehensive Plan; and plans are developed through a partnership
with the City Planning Commission, planning staff and residents of a neighborhood
to provide a common direction for all planners in order to work toward achieving
shared goals. He stated that in most neighborhoods, there are many issues of
concern, some of which are more pressing than others, and a neighborhood plan
will help to identify priorities so that more attention is given to the most pressing
issues; and neighborhood plans identify existing conditions and needs of a
neighborhood and help to gain a better understanding of what is going on in a
particular area. He explained that because staff is working in a smaller geographical
area, they can go into a much greater level of detail than can be done with a City-
wide plan; and the neighborhood planning process insures that residents,
neighborhoods, property owners and businesses are involved in the decisions that
effect their neighborhoods which are critical to the success and implementation of
neighborhood plans. He added that neighborhood plans help to provide a sufficient
way to allocate limited public and community resources, improve the City's
responsiveness to neighborhoods; and can help to improve the quality of life in
neighborhoods, not only in those neighborhoods that have plans, but certain
solutions addressed in a particular neighborhood can have City-wide implications.
Mr. Chittum explained that Roanoke has 45 neighborhoods, City staff has a
goal to complete four neighborhood plans per year, and by combining some of the
areas, it is hoped to complete most, if not all of the City in five to eight years. He
stated that the City wants to insure that neighborhoods are selected fairly and that
initial efforts are concentrated where they are needed the most; and criteria has
been developed to rank neighborhoods based on factors such as whether there are
critical issues to be addressed by the plan. He noted that zoning conflicts are an
important factor, infrastructure needs such as sidewalks, streets and utilities are
considered, along with socio-economic factors and the capabilities of the
neighborhood association. He stated that to date, the City Planning Department has
completed plans for South Roanoke, Deyerle and Raleigh Court, and they are
currently working on Melrose/Rugby; in February, staff will begin working on the
475
Hershberger Hills/Peters Creek area, with Southern Hills, Belmont, Fallon,
LoudonlMelrose, Gilmer/Harrison slated as the next neighborhoods to be addressed,
which plans will take staff far into the year 2001.
Mr. Chittum noted that neighborhood issues and conditions can change and
toward the end of the year 2000, City staff will use certain criteria to determine the
next neighborhoods that will become priorities for the year 2001; and after staff
commits to a neighborhood plan, the planning process begins by developing a
neighborhood profile which pulls together information such as census data, land
use information, infrastructure conditions, housing conditions, etc., which enables
staff to identify issues and trends. He stated that citizens and planners use the
profile to make informed decisions about what needs to happen in the future; once
a profile is developed, a series of three to four workshops are held in the community
to identify values and issues, to develop and rank goals and action strategies, and
to establish a time line and to identify leadership and resources needed to
implementthe plan. He added that following the workshops, a draft plan is prepared
and submitted to citizens, the City Planning Commission, City Council and City staff
for input; with comments considered and incorporated, the long range planning
subcommittee of the City Planning Commission reviews the draft and recommends
changes, if needed, which is submitted to the full City Planning Commission, and the
final step of the process is City Council's consideration and adoption. He noted that
following adoption comes implementation and when a neighborhood plan is
completed, it includes values, goals and action strategies; values and goals are
important because they not only provide a basis and action strategies of the plan,
but they help to guide future decisions; action strategies constitute a working plan
for the City, neighborhood organizations and citizens and a partnership that can be
formed, and there is approximately a five year time table for implementation of the
plan, although some recommendations cover a longer term. At this point, he
indicated that leadership is necessary to move forward with the action strategies;
and residents, community leaders and City government will be involved as partners
in monitoring and implementing the plans. He stated that one of the most important
resources in preparing a neighborhood plan is staff and Council approved two
positions for neighborhood planning last year, therefor, two planners were hired to
work exclusively on neighborhood plans; professional expertise of City staff is
needed inasmuch as plans deal with a multitude of issues; and the process relies
heavily on citizen input through community workshops. He further stated that
technical resources include the ability to generate and display maps and the City
Engineering Department and the Department of Information Technology have been
excellent partners in developing that capability through the geographical information
system.
Mr. Chittum advised that it is hoped to develop a neighborhood plan "report
card" in order to review adopted plans to determine how the City is implementing
some of the action strategies that were recommended; a neighborhood planning
web page will be established to provide access to neighborhood plans and the
476
program; and by the end of January, several completed plans will be on line. He
stated that the City is trying to be as cost effective as possible by doing as much of
the work as possible in house through existing staff and abilities, neighborhood
plans will be understandable and user friendly, and the process should be a prime
example of facilitative government. He explained that at any given time, there will
be five neighborhood plans under development, and when a draft plan is prepared,
it will be forwarded to Council for review.
In conclusion, Mr. Chittum stated that the Neighborhood Planning Program is
an action that implements several of the City's goals, neighborhood planning was
a major recommendation of Roanoke Vision -- the City's Comprehensive Plan, and
the program has a direct link to City Council's strategic issues of Effective
Government and Quality of Life.
Upon question by Council with regard to prioritizing neighborhoods to be
selected for neighborhood plans, the City Manager suggested that if there are
individual Members of Council who are aware of specific neighborhoods that should
be addressed sooner than others, they are requested to provide the information so
that as staff prepares its next cycle of studies, those suggestions can be taken into
consideration.
Council Member Wyatt suggested that all quadrants of the City be addressed
so that there is not a perception that one section of the City is being favored over
another. She requested that the annual review of neighborhood plans be placed in
writing and that a specific criteria format be developed in order to compare
neighborhoods, and asked that staff review the feasibility of whether reports should
be linked to funding. She concurred in the concept of an annual report; however,
she asked that consideration be given to preparing a more indepth report every five
years and a total review every ten years to provide for an ongoing review process.
Council Member White called attention to the need for rules and regulations
as City staff prepares neighborhood plans throughout the City and advised that the
neighborhood plan, in isolation, will not address all of the problems. He inquired if
there are African-Americans on the City Planning staff, does the City have key staff
living in most of the targeted neighborhoods, or attending churches in those
neighborhoods, and does City staff have children who attend schools in these
neighborhoods. He explained that he did not expect a response to the above listed
questions, but the observations were made for the benefit of staff because those are
the kinds of questions that will make the planning process easier.
ACTION: Without objection by Council, the Mayor advised that the briefing would be
received and filed.
At 1:04 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
477
At 2:00 p.m., on Tuesday, January 4, 2000, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
216 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris, W. Alvin
Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr. and Mayor David A.
Bowers ........................................................................................................ 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie,
Sr., Assistant 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 Robert W. Hoel,
Member, Christian Science Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
PRESENTATIONS:
ACTS OF ACKNOWLEDGEMENT-CITIZEN OF THE YEAR:
Mr. Trout offered the following resolution naming Jere Lee Hodgin as
1999 Citizen of the Year for the City of Roanoke:
(#34618-010400) A RESOLUTION naming the 1999 Citizen of the
Year for the City of Roanoke.
(For full text of resolution, see Resolution Book No. 62, page 408.)
Mr. Trout moved the adoption of Resolution No. 34618-010400.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
The Mayor advised that for the past 13 years, Mr. Hodgin has
been the guiding light and enthusiastic leader of the Mill Mountain
Theater, having served first as Artistic Director, then as Executive and
Artistic Director, and currently as Producing Artistic Director. He
478
further advised that after obtaining his Bachelor of Arts Degree at the
University of North Carolina and his Masters of Fine Arts Degree in
acting and directing from the University of Georgia, Mr. Hodgin served
as Artistic Director and Co-Producer at Highlands Playhouse in
Highlands, North Carolina, Coordinator and Tour Director, London
Intercollegiate Theater Excursion in London, England, and Director and
Designer of the Greenbrier Valley Theater in Greenbrier, West Virginia.
The Mayor stated that Mr. Hodgin is often described as a genius
by those who know and admire both his work and his character; he has
directed or acted for professional and academic theater in over ten
plays, operas and musicals and has served as a visiting professor and
guest lecturer on various subjects dealing with the theater, including
acting, directing, public speaking, voice and diction, modern drama and
theater appreciation; throughout his tenure with the Mill Mountain
Theater, he has emphasized and implemented outreach programs to
members of the minority community and to economically
disadvantaged persons; his tireless efforts on behalf of the theater and
the community have resulted in the exposure of fine music and
outstanding theater to many persons who would otherwise be unable
to attend such performances; he has led the Mill Mountain Theater to
the pinnacle of the artistic realms, and the theater has thereby become
a showplace for cultural enrichment and a shining gem in the star of
the City of Roanoke.
The Mayor announced that Mr. Hodgin's name will join the ranks
of other outstanding Roanokers who have been honored by the
Members of the Roanoke City Council and the citizens of the City of
Roanoke 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. Hodgin as Roanoke's
1999 Citizen of the Year; and presented him with a personalized plaque,
a ceremonial copy of Resolution No. 34618-010400, and the Key to the
City, which is the highest gift bestowed upon an individual by the City
of Roanoke.
CITY MANAGER: Mayor Bowers introduced and welcomed
Darlene L. Burcham, City Manager, effective January 1, 2000.
479
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 Tuesday, January 4, 2000, at 2:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Mr. and Mrs.
George R. Preas to amend certain proffered conditions contained in
Ordinance No. 29028 adopted on March 28, 1988, which conditionally
rezoned property located at 3113 Franklin Road, S. W., subject to
certain conditions proffered by the petitioner, the matter was before the
body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Wednesday, December 22 and Tuesday,
December 28, 1999, and in The Roanoke Tribune on Tuesday,
December 28, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the above
referenced property, originally identified as Official Tax Nos. 1290111,
1290118, and a portion of 1290117 were conditionally rezoned in 1988
from RS-3 to C-2 in March 1988, subject to certain conditions which
include that the property will be developed in substantial compliance
with the site plan prepared by Hughes Associates, dated January 13,
1988, copy of which is attached to the Petition for Rezoning as Exhibit
B, subject to any changes required by the City during site plan review;
if no building permit has been issued and no construction commenced
within three years from the date of final zoning approval, the zoning
shall revert to RS-3 without further action by Council; the lot bearing
Official Tax No. 1290111 along with that portion of the lot bearing
Official Tax No. 1290117 (0.020 acres) will be combined with the lot
bearing Official Tax No. 1290110 and an approved plat of subdivision
will be recorded combining said lots; and the petitioner will obtain a
variance from landscaping requirements of Section 36.1-585(b)(2) of the
Code of the City of Roanoke (1979), as amended, as the requirement
affects the boundary between the parcels of land described above and
the lot bearing Official Tax No. 1290117.
It was further advised that the proposed expansion of the
shopping center did not occur; however, condition numbers three and
four of the rezoning were met; the lots were combined into a single tax
parcel and a variance for the landscaping requirement was obtained;
the reversion condition is not enforceable; a petition was filed on
November 4, 1999, to amend the conditions of the previous rezoning
48O
and a first amended petition to amend proffered conditions was filed on
December 1, 1999; following the City Planning Commission's public
hearing on December 1, 1999, a second amended petition to amend
proffered conditions was filed on that date; and conditions in the
second amended petition to amend proffered conditions are as follows:
the property will be developed in substantial conformity with the
development plan prepared by Hughes Associates Architects, dated
November 3, 1999, as Exhibit C, subject to any changes that may be
required by the City during development plan review; the property shall
be used for storage and warehouse activities as permitted by Section
36.1-206 (43) of the Code of the City of Roanoke; and any heating/air
conditioning handling units located on the roof of the warehouse shall
be screened from view. It was noted that the purpose of the
amendment is to construct a warehouse expansion for a tenant of the
existing shopping center.
The City Planning Commission recommended that Council
approve the request to amend the conditions of rezoning, as set forth
in the second amended petition filed on December 1,1999; and advised
that the proposed development plan is a reasonable alternative for
expanded commercial development and is less intrusive than the
previously approved development plan.
(For full text, see report on file in the City Clerk's Office.)
Maryellen F. Goodlatte, Attorney, appeared before Council in
support of the request of her client.
ACTION:
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34619) 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-2, General Commercial District.
(For full text of Ordinance, see Ordinance Book No. 62, page 425.)
The motion was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 34619 was adopted, on its first reading, by the following
vote:
ACTION:
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AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 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. 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 the Council.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers 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. White 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. Swain and adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
BUDGET: The City Manager submitted a written report advising
that on December 20, 1999, the Acting City Manager forwarded a
proposed schedule for the fiscal year 2000-01 budget study process, in
which Council was requested to review the proposed schedule and
advise the City Manager if any of the suggested dates conflict with their
schedule; and in as much as the City Manager's Office has received no
482
ACTION:
changes from any member of Council, Council was requested to
formally approve the following schedule (including two special
meetings of Council), in order to finalize all arrangements necessary to
move forward with the budget study process.
Date
Bud.qet Preparation Activities
April 17, 2000
Public presentation of Fiscal Year 2000-01 recommended
budget, and the Consolidated Plan (HUD budget) to City
Council by City Manager.
April 18, 2000
Advertisements of public hearings on recommended budget,
tax rates, and HUD Consolidated Plan appear in newspapers.
May 1, 2000
Public hearings on recommended budget, tax rates, and
Consolidated Plan.
** Requires Special Evening (7:00 p.m.) Meeting of Council **
May 3 - 5, 2000
City Council budget work sessions.
May 9, 2000
City Council adopts General Fund, Proprietary Fund, and
School Fund budgets, approves an annual appropriation
ordinance, and adopts the HUD Consolidated Plan budget.
** Requires Special Meeting of Council **
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ...................................................................... 0.
TRANSPORTATION FUND-ISTEA: A report of the City Manager
with regard to a public hearing on the Transportation Equity Act for the
21st Century (TEA-21) Enhancement Projects, was before Council. It
was advised that the Act 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 new law provides
$215 billion in spending authority for highways and transit, including
$3 billion for transportation enhancement projects; and TEA-21 requires
state departments for transportation to set aside ten per cent of their
Surface Transportation Program (STP) allocation each year for
ACTION:
483
transportation enhancements, which includes activities such as
facilities for pedestrians and bicyclists (such as greenways) and
rehabilitation of historic transportation buildings.
It was explained that enhancement projects may be initiated by
any group or individual, and need to be formally endorsed by Council
prior to being submitted to the Virginia Department of Transportation;
and this year two applications were submitted to the City; viz: the
Roanoke Redevelopment and Housing Authority project which is the
rehabilitation of an historic railroad building adjacent to the functioning
Norfolk Southern rail yard, at a total estimated cost is $10,650,000.00,
and the application by the Roanoke Redevelopment and Housing
Authority requests $650,000.00 in TEA-21 enhancement funds; and the
Williamson Road Streetscape Revitalization request for gateway and
streetscape improvements within the Williamson Road corridor which
is being made by the City of Roanoke as a combined revitalization effort
with the Williamson Road Area Business Association, at a total
estimated cost of $1,000,000.00, and the application by the City of
Roanoke requests $800,000.00 in TEA-21 enhancement funds.
The City Manager advised that the City Planning Commission is
scheduled to hear the matter at its January 12, 2000, meeting and
provide a recommendation to Council at its January 18, 2000 meeting;
and VDOT requires that a public hearing be held for TEA-21
enhancement projects as part of the application process.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the recommendation of
the City Manager to schedule a public hearing for Tuesday, January 18,
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. Swain and
adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager
submitted a written report advising that each year, the City of Roanoke
receives approximately $3 million in new entitlement funding under the
Community Development Block Grant (CDBG), HOME Investment
Partnerships (HOME), and Emergency Shelter Grant (ESG) programs of
the U. S. Department of Housing and Urban Development (HUD); and
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ACTION:
with unspent entitlement funds from prior years and expected program
income, it is estimated that approximately $4 million will be available
for the period beginning July 1, 2000.
Itwas further advised that ultimately, the budgeting process has,
as its intended result, the preparation of a Consolidated Plan and
approval of the Plan by Council; and among major milestones
tentatively scheduled during the coming months leading to this result
are the following:
January 13
February 7
February 15
March 30
April 17
May 1
May 9
May 15
July
Public meeting on HUD funds and proposal process
Deadline for proposals from competing organizations
Proposal reviews and budgeting meetings begin
Public meeting on draft HUD funds plan (budget)
Council briefings on recommended HUD and City
budgets
Council public hearings on HUD and City budgets
Council special meeting to adopt HUD and City
budgets
Deadline for submission of plan for HUD review and
approval
Begin new HUD program year
It was explained that the City's current five-year HUD
Consolidated Plan expires on June 30, 2000, thus, the City is
determining the uses of anticipated 2000-01 funding as a part of
preparing an updated five-year plan; and for this reason, an additional
public meeting was held on October 26,. 1999, regarding priorities and
objectives for HUD funds, the key elements of the plan.
The City Manager advised that certain commitments account for
nearly three-fourths of HUD funds for the 2000-01 period; therefore,
only about $1 million will be available for housing, neighborhood
development, economic development and other proposals not already
counted among the committed uses; and because this is over
$400,000.00 less than in 1999-2000 for these remaining types of
proposals, the City has decided to combine the HUD
Neighborhood/Economic Development and Housing Committees into
a single body, which is expected to be known as the Community
Development Committee.
Mr. White moved that the report be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
ACTION:
485
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
CITY MANAGER-OATHS OF OFFICE-COMMITTEES: The report of
qualification of Darlene L. Burcham as City Manager of the City of
Roanoke, effective January 1, 2000, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. White moved that the report of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
TAXICABS AND FOR-HIRE VEHICLES-COMPLAINTS:
Ms. Jenese E. Smith, 3701 Long Meadow Avenue, N. W., advised that
overall, taxi cab service in the Roanoke Valley is good; however, there
are some drivers who believe they have the right to discriminate and
cheat citizens. She referred to an alleged incident that took place on
November 29, 1999, in which the taxicab meter read $6.80 and she
offered the driver $7.00, however, the driver indicated that there was
another trip ticket in the amount of $2.40, which she refused to pay. She
stated that she was not allowed to inspect the additional trip ticket, a
police officer was called to the scene because she refused to pay the
additional $2.40 which prevented her from keeping an appointment that
subsequently caused her to lose a $100.00 rental housing deposit. She
explained that because the driver could not produce evidence of a
second trip ticket, he accepted the $6.80 following a discussion with
the police officer. She expressed concern that there are some drivers
who repeatedly engage in this type of behavior; if she had not had the
$6.80 to pay her taxicab fare, she would have been arrested; and she
contended that when the police officer determined that the taxi driver
had tried to cheat her out of an additional $2.40, the taxicab driver
should have been arrested.
486
Without objection by Council, the Mayor advised that the matter
would be referred to the City Manager for review and report to Council.
SCHOOLS: Dr. E. Wayne, Harris, Superintendent, Roanoke City
Public Schools, presented an overview of teacher board certification.
He advised that in order to be certified to teach in the Commonwealth
of Virginia, one must have a bachelors degree and a teachers license,
and any teacher who is interested in going beyond the initial
certificatiOn may obtain a masters degree and ultimately a doctoral
degree. He called attention to the National Board Certification for
Teachers, which is the highest form of certification in the United States,
that has been in existence for approximately eight years. He explained
that only three to four school districts in this part of the Commonwealth
of Virginia have teachers who are national board certified, and he was
proud to report that Roanoke City has seven National Board Certified
teachers, with Roanoke being second only to Fairfax. He introduced
the following National Board Certified teachers who are currently
teaching in the Roanoke City School system: Susan Elkins, Patrick
Henry High School; Emily Flowers, Fallon Park Elementary School;
Michele McCIoud, former teacher at Crystal Spring Elementary School
and currently Coordinator of the Roanoke City Schools Gifted Program;
Wendy Richert, Fallon Park Elementary School; Gywn Siebert,
Governor;s School; Julie Tabee, Governor's School; and Wade
Whitehead, Crystal Spring Elementary School. He advised that a total
of ten teachers have completed National Board certification.
The Mayor congratulated the above named teachers and
presented each with a crystal star, which is symbolic of the Star on Mill
Mountain.
