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HomeMy WebLinkAboutCouncil Actions 11-01-99HUDSON 34540 ROANOKE CITY CO UNCIL REGULAR SESSION November 1, 1999 12:15p. m. CITY COUNCIL CHAMBER /1 GEND/t FOR THE COUNCIL Call to Order--Roll Call. bo (Council Member Wyatt was absent). City Manager briefing with regard to the GIS mapping system. (40 minutes) Received and filed. File #159-294 City Manager briefing with regard to Project Impact. (10 minutes) Received and filed. File #188 The meeting was declared in recess at 1:00 p.m., to be reconvened at 2:00 p.m., in the City Council Chamber. 2 ROANOKE CITY CO UNCIL REGULAR SESSION November 1, 1999 2:00p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL 1. Call to Order-- Roll Call. All Present. The Invocation was delivered 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 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 Thursday, November 4, 1999, at 7:00 p.m., and Saturday, November 6, 1999, 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. PRESENTATIONS: Adopted Resolution No. 34540-110199 memorializing the late Dr. Noel C. Taylor. File 0132-367 A Resolution memorializing the late Reverend Ottawa R. Pullen. Adopted Resolution No. 34541-110199. File #367 A Proclamation declaring Awareness Month. File #3 the month of November, 1999 as Adoption Recognition of Ms. Virginia Monganbarton, letter career, for her assistance to a citizen in need. Mayor Bowers. File #80-124 Recognition of Jesse Hall, Deputy Director of Finance, newly elected President of the Virginia Government Finance Officers Association (VGFOA). File #1-80 4 e CONSENT AGENDA (Approved 7-0) 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 meetings of City Council held on Monday, August 2, 1999, and Monday, August 16, 1999; the special meetings of Council held on Friday, August 6, 1999, and Wednesday, August 11, 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. RECOMMENDED ACTION: Concur in request to convene in Closed File #132 Meeting. C-3 A communication from Mayor David A. Bowers requesting 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. RECOMMENDED ACTION: Concur in request to convene in Closed File 11496 Meeting. C-4 A communication from Mayor David A. Bowers with regard to the financial status of the employee pension fund of the City of Roanoke. Removed from the Consent Agenda for discussion. (See page 6) 5 C-5 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. RECOMMENDED ACTION: Concur in recommendation. File #104 C-6 Qualification of Vernon M. Danielsen and Mark E. Feldmann as members of the Roanoke Civic Center Commission for terms ending September 30, 2002. RECOMMENDED ACTION: Dispense with the reading thereof and approve File #15-110-192 as recorded. REGULAR AGENDA C-4 A communication from Mayor David A. Bowers with regard to the financial status of the employee pension fund of the City of Roanoke. RECOMMENDED ACTION: Received and filed. File #429 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: ao A report of the Roanoke City Schools with regard to evidences of increased student performances. Dr. E. Wayne Hams, Superintendent. Received and filed. File 0467 6 4. PETITIONS AND COMMUNICATIONS: a# A communication from Mayor David A. Bowers and Council Member William White Sr., with regard to a Roanoke Valley Travelers Information Center at I-81 and Plantation Road. Referred to the Legislative Committee for review. File #20-137-336-398 5. REPORTS OF OFFICERS: a. ACTING CITY MANAGER: BRIEFINGS: A 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. Received and filed. File 067-80 ITEMS RECOMMENDED FOR ACTION: A report with regard to the Mounted Patrol Facility located at the Roanoke Centre for Industry and Technology. Adopted Ordinance Nos. 34542-110199 and 34543-110199. (7-0) File #5-60-207 7 o A report recommending execution of Amendment No. 4 to a Subgrant Agreement with 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 in the City. Adopted Resolution No. 34544-110199. (7-0) Council Member Swain requested a status report on the RNDC Project. File #434 A report recommending execution of Amendment No. 1 to the City's contract with Lumsden Associates, P.C., for additional engineering and design services for the Roanoke Centre for Industry and Technology Infrastructure Project; and transfer of funds in connection therewith. Adopted Ordinance No. 34545-110199 and Resolution No. 34546-110199. (6-0) (Council Member Wyatt was out of the Council Chamber) File 060-207 Se A report recommending execution #fa change order to the City's contract with Ronald M. Martin & Associates, P. C., for additional design services for the proposed Police Annex Building; and appropriation of funds in connection therewith. Adopted Ordinance No. 34547-110199. Member Wyatt was out of the Council Resolution No. 34548-110199. (7-0) File #5-60 (6-0) (Council Chamber) and o A report recommending execution of Change Order No. 9 to the City's contract with Danis Environmental Industries, Inc., for upgrade and expansion of the Water Pollution Control Plant. Adopted Ordinance No. 34549-110199. (7-0) File #468 A report recommending acceptance of funds from the Virginia Department of Fire Programs, in the amount of$124,239.00, for procurement of materials and equipment for training and development and fire suppression equipment; and appropriation of funds in connection therewith. Adopted Ordinance No. 34550-110199 and Resolution No. 34551-110199. (7-0) File #60-70 A report with regard to the Cox Cable franchise with the City of Roanoke. Adopted Resolution No. 34552-110199. (7-0) File #448 b. DIRECTOR OF FINANCE: 1. A financial report for the month of September, 1999. 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. File #10-247 2. A report recommending appropriation of 1999 Bond funds. Adopted Ordinance No. 34553-110199. (7-0) File #53-60-217-467 6. REPORTS OF COMMITTEES: None. 9 7. UNFINISHED BUSINESS: None. 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, was removed from the table. (The item was tabled at the October 20, 1999, Council Meeting). Council Member Hudson was appointed as the City's representative to the committee. File #132-326-468 ge INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a# 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. Adopted Ordinance No. 34539-110199. (7-0) File #104 Ordinance No. 34532, on second reading, 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 Family Residential District, to C-1, Office District, subject to a certain proffered condition. Adopted Ordinance No. 34532-110199 on second reading. (7-0) File #51 Ordinance No. 34533, on second reading, amending certain conditions presently binding upon property located at 3230 Cove Road, N. W., which property was previously conditionally rezoned to C-2, General Commercial District, pursuant to Ordinance No. 32865-040196. Adopted Ordinance No. 34533-110199 on second reading. (7-0) File 051 l0 do Ordinance No. 34534, on second reading, 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 Fishbum Park to Blue Ridge Public Television, subject to certain terms and conditions. Adopted Ordinance No. 34534-110199 on second reading. (7-0) File #67-373-401 eo Ordinance No. 34535, on second reading, 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. Adopted Ordinance No. 34535-110199 on second reading. (7-0) File #28-468 Ordinance No. 34536, on second reading, 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, S. W., to Bell Atlantic-Virginia, upon certain terms and conditions. Adopted Ordinance No. 34536-110199 on second reading. (7-0) File #20-28-386-468 Ordinance No. 34537, on second reading, 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 to Appalachian Power Company, upon certain terms and conditions. Adopted Ordinance No. 34537-110199 on second reading. (7-0) File #28-29-207-468 9.MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Members Swain and Trout were appointed to serve as City representatives to a committee to discuss a regional economic development project in Montvale, Virginia. File #207-450 0 Vice-Mayor Harris expressed appreciation to Council Member Hudson for his work in chairing the City Manager Search Committee. File #104-132 ® Vice-Mayor Harris extended an apology to any citizen who was offended, due to religious reasons, by his vote to change the observance of Halloween from Sunday, October 31 to Saturday, October 30, 1999. Some members of Council spoke in support of the City Manager meeting with his counterparts in the Roanoke Valley on an annual basis for the purpose of submitting recommendations to their respective governing bodies with regard to holidays and/or religious observances on a regional basis, with the involvement of major stakeholders in the Roanoke Valley. File #87-132 Vacancies on various authorities, boards, commissions and committees appointed by Council. 