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HomeMy WebLinkAboutCouncil Actions 02-07-00Hudson 34659 ROANOKE CITY CO UNCIL RE G ULAR SESSION February 7, 2000 12:15p. m. CITY COUNCIL CHAMBER /1GENDA FOR THE COUNCIL Call to Order--Roll Call. (Vice-Mayor Harris was absent). a. A report of the City Manager requesting 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. Concurred in request. (6-0) File #104 bo A report of the City Manager requesting a Closed Meeting to discuss or consider acquisition of real property for a public purpose 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. Concurred in request. (6-0) File//104 Co 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. Concurred in request. (6-0) File #83 At 12:20 p.m., the meeting was declared in recess. CERTIFICATION OF CLOSED MEETING. (5-0) (Council Member Swain left the meeting during the Closed Meeting) Adopted Resolution No. 34659-020700 and Ordinance No. 34660-020700, in connection with resolving a civil investigation of the City's Public Works Service Center by the Department of Environmental Quality. (5-0) File #183 At 1:55 p.m., the meeting was declared in recess to be reconvened at 2:00 p.m., in the City Council Chamber. 2 ROANOKE CITY CO UNCIL REGULAR SESSION February 7, 2000 2:00p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order -- Roll Call. (All Present) (Council Member Swain arrived at 2:40 p.m.) The Invocation was delivered by Vice-Mayor C. Nelson Hams. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Wednesday, February 9, 2000, at 7:00 p.m., and Sunday, February 13, at 4:00 p.m. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, MUNICIPAL BUILDING, OR CALL 853-2541. THE CITY CLERK'S OFFICE NOW PROVIDES THE ENTIRE CITY COUNCIL AGENDA PACKAGE ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS THE AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.CI.ROANOKE.VA.US, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. INTRODUCTIONS Introduction of special guests from the Ukraine. File #80 4 0 CONSENT AGENDA (Approved 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meeting of City Council held on Monday, October 4, 1999; the special meeting held on Friday, October 15, 1999; the joint meeting of City Council and the Roanoke City School Board held on Monday, October 20, 1999; the special meetings held on Monday, October 25, 1999; the regular meeting held on Monday, November 1, 1999; the special meeting held on Tuesday, November 9, 1999; and the regular meeting held on Monday, November 15, 1999. RECOMMENDED ACTION: Dispense with the reading thereof and approve File #132 as recorded. C-2 A communication from Mayor David A. Bowers requesting a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. C-3 RECOMMENDED ACTION: Concur in request to convene in Closed File #132 Meeting. A communication from Mayor David A. Bowers transmitting a certificate recognizing that the City of Roanoke joined cities across the nation as an official George Washington Bicentennial Community on December 14, 1999, which was the 200th anniversary of the death of George Washington. RECOMMENDED ACTION: Receive and file. File #87-137 5 C-4 A communication from Thomas M. Winn, III, Chairperson, Youth Services Citizen Board, transmitting the Annual Report of the Office on Youth. RECOMMENDED ACTION: Receive and file. File #109-304 C-5 Qualification of the following persons: Matthew Prescott as a member of the Architectural Review Board for a term ending October 1, 2003; File #15-110-249 Harry F. Collins, Sr., as a member of the New Construction Code, Board of Appeals, for a term ending September 30, 2004; File #15-110 Michael Brennan as a member of the Committee for a term ending June 30, 2000; File #15-110-394 Cultural Services Barbara N. Duerk as a member of the Roanoke Neighborhood Parmership Steering Committee for a term ending November 30, 2000; and File #15-110-488 Bittle W. Porterfield, III, as a member of the Roanoke Valley Resource Authority Board for a term ending December 13, 2003. File #15-110-253 RECOMMENDED ACTION: Receive and file. REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: ao Presentation of a resolution of appreciation regarding the recent commemoration of the 200th anniversary of the death of George Washington, on behalf of the Fincastle Resolutions Chapter of the Sons of the American Revolution. James Robert Justice, Spokesperson. (5 minutes) Received and filed. File #80-87-137 DJ Report of the Roanoke Civic Center Commission with regard to operational changes for Civic Center parking. Mark E. Feldmann, Chairperson. (5 minutes) Withdrawn. 4.PETITIONS AND COMMUNICATIONS: ao A communication from Harwell M. Darby, Jr., Attorney, representing the Industrial Development Authority of the City of Roanoke, Virginia, requesting approval of a plan of financing for the benefit of Nordt Properties, LLC, a Virginia Limited Liability Company, and John C. Nordt Co., Inc., a Virginia Corporation, for issuance of the Authority's Industrial Development Revenue Bonds, Series 2000, to assist the Company in financing the acquisition, renovation and equipping of a manufacturing facility located at 1420 Coulter Drive in the City of Roanoke. Adopted Resolution No. 34661-020700. (6-0) File #53-207 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: 1. A report with regard to the City's curb, request and rating system. (15 minutes) Withdrawn. gutter and sidewalk A report with regard to proposed drug enforcement procedures. (15 minutes) Received and filed. File #5-66-76-137 Council Member Swain entered the Council Chamber. ITEMS RECOMMENDED FOR ACTION: A joint report of the City Manager and the City Attorney with regard to drug enforcement procedures. Adopted Ordinance No. 34662-020700. (7-0) File #5-66-76-137 o A report recommending appropriation of funds, in the amount of $10,800.00, representing repayment of training funds received by First Union National Bank from the City through its job training incentive program in Enterprise Zone One for companies creating or relocating certain jobs within the area. Adopted Ordinance No. 34663-020700. (7-0) File #60-266-369 8 A report recommending appropriation of funds, in the amount of $3,580.00, received from A & M Enterprises, LLC, which amount reflects a difference in the sale price of a City-owned parcel of land to A & M Enterprises. Adopted Ordinance No. 34664-020700. (7-0) File//2-60-207-450 o A report recommending execution of Amendment No. 1 to the agreement between the City of Roanoke, the Roanoke Higher Education Authority, and the Roanoke Redevelopment and Housing Authority; and appropriation of funds in connection therewith. Withdrawn. File #178-414 A report recommending appropriation of funds for the design of the Forest Park Drainage Project, and authorization to enter into a contractual agreement with Anderson & Associates of Virginia, Inc., for engineering design services. Adopted Ordinance No. 34666-020700. (7-0) File #27-60-405-468 34665-020700 and Resolution No. A report recommending transfer of funds to provide for payment of architectural and engineering services related to structural and internal renovation of the Williamson Road Parking Garage. Adopted Ordinance No. 34667-020700. (7-0) File #60-313 o A report recommending transfer of funds to purchase chemicals for snow emergency operations. Adopted Ordinance No. 34668-020700. (7-0) File #60-410 9 10. A report recommending assignment of a permit granted to N & W Railway Company in 1930 to construct and maintain an underground tunnel and overhead pedestrian bridge crossing Center Avenue, N. W., to the Roanoke Higher Education Center, Inc., and, in turn, to Roanoke Higher Education Associates, LP, and assignment of the overhead bridge portion of the permit to the Roanoke Redevelopment and Housing Authority. Adopted Resolution No. 34669-020700. (7-0) File #102-178-414 11. A report recommending appropriation of funds from the Capital Maintenance and Equipment Replacement Program and Prior Year Retained Earnings, in connection with high priority technology needs and enhancements. Adopted Ordinance No. 34670-020700. (7-0) File #60-472 12. A report with regard to benefits for employees injured at work (Worker's Compensation Supplemental Pay). Adopted Resolution No. 34671-020700. (7-0) File #63-184 13. A report recommending modification and execution of an agreement with the Fifth District Employment and Training Consortium to reflect legislative changes, and the addition of Franklin County as a member jurisdiction. Adopted Resolution No. 34672-020700. (7-0) File #246 14. A report recommending acceptance of the Shelter Plus Care Grant extension from the U. S. Department of Housing and Urban Development, and execution of the required amendment to the grant. Adopted Resolution No. 34673-020700. (7-0) File #178-236 l0 15. A report recommending appropriation of funds from the Virginia Department of Social Services for foster care and adoption staffing. Adopted Ordinance No. 34674-020700. (7-0) File #60-72-304 b. CITY ATTORNEY: A report transmitting a measure in support of a permanent funding source for land conservation in the Commonwealth of Virginia. Adopted Resolution No. 34675-020700. (7-0) File #417 c. DIRECTOR OF FINANCE: 1. A financial report for the month of December, 1999. Received and filed. File #10 A report recommending appropriation orS 1.6 million in funding from the sale of Series 1999 General Obligation Bonds to the Jefferson Center Performance Hall renovation project. Adopted Ordinance No. 34676-020700. (7-0) File #53-60-337 A report recommending appropriation of Community Development Block Grant (CDBG) program and HOME program income from the Roanoke Redevelopment and Housing Authority, CDBG miscellaneous program income, and grant funds received from the Office of Community Oriented Policing Services. Adopted Ordinance No. 34677-020700. (7-0) File #60-178-236 o A report recommending appropriation of additional operating funds to finance costs related to remediation of certain construction defects at the Hotel Roanoke Conference Center. Adopted Ordinance No. 34678-020700. (7-0) File #60-247 d. CITY CLERK: A report advising of expiration of the three year terms of office ofF. B. Webster Day, Marsha W. Ellison and Sherman P. Lea as Trustees of the Roanoke City School Board on June 30, 2000, and applications for the upcoming vacancies will be received in the City Clerk's Office until 5:00 p.m. on Friday, March 10, 2000. Received and filed. File #467 6. REPORTS OF COMMITTEES: ao A report of the Bid Committee recommending execution of a contract with Building Specialists, Inc., for construction of a Visitor Center and picnic shelter at Mill Mountain Park; and transfer of funds in connection therewith. Council Member Carroll E. Swain, Chairperson. Adopted Ordinance Nos. 34679-020700 and 34680-020700. (7-0) File #60-67-336-398 A report of the Bid Committee recommending execution of a contract with Construction Services of Roanoke, Inc., to provide and install a two-sided entrance sign structure for the Roanoke Centre for Industry and Technology; and appropriation of funds in connection therewith. Council Member Carroll E. Swain, Chairperson. Adopted Ordinance Nos. 34681-020700 and 34682-020700. (7-0) File #60-207 A report of the Bid Committee recommending execution of a contract with L. H. Sawyer Paving Company, Inc., for construction of improvements to Frontage Road to provide accessibility to the Johnson & Johnson Vision Products site from Peters Creek Road and Hershberger Road, N. W. Council Member Carroll E. Swain, Chairperson. Adopted Ordinance No. 34683-020700. (7-0) Council Member White inquired as to the status of discussions/commitments between the City, representatives of Johnson & Johnson Vision Products and residents of the area as a result of the proposed project, and suggested that City staff meet with residents to provide an update on the project/commitments. It was the consensus of Council to refer the matter to the City Manager for report prior to the next Council meeting on Tuesday, February 22, 2000. Council Member Swain inquired if sidewalk, curb and gutter are proposed for Ordway Drive, N. W.; whereupon, it was the consensus of Council to refer the inquiry to the City Manager for report. File #20-57-207-450 7. UNFINISHED BUSINESS: None. ge INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: go Ordinance No. 34637, on second reading, authorizing execution of Amendment No. 1 to the Agreement between the City and Downtown Associates, dated January 27, 1983, providing for amendment of Paragraph No. 8 in said agreement, relating to maintenance responsibilities of the Lessee and Lessor. Adopted Ordinance No. 34637-020700 on second reading. (Council Member White was out of the Council Chamber). File #42-166 (6-0) 13 bo Ordinance No. 34657, on second reading, authorizing reservation of a 25 foot City sanitary sewer easement across City-owned property identified as Official Tax No. 4260506, located on Findlay Avenue, S. E., upon certain terms and conditions. Adopted Ordinance No. 34657-020700 on second reading. (Council Member White was out of the Council Chamber). File #27-28-166 (6-0) Co Ordinance No. 34658, on second reading, authorizing the granting of an easement for extension of overhead electric power service across City- owned property identified by Official Tax No. 6460103, and being adjacent to the Innotech, Inc., property located on Femdale Drive, N. W., upon certain terms and conditions. Adopted Ordinance No. 34658-020700 on second reading. (Council Member White was out of the Council Chamber). File #28-29-166-207 (6-0) do A Resolution supporting and endorsing the proposals and principles of the Roanoke Neighborhood Renaissance. Adopted Resolution No. 34684-020700. White was out of the Council Chamber). File #488-527 (6-0) (Council Member eo A Resolution changing the place of commencement of the regular meeting of City Council scheduled to be held at 7:00 p.m., on Tuesday, February 22, 2000. Adopted Resolution No. 34685-020700. White was out of the Council Chamber). File #51-132 (6-o) (Council Member 14 9. MOTIONS AND MISCELLANEOUS BUSINESS: ao Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Instead of widening l0th Street, N. W., Council Member Hudson called attention to questions raised by citizens as to the feasibility of widening Liberty Road, N. E., from Williamson Road to Gainsboro Road toward the new Second Street Bridge. The City Manager advised that there has been considerable discussion regarding solutions, both as to l0th Street and other roads in the area, and recommended that the matter be submitted to Council in the form of a work session discussion item inasmuch as the area is a part of the City's six year plan and may need certain modifications. It was the consensus of Council to refer the matter to the City Manager for report within 90 days and no later than Monday, June 5, 2000. File #20-514 0 Council Member Trout inquired as to the timetable for installation of the traffic light at the intersection of Preston Avenue and Plantation Road, N. E.; whereupon, it was the consensus of Council to refer the matter to the City Manager for report. File #20-183 e Council Member Wyatt proposed that the question of enacting a one cent tax on purchases of alcoholic beverage products that would be designated specifically for refuse collection, be referred to the Legislative Committee for review and report to Council. File #79-137 ® Council Member Wyatt referred to the recent benefits, pay and classification study prepared by Fox Lawson & Associates which pointed out that certain City employees are compensated at a lower per centage than other persons in equitable positions in the Roanoke Valley and requested, as a part of fiscal year 2000-01 budget study, that the City Manager review the report and submit recommendations to bring City employees up to a fair and equitable wage compared with similar positions in the Roanoke Valley. It was the consensus of Council to refer the matter to the City Manager for report to Council during fiscal year 2000-01 budget study. File #60-184 Se In connection with reporting potholes in City streets, the Mayor requested that the telephone number be published in the City Page of The Roanoke Times. File #514-183 Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY, FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. CERTIFICATION OF CLOSED MEETING. (7-o) Carl D. Cooper, Minnie Jones and Robin Murphy-Kelso were appointed as members of the Roanoke Neighborhood Partnership Steering Committee for terms ending November 30, 2002. File #15-110-488 Peter Clapsaddle was appointed as a member of the New Construction Code, Board of Appeals, for a term ending September 30, 2003. File #32-15-110 '00 FEB-3 A9:57 February 7, 2000 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting to discuss the 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 §2.1-344.A.5, Code of Virginia (1950), as amended. DLB/f cc: City Attorney Director of Finance Director of Public Safety City Clerk Sincerely, City Manager '00 J/~N 31 /~tl :31 February 7, 2000 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Re: Request for Closed Meeting Dear Mayor Bowers and Members of Council: This is to request that Council convene in a closed meeting to discuss or consider the acquisition of real property for a public purpose 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. Darlene L. Burcham City Manager DLB:KBK:afm cc: William M. Hackworth, City Attorney James D. Grisso, Director of Finance WILLIAM M. HACKWORTH ciTY AITORNEY CITY OF ROANOKE OFFICE OF CITY AT'FORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL: ¢ityatty@ ci.roanoke.va, us February 7, 2000 X PARSONS ~J~N ~ W~I.~ J. TALEVI GARY E. TEGENKAMP ALLEN T. WILSON DAVID L. COLLINS ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting to consult with legal counsel on a matter of probable litigation, pursuant to §2.1-344.A.7, Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, WMH:f cc: Darlene L. Burcham, City Manager Mary F. Parker, City Clerk William M. Hackworth City Attorney Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 10, 2000 File #183 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 34659-020700 authorizing and directing the City Manager to execute for and on behalf of the City a Consent Order with the Commonwealth of Virginia Waste Management Board and the Department of Environmental Quality (DEQ) resolving a civil investigation of the City's Public Works Service Center by the DEQ, upon certain terms and conditions; and authorizing the City Manager to take such further action and to execute and provide such further documents as may be necessary to comply with or implement the provisions of the said Consent Order. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. /~~ .7~, ~Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: William M. Hackworth, City Attorney James D. Grisso, Director of Finance Robert K. Bengtson, Acting Director, Public Works C:~MyFilca\f~b7.wlxl IN TFIECOUNC~ OF THE CITY OF ROANOKE, V1RG1NI~ The 7th day of February, 2000. No. 34659-020700. A RESOLUTION authorizing and directing the City Manager to execute for and on behalf of the City a Consent Order with the Commonwealth of Virginia Waste Management Board and the Department of Environmental Quality (DEQ) resolving a civil investigation of the City's Public Works Service Center by the DEQ, upon certain terms and conditions; and authorizing the City Manager to take such further action and to execute and provide such further documents as may be necessary to comply with or implement the provisions of the said Consent Order. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized and directed to execute for and on behalf of the City a Consent Order with the Commonwealth of Virginia Waste Management Board and the Department of Environmental Quality resolving the civil investigation of the City's Public Works Service Center by the DEQ, upon certain terms and conditions, with the form of the Consent Order to be approved by the City Attorney. 2. The Consent Order shall contain terms and conditions substantially similar to the following: (a) the DEQ allegations concerning the storage and/or disposal of solid and allegedly hazardous wastes at the middle lot at the Public Works Service Center during various periods of time, all without a permit and in violation of'various state and federal regulations or statutes; (b) the performance by the City of certain actions involving the characterization and remediation of the middle lot at the Public Works Service Center in accordance with the appropriate state and federal rules and regulations; and (c) the imposition of a civil charge against the City in settlement of the violations alleged by the DEQ in a total amount of up to $525,000. Provided, however, that up to $400,000 of the said civil charge can be satisfied by the City upon completion by the City of supplemental environmental projects undertaken by the City and approved by the DEQ. /he remaining $125,000 is to be paid to the Treasurer of Virginia through the DEQ within 30 days of the effective date of the Consent Order. 3. The City Manager is further authorized to take such further action, including payment of the civil charge of $125,000 to the Treasurer of Virginia through the DEQ, and to execute and provide such further documents as may be necessary to comply with and implement the provisions of the said Consent Order, including, but not limited to any necessary contracts or agreements with third parties to complete the supplemental environmental projects mentioned above and subject to the cost limitations set forth therein; and further to take such action as may he necessary and appropriate and to enter ir!.to such additional necessary contracts or agreements with third parties in order to implement and complete the characterization and remediation of the middle lot at the Public Works Service Center as called for by the said Consent Order. 4. By adopting this Resolution, City Council hereby expresses its intent to fund, either through prior, simultaneous, or future appropriations, the funds required for complying with the terms of the Consent Order. ATTEST: City Clerk. Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 10, 2000 File #183 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34660-020700 amending and reordaining certain sections of the 1999-2000 General and Capital Projects Fund Appropriations, providing for transfer of $125,000.00, in connection with resolving a civil investigation of the City's Public Works Service Center by the Department of Environmental Quality. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Dadene L. Burcham, City Manager Robert K. Bengtson, Acting Director, Public Works C:~dyFiles~eb7. w]xl IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA The 7th day of February, 2000. No. 34660-020700. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1999-2000 General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: qleneral Fund Aoorooriations Nondepartmental $ 62,060,555 Contingency (1) ............................................. 261,607 Transfers to Other Funds (2) .................................. 61,038,123 Capital Projects Fund Appropriations General Government Settlement State DEQ PWSC (3) ............................... 1) Contingency 2) Transfer to Capital Projects Fund 3) Litigation Settlement/ Judgement (001-002-9410-2199) (001-O04. -9310-9508) (008-052-9673-2179) $ (125,000) 125,000 125,000 $ 31,355,859 125,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. MEMO To: From: Subject: Date: ~ Parker, City Clerk Vickie Price, Administrator, FDETC Letitia Malone, Youth Care Administrator Rodney Hubbard, Director, 23-A Court Services Unit Molly Rutledge, Director, Roanoke City Health Department Corinne Gott, Superintendent, Department of Social Services Beverly James, City Librarian Glenn D. Radcliffe, Director of Human Development ~L Ukrainian Delegation February 2, 2000 Thank you for agreeing to provide information to the Ukrainian Delegation visiting the United States. Two members of the delegation will be in Roanoke to learn about Human Services Programs on February 7, 8 and 9, 2000. I have attached a copy of the schedule that was developed for the visits. I have also enclosed the following information: 2. 3. 4. 5. Legacy International Program Ukrainian Women's Leadership Focus on Family & Youth Culturgram '99 on Ukraine Profiles on the two members of the delegation It is preferable that you provide as much visual information as possible. Thank you again for your willingness to showcase your services. Please call me if you have any questions. AGENDA February 7-9, 2000 February 7, 2000 - Glenn D. Radcliffe Director of Human Development Rodney Hubbard Director, 23A Court Services Unit LUNCH Roanoke City Council Meeting Bev James, City Librarian February 8, 2000 - Fifth District Employment & Training Consortium Vickie Price,Administrator (Peter's Creek Road office) LUNCH Department of Social Services Corinne Gott, Superintendent 9:30 - 10:30 a.m. 10:30 - 12:00 p.m. 12:30 - 2:00 p.m. 2:00 - 3:00 p.m. 3:00 - 4:30 p.m. 9:30 - 11:30 a.m. 11:30 - 1:00 p.m 1:00 - 4:00 p.m. February 9, 2000 - Health Department Dr. Molly Rutledge, Director LUNCH Juvenile Justice Programs - Youth Haven I, Crisis Intervention Center, and Outreach Detention 9:00 - 12:00 a.m. 12:00 - 1:30 p.m. 1:30- 4:30 p.m. 01-19-2000 12:24PM FROM TO 15408532773 P.02 Legacy lnternatioml UKRAEqAN WObiF. aN'S LEADERSmP PROGRAM: FOCUS ON FAlVlH,Y AND YOUTHS Profikofthedelegatesandtheirrek~ns From Lugamk: 1. Svetlau Polyashebenk~: ~e~, Department of Family and Youth Services, Regional Government Administration. Svetlana's department was established in 1997 and serves approximately 600,000 youths and 33 public youth and women organizations in the Lugansk region. She ov~rs~ the work of 350 employees, the Committ~ of$1~veaile Affalr~, and a network of Social Sawic~ Ceat~. She has 7 year~ experience as a teacher at thc ~econdary level, and 10 years experience working with thc Lugamk City Committm and Regional Administration prior to her current position. She is intere~ed in learning more about U.S. -, .... :* * ; -- ~'.:m planning, personnel manag~nent; community development; grassroots organizing; ~nct political activism. DOB: 5/14/57 Yelena Yev~ikova- Young Tourist Station teacher; .President of I, ugansk Regional Girl Cruides and Girl Scouts organitatfon. Yelena's occupation is a teacher of enrichment aetivitiea for tccnag,a's with a gov~'nm~nt-opcrated program. Since 1996 she has also organiz~ and led the Girl Guides activities in and near Lugamk. Her educational background includes degrees in Russiu Literature and English Language. She has pr~ious work exp~,-rience as ajouraalist and a Russian-English int~preter. Sh~ is imerested in learning more about proposal writing aM finance, strategic pbaning, working with voltmtea's, comnmnity developmeat, and gra,~r~ organizing. DOB: 7/11/75 From L'viv: 3. Matte Chumalo: 2'rainer and d.s'sistant Coordinator, Wesl 'Ukrainian Center "Women's Prospects." Marta's organization was founded in 1996 and is funded in pan by USAID. It currently works with 650 clients (ages 15 - 35) from L'viv and the surrounding region. Mare organizes and conducts trainings and round tables, supervises the work ofother trainers, and comults with individual clients. She has studied physics and law at the university level, and has previously worked in financial administration, as a teacher, and as a comuitant. While in the US, she hopes to learn bow more about cooperation between government and public organizations, community development, political activism for women, and strengthening partnerships with U.S. women's organizations. DOB: 2/12/70 Gallna Germim: Psychologist with £ 'vlv State Regional Clinical 3tarcological Health Center. Services of the center include ;:-:? ' ; ~ ~oup psychotherapy, a telephone hotline, and preventive work with at-risk youths. She rum a voluntary group for recovering drug users with the 12 Step Program. She also works with an NGO called "Neopalyma Kupyna" (Burning Bush) which provides innovative programming, family and youth camps focused on youth development. While ill the U.S. Oalina wou~d I~¢ to learn more about successful Program planning to attain goals; how to work more successfully with volunteers in grass roots initiatives. DOB: 5/14/67 Ol~ Solti~: Head of Juvenile Affairs Service, Drogobych District State Admtntstration. Oiga has worked as a teacher, the head of a "children's establishment," and in her current position managing thc juvenile affairs services for a district which covers moro than 215,000 juveniles. Her office was established Jn 1996. Her work focuses on protecting the rights of.juveniles in the court system and coordinating medical, police, and educational services for those youths. Geographically, her district includes many separate small villages, which she personally visits. While in the U.5. she is particularly interested in learning about work with juvenile delinquents, and state progratm aimed at increasing the economic opportunities for youths and families. DOB: 7/7/62. 01-19-2000 12:29PM FROM TO i$408532773 P. 01 From Simferopol: 6. Ravilya Ablayeva: physician; Director of "Charity Fund of Medical, Social and Psychological Rehabilitation." Ravilya has been practicing medicine for more than 16 y~ars, first at state institutions and now as the co-founder and director of a private practice called "Family Doctor." She has organized her work Itc to allow for active NGO work Focusing on the Tatar refugees, her clinic provides flee medical services, social and psychological support to families with limited means and drug addicts. She plato to start a crisis center and to provide small business loans for women entrepreneurs. While in the U.S. she would like to learn about making successful work plans; community and organizational development, and personal leadership skills. DOB: 10/12/58 lrina Ivandumko: journalist; Social Programs Coordinator for "Center of Social Protection and Help." Irina works pan-time as a newspaper journalist, specializing in articles on women's rights, needa, and services. The balance ofi~r days goes to the work of her non-profit c~t~, which began in 1997 and serves up to 16,500 a year. Activitie~ include free consultations and training for women and children, work with orphanages, and services to benefit the so~ially unprotected. While in the U.S., ~h~ wants to learn how *,c - ~ -': r_teer corps to augment her staff; how to make work- plans and monitor staffand volunteer teams; and to gain more skills in grassro~ organizing and political activism. DOB: 5/18/60 Tatiana Yeadnova: Chairman, Youth &Faraily Services, Republlc Committee of Crimea. As chairman of this government agency, Tatiana's oversees the formation of state policy, development and performance of projects, and application of laws regarding women, family and youths. Thirty- two employees report to her. Previous she has worked as a secondary school teacher; with the department of youth education; as s bank manager of marketing and public relations; and on the city mayoral star She would like to learn more about the women's movement, NGO development, and to develop her leadership and management skills and ways to share them. DOB: 1/17/57 UKRdlNE, located in southeastern Eurol~, is slightly smaller ~ Texas and has 52 million people. In Soviet times, Ukraine was regarded as "the breadbask~ of the Union" and a place of beauty for vacationing. In the south, Ukraine bor&~s on the Black Sea. Its ndghbors (from east to west) are Russia, Belar~ Poland, Slovakia, Romania, and Moldova. Large coal and iron deposits contributed to strong industrial development prior to 1990. Today, the pace has slowed because industry also requires materials from outside Ukraine that can now be purchased only with hard cun'ency. Specific concerns in the family and youths services field are similar to those in the United States and include !) effects of poverty'and unemployment on family stability and teen crime rates; 2) teen pregnamy; 3) child and spousal abuse;, 4) alcoholism and drug abuse; 5) prostitution and trafficking of women; 6) 'many-children families" with inadequate support; 7) care for orphans and abandoned children. There b increasing interest in cooperation between ge', c_ ! ~-_t :.on-governmental agencies (NGOs). LUG, dNSK is an industrial town located in thc far eastern side of Ukraine, closc to the Russian border. In Soviet times, it was a large coal-mining and steel production area, although now a numbcl' of mines and · mills are closed. Extensive agriculture is ~conducted in the region. Its people are largely Russian speaking. L 'F/Vis located in the far western part of Ukraine, close to the Polish border. L'viv is the heartland of Ukrainian nationalism. Ukrainian language is spoken by most of the city's people. The city's architecture reflects Western European influence from tho time it was under the comxol of Austria, Poland and other court, es. L'viv has been called "the Pearl of Eurolm.' SIM. FEROPOI, d~nds on small industry and agriculture for its livelihood, it is located in the Crimean Republic,the southernmost part of Ukraine. Extending into the Black Sen, this renowned vacation area sports a Mediterranean climate and beautiful beaches. Rich in historical sites, the Crimea was considered part of Rnssia until 1952 when it was given to Ukraine. Russian is usually spoken. Many Crimean - Tatars who were deported to Uzbekistan in thc late 19a0's are currently relocating back to Simferopol and the Crimea. ,i TOTAL P. 01 J.E. Rash Prf -ident Dr. Ira M Kaufman Executive Director S.R Thompson Director of Communications and Training Lila Winder Comptroller INWERXATIONAL AD¥ISORY B O,.URD Jean F. Freymond Director, Centre for Applied Studies m International Negotiation Mariano Guzman Executive Director, Center for Educational Programs Dr. Viqar A. Hamdani Former UN Representative, World Muslim Congress T.N. Kaul Former Foreign Secretary, India Dr. Beryl Levinger Distinguished Professor, Monterey Institute of International Studies Prince Alfred yon Liechtenstein President, Vienna Academy for the Study of the Future Joan Martin-Brown Special Advisor to the Executive Director, United Nations Environment Programme (UNEP) Dr. P.C. Mehta Member, International Homeopathic League, Geneva Robed Muller Chancellor, University for Peace, Costa Rica Robed R. Nathan Chairman of the Board, Robert R. Nathan Associates, Inc. Dr. Alceste T, Pappas President, Pappas Consulting Barbara Scott Preiskei Chairman. New York Community Trust Dr, Kari-Henrik Robed Founder, The Natural Step, Sweden W. David Rossiter Former Director. European Community Affairs, CONOCO Overseas Oil Company Dr. Richard Rubenstein Professor, institute for Conflict Analysis & Resolution, George Mason University James M, Sams President, American Development Services Corporation S. Jacob Scherr Senior Attorney, Natural Resoumes Defense Council Hironobu Shibuya President, Pacific Basin Partners, Inc. David K. Shipler Pulitzer Prize Winning Author Philip G. Stein Philip G Stein Consultants Dr. MS. Swaninathan Honorary Director, Center for Sustainable Agriculture and Rural Development, India Robed Trimper Former President, Xerox Middle East and North Africa S,S. Uban Maj. Gen,, Retired, Former Commissioner. Minorities Commission, India; Director and President Emeritus, World Conference on Religion and Peace, India Albert Vorspan Emeritus Director of Social Action Programs, Union of American Hebrew Congregations January 21, 2000 Dear Colleague: It is a great pleasure to welcome you to the hundreds of Lynchburg and Roanoke people who have hosted citizens of Russia, Ukraine and Belarus into their places of work. Our delegation of Ukrainian women professionals arrives in Washington, DC tomorrow. This group, the 19th that Legacy and the local community have welcomed, focuses on some new topics: women's leadership, NGO development, and coalition- building in the field of Family and Youth Services. It is stage one of a multi-year endeavor. We are sure you share our excitement. We received a phone call from their orientation in Kiev today - filled with many questions and lots of excited anticipation. This trip to the United States represents and experience of a lifetime. They are especially looking forward to spending time with you on Monday, February 7 through Wednesday, February 9. [Most internships are three days; see the enclosed for individual details.] By the time your intern arrives on February 7, she will have visited Federal and City government agencies in Washington, DC; observed state agencies and citizen interaction with the state government in Richmond; visited national service-delivering organizations; and had an introduction to the local Lynchburg/Roanoke area. The three days your intern will spend with you are her chance to get a more in-depth view of a local agency or organization in operation most similar to her field. Interns will have a broad range of interests in your site - not only the services you deliver, but also infrastructure elements such as hiring and personnel practices, how you plan and work with volunteers, fundraising, public relations, billing and payment, project evaluation, or how you use an advisory board. Meetings with people in various departments might be a useful way to accomplish such an introduction. Encourage lots of questions, and feel free to ask how things are done in Ukraine! Please create a schedule of activities for your intern and email or fax us a copy of it by January 31. If someone other than yourself is serving as the main coordinator of the intemship, please indicate that as well. Enclosed is the Placement List, which gives contact information on your intern's homestay and interpreter. The homestay family is responsible for Lega International 1020 Legacy Drive Bedford, Virginia 24523 USA Telephone: (540) 297-5982 · Fax: (540) 297-1860 E-mail: mail @ legacyintl.org Recycled Paper providing transportation to and from your place of work. Both the intern and the interpreter will arrive at 8:45 AM on Monday 2/7 so that they can meet each other and locate vou together. [All but one intern will use an interpreter.] If there are any problems, call the emergency numbers on the Placement List. Please greet your guest on that first day by providing an overview of what your organization does, as well as providing the written outline of what her three days will entail. You can count on the interpreter to provide transitions between offices and meetings, as needed. Thank you in advance for your generous hospitality. We hope you also have a wonderfully enjoyable time with your guest. Sincerely. Shanti Thompson Director of Training Marlene Ginsberg Project Director Legacy International's UKRAINIAN WOMEN'S LEADERSHIP: FOCUS ON FAMILY AND YOUTHS Program Description As NIS countries make their transition to a free market economy, many of the stresses of this transformation are falling upon women, families, and youth. Limited income, alcoholism, abuse, drugs, and other challenges take their toll. At the same time, certain women and women's groups in NIS countries are emerging as leaders ingrassroots activity. They are playing new roles in the political arena, and have contributed to democratic and civil values taking root in the region. Legacy International and partners will provide Ukrainian wOmen and women's groups with opportunities to address their needs and capitalize on their potential, thus strengthening their collective voice in political, social, and democratic arenas. Eight women in the field of family and youth services have been selected through an open competition conducted through media campaigns and personal outreach. The delegation will travel to the US in January 2000 for a grass roots tour and leadership training program. The women come from L'viv in western Ukraine, Lugansk in eastern Ukraine, and the autonomous republic of the Crimea in the south. They represent both non-government and government agencies and various ethnic identities. Interactions during the trip will be used to stimulate greater cooperation among regions and sectors as well as to enhance the national and global vision of the delegates. U.S. tour activities will focus on leadership development, organizational development, and family and youth services. Participants will 1) visit national family and youth services organizations in Washington D.C.; 2) travel across Virginia, meeting with local organizations and grassroots women activists; 3) participate in leadership training programs; 4) intern in local organizations; 5) prepare briefings and training components to share with peers in Ukraine. Upon their return home, they will be equipped to demonstrate expanded leadership in their organizations and communities; to network, build coalitions, and cooperate across sectors; and to assist other women in gaining new skills and perspectives. The project's primary goals include: acquaint U.S. and Ukrainian women leaders in family and youth services with their counterparts, seeding on-going communication and information exchange; · assist Ukrainian women to gain new perspectives on their work and to identify new methods to address the challenges they face, through the exchange of skills and information; · advance leadership, communication, and coalition-building among Ukrainian women, both NGO and government leaders, fi.om three districts; · provide materials and methods for participants to share their learning with Ukrainian colleagues; · involve a minimum of 120 additional women in Ukraine in leadership training and briefing sessions. 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, 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 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.) 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.) ACTION: 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: 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. 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 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. 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. 2 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. 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. 3 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. ACTION: 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.) 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, 4 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)(I), 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 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. 5 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 ten "multi-family housing" as to location and number of units in a specific area so as notto create an "asphalt jungle." She spoke in support of constructing housing 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. 