Without objection by Council, the Mayor advised that the remarks
of the Superintendent of Schools would be received and filed.
TOTAL ACTION AGAINST POVERTY: Theodore J. Edlich, III,
Executive Director, Total Action Against Poverty, presented a report on
the activities of TAP during the past year, and advised that the TAP
Board of Directors express appreciation to the City of Roanoke for its
continuing support of TAP Programs.
Mr. Edlich presented copy of the 1999 Annual Report which
provides an overview of TAP's services to 983 individuals and 2,843
families throughout the TAP territory, through key departments such as
Headstart, This Valley Works, Families in Transition, and Housing and
Community Outreach Development. He stated that Roanoke City's
financial support of $255,212.00 in General Fund monies helped to
487
leverage a total TAP budget of approximately $12 million, most of which
was contributed to the Roanoke City economy. In 1999, he estimated
that in Roanoke City alone, TAP had an economic impact of $17 million,
with $1.7 million, finding its way back to local government in utilities,
sales, and real estate taxes. In addition, he noted cost savings of over
$6.7 million due to the preventative nature of most of TAP's programs.
He explained that Roanoke City's contract with TAP was invaluable in
providing key support for TAP's Community Development, Education
and Employment, Transitional Living Center, Single Room Occupancy
facility, and Women's Center and Offender Services.
Mr. Edlich advised that in addition to specific contractual
obligations, TAP continues to provide important working relationships
with a number of key City departments, including housing, human
resources, public safety, parks and recreation, City Jail and the City
administration. He noted that TAP, through its connection with the
Roanoke Housing Network, has been instrumental in assisting the City
of Roanoke in developing its Rental Inspection Program. He strongly
encouraged the City to seek enabling legislation to require that the
Rental Inspection Program become mandatory so that no property
escapes the net of inspections. He explained that currently 400
properties are not required to be inspected, and TAP plans to work with
Roanoke City neighborhoods to pursue similar recommendations for
submittal to Council.
Council Member Trout requested that the City Manager provide
an over view as to how the City of Norfolk addresses housing code
violations; whereupon, it was the consensus of Council to refer the
matter to the City Manager for report.
Without objection by Council, the Mayor advised that the Annual
Report of Total Action Against Poverty would be received and filed.
HEALTH DEPARTMENT-SCHOOLS: Dr. Cyrus Nasseri, Executive
Director, Roanoke Adolescent Health Partnership, presented an Annual
Report of the Health Partnership. He advised that the Partnership
sponsors two school based health centers and one school link center
in Roanoke City. He noted that teenagers are the only age group within
the country who have not improved their health over the last 30 years;
and while one in five teenagers has a serious health problem, only
about two-thirds of teens have seen a physician in the past year and
one in seven has not been to a physician in more than two years. He
stated that unintentional injuries account for about one-half of teen
deaths, followed by homicides, suicides and other categories such as
cancer, heart disease and stroke; and teens have health problems
488
related to the environment, culture, and social.' atmosphere such as
cigarette smoking, substance abuse, teen pregnancy and sexuality
issues, etc. He advised that 21 per cent of teens live in poverty,
transportation is an issue for teens, confidentiality is the number one
concern for teens, teens have developmental needs and some have
developed a fragile self-esteem, and others experience poor provider-
patient relationships.
Dr. Nasseri advised that it is hoped that school based health
centers will offer one avenue for overcoming some of the above listed
barriers for teens, transportation will no longer be a barrier, and health
care visits will be conducted in a confidential, user friendly teen-like
environment, with overall one stop health care services to be provided.
Dr. Nasseri noted that in 1991, Roanoke City had the highest teen
pregnancy rate among 136 localities in Virginia; therefor, a group of
concerned physicians approached Carilion Health System and asked
that something be done to address health care for teenagers and
Carilion committed $400,000.00 over a three year period to initiate a
health care partnership at Patrick Henry High School, Hurt Park
Elementary School, Ruffner Middle School, and William Fleming High
School. He stated that results of the health care program to date are as
follows:
a 42.5 per cent decrease in inappropriate emergency room
utilization at local hospitals;
a 34 per cent decrease in teen pregnancy;
a 15 per cent decrease in absenteeism at those schools
that have a school based health care center; and
patient satisfaction results are high.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
PETITIONS AND COMMUNICATIONS:
PARKS AND RECREATION-LANDMARKS/HISTORIC
PRESERVATION: A communication from H. Alexander Wise, Jr., State
Historic Preservation Officer, Department of Historic Resources,
advising that the Mill Mountain Star was entered in the National
Register of Historic Places on November 18, 1999, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
ACTION:
ACTION:
489
Witi~out objection by Council, the Mayor advised that the
communication would be received and filed.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-CMERP: The City Manager submitted a written report
advising that Capital Maintenance and Equipment Replacement needs
have been identified for various departments; items and projects have
been determined to be either emergency or time sensitive and
necessary for the continued operation and performance of duties and
assignments in the most efficient and effective manner; and it is
necessary for Council to appropriate funds from CMERP and Internal
Services Prior Year Retained Earnings accounts, in order to provide for
acquisition of certain items and completion of certain projects as more
fully set forth in the report.
The City Manager recommended that Council appropriate
$615,563.00, as more fully described in the report.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34620-010400) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General Fund, Water Fund, Civic Center
Fund, Transportation Fund, and Fleet Management Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 409.)
Mr. Hudson moved the adoption of Ordinance No. 34620-010400.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
490
Under the category of Fleet Management, Council Member Swain
referred to the $40,510.00 recommended for appropriation to replace
hand/power tools, some of which have not been replaced since 1981.
He inquired as to why City employees are using tools that were
purchased in 1981, and spoke in support of establishing an exchange
program to replace broken, worn out, or outdated tools.
PURCHASE/SALE OF PROPERTY-AIRPORT-INDUSTRIES: The
City Manager submitted a written report advising that Ordinance No.
24580, adopted by Council on April 16, 1979, provided a revocable
license to John C. Nordt Company, Incorporated (Nordt) to have direct
access for its aircraft to Taxiway 23 at the Roanoke Municipal Airport
from a portion of a parcel of land located adjacent to the airport,
identified as Official Tax No. 6630101; Ordinance No. 24580 also
authorized execution of an Agreement between Nordt and the City
granting the City the right of first refusal to purchase the parcel from
Nordt should Nordt desire to sell the property; subsequently, the
Airport Commission and Nordt negotiated a termination of Nordt's
rights of direct access as part of the recent airport expansion; and title
to the property was vested in a subsidiary of Nordt's bank, which, in
turn leased the property back to Nordt.
It was further advised that Nordt has reached an agreement to
acquire the property again, with closing on the property scheduled for
mid January; and Nordt has requested that the City acknowledge no
further interest in the property and release interest under the
agreement.
The City Manager recommended that Council authorize the
release of any interest the City may have in property identified as
Official Tax No. 6630101.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency ordinance:
(#34621-010400) AN ORDINANCE releasing and waiving the City's
right of first refusal to purchase certain property described as Tract III,
according to a plat entitled "Plat Showing Resubdivision of Murray K.
Coulter Estate" dated March 2, 1979, last revised October 22, 1979, by
Buford T. Lumsden and Associates, P.C., recorded in the Clerk's Office
of the Circuit Court for the City of Roanoke, Virginia, in Map Book 1,
ACTION:
491
Page 264, pursuant to an Agreement dated May 8, 1979, between the
City and the John C. Nordt Company, Incorporated, recorded in Deed
Book 1449, page 572, authorizing the execution of a document doing
so, in recordable form; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 412.)
Mr. Hudson moved the adoption of Ordinance No. 34621-010400.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
BUDGET-ROANOKE CIVIC CENTER-EQUIPMENT: The City
Manager submitted a written report advising that in September 1999,
Roanoke Pro Football, LLC, was awarded the Franchise for Arena
Football; an agreement has been reached between the City and
Roanoke Pro Football, LLC, for the leasing of the Roanoke Civic Center
for the year 2000 season; and field and goal equipment for arena
football must be purchased by the City, in order to provide for
appropriate and required needs for league play.
It was further advised that the Arena Football League requires
that all of its franchises use standard and approved equipment for the
arena football games; approved field equipment, consisting of padding,
field turf, some netting and dasherboards, is available only through
Sportexe, Inc., of Antonio, Canada, which holds exclusive rights under
United States Patent No. 5,962,101; goal system equipment, consisting
of goal nets and frames, side rebound nets and catch nets, are
available only through Rohnz, Inc., of Coralville, Iowa, as the exclusive
licensed provider under United States Patent No. 4,911,443; and in
accordance with Section 23.1-6 of the Code of the City of Roanoke,
(1979) as amended, the Manager of Supply Management has
determined that the required arena football items are sole source,
based upon the facts that the products are patented and have unique
characteristics.
The City Manager recommended that Council authorize the sole
source procurement of arena football field equipment from Sportexe,
Inc., at a cost of $136,944.00 and goal system equipment from Rohnz,
492
Inc., at a cost of $10,000.00; and appropriate $146,944.00 from Civic
Center Prior Year Retained Earnings Account to Operating Account No.
005-056-2108-9015.
Mr. Harris offered the following emergency budget ordinance:
(#34622-010400) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Civic Center Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 413.)
ACTION:
Mr. Harris moved the adoption of Ordinance No. 34622-010400.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... O.
Mr. Harris offered the following emergency ordinance:
(#34623-010400) AN ORDINANCE authorizing two purchase
orders, one to Sportexe, Inc., for approved field equipment, and one to
Rohnz, Inc., for goal system equipment, to obtain the necessary
equipment to allow the Roanoke Civic Center to be used for arena
football games; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 414.)
ACTION:
Mr. Harris moved the adoption of Ordinance No. 34623-010400.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager
submitted a written report advising that the Virginia General Assembly
passed State legislation in 1991, Section 18.2.249, Code of Virginia,
1950, as amended, which allows local law enforcement to seize and
have forfeited property connected with illegal narcotics distribution; the
493
ACTION:
law also makes it possible for police departments to receive proceeds
from these forfeited properties; and application for an equitable share
of the property seized by local law enforcement must be made to the
Department of Criminal Justice Services, Forfeited Asset Sharing
Program, and certified by the Chief of Police as to the appropriate
agency and representative to receive the property.
It was further advised that the Police Department receives
additional funds periodically from the State Asset Sharing Program;
and grant requirements include that these funds be placed in an
interest bearing account and that interest earned be used in
accordance with program guidelines.
The City Manager recommended that Council accept assets from
the Forfeited Asset Sharing Program and appropriate $40,000.00 to
Grant Fund Account Capital Outlay/Other Equipment (035-050-3302-
9015); appropriate $6,051.00 to Grant Fund Account Expendable
Equipment (<$1000.00) (035-050-3302-2035); and increase revenue
estimate Account No. 035-035-1234-7133 by $41,027.00 and Account No.
035-035-1234-7270 by $5,024.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34624-010400) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 415.)
Mr. Hudson moved the adoption of Ordinance No. 34624-010400.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager
submitted a written report advising that Congress amended 21 USC
Sec. 881 el-4, October, 1986, which authorized the transfer of certain
Federally forfeited property to state and local law enforcement agencies
that participated in the investigation and seizure of the property;
494
ACTION:
application for an equitable share of property seized by local law
enforcement must be made to the U. S. Department of Justice and
certified by the City Attorney as to the appropriate agency and
representative to receive the property and that the transfer is not
prohibited by state and local law; and participation in Federally
Forfeited Property enhances the effectiveness of narcotics
investigations by providing necessary investigative equipment,
investigative funds, overtime expenses, and offsets those costs that
would otherwise have to be borne by taxpayers of the City of Roanoke.
It was further advised that the Police Department receives
additional funds periodically from the Federal Government's Asset
Sharing Program; grant requirements include that these funds be
placed in an interest bearing account and that interest earned be used
in accordance with program guidelines; and revenues totaling
$66,365.00 have been collected and are available for appropriation in
Grant Fund Account Nos. 035-035-1234-7184 and 035-035-t 234-7247.
The City Manager recommended that Council accept assets from
the Federal Forfeited Property Sharing Program and appropriate
$66,365.00 to the Grant Fund account for Investigations and Rewards
(035-050-3304-2150) and increase the Grant Fund revenue estimate for
Account No. 035-035-1234-7184 by $61,232.00 and Account No. 035-035-
1234-7247 by $5,133.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#34625-010400) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 416.)
Mr. White moved the adoption of Ordinance No. 34625-010400.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
BUDGET-GRANTS-ROANOKE SYMPHONY ORCHESTRA-ARTS
COUNCIL OF ROANOKE VALLEY-MILL MOUNTAIN THEATER-OPERA
ROANOKE: The City Manager submitted a written report advising that
ACTION:
495
the City of Roanoke was notified of a Local Government Challenge
Grant which is available through the Virginia Commission for the Arts;
Local Government Challenge Grant Funds are available on a 50 - 50
matching basis, 50 per cent state and 50 per cent local; and application
for the grant was made at the request of the Arts Council of Roanoke
Valley, Roanoke Symphony Orchestra, Mill Mountain Theatre, and
Opera Roanoke.
It is further advised that notification from the Commission for the
Arts has been received that a grant of $5,000.00 is available; and grant
funds of $5,000.00 will be distributed to The Arts Council of Roanoke
Valley ($1,250.00), Roanoke Symphony Orchestra ($1,250.00), Mill
Mountain Theatre ($1,250.00) and Opera Roanoke ($1,250.00).
The City Manager recommended that Council accept the
$5,000.00 grant from the Virginia Commission for the Arts; appropriate
$5,000.00 to expenditure and revenue accounts to be established by the
Director of Finance in the Grant Fund; and authorize the City Manager,
or her designee, to execute the Local Government Challenge Grant on
behalf of the City of Roanoke.
(For full text, see report on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency budget ordinance:
(#34626-010400) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 417.)
Ms. Wyatt moved the adoption of Ordinance No. 34626-010400.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
Ms. Wyatt offered the following resolution:
(#34627-010400) A RESOLUTION authorizing the acceptance of
a Local Government Challenge Grant from the Virginia Commission for
the Arts.
496
ACTION:
ACTION:
(For full text of Resolution, see Resolution Book No. 62, page 418.)
Ms. Wyatt moved the adoption of Resolution No. 34627-010400.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the month of November, 1999.
(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 November would be received and
filed.
As soon as information is available, Council Member White
requested updated financial data resulting from sales tax generated
through holiday spending.
REPORTS OF COMMITTEES:
PUBLIC WORKS: Council Member Carroll E. Swain, Chairperson,
Bid Committee, presented a written report on behalf of the Committee,
in connection with bids received by the City for a new EPDM roof and
insulation at the Public Works Service Center, located at 1802
Courtland Avenue, N. W.
It was advised that the Iow bidder did not submit a bid bond from
a company licensed to do business in the Commonwealth of Virginia;
in trying to negotiate a reduction in the bid amount using the cost per
square foot based on the bid amount and the square footage of building
roof, the contractor requested an increase in the square footage cost
due to a raise in price per square foot from his supplier, for a reduction
in the volume of material ordered; and the best interest of the City
would be served to reject all bids, revise contract documents to include
only the area that could be covered and remain within project budget,
and rebid the project.
ACTION:
497
The Bid Committee recommended that Council authorize the City
Manager to reject all bids; and instruct the City Engineer to revise
contract documents and re-advertise the project.
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Swain offered the following resolution:
(#34628-010400) A RESOLUTION rejecting all bids for the new
EPDM roof and insulation at the Public Works Service Center.
(For full text of Resolution, see Resolution Book No. 62, page 419.)
Mr. Swain moved the adoption of Resolution No. 34628-010400.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... O.
PURCHASE/SALE OF PROPERTY-FLOOD
REDUCTION/CONTROL-WATER RESOURCES: Council Member Linda F.
Wyatt, Chairperson, Water Resources Committee, presented a written
report on behalf of the Committee, with regard to acquiring additional
property rights for the Roanoke River Flood Reduction Project.
A staff report advised that the Roanoke River Flood Reduction
Project was proposed by the Corps of Engineers in 1984; and the
Project was approved by voter referendum on April 11, 1989; in
June 1990, the City and the Corps of Engineers entered into a Local
Cooperation Agreement for design and construction of the project,
which requires the City to acquire all necessary property rights; and
authorization to acquire property rights on 237 parcels was authorized
by Council pursuant to Ordinance No. 29733-091189.
Itwas further advised that plans have been sufficiently developed
to identify the parcels affected by the project and to begin the property
rights acquisition process; however, plans are not yet detailed enough
to show specific interests on every parcel of land that will be required;
adjustments in the final alignment have created the need for additional
498
ACTION:
property rights not included in the previous Council authorization; and
authorization is needed to move forward with procurement of title work,
appraisals, and document preparation related to the additional parcels.
The Water Resources Committee recommended that Council
authorize the City Manager to take appropriate action to acquire
additional 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 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:
(#34629-010400) AN ORDINANCE authorizing the City Manager to
take appropriate action to acquire additional property rights;
authorizing the acquisition of such property by a voluntary purchase or
by condemnation if a voluntary purchase cannot be obtained, pursuant
to Ordinance No. 29733-091189, all for the purposes of the Roanoke
River Flood Reduction Project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 420.)
Ms. Wyatt moved the adoption of Ordinance No. 34629-010400.
The motion was seconded by Mr. Trout.
Mr. James Leonard, 1935 Hope Road, S. W., advised that when
the matter was approved by Council at its meeting on November 15,
1999, he raised the following questions: (1) to whom will the funds be
paid, specifically the $78,000.00, or $20,000.00 per trailer; (2) where will
the trailers be moved; (3) what is the ratio of ownership between Hanna
Trailer Court owners and tenants as owners of trailers to be moved. He
referred to a letter from the Director of Utilities and Operations in which
he clarified that the 39 trailers located along the river bank are owned
by individuals other than the owner of the trailer court.
Mr. Leonard stated that the City acquired the property less than
one year ago as a part of the Roanoke River Sewer Interceptor project
and following property acquisition, the City removed a large
commercial building at City expense. He called attention to his
previous inquiry as to actual expenses associated with acquisition and
demolition and advised that, to date, he has not received an accurate
499
accounting. He inquired specifically as to why it costs $78,000.00 to
move 37 trailers at $20,000.00 each, and presented a communication in
regard to specific questions relating to the Hanna Court Trailer Park
retaining wall bench cut issue. He requested a response to the
following questions:
To whom will the $780,000.00 be paid? Please provide a
list of each of the individuals (or businesses) to whom
payment of this amount or a part of this amount will be
made.
How will the moving of the 39 trailers be accomplished?
Please provide the details of the estimate of the $20,000.00
cost to move each of the trailers.
The City Manager pointed out that the $20,000.00 per trailer
estimate is a figure used by Federal agencies as a relocation amount.
Following discussion, it was the consensus of Council to refer
Mr. Leonard's questions to the City Manager for response.
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
SEWERS AND STORM DRAINS-EASEMENTS-CITY PROPERTY-
WATER RESOURCES: Council Member Linda F. Wyatt, Chairperson,
Water Resources Committee, presented a written report on behalf of
the Committee, with regard to execution of a document reserving a 25
foot City sanitary sewer easement on City-owned property located on
Findlay Avenue, S. E.
A staff report advised that vacant City-owned property identified
as Official Tax No. 4260506 is located on Findlay Avenue, S. E., which
property was acquired by the City under the Garden City Mitigation
Grant project; the lot is in the flood plain and will never be developed;
the adjacent property owner desires to develop three lots for residential
use; and the parcel has been surveyed showing subdivision of the lot
into three parcels and a proposed sanitary sewer easement.
It was further advised that a 25 foot City sanitary sewer easement
is needed to provide sewer service to the adjacent lots; and the owner
of the adjacent lots has requested that the City extend the necessary
sewer lines so that the lots may be developed.