12 10. OTHER HEARING OF MATTERS: CITIZENS UPON PUBLIC 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. Mr. Aubrey Butler, 4833 Autumn Lane, N. W., and Mr. Douglas Woody, 4851 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 the construction of single-family homes on Autumn Lane. It was the consensus of Council that the matter would be referred to the Acting City Manager for his personal attention, with a follow-up response to Council. File #32-66-200 It was the consensus of Council to hold public hearings on Monday, November 15, 1999, at 7:00 p.m., and Monday, December 6, 1999, at 2:00 p.m., on the question of pay increases for the Mayor and Members of City Council. Prior to the public hearings, the City Attorney was requested to provide the following information: An explanation of the Code of Virginia (1950), as amended, which establishes salaries for the Mayor and Members of Council; 2. A history of pay increases for the Mayor and Members of the Roanoke City Council; and 3. A comparison of salaries of the Mayor and Members of Council with other comparable jurisdictions. File #132 Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., addressed Council in connection with a decision to place a marker containing the words "Historic Gainsboro" at McDowell Avenue and Gainsboro Road. She advised that erroneous and incomplete information was provided to Council and inquired as to the procedure for filing an appeal to a decision of Council. It was the consensus of Council that Ms. Bethel would place, in writing, the alleged erroneous and incomplete information that was provided to Council, and the City Attorney would provide advice in regard to an appeal procedure. File #2-107-178 Vice-Mayor Harris left the meeting prior to the Closed Meeting. Council Member Trout left the meeting during the Closed Meeting. CERTIFICATION OF CLOSED MEETING: (5-0) Anna Wentworth was appointed as a member of the Roanoke Arts Commission for a term ending June 30, 2002. File #15-110-230 Sara Lee was appointed as a member of the Youth Services Citizen Board to fill the unexpired term of Thomas Miller, ending May 31, 2002. File #15-304 Harold H. Worrel, Sr., was appointed as a member of the War Memorial Committee for a term ending June 30, 2000. File 0110-518 Donald C. Harwood was reappointed as a member of the Architectural Review Board for a term ending October 1, 2003. File #15-110-249 14 Lynn D. Avis and Margaret Baker were reappointed as members of the Industrial Development Authority of the City of Roanoke for terms ending October 20, 2003. File #15-110-207 November 1, 1999 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Please reserve space on your 12:15 p.m. agenda for an approximate 40 minute briefing regarding GIS Mapping System. Respectfully submitted, Acting City Manager JDR:KBK:afm CC: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations R RECEIVED CITY CLERF, S OFFICE MEMO OFFICE OF EMERGENCY SERVICES DATE: September 23, 1999 TO: Mary Parker, City Clerk CC: James Ritchie, Actihg City Manager George C. Snead, Public Safety Director FROM: ~ Wanda Reed, Emergency Services Manager SUBJECT: City Council Briefing Mr. Ritchie has requested that we reserve space for a briefing for City Council on Project Impact at the 12:15 p. m. session on November 1. The briefing which will be approximately 7 - 10 minutes will be given by Maureen Castern, Project Impact Coordinator. Please advise if you have questions or need additional information. Thank you for your assistance in this matter. 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) 853-254~ Fax; (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk November 4, 1999 File #132-367 Mrs. Noel C. Taylor 2460 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mrs. Taylor: i am enclosing copy of Resolution No. 34540-110199 memorializing the late Dr. Noel C. Taylor. The Members of Roanoke City Council and the citizens of the City of Roanoke send their deepest regrets upon the passing of Dr. Taylor. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 1, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure IN THE COUNCIL O F THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1999. No. 34.540-110199. A RESOLUTION memorializing the late Dr. Noel C. Taylor, minister, beloved mayor, civic leader, and humanitarian. WHEREAS, the members of Council have learned with sorrow of the passing of Dr. Noel C. Taylor on October 29, 1999; WHEREAS, Noel Calvin Taylor was bom on July 15, 1924, in the Moneta community of Bedford County to the late Noel and Hattie Lee Murphy Taylor, and from his humble beginnings on a farm, through his hard work, became an eloquent orator, an acclaimed and respected minister, a community leader, and undefeated politician, and the longest serving mayor in the history of the City of Roanoke; WHEREAS, Noel C. Taylor was an Army veteran of World War II, a graduate of Bluefield State College, a teacher, an elementary school principal, a graduate of Virginia Seminary and College, earned a masters degree in religious education from New York University Graduate School, a Doctor of Divinity degree from the Virginia Seminary and College, and he was awarded an honorary Doctor of Law degree by Bluefield State College; WHEREAS, Dr. Taylor came to Roanoke in 1961 to become minister at High Street Baptist Church, where he was pastor for thirty-seven years, and was named pastor emeritus of that church; WHEREAS, in 1967, Dr. Taylor became the first black president of the Roanoke Valley Minister's Conference, and he was active in numerous church and denominational groups and activities; H:XMEASUR~Skr-nct.3 WHEREAS, in the 1960's, Dr. Taylor was instrumental in ending racial segregation of the City's buses, lunch counters, schools, and other public facilities, and in his quiet, diplomatic style, was a master of bringing people together and developing consensus; WHEREAS, in 1970, Dr. Taylor became the first black to be elected to City Council, and after being elected Vice-Mayor in 1974, was appointed on October 27, 1975, to fill the unexpired term of Mayor Roy L. Webber, who died in office. Afterwards Dr. Taylor was elected to serve four consecutive four-year terms as Mayor - - a total of twenty-two years on Council, seventeen of those as Mayor; WHEREAS, Dr. Taylor served the City tirelessly as Mayor, acting as an ex-officio member of all of City Council's committees, and he shepherded the City through a period of intense redevelopment, revitalization and expansion of its territory, during which time Roanoke was awarded the All-America City designation three times; WHEREAS, Dr. Taylor served his community in a myriad of ways, including service as a member of the American Baptist Convention; the National Baptist Convention; the Lott Carey Baptist Foreign Missions Convention; the Roanoke Valley Minister's Conference; the Baptist Minister's Conference of Roanoke, Vinton, Salem and Vicinity; the Virginia College Board of Trustees; Board of Directors of the American Red Cross; Board of Directors of Blue Cross and Blue Shield of Southwestern Virginia; President of the Oppommities Industrialization Center of the Roanoke Valley; member of the Virginia Baptist State Convention; Judicial Selection Commission for the Western District of Virginia; Moderator of the Valley Baptist Association; member of the Board of Directors of the Baptist Children's Home; Board of Directors of the Dominion Bank of Virginia; Blue Ridge Mountains Council of the Boy Scouts of America; Board of Managers of the Virginia Seminary; Board of Hunton YMCA; Virginia Coal Research and Development Advisory Committee; President and Member of the Virginia Municipal League (VML), member of the League's Executive Committee; Chairman of the VML Transportation Policy Committee; member of the VML Task Force on Property Tax, Local Government Advisory Council's Committee on Administration and Finance; the Advisory Board of the Central YWCA; and Virginia Tech Board of Visitors. WHEREAS, Dr. Taylor will always be remembered with affection as "Mr. Mayor" by all who knew him and were touched by his many kindnesses. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Dr. Noel C. Taylor, and extends to his wife, Barbara Smith Taylor, and his two daughters, Deseree C. Taylor and Sabrina Taylor Law, and his many surviving family members, the deepest sympathy of this Council. 2. The City Clerk is directed to forward an attested copy of this resolution to Dr. Taylor's widow. ATTEST: City Clerk. l:~r-nct. 3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1999. No. 34541-110199. A RESOLUTION memorializing the late Reverend Ottawa R. Pullen. WHEREAS, the members of Council have learned, with sorrow, of the passing on October 11, 1999, of Reverend Ottawa R. Pullen; WHEREAS, Reverend Pullen was the former pastor of First Baptist Church of Elliston and Blue Ridge Baptist Church of Blue Ridge; WHEREAS, Reverend Pullen, a veteran of the United State Air Force, was also a long-time member of the Golden Chorale Chorus, a singer with the Four Sounds, and lead singer for the Aristocrats; WHEREAS, Reverend Pullen, through his ministries and through his personal life, touched and affected many other lives, and he was loved by members of his congregations and others in the community; and WHEREAS, this Council desires to take special note of his passing and to pay respect to the memory of this religious leader. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this means of recording its deepest regrets at the passing of the late Reverend Ottawa R. Pullen and extends to Mrs. Evelyn Pullen, his wife of 58 years, and their children, Reverend Ottawa R. Pullen, Jr., Earl Pullen, and Fran Pullen Regis, the sympathy of this Council and that of the citizens of this City. 2. The City Clerk is directed to forward and attested copy of this resolution to Mrs. Pullen. ATTEST: City Clerk. 11/01/19~9 04:14 $09-66?-?968 CLARA BARTON SCHCOL PAGE P. O2 NOU-Ol-1999 08:57 689 667 7968 97b Given under our hands and the Seal of the City of Roanoke this first day of November nineteen hundred and ninety-nine. WttEREAS, all children need love, support, security, and a place to call home, where they are entitled to grow and to develop in a family that can meet their needs; and WHEREAS, approximately 7000 children in the Commonwealth of Virginia live away from their birth families in substitute care, and more than 1300 of these children cannot return to their birth families and need the security and nurturing that a permanent family can provide; and WHEREAS, many families are able and willing to adopt waiting children; however, many of the children wait longer to be placed because they are minorities, older, or of a sibling group; and WHE~S, the hope of our children lies in communicating their needs to the local community. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim the month of November, 1999, throughout this great All- America City, as ADOPTION AWARENESS MONTH. AITEST: Mary F. Parker City Clerk David A. Bowers Mayor E~T-Z¥-1999 0?:5? ROANOKE ,3]TY MANAGER i5488531i38 P.02.,02 On Tuesday, July 27, 1999, Ms. Virginia Monganbarton, was delivering mail on Marshall Avenue, S. W. She entered a residence and was proceeding up a staircase to a handicap resident's box when she heard a noise from inside the residence. Ms. Monganbarton completed the delivery and was departing when she heard someone call out for "HELP." After talking with the resident, she discovered that his wheelchair was broken and he could not get to the phone or door. She attempted to gain entry to the residence, but the doors and w/ndows were closed and locked. Ms. Monganbarton subsequently told the resident that she was leaving to get help, and went to summon local emergency personnel. She then returned to the residence to stay with the individual until emergency personnel amved. The weather during that time of the summer was extremely hot with the National Weather Service issuing heat advisories. The resident had been trapped in his apartment since Sunday evening with all doors and windows seethed. His wheelchair was damaged so extensively that he was unable to move to obtain food, water, or help for himself. The actions of Ms. Virginia Monganbarton reflect great citizenship and credit upon herself. TOTAL P.02 0CT-29-1999 09:56 154E~3531138 98X P.02 JAMES D. GRISSO Director of Finance October 1, !999 CITY OF ROANOKE DEPARTMENT OF I~INANCE 215 Church Avenue, S.W., F. oom 461 R O. Sox 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 RECEIVED CITY UL~,,..~ OFFiL, E '99 OOT-1 P5:23 JESSE A. HALL Deputy Director Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: We would appreciate you Joining us in congratulating Jesse Hall, Deputy Director of Finance, as the newly elected state president of the Virginia Government Finance Officers Association (VGFOA). The annual conference was held (September 29 through October 1, 1999) at our Hotel Roanoke Conference Center. As the president-elect, Jesse, is the primary reason this annual conference was conducted in our City. Several of our local leaders participated in the conference (Honorable Mayor Bowers, former City Attorney, Will Dibling, and former Chief of Economic Development, Phil Sparks). Jesse has been an active member of the VGFOA for more than twenty years and is the fourth City of Roanoke finance official that has served as president of this state organization. As you know, Jesse is a twenty-five year employee with our City, a Certified Public Accountant with an MBA degree from VlrglniaTech. He currently serves as one of your appointed representatives to the Roanoke Valley Detention Commission and has provided siglatflcant financial leadership to ensure the successful completion of the renovated juvenile Detention Home. We congratulate Jesse upon his election and know that he will have a successful year as President of the VGFOA. Sincerely, ~es 'D. Grisso Director of Finance C: James D. Rltchie, Acting City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Honorable Mayor and Members of City Council October 1, 1999 Page 2 C: Robert H. Bird, Municipal Auditor Wlllard N. Claytor,, Director Real Estate Valuation The Honorable David C. Anderson, City Treasurer The Honorable Donald S. Caldwell, Commonwealth's Attorney The Honorable A. 'Bert' Crush, III, Clerk of the Circuit Court The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable George M. McMillan, City Sheriff Diane S. Akers, Acting Assistant City Manager Kit B. Kiser, Director, Utilities and Operations George C. Snead, Director, Public Safety Glenn B. Radcliffe, Director, Human Development Robert If. Bengtson, Director, Public Works Dana Long, Chief, Billings and Collections, and Staff Joyce Sparks, Retirement Administrator, and Staff Ann H. Allen, Manager of Accounting Services, and Staff Leadership Team Members REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL August 2, 1999 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, August 2, 1999, at 12:15 p.m. the regular meeting hour, with Vice-Mayor C. Nelson Harris 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 Carroll E. Swain, James O. Trout, Linda F. Wyatt, W. Alvin Hudson, Jr., and Vice-Mayor C. Nelson Harris ....................................... 5. ABSENT: Mayor David A. Bowers and Council Member William White, Sr.-2. OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. VIRGINIA'S FIRST REGIONAL FACILITY AUTHORITY: The Acting City Manager introduced a briefing on the progress of Virginia's First Regional Industrial Facility Authority. He advised that regional commerce parks were identified during the New Century Council visioning process a few years ago as a need for the entire region, and establishment of multiple regional parks within the New Century Region became a core objective of the study. He stated that in 1997, the Virginia Regional Industrial Facilities Act was approved by the General Assembly and the concept of regional parks became a reality under Virginia law allowing multiple jurisdictions in the New Century Region to enter into agreement and to form industrial facilities authorities. He added that Council Member James O. Trout and Phillip F. Sparks, Chief of Economic Development, have represented the City of Roanoke on a study team and attended monthly planning meetings since February 1998, along with representatives from 16 other participating localities. He explained that the study committee agreed to separate the formation of the Industrial Facilities Authority from the proposed Commerce Park project and the City of Roanoke agreed to pay an initial fee of $5,000.00 to participate in the Industrial Facility Authority. He stated that the localities are now deciding whether or not to participate in the Commerce Park development and an agreement is being negotiated between those localities desiring to participate. He introduced David W. Rungren, Executive Director, New River Valley Planning District Commission, who presented a briefing on the project. Mr. Rungren advised that Virginia's First Industrial Facilities Authority was created by 15 localities extending from Bland, to Wytheville, to Roanoke, Salem and Roanoke County in terms of geography along the Fifth Planning District. He stated that the Authority is separate from the project and was established in such a way so as to create numerous projects. He further stated the 15 member jurisdictions comprising Virginia's First Regional Industrial Facilities Authority is looking at sites that can compare with those sites that can be found in eastern Virginia, approximately 1100 acres are under public option, and the project is associated with the New River Valley Airport. He advised that it is proposed to acquire approximately 331 acres initially in Phase I of the project, with continuing options on about 739 acres, construction of a mile of four lane entrance road into the site, grading of about 40 acres of demonstration site to show soil and rock conditions, planning for a 150 acre pad on the initial 280 acres with 20 aces graded; and