6 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 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 7 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 that the 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 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. 8 ACTION: (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 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 of a resolution supporting the exemption from taxation of certain real property located at Rutherford Avenue, N. W.; 319 and 319A 9 ACTION: 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. ACTION: 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 at 706 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.) 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 10 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 atthe Iowwater 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 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 at the 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 11 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. 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. 12 ACTION: 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 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: 13 ACTION: 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. 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 14 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. 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: 15 ACTION: (#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: 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: (#34498-100499) AN ORDINANCE authorizing the City of Roanoke's participation in the New River Valley Commerce Park Project (Project); approving the Participation Agreement for that Project; authorizing 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 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 16 ACTION: 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, 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. 17 (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. 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. 18 ACTION: 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.) 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: 19 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. 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. 2O ACTION: (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. 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. 21 ACTION: (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.) Mr. Trout moved the adoption of Resolution No. 34503-100499. 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. 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.) 22 ACTION: ACTION: 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. 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: 23 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. 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: 24 ACTION: (#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: 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: 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.) 25 ACTION: 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. 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 (CIP) Drainage Program in order to address problems in a fair manner; Council approved acquisition of property rights for the Capital Improvements Program (ClP) 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: (#34509-100499) 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 26 ACTION: 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.) Ms. Wyatt moved the adoption of Ordinance No. 34509-100499. 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. 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 (RCIT); 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.) 27 ACTION: ACTION: 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 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 28 ACTION: 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. 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 thatthe 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 be 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 29 able to be complied with and the City would then be ready to acquire the required property interests for the project; and the proposed method of acquisition is to subdivide the large industrial site to partition off the 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. ACTION: (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 30 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 simple ownership of the cleared properties; if any of the three property 31 ACTION: 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 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. 32 ACTION: 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 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 fora complete open and participatory government process so that all Gainsboro residents are given an opportunity to voice their opinions and to make decisions 33 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 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: 34 ACTION: (#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: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers ................................................................ 7. NAYS: None ....................................................................... 0. 35 ACTION: 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: ACTION: 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 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.) Mr. Trout moved the adoption of Ordinance No. 34494-100499. The motion was seconded by Mr. Swain and adopted by the following vote: 36 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: 37 INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTION: 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 Member White 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. 38 ACTION: ACTION: ACTION: 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. 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: 39 ACTION: ACTION: ACTION: 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: 4O 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 David A. Bowers Mayor 41 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, David A. Bowers Mayor DAB:MFP: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 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 respectto 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 2 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 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 3 ROANOKECITYCOUNCIL ..... ROANOKECITYSCHOOLBOARD 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 Meetinqs, 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. Wishneff--1. 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. 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 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 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 continue to focus on this element as to examples, data and design programs for all 2 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. 3 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. 4 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 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. 5 (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; 2. 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 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.) 6 ACTION: ACTION: 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.) 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 ....................................................................... 0. (Council Member Wyatt was absent.) 7 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. 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 last year 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 8 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 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.) 9 ACTION: 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 Equipment 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 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. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: 10 ACTION: (#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. 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 side 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. 11 ACTION: 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. 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.) 12 ACTION: 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. (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: 13 ACTION: (#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. (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.) 14 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. 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. 15 ACTION: 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: 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, 16 ACTION: 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 ora 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. 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.) 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. 17 ACTION: (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 thatthe 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: (#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, 18 ACTION: 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 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 $1,500.00 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: 19 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 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. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: 2O (#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.) ACTION: 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 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 21 ACTION: 1125 1126 1130 1131 2010 2020 2021 2030 2042 Health Insurance Dental Insurance Life Insurance Long Term Disability Fees for Professional Services Telephone Cellular Telephone Administrative Supplies Dues & Membership 2044 Training & Development 2046 Mileage 2066 Program Activities $ 4,140.00 463.00 0.00 175.00 500.00 300.00 1,000.00 500.00 700.00 2,000.00 1,500.00 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: (#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. (For full text of Resolution, see Resolution Book No. 62, page 299.) 22 ACTION: 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 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. 23 ACTION: 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: 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. 24 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 Unprogrammed CDBG - Other Unprogrammed CDBG - RRHA (035-099-9940-5187) (035-099-9940-5189) (035-099-9940-5197) (035-G00-0040-5187) (035-G00-0040-5189) (035-G00-0040-5197) $21,893.00 34,888.00 25,258.00 52,497.00 1,767.00 8,105.00 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.) 25 ACTION: 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. (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. 26 ACTION: 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 3,000.00 273,331.00 Operating Costs (3.85%) Transfer to Capital Net Adjustment $ 10,523.00 (12o,ooo.oo) $(109,477.00) Capital Costs (96.15%) $262,808.00 Transfer from Operating 120~000.00 Total 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: 27 ACTION: 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. I 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. 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. 28 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. ACTION: (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: 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: 29 ACTION: ACTION: 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. (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: 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.) 3O OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: PURCHASE/SALE OF PROPERTY- SIGNSIBILLBOARDSIAWNINGS-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. 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. 31 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. 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 32 ACTION: 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 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. 33 (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 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." 34 ACTION: 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 to the initial request for 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 ....................................................................... 0. (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. 35 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. ACTION: 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: Pursuantto 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.) 36 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: 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.) 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: 37 (#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: 38 (#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; 39 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; w 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 40 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, lam 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. 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 2 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 3 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: 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 MemberWyatt 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 2 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, 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 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. 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 the 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. 2 Ms. Castern presented the City of Roanoke with a Certificate of Appreciation for the City's support of Project Impact. 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. ACTION: 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.) Mr. White moved the adoption of Resolution No. 34540-110199. 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. 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.) 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 4 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. 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: 5 ACTION: ACTION: 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, 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: ACTION: 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.) 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 8.) CITY MANAGER: A communication from Council Member William 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 7 ACTION: 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: 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. 8 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 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 cuffing 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. 9 ACTION: 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 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 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, 10 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 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. ACTION: Without objection by Council, the Mayor advised that the briefing would be received and filed. PETITIONS AND COMMUNICATIONS: TRAFFIC-LEGISLATION-TOURISM.VlSlTOR,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. 11 Itwas 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 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: 12 ACTION: 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 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 (RClT). 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, 13 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 $2,5OO,00. 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: 14 ACTION: (#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: ACTION: 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 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. 15 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 and 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 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 16 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. ACTION: 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.) 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. 17 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 (RCIT), 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. (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.) 18 ACTION: Mr. Trout moved the adoption of Ordinance No. 34545-110199. The motion was seconded by Mr. Harris and adopted by the following vote: ACTION: 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. I 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.) 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 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. 19 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. (Council Member Wyatt was out of the Council Chamber.) Mr. Trout offered the following resolution: 20 ACTION: (#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 21 ACTION: Amount of contingency fund remaining after Change Order No. 9 is $776,791.00. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: (#34649-110199) 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. 34649-110199. 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. 22 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-S20,000.00. 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. Purchase fire boots, coats, pant and helmets for fire suppression purposes. 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.) 23 ACTION: Mr. Trout moved the adoption of Ordinance No. 34550-110199. The motion was seconded by Mr. Hudson and adopted by the following vote: 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. 24 ACTION: 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 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.) 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. 25 ACTION: DIRECTOR OF FINANCE: 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 $ 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 26 ACTION: Series 1999B Bonds: Roanoke Higher Education Center Johnson and Johnson Improvements Total Capital Projects Fund School Capital Projects Fund Series 1999A Bonds: Schools Grand Total $ 2,500,000.00 7,600,000.00 :$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. 27 ACTION: 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. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 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: 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. 28 ACTION: (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: ACTION: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................. 7. NAYS: None ....................................................................... 0. ZONING: Ordinance No. 34533, amending 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 in a 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. 29 ACTION: 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 for its second reading and final adoption: (#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. (For full text of Ordinance, see Ordinance Book No. 62, page 312.) 30 ACTION: Mr. Trout moved the adoption of Ordinance No. 34535-110199. 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. 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. 31 ACTION: 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: (#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: Itwas 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. 32 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. 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: 33 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 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 regulations. 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 that was 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 34 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 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. 35 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. PURCHASE/SALE OF PROPERTY- SlGNSlBILLBOARDSlAWNINGS-HOUSlNGIAUTHORITY: 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 AvenuelGainsboro 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. 36 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: 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: 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.) 37 ACTION: 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. Sr. Mr. Hudson placed in nomination the name of Harold H. Worrel, ACTION' 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: 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: 38 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. (Vice-Mayor Harris and Council Member Trout were absent.) There being no further business, the Mayor declared the meeting adjourned at 6:06 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 39 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, Meetin_~s 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. Sincerely, DAB/na David A. Bowers, Mayor 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 theVirginia 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. 2 (Council Member Wyatt was absent.) There being no further business, the Mayor declared the Special Meeting adjourned at 3:55 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 3 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, 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. 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. 2 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, 1999, 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. 3 Without objection by Council, the Mayor advised that the briefing would be received and filed. ACTION: The Mayor announced that the Special Events Committee and the City's Department of Parks and Recreation are planning a special celebration for the $0th 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 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)(I), 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. 4 ACTION: ACTION: (Council Member Wyatt was out of the Council Chamber.) 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 ....................................................................... 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: 5 ACTION: 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-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 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 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 6 ACTION: Accounts Payable Police Department Cash Funds Risk Management Insurance Canteen Fund Questions Part-Time Payroll Update Fleet Management Update 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 7 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. ACTION: (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.) 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 Acting 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. 8 ACTION: (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 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. ACTION: (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed, and that the resignation be accepted. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. 9 ACTION: (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. General Fund: Total Budgeted Personnel Lapse ($879,325.00) First Quarter Personnel Lapse Generated July $179,481.00 August 187,975.00 September 194,190.00 $561,646.00 Less Revenue Adjustment (96,367.00) Net First Quarter Reduction $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 OLDERAMERICANS-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 10 ACTION: 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 before 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 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: ACTION: 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.) 11 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 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 pettherapy 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 12 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 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 £vents Partnership; Councilman Carroll Swain for the anti-litter 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. 13 ACTION: 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. 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. 14 ACTION: 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 improvements 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. $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.) Mr. Trout moved the adoption of Ordinance No. 34555-111599. 15 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 Management. He stated that leaves are dealt 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 16 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 zone 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. 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 (CIP). 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 CIP, which 17 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 ClP for fiscal years 1999-2003 and the update included projects completed during the last fiscal year and no longer included in the CIP, 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 advised 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 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 18 ACTION: $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 Fund Transfer to Capital Projects Fund to 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: 19 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. ACTION: (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. 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 20 ACTION: 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.) Mr. Trout moved the adoption of Resolution No. 34558-111599. 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. 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, t997, and October 31,1997, and maintaining those positions during the term of the parking agreement; First Union has 21 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. Itwas further advised that First Union officials forwarded a letter dated September 28, 1999, requesting renewal of the parking agreement at the 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. 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 22 ACTION: 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. 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 $~9,179.00 to the following expenditure accounts: 23 ACTION' 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: ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. Mr. Trout offered the following resolution: (#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. 24 ACTION: 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.) 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. 25 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 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: 26 ACTION: (#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 ....................................................................... O. 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 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.) 27 ACTION: 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, 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. 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. 28 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.) ACTION: 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: ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. DIRECTOR OF FINANCE: 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. 29 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. It was 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 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. 30 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 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, 31 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. She 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, grant employees have been given a lesser retirement package, for years employees who are in seemingly permanent positions 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 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. 32 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 unanimously 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. (For full text of Resolution, see Resolution Book No. 62, page 345.) 33 ACTION: 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". 34 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 of S. 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: 35 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 $669.36. 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 of Supply Management has determined that AEP is a sole source for 36 ACTION: ACTION: 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. (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: 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: 37 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 d/b/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 38 ACTION: 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. (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: 39 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 behalf of the 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 thatthe projectwas 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: 4O ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. 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 41 ACTION: 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 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, if a 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. 42 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. 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: 43 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. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ACTION: 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.) 44 ACTION: 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: ACTS OF ACKNOWLEDGEMENT-COUNCIL: The Mayor presented a communication in connection with a tiffing 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. 45 ACTION: 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. 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 46 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. 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 47 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 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 thatshe 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. 48 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 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, 49 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 rezoning request; the City Planning Commission 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. 50 ACTION: 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: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. TAXES-LEAGUE OF OLDERAMERICANS: 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. 51 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. 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. 52 Mr. James Short, 5109 Appletree Drive, addressed Council on behalf of his mother who resides on Orange Avenue, and expressed opposition 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. 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 political 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 53 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. 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. 54 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 extent 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. Mr. Harris moved that Council concur in Alternative C of the report of the City Planning Commission to deny the request and develop an 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 55 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 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. 56 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. 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, 57 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. There 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. 58 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 59 DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE S.W. - ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 February 7, 2000 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Sincerely, David A. Bowers Mayor DAB:se DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE S.W. - ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 January 19, 2000 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: Please receive and file the enclosed certificate recognizing that the City of Roanoke joined cities across the nation as an official George Washington Bicentennial community on December 14, 1999, which was the 200th anniversary of the death of our "Father of Our Country". On behalf of the citizens of Roanoke, I think we should express our appreciation to Rupert Cutler and the other volunteers and organizations that helped to make the ceremony significant and memorable for our community. I would respectfully request that this matter be placed on the Consent Agenda of the next meeting of Council and thereafter request that the City Clerk receive and record the certificate for posterity. Sincerely, David A. Bowers Mayor DAB:jj Enclosure pc: Mary F. Parker, City Clerk DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE S.W. - ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540)853-1145 January 19, 2000 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: Please receive and file the enclosed certificate recognizing that the City of Roanoke joined cities across the nation as an official George Washington Bicentennial community on December 14, 1999, which was the 200th anniversary of the death of our "Father of Our Country". On behalf of the citizens of Roanoke, I think we should express our appreciation to Rupert Cutler and the other volunteers and organizations that helped to make the ceremony significant and memorable for our community. I would respectfully request that this matter be placed on the Consent Agenda of the next meeting of Council and thereafter request that the City Clerk receive and record the certificate fo~ posterity. Sincerely, David A. Bowers Mayor DAB: j j Enclosure pc: Mary F. Parker, City Clerk George ',\ In Celebration of the '~999 B I CENT E N N I ,NL and In recognition of outstanding effort to commemorate the "Father of His Country" City of Roanoke, Virginia has joined communities nationwide as an official Washington Bicentennial Community December 30, 1999 Date Regent Historic Mount Vernon MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy Cit~ Clerk February 14, 2000 File #109-304 Thomas M. Winn, III, Chair Youth Services Citizen Board 2615 Cornwallis Avenue, S. E. Roanoke, Virginia 24014 Dear Mr. Winn: The Annual Report of the Youth Services Citizen Board, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. On motion, duly seconded and unanimously adopted, the report was received and filed. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io pc: Marion A. Vaughn-Howard, Youth Planner, Office on Youth C:'~My File~\fcb7. wtxl WOODS, ROGERS & HAZIZGROVE Attorneys at Law 24 P4:49 January21,2000 Dear Mayor Bowers & Members of City Council: On behalf of the Youth Services Citizens Board, I am submitting the Office on Youth's Annual Report which outlines the Office's activities and accomplishments for the past year. As you can see, the past year has been an extremely active and positive one for the Office. Among the highlights were: * America's Promise in Roanoke Kick-Off summit on November 17, 1999; the procurement of four continuation grants totaling $100,000 that helped the Office work with the Juvenile Court System to enhance the quality of life for our City's youth; the adoption and implementation of the Task Force on Youth's recommendations; and several successful youth-oriented summer programs. Our program for 2000 under the leadership of Marion Vaughn-Howard is equally exciting as we continue to incorporate the recommendations of the City's Youth Task Force. I had the privilege when I was a junior high and high school student here in Roanoke to serve on the Youth Advisory Committee. I am pleased that we are able to continue to involve youth representatives in fulfilling the mission of the Office. Ms. Howard, her staff, and her legions of volunteers are to be commended for the good work they enthusiastically perform on behalf of those to whom our future is entrusted. Once again, it is my pleasure to submit our Annual Report. Please feel free to call upon Ms. Howard, the Board or me personally should you have any questions. I appreciate the opportunity to serve the City in this regard. Thom'as M. Winn, IIIj Chairman, Youth Services Citizens Board CC: Darlene Burcham, City Manager Glenn Radcliffe, Director, Human Development P. O. Box 14125 / Roanoke, Virginia 24038 -4125 10 South Jefferson Street, Suite 1400 / Roanoke, Virginia 24011 540 983-7600 / Fax 540 983-7711 Internet -- mail~voodsrogers.com Offices also in Charlottesville, Danville and Richmond, Virginia MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk February 10, 2000 File #15-110-249 Robert B. Manetta, Chair Architectural Review Board 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24012 Dear Mr. Marietta: This is to advise you that on January 26, 2000, Matthew Prescott qualified as a member of the Architectural Review Board for a term ending October 1,2003. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io pc: J. Neal Holthouser, Secretary, Architectural Review Board Sandra H. Eakin, Deputy City Clerk C:~MyFilm\fcb7.wlxt RECEIV~O CITY ""' Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Matthew Prescott do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Architectural Review Board for a term ending October 1, 2003, according to the best of my ability. (So ~.1~ me God.) Subscribed and sworn to before me this-)-~ day of ,,-~c~f'~ 2000. ARTHUR B. CRUSH, III, CLERK BY ,,J~'~ ~ ~/..-~_F'.~L~, DEPUTY CLERK C:LMyFiles\j an4.wpd Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 10, 2000 File #15-110 Sandra H. Eakin Deputy City Clerk Patti Hanes, Secretary New Construction Code, Board of Appeals Roanoke, Virginia 24018 Dear Ms. Hanes This is to advise you that on January 20, 2000, Harry F. Collins, Sr., qualified as a member of the New Construction Code, Board of Appeals, for a term ending September 30, 2004. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io pc: Sandra H. Eakin, Deputy City Clerk C:XMyFil~fcbT.wpd RECEIVE[~ CITY C!.~?!'~% C' ~:?~- Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Harry F. Collins, Sr., do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the New Construction Code, Board of Appeals, for a term ending September 30, 2004, according to the best of my ability. (So help me God.) Subscribed and sworn to before me thi~.~__~ay o~ ~c~° ARTHUR B. CRUSH, III, CLERK C:hMyFiles\oct4.wpd. I .wpd Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 10, 2000 File #15-110-394 Sandra H. Eakin Deputy City Clerk Glenna O. Ratcliffe, Secretary Cultural Services Committee Roanoke, Virginia Dear Ms. Ratcliffe: This is to advise you that on January 27, 2000, Michael Brennan qualified as a member of the Cultural Services Committee for a term ending June 30, 2000. MFP:Io Sincerely, Mary F. Parker, CMC City Clerk Sandra H. Eakin, Deputy City Clerk C:',My File~feb7. wlxl I~ECEi~E~ Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Michael Brennan, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Cultural Services Committee for a term ending June 30, 2000, according to the best of my ability. (So help me God.) Subscribed and sworn to before me this.Q_r~'day o~ -49997. ~ ARTHUR B. CRUSH, III, CLERK C:hMyFilesXscpt7.1 .wpd Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 10, 2000 File #15-110-488 Sandra H. Eakin Deputy City Clerk Charles W. Hancock, Chair Roanoke Neighborhood Partnership Steering Committee 1016 Estates Road, S. E. Roanoke, Virginia 24014 Dear Mr. Hancock: This is to advise you that on January 24, 2000, Barbara N. Duerk qualified as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io pc' Elizabeth A. Watson, Secretary, Roanoke Neighborhood Partnership Steering Committee Sandra H. Eakin, Deputy City Clerk C:'~My Files\ feb7 .w~xt ~ECEtVEi) CITY ........ '~ UU OI~R -'~ F t4 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Barbara N. Duerk, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2000, according to the best of my ability. (So help me God.) Subscribed and sworn to before me th ARTHUR B. CRUSH, III, CLERK ,DEPUTY CLERK C:'~IyFiles\dec6.wpd MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk February 10, 2000 File #15-110-253 Allan C. Robinson, Chair Roanoke Valley Resource Authority Board 1020 Hollins Road, N. E. Roanoke, Virginia 24012 Dear Mr. Robinson: This is to advise you that on January 24, 2000, Bittle W. Porterfield, III, qualified as a member of the Roanoke Valley Resource Authority Board for a term ending December 13, 2003. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io pc; Carolyn Wagner, Secretary, Roanoke Valley Resource Authority Board, 1020 Hollins Road, N. E., Roanoke, Virginia 24012 Sandra H. Eakin, Deputy City Clerk C:~yFiles\fcb7.wlxt Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Bittle W. Porterfield, III, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Valley Resource Authority Board for a term ending December 13, 2003, according to the best of my ability. (So help me God .) Subscribed and sworn to before me thi day ~ ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK C:~VfyFiles\dcc20.w~ A RESOLUTION RESOLVED, tl~ Fincastle Resolutions Chapter of the Sons of the Ame~ Revolution did, on December 14, 1999, conmm~rate the death ofC, eorse Wazhington, Co~ of the Continental Army and First President of the United States of America, who died on December 14, 1799, to impress upon the citizenry the imstimable contn'bt~om he umde to the cnmtion and development of the Un/ted States of America, And, the Mm/or and City Council of the City of Roanoke, Virginia; the IX-pattm~ of P~zks and Recre~ion and the Police Department, under their direction, did invaluable service to the success of this pmgr~n; Now, The~r~, Be It That, the Fincastle Resolutions Chapter ofthe Sons ofthe American Revolution, hereby, e~ its unqtmlified appreciation to the Mayor ~d other members ofthe City Council of Roanoke, Virginia for their support and participation in this effort. FEB--BS-L:~ 18: ~B Ralph W. Holsinger, II1 '~ To: FAX: From: FAX MESSAGE Ms. Sandi Eakin Office of the City Clerk City of Roanoke, VA Date: February 3, 2000 Page lof2 853-1146 Jnmes Robert Justice, Immediate Past President Subj~t: SAR Resolution Per your EMail today, I am enclosing a copy of the Resolution which I will present to Council on Monday, February 7. Bob Justice FEB-03-20E)8 18:05 P.O1 '00 ~-3 P2:21 February 7, 2000 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Briefing - Operational Changes for Civic Center Parking This is to request five (5) minutes on Council's 2:00 p.m. agenda to brief Council of recent action taken by the Civic Center Commission regarding parking at the Civic Center. Respectfully submitted, CC.' Members, Civic Center Commission City Manager City Clerk Civic Center Manager Mark E. Feldmann, Chairman Civic Center Commission MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue~ S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk February 10, 2000 File #53-207 Harwell M. Darby, Jr., Attorney Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 Dear Mr. Darby: I am enclosing copy of Resolution No. 34661-020700 approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of Nordt Properties, LLC, a Virginia limited liability company and John C. Nordt Co., Inc., a Virginia Corporation, to the extent required by Section 147 of the International Revenue Code of 1986, as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: Lynn D. Avis, Chair, Industrial Development Authority of the City of Roanoke, 3848 Bosworth Drive, S. W., Roanoke, Virginia 24014 Dadene L. Burcham, City Manager C:hMyFilca\fc'b7.wpd IN THE CITY OF COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of February, 2000 No. 34661-020700. A RESOLUTION APPROVING THE PLAN OF FINANCING OF THE INDUS~ DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA, FOR THE BENEFIT OF NORDT PROPERTIES, LLC, A VIRGINIA L[M1TED LIABILITY COMPANY AND JOHN C. NORDT CO. INC., A VIRGINIA CORPORATION, TO THE EXTENT REQUIRED BY SECTION 147 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED WHEREAS, the Industrial Development Authohty of the City of Roanoke, Virginia (the "Authority"), has considered the application of Nordt Properties, LLC and John C. Nordt Co. Inc. (collectively, the "Company"), the principal offices of the Company being 1420 Coulter Drive, Roanoke, Virginia 24012, requesting the Authority to issue its Industrial Development Revenue Bonds (John C. Nordt Co. Inc. Project), Series 2000, not to exceed $4,500,000 (the "Bonds") to assist the Company in financing the acquisition, renovation and equipping of a manufacturing facility located at 1420 Coulter Drive in the City of Roanoke, Virginia (the "Facility"); and WHEREAS, the initial owner or operator of the Facility will be the Company; and WHEREAS, the Authority, having adopted an Inducement Resolution on January 7, 2000 (the "Inducement Resolution"), and having held a public heating as required by Virginia and Federal Codes, on January 7, 2000, recommended the approval of the issuance of the Bonds for the Company. WHEREAS, the City Council of the Ciw of Roanoke, Virginia (the "City Council"), concurs with the Inducement Resolution adopted by the Authority; and WHE~AS, Section 147(0 of the Intemal Revenue Code of 1986, as amended (the "Code"), provides that the govemmental unit having jurisdiction over the issuer of revenue bonds and over the area in which any facility financed with the proceeds of revenue bonds is located must approve the issuance of the bonds; and WI-I~REAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the "City"), the Facility is to be located in the City, and the City Council is constituted of the highest elected governmental officials of the City; and WHERE., the Authohty recx)mmends that the City Council approve the issuance of the Bonds; and WHEREAS, a certificate of the public hearing and a detailed summary of any comments expressed at the public hearing have been filed with the City Council. NOW, THEREFORE, BE 1T RESOLVED BY THE C1TY COUNCIL OF THE CITY OF ROANOKE. VIRGINIA: 1. The City Council approves the issuance of the Bonds in an aggregate principal amount not to exceed $4,500,000 by the Authority for the benefit of the Company, as required by Section 147(0 of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 147(0 of 2 the Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the credit worthiness of the Facility or the Company, and, as required by Section 15.2-4909 of the Code of Virginia of 1950, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth, the City nor the Authority shall be pledged thereto. 3. The City Council hereby agrees to apply to the Virginia Small Business Financing Authority to request an allocation of up to $4,500,000 of the State Ceiling for the Bonds, subject to amiability, pursuant to the Virginia Industrial Development Revenue Bond Act, and directs, the City Manager to prepare and file an application therefor as promptly as practicable. 4. This Resolution shall take effect immediately upon its adoption. The undersigned Clerk of the City Council of the City of Roanoke, Virginia, does certify that the foregoing constitutes a U'ue, correct and complete copy of a resolution adopted by said City Council at its regular meeting, duly called and held on February 7, 2000, at which a quorum was present and acting throughout, and that the individual vote of each member of the City Council is recorded in the record of the proceedings. WITNESS the following signature and seal, this 7th day of February, 2000. (SEAL) Clerk of the City Council of the City of Roanoke, Virginia ~10 1"~ STREET, S. ~, SUITE ~00 ROANOKE, VIRGINIA 24001 (~40) ~4-8000 FAX (540] ~4-8050 HARWELL M. DARBY, JR. Direct Dial (540) 224-8006 E-mail hdarby~gfdg.com January 31, 2000 VIA HAND DELIVERY Ms. Sandy Eakin, Clerk Roanoke City Council 215 Church Avenue, SW Roanoke, Virginia 24011 Re~ Proposed $4,500,000 Industrial Development Revenue Bond Financing for John C. Nordt Co. Inc. Dear Sandy: I am delivering the following documents for the council meeting on the 7th: 2. 3. Tegenkamp. Certified copy of IDA Inducement Resolution adopted January 7, 2000. Certificate of Public Hearing with Exhibits A, B and C attached. Form of City Council Resolution, which has been approved by Gary By copy of this letter, I am sending copies of these documents to Bill Hackworth. HMDJR:awm:0042105 Cordially yours, Harwell M. Darby, Jr. cc: William E. Hackworth, Esq., City Attorney (w/enc.) INDUCEMENT RESOLUTION OF AUTHOR}~ d3}-{ 31 WHEREAS, there have been described to the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), the plans of Nordt Properties, LLC, a Virginia limited liability company in conjunction with John C. Nordt Co. Inc., a Virginia corporation (collectively, the "Company"), to finance the acquisition, renovation and equipping of a manufacturing facility (the "Facility") in Roanoke, Virginia (the "City"); and VqflEREAS, the Company in its application filed with the Authority and in its appearance before the Authority has described the benefits to the City and has requested the Authority to agree to issue its Industrial Development Revenue Bonds under the Virginia Induslrial Development and Revenue Bond Act (the "Act") in such amounts as may be necessary to finance the cost of acquisition, renovation and equipping of the Facility; BE 1T RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA: 1. It is hereby found and determined that the acquisition of the Facility by the Company in the City of Roanoke, Virginia, will bring additional revenues and employment into the City and will promote the industrial development and economy of the City, benefit its inhabitants, increase their commerce and promote their safety, health, welfare, convenience and prosperity. 2. To induce the Company to acquire the Facility, the Authority hereby agrees, subject to required approvals and the compliance of the proposed issue with applicable law, to assist the Company to finance the acquisition, renovation and equipping of the Facility by undertaking the issuance of its Industrial Development Revenue Bonds therefor in an amount not to exceed $4,500,000 (the "Bonds") upon terms and conditions to be mutually agreed upon between the Authority and the Company. The Facility may be sold by the Authority to the Company pursuant to an installment sale or other agreement or funds may be loaned to the Company by the Authority pursuant to a loan agreement, which will provide payments to or for the benefit of the Authority sufficient to pay the principal of, premium, if any, and interest on the Bonds and to pay all other expenses in connection with the acquisition, renovation and equipping of the Facility. The Bonds shall be issued in form and pursuant to terms to be set by the Authority and the payment of the Bonds shall be secured by an assignment for the holders thereof of the Authority's rights to payments under the installment sale, loan or other agreement and may be additionally secured by the mortgage of the Facility. 3. It having been represented to the Authority that it is necessary to proceed immediately with the acquisition, renovation and equipping of the Facility, the Authority hereby agrees that the Company may proceed with the plans for the Facility, enter into contracts for such acquisition, renovation and equipping and take such other steps as it may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the Company to obligate the Authority without its consent in each instance to the payment of any monies or the performance of any acts in connection with the Facility. The Authority agrees that the Company may be reimbursed from the proceeds of the Bonds for all costs so incurred by it subsequent to the passage of this resolution, as well as for costs ineUrCed by it prior to the passage of this resolution and pursuant to Section 9 hereof. The Authority also agrees, if requested, to issue its notes to obtain interim financing for the Facility on terms to be mutually agreed upon, such notes to be guaranteed or otherwise secured by the Company as required by the lender and the Authority. 4. The Authority shall accept, if requested, from or on behalf of the Company 2 conveyance of such land in the City on which the Facility will be located. The officers of the Authority are hereby authorized and directed to accept and have recorded a proper deed or deeds in connection with such conveyance. If for any reason the Bonds are not issued, the Authority shall convey such property to the Company or to such other person as the Company may request, without cost other than the expense of preparation and recordation of such deed or deeds of conveyance. 5. The Chairman of the Authority is authorized, if requested by the Company, to initiate a proceeding in the Circuit Court of the City of Roanoke, Virginia, to provide for the judicial validation of the Bonds authorized hereby pursuant to Article 6 of the Public Finance Act of 1991, as amended, and in connection therewith, to take whatever further action, with advice of bond counsel and counsel for the Authority, he or she may deem necessary or desirable. 6. All costs and expenses in connection with the financing, acquisition, renovation and equipping of the Facility, including the fees and expenses of bond counsel, counsel to the Authority and the agent or underwriter for the sale of the Bonds, shall be paid fi.om the proceeds of the Bonds subject to applicable limitations of federal and state law. If for any reason such Bonds are not issued, it is understood that all such expenses shall be paid by the Company and that the Authority shall have no responsibility therefor. 7. The Authority intends that the adoption of this resolution be considered as "official action" toward the issuance of the Bonds within the meaning of the regulations issued by the Internal Revenue Service pursuant to Section 144 of the Intemal Revenue Code of 1986, as amended. 8. The Authority hereby declares its intention that bond proceeds be used to reimburse 3 the Company for expenditures made with respect to the acquisition, renovation and equipping of the Facility after the date of this Inducement Resolution (the "Expenditures"). The Authority reasonably expects on the date hereof that proceeds of the Bonds will be used to reimburse the Expenditures. Each Expenditure was and will be either (a) of a type properly chargeable to a capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Bonds, (c) a nonrecurring item not customarily payable from current revenues or (d) a grant to a party that is not related to or an agent of the Company so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the Company. The maximum principal amount of the Bonds expected to be issued for the Facility is $4,500,000. The Authority will make a reimbursement allocation expected to be in a form specified for issuers under Reg. § 1.150-2 of the Federal Treasury Regulations, evidencing the Authority's use of proceeds for the Bonds as reimbursement for an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the acquisition, renovation and equipping of the Facility is placed in service or abandoned, but in no event more than 3 years after the date on which the Expenditure is paid. The Authority will take into account exceptions available under the regulation for certain "preliminary expenditures," costs of issuance, certain de minimis accounts, expenditures by "small issuers" (based on the year of the issuance and not the year of expenditure) and expenditures for construction projects of at least 5 years. The Chairman and Secretary for the Authority are hereby authorized to carry out any and all actions and execute any and all documents necessary to effect compliance with the reimbursement regulations under Reg. § 1.150-2. 9. The Authority shall perform such other acts and adopt such further resolutions as may be required to implement its undertakings as hereinabove set forth, and if requested by the Company, it will make application to the Internal Revenue Service for such tax rulings as may be necessary in the opinion of bond counsel. To that end, the Chairman or Vice Chairman of the Authority is hereby authorized to execute an appropriate power of attomey naming counsel selected by the Company for such purposes. 10. The Authority recommends that the City Council of the City of Roanoke, Virginia concur in this Resolution and approve the issuance of the Bonds for the Company. The undersigned, Margaret R. Baker, Secretary of the Industrial Development Authority of the C)ty of Roanoke, Virginia, does hereby certify the attached hereto is a tree, correct and complete copy of a resolution adopted January 7, 2000 by the Industrial Development Authority of the City of Roanoke, Virginia; and further that such resolution has not been amended or rescinded and is, as of this date, in full force and effect. Dated: January 7, 2000 Indu~i~al De~opment Authority of the ~fRoafi~e, Virginia 6 REPORT OF PUBLIC HEARING '00 31 , 2:0t A public hearing was conducted by the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority") at 10:30 a.m. on January 7, 2000 on the application of Nordt Properties, LLC (the "Company") requesting the Authority to issue up to $4,500,000 of its revenue bonds (the "Bonds") to assist the Company in financing the acquisition, renovation and equipping of a manufacturing facility (the "Project") described in the Notice of Public Hearing, a copy of which is attached hereto as Exhibit A. Notice of such hearing was published on December 24, 1999 and December 31, 1999 in The Roanoke Times. The Project location is contained in the attached Notice of Public Heating. The public heating was held in the Board Meeting Room at the Roanoke Regional Chamber of Commerce. At the meeting those persons interested in the issuance of the Bonds or the location and nature of the Project were given the opportunity to present their views. The public comments, if any, received at the meeting are summarized in Exhibit B attached hereto. After such heating, the Authority voted to recommend the approval of the Bonds to the City Council of the City of Roanoke, Virginia (the"City Council"). Accordingly, the Authority hereby recommends to the Board of Supervisors that it approve the issuance of the Bonds, as required by Section 147(0 of the Intemal Revenue Code of 1986. Also attached as Exhibit C is a riscal impact statement as to the Project. Dated: January 7, 2000. INDUSTRIAL DEVELOPMENT AUTHORITY OF OKE, VIRGINIA EXHIBIT A AD Number: THE ROANOKE TIMES 13~05q~ Publisher's Fee $ 2 ~'/- ~g 0 ADDRESS: ~ lan~ , Fe ldroann, 2)~tr b y ~.o. ~ox zee7 AFFIDAVIT OF PUBLICATION I, (the undersigned), an authorized representative of the Roanoke Times, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: RUNDATES: Dec. z/g, Iqq q Dec. ,3~ I~tqq Witness, thisb7~- day amgu~.':~t,: to · ~horized Signature) EXHIBIT B to Report of Public Heating (City of Roanoke) The following public comments were received: None EXHIBIT C INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA January 7, 2000 Maximum amount of financing sought Estimated taxable value of the facility's real property to be constructed in the municipality Esfimmed real property tax per year using present tax rates Estimated personal property tax per year using present tax rates Estimated merchants' capital tax per year using present tax rates a Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality b. Estimated dollar value per year of goods that will be purchased fi-om non-Virginia companies within the locality c. Estimated dollar value per year of services that will be purchased fi-om Virginia companies within the locality $4,500,000 $3,152,000 $38,454 $30,000 $0 $600,OOO $23,700,000 $750,000 d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality $150,000 Estimated number of regular employees on year round basis (excluding salaried employees) 104 Average annual salary per employee (excluding salaried employees) $21,750 G:\WI~DAY~Z3091 ~ ~mm~L~o~ 2 FELl)MANN, mo ~,- s~:~, s. ~o~o~, ~s~ ~oo, 'ffi JAN 13 ~2:54 r ~o ~ ~- ~o oo .~x ~o~ ~-~o~o HARWELL M. DARBY, JR. Direct Dial (540) 224-8006 E-mail hdarby~gfdg.com January 12, 2000 Ms. Sandy Eakin, Clerk Roanoke City Council 215 Church Avenue, SW Roanoke, Virginia 24011 Re: Proposed $4,500,000 Industrial Development Revenue Bond Financing for John C. Nordt Co. Inc. Dear Sandy: The City of Roanoke Industrial Development Authority has undertaken to help the John C. Nordt Co. Inc. finance the acquisition, renovation and equipping of its manufacturing building, and is asking City Council's approval and assistance in obtaining a Private Activity Bond Allocation. Please put this matter on the February 7, 2000 meeting agenda. I expect a representative of the John C. Nordt Co. Inc. to be there. Enclosed are a Report of Public Heating with three exhibits and a form of City Council Resolution. (As additional enclosures to the copied parties, I am sending a draft Form IDB). Cordially yours, Harwell M. Darby, Jr. HMDJR: awm:0042105 CC: Ms. Darlene Burcham, City Manager (w/IDB encl.) William E. Hackworth, Esq., City Attorney (w/IDB encl.) F.B. Webster Day, Esq. (w/IDB encl.) REPORT OF PUBLIC HEARING 'DO JAN 13 A public heating was conducted by the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority") at 10:30 a.m. on January 7, 2000 on the application of Nordt Properties, LLC (the "Company") requesting the Authority to issue up to $4,500,000 of its revenue bonds (the "Bonds") to assist the Company in financing the acquisition, renovation and equipping of a manufacturing facility (the "Project") described in the Notice of Public Hearing, a copy of which is attached hereto as Exhibit A. Notice of such hearing was published on December 24, 1999 and December 31, 1999 in The Roanoke Times. The Project loe~ation is contained in the attached Notice of Public Hearing. The public hearing was held in the Board Meeting Room at the Roanoke Regional Chamber of Commerce. At the meeting those persons interested in the issuance of the Bonds or the location and nature of the Project were given the opportunity to present their views. The public comments, if any, received at the meeting are summarized in Exhibit B attached hereto. ARer such hearing, the Authority voted to recommend the approval of the Bonds to the City Council of the City of Roanoke, Virginia (the "City Council"). Accordingly, the Authority hereby recommends to the Board of Supervisors that it approve the issuance of the Bonds, as required by Section 147(f) of the Internal Revenue Code of 1986. Also attached as Exhibit C is a fiscal impact statement as to the Project. Dated: January 7, 2000. INDUSTRIAL DEVELOP~ AUTHORITY OF Chairman AD Number: THE ROANOKE TIMES 13o~05q~o Publisher's Fee $ 2 ff/- ;Z 0 ADDRESS: g? 4 ,,-, ,o ke , V ~ AFFIDAVIT OF PUBLICATION I, (the undersigned), an authorized representative of the Roanoke Times, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: RUNDATES: Dec-. Zt.l, Iqqq Oec. ,51, Ictqq Witness, thisb-rz day ofk,~,zz~%_l¢¢¢- · -(Q~thorized Signature) Comrnonwe~lth/Stato of U' ~ 7'~0.~ ,o an~ s~ed ~m mo ,h~ toqT., ~f-)~g~cC~tx~. ~D~ W;~ot.s [ny braid a~ official seal. lv,y uormission F. xplms May 31, 2001 EXHIBIT B to Report of Public Heating (City of Roanoke) The following public comments were received: None 2 INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA January 7, 2000 o Maximum amount of financing sought Estimated taxable value of the facility's real property to be constructed in the municipality Estimated real property tax per year using present tax rates Estimated personal property tax per year using present tax rates Estimated merchants' capital tax per year using present tax rates a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality b. Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality c. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality $4,500,000 $3,152,000 $38,454 $30,000 $0 $600,000 $23,700,000 $750,000 d. Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality $150,000 Estimated number of regular employees on year round basis (excluding salaried employees) 104 Average annual salary per employee (excluding salaried employees) $21,750 INDUSTRIAL D.~hVELOPMENT AUTHORITY OF THE CITY .OF/ROANOKE, VIRGINIA By~~~ G:\WPkDAY~23091 Impact Stateraentdec 2 IN THE CITY OF COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of February, 2000 No. A RESOLUTION APPROVING THE PLAN OF FINANCING OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA, FOR THE BENEFIT OF NORDT PROPERTIES, LLC, A VIRGINIA LIMITED LIABILITY COMPANY AND JOHN C. NORDT CO. INC., A VIRGINIA CORPORATION (COLLECTIVELY THE "COMPANY"), TO THE EXTENT REQUIRED BY SECTION 147 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), has considered the application of the Company, the principal off.tees of the Company being 1420 Coulter Drive, Roanoke, Virginia 24012, requesting the Authority to issue its Industrial Development Revenue Bonds (John C. Nordt Co. Inc. Project), Series 2000, not to exceed $4,500,000 (the "Bonds") to assist the Company in financing the acquisition, renovation and equipping of a manufacturing facility located in the City of Roanoke, Virginia (the "Facility"); and WHEREAS, the Authority, having adopted an Inducement Resolution on January 7, 2000 (the "Inducement Resolution"), and having held a public hearing as required by Virginia and Federal Codes, on January 7, 2000, and recommended the approval of the issuance of the Bonds for the Company. WHEREAS, the City Council of the City of Roanoke, Virginia (the "City Council"), concurs with the Inducement Resolution adopted by the Authority; and WHEREAS, Section 147(f) of the Intemal Revenue Code of 1986, as amended (the "Code"), provides that the govemmental unit having jurisdiction over the issuer of revenue bonds and over the area in which any facility financed with the proceeds of revenue bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the "County"), the Facility is to be located in the City, and the City Council is constituted of the highest elected governmental officials of the City; and WHEREAS, the Authority recommends that the City Council approve the issuance of the Bonds; and WHEREAS, a certificate of the public heating and a detailed summary of the comments expressed at the public heating have been filed with the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The City Council approves the issuance of the Bonds in an aggregate principal amount not to exceed $4,500,000 by the Authority for the benefit of the Company, as required by Section 147(f) of the Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 147(f) of the Code, does not constitute an endorsement to a prospective purchaser of the Bonds of the credit worthiness of the Facility or the Company, and, as required by Section 15.1-1380 of 2 the Code of Virginia of 1950, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth, the City nor the Authority shall be pledged thereto. 3. The City Council hereby agrees to apply to the Virginia Small Business Financing Authority to request an allocation of up to $4,500,000 of the State Ceiling for the Bonds, subject to availability, pursuant to the Virginia Industrial Development Revenue Bond Act, and directs the City Manager to prepare and file an application therefor as promptly as practicable. 4. This Resolution shall take effect immediately upon its adoption. The undersigned Clerk of the City Council of the City of Roanoke, Virginia, does certify that the foregoing constitutes a tree, correct and complete copy of a resolution adopted by said City Council at its regular meeting duly called and held on February 7, 2000, at which a quorum was present and acting throughout, and that the individual vote of each member of the City Council is recorded in the record of the proceedings. WrlNESS the following signature and seal, this 7th day of February, 2000. (SEAL) Clerk of the City Council of the City of Roanoke, Virginia ATTORNEYS AND COUNSELORS 3_2 F. ~,. WEBSTER DAY EMAI L: WDAY@WMTDA. COM December 14, 2000 CERTIFIED MAIL - 7000 0520 0025 3460 6664 RETURN RECEIPT REQUESTED Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011-1536 Re: $3,500,000 Industrial Development Authority of the City of Roanoke, Virginia Industrial Development Revenue Bonds (Nordt Properties, LLC Project), Series 2000 Dear Ms. Parker: On behalf of the Authority I'm enclosing a certified copy of Form 8038 in connection with this bond issue. This copy is furnished to the City Council of the City of Roanoke in accordance with Va. Code § 15.2-4904. Sincerely, F. B. Webster Day,ar Enclosure G:\WP\DAYRO23096MP.doc/snc 1100 BB&T BANK BUILDING PO BOX 90 ROANOKE VIRGINIA 24002 PHONE 540-982-3800 FAX 540-342-4480 8038 Form (Rev. January 1999) Department of the Treasur'j Internal Revenue Service Information Return for Tax-Exempt Private Activity Bond Issues OMB No. 1545-0720 (Under Internal Revenue Code section 149(e)) · See separate instructions. Reporting Authority If Amended Return, check here · [] Issuer's name Industrial Development Authority of the City of Roanoke, Virginia Number and street (or P.O, box if mail is not delivered to street address) 111 Franklin Road City, town, or post office, state, and ZIP code Roanoke, Virginia 24011 Name of issue Industrial Development Revnue Bonds (Nordt Properties, LLC Project) Name and title of officer or legal representative whom the IRS may call for more information F. B. Webster Day, bond counsel JRoom/suite 2OO 2 Issuer's employer identification number 54 i 1106038 4 Report number [:'A 2000 - 1 6 Date of issue December 14, 2000 8 CUSIP number 769831 CN 6 10 Telephone number of officer or legal representative ( 540 )982-3800 Type of Issue (check applicable box(es) and enter the issue price for each) Issue Price 11 al--] bl--I cFI dl'-I e• ftC] g[] jFI kr-I ~[] 14 [] 15 [] 16 [] 17 [] 18 [] 19 [] 20 [] Exempt facility bond: Airport (sections 142(a)(1) and 142(c)) ................... Docks and wharves (sections 142(a)(2) and 142(c)) ............... Water furnishing facilities (sections 142(a)(4) and 142(e)) ............. Sewage facilities (section 142(a)(5)) .................... Solid waste disposal facilities (section 142(a)(6)) ................ Qualified residential rental projects (sections 142(a)(7) and 142(d)), as follows: ...... Meeting 20-50 test (section 142(d)(1)(A)) ........... [] Meeting 40-60 test (section 142(d)(1)(B)) ........... [] Meeting 25-60 test (NYC only) (section 142(d)(6)) ........ [] Has an election been made for deep rent skewing (section 142(d)(4)(B))? [] Yes [] No Facilities for the local furnishing of electric energy or gas (sections 142(a)(8) and 142(0) Facilities allowed under a transitional rule of the Tax Reform Act of 1986 (see instructions) Facility type ............................................................................................... 1986 Act section ......................................................................................... Qualified enterprise zone facility bonds (section 1394) (see instructions) ........ Qualified "new" empowerment zone facility bonds (section 1394(0) (see instructions) District of Columbia Enterprise Zone facility bonds (section 1400A) (see instructions) Other. Describe (see instructions) · ................................................................... Qualified mortgage bond (section 143(a)) ........ .......... Qualified veterans' mortgage bond (section 143(b)) .............. · If you elect to rebate arbitrage profits to the United States, check box ....... [] Qualified small issue bond (section 144(a)) (see instructions) ........... · For $10 million small issue exemption, check box .............. [] Qualified student loan bond (section 144(b)) ................. Qualified redevelopment bond (section 144(c)) ................ Qualified hospital bond (section 145(c)) (attach schedule--see instructions) ...... Qualified 501(c)(3) nonhospital bond (section 145(b)) (attach schedule--see instructions) . Check box if 95% or more of net proceeds will be used only for capital expenditures · [] Nongovernmental output property bond (treated as private activity bond) (section 141(d)). Other. Describe (see instructions) · $ 3,500,000 Description of Bonds (Complete for the entire issue for which this form is being filed.) (a) Final maturity date (b) Issue price (c) Stated redemption (d) Weighted (e) Yield price at maturity average maturity Z1 December 1, 2020 $ 3~500~000 $ 3,500,000 19.97808 ~/ears VR ~ For Paperwork Reduction Act Notice, see page 4 of the Instructions. Cat. No. 49973K Form 8038 (Rev. 1-99) Form 8038(Rev, l-99) Page 2 ~ Uses of Proceeds of Issue (including underwriters' discount) Amount 22 Proceeds used for accrued interest ..................... 22 0 23 Issue price of entire issue (enter amount from line 21, column (b)) ........... 23 $ 3~500~000 24 Proceeds used for bond issuance costs (including underwriters' discount) 24 35,000,000 25 Proceeds used for credit enhancement ............ 25 0 26 Proceeds allocated to reasonably required reserve or replacement fund . 26 0 27 Proceeds used to currently refund prior issue (complete Part VI) 27 1,240,000 28 Proceeds used to advance refund prior issue (complete Part VI) 28 0 29 Total (add lines 24 through 28) ....................... 29 $ 1,275,000 :i0 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here). 30 $ 2,225,000 Description of Property Financed by, Nonrefunding Proceeds Caution: The total of lines 31a through e below must equal line 30 above. Do not complete for qualified student loan bonds, qualified mortgage bonds, or qualified veterans' mortgage bonds. 31 Type of Property Financed by Nonrefunding Proceeds: 31a a Land ............................... b Buildings and structures ......................... 31b c Equipment with recovery period of more than 5 years ............... 31c d Equipment with recovery period of 5 years or less ................ 31d e Other (describe) ............................ 31e Amount 0 $ 1,540,000 $ 685,000 32 North American Industry Classification System (NAICS) of the projects financed by nonrefundincj proceeds. NAICS Code JJ Amount of nonrefundinq proceeds c~ NAICS Code Amount of nonrefunding proceeds a 339912 $ 2,225,000 $ b $ $ ~ Description of Refunded Bonds (Complete this part only for refunding bonds,) 33 Enter the remaining weighted average maturity of the bonds to be currently refunded ...... · 0 )'ears 34 Enter the remaining weighted average maturity of the bonds to be advance refunded ...... · ),ears 35 Enter the last date on which the refunded bonds will be called ............. · 12-14-00 36 Enter the date(s) the refunded bonds were issued · January 13, 2000 ~ Miscellaneous 37 Name of governmental unit(s) approving issue (see instructions) ·..C..o..u.n..c.i.I..o.f.t..h.e..C..i.ty..o.f..R..o.a..n.o..k.e.z.V.!.rg.i.n.[~ .................. . .P.u..b.l.i.c..H..e.a..r! .n~ ..on .!-..7.-p.0.; ..~. p.r..o.v.a. ! .o..n..2.:7. :.0.0. ......................................................................................... 38 Check box if you have designated any issue under section 265(b)(3)(B)(i)(lll) ......... · [] 39 Check box if you have elected to pay a penalty in lieu of arbitrage rebate .......... · [] 40 Check box if),ou have identified a hedqe (see instructions) ............... · [] ~ Volume Caps Amount 41 Amount of state volume cap allocated to the issuer. Attach copy of state certification . . . 41 $ 3,500,000 42 Amount of issue subject to the unified state volume cap .............. 42 $ 3,500,000 43 Amount of issue not subject to the unified state volume cap or other volume limitations: 43 0 a Of bonds for governmentally owned solid waste facilities, airports, docks, wharves, environmental enhancements of hydroelectric generating facilities, or high-speed intercity rail facilities . . . 43a b Under a carryforward election. Attach a copy of Form 8328 to this return ........ 43b c Under transitional rules of the Tax Reform Act of 1986 (enter Act section no.) · .................... 143c d Under the exception for current refunding (section 146(i) and section 1313(a) of the Tax Reform Act of 1986) ............................. 43d 44a Amount of issue of qualified veterans' mortgage bonds 44a 0 b Enter the state limit on qualified veterans' mortgage bonds ............. 1 44b 0 45a Amount of section 1394(0 volume cap allocated to issuer. Attach copy of local government certification . . · /'~ ........... 1 45a 0 b Name of empowerq~nt z,Z)ne ·~ _.--_ ' J Underlpenalti~'of~,l~ury, ~l~re~ ha~,~xamined this return, and accompanying schedules and statements, and to the best of my knowledge and belte.f~e true, j;f~recy,~afid comp~J~', Please -.----,~. /I// ~ ~ ~:J '~ S~re~officer ~ ~'~ ~' Date Here ~f'~n D. Avis Chairman Name of above officer (type or print) Title of officer (type or print) VIRGINIA SMALL BUSINESS FINANCING AUTHORITY P.O. Box 446 · Richmond, VA 9_3218-0446 · 804-371-8254 November 16, 2000 Mr. Lyrm D. Avis Chairman Industrial Development Authority of the City of Roanoke 212 S. Jefferson Street Roanoke, Virginia 24011 Re: Nordt Properties, T.LC Dear Mr. Avis: The Virginia Small Business Financing Authority has reviewed your application for an allocation of private activity bond authority for the above project and has found it to be complete. I am pleased to inform you that there is 2000 bond authority available for manufacturing facility projects, and the project has been awarded a portion of this authority, as evidenced by the attached allocation certificate. This allocation is valid until December 15, 2000. In order to document the amount of bonds issued, a completed copy of U.S. Internal Revenue Service Form 8038 must be received by VSBFA by 5:00 p.m. on December 15, 2000 if bonds are issued for this project. Bond authority that has not been documented as having been issued by this deadline will revert to VSBFA for reallocation to other projects. CMS/vga Enclosure cc: r'F.B. Webster Day, Esquire Wetheringtort, Melchionna, · Terry, Day & Ammar Since~4ely, //Cathleen M. Surf~c/e Executive Director The Financial Services Division of the Virginia Department of Business Assistance CERTIFICATE OF ALLOCATION OF PRIVATE ACTIVITY BOND AUTHORITY On behalf of the Virginia Small Business Financing Authority (VSBFA), the u~. dersigned hereby certifies, as follows: Pursuant to the Virginia Private Activity Bond Allocation Guidelines, VSBFA has made the following allocation of private activity bond authority in the Commonwealth: Allocation Date: Issuing Entity: Locality: Amount: Project: Bond Type: Expiration Date: November 16, 2000 Industrial Development Authority of the City of Roanoke, Virginia City of Roanoke $ 3.500.000 Nordt Properties, LLC Manufacturing December 15, 2000 Without independent investigation and based, in part, on filings made with VSBFA, the foregoing issue of bonds for this project issued on or prior to the expiration date, and with respect to which a copy of IRS Form 8038 shall have been received by VSBFA prior to 5:00 p.m. on the expiration date, when added to all private activity bonds issued after December 31, 1999 and on or prior tOsuch expiration date will not exceed the 2000 State Ceiling on private activity bonds for the Commonwealth of Virginia, as established by the provisions of the Internal RevenUe Code of 1986; and therefore, the issue of Bonds meets the requirements of Section 146 of the Internal Revenue Code of 1986, as amended, (relating to volume cap on private activity bonds). Witness my signature this 16th of November, 2000 Cathleen/M. Surface, Execu~ve Director Virginia Small Business Financing Authority '00 FE~ -1 ,P4 February 7, 2000 The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable David A. Bowers, Mayor C. Nelson Harris, Vice-Mayor W. Alvin Hudson Carroll E. Swain James O. Trout William White, Sr. Linda F. Wyatt Dear Mayor Bowers and Members of City Council SUBJECT: Curb, Gutter and Sidewalk Request and Rating System This correspondence is intended to address Councilman Carroll Swain's questions concerning the City's curb, gutter and sidewalk request and rating system and Cove Road placement within the system. At the present time the City has more than 250 requests for curb, gutter and sidewalk at an estimated construction cost of $19 million. These requests range from individual fill-ins to major roadway projects. Citizens who request new curb and sidewalk are sent a copy of the attached "Application for Curbing and Sidewalk Improvement." When the application is completed and returned to the Engineering Department, it is reviewed and rated independently by: Glenn A. Asher, Risk Management Officer; Robert K. Bengtson, Traffic Engineer/Acting Director of Public Works; Jan G. Bruce, Project Manager; James W. Settle, Neighborhood Planner. Each of these individuals has an area of expertise which they use in the review of the applications. Using an objective rating system, a total score is derived for each application. The citizen is notified by letter of the overall rating and rank. Various criteria affect the score that a request receives. Some criteria will add points to the ranking system. Other criteria may cause points to be deducted. Points are added if the curb solves a drainage problem. If the curb creates a drainage problem, points will be deducted. If the location does not have adequate right-of-way and curb and sidewalk funds would be needed to acquire right-of-way, points are likewise deducted. Cove Road improvements would be an enhancement to the neighborhood. However, this is not a simple curb/sidewalk project. These improvements on Cove Road between Lafayette Boulevard and Hershberger Road, N. W., would require right-of-way Mayor Bowers and Members of City Council February 7, 2000 Page 2 acquisition and major storm drainage improvements. This is not typical of projects funded in our curb/sidewalk program. Thus, the rating for Cove Road is not very high. The preliminary estimate to construct this project is $1.5 million. As a means of clarification, we include an explanation of the evaluation performed for Cove Road. See attached "Rating vs. Criteria." Since 1996, the City has spent approximately $2.1 million for the construction of more than 100,000 feet of new curb and sidewalk. There is approximately $1.2 million remaining to be spent from the most recent bond referendum and $100,000 is budgeted annually for this program. The next contract is expected to be bid in April 2000. If you have further questions or need additional information, please call me at 853-2333 or Bob Bengtson, Acting Director of Public Works, at 853-2741. Respectfully submitted, C'~arle~e L. I~u~cha~ City Manager DLB:RKB:pr Attachments City Clerk City Attorney Director of Finance Acting Director of Public Works Director of Utilities & Operations Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue 00-101 Cove Road Improvements Lafayette Boulevard to Hershberger Road, N. W. The project requested by Councilman Swain consists of improvements to Cove Road in the form of curb and sidewalk on both sides of the road. This would also necessitate a storm drain system to handle storm water runoff collected along the new curb line, as well as acquisition of right-of-way to permit the improvements. Likewise, there would need to be adjustments to commercial and residential property to accommodate driveways, parking, and traffic circulation for the various businesses along this busy street, as well as necessary adjustments to sewer, water, gas, electric, telephone, cable television, and other utility and communications lines. Preliminary estimates exceed $1.5 million. Funding alternatives for a project of this magnitude include: Add this project to the City's Urban Construction Program that is administered by VDOT, and by which the state pays 98 percent of the project cost while the city pays a 2 percent share. VDOT funds for currently scheduled projects are already fully allocated through fiscal year 2002-2003. e Add to the City's Capital Improvement Program. This alternative is appropriate as this is the main program through which the City determines its progress toward safer streets and improved utilities. Funding would most likely come through the sale of municipal bonds. e Include in the City's curb and sidewalk program. This alternative is appropriate as the curb and sidewalk program is underway and very successful. Funding will have to come from the remaining '97 Bond funds and the $100,000 annually allocated from the General Fund. Current curb and sidewalk program requests total approximately $19 million. Available funds in the '97 Bond issue amount to $1.2 million. Application for Curbing and Sidewalk Improvements Street Address and ZIp Code: Phone: Ty~e of Request: (check one or both) Curb Sidewalk Locadoll of Request: Please be as specific as possible; use street addreuas where possible. (For example: 301 to 456 Main Street, SW, or Juniper Avenue between Aspen Street and Spruce Street) Justification: Please explain why you are requesting curb and/or sidewalk. Safe~y: Will new curb and/or sidewalk address a safety hazard? How? Drainage: Is your requ~t to .olve a drainage problem? If yas, describe the problem and any damages that are recurring a~ a result of drainage problems. Cldzen/Nei~bborhood Support: Is anyone else on your street interested in curb and/or sidewalk? Please attach a list of the names end addresses of those who would be affected. How many are in support of the project? Does anyone object? Additional Comments: Return to: Mr. ]an Bruce Office of che Cky Enfineer 215 Church Avenue, SW, Room 350 Roanoke, VA 24011 Office Use Only: JDace: Rwlew Coml~Nd: e®oeo®oe®ooeo®ooo®e®eee®oeo®®®o®o®®oo®®o®®e®®oe®oooo®oee®®ee® The following criteria will be used to consider your request. In completing your application, you should try to &4ye us infonnadon that will help us review the situation in your area. Safecy Will the improvement correct a sarioua public safety hazard? 