50O
ACTION:
The Water Resources Committee recommended that Council
authorize the City Manager to advertise a public hearing and, lacking
any comments to the contrary, execute the appropriate document, in
a form to be approved by the City Attorney, reserving a 25 foot City
sanitary sewer easement across City-owned property located on
Findlay Avenue, S. E.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt moved that Council concur in the recommendation of
the Water Resources Committee and schedule a public hearing for
Tuesday, January 18, 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. Trout and unanimously adopted.
PURCHASE/SALE OF PROPERTY-PARKS AND RECREATION-
DONATIONS/CONTRIBUTIONS-WATER RESOURCES: Council Member
Linda F. Wyatt, Chairperson, Water Resources Committee, presented
a written report on behalf of the Committee, with regard to property
rights donation for Ridgewood Park.
A staff report advised that the Comprehensive Parks and
Recreation Plan, adopted into the City's Comprehensive Plan in April
1981, identified problems with inequitable distribution of parks in the
City, especially in the areas annexed in the 1970's; development of a
park in the Ridgewood area would provide a partial solution to this
problem; and there are two vacant City-owned parcels identified as
Official Tax Nos. 6061019 and 6061020 that could be utilized for park
purposes.
It was further advised that two adjacent parcels identified as
Official Tax Nos. 6061023 and 6061024 are currently owned by the
Ridgewood Park Neighborhood League, and have been offered to the
City as a donation for park purposes.
The Water Resources Committee recommended that Council
authorize the City Manager to execute the necessary documents to
accept the donation of property identified as Offi~:ial Tax Nos. 6061023
and 6061024, in a form to be approved by the City Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency ordinance:
ACTION:
501
(#34630-010400) AN ORDINANCE authorizing the donation of two
parcels of land identified as Tax Map Nos. 6061023 and 6061024, upon
certain terms and conditions, for purposes of the Comprehensive Parks
and Recreation Plan; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 421.)
Ms. Wyatt moved the adoption of Ordinance No. 34630-010400.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
EASEMENTS-APPALACHIAN POWER COMPANY-WATER
RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water
Resource~ Committee, presented a written report on behalf of the
Committee, with regard to an easement across City-owned property,
identified as Official Tax No. 6460103, to Appalachian Power Company,
located adjacent to the proposed site currently being developed for
Innotech, Incorporated, a division of Johnson & Johnson Vision
Products.
A staff report advised that vacant City-owned property identified
as Official Tax No. 6460103 lies adjacent to the proposed site currently
being developed for Innotech, Incorporated; Appalachian Power
Company (APCO) has been requested to provide electric service to the
Innotech site; and APCO proposes to provide the power through
overhead facilities across City-owned property.
It was further advised that development of the new Innotech site
adjacent to the City-owned property is currently underway; and a 20
foot easement across City-owned property has been requested by
APCO in order to extend the line to provide electric service to the
adjacent parcel.
The Water Resources Committee recommended that Council
authorize the City Manager to schedule a public hearing for Tuesday,
January 18, 2000, and lacking any comments to the contrary, authorize
execution of the appropriate document granting an easement across
City-owned property to Appalachian Power Company.
(For full text, see reports on file in the City Clerk's Office.)
502
ACTION:
ACTION:
Ms. Wyatt moved that Council concur in the recommendation of
the Water Resources Committee and schedule a public hearing for
Tuesday, January 18, 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. Trout and unanimously adopted.
BILLINGS AND COLLECTIONS-SEWERS AND STORM DRAINS-
WATER RESOURCES: Council Member Linda F. Wyatt, Chairperson,
Water Resources Committee, presented a written report on behalf of
the Committee, with regard to the sewer exemption meter credit
program.
The Water Resources Committee recommended that Council
change to the sewer exemption meter program which would require all
customers, where practical, to place meters in meter boxes to facilitate
the reading of meters by City employees, in accordance with Alternative
B of a report of the Director of Finance/Chief of Billings and Collections
under date of December 20, 1999. The Water Resources Committee
further recommended that Council hold a public hearing to provide
citizens with an opportunity to be heard prior to enacting the proposed
change.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt moved that Council schedule a public hearing for
Tuesday, January 18, 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. Hudson and unanimously adopted.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ZONING: Ordinance No. 34610, rezoning a 2.18-acre, more or
less, parcel of land located on the southeast side of Orange Avenue,
N. E., approximately 150 feet north of its intersection with Mecca Street,
identified as Official Tax No. 7090408, from LM, Light Manufacturing
District, to C-2, General Commercial District, subject to certain proffers
contained in a petition filed in the Office of the City Clerk on October 7,
1999, having previously been before the Council for its first reading on
Monday, December 20, 1999, 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:
ACTION:
5O3
(#34610-010400) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 709, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 62, page 402.)
Mr. Harris moved the adoption of Ordinance No. 34610-010400.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
ZONING: Ordinance No. 34611, rezoning property located at 401
Albemarle Avenue, S. E., identified as Official Tax Nos. 4022201,
4022211,4022212 and 4022223, from HM, Heavy Manufacturing District,
to LM, Light Manufacturing District, subject to certain proffers
contained in the First Amended Petition filed in the Office of the City
Clerk on October 8, 1999, having previously been before the Council for
its first reading on Monday, December 20, 1999, 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:
(#34611-010400) AN ORDINANCE to amend §36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet No. 402, Sectional 1976
Zone Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 62, page 404.)
Mr. White moved the adoption of Ordinance No. 34611-010400.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
CITY PROPERTY-LEASES-WATER RESOURCES: Ordinance No.
34614, authorizing the proper City officials to extend the lease
agreement between the City and Budget Rent A Car Systems, Inc., for
a term of five years, effective January 1,2000, and ending December 31,
2004, for a total lease fee of $55,923.40 over the five-year period, upon
504
ACTION:
such terms and conditions as more particularly described in a report
of the Water Resources Committee under date of December 6, 1999, for
the use of a 1.0-acre portion of a 12.93-acre parcel of City-owned
property located on Municipal Road, N. W., for said corporation's
facilities for the maintenance, servicing and storage of vehicles, upon
certain terms and conditions, having previously been before the
Council for its first reading on Monday, December 20, 1999, 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:
(#34614-010400) AN ORDINANCE authorizing the proper City
officials to extend the lease agreement between the City and Budget
Rent A Car Systems, Inc., for a period of five years, for the use of a 1.0-
acre portion of a 12.93-acre parcel of City-owned property located on
Municipal Road, N. W., for said corporation's facilities for the
maintenance, servicing and storage of vehicles, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 405.)
Mr. White moved the adoption of Ordinance No. 34614-010400.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-
LANDMARKS/HISTORIC PRESERVATION-ECONOMIC DEVELOPMENT:
Ordinance No. 34616, authorizing the City Manager to execute a
Contract of Sale, a deed and any other necessary documents providing
for the fee simple conveyance to Henry Smith Pritchett of City-owned
property, identified as Official Tax No. 1011512 and commonly known
as 118 West Campbell Avenue; and further authorizing the City
Manager to execute a Deed of Easement granting an historic
preservation easement on Official Tax No. 1011512 to the Virginia
Board of Historic Resources, upon certain terms and conditions, having
previously been before the Council for its first reading on Monday,
December 20, 1999, 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:
ACTION:
505
(#34616-010400) AN ORDINANCE authorizing the City Manager to
execute the Contract of Sale, the deed and any other necessary
documents providing for the fee simple conveyance to Henry Smith
Pritchett of City-owned property, identified by Official Tax No. 1011612
and commonly known as 118 West Campbell Avenue; and authorizing
the City Manager to execute a Deed of Easement granting an historic
preservation easement on Official Tax Map No. 1011512 to the Virginia
Board of Historic Resources, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 406.)
Mr. Harris moved the adoption of Ordinance No. 34616-010400.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-INDUSTRIES:
Ordinance No. 34617, providing for the fee simple conveyance of a
three-foot strip of City-owned property to Insystems Technologies, Ltd.,
identified as Official Tax No. 1010310, containing 130 square feet, and
located on Norfolk Avenue, S. W., upon certain terms and conditions,
having previously been before the Council for its first reading on
Monday, December 20, 1999, read and adopted on its first reading and
laid over, was again before the body, Mr. Trout offering the following for
its second reading and final adoption:
(#34617-010400) AN ORDINANCE providing for the fee simple
conveyance of a three-foot strip of City-owned property to Insystems
Technologies, Ltd., identified by Official Tax Map No. 1010310
containing 130 square feet, and located on Norfolk Avenue, S. W., upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 407.)
Mr. Trout moved the adoption of Ordinance No. 34617-010400.
The motion was seconded by Mr. Harris and adopted by the following
vote:
50:6
AYES: COuncil Members Wyatt, Harris, Hudson, Swain, Trout,
White and Mayor Bowers ............................................................. 7.
NAYS: None ...................................................................... -0.
COUNCIL: Ordinance No. 34609, on second reading, establishing
the annual salaries of the Mayor, Vice-Mayor and Council Members for
the fiscal year beginning July 1, 2000, was withdrawn by mutual
consent of the Council.
CREDIT UNION: Mr. Trout moved that the following ordinance
providing for the lease of a small area in the Second Floor Lobby of the
Municipal Building for placement by the Roanoke Valley Federal Credit
Union of an automatic teller machine for a period of five years, be
placed upon its first reading:
(#34631) AN ORDINANCE authorizing and directing the proper
City officials to enter into a five-year lease between the City and the
Roanoke Valley Federal Credit Union leasing a small area in the Second
Floor Lobby of the Municipal Building for the placement by the Credit
Union of an automatic teller machine (ATM), pursuant to certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 426.)
The motion was seconded by Mr. Harris and adopted by the
following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White
and Mayor Bowers ....................................................................... 6.
NAYS: Council Member Wyatt .............................................. 1.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
BUSES-DISABLED PERSONS: Council Member Wyatt requested
that the City Manager provide a status report at the regular meeting of
Council on Monday, February 7, 2000, regarding her previous inquiry
under date of December 6, 1999, for information in connection with
STAR/CORTRAN transportation systems which do not cross
jurisdictional lines.
ACTION:
ACTION:
5O7
BUDGET-COMPLAINTS-WATER RESOURCES-SEWERS AND
STORM DRAINS: Council Member Swain expressed concern with
regard to drainage problems in certain neighborhoods of the City. For
fiscal year 2000-01 budget study, he requested a staff review of
drainage problems, associated costs based on the most critical needs,
and a proposed source of funding.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
SEWERS AND STORM DRAINS-COMPLAINTS-WATER
RESOURCES: Mr. George Gunther, P. O. Box 12353, raised questions
in regard to the format of the City's new water and sewer utility bill. He
expressed concern regarding the City's policy to penalize citizens if
their water/sewer bill is not paid within seven days of the written due
date on the bill, or a ten per cent late payment penalty, with a $2.00
minimum charge, will be imposed. He addressed the unfairness of the
late payment penalty for those persons who live on a fixed income. He
also spoke in regard to the City's policy on deposits and/or disconnect
fees, and delays in meter reading dates due to inclement weather,
weekends, holidays or unusual circumstances.
It was the consensus of Council to refer Mr. Gunther's remarks
to the Director of Finance, the City Manager and the City Treasurer for
report to Council.
At 4:35 p.m., the Mayor declared the meeting in recess.
At 4:45 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance, with the exception of Mr. Trout.
COUNCIL: With respect to the Closed Meeting just concluded, Mr.
Swain moved that each Member of City Council certify to the best of his
or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Closed Meeting was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, Harris, Hudson, Swain, White
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
508
ACTION:
ACTION:
(Council Member Trout was absent.)
OATHS OF OFFICE-COMMITTEES-ARCHITECTURAL REVIEW
BOARD: The Mayor advised that there is a vacancy on the Architectural
Review Board created by the resignation of Richard L. Jones, and
called for nominations to fill the vacancy.
Mr. Swain placed in nomination the name of Matthew Prescott.
There being no further nominations, Mr. Prescott was appointed
as a member of the Architectural Review Board, for a term ending
October 1, 2003, by the following vote:
FOR MR. PRESCOTT: Council Members Wyatt, Harris, Hudson,
Swain, White and Mayor Bowers ................................................... 6.
(Council Member Trout was absent.)
OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor advised
that there is a vacancy on the Virginia Western Community College
Board created by the expiration of the term of William R. Reid, and
called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Michael F. Urbanski.
Thers being no further nominations, Mr. Urbanski was appointed
as a member of the Virginia Western Community College Board, for a
term ending June 30, 2003, by the following vote:
FOR MR. URBANSKI: Council Members Wyatt, Harris, Hudson,
Swain, White and Mayor Bowers ................................................... 6.
(Council Member Trout was absent.)
OATHS OF OFFICE-COMMITTEES-ZONING: The Mayor advised
that there is a vacancy on the Board of Zoning Appeals created by the
resignation of Robert Copty, and called for nominations to fill the
vacancy.
Mr. Hudson placed in nomination the name of Sydnor W.
Brizendine, Jr.
There being no further nominations, Mr. Brizendine was
appointeci as a member of the Board of Zoning Appeals, for a term
ending December 31, 2001, by the following vote:
509
ACTION: FOR MR. BRIZENDINE: Council Membem Wyatt, Harris, Hudson,
Swain, White and Mayor Bowers ................................................... 6.
(Council Member Trout was absent.)
There being no further business, the Mayor declared the meeting adjourned
at 4:50 p.m.
Mary F. P~ar er
APPROVED
City Clerk Mayor
510
SPECIAL SESSION ..... ROANOKE CITY COUNCIL
January 10, 2000
10:30 a.m.
The Council of the City of Roanoke met in special session on Monday,
January 10, 2000, at 10:30 a.m., in the City Council Chamber, fourth floor, Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers
presiding, pursuant to Section 10, Meetings of CounCil of the Charter of the City of
Roanoke.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., James O.
Trout, William White, Sr., and Mayor David A. Bowers ........................................ 5.
ABSENT: Council Members Carroll E. Swain (arrived during the Closed
Meeting) and Linda F. Wyatt ............................................................................ 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 meeting was opened with a prayer by Vice-Mayor C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
COUNCIL-PUBLIC WORKS: The Mayor referred to the following
communication calling the special meeting of Council:
"January 7, 2000
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
Pursuant to Section 10, Meetings of Council, of the Charter of the City
of Roanoke, I am calling a Special Meeting of the Roanoke City Council
on Monday, January 10, 2000, at 10:30 a.m., in the City Council
Chamber, 215 Church Avenue, S. W. The purpose of the Special
511
Meeting is to consider a request of the City Attorney for a Closed
Meeting to discuss a matter of probable litigation, and to take, in open
session, any action arising therefrom deemed necessary by Council.
Sincerely,
(S)David A. Bowers
Mayor
DAB:lo
pc:
Darlene L. Burcham, City Manager
James D. Ritchie, Sr., Assistant City Manager
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
Mary F. Parker, City Clerk
Robert H. Bird, Municipal Auditor
Willard N. Claytor, Director, Real Estate Valuation
Kit B. Kiser, Director, Utilities and Operations
George C. Snead, Jr., Director, Public Safety
Glenn D. Radcliffe, Director, Human Development
Robert K. Bengtson, Acting Director, Public Works"
Mr. Harris moved that Council convene in Closed Meeting to discuss 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. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Trout, White and Mayor Bowers .... 5.
NAYS: None ......................................................................................... -0.
(Council Members Swain and Wyatt were absent.)
At 10:35 a.m., the Mayor declared the meeting in recess.
At 11:20 a.m., the meeting reconvened in the Council Chamber, with Mayor
Bowers presiding and all Members of the Council in attendance, with the exception
of Council Member Wyatt. (Council Member Swain entered the meeting during the
Closed Meeting.)
COUNCIL: Mr. Swain moved that each Member of 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
512
(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. Hudson and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White, and
Mayor Bowers ........................................................................................... 6.
NAYS: None ......................................................................................... 0.
(Council Member Wyatt was absent.)
COUNCIL-PUBLIC WORKS: Mr. Harris offered the following resolution:
(#34632-011000) A RESOLUTION authorizing and directing the City Manager
and/or the Assistant City Manager to execute for and on behalf of the City a Plea
Agreement with the United States Attorney for the Western District of Virginia
resolving the federal criminal investigation of the City, including the City's Public
Works Service Center, by the U. S. Attorney's Office and the Environmental
Protection Agency (EPA), upon certain terms and conditions; and authorizing the
City Manager and/or the Assistant City Manager to take such further action and to
execute and provide such further documents as may be necessary to comply with
and/or implement the provisions of the said Plea Agreement.
(For full text of Resolution, see Resolution Book No. 62, page 422.)
Mr. Harris moved the adoption of Resolution No. 34632-011000. The motion
was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White, and
Mayor Bowers ............................................................................................ 6.
NAYS: None .................................................... ~ ................................. 0.
(Council Member Wyatt was absent.)
Mr. Harris offered the following emergency ordinance:
(#34633-011000) AN ORDINANCE to amend and reordain certain sections of
the 1999-2000 General and Capital Projects Fund Appropriations, and providing for
an emergency.
(For full text of Resolution, see Resolution Book No. 62, page 424.)
Mr. Harris moved the adoption of Ordinance No. 34633-011000. The motion
was seconded by Mr. Swain and adopted by the following vote:
513
AYES: Council Membem Harris, Hudson, Swain, Trout, White and
Mayor Bowers ................................................................................................ 6.
NAYS: None .......................................................................................... 0.
(Council Member Wyatt was absent.)
There being no further business, the Mayor declared the special meeting
adjourned at 11:25 a.m.
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
514
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
January 18, 2000
12:15 p.m.
The Council of the City of Roanoke met in regular session, on Tuesday,
January 18, 2000, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular
Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979),
as amended.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A.
Bowers 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.
ROANOKE NEIGHBORHOOD PARTNERSHIP-ROANOKE RENAISSANCE: The
Assistant City Manager introduced a briefing on the Roanoke Renaissance Program.
He advised that since the latter part of 1997, a group of citizens and organizational
representatives have worked to identify ways to improve Roanoke's neighborhoods,
particularly the inner city neighborhoods. He introduced Co-Chairs Paula Prince and
Matthew Kennell for a briefing.
Mr. Kennell and Ms. Prince advised that Roanoke Renaissance is an attempt
to tie the downtown area to the neighborhoods and to focus on the core of the City's
neighborhoods; the focus of Roanoke Renaissance was initiated in 1997 by then City
Manager, W. Robert Herbert, in response to a series of articles published in
The Roanoke Times highlighting certain deterioration of some of Roanoke's
previously inner city neighborhoods. They noted that Roanoke Renaissance
included representatives from community organizations, churches, neighborhood
organizations, and governmental agencies; a coordinating team was established and
the first efforts were to review existing studies, plans and assessments that had
been done to address these issues previously; and strategies were identified and
developed that would enhance Roanoke's neighborhoods.
They explained that what Roanoke Renaissance did and continues to do was
to provide a means to coordinate, organize and monitor efforts of the community and
local government which seek to provide vital and healthy neighborhoods;
515
participants worked to facilitate new partnerships and to strengthen existing
relationships among existing organizations; and services were identified that
address community needs and serve as a clearing house and advocate in regard to
addressing the needs, goals and progress of Roanoke's neighborhoods.
The Co-Chairs pointed out that every organization needs a vision and the
vision of Roanoke Renaissance was that Roanoke's neighborhoods will be healthy,
attractive and dynamic communities where everyone shares a quality of life; the
vision led to the mission statement which focused on the entire community; and the
mission of Roanoke Renaissance was to develop a liveable community of healthy
neighborhoods thatsupport strong families, protect the environment, provide quality
education, and support cultural opportunities to insure social justice.
They advised that participants designed policies and activities that the
community as a whole could implementwhich were to stabilize, enhance and protect
Roanoke's older neighborhoods, including short term goals, medium range goals
and goals five years into the future; basic principals were identified to make this
happen with comprehensive goals and objectives to improve Roanoke's
neighborhoods, based and expanded upon previous plans, and every
recommendation in Roanoke Renaissance was action oriented and realistic, with
shared responsibility among all stakeholders.