planning an adjacent 200 acre pad on the next site with 20 aces graded on the existing county site. He stated that there would be two sites initially, a 150 acre site and a 200 acre site, followed by planning and acquisition for up to six million gallons a day of water and sewer capacity to the site. He advised that Virginia's First Regional Industrial Facilities Authority has, as its mission, to provide regional industrial facilities of a size and scope which member jurisdictions cannot individually provide. He further advised that the General Assembly passed the Regional Industrial Facilities Act in 1997; Pulaski County received about $160,000.00 in state and private funds to prepare the initial facility study which was completed in December 1997; Virginia's First Authority was completed in December 1997; Virginia's First Authority was created' on September 24, 1998, and 15 local governments became operational in December; geotechnical analysis was completed on the site south of the New River Valley Airport in November 1998; $1.375 million was awarded by the state in April 1999 and the Commerce Park is one of three grants awarded statewide; and initially, the target date for completion of the agreement was August 17, 1999, however, an extension has been requested for an additional 60 days. Mr. Rungren stated that the site is located off Route 100 between the New River Valley Airport and Dublin; 150,000 shares are being offered to 15 localities, for a 10,000 share average in the initial offering, followed by a second offering to the remaining localities, then offered to the host community and then to others as non- voting. He further stated that the cost estimate is $2.75 per share including loan payments for a guaranteed loan and a direct loan from rural development which represents a little over $4 million, and after the first expiration of the guaranteed loan, the amount will drop. He explained that the budget includes approximately $6.9 million for development costs. 2 Regarding the revenue sharing plan, Mr. Rungren stated that the host locality will retain real estate tax, and machinery and tools tax will be shared among localities, with the host locality to retain five per cent of the machinery and tools tax, Virginia's First Authority will retain one per cent of the machine and tools tax, and participating localities will share the remaining machinery and tools tax based upon share ownership. Mr. Rungren advised that the advantages of the Commerce Park are: a regional endeavor to achieve a major industrial site, unachieveable by a single locality; sharing costs make the project affordable to most members; and could provide employment for technical/magnet school, NRCC and university graduates. Mr. Rungren presented the following status report in regard to participation by Virginia localities: Bland County - will not participate in the initial phase of the project Craig County - has committed to 2000 shares Giles County - has committed to participate but has not decided on the number of shares Montgomery/Pulaski County has committed to 10,000 shares Roanoke County - undecided Wythe County - has committed to 9,000 shares City of Radford - has committed to 7,950 shares City of Roanoke - undecided City of Salem - undecided Christiansburg - will not participate in Phase I of the project Town of Dublin - will participate 3 Town of Narrows - will not participate Town of Pearisburg - has committed to 2000 shares Town of Pulaski - has committed to 7,273 shares He advised that approximately 50,000 shares out of 150,000 shares have been spoken for. The Acting City Manager explained that it is anticipated that the matter will be presented to Council for action within 30 days through a formal report and recommendation. Mr. Trout noted that it will take approximately ten years before a locality will realize any dividends and the 10,000 shares will cost the City of Roanoke $27,500.00 annually. At 12:50 p.m., the Vice-Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, August 2, 1999, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Vice-Mayor Harris presiding-- PRESENT: Council Members Carroll E. Swain, James O. Trout, Linda F. Wyatt, W. Alvin Hudson, Jr. and Vice-Mayor C. Nelson Harris ....................................... 5. ABSENT: Mayor David A. Bowers and Council Member William White, Sr.-2. OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend Jeff Wilson, Pastor, West End United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Harris. CONSENT AGENDA The Vice-Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He 4 ACTION: ACTION: called specific attention to one request for a Closed Meeting to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the Financial Planning Session of City Council held on Saturday, March 20, 1999; the regular meetings of City Council held on Monday, April 5, 1999, and Monday, April 19, 1999; the meeting of the Roanoke City Council Personnel Committee held on Wednesday, April 21, 1999; and the Public Interview of School Board applicants held on Wednesday, April 21, 1999, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) Mr. Trout moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice- Mayor Harris ................................................................................ 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Council Member White were absent.) COMMITTEES-COUNCIL: A communication from Vice-Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(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. Trout moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: 5 AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice- Mayor Harris ................................................................................ 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Council Member White were absent.) POLICE DEPARTMENT-COMPLAINTS: A joint report of the Acting City Manager and the City Attorney advising that on February 16, 1999, Scoff Johnson appeared before Council in connection with arrests in Wasena Park for solicitation to commit sodomy; and Mr. Johnson contended that the police should not enforce the anti-solicitation law because such activity results in selective enforcement against gay men, was before Council. It was further advised that according to the Police Department, over the past several years, the Vice Bureau has received numerous complaints from businesses in Valley View Mall and City parks concerning men engaging in sexual activities in bathrooms and other public areas; of the complaints, some concerned sexual propositioning by adult men of adolescents; one included an individual who claimed that he had been molested by a man while at Wasena Park; over the past few years, several arrests have been made for misdemeanor offenses including sexual' battery and indecent exposure; and unfortunately, these arrests do not appear to have significantly deterred public sex in the parks or bathrooms. It was noted that working with the Commonwealth's Attorney's Office, the Police Department undertook an investigation which resulted in charges against 17 adult men for soliciting others to commit sodomy, as defined in Virginia law; the department estimates that 27 hours were spent on the investigation; one additional charge has been brought against a man for soliciting homosexual sex, and one additional charge has been brought against a woman for soliciting heterosexual sex; in each of the cases referenced above, the charges were brought under State Code provisions, specifically, §18.2-29 of the Code of Virginia (1950), as amended; and no City ordinances were involved in the prosecutions. It was explained that legal challenges have been brought by the defendants in their criminal cases; these challenges include claims that the State statute is unconstitutional and that the statute is being unlawfully enforced; the local Circuit Court has rejected all of these 6 ACTION: challenges; after the rulings upholding the statutes, some of the defendants have entered pleas of nolo contendere, thereby acknowledging guilt for purposes of criminal charges, and one of the other defendants has been found guilty by a jury; several of those defendants have appealed their convictions; and charges are pending against the remaining defendants. The Acting City Manager and the City Attorney submitted that the judiciary is the appropriate agency for determining whether the statute should be overturned; police investigation into sexual activities in Wasena Park was based upon a clear concern for the appropriate use of the City's parks; City parks are designed to provide a wholesome and relaxing recreational area for citizens of all ages; and sexual activity, including using park bathrooms for planning and soliciting sex, has no place in such public areas. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that the report be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice- Mayor Harris ................................................................................ 