18 curb and/or sidewalk the only way to correct the problem? (40 pta.) Level of Residenc/Nei~hborhood Support Is every household affected in support of the project? Have they been contacted? organization, if there ia one, support the project? (20 pts.) Does the neighborhood Inflll/Extension Is the project an exteneion of existing curb or sidewalk? (15 pts.) Drainage Will the improvement correct · drainage problem? Will it oeusa a drainage problem? (15 pts.! School For sidewalk only, ia the Iooation within ½ mile of a school? [10 pts.) Relationship to an Exi~ing Plan Is the improvement recommended by a City Council adopted plan such a8 Roanoke Vision or a neighborhood plan? {10 pts.) Special Project Area Is the project located in · 'special project area' such a8 · Consarvation Area, Rehabilitation District, Neighborhood Design District, or Enterprise Zone? (10 pta.) ADA Requirements Will the project enhance acceseibility in accordance with the American8 with Disabilities Act? (10 pts.) Cost Is the cost of the project high compared to the benefits gained? How many housaholds are affected? "RATING VS CRITERIA" This form ~ be ~ed ~ City personnel to rate requests based on established criteria, Points are assigned try appropriate departments based on these criteria; The form ~ be routed throu~ several dePartments including Engineer, Planning and Community Development, and Traffic En~eertng~ CURB/SIDEWALK REQUEST EVALUATION SAFETY (Traffic Engineer} Current situation is unsafe. conditions (31 to 40). Potential for safety problems exists. Condition may be proposed improvements (21 to 30). Relatively safe conditions exist (11 to 20). No safety concern or safety would not be impacted improvement (0 to 10). Proposed improvement would create a safety problem (-1 to -20). Improvements would greatly enhance safety corrected by by proposed LEVEL OF RESIDENT/NEIGHBORHOOD SUPPORT [Neighborhood Partnership) Full support of residents affected by project and support of neighborhood organization, ff available (15 to 20). Widespread support among those affected. Very little opposition (6 to 14). Some support and some opposition (1 to 5). Resident support is unknown. Applicant has not contacted residents (0). INFILL/EXTENSION [Engineering) Project would fdl in a piecemeal curb and/or sidewalk situation (7 to 15). Project would be a logical extension of existing curb and/or sidewalk system (1 to 6). Project is not an extension of existing system. No existing improvements in area (0). DRAINAGE (Engineering) Project will solve a drainage problem (10 to 15). Project will partially solve a drainage problem (1 to 9). Project will have little or no effect on drainage (0). Project will negatively affect drainage patterns; will cause new drainage problems (- 1 to - 15). COST {Engineering) Less than average cost (0 to 10) Average cost (0) Greater than average cost (0 to - 10) RIGHT-OF-WAY (Engineering) Adequate right-of-way (0) Parcels needed (0 to -10) SCHOOL - Sidewalk Requests Only (Engineering) Project is located within one-half mile from a school (3 to 10). Project is located one-half to one mile from a school (1 to 3). Project is located more than one mile from a school (0). SPECIAL PROJECT AREA [Planning and Communi _ty Development) Located in Special Project Area, such as a historic district, conservation/rehab district or in an enterprise zone (10). Not located in a specially-designated project area (0). AMERICANS WITH DISABILITIES ACT (ADA Coordinator) Proposed improvements will provide accessible path (10). Proposed improvements will not impact accessibility (0). Total benefit points Estimated Cost $ SAFETY (Traffic Engineer) Based on traffic flow, up to 10 points can be awarded. Traffic flow does not justify the award of any points Based on pedestrian traffic with at least 50% elderly, disabled or children, up to 20 points can be awarded. Pedestrian traffic justifies the award of 10 points based upon the results of a recent pedestrian count conducted on this street. If peak hour traffic volume has greater than 5% trucks, up to 2 points can be awarded. In this instance 0 points are awarded. If street lighting is not present, up to 2 points can be awarded. In this instance 0 points are awarded. If paved width is less than 24 feet, then up to 2 points can be awarded. In this instance 2 points are awarded. If the existing walking area is less than 4 feet, then up to 2 points can be awarded. In this instance 2 points are awarded. Is a sight distance restriction present? If so, up to 2 points can be awarded. In this instance 0 points are awarded. If speed limit posted is 30 mph or less, up to 2 points can be awarded. In this instance 0 points are awarded. If speed limit is 35 mph or more, up to 4 points can be awarded. In this instance 4 points are awarded. If a pedestrian accident has been reported within the past 3 years, up to 6 points can be awarded. In this instance, 0 points are awarded. Total polmts awarded for SAFETY lssues are 18. LEVEL OF RESIDENT/NEIGHBORHOOD SUPPORT (Neighborhood Partnership) Full support of residents affected by project and support of neighborhood organization, if available, can result in the award of up to 20 points. In this instance 5 points are awarded, indicating some support. This determination is based upon a conversation by the evaluator with the current President of the Villa Heights Crime Prevention Organization. INFILL/EXTENSION [Engineering) If project would ~l in a piecemeal curb and/or sidewalk situation, up to 15 points can be awarded. In this instance, the project will be a logical extension of existing, curb and/or sidewalk system and 3 points are awarded. DRAINAGE (Engineering) If the project will solve a drainage problem, up to 15 points can be awarded. In this instance, the project will partially solve a drainage problem; therefore, 2 points are awarded. COST (Engineering) If the estimated cost exceeds the average cost of a typical project, up to 10 points can be deducted. In this instance, 2 points are deducted, as the project cost of $1.5 million is greater than the average cost of a curb and sidewalk project. RIGHT-OF-WAY (Engineering) If additional right-of-way must be acquired to properly add the requested curb and/or sidewalk, up to 10 points can be deducted. In this instance, 5 points are deducted, as the existing right-of-way varies from 40 feet to 60 feet in width. SCHOOL - Sidewalk Requests Only (Engineering) If the project is located within one-half mile of a school, up to 110 points can be awarded. In this instance, 0 points are awarded. SPECIAL PROJECT AREA ( Planning & Communi _ty Development) If the project is located in a Special Project Area, such as a historic district, conservation/rehab district or in an enterprise zone, up to 10 points can be awarded. In this instance, 0 points are awarded. AMERICANS WITH DISABILITIES ACT (ADA Coordinator) If the project will provide an accessible path for the handicapped, up to 10 points can be awarded. In this instance, 10 points are awarded. Total benelit points awarded are 3__~1. Currently, the highest ranked project has 60 benefit points. This project is ranked 67th with $1,957,500 in higher ranked requests ahead of it. .~ECE!¥ F_['~ CITY C~_[!?~."~ iFF" '00 FE~-3 P1:03 February 7, 2000 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Briefing Drug Enforcement Please reserve space on your 2:00 p.m., agenda for a 15 minute briefing regarding the above subject. Respectfully submitted, Darlene L. Burcham City Manager DLB:GCS:pr CC: City Clerk City Attorney Director of Finance Director of PublicSafety Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 10, 2000 File #5-66-76-137 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia William M. Hackworth City Attorney Roanoke, Virginia Dear Ms. Burcham and Mr. Hackworth: I am attaching copy of Ordinance No. 34662-020700 amending Chapter 21, Offenses- Miscellaneous, of the Code of the City of Roanoke (1979), as amended, by the addition of new Article VIII, entitled Removal or Repair of Buildings or Other Structures Harborinq Illegal Drug Activity. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: The Honorable Diane McQ. Strickland, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia C:'~yFil~\fcb7.wpd Darlene L. Burcham William M. Hackworth February 10, 2000 Page 2 pc: The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable .Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Evelyn Jefferson, Vice-President- Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate The Honorable Donald S. Caldwell, Commonwealth's Attorney James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety A. L. Gaskins, Chief of Police C :'~VlyFile~\feb7. wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2000. No. 34662-020700. AN ORDINANCE amending Chapter 21, Offenses-Miscellaneous, of the Code of the City of Roanoke (1979), as amended, by the addition of new Article VIII, entitled Removal or Repair o f Buildings or Other Structures Harboring Illegal Drug Activity; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 21, Offenses-Miscellaneous, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, by the addition of new Article VIII, entitled Removal or Repair of Buildings or Other Structures Harboring Illegal Drug Activity, to read and provide as follows: OFFENSES--MISCELLANEOUS Article VIII. Removal or Repair of Buildings or Other Structures Harboring Illegal Dru~ Activity. Sec. 21-209. Definitions. As used in this article: Affidavit means the affidavit prepared by the city manager in accordance with section 21-210 hereofi Controlled substance means the same as that term is defined in section 54.1- 3401of the Code of Virginia (1950), as amended. Corrective action means the taking of steps which are reasonably expected to be effective to abate drag blight on real property, such as removal, repair or securing of any building, wall or other structure. Drug blight means a condition existing on real property which tends to endanger the public health or safety of residents of the city and is caused by the regular presence on the property of persons under the influence of controlled substances or the regular use of the property for the purpose of illegally possessing, manufacturing or distributing controlled substances. Owner means the record owner of real property. Sec. 21-210. Affidavit and notice requirements. In addition to enforcement procedures established elsewhere, the city manager is authorized to undertake corrective action with respect to drug blight on real property in accordance with the procedures described herein. (a) The city manager shall execute an affidavit, citing section 15.2-907 of the Code of Virginia (1950), as amended, and this article, and affirming that drug blight exists on certain property in the manner described therein; that the city has used due diligence without effect to abate the drag blight; and that the drug blight constitutes a present threat to the public's health, safety and welfare. (b) The city manager shall submit the affidavit to the city attorney, requesting that the last known owner of the property be notified by regular mail sent to the last known address as it appears in the assessment records of the city. The notice and a copy of the affidavit shall advise the owner that the owner has up to thirty (30) days from the date thereof to undertake corrective action to abate the drug blight described in the affidavit and, that if requested to do so, the city will assist the owner in determining and coordinating the appropriate corrective action to abate the drug blight described in the affidavit. Sec. 21-211. Failure to take corrective action. If no corrective action is undertaken by the owner of the property within thirty (30) days from the date thereof as provided for in section 21-210, the city attorney shall send by regular mail an additional notice to the owner of the property at the address stated in the assessment records of the city. This final notice shall state that within fifteen (15) days from the mailing of the notice, the city will commence to abate the chug blight taking any corrective action the city deems appropriate, including, but not limited to, the removal of the building or other structure so as to abate the drag blight, on the property. Upon receipt of this final notice, the owner shall have the fight, upon reasonable notice to the city, to seek equitable relief, and the city shall initiate no corrective action while a proper petition is pending before a court of competent jurisdiction. 2 Sec. 21-212. Assessment of costs. If the city undertakes the corrective action with respect to the property after complying with the notice provisions found herein, the costs and expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the city in the same manner as taxes and levies are collected. Every charge authorized by this section with which the owner of any such property has been assessed and which remains unpaid shall constitute a lien against such property with the same priority as liens for unpaid local real estate taxes and enforceable in the same manner as provided in articles 3 (section 58.1-3940 et seq.) and 4 (section 58.1 - 3965 et seq.) of chapter 39, title 58.1 of the Code of Virginia (1950), as amended. Sec. 21-213. Corrective action by owner. If the owner of such property takes timely corrective action pursuant to this article, the city shall deem the drug blight abated and shall close the proceeding without any charge or costs to the owner and shall promptly provide written notice to the owner that the proceeding has been terminated satisfactorily. The closing of a proceeding shall not bar the city from initiating a subsequent proceeding if the drug blight recurs. Sec. 21-214. Abridgement of rights. Nothing in this section shall be construed to abridge or waive any rights or remedies of an owner of property at law or in equity. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H:\ORD.C^\OCA.RemoveHo~o. Dm8~.2.2.00 3 Roanoke City Council Regular Agenda Report,00 FEB -3 P4 February 7, 2000 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Drug Enforcement Background: During the January 18, 2000, meeting of City Council, citizens from Lafayette Boulevard, N. W., Chapman Avenue, S. W., and Norwich Avenue S. W., neighborhoods voiced strongly their concerns about illegal drug-related matters in their neighborhoods. Citizens referred to the Narcotic Nuisance Ordinance used in Virginia Beach to force property owners to have zero tolerance with their tenants who may be dealing illegal substances. City Council directed the City Manager and City Attorney to review the matter and report back to Council at their February 7, 2000 meeting. Since the January 18, 2000 Council meeting, the following action steps have been taken: On January 21, the City Manager, Assistant City Manager, City Attorney, Commonwealth's Attorney, Police Chief, COPE Lieutenant Rick Arrington, and Director of Public Safety met to discuss the citizen concerns and immediate steps the City would take to deal with the concerns and possible adoption of a local ordinance to strengthen enforcement effectiveness. On January 21, Director of Public Safety discussed with Norfolk Assistant City Attorney Cynthia B. Hall Norfolk's efforts to deal with "Drug Blight" in neighborhoods. Norfolk, pursuant to Code of Virginia Sec. 15.2-907, adopted a local ordinance defining a process to address "drug blight." Sec. 18.2-258, Code of Virginia (see attachment), permits localities to charge with a misdemeanor, or felony for a second offense, any owner, lessor, operator or tenant who knowingly permits their premises to be frequented or occupied by those under the influence of controlled substances, or used for the illegal possession, manufacture or distribution of drugs. Increased enforcement of this code section has been initiated by our Police Department to put tenants and owners on notice of drug activities on their premises, and to charge them with violating Sec. 18.2-258 if violations are found. City Attorney has reviewed state enabling legislation, and determined that the City has not enacted a local ordinance implementing Sec. 15.2-1507, Code of Virginia, which authorizes localities to adopt ordinances requiring the removal, repair, or securing of buildings or other structures harboring illegal drug activity. The City Attorney has prepared such an ordinance, and it is attached for Council's consideration. Roanoke Commonwealth's Attorney has employed John McNeil as an Assistant Commonwealth's Attorney to replace Mr. Eric Branscom effective February 21, 2000. Mr. McNeil will be the attorney in his office to litigate these matters. On February 1, Norfolk Assistant City Attorney Cynthia B. Hall and three members of Norfolk's enforcement team (a police officer, assistant fire marshal and a health department inspector) came to Roanoke and met with the City Action Team to thoroughly explain the Norfolk approach to addressing matters of general blight and nuisance enforcement. The Norfolk enforcement team also reviewed their drug blight procedures. On February 1, the Norfolk enforcement team also met with the City Manager, Assistant City Manager, City Attorney, Commonwealth's Attorney, Police Chief, COPE Lieutenant Rick Arrington, and Director of Public Safety to explain Norfolk's approach to deal with blight and nuisance in general. Prior to these discussions, during the 1999 Session of the General Assembly, our City along with the statewide "Cities Coalition," comprised of seven of the largest cities in the state, encouraged and obtained adoption by the General Assembly twelve pieces of legislation dealing with a variety of blight and nuisance issues. The City is working through the Coalition again this year to secure enactment of additional legislation to deal with blighting conditions. Considerations: According to the authority under Sec. 15.2-907 of the Code of Virginia, enactment of a local ordinance to address "Drug Blight" would allow the following general procedure to be utilized: Roanoke Police Department will identify properties which meet the State Code definition of "drug blight." "Drug blight" means a condition existing on real property which tends to endanger the public health or safety of residents of a locality and is caused by the regular presence on the property of persons under the influence of controlled substances or the regular use of the property for the purpose of illegally possessing, manufacturing or distributing controlled substances. The City Manager or her designee will execute an affidavit certifying the existence of drug blight on the property and provide notice to the property owner to take corrective action. "Corrective action" means the taking of steps which are reasonably expected to be effective to abate drug blight on real property, such as removal, repair or securing of any building, wall or other structure. If the owner fails to do so, a second notice will be sent, and if corrective action is still not taken, the City may take corrective action at the owner's expense. Such action may include removal, repair or securing of any building, wall or structure. Recommended Action(s): Approve the attached ordinance amending Chapter 21 of the Code of the City of Roanoke (1979) as amended by the addition of a new Article VIII, entitled "Removal or Repair of Buildings or Other Structures Harboring Illegal Drug Activity." In addition to the ordinance consideration above, the City Manager will initiate a broad review of our City ordinances and administrative procedures for dealing with general blight and nuisance issues in our community. Teams of City staff and citizens will be developed to evaluate current methods, and proposed ways to strengthen and improve our efforts to deal with all types of blight and general nuisances. Periodic updates, status reports, and informational discussions will be provided City Council as we progress. Respectfully submitted, City Manager William M. Hackworth City Attorney Attachments: I CC: City Clerk City Attorney Director of Finance Director of Public Safety Police Chief Commonwealth's Attorney #00-407 18.2.~~8.2-258 attempting to commit a )sed may be punished iefined in this artic~- 1 be guilty of a Cl~'~°~r cted of attemptin .~ay be imposed m i 5-4-524.104:1; 19~,bce. mibillty not a defense. had completed every act nec. ~ion of the substantive crime, m the distribution was not a ~t in the substance itself, vn to defendant, the impossi. actual, not legal, and as such, rted as a defense to the at- arham v. Commonwealth, 2 S.E.2d 172 (1986). mendment which substi. ,n for § 18.2-26. -- Where m to amend second count of where the nature of tile ,,ed the attempt statute on 0nweslth was relying from eral attempt statute, to this .ers attempts to violate the the trial court did not err in 2onwealth's motion to amend iinst defendant. The amend- ,,e the 'nature or character of d'; it merely substituted ref- .~ion, the specific provision to commit drug offenses, for aeral provision covering at- ~enerel, non-capital felonies. 0nweslth, Bio. 1840-90-1 (Ct. ., 1992). ~affieient to prove second lence demonstrated that by ~tended to further, promote ~onspirator's venture, where -e in venture because, by ~ndant stood to make pref- e~couragement of cocon- .tions. Zuni,~a v. Common- :3, 375 S.E.2d 381 (1988). csine to coconspirator and ment of le~ than agreed i~i interest in and msln- ~ddpstion in coconspira- a ~ advancing cocaine on ~ that coconspirator could ~ ~[efendant actively be- ~, and where evidence ~. t~t defendant was drug ?~ ~]it arrangement with ,~._dr~ d~ler, in hope of CRIMES AND OFFENSES GENERALLY § 18.2-258.01 pent between and concert of action by parties able doubt. Zuniga v. Commonwealth, 7 Va. sfficient to prove conspiracy beyond reason- App. 523, 375 S.E.2d 381 (1988). § 18.2-258. Certain premises deemed common nuisance; penalty. Any office, store, shop, restaurant, dance hall, theater, poolroom, club- ~ouse, storehouse, warehouse, dwelling house, apartment, building of any kind, vehicle, vessel, boat, or aircraft, which with the knowledge of the owner, lessor; a.g. ent o~f any,such le?s?r; manager, chief, executive officer, operator, or tenant mereo~, is rrequentea oy persons under the influence of illegally obtained controlled substances or marijuana, as defined in § 54.1-3401, or for n e purpose of illegally obtaining possession of, manufacturing or distribu .ting trolled substances or marijuana, or is used for the illegal poss. es.s?.n, ~anufacture or distribution of controlled substances or marijuana, sna~ oe ~emed a common nuisance. Any such owner, lessor, agent of any such lessor, ~anager, chief executive officer, operator, or tenant who knowingly permits, establishes, keeps or maintains such a common nuisance is guilty of a Class 1 misdemeanor and, for a second or subsequent offense, a Class 6 felony. In addition, after due notice and oppo _rmni_ 'ty_ to be heard o_n the p,art of any ow~..er, lessor, or a lienholder not involved in the origina~ onense, oy a proceemng similar to that in Chapter 22.1 (5 19.2-386.1 et seq.) of Title 19.2 and upon proof of guilty knowledge, a court may order that such house, motor vehicle, aircraft, boat, vessel, or other premises, or any room or part thereof, be closed, but the court may, upon the owner or lessor giving bond in the penalty of not less than $500 and with security to be approved by the court, conditioned that the premises shall not be us_ed for unl.a .w~ulp .urposes.: turn the s..am, e .ov? to its owner or lessor; or proceeding may be r~aam eqmry as provmea m 9 18.2- 258.01. ' B. The penalties provided in this sectio.n shall b~. in..addi~on to .andy other pens.1, ty provi.d~ed~ b.y 1.aw.,~cl.u,d~ng immediate ternnnacton o~ a ren~at agree- menc as provmea tn 9 C. In no civil or in rem proceeding under the provisions of this section shall udgment .be .e..nt,,ere, d, ag,ainst th~e.,owner; les~so, r, or lie~ ,n~, older of p, rope ,r~..,un~l~,ess~ t is proves: ~) mac ne ~new. ox m.e un~. a~ use o.x me.prope ,rty ana m) m? he had the right, because or- such umawful use, to enter ana repossess ~4e. property. (Code 1950, § 54-524.104:2; 1972, c. 736; 1973, c. 400; 1975, cc. , 15; 1979, c. 435; 1990, c. 948; 1992, cc. 248, 538.) § 18~-258.01. E~joining nuisances involving .'ffi. egal drug trans.a.c- tions. -- The attorney for the CommonwealS, or .any atizen of the. county, a.ty, or town, where such a nuisance as is described m § 18.2-258 exists, may, m addition to the remedies given in and punishment imposed by this.chapter, maintain a suit in equity in the ~,me of the Common_w_e~th to e~oin the.sa?.e; provided, however, the attorney for the Commonweal.th. sha~_ no~ oe reqmr.ea prosecute any suit brought by a citizen under, this s.ec.tion..In e?.ry case w?e. re the bill charges, on the knowledge or belief o[ compmman~, ana ~s sworn to oy two witnesses, that a nuisance exists as described in § 18.2-258, a temporary injunction may be granted as soon as th. e.bill i.s pre?,n, ted ~ the c?urt,pro, vided reasonable notice has been given. The injunction snan enjoin aha restrain any owners, tenants, their agents, employees, and any other person from contrib- uting to or maintaining the nuisance and may impose such other_re§uir, em, e.n, ts as the court deems appropriate. If, after hearing_, the court finds .tlc. as material allegations of thebill are true, although the ~remises comp~!,~ea may not then be unlawfully used, it shall continue the injunction ag,in,t such ghtrsons or premises for such period of time as it ,dee.ms a~ppr?,priate, witl~ the to dissolve the injunction upon a proper snowing oy me owner o~ the premises. (1990, c. 948.) 3O7 F~ruary7,2~0 ROANOKE BRANCH NAACP P.O. Box 12362 Roanoke, Virginia 24025 (540) 344-2424 RECEIVED '00 FEB-7 P2:13 The Honorable Mayor David A. Bowers, and Members Of the Roanoke City Council & City Manager Darlene Burcham 215 Church Avenue S.W. Roanoke, Virginia 24011 Dear Mayor and Council Members & City Manager Burcham: I am writing to.you on behalf of the Executive Board, Members, Constituents and Supporters of the Roanoke BranCh of the NAACP. This communication is regarding two separate but related concerns and they are as follows: 1] Items2 & 3 under the City Manager's Report on today' s agenda regarding "Proposed drug enforcement procedures" 2] The pending investigation of the January 31, 1999 shooting of Roanoke clan, Mr. wiibert ~wiS by Roanoke City Police Office~ Boucher The NAACP would like for City Council to act carefully and responsibly to the legitimate concerns of neighborhoods of increasing drug activity. We urge City Council to be certain that the measures we .employ in dealing with the scourge of drugs and exploitation are balanced and constitutional. That you act with due diligence and constitutional prudence. We have some limited understanding of the "Norfolk strategy" and believe, as others do that it has some effective applications for our City. However, we have learned with such plans, too often after the "damage" that the "devil can be in the details". While we desperately need to deal more effectively and yes, prudently with this growing problem, it must not be at the cost inadvertently or otherwise of the liberties of innocent and law-abiding citizens. And let me hasten to add that it is the innocent and law-abiding citizens that we want to take special care for. Having said that I want to state dearly that drug dealers should be prosecuted and so should drug suppliers and drug buyers. Our approach has tobe a complete one and a balanced one. On a related concern, as we seek to broaden our efforts and authority of the local government and its law enforcement department to deal with Roanoke's "drug problem" we remain shadowed by a dark cloud of uncertainty and concern about the accountability Council pg2 of the very components of City government that will enforce these laws. The "Norfolk model" as it was reported suggests that the offices of the City Attorney, the Housing Department and the Police Department in addition to the Commonwealth Attorney's newly appointed assistant for housing cases are the key enforcers. The concern is that this team, in Roanoke's case would include a Housing & Community Planning department that has hired nearly ten new employees in the last 15 months, none of which are minority and that has consistently rezoned and permitted construction and reconstruction of the very kind of properties that are being used for a lot of the drug activities we're seeking to eradicate. This team, in Roanoke's case would also include a Police department that we believe currently harbors some officers who consistently operate outside of the "rules" with little or no consequences--or accountability. We cannot afford to create a scenario where we trade one problem for one that feed existing ones that aren't getting addressed. Based on these concerns and others I want to say to you that there are some questions we would like answered before City Council and the Administration moves too much further on this matter. 1] What are the specific criteria for determining "proper evidence"? 2] Who initiates the "affidavit" to the City Attorney? 3] How will we avoid wrongful destruction of property, indictments, and prosecution? 4] How do we insure that rogue officers won't use this ordinance as another tool for misconduct? Why not provide citizens with more details in a Public Hearing on the specifics of the proposed drug enforcement strategies? 6] Does the proposed strategy include "real" and strong measures for addressing the drug problem with regard to drug suppliers and buyers and not just sellers? 7] Where are the "checks and balances" in the plan? We are urging you to be judicial and sensible. Again, we do have to address this problem better than we've done in the past. We do need to get this scourge offofour streets and out of our community. The NAACP supports that idea and pledges its strong support for a plan that is sensible, balanced, equitable, effective and constitutional. How we do this is critical for our avoiding other issues just as detrimental to our community's progress. Council pg3 Lastly, I want to request that City Council and the Administration move immediately to appoint a Task Force of citizens to explore the value of a Citizens' Review Panel as part of the Police Department's citizens' complaint process. The City's Community Relations Task Force listed the need for this panel, as one of it's TOP 3 RECOMMENDATIONS. We have little to no belief in the department's ability to effectively police itself. While there are certainly other ways of developing this resource we believe that the best scenario would be one supported and appointed by our city government. Our Executive Board, Members, Constituents, and Supporters will look forward to your response to our concerns and questions. Thank you for your attention to these concerns. Cc~ Roanoke NAACP Executive Board Virginia Conference NAACP NAACP National Legal Counsel Roanoke Valley Press Core Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 10, 2000 File #60-266-369 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34663-020700 amending and reordaining certain sections of the 1999-2000 Capital Projects Fund Appropriations, providing for appropriation of $10,800.00, in connection with repayment of training funds received by First Union National Bank from the City through its job training incentive program in Enterprise Zone One for companies creating or relocating certain jobs within the area. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Dadene L. Burcham, City Manager Melinda J. Payne, Economic Development Specialist C:klvly File~\feb7. wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of February, 2000. No. 34663-020700. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital. Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1999-2000 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDHation$ General Government $ 31,245,239 Roanoke Centre for Industry and Technology (1) ................... 3,321,372 Revenue First Union Penalty (2) ....................................... $ 10,800 1 ) Appropriated from Third Party 2) First Union Penalty Payment (008-052-9629-9004) $ 10,800 (008-008-1234-1168) 10,800 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Al-rEST: City Clerk. Roanoke City Council Regular Agenda ReRqrli, ~-, =~ .... ~':~ .... February 7, 2000 '00 JAN 31 ~1:34 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Appropriation of Funds from First Union National Bank Background: City Council established a training incentive program on March 14, 1994, in Enterprise Zone One for companies creating or relocating a minimum of 200 new jobs over an 18- month period. The program requires that jobs, for which training funds are received, be retained for at least five years. First Union National Bank received training funds from the City of Roanoke through this program. A base of 566 jobs was established for the purpose of receiving training funds, with the five-year period commencing on October 1, 1994, and ending on October 1, 1999. The number of jobs to be created or relocated was revised to 420 jobs in June 1999. First Union National Bank agreed to pay $400 for each job below the 420 jobs that were to be created or relocated. A review by First Union National Bank, the City of Roanoke Department of Economic Development and the Fifth District Employment and Training Consortium for the period commencing on October 1, 1998, and ending on October 31, 1999, disclosed that First Union National Bank has $93 jobs in Enterprise Zone One. This is 27 jobs below the agreed upon number. The City of Roanoke has received funding in the amount of $10,800 from First Union National Bank as repayment for training funds received. Recommended Action(s): City Council appropriate funding in the amount of $10,800 received from First Union National Bank to account 008-052-9629-9004 (Roanoke Centre for Industry and Technology Addition - Property). Respectfully submitted, City Manager C: James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Melinda J. Payne, Economic Development Specialist #00-01 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 10, 2000 File #2-60-207-450 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34664-020700 amending and reordaining certain sections of the 1999-2000 Capital Projects Fund Appropriations, providing for appropriation of $3,580.00, which amount reflects the difference in the sale price of a City-owned parcel of land to A & M Enterprises. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Darlene L. Burcham, City Manager Melinda J. Payne, Economic Development Specialist C:~4yFil~Xf~b7.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of February, 2000. No. 34664-020700. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1999-2000 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Government $ 31,234,439 Roanoke Centre for Industry and Technology - Additional Property (1).. 3,310,572 Revenue A & M Enterprises (2) ......................................... $ 350,240 1 ) Appropriated from Third Party (008-052-9629-9004) $ 3,580 2) A & M Enterprises (008-008-1234-1174) 3,580 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report February 7, 2000 '00 drift 31 ~11:34 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Appropriation of Funds from A&M Enterprises, LLC Background: Innotech, now a division of Johnson & Johnson, outgrew its current facility at 5568 Airport Road in early 1997 and began to investigate means to enlarge the facility. Geoffrey M. Ottaway, owner and developer of the Innotech facility on Airport Road, agreed to construct a 30,000-sq. ft. addition and lease the property to Innotech for a period of 10 years. Roanoke City entered into an agreement for purchase and sale of city-owned property identified by Roanoke City Tax Map Number 6640105. In March 1997, the city conveyed approximately 8.6665 acres to A&M Enterprises, LLC, at a price of $346,660. However, a field study conducted before the closing showed the actual acreage to be 8.756 acres. The City of Roanoke received a check in the amount of $350,240. The additional $3,580 received needs to be appropriated to reflect the difference in sales price. Recommended Action(s): City Council appropriate funding in the amount of $3,580 received from A&M Enterprises, LLC, to account 008-052-9629-9004 (Roanoke Centre for Industry and Technology Addition - Property). Respectfully submitted, City Manager CC: James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Melinda J. Payne, Economic Development Specialist #00-04 Roanoke City Council Regular Agenda Report February 7, 2000 The Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Amendment Number I to the Agreement Among the City of Roanoke, Roanoke Higher Education Authority and the Roanoke Redevelopment and Housing Authority Background: On September 14, 1999 the city approved the above agreement by which the city granted $2.5 million to the Roanoke Higher Education Authority (RHEA) to be used to renovate and improve the Roanoke Higher Education Center building. The city has completed a study of the need for infrastructure to be constructed on City-owned property and rights-of-way in the Greater Gainsboro Development Area, which includes the Higher Education Center as well as the RNDC projects and the planned apartment project in the GOB- S Building. The city has identified $ 3million to be funded over a period of four years to improve the various infrastructure elements. The three project groups have reviewed the plan and agreed upon the elements which should be funded. It is the desire of all of the project participants and the city to complete these improvements expediently and efficiently. The RHEA is willing to amend its contract with its architects and engineers in order to design and engineer all the agreed upon infrastructure improvements in the Greater Gainsboro Development Area. The city is agreeable to granting RRHA additional funds in the amount of $131,500 to accomplish this design and engineering work. Budgetary Impact: Funding is available in the following account: 035-G00-030-5286 Greater Gainsboro Development Project Requested Action(s): Approve Amendment Number 1 to the Agreement. Approve attached budget ordinance to appropriate funding to design and engineer the infrastructure improvements listed in Amendment Number 1. Attachment(s): Amendment Number 1 to the Agreement Budget ordinance Res.pectfully submitted, Darlene L. Burcham City Manager CC: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance #00-05 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 10, 2000 File #27-60-405-468 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34665-020700 amending and reordaining certain sections of the 1999-2000 Water, Sewage Treatment, and Capital Projects Fund Appropriations, providing for appropriation of $330,360.00, in connection with design of the Forest Park Drainage Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Darlene L. Burcham, City Manager Chades M. Huffine, City Engineer J. Greg Reed, Project Manager, Engineering C:~4yFil~\f~bT.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of February, 2000. No. 34665-020700. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Water, Sewage Treatment, and Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1999-2000 Water, Sewage Treatment and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Water Fund Aooropdation$ Capital Outlay $ 1,189,601 Forest Park Drainage Project (1) ....................~ ...........25,000 Retained Eaminc~s Retained Eamings (2) ........................................ $31,019,923 Sewaae Treatment Fund Capital Outlay Forest Park Drainage Project (3} ................................ Retained Eamina~ $60,398,473 110,000 Retained Earnings (4) ........................................ $30,148,336 Capital Projects Fund Appropriations Sanitation Forest Park Drainage Project (5) ................................ Capital Improvement Reserve Public Improvement Bond Series 1992 (6) ......................... 1 ) Appropriated from General Revenue 2) Retained Earnings 3) Appropriated from General Revenue 4) Retained Earnings 5) Appropriated from Bond Funds 6) Storm Drains (002-056-8355-9003) $ 25,000 (002-3336) (25,000) (003-056-8356-9003) (003-3336) (008-052-9689-9001) (008-052-9700-9176) 110,000 (110,000) 195,360 (195,360) $ 963,655 195, 36O $21,309,991 18,280 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 10, 2000 File #27-60-405-468 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 34666-020700 authorizing a contract with Anderson & Associates of Virginia, Inc., in the amount of $314,630.00, for professional services for engineering design for the Forest Park Drainage Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: S. K. Anderson, President, Anderson & Associates, Blacksburg, Virginia 24060-5807 James D. Grisso, Director of Finance Charles M. Huffine, City Engineer J. Greg Reed, Project Manager, City Engineer's Office 100 Ardmore Street, C:MMyFil~\fcb7.wpd IN THECOUNC~ OF THE CITY OF ROANOKE, VIRGINI& The 7th day of February, 2000. No. 34666-020700. A RESOLUTION authorizing a contract with Anderson & Associates of Virginia, Inc., professional services for the engineering design for the Forest Park Drainage Project. for THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a contract with Anderson & Associates of Virginia, Inc., in the amount of $314,630 for professional engineering design services for the Forest Park Drainage Project as described in the City Manager's report to this Council dated February 7, 2000. 