Ms. Prince and Mr. Kennell explained that the organizational structure is
composed of a coordinating committee, City staff consisting of Daniel Pollock, a
technical working group leader and a large number of citizens who participated on
eight technical working groups; the eight technical working groups were economic
development, education, community development, housing, social and human
services, crime and public safety, transportation, and leadership development;
priorities included advocacy for the development of neighborhood plans which
resulted in the hiring of two additional neighborhood planners by the City, support,
funding and implementation of a community health center, support for
implementation and expansion of the Rental Inspection Program, increasing the
number of preschool child care services, support for increased student achievement
in vocational training to support the local labor market, increasing emphasis on the
prosecution of building code violations, support for the COPE program, support for
the small business development center, redevelopment of all vacant City lots, and
establishing a funding pool to finance priorities.
They noted that many community groups have endorsed the efforts of
Roanoke Renaissance such as Downtown Roanoke, Inc., Roanoke Regional
Chamber of Commerce, Council of Community Services, Regional Housing Network,
and the Roanoke Valley Association of Realtors. The Co-Chairs advised that the
importance of Roanoke Renaissance was stressed in order to accomplish its goals,
and, in order to accomplish goals of the program, the solid support of City Council
is needed through formal recognition by Council of Roanoke Renaissance as a
51'6
commission, or in any other manner recommended by the City Manager; designation
of staff for five to ten hours per week to assist with administrative tasks and to
review alternative sources of funding, other than the City, in order to accomplish
some of the priorities that the various groups wish to accomplish for the good of
Roanoke's neighborhoods; and Roanoke Neighborhood Renaissance is asking for
a commitment from Council and from the City administration to move forward with
implementation of the program.
It was the consensus of Council that the City Manager and the City Attorney
be requested to prepare the proper measure endorsing the Roanoke Neighborhood
Renaissance Program, recognizing those issues that have been accomplished by
the City, listing those issues that need to be addressed, and formally recognizing the
contributions of those persons and organizations that participated in formulating the
program.
HOUSING/AUTHORITY-RENTAL INSPECTION PROGRAM: George C. Snead,
Jr., Director, Public Safety, introduced a briefing on the evaluation of the City's
Rental Certificate of Compliance Program, also known as the Rental Inspection
Program, which is an effort to continually improve the quality of life for all of
Roanoke's citizens. He called attention to substantial participation by various
groups in the evaluation; and advised that in 1996, Council adopted the Certificate
of Compliance Program for rental units and concurrent with Council's action was a
goal to evaluate the Rental Inspection Program after it had been in place for two
years. He stated that in early 1999, the City Manager appointed a group of persons
to evaluate the program and enlisted the assistance of the Regional Housing
Network. He noted that no formal action by Council will be requested today;
however, the City Manager will submit a formal report to Council in February based
upon the evaluation; whereupon, he recognized the Chairperson of the Evaluation
Committee and President of the Roanoke Regional Housing Network, Bill Poe, for
a more detailed briefing.
Mr. Poe advised that the evaluation process started in the spring of 1999 and
the evaluation committee consisted of David Bidler, representing The Legal Aid
Society; Ted Edlich, representing Total Action Against Poverty; Chris Muse,
representing Old Southwest, Inc.; William Skeen, representing the Roanoke
Neighborhood Partnership Steering Committee; Thomas Skelley, a citizen with
investor interests, George C. Snead, Mariam Alam Stacey, Daniel Pollock,
representing the City of Roanoke; Dana Walker, representing the Property Investors
Association; John Sabean, representing the Council of Community Services; and
himself representing the Roanoke Regional Housing Network. He stated that
approximately 12 meetings were held over a 12 month period and during that time,
two public forums were held with approximately 60 persons in attendance
composed of landlords, tenants, activists, property managers, neighborhood
groups, etc., and from those meetings and subsequent committee meetings,14
issues were identified to be discussed in the program which addressed the
517
redundance and overlapping of inspections between the City and the Roanoke
Redevelopment and Housing Authority's Section 8 program, mandatory versus
voluntary inspections, positive incentives for good maintenance, a longer time
period between inspections, more time to make repairs, programs should be city-
wide, the program is unfair and does not address deteriorating buildings -
particularly vacant buildings, tenants do not know whether properties have been
inspected, there is no effective mechanism for identifying when a rental unit is
leased illegally, adequate funding, efficiency in program design, the court process
and whether fines are adequate, programs for financing, coordination of resources
and activities, owner responsibilities, who is responsible for bad tenants, and fees
associated with the program. He noted that those issues were discussed in detail
and alternatives were presented at another public forum in October, where there was
no general disagreement with the recommendations of the evaluation committee;
i.e.: better coordination with the Roanoke Redevelopment and Housing Authority on
the inspection of Section 8 rental housing to keep certificates within a time period
of two years; the maximum length of time to complete a repair would remain at six
months; the current fee structure should be maintained; designate additional
rehabilitation areas to expand the program area; develop informational materials for
tenants, landlords, and property managers regarding the Landlord/TenantAct, tenant
selection process, fair housing, strategy for addressing vacant housing issues;
continue to work on ways to identify rental units that are rented illegally; and
develop a funding pool to help with necessary repairs.
Mr= Poe advised that two recommendations were included in the City's
Legislative Program; i.e.: to require inspections on a regular basis rather than upon
the changing of tenancy or ownership of property; and inclusion of additional areas
to be subject to the Rental Inspection program which currently covers only
conservation/rehabilitation areas.
Ms. Wyatt suggested a review as to the feasibility of providing certain
incentives, for example: a three to five per cent, or the cost of repairs, whichever is
less, reduction in real estate taxes on a one time basis, if a structure is brought into
code compliance within a specified period of time. She stated that in future years,
the City will recoup the revenue because property values will increase.
Following questions by the Members of Council, and without objection by
Council, the Mayor advised that the briefing would be received and filed.
At 1:07 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Tuesday, January 18, 2000, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
518
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A.
Bowers ........................................................................................................ 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 Vice-Mayor C. Nelson
Harris.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
PRESENTATIONS:
DECEASED PERSONS: Mr. Trout offered the following resolution
memorializing the late George W. Sanderson, civic leader:
(#34634-011800) A RESOLUTION memorializing the late
George W. Sanderson.
(For full text of Resolution, see Resolution Book No. 62, page 427.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34634-011800.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS:None ....................................................................... 0.
The Mayor presented a ceremonial copy of Resolution No. 34634-
011800 to Mrs. Sanderson.
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
ACTION:
ACTION:
519
called specific attention to two requests for a Closed Meeting to
discuss acquisition and 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; and to discuss
personnel matters with regard to vacancies on various authorities,
boards, commissions and committees appointed by the Council.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in 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. White 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. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
CITY MANAGER: A report of the City Manager requesting that
Council convene in a Closed Meeting to discuss acquisition and
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, pursuant to Section 2.1-344 (A)(5), Code
of Virginia (1950), as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the City
Manager to convene in a Closed Meeting to discuss acquisition and
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, pursuant to Section 2.1-344 (A)(5), Code
of Virginia (1950), as amended. The motion was seconded by Mr. Swain
and adopted by the following vote:
520
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
CITY GOVERNMENT: A report of the City Manager in response to
Council's request of December 20, 1999, regarding Year 2000
preparation costs, was before Council.
It was advised that the City began addressing the Year 2000
computer problem several years ago; each system was analyzed to
determine the most effective approach in making it compliant; and the
maximum total cost attributed to Y2K is $3,707,422.00; however,
$3,117,422.00 can be attributed to the .replacement of five obsolete
systems that were otherwise planned for replacement within this same
time period; and costs directly related to the Y2K migration are
$590,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ...................................................................... 0.
CMERP-FLEET MAINTENANCE FUND-EQUIPMENT: A report of
the City Manager in connection with an inquiry of Council Member
Swain as to tool replacement in the Department of Fleet Management,
was before Council.
It was further advised that a report under date of January 4, 2000
regarding fund appropriations from the Capital Maintenance and
Equipment Replacement Program (CMERP) included a $40,510.00
appropriation for "hand and power tools" in Fleet Management, and
included a statement indicating that "many tools are broken, worn-out
or outdated and have not been replaced since 1981", which prompted
Council Member Swain to request a report on how this situation
developed and the City's plan to address the matter in the future.
The City Manager explained that since 1981, replacement of
broken tools has been an ongoing activity in an attempt to meet the
basic needs of City mechanics; funding is available through the Fleet
521
ACTION:
Management operating budget, which has annually averaged $4,000.00
for this purpose; however, the time had come in fiscal year 1999-2000
to address the need for a significant upgrade of outdated tools; an
upgrade would primarily address changes as a result of equipment
makers that are manufacturing vehicles which require specialized tools
for vehicle maintenance; and to sustain this effort, Fleet Management
will, on an annual basis, seek to secure the appropriate funds in its
annual operating budget.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
BUSES-DISABLED PERSONS: A report of the City Manager with
regard to an inquiry by Council Member Wyatt as to a reciprocal
agreement that would allow CORTRAN and STAR transportation
systems to cross jurisdictional lines, was before Council. The report
also addressed a communication from the Mayor under date of
December 30, 1999, requesting that the current transportation service
for disabled citizens be reviewed and that a brief overview of both
programs and options regarding possible alternatives be provided.
It was advised that currently, Greater Roanoke Transit Company
(GRTC) contracts with RADAR to provide STAR service; STAR service
is required by the Federal Transit Administration because GRTC
receives Federal funds for public transit; STAR provides transportation
for disabled citizens that reside within the City of Roanoke, and is
mandated by the Americans With Disabilities Act (ADA); STAR service
will transport passengers to and from any area within three-fourths of
a mile from the current Valley Metro fixed bus routes, and operates the
same hours as Valley Metro, i. e. 5:45 a.m. - 8:45 p.m., Monday thru
Saturday; GRTC presently pays RADAR $12.00 per trip, which is
anticipated to increase in the next fiscal year; and the fare charged to
citizens is limited to $2.50 per trip by Federal regulation, and
consequently, each trip is subsidized by $9.50.
It was further advised that CORTRAN, the Roanoke County van
service, is not mandated by the Americans With Disabilities Act
because Roanoke County does not receive Federal funds for public
522
ACTION:
transit; CORTRAN provides transportation service for elderly and
disabled County residents throughout Roanoke County, by transporting
County citizens anywhere within the borders of Roanoke County, as
well as the City of Roanoke and the City of Salem, between the hours
of 7:30 a.m. - 5:30 p.m., Monday - Friday; and Roanoke County also
contracts with RADAR to provide this service, and because of their
larger service area, the cost is approximately $18.00 per trip, and the
fare charged to CORTAN passengers is $3.50.
It was explained that RADAR recently received a Job
Access/Reverse Commute grant and will begin a deviated fixed route
service in Roanoke County, along the Route 419 corridor, and along
West Main Street in Salem, which is anticipated to begin in the spring
of the year 2000; the new transit service will be coordinated with Valley
Metro and STAR; passengers will, at that time, be able to transfer from
one service to the next free of charge, which will provide transportation
for City residents to County areas at no additional cost to GRTC or to
the City of Roanoke; if Council requests that the current STAR systems
be expanded, additional funding will be needed; and two options were
presented that Council and the GRTC Board of Directors could
consider, *along with the anticipated financial impact.
The City Manager recommended that passengers take advantage
of the new service to be offered this spring by the Job Access/Reverse
Commuter grant, which will provide a deviated fixed route service along
the Route 419 corridor and West Main Street in Salem.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None .......................................... ~ ............................ 0.
SEWERS AND STORM DRAINS-BILLINGS AND COLLECTIONS-
WATER RESOURCES: A report of the City Manager, Director of Finance
and City Treasurer in response to concerns expressed by Mr. George
Gunther at the January 4, 2000, meeting of Council, was before the
body.
ACTION:
523
It was advised that Mr~ Gunther's concerns pertained to
water/sewer service billing; whereupon, they addressed the various
issues, and explained that as with all major changes, customers will
become more accustomed to the new bill form over time, and the City
has used brochures, City Page articles and the CityWeb to help inform
customers of new changes and billing form.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
TAXES-REAL ESTATE VALUATION: A report of 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 year 2000-01; and "Change of Assessment Notices"
will be mailed to property owners on January 18, 2000, was before
Council.
ACTION:
It was further advised that the real estate tax base increased
approximately 2.8 per cent due to this year's annual reassessment;
overall, the general reassessment program and new construction
indicate .growth of 4.5 per cent in the real estate tax base to July 1,
2000, which is up slightly from last year's 4.4 per cent rate; individual
property assessments vary widely from the City-wide average of 2.8 per
cent; most assessment changes will range from three per cent to seven
per cent, with a majority at five per cent or less; and assessment
appeals will be conducted from January 18 through February 15, 2000.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be received and filed. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
524
ACTION:
ACTION:
OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD
PARTNERSHIP: A communication from Judy A. Bower tendering her
resignation as a member of the Roanoke Neighborhood Partnership
Steering Committee, effective immediately, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the communication be received and filed,
and that the resignation be accepted. The motion was seconded by Mr.
Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
ZONING-ROANOKE NEIGHBORHOOD PARTNERSHIP-FIFTH
PLANNING DISTRICT COMMISSION-OATHS OF OFFICE-COMMITTEES:
The following reports of qualification were before Council:
Sydnor W. Brizendine, Jr., and Willard G. Light as
members of the Board of Zoning Appeals for terms ending
December 31, 2001 and December 31, 2002, respectively;
Shirley M. Bethel, Alfred T. Dowe, Jr., and Mark A. Harris
as members of the Roanoke Neighborhood Partnership
Steering Committee, for terms ending November 30, 2003;
and
David K. Lisk as a
Alleghany Regional
December 31, 2002.
member of the Roanoke Valley-
Commission, for a term ending
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
525
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
BUDGET-CAMP JAYCEE: William B. Robertson, Founder, Camp
Virginia Jaycee, Inc., appeared before Council and advised that since
the Camp was established in approximately 1969, over 31,000
individuals throughout the Commonwealth of Virginia with mental
retardation have been served. He further advised that in 1969, there
were approximately 7,500 Jaycees, which increased to 13,000 in 1987-
88; however, the numbers have now diminished to fewer than 2,300
Jaycees across the Commonwealth, which means that the Board of
Directors and those connected with Camp Virginia Jaycee must look to
alternate sources of funding; therefor, the Board of Directors elected
to enter into a $3 million capital campaign. He introduced Everett
Werness, President, Camp Virginia Jaycee, Inc., and Ms. Martha Parrott
and her son, Hank.
Mr. Werness advised that the Board of Directors proposes to
place $2.5 million into an endowment fund and use the annual interest
to send children to camp, with the remaining $500,000.00 to be used for
necessary building repairs.
Ms. Parrott advised that her son Hank was born with a genetic
disability, and two years ago, he attended Camp Virginia Jaycee for the
first time, participating in such activities as horseback riding, sifting
around a camp fire at night, and other activities that are adapted for
persons with disabilities. She stated that Camp Virginia Jaycee
provides a vital service for people like Hank and encouraged the City
to support the program.
Mr. Robertson requested that the City of Roanoke consider a gift
of $50,000.00 over a period of five years to help insure that Camp
Virginia Jaycee will continue to serve persons with mental disabilities.
Mr. Swain moved that the request be referred to 2000-01 budget
study. The motion was seconded by Mr. Hudson and unanimously
adopted.
PETITIONS AND COMMUNICATIONS:
526
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation of $15,000.00 for the Chess
Program to fund chess materials and tournament participation costs,
advising that this continuing grant program is funded with a private
donation, was before Council.
The School Board further requested a transfer of funds
($32,777.00) from General Fund Capital Outlay, to provide for interest
expense charged by the State for cash advances against the Literary
Fund loan for the Addison Aerospace Middle School renovation project.
A report of the Director of Finance recommending that Council
concur in the requests of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34635-011800) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 School Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 428.)
ACTION:
Mr. Hudson moved the adoption of Ordinance No. 34635-011800.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CITY CODE-ZONING: The City Manager introduced a briefing on
a proposed zoning ordinance amendment thatwould have an impact on
approximately ten neighborhoods in the City of Roanoke; i. e.: a
527
proposed amendment and revision to Chapter 36.1, Zoning, Code of the
City of Roanoke (1979) as amended, to permit accessory apartments
outright, and to permit two-family dwellings by special exception, which
is scheduled for public hearing at the 7:00 p.m., Council session.
Evelyn S. Lander, Chief, Planning and Community Development,
presented a briefing on a public hearing that will be held by Council at
its 7:00 p.m., session this evening regarding the residential multi-family
Iow density zoning district. She advised that approximately 45 per cent
of the entire City is zoned for multi-family development, with about 30
per cent in the RM-1, Residential Multi-Family Low Density District,
which is a high percentage of multi-family housing within the City, and
a healthy mix for an urban area such as Roanoke is in the range of 25 -
30 per cent. She explained that the recommendation of the City
Planning Commission and Planning staff is intended to address the
manner in which lots are developed for a two family dwelling, or
otherwise known as a duplex, and the density of persons housed on a
single lot. She emphasized that the issue is not about rental property
versus homeowner.
Ms. Lander explained that specifically, the City Planning
Commission is recommending an increase in the lot size required for
a duplex to 7,000 square feet as opposed to the existing 5,000 square
feet provided for in the Zoning Ordinance. She stated that prior to 1987,
the City Code required 7,000 square feet for a duplex; however, this
requirement was deleted when the Zoning Ordinance was streamlined
to reduce the number of multi-family zones in the City. She noted that
any new duplex construction or conversion of an existing residence
will require a special exception permit from the Board of Zoning
Appeals, a public hearing will be held, affected property owners will be
notified, and the appropriateness of the development will be considered
in accordance with standards as set forth in the Zoning Ordinance,
such as the amount of traffic that will be generated, availability of
utilities, and whether or not the development is compatible with the
character and appearance of the adjoining neighborhood. She advised
that also included is an affordable housing provision which makes it
easier for a home owner to have an accessory apartment in their home
which can be as large as up to 25 per cent of the floor area of the
existing structure. She noted that accessory apartments are currently
allowed in all residential districts by special exception permit.
Ms. Lander explained that under the proposed provision in the
RM-1 District, a home owner will be permitted to obtain a permit from
the Zoning Administrator, based upon the same standards that
currently exist in the Zoning Ordinance, and this provision was
528
included in direct response to neighborhood comments received during
the study of multi-family zoning issues in Raleigh Court. She stated that
all existing duplexes would be considered legally conforming uses
under the proposed ordinance; however, if a duplex is destroyed by
greater than 50 per cent, it must have a lot area of 7,000 square feet in
order to rebuild, or the property owner will be required to obtain a
variance from the Board of Zoning Appeals. She explained that the
amendment is needed to balance the amount of multi-family and single-
family housing that could be developed in the City, and as previously
mentioned, approximately 45 per cent of the City is zoned for multi-
family and each one of these individual properties could ultimately be
converted to multi-family or built on as multi-family.
Ms. Lander stated that the goal of the City Planning Commission
is to provide a healthy mix of housing types that provide affordable
housing for all persons, while encouraging quality development that
will enhance property investment and quality of life for all persons. She
further stated that the stabilization of the City's neighborhoods and
enhancement of the built environment is very important to Roanoke's
future; the RM-1 amendment is one tool to help address housing
density and lot development and the amendment will help to evaluate
how development occurs in existing neighborhoods, as well as to
protect neighborhood character.
Ms. Lander advised that while this amendment was developed
over several meetings with the Greater Raleigh Court Civic League, the
City Planning Commission and staff also worked with the Roanoke
Valley Home Builders Association and the Roanoke Valley Association
of Realtors, because the proposed amendment does have an effect on
all other City neighborhoods where there is RM-1 zoning. She stated
that other neighborhood leaders were invited to attend the meetings
which were held in Raleigh Court to hear zoning and multi-family issues
because they are also issues that affect other neighborhoods; and
other neighborhoods that have the RM-I zoning include Williamson
Road, Hollins Road, Southeast Roanoke, Garden City, Villa Heights, and
Melrose/Rugby, etc. She noted that Planning staff attended various
neighborhood meetings to discuss the proposal, and neighborhood
leaders attended the City Planning Commission public hearing that was
held in December, 1999, in support of the proposed zoning amendment.