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Council Member White were absent.) CITY EMPLOYEES-PERSONNEL DEPARTMENT-CULTURAL SERVICES COMMITTEE-SCHOOLS-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: I. B. Heinemann as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2002; Beverly A. James as a member of the Cultural Services Committee for a term ending June 30, 2000; and Charles W. Day and Brian J. Wishneff as Trustees of the Roanoke City School Board for terms of three years, each, commencing July 1, 1999 and ending June 30, 2002. 7 ACTION: (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. Trout moved that the reports of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice- Mayor Harris ................................................................................ 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Council Member White were absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: TRAFFIC-COMPLAINTS: Mr. Kermit S. Shriver, 816 Riverland Road, S. E., addressed road conditions in the vicinity of 816 Riverland Road, S. E., and advised that within the last five years, four solid brick columns have been damaged and the steel guard rail has been hit on several occasions as the result of accidents that occurred between the hours of 12:30 a.m. and 3:30 a.m. by drivers who were operating a vehicle while under the influence of alcohol. He requested that the City make the necessary improvements to Riverland Road to improve driving conditions and to insure the safety of motorists and pedestrians. Without objection by Council, the Vice-Mayor advised that the matter would be referred to the Acting City Manager for investigation and report to Council. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: 8 HOUSING/AUTHORITY: The Acting City Manager submitted a written report advising that HOPE VI is a public housing rehabilitation assistance program of the U. S. Department of Housing and Urban Development (HUD); the Roanoke Redevelopment and Housing Authority (RRHA) has received a $15.1 million HOPE VI grant for use in rehabilitating and enhancing the Lincoln Terrace public housing development; an environmental review must be completed before the Housing Authority can draw any of the grant funds; the City of Roanoke is designated as the "responsible entity" for conducting the review under applicable environmental regulations, even though the grant recipient is the RRHA; and the City may decline to conduct the review, in which case the RRHA is required by applicable environmental regulations to request that HUD assume the task. Itwas further advised that the Housing Authority's HOPE VI grant period began on January 11,1999, and ends on July 11,2003; the RRHA has asked the City to procure a firm to conduct the review; the RRHA will fund the costs of the review; should the City decline, HUD will engage the U. S. Army Corps of Engineers for the review; however, due to its current backlog of projects, a two-year or longer delay is expected before the Army Corps of Engineers could perform the review; City staff met on April 27 to assess the risks to the City if it agreed to the request of the Housing Authority; the risks concern whether, by procuring the environmental consultant, the City would take on any responsibility for remediating any conditions revealed or exacerbated by the consultant in performing the review; and City staff found the risks to be manageable and acceptable and recommended to City management that it consider moving forward with the RRHA request. The Acting City Manager recommended that he, or his designee, be authorized to procure environmental review services as requested by the Roanoke Redevelopment and Housing Authority, contingent upon successful negotiation and execution of an agreement with the RRHA specifying the terms and conditions regarding payment mechanisms, limitations of City risks and other necessary provisions, to be approved as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: 9 (#34414-080299) A RESOLUTION authorizing the City Manager to obtain an environmental consultant to provide environmental review services, as requested by the Roanoke Redevelopment and Housing Authority (RRHA), in connection with the Lincoln Terrace HOPE VI Project, upon certain terms and conditions; and to execute a contract between the City and the RRHA in connection with such consultant's services. ACTION: (For full text of Resolution, see Resolution Book No. 62, page 131.) Mr. Trout moved the adoption of Resolution No. 34414-080299. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice- Mayor Harris ................................................................................ 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Council Member White were absent.) BUDGET-GRANTS-YOUTH: The Acting City Manager submitted a written report advising that Council authorized approval of the fiscal year 1998-99 Annual Update to the Consolidated Plan pursuant to Resolution No. 33873-051198 and appropriated funds pursuant to Ordinance No. 33874-061598; the Southeast Community Center project was approved to receive $120,000.00 during fiscal year 1998-99, to allow for a collaborative community effort to provide a community center in the southeast area of the City of Roanoke; anticipated lead agencies were to be the Presbyterian Community Center and the Boys and Girls Club; the Presbyterian Community Center also requested $10,000.00 for the Family Transportation Assistance Program, which funding was approved; and cooperation between the Presbyterian Community Center, the Boys and Girls Club, and Roanoke City staff has been ongoing to discuss the best use of CDBG funds. It was further advised that the Office of Grants Compliance staff recommended and received the City Administration's approval to follow through with the recommendation of splitting the unspent $120,000.00 between the Presbyterian Community Center and the Boys and Girls Clubs of Roanoke Valley; and Council approved an amendment to the 10 ACTION: fiscal year 1998-99 Annual Update to the Consolidated Plan and authorized execution of an agreement between the City of Roanoke and the Boys and Girls Club of Roanoke Valley for $60,000.00, pursuant to Resolution No. 34351-062199. It was explained that the Presbyterian Community Center (PCC) has entered into an agreement with the owner of the building located at 1228 Jamison Avenue, S. E., to lease additional space in order to expand its services; the Center is requesting that CDBG funds be used for renovation costs of the additional space; program changes and eligibility requirements made it difficult to use the $10,000.00 approved for the Family Transportation Assistance Program, and the Office of Grants Compliance recommended that these funds be used toward renovation costs; the Presbyterian Community Center is ready to enter into an Agreement for the use of the $60,000.00 and the $10,000.00, for a total of $70,000.00 CDBG funds to be used for renovation costs; and it is anticipated that these funds will leverage approximately $179,779.00 in private funds. The Acting City Manager recommended that he be authorized to execute a CDBG Agreement with the Presbyterian Community Center and any necessary amendments thereto, to be approved as to form by the City Attorney; any such amendments shall be within the limits of the funds appropriated by Council and for the purposes as set forth in the Agreement for the project; and authorize the Director of Finance to transfer $10,000.00 from Account No. 035-099-9938-5172, Family Transportation Assistance, to Account No. 035-099-9937-5149, ($60,000.00) Southeast Youth Center Project, for a total cost of $70,000.00. (For full text, see report on file in the City Clerk's Office.) Mr. TrOut offered the following emergency budget ordinance: (#34415-080299) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 132.) Mr. Trout moved the adoption of Ordinance No. 34415-080299. The motion was seconded by Mr. Swain and adopted by the following vote: 11 ACTION: AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice- Mayor Harris ................................................................................ 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Council Member White were absent.) Mr. Trout offered the following resolution: (#34416-080299) A RESOLUTION authorizing the appropriate City officials to enter into a Community Development Block Grant (CDBG) Agreement, and any necessary amendments thereto, with the Presbyterian Community Center, Inc., upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 62, page 133.) Mr. Trout moved the adoption of Resolution No. 34416-080299. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice- Mayor Harris ................................................................................ 