2. The form of the contract shall be approved by the City Attorney, all as more particularly set forth in the City Manager's report to this Council dated February 7, 2000. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report February 7, 2000 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Forest Park Drainage Project Background: The Forest Park area of the Villa Heights Neighborhood has experienced drainage and flooding problems for many years. Since the annexation of this area in 1943, several storm drain and channelization projects have been completed in this neighborhood to reduce flooding, however some flooding of streets and homes continues. The previous projects in this watershed have addressed localized problems and have not been part of a comprehensive watershed plan. This area has also experienced significant sanitary sewer backups during wet weather. The inflow and infiltration of stormwater into the sanitary sewer system has caused manhole overflows and sanitary sewer backups into many basements. Correcting these problems will likely require the availability of an adequate storm drain system. For this reason, the best approach to this project was determined to be a comprehensive contract to combine the stormwater and sanitary sewer analysis and design. The Forest Park Drainage Project was included in the Capital Improvement Program (CIP), approved by City Council on July 21, 1997: This project received a high priority rating in the CIP Drainage Program and funding was established in the 1997 Bond Referendum. Following a published Request for Proposals and review of the submitting firms, Anderson & Associates of Virginia, Inc., located in Blacksburg, Virginia, was selected to perform design services for the Forest Park Drainage Project. The proposed contract with Anderson & Associates of Virginia, Inc., will include inventory and field location of existing water, sanitary sewer and storm drain systems, modeling, preliminary design of corrective projects, and priorities for the phasing of future construction projects. The proposal from Anderson & Associates of Virginia, Inc., for the professional design services necessary for this project, is $314,630. Adding a 5% ($15,730) contingency for potential scope of work changes in project design would bring the total appropriation to $330,360. Approximately $135,000 of contract costs will be associated with the water and sewer systems and $195,360 will be associated with the storm drainage system. As a comprehensive project for an entire watershed, this project includes additional scope of work from a typical design contract. Approximately $173,000 of this contract will be used for field location, condition surveys, and database development for the existing water, sewer and Roanoke City Council- Regular Agenda Report FOREST PARK DRAINAGE PROJECT February 7, 2000 Page 2 drainage systems within this watershed area. This additional detail will provide the basis for all future water, sanitary sewer and drainage maintenance and construction projects in this watershed. This work has also been determined to be necessary because of the overlap between the drainage and sanitary sewer problems and solutions for this watershed. Unless this comprehensive analysis is performed, future drainage and sewer projects in this watershed will be difficult to accurately assess or prioritize. One of the goals of this project is to identify specific sources of ground water and rainfall runoff inflow into the sanitary sewer from private homes and businesses. Since this work will involve considerable contact with individual property owners, information mailers will be sent to those affected and neighborhood meeting(s) will be arranged. Considerations: The cost of this design project will be $314,630 with a contingency of $15,730, for a total appropriation of $330,360. Funding is available in the following accounts: Sewer Fund Retained Earnings Account Water Fund Retained Earnings Account Public Improvement Bonds Series 1992A, acct. no. 008-052-9700-9176 $110,000 25,000 195,360 Total $330,360 Funding needs to be appropriated to a new Capital Projects Account entitled "Forest Park Drainage Project". Recommended Action(s): Appropriate funding for the design of the Forest Park Drainage Project. Authorize the City Manager to enter into a contractual agreement with Anderson & Associates of Virginia, Inc. for the above engineering design services for this project. Attachment: 1 Respectfully submitted, City Manager C: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance J. Greg Reed, P.E., Project Manager H:\USER\COMMON~Council\Reed\fpa&e.wpd #00-109 Location Map Forest Park Watershed Area Attachment Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 10, 2000 File #60-313 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34667-020700 amending and reordaining certain sections of the 1999-2000 General and Capital Projects Fund Appropriations, providing for transfer of $78,000.00, in connection with payment of architectural and engineering services related to structural and internal renovation of the Williamson Road Parking Garage. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, -~tlu,~.~--' Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Darlene L. Burcham, City Manager Matthew Wynn, Manager, Parking Garages Ellen S. Evans, Construction Cost Technician, City Engineer's Office Chades M. Huffine, City Engineer Terry W. Kemp, Project Manager, City Engineer's Office C:\MyFilcs\feb7. wlxl IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of February, 2000. No. 34667-020700. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1999-2~ General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Aoorooriations Nondepartmental $ 62,650,709 Transfers to Other Funds (1) ................................. 61,496,223 Fund Balance Reserved for CMERP - City (2) ............................... $ 2,409,854 Caoital Prolect~ Fund Aooroodation$ General Government $ 31,308,859 Williamson Road Parking Garage Renovation (3) .................. 78,000 1 ) Transfers to Capital Projects Fund 2) Reserved for CMERP - City 3) Appropriated from General Revenue (001-004-9310-9508) (001-3323) (008-052-9557~9003) 78,(XX) (78,0(X)) 76,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report February 7, 2000 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Williamson Road Parking Garage Renovation Background: The facility is located at 201 Tazewell Avenue S.E. and is in immediate need of structural and internal renovation. After proper advertisement and interviews, a consultant selection committee selected Hayes, Seay, Mattern & Mattern, Inc., 1315 Franklin Road S.W., Roanoke, Virginia 24016, as the best qualified consultant for the proposed work. Considerations: A contract for architectural and engineering services in the amount of $72,100 has been generated and is awaiting execution pending approval by the City Manager, who has authority to execute a contract for this amount, once funding is provided. Funding for the consultant services is available in the Fiscal Year 2000 (CMERP) budget as follows: Professional Consultant Services $ 72,100 Contingency 5,900 Total Funding $ 78,000 Cost of the services is approximately 14% of the project budget, which is reasonable for the work to be performed due to the complexity of the repairs needed and the professional expertise required for proper design solutions. Recommended Action: Authorize the Director of Finance to create a capital account to be entitled "Williamson Road Parking Garage Renovation" and transfer $78,000 to that account from fiscal year 2000 Capital Maintenance Equipment Replacement Program (CMERP). Honorable David A. Bowers, Mayor, and Members of City Council WlLLIAMSON ROAD PARKING GARAGE RENOVATION February 7, 2000 Page 2 Respectfully submitted, City Manager c: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Ellen S. Evans, Construction Cost Technician Terry W. Kemp, Project Manager # 00-110 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 10, 2000 File #60-410 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34668-020700 amending and reordaining certain sections of the 1999-2000 General Fund Appropriations, providing for transfer of $42,450.00, in connection with the purchase of chemicals for the City's snow emergency operations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Dadene L. Burcham, City Manager Robert K. Bengtson, Acting Director, Public Works William L. Stuart, Manager, Streets and Traffic C:~yFile~\ feb7.~l IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of February, 2000. No. 34668-020700. AN ORDINANCE to amend arid reordain certain sections of the 1999-2000 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1999-2000 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~DroDriations Public Works $ 22,723,177 Snow Removal (1) ......................................... 290,798 Nondepartmental $ 62,018,105 Contingency - General Fund (2) .............................. 276,712 1) Chemicals (001-052-4140-2045) $ 42,450 2) Contingency (001-002-9410-2199) (42,450) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATFEST: City Clerk. Roanoke City Council Regular Agenda Report '~0 ~-3 ~9:57 February 7, 2000 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Snow Emergency Operations - Chemicals Background: The Fiscal Year 1999-2000 budget includes funding for 2,000 tons of rock salt, and prior fiscal year encumbrances provided for an additional 1,000 tons. Approximately 3,550 tons were stockpiled prior to this winter's first snowfall. Currently, 2,750 tons of the 3,550 tons of rock salt available have been spread on streets and bridges during the recent winter storms. Therefore, there is an immediate need to replenish the current stockpiles since the snow season is not over. Considerations: Cost of 1,000 tons of rock salt will be $42,450. Funding is available in the General Fund Contingency Account 001-002-9410-2199, and needs to be transferred to Snow Removal-Chemicals Account 001-052-4140-2045. Recommended Action(s): Approve the attached budget ordinance to transfer funding to purchase 1,000 tons of rock salt. CC: Respectfully submitted, City Manager Mary F. Parker, City Clerk James D. Grisso, Director of Finance William M. Hackworth, City Attorney Robert K. Bengtson, Acting Director of Public Works William L. Stuart, Manager of Streets & Traffic # 00-115 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 10, 2000 File #102-178-414 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 34669-020700 authorizing assignment of the permit granted to N & W Railway Company in 1930, for the right to maintain the Pedestrian Bridge and Underground Tunnel crossing Centre Avenue, N. W., to the Roanoke Higher Education Center, Inc., and then, in turn, to Roanoke Higher Education Associates, LP, and further authorizing assignment of the overhead bridge portion of the permit to the Roanoke Redevelopment and Housing Authority. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Dr. Thomas L. McKeon, Executive Director, Roanoke Higher Education Authority, 213 South Jefferson Street, Roanoke, Virginia 24011 John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator C:kMyFil~\fcb7.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2000. No. 34669-020700. A RESOLUTION authorizing the assignment of the permit granted to N & W Railway Company in 1930, for the right to maintain the Pedestrian Bridge and Underground Tunnel crossing Center Avenue, N.W., to the Roanoke Higher Education Center, Inc., and then, in turn, to Roanoke Higher Education Associates, LP, and further authorizing the assignment of the overhead bridge portion of the permit to the Roanoke Redevelopment and Housing Authority. BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council authorizes the assignment of the permit granted to the Norfolk & Western Railway Company in 1930, for the fight to maintain the Pedestrian Bridge and Underground Tunnel crossing Center Avenue, N.W., to the Roanoke Higher Education Center, Inc., and then, in turn to Roanoke Higher Education Associates, LP, in a form approved by the City Attorney, pursuant to the letter agreement dated November 15, 1999, as more particularly set out in the City Manager's report to this Council dated February 7, 2000. 2. This Council further authorizes the assignment of the overhead bridge portion of the permit to the Roanoke Redevelopment and Housing Authority, in a form approved by the City Attorney, as more particularly set out in the City Manager's report to this Council dated February 7, 2000. ATTEST: H:LRES~ .A~ai~n- Permit -NW. R/-~C. 2.7.00 City Clerk. Roanoke City Council Regular Agenda Report February 7, 2000 '00 JAN 31 At1:31 Honorable Mayor David A. Bowers, and Members of City Council Roanoke, Virginia Subject: Consent to Assignment of Right to Maintain Pedestrian Bridge and Underground Tunnel Background: The City granted a permit on March 28, 1930, to Norfolk & Western Railway Company (N & W) to construct and maintain an underground tunnel and overhead pedestrian bridge crossing Center Avenue, NW, between N & W's General Office Building North (GOB North) and General Office Building South (GOB South). There is mechanical equipment in GOB South that provides service to GOB North via the underground tunnel. The buildings are no longer owned by N & W. One of the current owners, The Roanoke Higher Education Authority, has requested that City Council consent to the assignment of the permit to the Roanoke Higher Education Center, Inc. (RHEC, Inc.), and then, in turn, to Roanoke Higher Education Associates, LP, per the attached letter dated October 20, 1999. RHEC, Inc. has assigned to Roanoke Redevelopment and Housing Authority a portion of its rights, title and interests in and to the original permit as it relates to and concerns the pedestrian bridge only. See letter dated January 7, 2000, with attachments. Considerations: Current owners need to be able to access and maintain the overhead pedestrian bridge and underground tunnel. Recommendation Action(s): Authorize the assignment of the permit granted to N & W Railway Company in 1930 to the RHEC, Inc., and then, in turn, to Roanoke Higher Education Associates, LP, and to further authorize the assignment of the overhead bridge portion of the permit to RRHA, in a form approved by the City Attorney. City Manager Attachments: 2 CC: James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Sarah E. Fitton, Engineering # 00-312 Attorneys at Law 540,983-9300 Facsimile 540,985,9400 GENTRY LOCKE RAKES & MC RE A Limited Liabili[y Partnership Direct Dial: 540-983-9368 October 20, 1999 Attachment ~0 Franklin Road S E Post Office Box 40013 Roanoke. Virginia 24022 0015 James D. Ritchie Acting City Manager Municipal Building, Room 364 .~.~" ~ q Church Avenue, S.W. Roanoke, Virginia 24011 Re.' Bridge and Tunnel Between General Office Building North and General Office Building South Dear Jim: We represent the Roanoke Higher Education Authority which is renovating the former Norfolk Southern General Office Building North (GOB North) as the Roanoke Higher Education Center. As you know, Norfolk Southern Railway Company, successor to Norfolk & Western Railway Company, conveyed GOB North to Roanoke Foundation for Downtown, Inc., which in turn conveyed GOB North to Roanoke Higher Education Center, Inc., which will ultimately convey GOB North to Roanoke Higher Education Associates, L.P. A pedestrian bridge and an underground tunnel connects GOB North with General Office Building South (GOB South). Our research reveals that the authority for these structures to exist over and under the public right-of-way of Center Avenue, N.W., is a resolution adopted by Roanoke City Council on March 28, 1930 (Resolution No. 3665) which granted a permit to the Norfolk & Western Railway Company to construct and maintain the pedestrian bridge and tunnel at a location shown on a blueprint provided by the railroad (Plan M-1411, dated March 20, 1930) upon certain terms and conditions. I am enclosing for your reference a photocopy of Resolution No. 3665 along with a copy of Plan M-1411. Roanoke Higher Education Center, Inc., has obtained an assignment of the Railway's permit in order to continue to maintain the pedestrian bridge and tunnel over and under the public right-of- way of Center Avenue. A copy of the Assignment is enclosed. By accepting the Assignment, Roanoke Higher Education Center, Inc., has assumed all the responsibilities and obligations of Norfolk & Western Railway Company as to the bridge and tunnel. On behalf of Roanoke Higher Education Center, Inc., we are now requesting that City Council consent to assignment of the rights City Council granted to Norfolk & Western Railway Company in 1930 to Roanoke Higher Education Center, Inc., upon the same terms and conditions. { W:\transact\ 13815~-~(X)652698.DOC } GENTRY LOCKE RAKES & MCDRE James D. Ritchie October 20, 1999 Page 2 We are providing a copy of this letter and its attachments to Mr. Hackworth for his review and request that you place this matter on the agenda of City Council for November 1, 1999. Please contact me should there be any questions with respect to this matter. I will be present at the Council meeting on November 1, 1999, should City Council have any questions with respect to this matter. On behalf of Roanoke Higher Education Authority, we very much appreciate the continuing support of City Council as we work to make this important public project a reality. With kindest personal regards, I am Very truly yours, GENTRY LOCI~ ~S & MOORE Wilburn C. Dibli, hg, Jr. WCDjrCod C: William M. Hackworth, Esq. Mr. Brian J. Wishneff { W:~nmsact~! 38 ! 5X2~d~652698.DOC } Attachment 2 Attorneys at Law 540.983,9500 Facsimile 540.983.9400 GENTRY LOCKE RAKES & MCE)RE A Limited Liability Partnership Di~ct Dial: 540-983-9341 January 7, 2000 10 Frankhn Road, SE Post Office Box 400] $ Roanoke, Virginia 24022 0013 www gentrylocke corn Mr. Kit Kiser Director of Utilities and Operations City of Roanoke 215 Church Avenue, Room 354 Roanoke, Virginia 24011 Re: Roanoke Higher Education Center, Inc. Dear Mr. Kiser: Enclosed please find copies of the executed Assignment and Letter of Understanding between the Roanoke Higher Education Authority and the Roanoke Redevelopment and Housing. Authority relative to the pedestrian bridge and tunnel over and under Center Avenue. On behalf of the Roanoke Higher Education Authority, we respectfully request that your office and City Council consent to the assignment of permit rights as to the bridge and tunnel as is specified in the Letter Agreement of November 15, 1999. We would appreciate your scheduling this matter to be brought before City Council at the first possible opportunity. We thank you for your kind attention to this matter. Please feel free to call with any questions or concerns you may have. Very truly yours, _- GENTRY LOCKE RAKES & MOQI~ KWH/phf Enclosures cc: Dr. Thomas L. McKeon (w/o enc.) Mr. Don Buffington (w/enc.) Bruce C. Stockburger, Esq. (w/o enc.) { W:\transact\ 12949\1 X00668801 .DOC } ASSIGNMENT FOR VALUABLE CONSIDERATION, the receipt and adequacy of which is hereby acknowledged, the undersigned, ROANOKE HIGHER EDUCATION CENTER, INC., a Virginia corporation (the "Assignor"), for itself and its successors and assigns does hereby assign, transfer and set over unto ROANOKE REDEVELOPMENT HOUSING AUTHORITY (the "Assignee"), a portion of Assignor's rights, title and interests in and to a permit granted by Resolution No. 3665,. adopted by Roanoke City Council on March 28, 1930, subject to all the terms, condit/~ons, covenants and agreements contained in such Resolution. A true copy of Resolution No. 3665 along with Plan M-1411, prepared by the Office of the Chief Engineer of the Norfolk and Western Railway Company, dated March 20, 1930, showing the location of the pedestrian bridge and tunnel across Centre Avenue, N.W., in the City of Roanoke, Virginia, which are the subject of Resolution No. 3665, are attached to this Assignment. Assignor assigns its rights, title and interests in and to the above-described permit as the permit relates to and concerns the pedestrian bridge only. Assignor does not assign, and hereby reserves, any and all rights, title and interests in and to the above-described permit as the permit .relates to and concerns the tunnel. Assignee accepts the above assignment as of the stated effective date of this agreement and agrees to perform all the terms, conditions, covenants and agreements of Resolution 3665 that are to be performed by Assignor. Assignee's agreement shall be binding on its heirs, legal representatives, successors and assigns. IN WITNESS .WHEREOF, this Assignment has been executed as of the !/~day of N~v~ ,1999. {W:\transact\t3815\l\00657585.DOC} ROANOKE HIGHER EDUCATION CENTER, INC. ROANOKE REDEVELOPMENT HOUSING AUTHORITY Its: ~-- (W: transact\13815\1\00657585.DOC) ROANOKE HIGHER EDUCATION AUTHORITY 1004 First Union Building 213 South Jefferson Street Roanoke, Virginia 24011 November 15, 1999 Mr. John P. Baker Executive Director Roanoke Redevelopment and Housing Authority P. O. Box 6359 Roanoke, Virginia 24017 Re: Permit Rights to Bridge and Tunnel Dear John: This letter will confirm our joint understanding of the respective rights of the Roanoke Higher Education Authority (the "Authority") and the Roanoke Redevelopment and Housing Authority CRRHA") to the permit to the Centre Avenue pedestrian bridge and tunnel. As you know, on October 22, 1999, Norfolk Southern Railway Company (the "Railway") assigned to Roanoke Higher Education Center, Inc. CRHEC, Inc."), a supporting organization of the Authority, all of the Railway's interests in a permit (the "Permit") granted to the Railway by Resolution No. 3665, adopted by Roanoke City Council on March 28, 1930 (the "Resolution"). The assignment was made by the Railway, and accepted by RHEC, Inc., subject to all of the terms, conditions, covenants and agreements contained in the Resolution. The Resolution granted to the Railway a permit to "construct and maintain an overhead walkway and an underground walkway or tunnel across Center [sic] Avenue N.W." On November 11, 1999, RHEC, Inc. assigned to the RRHA all of its rights, title and interests in the Permit as the Permit relates to the overhead walkway or pedestrian bridge only. In the same instrument, RHEC, Inc. expressly reserved its rights, title and interest in the Permit as the Permit relates to the aadergro~md walkway or tunnel. The Assignment )nclufied a si~ature block for the RRHA to sign accepting the assign.m, ent as assignee. We invite the RRHA to do so at its earhest convenience. Consistent with the original terms, conditions, covenants and agreements contained in the Resolution, RHEC, Inc. accepts the obligation to "maintain" the underground walkway or tunnel. Consistent with the original terms, conditions, covenants and agreements contained in the Resolution, the RRHA accepts the obligation to "maintain" the overhead walkway or pedestrian bridge. As well, the Authority, RHEC, Inc. and / or Roanoke Higher Education Associates, L.P. will use the easement through the GOB-South building and through the tunnel for access to the former GOB- {W: transact\13815\l\00658187.DOC} North building, as granted in the Deed of Gift from Roanoke Foundation for Downtown, Inc. to RHEC, Inc. dated June 28, 1999 and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke as Instrument No. 990010089. At the same time, the Authority, RHEC, Inc. and Roanoke Higher Education Associates, L.P. recognize that the RRHA will have and use a right of access over, under and across the former GOB:North for purposes of the attachment, enjoyment, maintenance, improvement and removal of the overhead walkway, as reserved in the same Deed of Gift. Given our joint understanding of these matters explained herein, the Authority understands that the RRHA has no objection to the Authority seeking or receiving the consent of the City of Roanoke to the October 22, 1999 assignment. Please indicate your consent t'.) this understanding by si.,,nin~ below, as indicated, on behalf of tt~ ROANOKE HIGHER EDUCATION AUTHORITY Thomas L. McKeon Executive Director ROANOKE REDEVELOPMENT HOUSING AUTHORITY cuBaker five Director {W: transact\13815\l\00658187.DOC} Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 10, 2000 File #60-472 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34670-020700 amending and reordaining certain sections of the 1999-2000 General and City Information Systems Fund Appropriations, providing for appropriation of $579,000.00, in connection with certain high priority technology needs and enhancements. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Darlene L. Burcham, City Manager D. Darwin Roupe, Manager, Office of Supply Management C:hMyFiles~feb7.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of February, 2000. No. 34670-020700. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and City Information Systems Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1999-2000 General and City Information Systems Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: q~eneral Fund Aoorooriations Nondepartmental Transfers to Other Funds (1) .................................. Fund Balance Reserved for CMERP - City (2) ................................ $ City Information Systems Fund Appropriations GIS Implementation - Phase I (3) ............................... $ Wide Area Network (4) ....................................... Work Station Requests (5) .................................... Imaging Infrastructure (6) ..................................... Contractors and Consultants (7) ............................... Automated Public Safety Project Phase II (8) ..................... $ 62,572,709 61,418,223 2,487,854 279,463 319,416 404,759 98,400 60,000 3,036,280 Treasurer Equipment (9) ..................................... Network Remote Sites (10) .................................... Internet Catalog (11) ......................................... Real Estate Assessment (CAMAS) (12) .......................... Council Report Tracking (13) .................................. Cost Accounting Replacement Feasibility Study (14) ................ Internet and Intranet (15) ..................................... Network Management (16) .................................... Technology Studies (17) ..................................... Revenue Operating Roanoke Area Libraries (18) .................................. Nonoperating Transfers from Other Funds (19) ............................... Retained Eaminas Retained Earnings- Unrestricted (20) ........................... 1) 2) 3) 4) 5) 6) 7) 6) 9) 10) 11) 12) 13) Transfer to C15 Fund (001-004-9310-9513) $ Reserved for CMERP - City Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from Third Party Appropriated from General Revenue Appropriated from General Revenue (001-3323) (013-052-9804-9003) (013-052-9811-9003) (013-052-9815-9003) (013-052-9822-9003) (013-052-9828-9003) (013-052-9831-9003) (013-052-9833-9003) (013-052-9835-9003) (013-052-9837 -9004) (013-052-9838-9003) (013-052-9840-9003) 505,100 (505,100) 200,000 13,000 125,614 38,400 60,000 150,000 26,635 20,000 115,476 250,O00 30,000 $ 67 935 20 000 115 476 250 000 30000 39000 60,000 18,000 18 000 $ 3,676,368 80,025 $ 775,929 535,100 $ 6,463,121 14) Appropriated from General Revenue 15) Appropriated from General Revenue 16) Appropriated from General Revenue 17) Appropriated from General Revenue 18) Roanoke Area Libraries 19) Transfer from General Fund 20) Retained Earnings (013-052-9841-9003) (013-052-9842-9003) (013-052-9843-9003) (013-052-9844-9003) (013-020-1234-1250) (013-020-1234-1037) (013-3336) 39,000 60,000 18,000 18,000 80,025 505,100 (579,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A'I-rEST: City Clerk. Roanoke City Council Regular Agenda Report February 7, 2000 ~ECE~VEO '00 FEB -3 A9:57 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Fund Appropriations from Capital Maintenance and Equipment Replacement Program and Prior Year Retained Earnings Background: The Information Technology Committee (ITC) has developed a list of priority projects and equipment needs that have been determined critical and/Or time sensitive. This listing is shown on Attachment 1 of this report. All items and projects listed will be purchased in accordance with the requirements as set forth in Chapter 23.1, Procurement, of the Code of the City of Roanoke (1979), as amended. Considerations: Total funding request is $1,164,125. Funding is available as follows: · Current Year Capital Maintenance and Equipment Replacement Account City Information Systems, Prior Year Retained Earnings Account · To be funded by Roanoke Area Libraries with an Accounts Receivable established for the same. $505,100 $579,0OO $ 80,025 Recommended Action(s): Approve the budget ordinance to appropriate funding to provide for items and projects to address high pdority technology needs and enhancements. Respectfully submitted, City Manager Attachment(s): 1 CC: City Clerk City Attorney Director of Finance Manager, Supply Management #00-313 TECHNOLOGY RECOMMENDATIONS Attachment 1 WORKSTATION REQUESTS 1. Workstation Equipment are as follows: ................................ 125,614 51 7 2 Replacement PCs $103,000 New PCs 15,750 New Laptops 6,864 Total Cost $125,614 DEPARTMENTAL APPLICATION REQUESTS Parks and Recreation Network Remote Sites ............................................ 20,000 It is requested that six remote recreation centers be connected to the network to allow utilization of the current RecTrac registration tracking system f~om these locations which include: Eureka, Woodrow Wilson, Mountain View, Rivers Edge, Lucy Addison and Buena Vista. E-mail would also be provided. Public Safe .ty Mobile PCs, and Wireless Network (Phase H) ........................ 150,000 Public Safety Phase I projects (CAD, Police Records, and Jail Management) were approved and funded last year at $2,886,280. Police mobile laptop computers, field reporting and update to wireless data network systems are also needed and were discussed with the ITC last year as Public Safety Phase 11. The $150,000 being requested will fund 30 workstations, 4 mobile laptops and completion of the Public Safety wireless upgrade. Total cost of Phase II will be approxim~ately $I,000,000. The Police Department is currently investigating availability of grant funds which could fund the project. Page 1 Treasurer e Remittance Processing System .............. $23,635 to fully fund the project at $64,935 as requested last year. An additional $3,000 is needed for vendor services. The Remittance Processing System will be used for processing payments received by the Treasurer's Office and includes functions such as endorsing and encoding checks, interfacing with current collection and accounts receivable systems, and balancing. 26,635 Library. 0 Internet Catalog ................................................ 115,476 Roanoke Area Libraries (RAL) are requesting purchase of a module of the DRA library soitware system which allows citizens and staff access to the library's catalog via the internet. Project components include: DRA's sottware system, an Internet server and associated software, an Internet connection to the server, and contract services for installation. Roanoke's cost, 30.7% of the shared components and 100% of non-shared components, is $35,451. Real Estate Assessment Computer Assisted Mass Appraisal System (CAMAS) ................. 250,000 A new CAMAS system for annual real property assessments to replace the cun'ent CARAT system is needed. The current system has been in operation here in the city for almost 17 years and has not been updated or improved by the vendor during that time. It has numerous weaknesses, is old technology and very much out-of-date. Last year a Real Estate team defined requirements for a comprehensive Real Estate system capable of meeting the real estate needs throughout the city. Ci.ty Wide e GIS Implementation - Phase I ..................................... 200,000 Assessment and Planning- (comultant study) is complete. The consultant's report identifies and prio 'ntizes GIS applications into three major phases and includes detailed cost estimates for each phase. The first phase will include the implementation of the GIS infrastructure for a cost of $200,000. e Council Report Tracking ......................................... 30,000 A Council Report Tracking System is planned to automate the distn"oution, muting, and approval process through the use of a document workflow management facility. As a next Page 2 step, these documents can logically integrate with the City Clerk's Filing System to electronically generate City Council's agenda packages. In future years, this system will manage and automate the worldtow of other city documents (e.g., trover, personnel, internal requests, etc.). ge Imaging Infrastructure ........................................... 38,400 Acquire the necessary hardware and services to implement a central imaging facility for the City Clerk. Funding of $50,000 was approved to begin with one or more "pilot" imaging applications; this request is to acquire the hardware needed to support the application. e Replace Cost Accounting System ................................... 39,000 This funding will help to begin replacement of the city's outdated cost accounting system, providing a more flexible system that can be used by aH departments to accurately monitor the cost of services. The replacement of this system will directly benefit re-engineering efforts and irr~ rove the efficiency of required cost accounting activities. TOTAL: 9 Application Requests ................................. $869,511 ENTERPRISE TECHNOLOGY Wide Area Network (WAN) ................... WAN connections have been made to ~'ii~'~/;;:l~, 1~-i{~, ~ Estate Assessor's office on Campbell Ave., CIS at Campbell Court, Jefferson Center, Utility Lines and 15 Fire/EMS stations. WAN connections to Main Library and Civic Center are funded and connections to these locations are in progress. Additional WAN connections are needed at DMV for utility (water bills) collection and E-mail, and at the School Administration Building on Douglas Ave. 13,000 lnteruet and Intranet ............... $60,000 Provide platforms and in~u'~t~; ;~es~y' ;~ ~ 'c[l~;i ~;b sit; in-~;~ and to deploy a variety of Web based applications. Pilot applications may include a number of the following: (1) Intranet including Personnel Operating Procedures, Administrative Procedures Manual, City Telephone Directory, Council Reports Tracking etc. and (2) Interuet - current city web page, real estate data, and GIS. This infrastructure will provide the basic platform and architecture necessary to develop many services in the future which could include citizen's request for services, requests for building inspections, and many other interactions and transactions with city customers. Page3 e e Network Management .......................................... $18,000 Purchase sofl~vare to enhance network management platform for more pro-active monitoring of network. Purchase security software to help protect our infi'astructure fi~om security breeches and software necessary for centralized management of virus protection programs. Technology Studies ............................................ $18,000 Research current technology strategies and solutions for improving the management and accessability of information systems across the enterprise infi'astructure. Contractors and Consultants .................................... $60,000 Provide funds for technology consultants as needed for maintenance and support of current systems and technology and also support for charting future directions TOTAL: 5 Enterprise Technology Requests .......... : ............. $169,000 P~e4 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 10, 2000 File #63-184 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 34671-020700 extending certain pay benefits to City employees who incur injuries in the line of duty; and repealing Resolution No. 4748 adopted February 28, 1936. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance Kenneth S. Cronin, Manager, Personnel Management C:'~4yFil~\fcb7.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2000. No. 34671-020700. A RESOLUTION extending certain pay benefits to City employees who incur injuries in the line of duty; and repealing Resolution No. 4748 adopted February 28, 1936. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is authorized to approve for any full-time City employee who is bodily injured in the line of duty and, as a result of such injury, is eligible for Workers' Compensation, for a period not to exceed six (6) months or until such employee is able to return to duty, whichever occurs fn'st, supplemental pay in an amount equal to the difference between the employee's regular base pay and any lost wage payments received pursuant to the Workers' Compensation Act. 2. Any police officer or employee of the fire department working a 24-hour shift who is currently receiving Workers' Compensation shall be entitled to receive such supplemental pay back to the date of their injury or back to the date of the last payment of such supplemental benefit, whichever shall be later, provided that all such supplemental pay does not exceed a period of six (6) months. repealed. Resolution No. 4748. adopted by Council on February 28, 1936, is hereby ATTEST: City Clerk. Roanoke City Council Regular Agenda Report '00 FEB-3 P1:03 February 7, 2000 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Benefits for Employees Injured At Work Background: During the November 15, 1999 meeting of City Council, Councilman Swain requested information regarding benefits afforded to City employees who are injured in the line of duty. As the Councilman noted, a supplemental pay benefit is afforded public safety employees, resulting in differential treatment. This additional benefit, termed the "full pay benefit", was established by Resolution 4748 approved by City Council in 1936 to provide an additional one-third salary supplement to workers' compensation for Firefighter/EMT's and Police Officers. Considerations: Based on the City's practice of treating sworn Police and Fire/EMS differently than the rest of the workforce, Risk Management staff surveyed sixteen Virginia localities to determine their treatment of this issue. Questions addressed in this survey included which employees receive the full pay benefit, applicable time limits for receiving the benefit and the method used for calculation. Results of the survey indicated that Roanoke's practice of paying workers' compensation is different from the practices of other localities in two very definite ways. First, all employees in Roanoke are not provided the "full pay benefit" as in other localities; and second, the full pay benefit received by Police and Fire/EMS is not capped at net take home pay prior to the accident. Recommended Action(s): Extend the full pay benefit currently received by Police and Fire/EMS employees to all full-time City employees. Change the requirements of Resolution 4748 to provide that the City Manager shall have the authority to approve the supplemental pay benefit for any employee injured in the line of duty from the date of injury for six months. Honorable Mayor and City Council Page 2 In addition to the recommendations specified above, an evaluation of the procedure used to calculate the current full pay benefit will be conducted during the FY 2000-01 budget process. Respectfully submitted, City Manager DLB:jrl CC: City Clerk City Attorney Director of Finance Manager, Personnel Management #00-404 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 10, 2000 File #246 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 34672-020700 approving modification of the Fifth District Employment and Training Consortium (FDETC) Agreement to reflect federal legislative changes, upon certain terms and conditions; and adding Franklin County as a FDETC member jurisdiction. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development Vickie L. Price, Administrator, Fifth District Employment and Training Consortium C:M~yFiles\feb7.