Ms. Lander explained that if the proposed amendment is not
approved by Council, the City will continue to have lots developed for
two family purposes that are 5,000 square feet in size, which means
that there will be a continuation of the overcrowding issues that
neighbort,oods are currently experiencing by permitting more people
529
on a small lot and the parking of vehicles on the premises that reduces
the amount of available green space, thus, affecting the quality of life
for all residents and property owners whether they own or rent the
property. She added that there is also a concern that there will
continue to be the conversion of existing single-family houses into
multi-family dwellings, which is of primary concern to residents of
Raleigh Court.
In conclusion, Ms. Lander stated that the proposed RM-I
amendment is one tool that wi~ll help to stabilize and to balance housing
in the City, the amendment is helpful in creating the best scenario for
Roanoke's future, the proposed amendment should not be seen as one
that prevents the use of a property for a duplex, rather it should be
looked upon as allowing property investment and development using
improved standards that enhance the quality of life for all property
owners. She stated that as in Raleigh Court, when Planning staff
concludes additional neighborhood plans in other parts of the City,
existing zoning and land use patterns will be reviewed, along with
consideration of additional rezoning requests, which will be forwarded
to Council in order to reduce zoning and land use conflicts.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., advised that at
the City Planning Commission public hearing, concern was expressed
regarding the provision that if a duplex is destroyed by greater than 50
per cent, it must have a lot area of 7,000 square feet in order to rebuild,
or the property owner will be required to obtain a variance from the
Board of Zoning Appeals. He stated that some property owners did not
understand why they could not rebuild the duplex as it previously
existed, and requested that Council give further consideration to that
specific provision.
Mr. George Gunther, P. O. Box 12353, Roanoke, Virginia,
expressed concern for those persons who use revenue from duplex
rental to supplement their annual income, and advised that the City
should do more to encourage people to live in Roanoke. He urged that
there be further study of the proposed amendment prior to adoption by
Council.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
530
ACTION:
PURCHASE/SALE OF PROPERTY-CITY PROPERTY: The City
Manager submitted a written report advising that Serenity Funeral
Home, LLC, identified a need to expand its facility at 126 Gilmer
Avenue, N. W.; to facilitate expansion, the City of Roanoke agreed to
sell three of its properties adjacent to the funeral home (Official Tax
Nos. 2012705, 2012706 and 2012707), which lots comprise 12,763
square feet; the City and Serenity Funeral Home entered into a certain
Contract of Sale, dated August 12, 1999, with a closing date to occur 60
days later, at a purchase price of $51,052.00 for .293 acre at $4.00 per
square foot; on September 20, 1999, the Water Resources Committee
authorized extension of the closing until December 15, 1999; however,
Serenity Funeral Home was unable to close at that time.
It was further advised that Serenity Funeral Home intended to
borrow funds from an affiliated corporation, but the funds were no
longer available; Serenity Funeral Home still desires to purchase the
property at the agreed upon purchase price and is currently seeking
requisite financing to do so; and Serenity Funeral Home has requested
an extension of the closing date until March 31, 2000.
The City Manager recommended that she be authorized to extend
the closing date to March 31, 2000, under the terms of Contract of Sale
dated August 12, 1999.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following resolution:
(#34636-011800) A RESOLUTION authorizing the City Manager to
execute any documents necessary to grant an extension of time in
which to hold the closing on the transfer of property from the City to
Serenity Funeral Home, L.L.C. (Purchaser), until March 31, 2000.
(For full text of Resolution, see Resolution Book No. 62, page 429.)
Mr. Swain moved the adoption of Resolution No. 34636-011800.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
531
CITY MARKET-CITY PROPERTY: The City Manager submitted a
written report advising that the City of Roanoke and Downtown
Associates entered into a 20 year lease of the City Market building on
January 27, 1983; however, the lease commenced on January 1, 1983;
the City Market building is leased as a food-oriented specialty retail
shopping center for the duration of the contract; the lessee shall,
during the term of the lease, maintain the premises in reasonably good
condition and repair; and the lessee shall have the right during the term
of the lease to make alterations, changes, improvements and additions
to the premises as the lessee may desire which are in conformance
with the laws and ordinances of the City, including the City's historic
district zoning regulations, provided that such work, when completed,
will not impair the structural integrity or soundness of the building and,
provided further, that if any of the lessee's proposed work would
change the exterior or interior appearance of the premises, the lessee
shall, before undertaking such work, obtain prior approval of the lessor.
It was further advised that the City and representatives of
Downtown Associates have agreed to amend that portion of the
contract with regard to repairs, which is intended to clarify the
responsibilities of the lessor and the lessee and to further ensure that
the market building remains economically sound; in concurrence with
the amended agreement, the lessor shall maintain the outside of the
building in a manner that is acceptable to the lessee and the lessor to
the extent reasonably possible and in accordance with the Uniform
Statewide Building Code, or other applicable statute, code or ordinance
in effect at the time of needed repairs; the lessee shall maintain the
inside of the building in accordance with the Uniform Statewide
Building Code, or other applicable statute, code or ordinance; the
lessee shall pay for any inside repair that is less than $1,000.00; the
lessor shall reimburse the lessee for inside repairs exceeding the
amount of $1,000.00, but said repairs must be approved by the City
Manager, or the City Manager's designee, within seven working days
before such repairs are effected; and the lessee may effect emergency
repairs of any amount, such as the emergency repair or replacement of
the HVAC system or the elevator, without prior approval by the lessor,
and the lessor shall reimburse the lessee for such repairs, in
accordance with the agreement, as amended, as long as the lessee
notifies the lessor of such repairs as soon as practicably possible and
repairs at that time are otherwise approved by the lessor.
The City Manager recommended that she be authorized to
execute and attest, respectively, Amendment No. 1 to the Agreement
dated January 27, 1999.
532
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34637) AN ORDINANCE authorizing execution of Amendment
No. 1 to the Agreement between the City ("Lessor") and Downtown
Associates ("Lessee"), dated January 27, 1983, providing for the
amendment of Paragraph No. 8 in said Agreement, said paragraph
relating to maintenance responsibilities of Lessee and Lessor.
(For full text of Ordinance, see Ordinance Book No. 62, page 455.)
The motion was seconded by Mr. Harris and adopted by the
following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ...................................................................... 0.
CITY MARKET-BUDGET-CITY PROPERTY: The City Manager
submitted a written report advising that bids for removal of the existing
canopy roof and replacement with a new roof while providing
protection for the street around the City Market Building, were received
on December 7, 1999; whereupon, the City Manager recommended that
Council authorize appropriation of $53,875.00 to remove and replace
the roof and to properly abate the asbestos containing materials at the
Market Building, in accordance with contract documents as prepared
by the Office of the City Engineer; that the Director of Finance be
authorized to establish a new Capital Projects Fund Account entitled,
"Market Building Canopy Roof Replacement", and transfer the
following funds:
From Fixed Asset Maintenance
From Capital Improvement Reserve
Buildings and Structures
Total
$25,000.00
$28,875.00
$53,875.00
Reject all other bids received by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
533
ACTION:
(#34638-011800) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 430.)
Mr. Trout moved the adoption of Ordinance No. 34638-011800.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ...................................................................... -0.
Following discussion, it was the consensus of Council that the
City Manager be requested to report to Council during fiscal year 2000-
01 budget study with a comprehensive analysis of the highest and best
use of the City Market Building. The Mayor requested that the report
include information on sidewalk cafes (does the City promote sidewalk
cafes, are there certain restrictions on sidewalk cafes should the
sidewalk under the canopy of the City Market Building be extended,
etc.), and that the City Manager also address any other pertinent areas
surrounding the City Market Building.
SEWERS AND STORM DRAINS: The City Manager submitted a
written report advising that the Roanoke River Interceptor Sewer
Replacement is part of the renovation and expansion of joint use sewer
facilities considered by Council at its meeting of December 13, 1993;
and current project cost is estimated at $66,090,790.00, with the City's
share being $25,145,096.00.
It was further advised that the project is approximately 95 per
cent complete, with a scheduled completion date of February 15, 2000;
the project included construction of a tunnel to carry the proposed
sewer near the intersection of Jefferson Street and Reserve Avenue;
the tunnel was necessary to cross under the railroad tracks and the
subject roadway intersection to avoid disruption of rail and vehicular
traffic; the tunnel construction encountered unstable soil conditions
underground that required the use of pressurized grout stabilization to
prevent cave-in of the excavation; and proposed Change Order No. $
includes all additional costs associated with grout stabilization
($375,000.00), which has been concurred in by Black & Veatch, the
City's consultant.
534
ACTION:
It was explained that Change Order No. 5 also includes the
additional cost for stabilization of soft soils under the proposed sewer
pipeline at several locations through December 20, 1999 ($85,000.00);
and the proposed change order cost is apportioned between the
participating jurisdictions, as follows:
City of Roanoke 36.7% $168,820.00
City of Salem 33.7% $155,020.00
Roanoke County 29.6% $136,160.00
Total $ 460,000.00
It was further explained that the contractor has submitted other
requests of approximately $1,000,000.00 not covered by Change Order
No. 5; and the validity of these requests are under investigation by City
staff and the consultant, and will be brought forward only if determined
to be valid and appropriate.
The City Manager recommended that she be authorized to
execute Change Order No. 5, in a form to be approved by the City
Attorney, with Alex E. Paris Contracting Co., Inc., in the total amount of
$460,000.00 and 25 additional calendar days of contract time.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency ordinance:
(#34639-011800) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. 5 to the City's contract with Alex E. Paris
Contracting Co., Inc., for the Roanoke River Interceptor Sewer
Replacement Contracts Al, A2, Bt & B2; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 432.)
Mr. White moved the adoption of Ordinance No. 34639-011800.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ...................................................................... 0.
535
TRAFFIC-STREET LIGHTS-BUDGET: The City Manager submitted
a written report advising that the Central Business District (CBD) traffic
signal system coordinates the operation of 44 signalized intersections
in the downtown area; funding in the amount of $1,350,000.00 was
included in the 1996 Bond Referendum for plans and equipment needed
to replace the existing system which has been in operation for
approximately 20 years; and it is projected that the new system may
last for 20 years.
It was further advised that the Outlook Roanoke plan, which
serves as a vision for downtown Roanoke, included a recommendation
for changing Salem Avenue and Campbell Avenue to two-way traffic;
the City's Traffic Engineering Division and the City's project consultant,
Wilbur Smith Associates, considered alternative procurement methods
and determined that "competitive negotiation for the procurement of
other than professional services" is the best method for procuring a
new computerized traffic signal system; and under this method,
proposers are required to demonstrate experience in the
implementation of traffic signal systems, including construction,
software development, integration, system maintenance and related
activities for systems similar in size and scope to the City's project.
Itwas explained that public advertisement for bids was published
in The Roanoke Times and The Roanoke Tribune; proposals were
received and publicly opened on Tuesday, October 5, 1999, from four
firms; interviews were held with each firm on November 17, 1999;
subsequent negotiations were conducted with Richardson-Wayland
Electric Corporation and Davis H. Elliot Co., Inc.; and based upon the
various criteria established for evaluation purposes, Davis H. Elliot Co.,
Inc., was selected for the project, at a contract price of $926,611.25.
The City Manager recommended that Council accept the proposal
of David H. Elliot Co., Inc., and award a contract, in the amount of
$926,611.~.5, to furnish all equipment, materials, labor, and services
necessary to provide and completely implement a fully-operational,
microcomputer-based traffic signal control system, and establish a
contingency in the amount of $90,000.00; and transfer $1,016,611.00
from Streets and Sidewalks Category of the 1996 General Obligation
Bonds to the "CBD Signal System", Account No. 008-052-9544-9001.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
53:6
ACTION:
(#34640-011800) AN ORDINANCE to amend and reordain certain
sections of the t999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 432.)
Mr. Hudson moved the adoption of Ordinance No. 34640-011800.
The motion was seconded by Mr. Trout and adopted by the following
vote:
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
Mr. Hudson offered the following emergency ordinance:
(#34641-011800) AN ORDINANCE accepting the proposal of
Davis H. Elliot Co., Inc., for the construction of the Central Business
District Traffic Signal System, 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
proposals made to the City for the work; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 433.)
Mr. Hudson moved the adoption of Ordinance No. 34641-011800.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ...................................................................... 0.
CMERP-POLICE DEPARTMENT-BUDGET-EQUIPMENT: The City
Manager submitted a written report advising that critical capital
maintenance and equipment replacement needs have been identified
for various City departments; and 16 police patrol automobiles have
been determined as critical and in need of replacement; whereupon, the
City Manager recommended that Council authorize the purchase of 16
new police patrol automobiles from Magic City Motor Corporation, for
ACTION:
a total cost of $333,184.00 and reject the other bid received by the City;
and appropriate $333,184.00 from current year Capital Maintenance and
Equipment Replacement Program to Fleet Management, Account No.
017-052-2642-9010.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34642-011800) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General and Fleet Management Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 434.)
Mr. Hudson moved the adoption of Ordinance No. 34642-011800.
The motion was seconded by Mr. Harris and adopted by the following
vote:
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
Mr. Hudson offered the following resolution:
(#34643-011800) A RESOLUTION accepting the bid of Magic City
Motor Corporation, to provide motor vehicles for use by the Police
Department; and rejecting all other bids made for such items.
(For full text of Resolution, see Resolution Book No. 62, page 436.)
Mr. Hudson moved the adoption of Resolution No. 34643-011800.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
CMERP-BUDGET-EQUIPMENT: The City Manager submitted a
written report advising that critical and time sensitive capital
maintenance and equipment replacement needs have been identified
for various City departments; whereupon, the City Manager
538
ACTION:
recommended that Council authorize the purchase of two new full size,
one-half ton pickup trucks from Pinkerton Chevrolet-GEO, Inc., for a
total cost of $30,059.20; two new full size, four-wheel drive utility
vehicles from Magic City Motor Corporation, for a total cost of
$55,534.00; reject all other bids received by the City; and appropriate
$38,146.00, as follows:
$26,330.00 from prior year Capital Maintenance and
Equipment Replacement Program to Fleet Management
Account No. 017-052-2642-9010.
$11,816.00 from current year Capital Maintenance and
Equipment Replacement Program to Fleet Management
Account No. 017-052-2642-9010.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34644-011800) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General and Fleet Management Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 437.)
Mr. Harris moved the adoption of Ordinance No. 34644-011800.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
Mr. Harris offered the following resolution:
(#34645-011800) A RESOLUTION accepting bids made to the City
for furnishing and delivering vehicles, upon certain terms and
conditions; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 62, page 438.)
Mr. Harris moved the adoption of Resolution No. 34645-011800.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
539
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
CMERP-FIRE DEPARTMENT-EMERGENCY SERVICES-
EQUIPMENT: The City Manager submitted a written report advising that
critical capital maintenance and equipment replacement needs have
been identified for various City departments; there is a need to replace
two ambulances in the Fire/EMS Department which are experiencing
high mileage, increased maintenance cost and downtime, all of which
causes concerns with regard to reliability; whereupon, the City
Manager recommended that Council authorize the purchase of two new
ambulances from Wheeled Coach, N. C., Inc., for a total cost of
$127,680.00; and reject all other bids received by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following resolution:
(#34646-011800) A RESOLUTION accepting the bid of Wheeled
Coach, N.C., Inc., for the purchase of two new ambulances, upon
certain terms and conditions; and rejecting all other bids made forsuch
items.
ACTION:
(For full text of Resolution, see Resolution Book No. 62, page 439.)
Mr. Harris moved the adoption of Resolution No. 34646-011800.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
BUDGET-WATER RESOURCES: The City Manager submitted a
written report advising that the Safe Drinking Water Act (SDWA), 1996
Amendment, required states to develop a comprehensive Source Water
Assessment Program that will identify the boundaries of the
assessment areas that supply public water, which includes delineation
and mapping referenced in Exhibit B of the Source Water Assessment
540
ACTION:
Grant; inventory contaminants and assess water system susceptibility
to contamination which includes land use activity inventory referenced
in Exhibit B of the Source Water Assessment Grant; and inform the
public of the results.
It was further advised that the deadline to complete the Source
Water Assessment for the City of Roanoke is October 31, 2001; the
Roanoke City Water Department submitted an application for financial
assistance to prepare the Source Water Assessment for Carvins Cove;
the Source Water Assessment Grant Agreement has been tentatively
approved by the State and needs to be accepted by the City of Roanoke
and returned to the Department of Health by February 1, 2000; the
Source Water Assessment Grant provides financial assistance to the
City of Roanoke, in the total amount of $40,000.00 (consisting of
$20,000.00 for the Land Use Activity Inventory and $20,000.00 for
Delineation and Mapping) for preparation of the Assessment; and funds
will be used to pay or to supplement other water funds to pay a
consultant to work with City staff, the Virginia Department of Health,
and the State and land situated in Roanoke, Botetourt and Bedford
Counties to develop Source Water Protection Plans.
The City Manager recommended that she be authorized to accept
the Source Water Assessment Grant, in the amount of $40,000.00, and
execute the requisite grant agreement and documents relating thereto;
and authorize the Director of Finance to establish an account in the
Water Department budget to monitor the expenditure of the grant and
additional funds as appropriated to complete the Source Water
Assessment.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34647-011800) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Water Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 440.)
Mr. Trout moved the adoption of Ordinance No. 34647-011800.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
Mr. Trout offered the following resolution:
(#34648-011800) A RESOLUTION accepting the Source Water
Assessment Grant offer made to the City by the Commonwealth of
Virginia, Department of Health, and authorizing execution of any
required documentation on behalf of the City.
(For full text of Resolution, see Resolution Book'No. 62, page 441.)
Mr. Trout moved the adoption of Resolution No. 34648-011800.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
541
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
BUDGET-WATER RESOURCES: The City Manager submitted a
written report advising that demand for new services, hydrants and
lines created by a strong economy has exceeded the budget
expenditure estimate, and revenue received to date for new services
has exceeded the budget estimate; Council, on June 7, 1999,
determined that a water supply emergency existed and approved a
Water Conservation Plan; the City has purchased water from the City
of Salem, Roanoke County and the Town of Vinton from July 1, 1999,
through December 22, 1999, and has successfully reduced
consumption from the Carvins Cove Reservoir by 50 per cent; and
Council approved appropriation of funds on August 16, 1999, to fund
purchased water.
Itwas further advised that Water Fund Account No. 002-056-2178-
9025, New Services, Hydrants and Water Lines, was initially budgeted
at $532,568.00 for fiscal year 1999-2000; as of December 31, 1999, fiscal
year 1999-2000 annualized expenditures for New Services, Hydrants
and Lines are projected to be $777,000.00, $237,432.00 over the amount
initially budgeted, and the cost to purchase water has exhausted
available funding in the fiscal year 1999-2000 budget; purchased water
from Roanoke County, the Town of Vinton and the City of Salem has
been suspended as of December 22, 1999; as of November 30, 1999,
542
ACTION:
expenditures for purchased water are $1,131,434.00, which expends all
funds currently appropriated in the fiscal year 1999-2000 budget for
purchased water; and estimated expenditures for purchased water for
the month of December, 1999 are $460,000.00.
The City Manager recommended that Council authorize
appropriation of $697,432.00 from Water Fund previous years retained
earnings to the following accounts:
002-056-2178-9025 - New Services, Hydrants and Lines $237,432.00
002-056-2160-2255 - Purchase Water - Salem (MWC) $140,000.00
002-056-2180-2256 - Purchase Water - Roanoke Co. (MWC) $270,000.00
002-056-2160-2257 - Purchase Water - Vinton (MWC) $ 50,000.00
(MVVC) = Mandatory Water Conservation $697,432.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34649-011800) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Water Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 442.)
Mr. Hudson moved the adoption of Ordinance No. 34649-011800.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ...................................................................... 0.