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Council Member White were absent.) HOUSING/AUTHORITY-GRANTS: The Acting City Manager submitted a written report advising that historically, the Roanoke Redevelopment and Housing Authority (RRHA) has administered a variety of HOME programs for the City, including housing rehabilitation and homebuyer assistance; Council authorized the RRHA's 1999-2000 HOME activities and funding as part of the Annual Update to the Consolidated Plan (Annual Update) approved for submission to the U. S. Department of Housing and Urban Development (HUD) on May 11, 1999, pursuant to Resolution No. 34281-051199; Council accepted the 1999-2000 HOME funds on June 21, 1999, pending receipt of the approval letter from HUD, by adopting Resolution No. 34355-062199 and Budget Ordinance No. 34354-062199; HUD approval of the Annual Update is forthcoming; and the letter of approval is completing the routine Congressional release process. 12 ACTION: It was further advised that a total of $830,857.00 in HOME funds has been budgeted for the RRHA's 1999-2000 HOME Agreement; an additional $133,954.00 in Community Development Block Grant (CDBG) funds for staffand other support costs directly attributable to delivering the HOME activities is being budgeted under a separate CDBG Agreement with the RRHA to be authorized by Council; HOME funds require a 12.5 per cent match, which does not apply to "administrative" funds; and match requirement for the Housing Authority contract will be $63,988.00. The Acting City Manager recommended that he be authorized to execute the 1999-2000 HOME Agreement with the Roanoke Redevelopment and Housing Authority, to be approved as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34417-080299) A RESOLUTION authorizing the appropriate City officials to enter into the 1999-2000 HOME Investment Partnership (HOME) Program Agreement with the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 62, page 134.) Mr. Trout moved the adoption of Resolution No. 34417-080299. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice- Mayor Harris ................................................................................ 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Council Member White were absent.) HOUSING/AUTHORITY-GRANTS: The Acting City Manager submitted a written report advising that historically, the Roanoke Redevelopment and Housing Authority (RRHA) has administered numerous CDBG and HOME Investment Partnerships (HOME) activities for the City, including housing rehabilitation and economic development activities; Council authorized the RRHA's 1999-2000 13 ACTION: CDBG activities and funding as a part of the Annual Update to the Consolidated Plan (Annual Update) approved for submission to the U. S. Department of Housing and Urban Development (HUD) on May 11, 1999, pursuant to Resolution No. 34281-051199; Council accepted the 1999-2000 CDBG funds on June 21, 1999, pending receipt of the approval letter from HUD, by adopting Resolution No. 34349-062199 and Budget Ordinance No. 34348-062199; HUD approval of the Annual Update is forthcoming; and the letter of approval is completing the routine Congressional release process. It was further advised that a total of $739,513.00 in CDBG funds has been budgeted for the Roanoke Redevelopment and Housing Authority's 1999-2000 CDBG Agreement. The Acting City Manager recommended that he be authorized to execute the 1999-2000 CDBG Agreement with the Roanoke Redevelopment and Housing Authority, to be approved as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34418-080299) A RESOLUTION authorizing the appropriate City officials to enter into the 1999-2000 Community Development Block Grant (CDBG) Funding Administration Agreement with the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 62, page 134.) Mr. Trout moved the adoption of Resolution No. 34418-080299. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice- Mayor Harris ................................................................................ 5. NAYS: None ............. -. ......................................................... 0. (Mayor Bowers and Council Member White were absent.) 14 Council Member Swain requested a report on costs incurred by the City for the Gainsboro Professional Park. BUDGET-VIRGINIA TRANSPORTATION MUSEUM: The Acting City Manager submitted a written report advising that the Virginia Museum of Transportation (VMT) submitted an application in January, 1998, to the Virginia Department of Transportation (VDOT) for Enhancement Program funds for renovations, additions and improvements to the existing railside yard of the Museum's main facility; Council endorsed the Museum's application at its meeting on January 20, 1998, pursuant to Resolution No. 33708-012098; Enhancement Program funds, in the amount of $386,000.00, were approved by VDOT in June, 1998, for the Transportation Museum's project; all subsequent VDOT agreements related to use of the funds are made with the City of Roanoke rather than the Virginia Museum of Transportation; the 1994 Roanoke City Bond Referendum included $813,000.00 for the Transportation Museum to be matched dollar for dollar by the VMT; and enhancement program funds obtained by the Transportation Museum serve as its match to City bond funds. It was further advised that VDOT forwarded a Project Administration Agreement to the City of Roanoke in May, 1999, for execution and the City Manager's authority to execute the agreement was provided pursuant to Resolution No. 33708-012098 adopted on January 20, 1998; the agreement includes the $386,000.00 allocated by VDOT, for which a receivable account must now be established in the same amount and the agreement developed between the Virginia Museum of Transportation and the City allows the Museum to forward invoices for its project exPenditures to the City, after which the City invoices VDOT, VDOT pays the City's invoice, and the City then reimburses the Transportation Museum. The Acting City Manager recommended that Council appropriate $386,000.00 to Account No. 008-052-9650, Virginia Museum of Transportation; and establish a receivable account of $386,000.00 from VDOT. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: 15 ACTION: (#34419-080299) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 135.) Mr. Trout moved the adoption of Ordinance No. 34419-080299. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice- Mayor Harris ................................................................................ 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Council Member White were absent.) SEWERS AND STORM DRAINS: The Acting City Manager submitted a written report advising that the Roanoke River Interceptor Sewer Replacement project is part of the renovation and expansion of joint use sewer facilities considered by Council at its meeting on December 13, 1993; the Roanoke River Interceptor Sewer Replacement project replaces the existing interceptor sewer from the Water Pollution Control Plant to the Salem City limit; and the Agreement for Consultant Services between the City of Roanoke and Black and Veatch is dated October 10, 1994. It was further advised that the Roanoke River Interceptor Sewer Replacement project is currently under construction and is approximately 75 per cent complete; the original agreement with Black & Veatch provided for 18 months of construction administration and inspection services; and proposed Amendment No. 4 will provide for an additional six months of construction administration services at a rate of $18,000.00 per month, on a total contract value of $108,000.00. The Acting City Manager recommended that he be authorized to execute Contract Amendment No. 4, in a form to be approved by the City Attorney, with Black & Veatch, in the amount of $108,000.00, for an additional six months of construction administration services, at a rate of $18,000.00 per month; and transfer $108,000.00 from Roanoke River Interceptor Sewer, Account No. 003-056-8484, to Roanoke River Interceptor Sewer, Account No. 003-056-8469. 16 ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34420-080299) A RESOLUTION authorizing the City Manager's issuance of Amendment No. 4 to the City's contract with Black & Veatch, for additional engineering services for the Roanoke River Interceptor Sewer Replacement Project. (For full text of Resolution, see Resolution Book No. 62, page 136.) Mr. Trout moved the adoption of Resolution No. 34420-080299. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice- Mayor Harris ................................................................................ 