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2000. No. 34672-020700. A RESOLUTION approving modification of the Fifth District Employment and Training Consortium (FDETC) Agreement to reflect federal legislative changes, upon certain terms and conditions; and adding Franklin County as an FDETC member jurisdiction. WHEREAS federal legislation passed in August, 1998 requires the closeout of the current federally funded workforce development program, the Job Training Partnership Act (J/PA) and implementation of the new Workforce Investment Act by July 1, 2000; WHEREAS, the FDETC has served the governments and citizens within the four city and four county areas known as the Fifth Planning District for over 25 years; and WHEREAS, Franklin County has submitted a request to the FDETC Policy Board and the Virginia Workforce Council for consideration as a member jurisdiction which was granted. NOW, THEREFORE, BE IT RESOLVED that the FitCh District Employment and Training Consortium Agreement is hereby modified to reflect federal legislation passed in August, 1998 dissolving the Job Training Partnership Act and implementing the Workforce Investment Act as the new workforce development program, and Franklin County is hereby added to the Fitlh District Employment and Training Consortium Agreement as a member jurisdiction, as recommended in the City Manager's report to this Council dated February 7, 2000. ATTEST: H:XRES'~.. DLC-FDETC-2 -7 -00 City Clerk. Roanoke City Council Regular Agenda Report February 7, 2000 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Request for Modification to the Fifth District Employment and Training Consortium (FDETC) Agreement Background Federal legislation passed in August 1998 requires the closeout of the Job Training Partnership Act (JTPA) funded workforce development programs and implementation of the new Workforce Investment Act by July 1, 2000. Under an existing Agreement, the Fifth District Employment and Training Consortium has administered JTPA services benefitting the governments and citizens within the four city and four county area known as the Fifth Planning District for over 25 years (1974 - 1999). In October 1999, the Franklin County Board of Supervisors voted to seek membership in the Fifth District Consortium. Their decision to request regional re-alignment was based on a review of existing economic development alliances and worker commuting patterns. (Franklin County is a member of the Roanoke Regional Economic Development Partnership; Regional Alliance, under the Regional Competitiveness Act with the Roanoke-Alleghany Regional Commission, and Roanoke Valley Convention and Visitors Bureau. Further, of the 38.8% of Franklin County residents who commute to work, 58.1% commute to the Roanoke Metropolitan Statistical Area.) As a result, the current Consortium Agreement should be modified to reflect federal legislative changes, dissolving JTPA and implementing the Workforce Investment Act (WIA), and the addition of Franklin County as a member jurisdiction. Considerations Compliance with federal regulations - Federal WIA regulations allow for the reconfiguration of service delivery areas to reflect and accommodate regional priorities and alliances. Roanoke City Council February 7, 2000 Page 2 Timeframe for completion of activities -Virginia must submit a state workforce development plan which identifies each regional workforce investment area and includes input from these regions to the U.S. Department of Labor by April 2000. (Regional input from organizations such as the FDETC must be received by no later than March 2000). Regional considerations - The proposed workforce investment area, adding Franklin County, would mirror regional alliances that include the Economic Development Partnership; Regional Competitiveness Alliance (with the Roanoke-Alleghany Regional Commission) and the Roanoke Valley Convention and Visitors Bureau. Such a realignment would make collaboration in the identification of economic and workforce development strategies and allocation of resources for joint projects more feasible. Recommended Action(s_) Authorize the modification, and subsequent execution, of the Fifth District Employment and Training Consortium Agreement to reflect federal legislative changes, dissolving JTPA and implementing the Workforce Investment Act (WIA), and the addition of Franklin County as a member jurisdiction. Respectfully submitted, Darlene L. Burcham City Manager C: James Grisso, Director of Finance William Hackworth, City Attorney Glenn Radcliffe, Director of Human Development Vickie Price, FDETC Executive Director #00-702 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 10, 2000 File #178-236 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 34673-020700 authorizing acceptance of the Shelter Plus Care Grant extension from the U. S. Department of Housing and Urban Development and further authorizing execution of the required amendment to extend the grant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development C:kMyFilc~fcb?.wlx/ IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2000. No. 34673-020700. A RESOLUTION authorizing acceptance of the Shelter Plus Care Grant extension from the U. Si Department of Housing and Urban Development and authorizing execution of the required amendment to the grant extending the grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Shelter Plus Care Grant extension from the U. S. Department of Housing and Urban Development, to be used for those purposes and subject to the conditions identified in the report of the City Manager dated February 7, 2000. 2. The City Manager, Darlene L. Burcham, or Assistant City Manager, James D. Ritchie, is authorized to execute the required amendment to the grant in order to accept such extension on behalf of the City, and to furnish such additional information as may be required by the U. S. Department of Housing and Urban Development in connection with the Shelter Plus Care Grant 3. The amendment shall be in form approved by the City Attorney. ATTEST: City Clerk. H:\RF.~R-S helt~r PlusCn'mntAmdt .2.7.00 Roanoke City Council Regular Agenda Report February 7, 2000 CiTY '00 ~-3 a9:57 Honorable David A. Bowers, Mayor, and Members of City Council Dear Mayor and Members of Council: Subject: Amendment No. 1 to Extend the 1995-96 Shelter Plus Care Grant from the U. S. Department of Housing and Urban Development Background: The U. S. Department of Housing and Urban Development (HUD) and the City of Roanoke entered into the Shelter Plus Care (SPC) Agreement on December 7, 1995 for project number VA36C95-0134 (See Attachment "A" for documentation). Under the terms of the agreement, the City received a grant in the amount of $536,160 to be used to carry out the project over a 5-year period. The term of that grant will end December 7, 2000. Shelter Plus Care clients encountered difficulties in finding and maintaining suitable housing which have impacted grant expenditures. It is anticipated that at the end of the term of the current agreement, approximately $380,000 will remain unexpended. Considerations: The need for housing assistance for hard-to-reach homeless persons with chronic substance abuse and mental health issues continues within the City. A steering committee comprised of representatives from the partner agencies, the Housing Authority and the City was established to develop procedures and mechanisms to track in-kind match contributions, provide guidance, enhance cooperation among agencies, and ensure that necessary match documentation is provided. Guidelines for getting clients into SPC have been defined and are currently being utilized as an expedient method of ensuring that all avenues are being explored to obtain and maintain clients in the program. HUD has reviewed the project and the performance of the City and has determined that it is worthy of continuation thereby, granting an extension for an additional 5-year term. Council Report #00-703 February 7, 2000 Extension of SPC Agreement Page 2 If all grant funds are expended for eligible program activities before the end of the additional 5-year term, the City shall notify HUD in writing and request termination of this grant agreement. Recommended Actions: Authorize the City Manager to execute the Shelter Plus Care Grant Program Amendment found in Attachment "B' of this report. By authorizing this extension, impact on services in the City would be positive. At least 20 homeless, disabled and mentally ill citizens will receive permanent housing and supportive services for up to five years in order to stabilize their situations and remain self-sufficient. Cost to the City would not be an issue since no additional funds are required. In-kind match will be provided by the nine partner agencies. City Manager Attachments (2) C~ City Clerk City Attorney Director of Finance Director of Human Development #00-703 SPC EXT COUNCIL RPT NEW wpd SHELTER PLUS CARE AGREEMENT AMENDMENT This Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and The City of Roanoke (the Recipient). RECITALS 1. HUD and Recipient entered into the Shelter Plus Care Agreement dated December 7, 1995, for project number VA36C95-0134 located in Roanoke, Virginia (the Grant Agreement). 2. Under the terms of the Grant Agreement Recipient received a grant fi.om HUD in the amount of $ 536,160, to be used to carry out the project described in the Grant Agreement over a 5 - year period. The term of that Grant Agreement will end December 6, 2000. 3. Recipient has encountered difficulties in finding suitable housing for the difficult S+C population. These difficulties have impacted grant expenditures. Recipient anticipates that at the end of the term of the current Grant Agreement, approximately $380,000 will remain unexpended. 4. The need for housing assistance for hard-to-reach homeless persons with chronic problems continues within the jurisdiction within which the project is located. 5. The need for the project continues. 6. HUD has reviewed the project and the performance of the Recipient and has determined that the project is worthy of continuation. 7. I-ILrD and the Recipient desire to continue the project for an additional five year term. AGREEMENTS 1. The term of the Grant Agreement is hereby extended for up to an additional term of five (5) years. 2. If all grant funds are expended for eligible program activities before the end of the additional five-year term, Recipient shall notify HUD in writing and request termination of this Grant Agreement. HUD's notice address is: U.S. Department of Housing and Community Development, Community Planning and Development, 3600 West Broad Street, Richmond, Virginia 23230. 3. All other provisions of the Grant Agreement remain unamended. This agreement is hereby executed on behalf of the parties as follows: THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OF THE UNITED STATES OF AMERICA, by the Secretary of Housing and Urban Development BY: (Signature) (Title) (Date) RECIPIENT BY: (Name of Organization) (Signature of Authorized Official) (Title) Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 11,2000 File #60-72-304 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34674-020700 amending and reordaining certain sections of the 1999-2000 General Fund Appropriations, providing for appropriation of $28,180.00, in connection with funds received by the City from the Virginia Department of Social Services for foster care and adoption staffing. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Dadene L. Burcham, City Manager Glenn D. Radcliffe, Director, Human Development Connie Carter, Budget Coordinator, Social Services C:~4yFile~fcbT.wlxl IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of February, 2000. No. 34674-020700. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1999-2000 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriation$ Health and Welfare Social Services (1-11 ) ........................................ Hospitalization Program (12) ................................... $ 25,705,828 8,535,264 20,925 Revenue Grants-in-Aid Commonwealth $ 54,460,337 Social Services (13) ......................................... 18,879,297 1 ) Regular Employee Salades 2) City Retirement 3) ICMA Match 4) FICA 5) Medical Insurance 6) Dental Insurance 7) Disability Insurance 8) Fees for Professional Services 9) Administrative .Supplies 10) Expendable Equipment (001-054-5314-1002) (001-054-531 4-1105) (001-054-5314-1116) (001-054-531 4-1120) (001-054-531 4-1125) (001-0.54-5314-1126) (001-054-531 4-1131 ) (001-054-531 4-2010) (001-054-531 4-2030) (001-054-531 4-2035) 10,262 647 130 785 700 62 25 7,980 3,389 11) Other Equipment 12) Fees for Professional Services 13) Direct Social Services- Administration (001-054-5314-9015) (001-054-5330-2010) (001-020-1234-0685) 2,500 (5,636) 22,544 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. mECEI¥E~ CITY CL~' '? ~,~,,,~ ~ 0!:"?~'' Roanoke City Council Regular Agenda Rep°~0-- FE~ -_~ A9:57 February 7, 2000 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Foster Care and Adoption Staffing Background: The Virginia Department of Social Services (VADSS) conducted a statewide study of foster care and adoption staffing in local departments of Social Services during the summer of 1998. Based on this study, VADSS requested and received funding from the Virginia General Assembly to increase local staffing for FY99-00. Roanoke Department of Social Services submitted a Supplemental Budget Request for this additional foster care staffing as part of the budget preparation process for FY99-00. The requested amount of $177,801 was based on a preliminary estimate provided by VADSS as the city's share of the funding. This allocation amount included a 20% local match. This Supplemental Request was adopted by City Council for FY99-00 and included approval to establish one (1) Social Work Supervisor and four (4) Social Worker positions. The VADSS awarded Roanoke Department of Social Services a final allocation in the amount of $222,734. This allocation is $44,933 higher than the amount adopted by Council and includes a local match of $8,986. Considerations: For FY99-O0, $28,180 of this additional funding, including state funding of $22,544 and a required local match of $5,636, can be used to add a Senior Social Work position as well as purchase a computer system and other needed supplies for this new position. This funding would also cover the remodeling costs, computer, and telephone cabling services that Social Services has already incurred as a result of adding new staff. For FYO0-01, the full allocation of $44,933 will be used to fund the new position and related expenses for a full fiscal year. The local match is available within the current budget. The Honorable David A. Bowers, Mayor, and Members of City Council February 7, 2000 Page Two Recommended Action(s): Approve the attached budget ordinance to approve funding provided by the VADSS for foster care and adoption staffing which: · Increases the General Fund Revenue estimate by $22,544 in Direct Service revenue account number 001-020-1234-0685 · Appropriates $22,544 to Social Services cost center 001-054-5314 · Transfers $5,636 from State-Local Hospitalization cost center 001-054-5330-2010 to Social Services cost center 001-054-5314 · Allocates $28,180 in total expenditures to the following accounts in Social Services cost center 001-054-5314: 1002 Regular Employee Salaries $10,262 Senior Social Worker (Mar-Jun) 1105 City Retirement 847 " 1116 ICMA Match 130 " 1120 FICA 785 " 1125 Medical Insurance 700 " 1126 Dental Insurance 62 " 1131 Disability Insurance 25 " 2010 Fees for Professional Services 7,980 Remodeling/Computer Cable 2030 Administrative Supplies 3,389 Office Supplies for New Staff 2035 Expendable Equipment 1,500 Desk, Chair, Filing Cabinet 9015 Other Equipment 2,500 Computer, Printer, Software $28,180 C~ Respectfully submitted, City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Connie Carter, Social Services Budget Coordinator #00-704 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk February 11,2000 File ¢¢417 The Honorable James S. Gilmore, III, Governor Commonwealth of Virginia 3"d Floor, State Capital Building Richmond, Virginia 23219 Dear Governor Gilmore: I am enclosing copy of Resolution No. 34675-020700 supporting a permanent funding source for land conservation in the Commonwealth of Virginia. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. ~'~Sincerely' Mary F. Parker, CMC City Clerk MFP:Io Enclosure C:~MyFil~eb7.~pd MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk February 11,2000 File ¢t417 The Honorable John S. Edwards Senator General Assembly Building P. O. Box 396 Richmond, Virginia 23203-0396 The Honorable A. Victor Thomas, Member House of Delegates General Assembly Building P. O. Box 406 Richmond, Virginia 23218-0406 The Honorable Clifton A. Woodrum, Member House of Delegates General Assembly Building P. O. Box 406 Richmond, Virginia 23218-0406 Gentlemen: I am enclosing copy of Resolution No. 34675-020700 supporting a permanent funding source for land conservation in the Commonwealth of Virginia. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure C:XIvly File~'cbT.'wpd MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk February 11,2000 File ff-417 Kat Imhoff, Executive Director Preservation Alliance of Virginia 700 Harris Street, Suite 203 Charlottesville, Virginia 22903 Dear Ms. Imhoff: I am enclosing copy of Resolution No. 34675-020700 supporting a permanent funding source for land conservation in the Commonwealth of Virginia. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure C :",My File~\ feb7. w~l MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk February 11,2000 File ff417 John P. Woodley, Jr., Chair Virginia Land Conservation Foundation Department of Conservation and Recreation 203 Governor Street, Suite 326 Richmond, Virginia 23219-2010 Dear Mr. Woodley: I am enclosing copy of Resolution No. 34675-020700 supporting a permanent funding source for land conservation in the Commonwealth of Virginia. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure C:'~VlyFiles\feb7.wpd MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy Cily Clerk February 11, 2000 File g417 Mr. George A. Kegley 301 Tinker Creek Lane, N. E. Roanoke, Virginia 24019 Dear Mr. Kegley: I am enclosing copy of Resolution No. 34675-020700 supporting a permanent funding source for land conservation in the Commonwealth of Virginia. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc; Thomas A. Dick, Legislative Liaison, 2227 Early Settlers Road, Richmond, Virginia 23235 Michael Van Ness, Executive Director, Western Virginia Land Trust, P. O. Box 18102, Roanoke, Virginia 24014-0797 Dadene L. Burcham, City Manager James D. Grisso, Director of Finance C:~4yFilc~\fcb7 wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2000. No. 34675-020700. A RESOLUTION supporting a permanent funding source for land conservation in the Commonwealth of Virginia. WHEREAS, the Commonwealth of Virginia is rich in scenic, natural, agricultural, forest and recreational resources; WHEREAS, Virginia is rapidly losing these irreplaceable resources to competing land uses; WHEREAS, conserving these resources is critical to Virginia's economy and the health and well-being of her citizens; WHEREAS, establishing a balance between the conservation of open space and natural resource lands and residential and commercial development is essential; WHEREAS, Council desires to help protect the Commonwealth's farm and forest resource base, its open space, its natural resources, including its drinking water supply watershed and natural habitats and its historic sites; WHEREAS, Virginia currently does not have a stable and adequate source of funds to secure the long-term conservation and protection of these lands and resources; WHEREAS, the General Assembly has established the Virginia Land Conservation Foundation with authority to expend funds for the conservation of farmland, historic sites, natural areas, parks and open space; WHEREAS, the Virginia Land Conservation Foundation is empowered to provide matching funds to localities to assist in the purchase of conservation easements and other land conservation needs; and WHEREAS, the Virginia Land Conservation Foundation provides an excellent mechanism for receiving and expending funds from a dedicated funding source for land conservation; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council strongly supports the establishment of a permanent state source of funding to carry out the mission of the Virginia Land Conservation Foundation. 2. City Council hereby calls upon the Governor and the General Assembly to dedicate such a stable and adequate funding source. 3. The City Clerk is directed to send an attested copy of this resolution to the Governor, the City' s legislative representatives, the Virginia Land Conservation Foundation and the Preservation Alliance of Virginia. ATTEST: City Clerk. WILLIAM M. HACKWORTH CITY ATTORNEY CITY OF ROA~p~??,£~: OFFICE OF CITY ATI'ORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUl~W ~? ROANO~, VIRGINIA 24011-1595 ~LEPHONE: 5~853-2431 FACSIMILE: 5~-853-1221 E-MAIL: cityatty ~ ci.roanoke.va.us February 7, 2000 WILLIAM X PARSONS STEVEN J. TALEVI GARY E. TEGENKAMP ALLEN T. WILSON DAVID L. COLLINS ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Virginia Land Conservation Foundation Dear Mayor Bowers and Members of Council: During its meeting on December 20, 1999, Council referred to the Legislative Committee, the City Manager and the City Attorney a request of the Preservation Alliance of Virginia that Council adopt a resolution supporting the establishment of a dedicated funding source for the use of the Virginia Land Conservation Foundation. The Foundation is an entity created by the General Assembly to provide funding for the protection of natural areas, open spaces and parks, farmlands and forest preservation. Last year the General Assembly appropriated $1.75 million to the Foundation in support of its programs, but this funding was not from a dedicated long-term source, and the Foundation is seeking the creation of such a funding source. I have attached a proposed resolution consistent with the request of the Preservation Alliance of Virginia. I understand that many localities have adopted similar resolutions. As you may know, recently House Speaker Vance Wilkins proposed that the State appropriate $40 million over the next two years to purchase conservation easements from landowners to help protect open spaces. I have attached a copy of an article from the Roanoke Times dated January 19, 2000, describing this proposal. The attached resolution would endorse such initiatives to establish a long-term source of funding for the Foundation. The Legislative Committee and the City Manager have reviewed this report and proposed resolution, and have concurred in my forwarding it to Council for its consideration. Please let me know if you have any questions about this matter. H:\COUNClL~l-hmconserve The Honorable Mayor and Members of City Council February 7, 2000 Page 2 With kindest personal regards, I am WMH:f Sincerely yours, William M. Hackworth City Attorney Attachment CC: Darlene L. Burcham, City Manager Thomas A. Dick, Legislative Liaison Mr. George Kegley, Preservation Alliance of Virginia H:\COUNCIL~l-hmconserve POLITICS AFTERNOG~ NEWS UPOATE$ Weekday~ ~ :3 p.m Wednesday, January 19, 2000 Wilkins proposes $40 million over 2 years for plan House speaker commits to protect open space in Va. Two other GOP legislators are proposing legislation that would create a permanent funding source for the conservation easement program. By C H R I S-U ~.3__~ [~(' K (3 THE ROANOKE TIMES RICHMOND -- House Speaker \'~mce \x, ilkin> hasn't exactly cultivated a reputation as a "green" legislator, but the Amherst County Republican delighted environmental groups Tuesday when he announced his goal to protect a million acres of farmland, forests and open space by 2007. Wilkins said he will push for $40 million in state funding over the next two years to purchase conservation easements from landowners. With matching federal funds, the final amount could be $80 million. "Private organizations contribute so much to these efforts, but government has a role to play also," Wilkins said. "I hope we can make state government a more active partner in preserving Virginia's open space." Wilkins has long been known as a strict adherent to property rights and small government. The open space initiative fits well with his feelings on property rights because participation in the program is strictly voluntary. As for the increase in state spending, Wilkins said that is justified as an investment in the state's agricultural, forest products and tourism industries. The new speaker also spoke poignantly of his personal interest in preserving Virginia's rural heritage. He was born and raised in Amherst County, which he described as "one of the most beautiful areas of the state." Republicans plan to submit budget amendments for the $40 million in both the House of Delegates and the Senate this year. Sen. Maltburd "Bo" Tmmbo, R-Fincastle, will sponsor the Senate I of 3 19 00 1:26 PM version. Two other GOP legislators are proposing legislation that would create a permanent funding source for the easement program after the first two years. Sen. Emmett Hanger, R-Augusta County, wants to earmark $20 million annually from recordation tax revenue, which comes from a state levy on real estate transactions. Del. David Albo, R-Fairfax County, is offering an alternative that would use recordation tax revenue that exceeds the amount the state collected in 1996. Albo's proposal would mean the easement program would get less money if the real estate market was depressed, but it also would protect other state programs funded with recordation taxes. Recordation taxes have been used in the past to pay interest on bonds issued for widening U.S. 58 in Southside and Southwest Virginia. However, the General ~,ssembiv last year instructed the Virginia Department of Transportation to identify another funding source, so the road project should not be affected even if Hanger's bill is the one that passes. Wilkins' proposal represents a dramatic increase in Virginia's efforts to preserve open space. The Virginia Land Conservation Foundation, which will receive the bulk of the new money under Wilkins' plan, had just $1.75 million for conservation easements last year. More than $1 million of that went to Northern Virginia, where there is growing pressure to control rapid growth. But Trumbo, who is vice chairman of the committee that distributes money for the foundation, helped several Southwest Virginia projects get money as well, and those projects stand to attract even more assistance under an expanded program. The foundation awarded $50,000 -- subject to matching requirements -- toward the purchase of a 9,270-acre tract in Wythe County known as Big Survey. The Western Virginia Land Trust, a private, nonprofit group based in Roanoke, hopes to obtain $1.3 million in state dollars to buy options that would prevent timbering and other industries from acquiring the Big Survey land. The foundation also contributed toward the purchase of 72 acres in Botetourt County near McAfee Knob, a popular spot for viewing the Catawba and Roanoke valleys. Virginia already holds development rights for 450,000 acres of open space in the state, so Wilkins' goal means he intends to add 550,000 acres. He said he hopes that the expanded funding will help educate landowners about the easement program. "A lot of people would be interested in doing this if they knew about it," he said. 2of3 I 1900 1:26 PM A welc6me GOP lead in land conservation http://www.roanoke.com,'roatimes, ne~ s, stor.', 86786 html EDITOR S AI:TER~OON NEWS UPDATES Weekdays ~¥ 3 p.m. Thursday, January 20, 2000 A welcome GOP lead in land conservation The new speaker of the House has stepped up to a challenge from an environmental coalition to allocate significant dollars to protect Virginia's farmlands and open spaces. VIRGINIANS had to wait for a Republican legislator to assume leadership of the House of Delegates to undertake an ambitious conservation initiative long needed to preserve the state's farmlands and wilderness. Speaker Vance Wilkins, only one week into his new legislative post, moved quickly to define his leadership by announcing that he will seek $40 million in the next two years to pay farmers and landowners for land conservation. In an area too long neglected by the state's governors and Democratic legislators, Wilkins offered a vision of protecting a million acres by 2007, the 300th anniversary of Jamestown. The state fund, leveraged by matching federal and private funds, could generate $80 million for open-space preservation during the next two years. The money could buy a wilderness or pay for a conservation easement on a suburban farm. Western Virginia could benefit if some of the money is allocated to buy the 9,000-acre "Big Survey," a circle of mountains in Wythe County, or a scenic stretch along the New River in Giles County. Wilkins' endorsement of a bold project not traditionally associated with Republican sentiments may be surprising, but it is no gamble. Loss of farmland and forests is now an issue that crosses party lines and regional boundaries. Other Republican legislators are pushing an even more ambitious agenda, similar to that proposed by an environmental coalition, to make conservation funding permanent. One of the best aspects of Wilkins' program is its unifying of traditional opponents, real-estate interests and environmentalists, behind his conservation initiative. Because it would pay willing landowners for easements or outright purchase of land, it should also be popular with farmers. I of 2 1/20/00 11:02 AM A welcome GOP lead in land conservation http://www.roanoke.corn/roatimes/news/stoo 86786.htn~l "We can't, as a society, ask [farmers] to give up these development rights purely out of charitable intentions. That is their retirement," said Western Virginia Land Trust Executive Director Michael Van Ness. The legislature appears ready to act on its responsibility to protect Virginia's lands rather than leaving the overwhelming effort of land conservation to hard-pressed nonprofits. Legislators can justify the state funds in terms of tourism and agricultural products. Average Virginians, however, are more likely to tally the program's results in the daily pleasure of seeing islands of natural beauty preserved for future generations. Send This Story To A Friend Click here for today's headlines. Click here for the past seven day's headlines. 2 of 2 1/20/00 11:02 AM WILLIAM M. HACKWORTH CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATI'ORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-243 I FACSIMILE: 540-853-1221 E-MAIL: cityatty @ ci.roanoke.va.us January 20, 2000 WILLIA~ X ~'A~SONS O~RY 5. (~E~(igNKAMP ALLEN T. WILSON DAVID L. COLLINS ASSISTANT CITY ATTORNEYS The Honorable William White, Sr., Chair Legislative Committee 3698 Partridge Lane, N. W. Roanoke, Virginia 24017 The Honorable C. Nelson Harris, Vice-Mayor Member, Roanoke City Council 3020 Spring Road, S.W. Roanoke, Virginia 24015 The Honorable Linda F. Wyatt 2543 Roundtop Road, N. W. Roanoke, Virginia 24012 Re: Virginia Land Conservation Foundation Dear Members of the Legislative Committee: During its meeting on December 20, 1999, City Council referred to the Legislative Committee, the City Manager and the City Attorney for the preparation of a report to Council the request of the Preservation Alliance of Virginia that Council adopt a resolution supporting the establishment of a dedicated funding source for the use of the Virginia Land Conservation Foundation. I have prepared for your consideration a proposed report to Council and a proposed resolution as requested by the Alliance, and it is attached. I asked Tom Dick to do some'research into the Alliance's request, and he found that about a dozen localities so far have adopted similar resolutions. In addition, the Virginia Municipal League has in its Legislative Program a policy statement that provides "The General Assembly is urged to identify a dedicated source of long-term funding for the development and maintenance of state and local parks and recreational opportunities." This matter has received attention in the press in the last couple of days. I have attached for your information an article from yesterday' s newspaper describing the proposal of House Speaker Vance Wilkins for the state to dedicate $40 million to create a permanent funding source for the acquisition of conservation easements to protect open space. According to the article, Honorable Hair and Members Legislative Committee January 2, 2000 Page 2 most of these funds would be appropriated to the Virginia Land Conservation Foundation. I have also attached a copy of a favorable editorial from today's newspaper endorsing Speaker Wilkins' proposal. Unless there is some objection from a member of the Legislative Committee, or the City Manager, I will transmit the attached report to the City Clerk for inclusion in Council February 7 agenda. If you have any questions, comments or suggestions with regard to this matter, please let me know. With kindest personal regards, I am Sincerely yours, William M. Hackworth City Attorney WMH:f Attachment cc.' The Honorable David A. Bowers, Mayor, Ex-officio, Legislative Committee ,~I ne L. Burcham, City Manager F. Parker, City Clerk Thomas A. Dick, Legislative Liaison H:\LEGIS\l-comleg2000.4 Department of Finance City of Roanoke, Virginia February 7, 2000 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance December Financial Report This financial report covers the first six months of the 1999-00 fiscal year. The following narrative discusses revenues and expenditures to date. REVENUE General Fund revenues reflect an increase of 8.12% or $4,861,000 compared to FY99. Variances in specific categories of revenues are as follows: General Property Taxes are up 6.18% or $1,408,000. Real estate taxes have increased $1,030,000 or 4.68%. Delinquent collections of real estate taxes comprise $96,000 of this increase and have achieved 85.41% of the budgeted amount due to consistent collection efforts. In addition to the increase in real estate tax revenue, public service corporation tax revenue has increased due to a timing difference. Other Local Taxes increased 6.28% or $1,111,000. Sales tax is up $478,000 or 6.86%, reflecting the area's retail expansion and positive national sales trends. Business and occupational license tax revenue rose $75,600 as a result of increased license volume and continued compliance efforts. Prepared food and beverage and admissions taxes also increased. Permits, Fees and Licenses are up 16.35% or $61,000. Building, electrical and heating inspection fees continue to reflect increases resulting from commercial development and construction in FY00. Fines and Forfeitures decreased $59,000 or 12.02% due to a significant decline in parking ticket fines and general district court fines. Vacancies in the police department and a reorganization of the police traffic bureau, combined with the elimination of parking meters in the downtown area, have resulted in fewer summons being issued; and thus, a reduced caseload for General District Court. Although under their budgeted expectation for the year, these revenues have continued to show improvement in recent months. Revenue from Use of Money and Property is up 26.43 % or $130,000. In July of FY00, the State was billed for the amount that actual expenditures exceeded projected operating and maintenance costs for the Commonwealth Building for FY99. This resulted in a significant increase in rental income. Reimbursement received for the rental of the Municipal North Building by Social Services rose due to an increase in the monthly rental fee. The increase in rental income is partially offset by a decline in interest revenue resulting from lower average daily cash balances in the General Fund. Grants-in-Aid Commonwealth increased $2,208,000 or 14.73%. Law enforcement funding through House Bill 599 increased $1,130,000. The Commonwealth agreed to adjust funding, as part of the 1999 Virginia General Assembly, to reflect the original provision of the bill, resulting in a significant increase in funding expected in FY00. Jail block grant, juvenile detention home and VJCCCA revenues also increased due to timing differences. Honorable Mayor and Members Roanoke City Council February 7, 2000 Page 2 Grants-in-Aid Federal Government has decreased $8,600 or 50% as a result of a timing difference in the receipt of FEMA revenue. Miscellaneous Revenue rose 22.97% or $21,000 due to an increase in proceeds from the sale of surplus property. EXPENDITURES AND ENCUMBRANCES General fund expenditures and encumbrances have decreased .26% or $239,000 since FY99. Variances in individual expenditure categories are discussed as follows: Parks, Recreation and Cultural expenditures are up $170,000 or 7.31% due to increased expenditures and a decline in reimbursements received by the Recreation department. Library expenditures increased due to the purchase of computer equipment. Community Development expenditures increased 31.03% or $430,000. Economic Development expenditures increased due to fees paid for an 1-73 economic impact study. Memberships and Affiliations expenditures are also up. Contributions paid to Roanoke Valley Convention and Visitors Bureau, Virginia Amateur Sports, Center in the Square and New River Valley Commerce Park increased from the prior year. A timing difference in the quarterly payment to the Hotel Roanoke Conference Center Commission also contributed to this increase. The second quarterly payment was made in October of FY00 but was not paid until January of FY99. Transfer to Debt Service Fund decreased 7.74% or $619,000. Lower principal and interest payments for the 1994 and 1997 bonds were made in August of FY00 than in August of FY99. A timing difference in the transfer of funding for future debt payments also contributed to this decrease. These decreases are partially offset by the transfer of funding in FY00 for the debt service on the capital lease for the new regional radio system project. Nondepartmental expenditures declined 13.24% or $768,000. The amount of the operating subsidy provided for the Transportation Fund decreased $448,000 from FY99. Transfers to the Capital Projects fund also decreased. During FY99, funding was appropriated and transferred for the regional radio project. In the current fiscal year, most of the funding dedicated to this project was transferred to the Debt Service Fund to pay the capital lease for the project. Only the maintenance portion of the project was transferred to the Capital Projects Fund. I would be pleased to answer questions which City Council may have regarding the monthly financial statements. JDG/THT Attachments Balance July 1, 1999 Ordinance Number Date CMT 251 07/02/99 34402 07/19/99 34446 08/16/99 CMT 295 09/15/99 34497 10/04/99 CMT 299 10/05/99 CMT 309 11/23/99 CMT 312 11/28/99 CMT 699 12/13/99 CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE DECEMBER 31, 1999 Department Cultural Services Committee Supply Management Transfer to Grant Fund Emergency Services Memberships and Affiliations City Council Transfer to Grant Fund City Council City Manager Balance December 31, 1999 Purpose Funding for Sister Cities Program Fee Proration Governmental Electric Rate Negotiations Local Match for Office on Youth Installations of Amateur Radio Antennas for Y2K Preparation Funding for Virginia's First Regional Industrial Facilities Authority Reimbursement of Interviewee Travel Expenses Transfer to Grant Fund for Regional Drug Prosecutor Reimbursement of Interviewee Travel Expenses Reimbursement of Travel Expenses Prior to Employment Date ~20,2~ (2,500) (33,675) (6,293) (2,500) (27,500) (5,000) (12,560) (2,000) !2,~00_0) $326,2'16 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Miscellaneous Revenue Internal Services Total Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July 1 - Dec 31 July 1 - Dec 31 Percentage Revenue Estimate . 1998-_99 1999-00 of Change Estimates Received $22,782,902 $24,191,156 6.18 % $59,963,226 40.34% 17,678,799 18,789,440 6.28 % 53,562,405 35.08% 371,744 432,524 16.35 % 703,500 61.48% 494,305 434,912 (12.02) % 947,500 45.90% 490,756 620,469 26.43 % 1,047,040 59.26% 14,982,467 17,190,033 14.73 % 54,437~793 31.58% 17,130 8,565 (50.00) % 34,260 25.00% 1,813,708 1,751,248 (3.44) % 3,330,300 52.59% 93,270 114,692 22~97 % 267,500 42.88% 1,156,850 1,210,337 4.62 % 2,155,400 56.15% $59,881,931 $64,743,376 8.12 % $176,448,924 36.69% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Expenditures General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Total Year to Date for the Period July 1 - Dec 31 1998-99 $5,377,439 2,204,620 21,396,367 12,749,428 11,101,938 2,319,150 1,386,133 7,987,925 20,923,514 5,796,632 $91,243,146 Current Fiscal Year Percent of July 1 - Dec 31 Percentage Unencumbered Revised Budget 1999-00 of Change Balance Appropriations Obligated $5,360,226 (0.32) % $6,085,640 $11,445,866 46.83% 2,297,382 4.21 % 2,314,180 4,611,562 49.82% 21,307,397 (0.42) % 23,224,219 44,531,616 47.85% 12,705,997 (0.34) % 9,948,730 22,654,727 56.09% 11,150,378 0.44 % 14,529,306 25,679,684 43.42% 2,488,773 7.31% 2,063,764 4,552,537 54.67% 1,816,312 31.03 % 1,482,987 3,299,299 55.05% 7,369,394 (7.74) % 4,740,457 12,109,851 60.85% 21,479,607 2.66 % 21,645,819 43,125,426 49.81% 5,028,877 (13.24) % 1,803,455 6,832,332 73.60% $91,004,343 . (0.26) % $87,838,557 $178,842,900 50.89% 2 CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total Year to Date for the Period July 1 - Dec 31 July 1 - Dec 31 Percentage 1998-99 1999-00 of Change $3,258,194 $3,672,812 17,445,294 17,693,539 986,448 757,281 1,350,739 1,163,472 20,923,514 21,479,607 4,398,594 4,185,210 $48,362,783 ..