POLICE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT: The
City Manager submitted a written report advising that one of the
canines, currently utilized by the Police Department, has acute hip
dysplasia and has an expected active working life of no more than one
year; and the American Association of Retired Persons (AARP) has
contacted the Police Department with the offer of donating a fully
trained two-year-old Malinois, which will be trained in building
searches, tracking, article recovery and searches, suspect
apprehension, handler protection and explosives detection.
ACTION:
The City Manager recommended that she be authorized to accept
the gift of a fully trained Malinois (breed) canine from the AARP, to be
used by the Police Department's Canine Unit.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following resolution:
(#34650-011800) A RESOLUTION accepting the American
Association of Retired Persons' offer to donate a Malinois canine for
the police department's canine unit.
(For full text of Resolution, see Resolution Book No. 62, page 443.)
Mr. Swain moved the adoption of Resolution No. 34650-011800.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
It was 'the consensus of Council that the City Manager and the
City Clerk be requested to recommend an appropriate method in which
to express appreciation to the American Association of Retired Persons
for their gift to the City.
DIRECTOR OF FINANCE:
BONDS/BOND ISSUES-BUDGET: The Director of Finance
submitted a written report advising that the City's 1999 general
obligation public improvement bonds have been issued and proceeds
have been appropriated; due to a mathematical error contained in the
original allocation to categories, the City needs to transfer $44,000.00
to Schools and out of Streets and Sidewalks, which does not alter the
bond issue in total, but rather is a reclassification between categories
and conforms to the bond referendum approved by the voters on
November 4, 1997; and the total, as adjusted, 1999 general obligation
public improvement bonds for schools will be $5,063,687.00 and
$3,702,901.00 for Streets and Sidewalks.
The Director of Finance recommended that Council adopt an
ordinance which will reclassify $44,000.00 1999 general obligation
public improvement bonds.
544
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34651-011800) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects and School Capital Projects
Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 444.)
Mr. Harris moved the adoption of Ordinance No. 34651-011800.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
BONDS/BOND ISSUES-BUDGET: The Director of Finance
submitted a written report advising that the United States Treasury
Regulations require the City to rebate to the Treasury those investment
earnings on proceeds of tax-exempt bonds to the extent such earnings
exceed yield on the related indebtedness; and the City is not required
to make a rebate payment to the Treasury if it is able to satisfy one of
the "spending exceptions" to the arbitrage rebate requirements set
forth in the Internal Revenue Code.
It was further advised that in order to finance a portion of the
City's ongoing public improvement projects, such as public schools,
public buildings, streets and sidewalks and storm drains, the City has
recently issued the following bonds: $23,000,000.00 principal amount
of City of Roanoke, Virginia, General Obligation Public Improvement
Bonds, Series 1996A, dated January 1, 1996 (the "Series 1996A
Bonds"); $13,010,000.00 principal amount of City of Roanoke, Virginia,
General Obligation Public Improvement Bonds, Series 1997A, dated
December 15, 1997 (the "Series 1997A Bonds"); and $26,020,000.00
principal amount of City of Roanoke, Virginia, General Obligation Public
Improvement Bonds, Series 1999A, dated October 1, 1999 (the "Series
1999A Bonds").
Itwas explained that the City reasonably expected, at the time the
Series 1997A Bonds were issued on January 15, 1998, that it would
satisfy the "construction issue" spending exception from the Federal
arbitrage rebate requirements of the Internal Revenue Code; and this
ACTION:
545
required the City to expend specific percentages of the bond proceeds
within six months, 12 months, and 18 months after the date the bonds
were issued, and to expend substantially all of the bond proceeds on
or before January 15, 2000, the second anniversary of the issuance.
Itwas noted thatthe public improvement projects being financed
with the proceeds of the Series 1996A Bonds, the Series 1997A Bonds
and the Series 1999A Bonds are interchangeable components within
major bond categories; as such, bond funding can be transferred
among the projects to meet spending exceptions without negative
implications; presently, the City will incur costs of approximately
$70,000.00 related to arbitrage rebate on the 1997A bonds, unless
reallocations between bond issues are made to the financing of certain
projects; and in order to ensure that the City has satisfied the
"construction issue" spending exception from arbitrage rebate
requirements, the Department of Finance, after consultation with the
City Attorney and the City's Bond Counsel, is recommending adoption
of a resolution reallocating the proceeds of the Series 1996A Bonds,
the Series 1997A Bonds and the Series 1999A Bonds among specific
projects as more fully set forth in the report.
The Director of Finance recommended that Council adopt a
measure reflecting the reallocation of the Public Schools Capital
Improvement Reserve, in the amount of $39,055.00, from the Series
1997A Bond issue to the Series 1999A Bond issue; other reallocations
to be effected under a measure accompanying the report do not require
a budget ordinance because the use of different bond issues to finance
projects does not alter the account number used in the City's Capital
Projects Fund; and the above referenced reallocations will not affect
total funding of any project while saving the City approximately
$70,000.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34652-011800) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 School Capital Projects Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 445.)
Mr. Harris moved the adoption of Ordinance No. 34652-011800.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
546
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
Mr. Harris offered the following resolution:
(#34653-011800) A RESOLUTION of the City Council of the City
of Roanoke, Virginia, reallocating certain proceeds of its general
obligation public improvement bonds, Series 1996A, of its general
obligation public improvement bonds, Series 1997A, and of its general
obligation public improvement bonds, Series 1999A.
(For full text of Resolution, see Resolution Book No. 62, page 446.)
Mr. Harris moved the adoption of Resolution No. 34653-011800.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report advising
that pursuant to Chapter 9, Education, of the Code of the City of
Roanoke (1979), as amended, establishing a procedure for the election
of School Board Trustees, the three year terms of office of F. B.
Webster Day, Marsha W. Ellison and Sherman P. Lea will expire on
June 30, 2000.
It was further advised that pursuant to Section 9-16 of the City
Code, on or before February 15 of each year, Council shall announce
its intention to elect Trustees of the Roanoke City School Board for
terms commencing July I through (1) public announcement of such
intention at two consecutive regular sessions of the Council and (2)
advertisement of such intention in a newspaper of general circulation
in the City twice a week for two consecutive weeks; Section 9-17 of the
City Code provides that applications must be filed in the City Clerk's
Office by March 10 of each year; application forms will be available in
547
the City Clerk's Office and may be obtained between the hours of
8:00 a.m., and 5:00 p.m., Monday through Friday; and information
describing the duties and responsibilities of School Board Trustees will
also be available.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the report
would be received and filed.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ACTION:
ZONING: Ordinance No. 34619, amending certain proffered
conditions contained in Ordinance No. 29028 adopted on March 28,
1988, which conditionally rezoned property located at 3113 Franklin
Road, S. W., to reflect certain changes in proffered conditions as shown
in the Second Amended Petition to Amend Proffers filed in the City
Clerk's Office on December 2, 1999, and as set forth in a report of the
City Planning Commission dated January 4, 2000, having previously
been before the Council for its first reading on Tuesday, January 4,
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:
(#34619-011800) 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-2, General Commercial District.
(For full text of Ordinance, see Ordinance Book No. 62, page 425.)
Mr. Hudson moved the adoption of Ordinance No. 34619-011800.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White,
Wyatt and Mayor Bowers .............................................................. 7.
NAYS: None ....................................................................... 0.
548
ACTION:
MUNICIPAL BUILDING-CREDIT UNION: Ordinance No. 34631,
authorizing and directing the proper City officials to enter into a five-
year lease between the City and the Roanoke Valley Federal Credit
Union, leasing a small area in the Second Floor Lobby of the Municipal
Building for placement by the Credit Union of an automatic teller
machine (ATM), as set forth in a joint report of the City Manager,
Director of Finance and City Treasurer to City Council dated
December 20, 1999, and as approved and rbquired by the City Manager,
having previously been before the Council for its first reading on
Tuesday, January 4, 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:
(#34631-011800) AN ORDINANCE authorizing and directing the
proper City officials to enter into a five-year lease between the City and
the Roanoke Valley Federal Credit Union leasing a small area in the
Second Floor Lobby of the Municipal Building for the placement by the
Credit Union of an automatic teller machine (ATM), pursuant to certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 426.)
Mr. Hudson moved the adoption of Ordinance No. 34631-011800.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White
and Mayor Bowers ....................................................................... 6.
NAYS: Council Member Wyatt .............................................. 1.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
POLICE DEPARTMENT: Council Member Swain requested a
target date as to when 1999 crime statistics for the City of Roanoke,
along with a comparison of previous years, will be provided to Council;
whereupon, the Director of Public Safety advised that after conferring
with the Chief of Police, he would provide Council with a projected date
for submission of the report.
549
Council Member Swain also requested information on the
effectiveness of the COPE offices in the four areas of the City, and a
progress report on police precincts in the City, specifically the
Williamson Road/Melrose Avenue area.
BUDGET-COMPLAINTS-STATE HIGHWAYS: Council Member
Swain referred to complaints regarding the appearance of the recycling
center on 1-581 in the vicinity of the Roy L. Webber Expressway. He
called attention to the practice of the City of Los Angeles, California, in
which concrete traffic blocks with decorative stones are used to
conceal certain unsightly areas. He suggested that the matter be
referred to the City Manager for study and report to Council during
fiscal year 2000-01 budget study, with cost estimates for improving the
appearance of the above referenced area.
It was the consensus of Council to refer the matter to the City
Manager for report during fiscal year 2000-01 budget study.
TRAFFIC-DOWNTOWN NORTH: Council Member Trout called
attention to parking needs in the downtown Roanoke area, and advised
that for those businesses that have expressed a desire to move to
downtown Roanoke, the City should be in a position to provide a
timetable regarding the construction of a parking facility, or a specific
solution to address the parking situation.
It was the consensus of Council to refer the matter to the City
Manager for report.
SIDEWALK/CURB AND GUTTER-ACTS OF
ACKNOWLEDGEMENT: Council Member White commended citizens,
Council and City staff on the City's sidewalk, curb and gutter program
on Ferncliff Avenue, N. W.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 4:25 p.m., the Mayor declared the meeting in recess.
At 5:45 p.m., the meeting reconvened in the Council Chamber,
with Vice-Mayor Harris presiding, and all Members of the Council in
attendance, with the exception of Mayor Bowers and Council Member
Hudson.
ACTION:
COUNCIL: With respect to the Closed Meeting just concluded,
Mr. Swain moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
550
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 Swain, Trout, White, Wyatt and Vice-
Mayor Harris ............................................................................... 5.
NAYS: None ....................................................................... O.
(Mayor Bowers and Council Member Hudson were absent.)
At 5:45 p.m., the Vice-Mayor declared the meeting in recess until
7:00 p.m.
On Tuesday, January 18, 2000, at 7:00 p.m., the Roanoke City
Council reconvened in regular session in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with the following Council Members in attendance, Mayor
Bowers presiding.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson,
Jr., James O. Trout, William White, Sr., Linda F. Wyatt and Mayor
David A. Bowers ......................................................................... -6.
ABSENT: Council Member Carroll E. Swain ........................... 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,
City Clerk.
The reconvened meeting was opened with a prayer by Mayor
Bowers.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
HEARING OF CITIZENS:
ZONING: Mr. Adam J. Cohen, 6036 Chagell Drive, advised that the
City has no provision in the Zoning Ordinance for a duplex town house,
which is a two unit town house with single ownership of either side. He
551
requested that a new definition be added to Section 36.1-25, Definitions,
of the Code of the City of Roanoke (1979), as amended, to define a
duplex town house, as follows:
"A building containing two dwelling units, designed for
and occupied by not more than two families and providing
for individual ownership of each side of the dwelling."
Mr. Cohen requested that this type of housing unit be allowed in
a zoning district where two family dwellings are permitted, provided
that the following conditions are met: (1) lot size, setback, road
frontage, and parking requirements must be met as per the current
zoning ordinance for two family dwellings for each district; (2) duplex
town house lots may be subdivided for single ownership provided that
each lot have one-half of the lot size, road frontage and parking
requirements as per the current zoning ordinance for two family
dwellings for each district and in each case of subdivision, the new lot
line must run through the partition between the dwelling units; (3) each
side of a duplex town house must be served separately by all utilities,
including, but not limited to sewer, water, electricity, telephone, gas
and cable; and (4) upstairs/downstairs type duplex construction does
not qualify for designation as a duplex townhouse. He added that there
is a need for this type of housing in areas of the City where two family
dwellings are permitted; however, the Zoning Ordinance, as currently
drafted, provides that those dwellings must remain under one
ownership which typically means that it is a rental unit.
Mr. White moved that the matter be referred to the City Manager
and the City Attorney for study, report and recommendation to Council.
The motion was seconded by Mr. Trout and adopted. (The City
Manager later requested that the matter be referred to the City Planning
Commission for study, report and recommendation to Council.)
POLICE DEPARTMENT-COMPLAINTS-DRUGS/SUBSTANCE
ABUSE-LEGISLATION: Mr. JeffArtis, President, Lafayette Watchdogs,
a crime watch group in northwest Roanoke, addressed Council in
regard to support of legislation that will curtail drug trafficking in the
City of Roanoke, and referred to legislation enacted by the General
Assembly in the 1970's which could be used to curtail drug trade in
Roanoke's neighborhoods. He explained thatthe City of Virginia Beach
has used this legislation for over a year, which designates police
officers as agents to administer property for trespassing and provides
the landlord with the right to evict tenants to avoid liability of a public
nuisance, and the finding of drugs in any quantity triggers the
provisions of the statute. He noted that one provision of the statute
552
allows five concerned citizens to ask for a grand jury investigation of
a public or common nuisance, and, if found guilty, the landlord can be
fined up to $10,000.00; other provisions address contraband on
property, which is a violation of the lease and the landlord can
immediately terminate the lease; and another provision allows for
immediate termination of a lease or rental agreement for knowingly
allowing contraband on the premises.
Mr. Artis called attention to a further statute, which is the
narcotics common nuisance statute, that provide~ that once a landlord
has been notified of a common nuisance, the landlord is required by
law to act, and this statute allows for immediate termination of a lease
or rental agreement, and, if the landlord refuses to act, he orshe can be
arrested, with the first arrest being a misdemeanor and the second
arrest counting as a Class 6 felony; another statute, known as the drug
blight law, provides that a structure can be condemned due to drug
activity upon probable cause that the drug activity constitutes a public
health and safety hazard and this statute allows for the Department of
Housing to condemn the property based upon probable cause, the
property would then become the property of the City and the Court can
take over the property.
Mr. Artis referred to the success of the legislation in the City of
Virginia Beach, and, in the ten months that the legislation has been in
effect, crime/drug dealing has decreased in those neighborhoods
where the statutes are being used, and early data shows that with the
reduction of drug dealing and crime, property values have increased;
and one neighborhood which is 75 per cent African-American, reports
that 94 per cent of the persons living in the area support the use of the
legislation and the use of evictions to fight drug trade, 74 per cent
report an improved quality of life, and 45 per cent report no crime
related issues in their neighborhood.
Mr. Artis requested that the City of Roanoke implement the above
described legislation/statutes, increase salaries of police officers to a
beginning level of $30,000.00 per year, and establish a fund using
Community Development Block Grant monies to help landlords offset
the cost of lost revenue.
Mr. John Styles, 2024 Patterson Avenue, S. W., Member,
Mountain View Neighborhood Watch, advised that six months ago, a
person could not walk down Patterson Avenue without being stopped
by drug dealers and/or prostitutes which caused an influx of traffic to
the area. He stated that some of the problems have been eliminated,
but violators now sell drugs from private residences and the police
553
cannot do anything about it. He spoke in support of the legislation
referred to by Mr. Artis that would allow residents to report incidents,
which, in turn, would allow the grand jury to conduct investigations and
allow police officers to search the premises for illegal drugs.
Ms. Kathy Weeden, 1017 Ferdinand Avenue, S. W., advised that
the Mountain View Neighborhood Watch Group has given her new
hope. She referred to structural improvements to her home over the
last several years which have increased her property value to
$67,000.00, but because of crime and drug trafficking, she is ready to
move away from the area. She stated that during the past year, her
house has been broken into and personal property has been stolen, her
vehicle has been vandalized, and the police investigate and do the best
they can within the limits of their authority. She advised that there is
drug trafficking on either side of her house and drive-by shootings
occur frequently. She stated that she cares about Roanoke and its
citizens and she wants to help the police, but she is fearful every time
she leaves her home, and requested that Council adopt the appropriate
legislation to enable police officers to address the problems.
Mr. Stuart LaManna, 1035 Ferdinand Avenue, S. W., advised that
he has lived in the neighborhood for five years and he has made
numerous renovations to his home at considerable expense. He stated
that not all property owners maintain their homes; and in most
instances, property owners who reside in their homes are not as prone
to sell drugs from their residence, therefor, the problem appears to be
prevalent in rental property. He noted that the nuisance laws provide
a means to address the problems and allow the City to be more
proactive in its efforts to eliminate drug dealers. He called attention to
the beauty of the housing stock in Roanoke's older neighborhoods, but
some landlords are doing very little to maintain their property. He
stated that the Police Department needs support through more funding
and manpower.
Ms. Sue Snellings, 2230 Charlevoix Court, S. W., representing the
Norwich Neighborhood Alliance, referred to drug trafficking and drive-
by shootings in her neighborhood, and asked that the City address the
problems before they reach the magnitude of problems in other inner
City neighborhoods. She referred to a petition filed with the Police
Department containing the signatures of 96 persons calling for the
City's assistance, and since legislation has been adopted by the
General Assembly to address the problems, it should be strictly
enforced by the City.
554
Mr. Thomas Donnel, 2210 Charlevoix Court, S. W., advised that
citizens are not requesting Council to enact a new law, but simply to
enforce a law that is already in effect. He expressed concern with
regard to drug trafficking and drive-by shootings in his neighborhood,
and unless Council addresses the matter through existing legislation,
there will be further deterioration.
Mr. Sean Arjermandinia, 1443 Lafayette Boulevard, N. W., advised
that drive-by shootings, shooting of drug dealers by either unhappy
customers or rival gangs, shooting into cars and homes of residents,
vandalism to parked cars, and the sound of machine gun fire are
everyday occurrences in his neighborhood. He stated that drug dealers
are prevalent in the area and residents are being threatened and
intimidated into silence. He advised that police officers and citizens are
doing their best, but they are frustrated and action needs to be taken by
the City to enact the nuisance laws which have proven to be successful
in Richmond, Norfolk, Suffolk, Virginia Beach and Lynchburg. He
stated that no person should be forced to move from their home or to
be a prisoner in their home because of the a~tions of undesirable
persons.
Ms. Kathy El-Attar, 1605 Chapman Avenue, S. W., advised that
her neighborhood is unsafe, and her children cannot play in their own
yard. She stated that residents have called upon landlords for help, but
they seem to be interested only in the monthly rental income from the
houses where the drug trafficking takes place. She advised that there
is a large turnover of rental housing, drug trafficking, shootings, and
undesirable people who frequent the area. She expressed concern with
regard to decreased property values as a result of undesirable tenants.
Ms. Kathy Hill, 509 Arbor Avenue, S. E., President, Riverland Alert
Neighbors and President of the CARE Patrol (Crime Abatement
Residential Effort), spoke in support of the concerns of residents of the
ChapmanlPattersonlLafayettelNorwich neighborhoods, and advised
that the City's help is needed to enact the legislation referred to by
Mr. Artis. She stated that if something is not done to address the
situation, the problems experienced in the above referenced areas
could move into other neighborhoods of the City. She referred to other
localities in the Commonwealth of Virginia that have enacted the
nuisance laws and encouraged the City of Roanoke to enact similar
legislation.
Ms. Lisa Knappe, 2220 Westover Avenue, S. W., called attention
to a duplex on Westover Avenue, where drug activity occurred. She
advised that residents provided the police with the names of violators
555
and filed complaints, etc., but lacking legal authority, the police could
not intervene; therfor, enactment by the City of the nuisance laws
referenced by Mr. Artis will be a step in the right direction.