$48,951 ~921 Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received 12.73 % $8,638,640 42.52% 1.42 % 39,280,160 45.04% (23.23) % 2,915,599 25.97% (13.86) % 3,216,301 36.17% 2.66 % 43,125,426 49.81% (4.85) % 6,686,525 NA 1.22 % $103,862,651 47.13% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Expenditures Instruction General Support Transportation Operation and Maintenance of Plant Food Services Facilities Other Uses of Funds Special Purpose Grants Total Year to Date for the Period July I - Dec 31 July 1 - Dec 31 1998-99 1999-00 $30,589,083 $32,603,296 1,640,063 1,671,085 1,351,734 1,716,146 Current Fiscal Year Percent of Percentage of Change 6.58 % 1.89 % 26.96 % Unencumbered Revised Budget Balance Appropriations Obligated $38,692,196 $71,295,492 45.73% 1,951,151 3,622,236 46.13% 1,918,755 3,634,901 47.21% 4,196,775 4,533,265 1,722,143 1,954,805 1,301,223 1,980,866 3,584,292 4,124,193 5,626,733 6,686,525 $50,012,046 $55,270,181 8.02 13.51 52.23 15.06 18.83 10.51 % 5,392,146 9,925,411 45.67% % 2,334,378 4,289,183 45.58% % 374,806 2,355,672 84.09% % 619,828 4,744,021 86.93% % 6,686,525 NA % $51,283,260 $106,553,441 51.87% 3 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF DECEMBER 31, 1999 General Government Public Safety Community Development Recreation Streets and Bridges Sanitation Projects Traffic Engineering Other Infrastructure Projects Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance $30,905,859 $21,082,778 $9,823,081 $775,487 2,011,078 1,077,064 934,014 21,775 1,847,100 526,781 1,320,319 518,194 3,941,992 2,205,784 1,736,208 793,812 20,367,758 13,244,446 7,123,312 5,340,818 768,295 317,495 450,800 11,830 2,569,078 2,045,666 523,412 181,125 21,093,696 13,594,481 7,499,215 390,646 21,486,991 21,486,991 $104,991,847 $54,094,495 $50,897,352 $8,033,687 $9,047,594 912 239 802 125 942 396 1,782 494 438 970 342 287 7,108 569 21,486 991 $42,863,665 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF DECEMBER 31, 1999 Education Capital Improvement Reserve Total Budget $29,297,318 4,107,721 $33,405,039 Expenditures Unexpended Outstanding Unobligated To Date Balance Encumbrances Balance $19,461,137 $9,836,181 $5,072,376 $4,763,805 4,107,721 4,107,721 $19,461,137 $13,943,902 $5,072,376 $8,871,526 4 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND COMPARATIVE STATEMENT OF REVENUES FOR THE 6 MONTHS ENDING DECEMBER 31, 1999 Interest Revenue: Interest on Bond Proceeds Interest on Idle Working Capital Total Interest Revenue Multi Year Revenues: Intergovernmental Revenue: Federal Government: Garden City Commonwealth: Garden City Virginia Transportation Museum - ISTEA Second Street Entrance - Coca Cola Total Intergovernmental Revenue Revenue from Third Parties: First Union Penalty Payment Norfolk Southern - Hunter Viaduct InSystems Incorporated - Land Sale Total Revenue from Third Parties Other Revenue: Transfers from General Fund General Obligation Bond Proceeds - Sedes 1999 Total Other Revenue Total $673,949 471,724 1,145,673 196,046 196,046 8,400 950,000 11,000 969,400 1,943,322 27,038,000 28,981,322 $31,292,441 FY 1999 $626,423 342,862 969,285 18,822 3,141 109,150 131,113 6,000 6,000 3,150,885 3,150,885 $4,257,283 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 6 MONTHS ENDING DECEMBER 31, 1999 FY 2000 FY 1999 Operating Revenues Commercial Sales Domestic Sales Industrial Sales Town of Vinton City of Salem County of Roanoke County of Botetourt County of Bedford Customer Services Charges for Services $1,621,831 1,573,235 119,170 12,380 6,986 828,882 98,889 4,403 340,241 1,408,670 $1,623,979 1,543,126 123371 11 423 13 888 897 695 43 084 2 108 196 175 1,656 401 Total Operating Revenues 6,014,687 6,111,250 Operating Expenses Personal Services Operating Expenses Depreciation 2,057,124 2,829,241 846,335 1,915,409 2,001,398 777,250 Total Operating Expenses 5,732,700 281,987 4,694,057 1,417,193 Operating Income Nonoperating Revenues (Expenses) Transfer from General Fund Interest on Investments Rent Miscellaneous Revenue Sale of Land Loss on Disposal of Fixed Assets Interest and Fiscal Charges 25,000 185,060 33,928 14,389 (609,490) (351,113) 194,251 24,144 15,733 325,000 (569) (665,263) Net Nonoperating Expenses (106,704) $1,31 0,489 Net Income (Loss) ($69,126) Effective July 1, 1999, the Utility Line Services Fund was combined with the Water Fund. Prior year balances have been restated to enhance comparability. CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 6 MONTHS ENDING DECEMBER 31, 1999 Operating Revenues Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Miscellaneous Revenue Loss on Disposal of Fixed Assets Total Nonoperating Revenues Net Income FY 2000 $3,785,289 433,465 66,600 357,978 65,006 86,506 47,277 4,842,121 930,120 2,654,737 579,936 4,164,793 677,328 219,506 10,296 229,802 $907,130 FY 1999 $3,814,994 416,165 61,978 264,275 52,341 63,452 59,004 4,732,209 870,053 2,892,066 489,862 4,251,981 480,228 348,728 11,781 (4,382) 356,127 $836,355 7 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 6 MONTHS ENDING DECEMBER 31, 1999 Operating Revenues Rentals Event Expenses Admissions Tax Parking Fees Commissions Novelty Fees Charge Card Fees Other Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues (Expenses) Transfer from General Fund Interest on Investments Miscellaneous Loss on Disposal of Fixed Assets Total Nonoperating Revenues Net Income FY 2000 $133 378 55 283 78 699 84 475 194 565 18 341 9 032 8 101 581,874 629,324 608,324 202,981 1,440,629 (858,755) 870,903 26,941 756 898,600 $39,845 FY 1999 $219,912 63,765 44,515 70,478 83,900 24,295 4,458 11,324 522,647 548,385 603,337 199,535 1,351,257 (828,610) 858,771 34,512 1,079 (25,372) 868,990 $40,380 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 6 MONTHS ENDING DECEMBER 31, 1999 Operating Revenues Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenues Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Interest and Fiscal Charges Transfer from General Fund Operating Subsidy for GRTC Miscellaneous Net Nonoperating Revenues Net Income FY 2000 $165,752 182,055 98,614 201,063 177,072 35,044 859,600 303,922 272,182 576,104 283,496 2,947 (271,477) 766,358 (415,044) 1,102 83,886 $367,382 FY 1999 $148,791 205,268 91,512 204,716 136,911 29,855 817,053 314,759 272,331 587,090 229,963 1,962 (283,831) 1,214,506 (514,130) 2,342 420,849 $650,812 9 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 6 MONTHS ENDING DECEMBER 31, 1999 Operating Revenues Conference Center Total Operating Revenues Operating Expenses Commission Conference Center Total Operating Expenses Net Operating Income (Loss) Nonoperating Revenues (Expenses) Contributions from City of Roanoke Contributions from Virginia Tech Interest on Investments Rent, Taxes, Insurance, and Other Net Nonoperating Revenues (Expenses) Net Income (Loss) Before Depreciation Depreciation Expense/Replacement Reserve Net Income (Loss) Notes to Financial Statement: {1) (2) FY 2000 COMMISSION (1) CONFERENCE CENTER (2) $ - $ 1,413,126 $ TOTAL 1,413,126 1,413,126 1,413,126 310,024 310,024 - 1,190,723 1,190,723 310,024 1,190,723 1,500,747 (310,024) 222,403 (87,621) 87,500 87,500 87,500 87,500 26,437 26,437 (12,310) (12,310) 201,437 (12,310) 189,127 (108,587) 210,093 101,506 246,073 70,658 316,731 ($354,660) $139,435 ($215,225) The column entitled "Commission" represents Commission activity in the City's financial records. FY 1999 $ 1,398,777 1,398,777 124,858 1,252,983 1,377,841 20,936 87,500 87,500 23,149 (10,592) 187,557 208,493 260,470 ($51,977) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree Management. 10 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 6 MONTHS ENDING DECEMBER 31, 1999 Operating Revenues Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income (Loss) Nonoperafing Revenues(Expenses) Interest Revenue Transfer From Other Funds Loss on Disposal of Fixed Assets Net Nonoperating Revenues (Expenses) Net Income (Loss) TOTALS city Information Materials Management Fleet Risk Systems Control Services Management Management FY 2000 FY 1999 $1,750,519 $97,714 $60,257 $2,114,390 $2,686,337 $6,709,217 $7,913,987 1,750,519 97,714 60,267 2,114,390 2,686,337 6,709,217 7,913,987 850,439 52,941 13,475 583,357 98,946 1,599,158 1,593,939 433,758 7,957 10,183 437,225 3.473,065 4,362,188 5.081,242 267,095 922 10,097 868,848 - 1,146.962 1.112,469 1,551,292 61,820 33,755 1,889,430 3,572,011 7,108,308 7,787,650 199,227 35,894 26,502 224,960 (885,674) (399,091) 126,337 105,897 (1,155) 5,876 39,179 268,425 418,222 364,405 220,829 - 125,900 250,000 596,729 559,782 - - (59,438) 326,726 (1,155) 5,876 165,079 518,425 1,014,951 864,749 $525,953 $34,739 $32,378 $390,039 ($367,249) $615,860 $991,086 Effective July 1, 1999, the Utility Line Services Fund was combined with the Water Fund. Prior year balances have been restated to enhance comparability. CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED DECEMBER 31, 1999 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED DECEMBER 31, 1999. BA-L~CE AT ............. ~A-LANCE AT BALANCE AT FUND NOV 30, 1999 RECEIPTS DISBURSEMENTS DEC 31, 1999 DEC 31, 1998 GENERAL WATER SEWAGE CIVIC CENTER TRANSPORTATION CAPITAL PROJECTS CONFERENCE CENTER JUVENILE DETENTION DEBT SERVICE CITY INFORMATION SYSTEMS MATERIALS CONTROL MANAGEMENT SERVICES FLEET MANAGEMENT PAYROLL RISK MANAGEMENT HIGHER EDUCATION AUTH PENSION SCHOOL FUND SCHOOL CAPITAL PROJECTS FDETC GRANT TOTAL $102,343.57 $10,668,520.15 $13,502,859.21 ($2,731,995.49) ($9,234,547.01), 6,708,778.40 1,189,633.46 765,324.96 7,133,086.90 8,359,747.73 8,227,281.53 2,686,303.83 2,705,724.44 8,207,860.92 12,733,629.42 795,596.47 149,025.29 363,388.28 581,233.48 1,650,362.35 (77,948.39) 129,281.59 287,421.34 (236,088.14) 748,747.63 61,017,358.78 646,319.47 9,298,110.19 52,365,568.06 33,659,135.16 1,218,709.76 4,705.11 116,738.05 1,106,676.82 957,406.66 7,489,703.89 37,374.89 677,841.04 6,849,237.74 4,192,799.39 11,654,523.64 948,564.75 74,637.13 12,528,451.26 10,908,764.48 3,667,451.16 139,900.67 313,301.31 3,494,050.52 4,133,234.80 (9,070.48) 108,879.38 133,043.96 (33,235.06) (39,235.22), 244,813.35 8,007.69 1,876.28 250,944.76 244,552.45 1,478,031.97 153,706.78 101,914.52 1,529,824.23 1,352,445.47 (10,010,830.88) 13,255,072.03 15,857,369.34 (12,613,128.19) (11,985,732.38) 10,700,168.89 415,707.08 482,316.65 10,633,559.32 10,274,302.70 43.89 0.00 0.00 43.89 5,484,651.51 1,559,232.52 594,846.89 1,126,365.68 1,027,713.73 2,123,790.54 10,348,552.58 4,954,342.91 6,257,253.76 9,045,641.73 11,299,212.56 1,223,929.84 3,589,897.00 384,678.92 4,429,147.92 (2,766,310.05), 82,183.97 82,451.23 90,117.42 74,517.78 136,138.60 1,333,093.90 796,312.73 731,665.81 1,397,740.82 .... 1,49_8,748.26 ! $117,753,948.36 $40,558,852.93 $53,271,948.29~ $105,040,853.00 $85,731,845.05~ CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED DECEMBER 31, 1999. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: OVERNIGHT INVESTMENT COMMERCIAL PAPER COMMERCIAL HIGH PERFORMANCE MONEY MARKET FEDERAL AGENCY BONDS LOCAL GOVERNMENT INVESTMENT POOL REPURCHASE AGREEMENTS STATE NON-ARBITRAGE PROGRAM (U.S. SECURITIES, COMMERCIAL PAPER) VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL $2,478.62 669,971.33 5,164,000.00 8,957,258.33 5,000,000.00 9,984,300.00 21,890,428.44 5,000,000.00 7,030,654.49 41,341,761.79 $105,040,853.00 DATE: JANUARY 12, 2000 12 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 6 MONTHS ENDING DECEMBER 31, 1999 Revenue Contributions Investment Income Gain on Sale of Investments Bond Discount Amortization To~lRevenue FY 2000 $2,352,418 4,333,849 31,798,077 17,858 $38,502,202 FY 1999 $2,666,262 4,555,603 4,811,159 12,470 $12,045,494 Pension Payments Fees for Professional Services Bond Premium Amortization Administrative Expense City Supplement to Age 65 To~lExpenses Net Income $5,666,943 293,236 77,932 216,546 94,128 6,348,785 $32,153,417 $4,642,995 248,737 106,677 230,516 8,427 5,237,352 $6,808,142 13 CITY OF ROANOKE PENSION PLAN BALANCE SHEET DECEMBER 31, 1999 Assets Cash Investments: (market value: Due from Other Funds Other Assets Total Assets FY 2000 $356,512,393 FY 1999 $325,816,728) Liabilities and Fund Balance Liabilities: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Income - Year to Date Total Fund Balance Total Liabilities and Fund Balance FY 2000 $1,027,043 272,886,244 17,490 18,000 $273,948,777 $1,181,566 1,181,566 240,613,794 32,153,417 272,767,211 $273,948,777 FY 1999 $2,123,791 232,539,469 1,908 18,000 $234,683,168 $982,591 2,400 984,991 226,890,035 6,808,142 233,698,177 $234,683,168 14 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 11, 2000 File #53-60-337 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34676-020700 amending and reordaining certain sections of the 1999-2000 Capital Projects Fund Appropriations, providing for appropriation of $1.6 million, representing the sale of Series 1999 General Obligation Bonds for the Jefferson Center Performance Hall renovation project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Dadene L. Burcham, City Manager Deborah J. Moses, Assistant to the City Manager for Special Projects C:'u'Viy Files\ feb 7. wlxt IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of February, 2000. No. 34676-020700. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1999-2000 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development $ 3,447,100 Jefferson Center Performance Hall (1) ........................... 2,800,000 Capital Improvement Reserve $ 19,886,991 Public Improvement Bond Series 1999 (2) ........................ 16,390,328 1 ) Appropriated from Bond Funds (008-052-9731-9001) $ 1,600,000 2) Buildings (008-052-9709-9180) (1,600,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. JAMES D. GRISSO Director of Finance February 7, 2000 CITY OF ROANOK DEPARTMENT OF FINANC~ 215 Church Avenue, S.W., Room 461 -- P. O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 FEB-3 P2:22 JESSE A. HALL Deputy Director The Honorable David A. Bowers, Mayor The Honorable C. Nelson Harris, Vice-Mayor The Honorable W. Alvin Hudson, Jr., Council Member The Honorable Carroll E. Swain, Council Member The Honorable James O. Trout, Council Member The Honorable William White, Sr., Council Member The Honorable Linda F. Wyatt, Council Member Dear Mayor Bowers and Members of City Council: At its November 16, 1998 meeting, City Council authorized the City Manager to execute an amendment to the contract with the Jefferson Center Foundation to adopt the renovation project for the Jefferson Center Performance Hall. This project required City funding totaling $2,800,000 which is comprised of $400,000 of undesignated capital funds (interest earnings), $800,000 of Series 1994 General Obligation Bond funds, and $1.6 million of Series 1999 General Obligation Bond funds. Ordinance 34084-111698 was adopted at that meeting, appropriating the interest earnings and the funding from 1994 bonds. At that time, the Series 1999 bonds had not been sold, so related funding was not yet available. The $1.6 million in funding from the sale of Series 1999 General Obligation Bonds is now available and needs to be appropriated. We recommend City Council's approval of the attached budget ordinance to transfer $1.6 million from the Series 1999 General Obligation Bonds Account-Buildings to the Jefferson Center Performance Hall (008-052-9731-9001). We would be pleased to answer questions which City Council may have. Sincerely, Director of Finance JDG/AHA/pac Attachment Honorable Mayor and Members of City Council February 7, 2000 Page 2 C~ Darlene L. Burcham, City Manger William M. Hackworth, City Attorney Deborah H. Moses, Assistant to the City Manager for Special Projects Mary F. Parker, City Clerk Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 11,2000 File #60-178-236 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34677-020700 amending and reordaining certain sections of the 1999-2000 Grant Fund Appropriations, providing for appropriation of $374,958.00 in unanticipated Community Development Block Grant program income to be used for eligible community development purposes. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Dadene L. Burcham, City Manager Diane S. Akers, Budget Administrator, Office of Management and Budget Frank E. Baratta, Grants Monitor, Office of Grants Compliance C:',MyFil~\feb7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of February, 2000. No. 34677-020700. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1999-2000 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Public Safety COPS Grant (1) ............................................. Community Development Block Grant FY99 CDBG Unprogrammed - FY99 (2) ............................... Community Development Block Grant FY00 CDBG Unprogrammed - FY00 (3-5) .............................. HOME Program HOME Unprogrammed - FY00 (6) ............................... Revenue Public Safety COPS Grant (7) ............................................. Community Development Federal Block Grant FY99 (8) .................................. Federal Block Grant FY00 (9-13) ............................... HOME Program (14-15) ....................................... $ 1,813,710 111,429 $ 3,197,520 317,139 $ 3,277,978 478,750 $ 3,940,523 166,876 $ 1,813,710 111,429 $13,829,137 3,197, 52O 3,277,978 3,940,523 1) Administrative Supplies (035-050-3317-2030) $ ( 396) 2) Unprogrammed CDBG - Other (035-099-9940-5189) 2,072 3) Unprogrammed CDBG - Section 108 Loan (035-G00-0040-5188) 288,995 4) Unprogrammed CDBG - Other (035-G00-0040-5189) 18 5) Unprogrammed CDBG - RRHA (035-G00-0040-5197) 83,873 6) Unprogrammed HOME Funds (035-090-5322-5320) 26,864 7) State Grant Receipts (035-050-3317-3317) ( 396) 8) Williamson Road Garage (035-035-1234-9907) 2,072 9) Parking Lot Income (035-035-1234-0002) 15,552 10) TAP - SRO Loan Repayment (035-035-1234-0020) 18 11 ) Hotel Roanoke Section 108 Repayment (035-035-1234-0034) 288,995 12) Rental Rehab Repayment (035-035-1234-0040) 15,582 13) Land Sale (035-035-1234-0042) 52,739 14) HOME - Program Income from RRHA (035-035-1234-7220) 2,038 15) HOME - First Union Loan Repayments (035-035-1234-7235) 24,826 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A'I-rEST: City Clerk. JAMES D. GRISSO Director of Finance February 7, 2000 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P. O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 '00 FEB-3 A9:43 JESSE A. HALL Deputy Director The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable David A. Bowers, Mayor C. Nelson Harris, Vice-Mayor W. Alvin Hudson, Jr., Council Member Carroll E. Swain, Council Member James O. Trout, Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member Dear Mayor Bowers and Members of City Council: CDBG Program Income from Roanoke Redevelopment and Housing Authority 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 through the sale of land and the receipt of loan repayments from project area residents. The Housing Authority is required to transfer this program income to the City of Roanoke. The City is required to use the income for eligible community development activities. The Housing Authority has made payments to the City in the amount of $83,873 from October 1, 1999 to December 31, 1999 in excess of income estimates previously appropriated. Of this amount, $52,739 resulted from the sale of property, $15,552 in parking lot rental, and $15,582 from various loan repayments. CDBG Miscellaneous Program Income The City has received miscellaneous program income as listed below. The amounts represent the difference between what was actually received and the amount that was previously appropriated based on repayment estimates. $288,995 from Hotel Roanoke, L.L.C. for loan repayment and interest on the $6,000,000 Section 108 loan from U. S. Department of Housing and Urban Development. During FY00, Hotel Roanoke, L.L.C. made payment totaling $688,995, of which $538,000 was principal and $150,995 was interest. $2,072 from Williamson Road Parking Garage which was constructed in part using CDBG funds and $18 in loan repayments. Honorable Mayor and Members of City Council February 7, 2000 Page 2 We recommend that City Council appropriate the total $374,958 in unanticipated CDBG program income as follows: Unprogrammed CDBG - Other Unprogrammed CDBG- Section 108 Unprogrammed CDBG- Other Unprogrammed CDBG - RRHA (035-099-9940-5189) (035-G00-0040-5188) (035-G00-0040-5189) (035-G00-0040-5197) 2,072 288,995 18 83,873 The amounts being appropriated to unprogrammed accounts will be available for future appropriation for eligible community development purposes. HOME Program Income 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 low- or no-interest active and deferred loans to eligible homeowners and homebuyers. Loan repayments constitute program income to the City's HOME program. As of December 31, 1999, loan repayments received in excess of budget estimate equal $26,864. We recommend that City Council appropriate this amount to the Unprogrammed HOME account (035- 090-5322-5320). This will be available for future appropriation for eligible HOME activities. Community Oriented Policing Services Grant The City of Roanoke was recently awarded a grant of $111,429 from the Office of Community Oriented Policing Services. The proposed budget was slightly higher than the actual amount awarded. We recommend that the revenue and expenditure budget for this grant be reduced by $396 to agree with the actual award amount. We recommend Council's approval of the attached budget ordinance to adjust these revenue and expenditure estimates. We would be pleased to answer questions which City Council may have. JDG/THT/pac Attachment c: Darlene Burcham, City Manager William Hackworth, City Attorney Diane Akers, Budget Administrator Frank Baratta, Grants Compliance Mary F. Parker, City Clerk Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 11,2000 File #60-247 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34678-020700 amending and reordaining certain sections of the 1999-2000 Hotel Roanoke Conference Center Commission Fund Appropriations, providing for appropriation of $600,000.00, representing additional operating funds to finance costs related to remediation of certain construction defects at the Hotel Roanoke Conference Center. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Dadene L. Burcham, City Manager Deborah J. Moses, Assistant to the City Manager for Special Projects C:~[yFil~\fcb7. wlxt IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of February, 2000. No. 34678-020700. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Hotel Roanoke Conference Center Commission Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1999-2000 Hotel Roanoke Conference Center Commission Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Operating $ Fees for Professional Services (1) ............................... Retained Eaming$ Restricted Retained Eamings- Owner's Reserve (2) ................. $ 1 ) Fees for Professional Services 2) Restricted Retained Earnings - Owner's Reserve (010-002-9500-2010) $ 600,000 (010-3345) (600,000) 953,468 880,1 O0 588,442 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. JAMES D. GRISSO Director of Finance February 7, 2000 CITY OF ROANOKE¥ DEPARTMENT OF FINANCE 215 Chum ^venue, S.W., Room 48 00 J ,N 27 / 11:21 R O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director The Honorable David A. Bowers, Mayor The Honorable C. Nelson Harris, Vice-Mayor The Honorable W. Alvin Hudson, Jr., Council Member The Honorable Carroll E. Swain, Council Member The Honorable James O. Trout, Council Member The Honorable William White, Sr., Council Member The Honorable Linda F. Wyatt, Council Member Dear Mayor Bowers and Members of City Council: The Hotel Roanoke Conference Center Commission needs additional operating funds to finance building repairs, consultant's fees, litigation expenses and other extraordinary costs, all of which are related to the remediation of certain construction defects at the Conference Center. The Commission approved the use of its prior years' retained earnings for this purpose. An appropriation of $600,000 from the Commission's retained earnings is being requested. Funds are available in the Hotel Roanoke Conference Center Commission prior years' retained earnings. We recommend your approval of the attached ordinance to appropriate prior years' retained earnings to provide additional operating funds for the purposes listed above. We would be pleased to answer questions Council may have. Sincerely, ~mes D. Grisso Director of Finance JDG:s Attachment C: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Deborah H. Moses, Assistant to the City Manager for Special Projects MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk February 7, 2000 File ~t67 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: 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, this is to advise you that the three year terms of office of F. B. Webster Day, Marsha W. Ellison and Sherman P. Lea will expire on June 30, 2000. Pursuant to Section 9-16 of The Code of the City of Roanoke (1979), as amended, on or before February 15 of each year, Council shall announce its intention to elect trustees of the Roanoke City School Board for terms commencing July 1 through (1) public announcement of such intention at two consecutive regular sessions of the Council and (2) advertisement of such intention in a newspaper of general circulation in the City twice a week for two consecutive weeks. Section 9-17 of the City Code provides that applications must be filed in the City Clerk's Office by March 10 of each year. Application forms will be available in the City Clerk's Office and may be obtained between the hours of 8:00 a.m., and 5:00 p.m., Monday through Friday. Information describing the duties and responsibilities of School Board Trustees will also be available. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io N: \CIO...O 1 '~..~:hool.O0. wpd Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 11,2000 File #60-67-336-398 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34679-020700 amending and reordaining certain sections of the 1999-2000 Capital Projects Fund Appropriations, providing for the transfer of $118,957.00, in connection with a contract with Building Specialists, Inc., for construction of a Visitor Center and Picnic Shelter at Mill Mountain Park, in the total amount of $530,957.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Dadene L. Burcham, City Manager Terry W. Kemp, Project Manager, Engineering Chades M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician, Engineering C:'~yFiles~eb7.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of February, 2000. No. 34679-020700. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1999-2000 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Recreation $ 4,060,949 Mill Mountain Improvements (1) ................................. 618,957 Capital Improvement Reserve $ 21,367,991 Public Improvement Bond Series 1999 (2) ......................... 17,871,328 1 ) Appropriated from Bond Funds (008-052-9711-9001) $ 118,957 2) Parks (008-052-9709-9180) (118,957) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 ~Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk February 14, 2000 File #60-67-336-398 Daniel H. Fendley, Vice-President Building Specialists, Inc. P. O. Box 1174 Roanoke, Virginia 24006 Dear Mr. Fendley: I am enclosing copy of Ordinance No. 34680-020700 accepting the bid of Building Specialists, Inc., in the amount of $530,957.00, for construction of a Visitor Center and Picnic Shelter to include add alternates 1, 2, 3 and 5, upon certain terms and conditions; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: Dadene L. Burcham, City Manager James D. Grisso, Director of Finance Charles M. Huffine, City Engineer Terry W. Kemp, Project Manager, Engineering Ellen S. Evans, Construction Cost Technician, Engineering C:'~VIy Files\fcb7.wpd MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk February 14, 2000 File #60-67-336-398 Stanley G. Breakell, President Breakell, Inc. P. O. Box 6414 Roanoke, Virginia 24017-0414 T. Keith Crabtree, President Pro Industrial Welding, Inc. 732 Ridge Road Saltville, Virginia 24370 Gene D. Lucas, President U. S. Construction of Roanoke, Inc. 8201 Williamson Road, N. W., Suite C Roanoke, Virginia 24019 John R. Jones, Vice-President R. L. Lucas Construction, Inc. P. O. Box 13877 Roanoke, Virginia 24038-3887 J. W. Christenbury, Jr., President Acorn Construction, Ltd. P. O. Box 625 Roanoke, Virginia 24175 Gentlemen: I am enclosing copy of Ordinance No. 34680-020700 accepting the bid of Building Specialists, Inc., in the amount of $530,957.00, for construction of a Visitor Center and Picnic Shelter to include add alternates 1, 2, 3 and 5, upon certain terms and conditions; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure C:'uMyFile~'ffeb7 xvpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2000. No. 34680-020700. AN ORDINANCE accepting the bid of Building Specialists, Inc., for the construction of the Visitor Center and Picnic Shelter to include add alternates 1, 2, 3 & 5, 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. WHEREAS, the lowest responsive and responsible bid for the above work exceeded available funds; and WHEREAS, pursuant to the bid documents, several cost reductions were negotiated with the low bidder and a negotiated bid in the total amount of $530,957 was agreed to by Building Specialists, Inc., for the revised plans and specifications. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The negotiated bid of Building Specialists, Inc, in the total amount of $530,957, for the construction of the Visitor Center and Picnic Shelter to include add alternates 1, 2, 3 & 5, as is more particularly set forth inthe City Manager's report dated February 7, 2000, to this Council, such bid being in full compliance with the City's revised plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's revised specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report February 7, 2000 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council Subject: Mill Mountain Park Improvements Background: This project consists of the construction of a new Visitor Center and Picnic Shelter in Mill Mountain Park. Based upon Ordinance No. 33904-070698, dated July 6, 1998, $500,000 was appropriated from 1998-99 Capital Projects Bond Funds into Capital Projects account number 008-052-9711-9001 entitled "Mill Mountain Improvements". Based upon Council Report No. 99-157 and the Bid Committee's recommendation to City Council, the original bids, received on July 28, 1999, were rejected. The Office of the City Engineer instructed the Project Consultant to make design modifications to attempt to bring the project cost within the budget. Upon completion of these modifications, the project was re-advertised. Following proper re-advertisement, bids were received on Tuesday, October 12, 1999. Six bids were received with Building Specialists, Inc., 2721 Brambleton Avenue, S.W., Roanoke, Virginia 24018, submitting the Iow bid in the amount of $657,900 to be completed in 300 consecutive calendar days. This bid includes a base bid for the Visitor Center, a base bid for the Picnic Shelter, add alternates 1, 2, 3 & 5, and a 300 calendar day time of completion from Notice to Proceed. The bid tabulation sheet is attached as Exhibit A. This bid complied with all bid requirements, except the amount exceeded the amount of available funds, thus permitting negotiations for a reduction in scope and cost of the contract. The Iow bidder, Building Specialists, Inc., agreed to extend their bid an additional 60 days, through February 12, 2000, to allow the City of Roanoke to pursue additional funding and design modifications to reduce construction costs. Considerations: The lowest responsive and responsible bid exceeded available funds by $246,000 based upon the two base bids, four of the six add alternates and 5% project contingency. Therefore, in accordance with the bid documents, the Office of the City Engineer, along with the Department of Parks and Recreation, negotiated several cost reductions with the Iow bidder, Building Specialists, Inc., in the amount of $126,943. A list of these cost Honorable Mayor David A.~Bowers and Members of City Council MILL MOUNTAIN PARK IMPROVEMENTS February 7, 2000 Page 2 reductions is attached as Exhibit B. Based upon these cost reductions, the negotiated bid will be $530,957. A contingency of 5% ($28,000) will be added to this cost, for a total project cost, as revised, of $558,957. This currently exceeds available funds by $118,957. Funding for the project is available as follows: Mill Mountain Improvements, Account Number 008-052-9711-9001 $ 440,000 1999 General Obligation Bond Issue, Park Improvements 118,957 Total Funding Required, (Contract plus Contingency) $558.957 Recommended Action: Authorize the Director of Finance to transfer $118,957 into Mill Mountain Park Improvements, account number 008-052-9711-9001. Accept the bid by Building Specialists, Inc. and award a contract in the amount of $530,957 for the construction of the Visitor Center and Picnic Shelter to include add alternates 1, 2, 3 & 5. Authorize the City Manager to enter into a contractual agreement for the same, and reject all other bids. City Manager Attachments: Exhibit A Exhibit B C; William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Terry W. Kemp, Project Manager Ellen S. Evans, Construction Cost Technician #99-182 Exhibit A MILL MOUNTAIN PARK IMPROVEMENTS BID TABULATION SHEET BID NO. 99-9-33 Bids were opened by D. Darwin Roupe, Manager, Office of Supply Management, on Tuesday, October 12, 1999 at 2:00 p.m. Building Sl~clalist~ U.S. ConsL Co. Breakell, Inc. Acorn Const. Co. Lucas Coral Co. Pro-Induct. Weld. ~ase Bid-Visitor Ctr. $467,000 $445,896 $496,000 $514,000 $499,050 $506,281 Base Bid-Picnic Shelter $144,000 $.162,513 $152,500 $148,600 $166,050 $181,693 Subtotal: Base Bids $611,000 $608',469 $1148,500 $~12,600 $6S5,000 $887,974 Add Alternate No. I $17,000 $17,803 $27,000 $17,050 $21,965 $26,231 Base + Alter. I $628,000 $626,212 $675,500 $679,600 $686,965 $714,205 Add Alternate No. 2 $6,900 $6,253 $8,000 $10,000 $5,400 $7,148 Base + Alter. 1,2 $634,900 $632,465 $683,500 $689,600 $692,365 $721,354 Add Alternate No. 3 $17,000 $14,274 $9,800 $6,800 $13,800 $16,808 Base + Alter. 1,2,3 $651,900 $646,739 $693,300 $698,400 $706,165 $738,162 Add Alternate No. 4 $6,000 $6,600 $6,700 $12,000 $7,000 $7,200 Base + Alter. 1,2,3,4 $657,900 $653,339 $700,000 $710,400 $713,165 $745,382 Add Altemate No. 5 $6,000 $13,010 $8,000 $6,600 $13,805 $6,872 'Base + Alter. 1,2,3,4,5 $663,900 $666,349 $708,050 $717,000 $726,965 ,$754,234 Add Alternate No.6 $5,000 $4,200 $2,500 $4,000 $4,100 $2,928 Base + Alter. 1,2,3,4,5,6 $688,900 $670,549 $710,S00 $72t,000 $731,04S $7S7,162 Time (Calendar days) 300 180 275 240 180 190 Addendum No. I YES YES YES YES YES YES Bid Bond YES YES YES YES YES YES Consultant's Estimate: $509,000 Office of the City Engineer Roanoke, Virginia February 7, 2000 EXHIBIT B The following are cost reductions as agreed by the Iow bidder, on January 12, 2000: 1. Eliminate clerestory windows and roof structure, and all structural timbers (Does not include changes to mechanical or electrical) 2. Eliminate all flagstone flooring in Visitor Center 3. Reduce sitework: a. Eliminate all landscaping and seeding b. Eliminate asphalt paving at Visitor Center 4. Eliminate wood ceiling and replace with gypsum wallboard 5. Eliminate exterior concrete masonry and replace With 2 x 6 wood stud framing 6. Eliminate stone veneer and replace with oak siding 7. Eliminate painting 8. Eliminate re-routing of water line and drinking fountain at Picnic shelter 9. Eliminate flagstone flooring at Picnic Shelter 10. Eliminate concrete slab and install gravel base at Picnic Shelter 11. Eliminate hip roof design, use gable roof construction Eliminate double timber supports, use single support 12. Eliminate lighting and electrical wiring 13. Eliminate paving of walkway to Picnic Shelter Building Specialists, Inc. $ 45,435 $ 13,365 $ 12,400 $ 1,000 $ 2,060 $ 2,825 2,940 9,850 6,173 $ 7,480 $ 4,115 $ 13,300 $ 4,000 $ 2,000 Total $126,943 Attachment I February 7, 2000 Council Report No. 99-182 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT MILL MOUNTAIN PARK IMPROVEMENTS ROANOKE, VIRGINIA BID NO. 99-9-33 We, the undersigned Bid Committee, hereby submit the attached report for your consideration. Respectfully Submitted, W. Alvin Hudson Charles M. Huffine, P.E. RECEIYED '00 FE~ -1 P,~I :~3 February 7, 2000 Council Report No. 99-182 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT MILL MOUNTAIN PARK IMPROVEMENTS ROANOKE, VIRGINIA BID NO. 99-9-33 Attachment 2 I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, City Manager Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 14, 2000 File #60-207 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34681-020700 amending and reordaining certain sections of the 1999-2000 Capital Projects Fund Appropriations, providing for appropriation of $90,515.00, in connection with a contract with Construction Services of Roanoke, Inc., for construction of an entranceway sign at the Roanoke Centre for Industry and Technology. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Darlene L. Burcham, City Manager Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician, Engineering L. Bane Coburn, Project Manager, Engineering C:LMyFiles\fcb7.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of February, 2000. No. 34681-020700. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1999-2000 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDrODrlati0ne General Government $ 31,311,070 Roanoke Centre for Industry and Technology Infrastructure Design (1).. 214,211 Roanoke Centre for Industry and Technology Entrance Sign (2) .......90,515 Capital Improvement Reserve $ 21,407,265 Capital Improvement Reserve (3) ............................... 549,368 1 ) Appropriated from General Revenue 2) Appropriated from General Revenue 3) Economic Development (008-052-9679-9003) (008-052-9680-9003) (008-052-9575-9178) $ (10,789) 90,515 (79,726) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A'I-rEST: City Clerk. MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk February 14, 2000 File #60-207 Lawrence D. Johnson, Jr., President Construction Services of Roanoke, Inc. 3812 Concord Place Roanoke, Virginia 24018 Dear Mr. Johnson: I am enclosing copy of Ordinance No. 34682-020700 rejecting the bid of Southern Signs, Inc., as being non-responsive and accepting the bid of Construction Services of Roanoke, Inc., in the amount of $82,600.00, to construct the entranceway sign at the Roanoke Centre for Industry and Technology, upon certain terms and conditions; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Chades M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician, Engineering L. Bane Cobum, Project Manager, Engineering C:LMyFil~s\fcb7.wlxl MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk February 14, 2000 File #60-207 J. W. Christenbury, Jr., President Acorn Construction, Ltd. P. O. Box 625 Roanoke, Virginia 24175 R. Lewis Hayslett, Jr., President Southern Signs, Inc. P. O. Box 12945 Roanoke, Virginia 24029-2945 Gentlemen: I am enclosing copy of Ordinance No. 34682-020700 rejecting the bid of Southern Signs, Inc., as being non-responsive and accepting the bid of Construction Services of Roanoke, inc., in the amount of $82,600.00, to construct the entranceway sign at the Roanoke Centre for Industry and Technology, upon certain terms and conditions; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure C:'~4yFilm\ fo'b7 .wlxt IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2000. No. 34682-020700. AN ORDINANCE rejecting the bid of Southern Signs, Inc., as being non-responsive; accepting the bid of Construction Services of Roanoke, Incorporated, to construct the entranceway sign at the Roanoke Centre for Industry and Technology, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid received by the City from Southern Signs, Inc., is non-responsive for the reasons set forth in the City Manager's report dated Febrmary 7, 2000, and is hereby REJECTED. 2. The bid of Construction Services of Roanoke, Incorporated, for Bid Item III with Granite Coping Stones, in the total amount of $82,600, to construct the entranceway sign at the Roanoke Centre for Industry and Technology as is more particularly set forth in the City Manager's report dated February 7, 2000, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 3. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 4. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report P4:43 February 7, 2000 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: BID COMMITTEE REPORT ENTRANCE SlGNAGE STRUCTURE ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY ORANGE AVENUE EAST AT BLUE HILLS DRIVE ROANOKE, VIRGINIA BID NO. 99-05-66 Background: Ronald M. Martin & Associates, P.C., (t/a Martin & Associates, P.C.) designed a new entrance sign for Centre for Industry and Technology. After proper advertisement, bids were received in October 1998 with Avis Construction Company, Inc., of Roanoke, VA submitting the Iow bid of $166,900, which exceeded the project budget. The entrance sign was revised as well as adding alternate bids and then re-advertised. Bids were received on November 3, 1999 with Southern Signs submitting the Iow bid on Alternate Bid III, one sign with two finished faces, see attachment, in the amount of $77,100. In verifying the bidders qualifications, it was found that Southern Signs, Inc. was not registered as a contractor in the Commonwealth of ¥irginia. This is a non-responsive bid. The lowest responsible and responsive bid was submitted by Construction Services of Roanoke, Incorporated in the amount of $82,600 which includes the addition of $6,600 for granite coping stones. Considerations: Funding requirements for this project is as follows: Bid for sign with two finished faces Granite coping stones Contingency Total Funding is available in the following accounts: Roanoke Centre for Industry and Technology Infrastructure Extension Account No. 008-052-9679 Capital Improvement Reserve Economic Development Reserve 008-052-9575-9178 Total $76,000 6,600 7,915 $90,515 $10,789 79,726 $90,515 HONORABLE DAVID A. BOWERS, MAYOR, AND MEMBERS Of CITY COUNCIL BID COMMITTEE REPORT ENTRANCE SIGNAGE STRUCTURE ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY FEBRUARY 7, 2000 PAGE 2 Time of completion is 130 consecutive calendar days. The Contractor has agreed to extend his bid beyond the sixty (60) day limit. Recommended Action(s): Approve the contract with Construction Services of Roanoke, Incorporated, Bid Item III, in the amount of $82,600 and 130 consecutive calendar days construction time to provide and install a two-sided sign in accordance with the contract documents as prepared by Martin & Associates, P.C. Approve the appropriation of the funding of this project from the accounts listed above and authorize the Director of Finance to create a new Capital Account entitled "Center for Industry and Technology Sign." Bid Item III, two-sided sign: Granite caps Project contingency Total $76,000 6,600 7,915 $90,515 Reject the other responsive bid. Respectfully submitted, City Manager DLB/LBC/fm Attachments: (3) C: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Ellen S. Evans, Construction Cost Technician\ L. Bane Coburn, Project Manager #00-104 Roanoke City Council Regular Agenda Report February 7, 2000 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT ENTRANCE SlGNAGE STRUCTURE ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY ORANGE AVENUE EAST AT BLUE HILLS DRIVE ROANOKE, VIRGINIA BID NO. 99-05-66 I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, City Manager DLB/LBC/fm Attachment: Bid Committee Report C: City Attorney City Clerk Director of Finance L. Bane Coburn, Project Manager February 7, 2000 Council Report No. 00-104 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT ENTRANCE SIGNAGE STRUCTURE ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY ORANGE AVENUE EAST AT BLUE HILLS DRIVE ROANOKE, VIRGINIA BID NO. 99-05-66 We, the undersigned Bid Committee, hereby submit the attached report for your consideration. Respectfully submitted, W. Alvin Hudson Kit B. Kiser Robert K. Bengtson CES/LBC/fm Attachment: Bid Committee Report C: City Attorney City Clerk Director of Finance Acting Director of Public Works Director of Utilities and Operations Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue Acting Chief, Economic Development TABULATION OF BIDS ENTRANCE SIGNAGE STRUCTURE ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY ORANGE AVENUE EAST & BLUE HILLS DRIVE ROANOKE, VIRGINIA BID NO. 99-05-66 Bids were opened by D. Darwin Roupe, Manager, Office of Supply Management, on November 3, 1999, at 2:00 p.m. CONTRACTOR BID ITEM I BID ITEM II BID ITEM III GRANITE # DAYS CAPS Southern Signs, Inc. $140,0000 $70,000 $74,600 $2,500 90 Construction Services of Roanoke, Incorporated $129,400 $68,400 $76,000 $6,600 130 Acorn Construction, Ltd. $137,500 $77,500 $89,300 $7,500 180 Ronald M. Martin & Associates, P.C. (t/a Martin & Associates, P.C.) 5007 Carriage Drive Roanoke, Virginia 24018 Office of the City Engineer Roanoke, Virginia January 18, 1999 Bid Item I: Bid Item I1: Bid Item IIh Two single face signs, one on each side of Blue Hills Drive facing Orange Avenue One sign only on east side of Blue Hills Drive with lettering on one side only and parallel Orange Avenue One sign with lettering on both sides with Granite coping stones. Sign perpendicular Orange Avenue and on east side of Blue Hills Drive. 