Ms. Brenda McDaniel, 2037 Carter Road, S. W., President,
Greater Raleigh Court Civic League, spoke in support of efforts to
reclaim Roanoke's neighborhoods. She urged that Council do
everything within its power to protect and preserve inner City
neighborhoods, because the future of the City of Roanoke rests within
its neighborhoods.
Mr. Ray Barbour, 686 Montrose Avenue, S. E., expressed concern
that eliminating drug trafficking in one part of the City could cause the
problem to move to other neighborhoods.
Following discussion, Ms. Wyatt moved that the remarks of all
speakers be referred to the City Manager and the City Attorney for
report to Council at the next regular meeting on Monday, February 7,
2000. The motion was seconded by Mr. Trout and unanimously
adopted.
CITY EMPLOYEES: Ms. Angela Norman, 1731 Michael Street,
N. W., requested that City custodial workers be provided with lockers
in which to store personal possessions, such as prescription
medicines, etc. She advised that she previously forwarded a
communication under date of August 11, 1999, to the Acting City
Manager of the Building Maintenance Department explaining the
seriousness of the request; however, she was advised that although
the need was understood, no funds were available to purchase new
lockers or to locate used lockers. She stated that correspondence was
also sent to the Safety Specialist, who forwarded the request to the
Personnel Manager, to no avail. She advised that she clearly
understands budget limitations; however, the situation could result in
employee illness, which would ultimately cost taxpayers' money. She
explained that the validated needs of custodial employees are just as
important as other City employee needs and it is the City's
responsibility to provide a safe and healthy work place for all
employees.
Mr. Ted Kaplan, President, Municipal Employees Association
Local 2032, 4862 Old Mountain Road, N. E., advised that members of
Local 2032 have organized in order to provide a positive voice in the
City government work place. He stated that the organization will strive
556
to improve the working conditions for City employees and provide
better services for the City by working with Council, the City Manager,
and other organizations within the City government structure.
Mr. Trout moved that the request of Ms. Norman be referred to
the City Manager for response as soon as possible. The motion was
seconded by Mr. Hudson and unanimously adopted.
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 Tuesday, January 18, 2000, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Radford and
Company that property located at 2154 McVitty Road, S. W., identified
as Official Tax Nos. 5100527, 5100528, 5100534 and 5100535, be
rezoned from RS-l, Residential Single Family District, to C-1, Office
District, subject to certain conditions proffered by the petitioner, the
matter was before the body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Thursday, December 2 and Thursday,
December 9, 1999, and in The Roanoke Tribune on Thursday,
December 9, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to construct four office buildings,
was before Council.
The City Planning Commission recommended that Council
approve the request for rezoning, subject to conditions proffered at the
Planning Commission's public hearing. It was advised that the
proposed development is a reasonable extension of the office
development in this area and is perhaps preferable to single family,
residential development; the proffered architectural design is
compatible with the development with the residential neighborhood;
and the proffered condition relative to storm water management will
address potential storm water management problems that could arise
in the area.
(For full text, see report on file in the City Clerk's Office.)
557
Mr. Harris 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. 510, 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.
In view of the fact that there were a number of persons who
wished to be heard, the Mayor requested that each speaker limit their
remarks to three minutes.
Edward A. Naif, Attorney, representing the petitioner, requested
that Council listen carefully to the merits of the proposed rezoning and
consider the recommendation of the City Planning staff and the
unanimous recommendation of the City Planning Commission in favor
of the rezoning. He explained that the request is to rezone several
parcels of land which will allow four buildings to be located on the
premises, in accordance with the development plan presented by
Radford and Company, containing a total of 17,000 square feet in four
buildings, with a maximum of 4,000 square feet in the largest building.
He stated that the proffers that were submitted were in response to City
staff's request which include: (1) the property will be developed in
substantial conformity with the development plan; (2) the buildings will
be designed and constructed in substantial conformity with the colonial
architecture illustrated in a brochure that was provided to Council
which is identical to a project that Radford and Company constructed
at the intersection of Woodhaven Road and Peters Creek Road; and (3)
the provision of storm water management. He called attention to three
neighborhood meetings which addressed issues of storm water
management, traffic and land use, and acknowledged that there has
been a problem with storm water runoff from the Roanoke County side,
across the property in question and down Gatewood Avenue; and his
client has met with City staff and initiated a process to install
improvements down the rear of the property at Gatewood Avenue to
help alleviate the existing storm water management problem.
In regard to traffic, Mr. Natt advised that residents have
expressed concern; therefore, an additional proffer has been submitted
to provide that all traffic will exit down McVitty Road to the traffic light
at Route 419, and the new proffer would not allow traffic to go down
Gatewood Avenue. He called attention to the remarks of the Chief of
Community Planning who stated that she did not believe itwas suitable
558
or desirable for the property to be developed for single family
residential purposes and the proposed use is a reasonable and
appropriate use of the property. He pointed out that the City Planning
Commission report indicates that the comprehensive plan would be
followed if the request for rezoning is approved, neighborhood
compatibility can be upheld with the screening and buffering that is
shown on the development plan, and the property is oriented towards
Route 419 which leads to commercial development.
Mr. Bobby R. Caudle, 4231 Belford Street, S. W., representing the
Greater Deyerle Neighborhood Association, presented a petition signed
by 240 persons in opposition to the request for rezoning. He called
attention to the 1985-2005 comprehensive neighborhood plan which
provides that the preservation and enhancement of the City's existing
neighborhoods, attractive homes, tree lined streets, neighborhood
commercial districts, and local employment sites should be firmly
established and every neighborhood in the City should be active
participants in determining its own and Roanoke's future. He stated
that the comprehensive neighborhood plan encourages neighborhoods
to be involved in the planning process as a part of the overall plan, and
based on that part of the comprehensive plan, Council should deny the
request for rezoning. He referred to a 1970 agreement that was
prepared in conjunction with the City Planning Department and City
officials which provides that maintenance of the residential character
of the neighborhood, traffic on primary streets, protection of open
space, and maintaining the quality of the neighborhood environment
should be honored. He added that the agreement further states that
any future zoning or commercial development along the Route 419
corridor is not desirable and is viewed as a threat to the residential
integrity of the neighborhood. He advised that on June 29, 1992, the
City Manager and the City Attorney executed the agreement with the
Greater Deyerle Neighborhood Association establishing an
understanding to preserve the natural beauty and rural atmosphere of
the Greater Deyerle neighborhood, with particular attention on present
and future control of increased traffic volumes throughout the
neighborhood.
Mr. Edwin J. Ewing, 5024 Gatewood Avenue, S. W., advised that
it is inconceivable that any one would want to construct a single family
home on the property in question, and as a 40 year resident of the area,
he requested that Council approve the rezoning.
Mr. William Broyles, 2138 McVitty Road, S. W., representing
Oakgrove Church of the Brethren, requested that the rezoning petition
be denied due to increased traffic on McVitty Road. He called attention
559
to considerable pedestrian traffic on McVitty Road and increased traffic
would present a safety hazard. He advised that construction of more
office space will lead to more vacant space which will eventually lead
to property deterioration. He advised that people talk about the horrors
of driving on Route 419, the proposed office complex will generate even
more traffic, and asked that Council deny the request for rezoning.
Ms. Janice F. Shober, 1741 Driftwood Lane, S. W., representing
Oakgrove Church of the Brethren, and the Windsor Lake neighborhood,
spoke against the proposed rezoning and advised that if the property
is rezoned for business, it would be an infringement on the
neighborhood. Also, if the property is rezoned, she called attention to
an increase in traffic, and since residents walk and children play on
McVitty Road and Gatewood Avenue, a traffic hazard would exist with
as many as 600 additional vehicles per day.
The Reverend Edward Woodard, 2138 McVitty Road, S. W.,
representing Oakgrove Church of the Brethren, advised that the
property in question is located adjacent to the Church, therefor, the
congregation believes that the rezoning would change the character of
the neighborhood by giving the appearance of an expanding
commercial site. He stated that the Church is concerned about the
issue of traffic because of the residential character of the
neighborhood, there is considerable pedestrian traffic in the area, and
an increase in traffic would threaten pedestrian safety along McVitty
Road. He called attention to the increased likelihood of commercial
over development, because if the property is zoned commercial, there
will be other attempts to sell property as commercial which will cause
a snow bailing effect in a residential neighborhood. He referred to a
petition containing approximately 100 signatures from the congregation
of Oakgrove Church of the Brethren in opposition to the rezoning, not
only for the sake of the Church, but in the interest of the community at
large.
Mr. Todd Marcum, 2940 Keithwood Drive, S. W., urged that
Council deny the request for rezoning because it would negatively
affect the Oakgrove community and increase demands on a residential
area that does not have the infrastructure to support the proposed
development. He stated that even though the request was approved by
the City Planning Commission, it does not reflect the wishes of the
majority of residents of the area, and expressed concern with regard to
storm water management, increased traffic, and commercialization of
560
the community. He advised that additional office parks are not a
pressing need of the community, because there are numerous vacant
office spaces/buildings within walking distance of the proposed site,
and urged that Council deny the request for rezoning.
Ms. Jennifer Pfister, 4701 Norwood Street, S. W., spoke in
opposition to the request for rezoning, and advised that 99 per cent of
the residents of the area are against the proposed rezoning, and a
precedent will be set if the property is rezoned. She referred to the
Memorandum of Understanding between the City of Roanoke and the
Greater Deyerle Neighborhood Association which was signed by the
City Manager and the President of the Greater Deyerle Neighborhood
Association expressing the intent to preserve the natural beauty and
rural atmosphere of the Greater Deyerle neighborhood and to give
particular attention to present and future control of increasing volumes
of traffic throughout the neighborhood. She pointed out that approval
of the rezoning would be in violation of the Memorandum of
Understanding.
Mr. Charles Clark, 2154 McVitty Road, S. W., owner of the
property in question, spoke in support of the request for rezoning. He
stated that in the immediate area is a bank, a real estate office, and
Showtimers Theatre, therefor, he would consider that the property is
already commercial.
Ms. Cathy Comer, 5053 Gatewood Avenue, S. W., owner of
property adjoining the property proposed to be rezoned, spoke in
support of the request for rezoning. She advised that the proposed
development would be an enhancement to the neighborhood and would
offer a buffer to the noise and traffic from Route 419. She stated that
traffic volume would not be increased, and storm water run-off has
been a problem for the 12 years she has resided in the area; however,
no one has been willing to address the situation until now. She urged
that the City work with Radford and Company in their efforts to improve
the storm water situation and approve the request for rezoning.
Mr. Frank Radford, representing Radford and Company,
petitioner, appeared before Council and advised that several years ago,
a decision was made to expand Radford and Company because the
company has outgrown its current building on Franklin Road. He
stated that the property requested to be rezoned fulfills their building
expansion needs, drainage problems in the immediate neighborhood
have been addressed, and before the petition for rezoning was filed,
561
they approached representatives of the neighborhood to determine
major problem areas. He added that Radford and Associates would like
to remain in the City of Roanoke, and if the rezoning is approved, their
office will relocate to the proposed office park. ~
Mr. Rick Williams, 3725 Sunrise Avenue, N. W., Chairman,
Neighborhood Development Committee of the Williamson Road Action
Forum, advised that he was not speaking to the merits of the proposed
rezoning, but to proffers that are made as conditions for rezoning. He
stated that at the time of the Valley View Mall development which lies
along Valley View Extension, proffers were made by Faison and
Associates to allay the concerns of residents about the Valley View
development and since that time, residents have experienced a
nightmare trying to insure that the proffers are correctly enforced from
their point of view. He noted that there are external architectural issues
in regard to light pollution from the surrounding restaurants along
Valley View Extension and after more than two years, this is still an
ongoing and unresolved problem. He stated that there have been storm
water management issues with flooding on Valley View Avenue and
problems with mosquitos as a result of the retained water in the
drainage basin; there have been land use conflicts/problems and
referred to the weed choked berm on Greenland Avenue past the Valley
View development, down Oakland Boulevard toward Roundhill Avenue.
He explained that the City Planning Department has been helpful in
trying to resolve the issues, residents have spent over two years
debating about the enforcement of certain proffers and it does not
appear that the issues will be resolved any time soon. He stated that
because businesses generate tax revenue, there is strong pressure to
grant occupancy permits, regardless of whether proffers have been
properly adhered to, and once an occupancy permit has been granted,
it becomes almost impossible to enforce proffers after the fact. He
advised that he was not implying that Radford and Company would be
guilty of the same sins as Faison & Associates in respect to the Valley
View Boulevard rezoning, but the residents of Greater Deyerle have
good reason to question how faithfully the proffers of Radford and
Associates will be interpreted and enforced by the City.
There being no further speakers and no comments by the
Members of Council, the ordinance rezoning the property was lost by
the following vote:
AYES: None ...................................................................... 0.
NAYS: Council Members Harris, Hudson, Trout, White, Wyatt and
Mayor Bowers ............................................................................. 6.
562
(Council Member Swain 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 Tuesday, January 18, 2000, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, to consider an
amendment and revision to Chapter 36.1, Zoninq, Article III, Division 2,
Subdivision B, RM-1, Residential Multi-family Low Density District,
Code of the City of Roanoke (1979), as amended, to permit accessory
apartments outright, and to permit two-family dwellings by special
exception, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, December 30, 1999, and Thursday,
January 6, 2000, and in The Roanoke Tribune on Thursday, January 6,
2000.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that residents
of Greater Raleigh Court and other City neighborhoods have expressed
concern about the large amount of multifamily zoning and increasing
multifamily development in established neighborhoods, particularly
conversions of single-family structures to duplex and multifamily uses;
concerns include the compatibility and maintenance of duplex
development, as well as protection of property investment; multifamily
units have increased in the Greater Raleigh Court neighborhood; the
Greater Raleigh Court Neighborhood Plan was adopted by Council on
May 17, 1999; and following adoption of the Plan, the Department of
Planning and Community Development worked with the Greater Raleigh
Court Civic League, residents of Raleigh Court, Roanoke Regional
Home Builders Association and representatives of the Roanoke Valley
Association of Realtors to explore alternatives to address concerns
regarding multifamily zoning and development, was before Council.
The City Planning Commission recommended that Council
approve amendment of the RM-1, Residential Multifamily, Low Density
District, of the Code of the City of Roanoke (1979), as amended, to
provide as follows: two-family dwellings will be changed from a
permitted use to a special exception use in the RM-1 district, thus
allowing consideration of appropriateness and compatibility with the
neighborhood as part of the public hearing by the Board of Zoning
Appeals; the required lot size for a two-family dwelling will be increased
from 5,000 square feet to 7,000 square feet, which provides more room
for parking and open space; compatible, affordable housing will be
ACTION:
563
provided by allowing accessory apartments in single-family dwellings
as a permitted use, as opposed to a special exception; Section 36.1-541
is repealed and amendments to Section 36.1-542 will allow the zoning
administrator the authority to act on exterior changes to the building
foundation; and existing two-family dwelling uses in the RM-1 district
may be legally continued.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#34654-011800) AN ORDINANCE amending §36.1-107,.Permitted
uses, §36.1-108, Special exception uses, and §36.1-542, General
requirements, and repealing §36.1-541, Application, of Chapter 36.1,
Zoning, of the Code of the City of Roanoke (1979), as amended, to
permit accessory apartments outright, and to permit two-family
dwellings by special exception only, in the RM-1 District; and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 449.)
Mr. Trout moved the adoption of Ordinance No. 34654-011800.
The motion was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter.
Rick Williams, 3725 Sunrise Avenue, N. W., Chairman,
Neighborhood Development Committee of the Williamson Road Action
Forum, spoke in support of the amendment to the RM-1 zoning
classification. He called attention to the same problems which are
currently experienced in the Williamson Road area, as well as the
Raleigh Court area, and in the future, it is hoped that certain of the
original provisions that were deleted from the proposed ordinance will
be restored, such as minimum requirements of space, prohibitions on
outside entrances, and parking restrictions.
Brenda McDaniel, 2037 Carter Road, S. W., President, Greater
Raleigh Court Civic League, spoke in support of the proposed
amendment, and advised that considerable work has gone into the
proposed amendment which addresses issues of importance to not
only the City's neighborhoods, but to the future of Roanoke City as a
whole. She explained that the amendment grew out of the concern of
the neighborhood about the proliferation of multi-family housing in the
City of Roanoke, and the Greater Raleigh Court area has led the way by
56zt
trying to call a halt to multi-family conversions because the
neighborhood has been particularly hard hit over the past 20 years with
the number of single family houses in Raleigh Court which have been
converted to multi-family use. She noted that the per centage of owner
occupied units has declined from 71 per cent in 1980 to 56 per cent in
1990 and, at the same time, the number of rental occupied units
increased from 29 per cent to 44 per cent, and the per centage of rental
occupied units in Raleigh Court today is higher than in the City of
Roanoke as a whole. She stated that the proposed amendment is not
about not wanting certain kinds of people or certain income groups in
the neighborhood, but it is about preserving the neighborhood,
encouraging home ownership and investment in the community, and
making Roanoke City an attractive place for families to move to and not
from. On behalf of the Greater Raleigh Court Civic League, she
requested that Council approve the proposed amendment.
Barbara Duerk, Member, City Planning Commission, advised that
the proposed amendment is needed because 45 per cent of the entire
City is zoned for multi-family development, with 30 per cent comprised
of the RM-I category, which is a high per cent age of multi-family
housing. She explained that a healthy mix of housing for an urban area
such as Roanoke would be more in the range of 25 - 30 per cent. She
stated that the proposed amendment addressing the manner in which
lots are divided into two family or duplex dwellings and the density of
persons housed on a single lot needs to be addressed. She added that
it is not an issue of rental property versus home owner, instead, the
amendment is needed to balance the amount of multi-family and single-
family housing that could be developed within the City, with the goal of
providing a healthy mix of housing types which provides affordable
housing, encourages quality development, and enhances property
investment and quality of life for all people, regardless of whether they
rent or own their home. She advised that the City is currently
experiencing overcrowding, loss of green space and parking problems
in its neighborhoods because of the 'amount of multi-family
development and the increasing number of people on small lots. She
explained that the City Planning Commission is recommending that the
lot size required for a duplex be increased to 7,000 square feet, as
opposed to the existing 5,000 square feet; prior to 1987, there was a
requirement for 7,000 square feet for a duplex, however, that
requirement was deleted when the Zoning Ordinance was streamlined
to reduce the number of multi-family zones in the City. She further
explained that any new duplex construction or conversion of an
existing residence will require a special exception permit from the
Board of Zoning Appeals, when a request is heard by the Board of
Zoning Appeals, public hearing notice is provided and affected property
565
owners are notified as required by law, and the appropriateness of the
development is considered with adopted standards which include
traffic generation, utility availability, and compatibility with the
character and appearance of the adjoining neighborhoods. She
explained that the City has the ability to define designated standards in
an historic district and in neighborhoods that have overlay zones;
however, this provision was removed by the City Attorney from the final
draft of the amendment because itwas felt that the City did not have the
authority granted to it by the General Assembly to enforce that
provision; however, the matter should be addressed in the future. She
advised that the proposed amendment was advertised and promoted
within neighborhood organizations throughout the City, and the RM-1
zoning district change will affect the entire City by providing better
housing.
Dr. Anthony Stovala, 1836 Greenwood Road, S. W., advised that
six years ago, the Greater Raleigh Court neighborhood took a long look
at itself and observed certain things that caused concern, with the
change in housing patterns at the top of the list. He added that a land
use survey was prepared which documented the lose of single family
homes and the increasing amounts of multi-family and rental units. He
advised that over the years, Raleigh Court residents have worked with
City officials and other neighborhood leaders and representatives of
real estate and home builders groups to develop a neighborhood plan
that was adopted by Council, and as they studied the issue, other
neighborhoods expressed the same concerns; therefor, rather than
focus on just the Raleigh Court neighborhood, they elected to work
with other neighborhoods and City staffto address the matter on a City-
wide basis. He explained that the goal for the neighborhoods and,
more importantly, for the City, is to maintain a viable balance of single-
family, multi-family and rental options for all citizens, because without
this balance, neighborhoods will deteriorate. He stated that Roanoke's
neighborhoods are all one community and for neighborhoods to thrive
and prosper, the City as a whole must thrive and prosper, and this
cannot happen unless Council makes a clear statement that Roanoke
is committed to making its neighborhoods stable and balanced
communities with a strong base of home ownership and a thriving
middle class. He explained that some persons may oppose the
proposed amendment on the basis that it restricts property rights, but
rights must be coupled with responsibility to neighborhoods and
communities; some may say that the proposal will prevent older
homeowners from staying in their homes by renting out a portion of the
home, but this concern has been addressed by allowing accessory
apartments under appropriate guidelines; and some may say that the
proposal is unnecessary because rising property values in desirable
566
'areas of the City have discouraged these conversions, but it is believed
that property values reflect the perception of a neighborhood and if
conversions continue at the current rate,* that perception can and will
change which has already been seen in other neighborhoods. He
stated that some persons may say that the proposal will lessen the
supply of.inexpensive rental housing, but Raleigh Court residents
believe that the proposal will maintain a balance of many housing
options and without this change, single family homes and home
owners will decrease until the situation is irreversible. He stated that
the premise is to continue to work with others so that all citizens, be
they tenants, young families purchasing a first home, or seniors,
regardless of their income, the color of their skin, or the location of
their residence, will be proud to call Roanoke home.
Mr. James Armstrong, 619 Highland Avenue, S. W., advised that
the issue of rental versus home owner, is, in large measure, what the
proposed amendment addresses. He stated that when referring to
growth of rental housing in terms of healthy and unhealthy
neighborhoods, that represents a value judgment about rental housing.
He stated that renters share in pride of place, they share in the
concerns about the character and nature of their neighborhood, and
efforts to amend the zoning ordinance governing a specific category
reflects another set of the prejudices that are held concerning
ownership of rental occupied housing. He stated that the issue in
Roanoke has to do with attempting to maintain socio-economic
diversity; and as he listened to Raleigh Court residents address the
problems in their neighborhood, it appeared that the issues which were
raised had little to do with the zoning of the neighborhood but with the
community's efforts to enforce current guidelines. He added that the
comments he heard had more to do with failure to enforce current laws,
failure to enforce zoning regulations concerning appearance, and
failure to enforce use requirements in the current zoning and building
codes, therefor, many of the problems that the proposed amendment
addresses could be resolved if current rules and regulations are
enforced. He stated that his concern with the proposed zoning
ordinance amendment relates to the fact that currently an owner of a
RM-1 property is familiar with the permitted uses; however, the
proposed amendment makes future uses of that same property
relatively uncertain.
Matt Hawkins, 2431 Dorchester Drive, N. W., Vice-President,
Williamson Road Action Forum, spoke in support of the proposed
amendment. He called attention to deteriorating rental property, and
the persons who oppose the proposed amendment are generally the
persons who own the rental property. He stated that it is necessary to
567
enact the proposed amendment for the future of Roanoke, and the
Williamson Road Action Forum, as a whole, is in support of the
proposed amendment.
Mr. Adam J. Cohen, 6036 Chagall Drive, S. W., advised that
considerable time and effort was expended several years ago to zone
the City in what appears to be a logical fashion and it was taken into
account that there were issues in the building code which allowed a
single family home to be converted to a two family home; however,
those conditions are not being adhered to in many cases where
property owners are converting single family homes into two family
homes. He concurred in the remarks of Mr. Armstrong with regard to
the need for better enforcement by the City of current building/zoning
code regulations. He suggested that if Raleigh Court wishes to
improve its neighborhood situation, residents should petition Council
to rezone specific areas. He advised that 30 per cent of the City's
zoning will be affected as a result of the proposed amendment, and
currently, he can construct a two family home on a 5,000 square foot
lot; however, if the proposed amendment is approved, that right will be
taken away and can only be done by special exception as approved by
the Board of Zoning Appeals. He suggested that the matter be referred
back to the City Planning Commission for further consideration of
present zoning regulations and code enforcement.
Blair Smith, 1850 Oxford Avenue, S. W., spoke in support of the
proposed amendment and advised that the problem started when
Roanoke's older housing stock was viewed as something to exploit and
no longer as a home or a neighborhood. He stated that Raleigh Court
is looking for ways to put an end to that type of exploitation.
William Skeen, 1936 Avon Road, S. W., representing the Greater
Raleigh Court Civic League, spoke in support of the proposed
amendment. He advised that in the past, spot zoning of commercial
development and housing development that violated the original
planning character of the neighborhood contributed to the neglect that
is seen today. Secondly, he stated that an invasion of rental housing
changed the character of the neighborhood, and neglect was caused
by discouraged home owners which led to increased traffic, parking
problems, litter, uncaring neighbors, noise, and lack of personal
investment. He advised that by adopting the proposed amendment,
Council has the opportunity to make a change that will effect over 30
per cent of the property in the City of Roanoke.
568
There being no further speakers and no comments by the
Members of Council, Ordinance No. 34654-011800 was adopted by the
following vote:
AYES: Council Members Harris, Hudson, Trout, White, Wyatt
and Mayor Bowers ...................................................................... 6.
NAYS: None ...................................................................... 0.
(Council Member Swain was absent.)
ISTEA-GRANTS-HOUSINGIAUTHORITY-WRABA: Pursuant to
motion adopted by Council, the City Clerk having advertised a public
hearing for Tuesday, January 18, 2000, at 7:00 p.m., or as soon
thereafter as the matter may be heard, to receive citizen input on the
selection of transportation enhancement projects in fiscal year 2000-01
to be recommended to the State for funding under the Transportation
Equity Act for the 21st Century (TEA-21), the matter was before the
body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Tuesday, January 4, 2000, and Tuesday,
January 11,2000, and in The Roanoke Tribune on Thursday, January 6,
2000.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of 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 Federal surface transportation
programs for six years, from fiscal year 1998 to 2003, replacing the
Intermodal Surface Transportation Efficiency Act (ISTEA); the new law
provides $215 billion in spending authority for highways and transit,
including $3 billion for transportation enhancement projects; and 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.
Itwas further advised that two enhancement project applications
have been received, as follows: Roanoke Redevelopment and Housing
Authority project which is the rehabilitation of an historic railroad
building adjacent to the functioning Norfolk Southern rail yard and is
eligible for the enhancement program, at a total estimated cost of
$10,650,000.00, with the Housing Authority requesting $650,000.00 in
TEA-21 enhancement funds; and Williamson Road Streetscape
569
Revitalization funding request for gateway and streetscape
improvements within the Williamson Road corridor which is submitted
by the City of Roanoke as a combined revitalization effort with the
Williamson Road Area Business Association, at a total estimated cost
of $1,000,000.00, with the City requesting $800,000.00 in TEA-21
enhancement funds.
It was explained that project applications must be formally
endorsed by Council and the Metropolitan Planning Organization (prior
to submittal to VDOT by the applicant by January 31, 2000);
Commonwealth Transportation Board approval of projects is expected
to occur in June, 2000; and the City Planning Commission received the
requests on January 12, 2000, and has submitted a recommendation to
Council under separate cover.
The City Manager recommended that Council endorse, by
separate resolutions, the above described project applications; agree
to pay the respective percentages of the total cost for each project and,
if the City elects to cancel any project, 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; authorize the City
Manager to execute, on behalf of the City, City/State Agreements for
project administration, subject to approval of project applications by
VDOT; and authorize the City Manager to execute on behalf of the City,
a legally binding agreement with the Roanoke Redevelopment and
Housing Authority, subject to such application being approved by
VDOT, requiring the Housing Authority 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.
(For full text, see report on file in the City Clerk's Office.)
A report of the City Planning Commission endorsing the above
described project applications, was also before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34655-011800) A RESOLUTION requesting that the
Commonwealth Transportation Board establish a project for the
rehabilitation of the historic railroad building adjacent to the
functioning Norfolk Southern rail yard.
(For full text of Resolution, see Resolution Book No. 62, page 452.)
570
ACTION:
ACTION:
Mr. Trout moved the adoption of Resolution No. 34655-011800.
The motion was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Resolution No. 34655-011800 was adopted by the following vote:
AYES: Council Members Harris, Hudson, Trout, White, Wyatt
and Mayor Bowers ..................................................................... -6.
NAYS: None ...................................................................... 0.
(Council Member Swain was absent:)
Mr. Trout offered the following resolution:
(#34656-011800) A RESOLUTION requesting that the
Commonwealth Transportation Board establish a project for gateway
and streetscape improvements within the Williamson Road corridor.
(For full text of Resolution, see Resolution Book No. 62, page 454.)
Mr. Trout moved the adoption of Resolution No. 34656-011800.
The motion was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter; whereupon, Mr. Rick
Williams, 2725 Sunrise Avenue, N. W., Chairman, Neighborhood
Development Committee of the Williamson Road Action Forum, referred
to the Roanoke Comprehensive Development Plan 1985-2005, Roanoke
Vision, which addresses the destructive effects on the City of car
oriented commercial strip development, and advised that Williamson
Road may be the best example of an early case which has, for some
time, been in decline. He stated that Roanoke Vision notes how
neighborhood commercial centers, which will focus more on
pedestrian rather than automobile traffic, can be an effective way to
strengthen the social fabric of neighborhoods, and points out that the
Grandin Road/Crystal Spring areas are two good examples of this
concept. He advised that Roanoke Vision also states that new
commercial activity should be encouraged to focus more concentrated
centers at major intersections for maximum access and convenience,
and recommends development of effective zoning and definition of
guidelines for renovation and infill for improving problem areas in the
City. He requested thatwhen considering transportation enhancement
grants to improve the streetscape, the City should not lose site of the
571
fact that there needs to be a broader way to address transportation
issues, such as managing automobile traffic and encouraging
pedestrian traffic on Williamson Road, and there should be broader
participation in the entire process by neighborhood organizations. He
stated that thus far Williamson Road streetscape improvements have
largely been a matter of discussions between the City and the
Williamson Road Area Business Association and while the Williamson
Road Action Forum values the opinions of the Williamson Road Area
Business Association, their interests do not always coincide because
often neighbors have a different perspective on the propriety of
businesses in a commercial zone. He stated that it is hoped the City
will not lose site of the fact that following streetscape improvements,
Roanoke Vision addresses other issues that need to be dealt with if the
strip commercial areas of the City of Roanoke are to be viable and
friendly neighborhoods.
Resolution No. 34656-011800 was adopted by the following vote:
AYES: Council Members Harris, Hudson, Trout, White, Wyatt
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Swain was absent.)
SEWERS AND STORM DRAINS-EASEMENTS-CITY PROPERTY-
WATER RESOURCES: Pursuant to motion adopted by Council the City
Clerk having advertised a public hearing for Tuesday, January 18, 2000,
at 7:00 p.m., or as soon thereafter as the matter may be heard, in
connection with execution of the appropriate document reserving a 25
foot City sanitary sewer easement across City-owned property located
on Findlay Avenue, S. E., identified as Official Tax No. 4260506, the
matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Monday, January 10, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the Water Resources Committee recommending that
Council authorize the City Manager to take appropriate action to
advertise a public hearing, and lacking any comments to the contrary,
execute the appropriate document, in a form to be approved by the City
Attorney, reserving a 25 foot City sanitary sewer easement across City-
owned property, was before the body.
572
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34657) AN ORDINANCE authorizing the reservation of a 25'
sanitary sewer easement across City-owned property identified as
Official Tax No. 4260506, located on Findlay Avenue, S. E., upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 456.)
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. 34657 was adopted, on its first reading, by the following
vote:
AYES: Council Members Harris, Hudson, Trout, White, Wyatt
and Mayor Bowers ..................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Swain was absent.)
EASEMENTS-APPALACHIAN POWER COMPANY-CITY
PROPERTY-INDUSTRIES-WATER RESOURCES: Pursuant to motion
adopted by Council, the City Clerk having advertised a public hearing
for Tuesday, January 18, 2000, at 7:00 p.m., or as soon thereafter as the
matter may be heard, in connection with execution of the appropriate
document granting an easement for the extension of overhead electric
power service across City-owned property and located adjacent to
Innotech, Inc., property on Ferndale Drive, N. W., Official Tax No.
6460103, to Appalachian Power Company, the matter was before the
body.
Legal advertisement of the public hearing was published in
The Roanoke Times on Monday, January 10, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
ACTION:
573
A report of the Water Resources Committee recommending that
Council schedule a public hearing for January 18, 2000, and lacking any
comments to'the contrary, authorize execution of the appropriate
document granting an easement across City-owned property to
Appalachian Power Company, was before the body.
(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:
(#34658) AN ORDINANCE authorizing the granting of an
easement for the extension of overhead electric power service across
City-owned property identified by Official Tax No. 6460103, and being
adjacent to the Innotech, Incorporated, property located on Ferndale
Drive, N. W., upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 457.)
The motion was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter; whereupon, Mr. George
Gunther, P. O. Box 12353, expressed concern over the perception that
electric power lines always seem to be installed in northwest Roanoke;
and inquired if such agreements are renegotiated every 10 to 15 years.
Ordinance No. 34658 was adopted, on its first reading, by the
following vote:
AYES: Council Members Harris, Hudson, Trout, White, Wyatt
and Mayor Bowers ....................................................................... 6.
NAYS: None ....................................................................... 0.
(Council Member Swain was absent.)
BILLINGS AND COLLECTIONS-WATER RESOURCES: Pursuant
to motion adopted by Council, the City Clerk having advertised a public
hearing for Tuesday, January 18, 2000, at 7:00 p.m., or as soon
thereafter as the matter may be heard, to consider changes to the
sewer exemption meter credit program which would require all
customers, where practical, to place meters in meter boxes to facilitate
reading of meters by City employees, the matter was before the body.
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Advertisement of the public hearing was published in The
Roanoke Times on Wednesday, January 12, 2000.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the Water Resources Committee recommending that
Council approve the sewer exemption meter program which would
require all customers, where practical, to place the meters in meter
boxes to facilitate reading of meters by City employees, was before the
body.
It was explained that this program would have no
"grandfathering" of prior procedures; and would maximize operational
efficiency and avoid increased costs of manual processing, effective
February 1, 2000.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt moved that Council concur in the recommendation of
the Water Resources Committee. The motion was seconded by
Mr. Trout.
Mr. Brian Allen, 1330 Lakewood Drive, S. W., advised that his
plumber estimates that it will cost in the range of $200.00+ to install the
proposed new system at his home. He stated that he currently has a
meter that has been inspected and approved by the City; the meter
does not have to be read by a City employee, and the meter can be
moved from one faucet to another in the front and rear of his home. To
have a meter by the street, he noted that it would be necessary to
redesign the pipeline to his residence at a cost of $800.00 - $1000.00
which is an undue burden. He advised that the present procedure has
been in effect for 20 years, the system has worked well and should not
be changed, and the proposal of the Water Resources Committee
places an unnecessary financial burden on property owners.
Ms. Barbara Duerk, 2607 Rosalind Avenue, S. W., advised that
she has three outside water faucets that are connected internally to a
meter inside her house which she reads periodically and reports to the
City on the amount of water used for outside water purposes. She
stated that she can understand why the City would want to conserve
water, bu.· the proposal by the Water Resources Committee is not the
best alternative. She added that her plumber estimates that it will cost
in the range of $600.00 - $800.00 to make the proposed changes,
instead of the $200.00 report in the report of the Water Resources
Committee. She stated that the City is correct to expect an efficient and
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cost effective system of accounting and to impose user fees for
services; however, she requested that Council instruct the Billings and
Collections Department to work with citizens and businesses to
"grandfather" those citizens who currently utilize the meters.
Charles Legg, 3602 Ridgewood Lane, S. W., advised that five of
the six houses on his street have sewer exempt meters. He explained
that approximately 15 years ago, a newwater system was installed from
Peakwood Avenue to Ridgewood Lane and residents were required to
install pressure reducing valves before water service was activated. He
added that the pressure reducing valves are located in the basement of
the homes, and to modify the system to install a meter outside the
residence would require the replumbing of five homes which is
objectionable to property owners.
William Hagan, 440 Canterbury Lane, S. W., advised that the
present system is simple and inexpensive for the City to read and it
would be unfair to change the system for a small number of people who
have already invested considerable sums of money.
Suzanne Osborne, 1702 Blair Road, S. W., advised that she has
received an estimate of over $3,000.00 to accomplish the necessary
work. She volunteered her services to work with the Billings and
Collections Department to institute a computerized system of
addressing the matter that will be both cost effective for the City and
eliminate the need for additional expense to be incurred by property
owners. She called attention to the unfairness of enforcing the new
system in February when property owners do not know if they will be
allowed to use the exempt meters during the summer months when
there could be another water shortage. She expressed concern with
regard to the undue expense to property owners and requested that
they be allowed to continue to read their meters.
Vice-Mayor Harris requested that the record reflect that when the
matter was addressed by the Water Resources Committee, he
abstained from discussions and the vote because a sewer exempt
meter is in place at his personal residence, and he will also abstain
from discussing or voting on the issue at this time.
Mr. Hudson offered a substitute motion that the matter be
referred back to the Water Resources Committee for further study,
report and recommendation to Council. The motion was seconded by
Mr. Trout and adopted, Vice-Mayor Harris abstained from voting.
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OTHER HEARING OF CITIZENS:
SEWERS AND STORM DRAINS-COMPLAINTS-BILLINGS AND
COLLECTIONS-WATER RESOURCES: Mr. George Gunther, P. O. Box
12353, expressed concern with regard to the composition of certain
City committees, and stated that instead of being solely composed of
City staff, there should be more citizen representation.
Mr. Gunther also expressed concern with regard to the overall
format of the city's water and sewer bill and the late payment fee which
takes money away from those citizens who can least afford it.
CObIPLAINTS-POLICE DEPARTMENT-ZONING: Mr. Martin Jeffrey,
517 Rutherford Avenue, N. W., requested that Council consider the
impact of the proposed amendments to Article III, Division 2,
Subdivision B., RM-1, Residential Multifamily District, Low Density
District, Chapter 36.1, Zoning, of the Code of the City of Roanoke
(1979), as amended, on other City neighborhoods, specifically the
Loudon/Melrose neighborhood that currently has 219 vacant lots. ( See
pages 14 - 17 with regard to the public hearings on an amendment and
revision to the Zoning Ordinance to permit accessory apartments
outright and to permit two-family dwellings by special exception in the
RM-1, Residential Multi-family Low Density District.)
Mr. Jeffrey also spoke in support of Mr. Eric Minor, who would
address Council following his remarks, in regard to a formal
harassment complaint which he filed against Police Officer W. G.
Boucher. He addressed the issue of perfection of justice which should
be of concern to all citizens, and law enforcement that is accountable
for its actions. He expressed concern regarding an incident involving
another citizen and Police Officer Boucher which is currently under
investigation by the City.
COMPLAINTS-POLICE DEPARTMENT: Mr. Eric Minor, 819
Seventh Street, N. W., addressed Council in connection with alleged
harassment by Police Officer W. G. Boucher, and requested that a
committee be appointed to investigate his concerns.
It was the consensus of Council to
Mr. Jeffrey and Mr. Minor to the City Manager.
refer the remarks of
POLICE DEPARTMENT: Mr. Carl Cooper, 2120 Carroll Avenue,
N. W., recommended that cameras be installed in all police vehicles as
soon as possible.
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It was the consensus of Council to refer the matter to the City
Manager.
COUNCIL: Ms. Wyatt moved that the City Attorney be requested
to prepare the proper measure providing that the 7:00 p.m. regular
session of Council to be held on Tuesday, February 22, 2000, will be
held in the Exhibit Hall of the Roanoke Civic Center. The motion was
seconded by Mr. Hudson and adopted..
There being no further business, the Mayor declared the meeting adjourned
at 10:55 p.m.
APPROVED
City Clerk
David A. Bowers
Mayor