1',,.4' 1'..4' 1',-4' I"l~,~N't' ~.I~VATION ~ A MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy Cit3. Clerk February 14, 2000 File #20-57-207-450 Stanley H. Puckett, President L. H. Sawyer Paving Co., Inc. 496 Glenmore Drive Salem, Virginia 24153 Dear Mr. Puckett: I am enclosing copy of Ordinance No. 34683-020700 accepting the bid of L. H. Sawyer Paving Co., Inc., in the amount of $717,818.69, for construction of off-site roadway improvements by connecting the existing portions of Frontage Road between Hershberger Road and Peters Creek Road; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: Dadene L. Burcham, City Manager James D. Grisso, Director of Finance Charles M. Huffine, City Engineer Cassandra D. Altice, Civil Engineer I, Engineering C:~MyFiles\febT.wpd MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy Cit5 Clerk February 14, 2000 File #20-57-207-450 John W. Douthat, Vice-President Allegheny Construction Co., Inc. 2830 Nicholas Avenue, N. E. Roanoke, Virginia 24012 M. Wayne Hylton, Jr., Vice-President S. R. Draper Paving Co. 4742 Old Rocky Mount Road, S. W. Roanoke, Virginia 24014 Gentlemen: I am enclosing copy of Ordinance No. 34683-020700 accepting the bid of L. H. Sawyer Paving Co., Inc., in the amount of $717,818.69, for construction of off-site roadway improvements by connecting the existing portions of Frontage Road between Hershberger Road and Peters Creek Road; and rejecting all other bids made to the City for the work. The abovereferenced measure.was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure C:'xMyFiles\feb7 wpd [N THECOUNC~ OF THE CITY OF ROANOKE, VIRGINI~ The 7th day of February, 2000. No. 34683-020700. AN ORDINANCE accepting the bid of L. H. Sawyer Paving Company, Inc., for the construction of off-site roadway improvements by connecting the existing portions of Frontage Road between Hershberger Road and Peters Creek Road, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid ofL. H. Sawyer Paving Company, Inc., inthe amount of $717,818.69 for the construction of off-site roadway improvements by connecting the existing portions of Frontage Road between Hershberser Road and Peters Creek Road, as is more particularly set forth in the City Manager's report dated February 7, 2000, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of Supply Managem~t, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report '00 J/~N 31 February 7, 2000 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Bid Committee Report for Frontage Road Improvements Project No. 6441, Bid No. 99-12-39 Background: The City of Roanoke entered into a Performance Agreement with Johnson & Johnson Vision Products, Inc. (J & J) on March 19, 1999. The Performance Agreement states that J & J has acquired 31.206 acres (Tax Map Nos. 6460101 and 6460106) for the purpose of building and operating a manufacturing facility, and requires the City of Roanoke to provide access to the J & J facility by completing certain off-site improvements by July 1, 2000. In order to meet the agreement's deadline, the off-site improvements are being constructed under two separate contracts. The improvements to Ferndale Drive and Ordway Drive are currently under construction; these improvements include a cul-de-sac on Ferndale Drive and the extension of Ordway Drive to provide J & J access to the back of their manufacturing site. The present project involves the extension of Frontage Road so that the J & J site will be accessible from Peters Creek Road and Hershberger Road. The project was properly advertised and bids were opened on January 18, 2000. Considerations: The total construction cost of the project is $789,818.69; this amount is comprised of $717,818.69 for the construction contract plus an additional $72,000 as contingency. Funding is available from Capital Project account number 008-002-9700 titled "J & J Off- Site Improvements." The Iow bid of $717,818.69, which is 14% below the Engineer's estimate of $834,982, was submitted by L. H. Sawyer Paving Company, Inc. located at 496 Glenmore Drive, Salem, Virginia 24153. Time is critical in order to achieve the Performance Agreement's completion date of July 1, 2000. Honorable David A. Bowers,~Mayor, and Members of City Council BID COMMITTEE REPORT FOR FRONTAGE ROAD IMPROVEMENTS PROJECT NO. 6441, BID NO. 99-12-39 February 7, 2000 Page 2 Recommended Action: Authorize the City Manager to execute a contract, in a form approved by the City Attorney, with L. H. Sawyer Paving Company, Inc., in the amount of$717,818.69, with a contingency of $72,000, to provide for the construction of the Frontage Road Improvements, and reject all other bids. Darlene L. Burcham City Manager Attachments: 3 CDA/bs C: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Cassandra D. Altice, Civil Engineer I # 00-111 Attachment I February 7, 2000 Report No. 00-111 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT FRONTAGE ROAD IMPROVEMENTS PROJECT NO. 6441 BID NO. 99-12-39 We, the undersigned Bid Committee, hereby submit the attached report for your consideration. Respectfully submitted, Carroli E. S/~ain, Chairman W. Alvin Hudson Kit B. Kiser Charles M. Huffine, P.E. O Attachment 2 February 7, 2000 Report No. 00-111 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT FRONTAGE ROAD IMPROVEMENTS PROJECT NO. 6441 BID NO. 99-12-39 I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, City Manager Attachment 3 TABULATION OF BIDS FRONTAGE ROAD IMPROVEMENTS PROJECT NO. 6441 BID NO. 99-12-39 Bids were opened by D. Darwin Roupe, Manager, Office of Supply Management, on Tuesday, January 18, 2000, at 2:00 p.m. Allegheny Construction Co., Inc. Yes $1,003,254.00 S. R. Draper Paving Company Yes $ 737,751.86 L. H. Sawyer Paving Company, Inc. Yes $ 717,818.69 Estimated Cost: $834,982 Office of the City Engineer Roanoke, Virginia February 7, 2000 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 14, 2000 File #20-57-207-450 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, February 7, 2000, Council Member White inquired as to the status of discussions/commitments between the City, representatives of Johnson & Johnson Vision Products, and residents of the area as a result of proposed improvements to Frontage Road, and suggested that City staff meet with residents to provide an update on the project/commitments. It was the consensus of Council to refer the matter to the City Manager for report prior to the next Council meeting on Tuesday, February 22, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io C:~vlyFilea~¢b7.wpd Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 14, 2000 File #20-57-207-450 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, February 7, 2000, Coqncil Member Swain inquired if sidewalk, curb and gutter are proposed for Ordway Drive, N. W.; whereupon, it was the consensus of Council to refer the inquiry to the City Manager for report. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io C:kMyFilca\fcb7.wlxl Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 14, 2000 File ¢¢42-166 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 34637-020700 authorizing execution of Amendment No. 1 to the Agreement between the City ("Lessor") and Downtown Associates ("Lessee"), dated January 27, 1983, providing for amendment of Paragraph No. 8 in said Agreement, said paragraph relating to maintenance responsibilities of Lessee and Lessor. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Tuesday, January 18, 2000, also adopted by the Council on second reading on Monday, February 7, 2000, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Downtown Associates, c/o F & W Management Corporation, P. O. Box 20809, Roanoke, Virginia 24018 James D. Grisso, Director of Finance Robert K. Bengtson, Acting Director, Public Works Kit B. Kiser, Director, Utilities and Operations Diane S. ^kers, Budget Administrator, Office of Management and Budget Linda S. Bass, Acting Chief, Economic Development C:'~vlyFil~\feb7.wpd IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2000. No. 34637-020700. 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. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager, and the City Clerk, are hereby authorized, for and on behalf of the City, to execute and attest, respectively, 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, as more particularly set out in the report to this Council dated January 18, 2000. 2. Amendment No. 1 shall be approved as to form by the City Attorney. ATTEST: City Clerk. H: qm..F.,SXR -AMDNO I .Dovm~-Matk~- I - I 8-00 RECEtYED CITY ti_?,,':: !:!~ !:":-"~:' January 18, 2000 Council Report #00-03 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: SUBJECT: Amendment to City Market Lease Agreement BACKGROUND: Ao The City of Roanoke and Downtown Associates (herein called "Lessee"), a partnership composed of Elbert H. Waldron and Horace G. Fralin (now deceased), entered into a twenty (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. Included in this definition are flower shops, shops selling agricultural products, shops selling arts and crafts, and shops selling kitchenware. Any other use proposed by the Lessee must be approved in writing by the City Manager. Lessee shall during the term of the lease maintain the premises in a reasonably good condition and repair. Lessee shall have the right during the term of the lease to make alterations, changes, improvements and additions to the premises as Lessee may desire that 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 Lessee's proposed work would change the exterior or interior appearance of the premises, Lessee shall, before undertaking such work, obtain Lessor's prior approval. Mayor and Members of City Council January 18, 2000 Page 2 II. CURRENT SITUATION: The City of Roanoke and representatives of Downtown Associates (Dan Joiner and Doug Chittum) have agreed to amend item no. eight (8) REPAIRS, of the twenty (20) year contract. This amendment 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 Lessee and 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 the needed repairs. Lessee shall maintain the inside of the building in accordance with the Uniform Statewide Building Code, or other applicable statute, code or ordinance. Lessee shall pay for any inside repair that is less than $1,000.00. Lessor shall reimburse 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 (7) working days before such repairs are effected. 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 Lessor, and Lessor shall reimburse Lessee for such repairs in accordance with the agreement, as amended, as long as Lessee notifies Lessor of such repairs as soon as practicably possible and repairs at that time are otherwise approved by Lessor. A copy of Amendment No. 1 to the agreement dated January 27, 1999, is attached. III. ISSUES: A. City Market Revitalization. B. Economic Development. C. Cost. Mayor and Members of City Council January 18, 2000 Page 3 IV. ALTERNATIVES: Ao City Council authorize the City Manager and the City Clerk to execute and attest, respectively amendment No. I to the Agreement dated January 27, 1999. City Market Revitalization will continue as the City Market building serves as a center attraction for tourism and trade. Economic Development would be enhanced as market building has space available for lease. Cost to the City might be reduced due to preventive maintenance, however, the cost will most likely increase but should not exceed, on the average, the $10,000 per year, more or less, revenue the city receives from Lessee for lease and operations of the market building. City Council not authorize the City Manager and the City Clerk to execute and attest, respectively amendment No. I to the Agreement dated January 27, 1999. City Market Revitalization would be jeopardized as the market building serves as center attraction for tourism and trade. Economic Development would not be enhanced because if market building is in bad repair, available space could not be leased or would have to be leased at a lower rate. Cost to the City would increase if building was not managed by an outside source. Mayor and Members of City Council January 18, 2000 Page 4 V. RECOMMENDATION: City Council adopt Alternative A to authorize the City Manager and the City Clerk to execute and attest, respectively amendment No. 1 to the Agreement dated January 27, 1999. Respectfully submitted, City Manager mjp CC~ James D. Ritchie, Assistant City Manager James D. Grisso, Director of Finance William M. Hackworth, City Attorney Robert K. Bengtson, Acting Director of Public Works Kit B. Kiser, Director of Utilities and Operations Diane S. Akers, Budget Administrator Linda S. Bass, Acting Chief of Economic Development Mary F. Parker, City Clerk AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF ROANOKE AND DOWNTOWN ASSOCIATES THIS AMENDMENT entered into this between the following parties: day of ,1999, byand and City of Roanoke (herein called the "Lessor") 215 Church Avenue, S.W. Roanoke, Virginia 24011 Downtown Associates (herein called "Lessee") c/o F & W~ Management Corporation (Agent) P.O. 20809 Roanoke, Virginia 24018. WHEREAS, the Lessor and Lessee have, by Agreement dated January 27, 1983 ("Agreement"), contracted for the management of the City Market Building; and WHEREAS, the parties to this Agreement desire to amend the Agreement: NOW, THEREFORE, the Lessor and Lessee do mutually agree to amend the Agreement by the following and no other: o REPAIRS: Lessor shall maintain the outside of the building in a manner acceptable to Lessee and 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 the needed repairs. Lessee shall maintain the inside of the building in accordance with the Uniform Statewide Building Code, or other applicable statute, code or ordinance, and shall pay for any such repair which is less than $1,000.00. Lessor shall reimburse 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 (7) working days before such repairs are effected. The terms of this paragraph notwithstanding, 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 Lessor, and Lessor shall reimburse Lessee for such repairs in accordance with the Agreement, as amended, as long as Lessee notifies Lessor of such repairs as soon as practicably possible and the repairs at that time are otherwise approved by Lessor. Said approval shall not be unreasonably withheld. The Agreement dated January 27, 1983, shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the Lessor and Lessee have executed this Amendment as of the date first written above. ATTEST: Mary F. Parker, City Clerk Lessor: CITY OF ROANOKE, VIRGINIA By. ATTEST: Lessee: I>OWNTOWN ASSOCI TES.., _._, (title) 'x't] ~. -Assistm~t City Atto~ey Approved as to Execution: Assistant City Attomey 2 H :\TEMP~ssh~aaMD- D 0 WNT 0 WN-MAKKET- 11-99 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 14, 2000 File #27-28-166 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 34657-020700 authorizing 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 the purpose of extending sanitary sewer service to adjacent property, as more particularly set forth in a report of the Water Resources Committee dated January 4, 2000. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Tuesday, January 18, 2000, also adopted by the Council on second reading on Monday, February 7, 2000, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator C:~VlyFil~\feb7.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2000. No. 34657-020700. 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. WHEREAS, a public hearing was held on January 18, 2000, pursuant to §§15.2- 1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an' opportunity to be heard on said conveyance. THEREFORE, BE IT RESOLVED AND ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, the necessary document reserving to the City a 25' sanitary sewer easement across City-owned property identified as Official Tax No. 4260506, located on Findlay Avenue, S.E., for the purpose of extending sanitary sewer service to adjacent property, upon certain terms and conditions, as more particularly set forth in the report of the Water Resources Committee dated January 4, 2000. ATTEST: H:\O RIJM~EI~O E-City- SS- Findl&y- I - I City Clerk. ,_._,~ 21 P 3:04 Janual Report Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Sanitary Sewer Easement on City Owned Property - Tax No. 4260506 The attached staff report was considered by the Water Resources Committee at its regular meeting on December 20, 1999. The Committee recommends that Council schedule a public hearing for January 18, 2000, and, lacking any comments to the contrary, authorize execution of the appropriate document, in a form approved by the City Attorney, reserving a twenty-five foOt City sanitary sewer easement across City-owned property, 'in accordance with conditions stated in the attached report. Respectfully submitted, Water Resources Committee LF'VV:KBK:afm Attachment CC: William M. Hackworth, City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations D. D. Daniels, Assistant to City Manager for Community Relations Charles M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator Report No. 99-388 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: December 20, 1999 TO: FROM: SUBJECT: ~~embers,,Water Resources Committee ~irector, Utilities and Operations thru ~es'DFRit-chie, Acting City Manager SANITARY SEWER EASEMENT ON CITY OVVNED PROPERTY TAX NO. 4260506 I. Background in chronological order is as follows: Ao Vacant City-owned property identified by Tax No. 4260506 is located on Findlay Avenue, SE. The 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. Adjacent property owner desires to develop three lots for residential use. Parcel has been surveyed showing subdivision of lot into three parcels and proposed sanitary sewer easement. See attached plat. I1. Current situation is as follows: Ao A twenty-five foot City sanitary sewer easement is needed to provide sewer service to the adjacent lots. The owner of the adjacent lots has requested that the City extend the necessary sewer lines so that the lots may be developed. Bo Council, authority is required to reserve an easement across City-owned property. The sanitary sewer easement will be reserved for the City. Since the lot will never be developed, the easement does not impact on the City's use of the lot. III. Issues in order of importance are: A. Need B. Timing Members, Water Resources Committee SANITARY SEWER EASEMENT ON CITY OWNED PROPERTY TAX NO. 4260506 December 20, 1999 Page 2 IV. Alternatives in order of feasibility are: Ao Water Resources Committee recommends that City Council authorize the City Manager to take appropriate action in order to advertise a public hearing and, lacking any comments to the contrary, execute the appropriate document, in a form approved by the City Attorney, reserving a twenty-five foot City sanitary sewer easement across City-owned property. 1. Need for easement to provide sanitary sewer to parcels is met. 2. Timing to allow construction to begin as soon as possible is met. Water Resources Committee does not recommend that City Council authorize the City Manager to take appropriate action in order to advertise a public hearing and, lacking any comments to the contrary, execute the appropriate document, in a form approved by the City Attorney, reserving a twenty-five foot City sanitary sewer easement across City-owned property. 1. Need for easement to provide sanitary sewer to parcels is not met. 2. Timing to allow construction to begin as soon as possible is not met. Vo Water Resources Committee recommends that City Council authorize the City Manager to take appropriate action in order to advertise a public hearing and, lacking any comments to the contrary, execute the appropriate document, in a form approved by the City Attorney, reserving a twenty-five foot City sanitary sewer easement across City-owned property, in accordance with Alternative "A". JDR/KBK/SEF Attachment CC: City Attorney Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Engineering Coordinator · IRON PIN FOUND N/~ MANHOL[ N/~ WANOA H. GOINS 09. 1642/1401 TM..260518 NEff LOT A 0.884 ACRE MB. l, PC. 1698 OTY OF' ROANOKE TM. 426050~ INST. # 97022023 PROPOSE0 25' S.S.E. / / LOT B l LOT 92 ['IA, ~Y R. ~'I~R. ET ux DB. 1847/""/20 TM. 4280~K)~ LOT B3 TAX I 42~050~ AC(X/WED IM INST. 97022023 RECEivED 61TY r, AD Number: THE ROANOKE TIMES '00 JAN14 P2:38 Publisher's Fee $ '-7 ~' -~ 0 ADDRESS: AFFIDAVIT OF PUBLICATION I, (the undersigned), an authorized representative of the Roanoke Times, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: RUN DATES: Witness, this Iq day of ' ~ NOTICE OF PUBUC HEARING The City of Roanoke proposes to. re.sawe a 25' City eanltary owned property idantlfmd by Official Tax No. 4260506, and Iocat~l On Fladlay Aveftue, S.E. Pursuant to the requirsments of §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby ICven that the City Council of the City of Roanoke will bold a public hearing on the above matter at its regular meeting to be held on January 18, 2000, commencing at 7:00 p.m., in the Council Chambers, 4th Rear, Municipal Building, 215 Chumh Avenue, S.W., Roanoke, Virginia. Further infommtion in the form of · report ffom the Water Resources Committee dated January 4, 2000 is avail- able from the Office of the City Ciefk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportu- nity to bo heard and express their opinions on said matter. GIVEN under my hand this lOth day of January, 2000. C~y C~er~ (1329433) . (Authorized Signature) NOTICE OF PUBLIC HEARING The City of Roanoke proposes to reserve a 25' City sanitary sewer easement across City-owned property identified by Official Tax No. 4260506, and located on Findlay Avenue, S.E. Pursuant to the requirements of § § 15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on January 18, 2000, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information in the form of a report from the Water Resources Committee dated January 4, 2000 is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. GIVEN under my hand this ~ at,ay of__aaauar~__., 2000. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Monday, January 10, 2000. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:\NOT ICE-WRC-CC\NE-City SewerEas¢-Findlay- 1 - 18-2000 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 14, 2000 File #28-29-166-207 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 34658-020700 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, Inc., property located on Ferndale Drive, N. W., upon certain terms and conditions, as more particularly set forth in a report of the Water Resources Committee dated January 4, 2000. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Tuesday, January 18, 2000, also adopted by the Council on second reading on Monday, February 7, 2000, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Dolores C. Daniels, Assistant to the City Manager for Community Relations Chades M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator C:',aMyFiles~eb7 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2000. No. 34658-020700. 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 Femdale Drive, N.W., upon certain terms and conditions. WHEREAS, a public hearing was held on January 18, 2000, pursuant to {}{}15.2- 1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. THEREFORE, BE IT RESOLVED AND ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, the necessary document granting 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, as more particularly set forth in the report of the Water Resources Committee dated January 4, 2000. ATTEST: H: \ORD'-GEN~O E - APCo- Femdal ¢. I - l City Clerk. RECE~¥E0 CITY:':LF; .... - :-'-" '99 F :n, 21 ?? :04 January 4, 2000 Report No. 99-392 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Easement on City Owned Property Tax No. 6460103 - Adjacent to Innotech Appalachian Power Company The attached staff report was considered by the Water Resources Committee at its regular meeting on December 20, 1999. The Committee recommends that City 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, in accordance with conditions stated in the attached report. Respectfully submitted, L FW: KB K: afm Attachment CC.' Linda F. Wyatt, Chair~ Water Resources Committee William M. Hackworth, City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations D. D. Daniels, Assistant to City Manager for Community Relations Charles M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator Report No. 99-392 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: December 20, 1999 TO: FROM: ...,,~.,_embers, ~/Vater Resources Committee ~,jt~. ~irector, Utilities and Operations thru ~James D.-Ritchie, Acting City Manager SUBJECT: EASEMENT ON CITY OWNED PROPERTY TAX NO. 6460103 - ADJACENT TO INNOTECH APPALACHIAN POWER COMPANY Background in chronological order is as follows: A. Vacant City-owned property identified by Tax No. 6460103 lies adjacent to the proposed site currently being developed for Innotech, Incorporated, a division of Johnson & Johnson Vision Products (Innotech). B. Appalachian Power Company (APC0) has been requested to provide electric service to the Innotech site. APCO proposes to provide the power through overhead facilities across City-owned property. See attached plat. II. Current situation is as follows: Ao Development of the new Innotech site adjacent to the City-owned property is currently underway. A twenty-foot easement across City-owned property has been requested by APC0 in order to extend the line to provide electric service to the adjacent parcel. III.Issues in order of importance are: A. Need B. Timin~ Members, Water Resources Committee EASEMENT ON CITY OWNED PROPERTY TAX NO. 6460103 - ADJACENT TO INNOTECH APPALACHIAN POWER COMPANY December 20, 1999 Page 2 IV. Alternatives in order of feasibility are: Ao Water Resources Committee recommends that City Council schedule a public, headn(~ for January 18, 2000, and lacking any comments to the contrary, authorize the execution of the appropriate document, in a form approved by the City Attorney, granting an easement to APCO across City-owned property. Said easement shall be for the purpose of extending the existing overhead electdc power line to provide electric service to the adjacent parcel. 1. Need for easement to allow extension of the electric power line is met. 2. Timina to allow extension as soon as possible is met. Bo Water R;esources Committee does not recommend that City Council schedule a oublic headna for January 18, 2000, and lacking any comments to the contrary, authorize the execution of the appropriate document, in a form approved by the City Attorney, granting an easement to APCO across City- owned property. Said easement shall be for the purpose of extending the existing overhead electric power line to provide electric service to the adjacent parcel. 1. Need for easement to allow extension of electric power line is not met. 2. Timina to allow extension as soon as possible is not met. Vo Water Re_~_u _rc~__ Commiffee recommends that City 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, in accordance with Alternative "A". JDR/KBK/SEF Attachments City Attorney Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Engineering Coordinator MAP NO. 3780-205B-4 and 229A-3 PROPERTY NO. 1 THIS AGREEMENT, made th/s ~ day of W. O. 750-0011 J. O. 99-1173 November , 1999, by and between the CITY OF ROANOKE, a municipal corporation existing under the laws of the Commonwealth of Virginia, herein called "GRANTOR.," and APPALACHIAN POWER COMPANY, a Virginia corporation, herein called "APPALACHIAN." WITNESSETH: TIiAT FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, the GRANTOR hereby gives license and permit to APPALACHIAN, its sue. e,~rs and assigns, and the right, privilege and authority to said APPALACHIAN, its successors and assigns, to construct, erect, operate, and maintain a line or lines for the purpose ofmmsmitfing electric power overhead on the property of the City of Roanoke, further identified on Roanoke City Tax Map number.~_~l.~.~ in the City of Roanoke, Virginia. BEING a fight of way and easement, in, on, along, through, over, and across said lands for the purpose of extending from Appalachian's existing pole 229-263 to provide service to l,motech as shown on that certain Appahchi~ Power Company Drawing V-1047, dated November 15, 1999, entitled "Proposed Right of Way on Property of City of Roanoke", aeached hereU~ and made apart hereof. THIS INSTRUlq~.NT PREPARED BY APPALACHIAN POWER COMPANY P. O, JOX 2i21, IOANOJ~q VIlGINIA ~ TOGETHER with the fight to said APPALACHIAN, its successors and assigns, to place, maintain, inspect, and add to the number of poles, crossanns, wires, cables, transformers, guys, and anchors in, on, and under the above referred to premises; and at Appalachian's option, remove from said premises any obstruction which may endanger the safety or interfere with the use of said poles, crossarms, cables, mmsformers, guys and anchors; and the reasonable right of ingress and egress to and over the premises above referred to and any of the adjoining lands of the GRANTOR, at any and all reasonable times, for the purpose of patrolling the line, or repairing, renewing or add/nfl to the number of said poles, crossarms, wires, cables, transformers, guys and anchors; and for doing anything necessary or useful or convenient for the enjoyment of the fights herein granted; also the privilege of removing at any time any or all of said improvements erected in, on, or under said land. The GRANTOR hereby grants, conveys and warrants to Appalachian. Power Company a nonexclusive right of way easement for electric facilities. In the event APPALACIflAN should remove all of said Appalachian's facilities from the lands of the GRANTOR, then all of the rights, I/fie and interest of APPALACHIAN in the right of way and license hereinabove granted, shall revert to the GRANTOR, its successors and assigns. APPALACHIAN ~ to indemnify and save harmless the GRANTOR against any and all loss or damage, accidents, or injuries, to persons or property, whether of the GRANTOR or any other person or corporation, arising in any manner from the negligent construction, operations, or maintenance, or failure to properly construct, opeme, or maintain said Appalachian's facilities. TO ltAVE AND TO IIOLD the same unto Appalachian Power Company, its successors and assigns. Upon recordation of this agreement Appalachian accepts the terms and conditions contained therein. WITNESS the signature of the City of Roanoke by , its City Manager, and its municipal seal hereto affixed and attested by MARY F. PARKER, its City Clerk pursuant to Ordinance No. adopted on CITY OF ROANOKE ATTEST: CITY MANAGER CITY CLERK STATE OF VIRGINIA) ) TO-WIT: CITY OF ROANOKE ) The foregok~ iasmnnent was acknowledged befor~ me this for the City of Roanoke, Virginia. day of , City Mmager My Commi~ion Expir~ NOTARY PUBLIC DEC-~9-1999 ~$:42 ROANOKE DISTRICT OFFICE 154~=J852988 P.~2~02 EXISTING '-'~--~. -_____ ~.,?:9'265 "-.. £XIS-rlNG Ii "~' OVERHEAD UNE-'--, [ ~' · 245,81 EXISTING POLE EXISTING POLE EXISTING POLE 229-266 PROPERTY OF ROANOKE CITY SCHOOL BOARD (WILLIAM FLEMING HIGH 5CHOOI. J PARCEL 64601O2 PROPERTY OF CITY OF RON,IOKE PARCEL 6460103 PROPOSED RIGHT OF WAY ~A.q£MENT ARiA CiTY OF ROANOKE, VIRCiNIA T. O. 665020 MAP SECTION 5780-205 B4 & 229 ,~ ART M E IVT S / .......... =- ----L_ PROPOSED POLE- ........ ~-- --===---~-_~__ 205-3531 , ........ - ('i'o BE LOCATED ~o' OFF p/t.I PROPERTY OF I~INOTECH AI~ALACHI. M~I POWER COMPANY ViROINIA RI~GION - ROANOK[ VIRGINIA PROPOSED RIGHT OF WAY ON PROPERTY OF CITY OF ROANOKE mm. LMA ~ mm 11-15-99 TOTAL P. 02 AD Number: THE ROANOKE TIMES '00 J/IN 14 P2:38 Publisher's Fee $ 7 5-- g-~ AFFIDAVIT OF PUBLICATION I, (the undersigned), an authorized representative of the Roanoke Times, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: RUN DATES: 9t7-.-40' ! O, oq-O00 Witness, this of NOTICE OF PUBUC HEARING The City of Roanoke proposes to grant an easement for the extension of overhead electflc power sewice across City- owned proporty identified by Official Tax No. 6460103, and being adjacent to the Innotech, Incmporated pmpe[~ty located on Femdele Drive, N.W. Pursuant to the requirements of §§15.2-1800(B) and 1813, Cede of Virginia (1950), as amended, notice is hereby given that the City Council of the CRy of Roanoke will hold a public headng on the above matter at its regular meeting to be held on January 18, 2000, commencing at 7:00 p.m., in the Council Chambers, 4th Root, Municipal Buildin& 215 Chumh Avenue, S.W., Roanoke, Virginia. Further info~ in the form of a re~ort from the Water Resoumes Committee dated Janumy 4, 2000 is avail- able from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportu- nity to be heard and express their opinions on said matter. GIVEN under my hand this lOth day of Jenuaty, 2000. Ma~y F. Parker, City Clerk (1329367) ) ' llho&ed Signature) NOTICE OF PUBLIC HEARING The City of Roanoke proposes to grant 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. Pursuant to the requirements of § § 15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on January 18, 2000, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information in the form of a report from the Water Resources Committee dated January 4, 2000 is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. GIVEN under my hand this 10ttday of January ., 2000 Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Monday, January 10, 2000. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:\NOTICE-WRC-CC~q E-APCO-City-Femdale- 1 - 18-2000 CITY OF ROANOKE :(~t OFFICE OF THE CITY CLERK 215 Church Avenue, $.W.. Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 MARY F. PARKF.,R, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk February 11, 2000 File #488-527 Mr. William E. Skeen Dr. Anthony R. Stavola Ms. Beth Doughty Mr. Robert Kulinski Mr. Martin Jeffrey Mr. John P. Baker Mr. Wayne G. Stdcktand Mr. Bill Poe Mr. Raleigh Campbell Mr. Henry Schotz MS. Evelyn S. Lander Ms. Debbie Mackey Mrs. Vernice Law Mr. Alvin Nash Mr. Matthew Kennell Mr. Edck Moore Ms. Valode P. Maclnnis /"1~1r. James D. Ritchie, Sr. Ms. Paula Prince Ms. Madam K. Alam Stacy Dr. Alice Inouye Ladies and Gentlemen: I am enclosing copy of Resolution No. 34684-020700 supporting and endorsing the proposals and principles of the Roanoke Neighborhood Renaissance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, February 7, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:to Enclosure pc: Darlene L. Burcham, City Manager H. Daniel Pollock, Jr., Housing Development Coordinator, Building Inspections IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2000. No. 34684-020700. A RESOLUTION supporting and endorsing the proposals and principles of the Roanoke Neighborhood Renaissance. WHEREAS, in 1997, Roanoke Neighborhood Renaissance ("RNR") was formed by the Roanoke community to enhance the quality and health of the City's neighborhoods; WHEREAS, RNR, through its Coordinating Committee, reviewed existing studies and plans, received input from approximately 2,500 citizens, and identified and developed strategies that would help develop a livable community of healthy neighborhoods that support strong families, protect the environment, provide quality education, support cultural opportunities, and ensure social justice; WHEREAS, the Coordinating Committee and the Executive Committee of RNR, ably chaired by Mr. Matt Kennell and Paula Prince, Ph.D., by working with technical working groups and interested citizens, developed realistic action-oriented strategies for the Roanoke community to implement in the following areas: 2. 3. 4. 5. 6. Economic Development, Education, Community Development, Housing, Social and Human Services, Crime and Public Safety, 7. Transportation, and 8. Leadership Development; and WHEREAS, several important strategies recommended by RNR have been or are being implemented, including: l. Development of neighborhood plans and increased planning capacity, 2. Establishment of a Community Health Center, 3. Increased preschool child care services, 4. Increased emphasis on prosecution of Building Code and property blight violations, and 5.Expansion of the Small Business Development Center; and WHEREAS, RNR's strategies and priorities have been endorsed by the Regional Chamber of Commerce, Downtown Roanoke, Inc., the Council o fCommunity Services, the Regional Housing Network, and the Roanoke Valley Association of Realtors. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council, by this resolution, endorses and approves the strategies and priorities of Roanoke Neighborhood Renaissance. 2. The City Clerk is directed to forthwith transmit an attested copy of this resolution to Roanoke Neighborhood Renaissance. ATTEST: City Clerk. I: \Clerk~. 42 C- Roke. Neish .Re~aissanc. e-1-7-00 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2000. No. 34685-020700. A RESOLUTION changing the place of commencement of the regular meeting of City Council scheduled to be held at 7:00 p.m., on Tuesday, February 22, 2000. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The place of commencement of the meeting of City Council scheduled to be held at 7:00 p.m. on Tuesday, February 22, 2000, in City Council Chambers at 215 Church Avenue, S. W., is hereby changed to the Exhibit Hall, Civic Center, 710 Williamson Road, N. W., in the City of Roanoke, Virginia, with the 2:00 p.m. session on the same date to be held in City Council Chambers of the Municipal Building at 215 Church Avenue, S.W., in the City of Roanoke. 2. Resolution No. 34392-070699, adopted July 6, 1999, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to February 22, 2000. ATTEST: City Clerk. Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 14, 2000 File #20-514 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, February 7, 2000, Council Member Hudson called attention to questions raised by citizens as to the feasibility of widening Liberty Road, N. E., from Williamson Road to Gainsboro Road toward the new Second Street Bridge instead of widening 10th Street, N. W. The City Manager advised that them has been considerable discussion regarding solutions, both as to 10th Street and other roads in the area, and recommended that the matter be submitted to Council in the form of a work session discussion item inasmuch as the area is a part of the City's six year plan and may need certain modifications. It was the consensus of Council to refer the matter to the City Manager for report within 90 days and no later than Monday, June 5, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io pc: Robert K. Bengtson, Acting Director, Public Works C:XMyFil~\f~-OoT.wpd Mary F. Parker, CMC City Clerk CITY OF R O/INOKE Office of the City Clerk February 14, 2000 File #20-183 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, February 7, 2000, Council Member Trout inquired as to the timetable for installation of the traffic light at the intersection of Preston Avenue and Plantation Road, N. E. It was the consensus of Council to refer the matter to the City Manager for report. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io pc: Robert K. Bengtson, Acting Director, Public Works C:~MyFilea~feb7.wpd Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 14, 2000 File #79-137 Sandra H. Eakin Deputy City Clerk William White, Sr.,. Chair, Legislative Committee C. Nelson Harris, Member, Legislative Committee Linda F. Wyatt, Member, Legislative Committee Brian J. Wishneff, Member, Legislative Committee F. B. Webster Day, Member, Legislative Committee Dear Ms. Wyatt and Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, February 7, 2000, Council Member Wyatt proposed that the question of enacting a one cent tax on the purchase of alcoholic beverage products that would be designated specifically for refuse collection, be referred to the Legislative Committee for review and report to Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io pc: The Honorable David A. Bowers, Ex-Officio Member, Legislative Committee Dadene L. Burcham, City Manager William M. Hackworth, City Attorney Barry L. Key, Manager, Office of Management and Budget Diane S. Akers, Budget Administrator, Office of Management and Budget C:'xMyFiles\feb7.wpd Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 14, 2000 File 60-184 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, February 7, 2000, Council Member Wyatt referred to the recent benefits, pay and classification study prepared by Fox Lawson & Associates which pointed out that certain City employees are compensated at a lower per centage than other persons in comparable positions in the Roanoke Valley and requested, as a part of fiscal year 2000-01 budget study, that the City Manager review the report and submit recommendations to bring City employees up to a fair and equitable wage compared with similar positions in the Roanoke Valley. It was the consensus of Council to refer the matter to the City Manager for report to Council during fiscal year 2000-01 budget study. MFP:Io pc: Sincerely, Mary F. Parker, CMC City Clerk James D. Grisso, Director of Finance Kenneth S. Cronin, Manager, Personnel Management Barry L. Key, Manager, Office of Management and Budget Diane S. Akers, Budget Administrator, Office of Management and Budget C:XMyFil~\fcb7.wpd Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk February 14, 2000 File #183-514 Sandra H. Eakin Deputy City Clerk Dadene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, February 7, 2000, the Mayor requested that the telephone number be published on the City Page of The Roanoke Times for reporting potholes in City streets. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io pc: Melinda Mayo, Public Information Specialist C:'aMyFil~feb7.wlxl COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the 7th day of February, 2000, CARL D. COOPER was appointed as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2002. Given under my hand and the Seal of the City of Roanoke this 11th day of February, 2000. City Clerk C:'~X4y File~\feb7. wpd COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the 7th day of February, 2000, MINNIE JONES was appointed as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2002. Given under my hand and the Seal of the City of Roanoke this 14th day of February, 2000. City Clerk C:kMyFiles\feb7.wpd COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the 7th day of February, 2000, ROBIN MURPHY-KELSO was appointed as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2002. Given under my hand and the Seal of the City of Roanoke this 14th day of February, 2000. City Clerk C:'~y Files~febT.v.~d COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the 7th day of February, 2000, PETER W. CLAPSADDLE was appointed as a member of the New Construction Code, Board of Appeals, for a term ending September 30, 2003. Given under my hand and the Seal of the City of Roanoke this 14th day of February, 2000. City Clerk C:'~lyFiles\feb7.wl~ -% COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the 7th day of February, 2000, EUGENE S. WlRT, JR., was appointed as a member of the Roanoke Public Library Board for a term ending June 30, 2002. 2000. Given under my hand and the Seal of the City of Roanoke this 16th day of February, City Clerk C:~ff~ly Fil~\f~b7 wpd