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Council Member White were absent.) SEWERS AND STORM DRAINS: The Acting City Manager submitted a written report advising that the Roanoke River Interceptor Sewer Replacement project is part of the renovation and expansion of joint use sewer facilities considered by Council at its meeting on December 13, 1993; the Roanoke River Interceptor Sewer Replacement project replaces the existing interceptor sewer from the Water Pollution Control Plant to the Salem City limit; Contracts C, D, and E were awarded to Casper Colosimo & Son, Inc., with a contract date of March 16, 1998; and the contracts provide for replacement of the existing Roanoke River interceptor from Wasena Park at Winchester Street to the Salem City limit and represent a total of 20,245 feet (3.8 miles) of sewer replacement, which is 39.0 per cent of the total project length of 51,870 feet (9.82 miles). It was further advised that the project has progressed well to date and is approximately 75 per cent complete with a scheduled completion date of September 23, 1999; the proposed sewer crosses under Norfolk Southern tracks at two locations, one crossing at the railroad bridge over the Roanoke River west of Bridge Street and the 17 other crossing ata railroad bridge near Peters Creek; proposed Change Order No. 5 will provide for tunnel grouting, at a total cost of $34,980.90; and construction cost of the project (Contracts C, D, and E) is estimated as follows: Initial Contract Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Proposed Change Order No. 5 $12,931,078.00 19,200.00 63,420.00 250,944.29 654,974.32 34,980.90 Total $13,954,597.51 Total Change Orders to date, including proposed Change Order No. 5, are equivalent to 7.4 per cent of the initial agreement value. 1. Contract contingency fund statues: Contingency $ 646,554.00 Mobile Home Relocations 400,000.00 Railroad Flagging and Construction 75,000.00 Change Order Nos. I through 4 ( 988,538.00) Proposed Change Order No. 5 ( 34,981.00) Available contingency after this Change Order $ 98,035.00 The proposed Change Order cost is appropriated between the participating jurisdictions as follows: City of Roanoke City of Salem Roanoke County 36.7% $ 12,837.99 33.7% 11,788.56 29.6% 10,354.35 Total $ 34,980.90 The Acting City Manager recommended that he be authorized to execute Change Order No. 5, in a form to be approved by the City Attorney, with Casper Colosimo & Son, Inc., in the amount of $34,980.90 and zero additional calendar days of contract time. (For full text, see report on file in the City Clerk's Office.) 18 ACTION: Mr. Trout offered the following emergency ordinance: (#34421-080299) AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 5 to the City's contract with Casper Colosimo & Son, Inc., for the Roanoke River Interceptor Sewer Replacement Contracts C, D & E; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 137.) Mr. Trout moved the adoption of Ordinance No. 34421-080299. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice- Mayor Harris ................................................................................ 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Council Member White were absent.) BUDGET-FIRE DEPARTMENT-EMERGENCY MEDICAL SERVICES: The Acting City Manager submitted a written report advising that on July 6, 1998, Council authorized the City Manager to enter into a two- year agreement to participate in a Level III Regional Response Team; on July 13, 1998, the City Manager and the State Coordinator of Emergency Services entered into the agreement, effective until June 30, 2000, unless terminated upon 30 days written notice by either party; the agreement specifies that the City of Roanoke, as well as all participating localities in a regional response team will receive "pass- through funding" from the Virginia Department of Emergency Services (VDES) to assist with the purchase of equipment, physicals, and attendance at training programs necessary to comply with mandates set by Federal OSHA and Virginia Department of Emergency Services (VDES); and pass-through funding totaling $15,000.00 has been received from VDES by the City of Roanoke and deposited in Revenue Account No. 035-050-3222-3222. It was explained that the City of Roanoke and the City of Salem will coordinate purchase of equipment for the Hazardous Materials Regional Response Team, in order to avoid duplication of expensive equipment and allow for compatibility of equipment purchased; and 19 ACTION: training classes are coordinated through hazardous materials officers for the respective jurisdictions in conjunction with the Virginia Department of Emergency Services. The Acting City Manager recommended that Council accept the Hazardous Materials Regional Response Team grant of $15,000.00; and appropriate $15,000.00 under the Hazardous Response Materials Response Team Grant (Account Nos. 035-050-3222-2035, 035-050-3222- 2110 and 035-050-3222-2044) and increase the revenue estimate by $15,000.00, as follows: $3,300.00 $8,000.00 $3,700.00 Other Equipment Employee Physicals Training and Development (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34422-080299) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 138.) Mr. Trout moved the adoption of Ordinance No. 34422-080299. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice- Mayor Harris ................................................................................ 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Council Member White were absent.) DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the fiscal year 1999 unaudited financial report advising that General Fund revenues for fiscal year 1999 total $172,462,547.00; collections exceeded the revenue estimate by 1.44 per cent or $2,449,647.00; and total General Fund revenues increased 5.94 per cent over fiscal year 1998. 2O It was further advised that General Fund expenditures and encumbrances totaled $173,670,157.00; unencumbered appropriations were $2,139,224.00 or 1.22 per cent of the General Fund budget; School Fund revenues for fiscal year 1999 total $92,915,221.00; collections exceeded the revenue estimate by 0.20 per cent or $189,086.00; school expenditures and encumbrances totaled $94,135,784.00; unencumbered appropriations were $895,502.00 or .85 per cent of the School Fund budget; and the fiscal year 1999 year end designated fund balances for Capital Maintenance and Equipment Replacement (CMERP) for the General Fund and School Fund per the requirements of Ordinance No. 26292 are as follows: General Fund City Operations School Operations Local Tax Revenues $ 2,081,350.00 $ 976,652.00 Over Estimate Non-Local Tax Revenues · ( 608,355.00) Under Estimate Unobligated $ 2,139,225.00 Appropriations School Fund Revenues Over Estimate $ - $ 189,086.00 Unobligated - 895,502.00 Appropriations Fund Balance Transfers Reserve for Uninsured Claims Adjustment to Reserve for Worker's Comp Claims CSA Program Settle-Up Adjustment Capital Maintenance and Equipment Replace- ment Funding Available $ (250,000.00) $ (8,194.00) (38,810.00) (38,810.00) $3,323,410.00 $2,091,856.00 The amounts shown above for fiscal year 1999 are unaudited and are subject to change during the course of the City's annual external audit. The Director of Finance advised that he looks forward to prioritizing and recommending to Council the most critical maintenance and equipment replacement needs during fiscal year 2000. 21 ACTION: (For full text, see reports on file in the City Clerk's Office.) Mr. Hudson moved that the year end designated fund balance, with the exception of those funds identified for school operations, will be placed in a special account pending review by Council; and, in the event of an emergency, funding requests will be submitted by the Acting City Manager to Council to be addressed on an individual basis. The motion was seconded by Mr. Trout and adopted. REPORTS OF COMMITTEES: SEWERS AND STORM DRAINS: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for execution of a contract with Robinson Pipe Cleaning Company to remove, transport and dispose of sludge from the lagoons at the Water Pollution Control Plant, 1402 Bennington Street, S. E.; whereupon, he recommended that Council approve the following actions: Authorize the Acting City Manager to enter into a contractual agreement, in a form to be approved by the City Attorney, with Robinson Pipe Cleaning Company for removal of sludge from the lagoons at the Water Pollution Control Plant and properly dispose of a minimum of 10,000 dry tons of sludge in one year, at the unit price of $84.47 per dry ton, for a minimum contract amount of $844,700.00 and one year contract time, in accordance with contract documents as prepared by the Office of City Engineer. Authorize encumbrance of funding totaling $1,000,994.00 which is 11,850 dry tons; the additional 150 dry tons will be funded from other accounts as approved by the Director of Utilities and Operations. Funding of $1,000,944.00 is available in Account No. 003- 056-3150-2010. Reject all other bids received by the City. The Acting City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) 22 ACTION: Mr. Swain offered the following emergency ordinance: (#34423-080299) AN ORDINANCE accepting the bid of Robinson Pipe Cleaning Company for furnishing all tools, labor, machinery and material necessary to remove, transport and dispose of digested sludge from the Water Pollution Control Plant, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 139.) Mr. Swain moved the adoption of Ordinance No. 34423-080299. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice- Mayor Harris ................................................................................ 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Council Member White were absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 34406, amending proffers presently binding upon 60.53 acres of land located between 1-581 and Franklin Road, S. W., identified as Official Tax Nos. 1290105, 1290107, 1290108 and 1290171, to reflect changes in proffered conditions as shown in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on May 25, 1999, and as set forth in a report of the City Planning Commission dated July 19, 1999, having previously been before the Council for its first reading on Monday, July 19, 1999, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: 23 ACTION: (#34406-080299) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 129, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned C-2, General Commercial District. (For full text of Ordinance, see Ordinance Book No. 62, page 126.) Mr. Trout moved the adoption of Ordinance No. 34406-080299. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice- Mayor Harris ................................................................................ 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Council Member White were absent.) ZONING: Ordinance No. 34407, rezoning approximately 4.3 acres, located generally on the north side of Kingsbury Circle and located approximately 170 feet west of Franklin Road (U. S. 220) described as a portion of Official Tax No. 1290107, be rezoned from C-2, General Commercial District, to RPUD, Residential Planned Unit Development District, subject to certain proffers contained in the Second Amended Petition filed in the Office of the City Clerk on June 8, 1999, having previously been before the Council for its first reading on Monday, July 19, 1999, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (#34407-080299) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 129, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 62, page 128.) Mr. Trout moved the adoption of Ordinance No. 34407-080299. The motion was seconded by Mr. Swain and adopted by the following vote: 24 ACTION: AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice- Mayor Harris ................................................................................ 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Council Member White were absent.) ZONING: Ordinance No. 34408, rezoning a 56-acre tract of land lying at the end of Read Mountain Road, N. E., identified as Official Tax No. 7320101, from RA, Residential Agricultural District, to LM, Light Manufacturing District, subject to certain proffers contained in a petition filed in the City Clerk's Office on May 7, 1999, having previously been before the Council for its first reading on Monday, July 19, 1999, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (#34408-080299 AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No.732, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 62, page 129.) Mr. Trout moved the adoption of Ordinance No. 34408-080299. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice- Mayor Harris ................................................................................ 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Council Member White were absent.) PURCHASE/SALE OF PROPERTY-CITY PROPERTY: Ordinance No. 34410, providing for the fee simple conveyance to Serenity Funeral Home, LLC, of City-owned property, identified as Official Tax Nos. 2012705, 2012706 and 2012707, containing 0.293-acre, and located on Gilmer Avenue, N. W., upon certain terms and conditions, having previously been before the Council for its first reading on Monday, July 19, 1999, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: 25 ACTION: (#34410-080299) AN ORDINANCE providing for the fee simple conveyance to the Serenity Funeral Home, LLC, of City-owned property, identified by Official Tax Map Nos. 2012705, 2012706 and 2012707, containing 0.293-acre, and located on Gilmer Avenue, N. W., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 62, page 130.) Mr. Trout moved the adoption of Ordinance No. 34410-080299. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice- Mayor Harris ................................................................................ 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Council Member White were absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: WATER RESOURCES: Mr. Trout read the following communication from the Acting City Manager to the Roanoke County Administrator dated July 29, 1999: "July 29, 1999 Mr. Elmer C. Hodge County Administrator County of Roanoke P.O. Box 29800 5204 Bernard Drive Roanoke, Virginia 24018-0798 Dear Elmer: As discussed last night, I am disappointed by the content of the letter dated July 28, 1999, from the Chairman of the Board of Supervisors to City Council concerning the regional water discussions. On several occasions, you and I have discussed an approach to come 26 up with alternatives to further regional cooperation in an area of water supply. Of particular concern to me is the fact that we met on July 16, 1999, and agreed that we would ask Mr. Kiser with Roanoke City and Mr. Robertson with Roanoke County to explore all options and report back to us within the next month. Within the last two days, Mr. Kiser reported several issues he and Mr. Robertson have identified which may be mutually beneficial for the improvement of the contract between the City and County, and I believed our plan was working very well. I am at a loss to determine why the Chairman would write this letter had you shared the general nature of our discussions with the Board. You assured me last night that you had discussions with the Board, but they would not listen in view of some of the statements two members of City Council had made concerning their desire for the City to be independent in water resources and the fact that the City is looking at other options, in our meeting on July 16th, I indicated that it is my intent to explore all feasible options, however, the regional approach is a priority. You agreed that while our staff time, by necessity, is concentrated on the water conservation emergency, we intend to spend as much time as possible working on these issues and that you and I would meet again as soon as Mr. Kiser and Mr. Robertson reported back to us. As stated above, after meeting with Mr. Kiser the past two days I was very optimistic that he and Mr. Robertson had identified several key issues on which we could continue our discussions. It truly amazed me that the Board of Supervisors would take the position stated in the letter if in fact they knew staff discussions were underway. You stated last night that the Board was informed of these discussions, but they chose not listen to your advice. I regret that they apparently did not understand the depth of our discussions and that the newspaper did not find it beneficial to print your report to the Board. Although I am greatly disappointed with this unfortunate turn of events, it is my hope to regain the positive working relationship that we have had in the past and that we continue to explore what was agreed on for the sake of our citizens and governing bodies. Sincerely yours, S/James D. Ritchie Acting City Manager" 27 Mr. Trout advised that Roanoke City Council does not micro manage the City Manager's Office, it is clear that the Acting City Manager and his staff have been working toward regional cooperation with regard to water and the water supply issue and encouraged the Acting City Manager to continue his efforts in addressing the water situation. The Acting City Manager advised that it was not his intent for the above letter to the Roanoke County Administrator to become public; however, it is extremely important that both short term and long term solutions to the water situation be approached without indulging in anything but good intentions to resolve the problem. He further advised that when he was requested to serve as Acting City Manager, he consulted with many people about those issues that the City would be dealing with in the next six months and he was told by the Director of Utilities and Operations that the most difficult issue that the City would deal with during his time as Acting City Manager would be the water situation. As a result of identifying that issue, he stated that he talked with the Roanoke County Administrator regarding the water situation long before the City reached the level of voluntary conservation and several points ofagreementwere reached. He further stated that the necessity of seeking both short term and long term solutions were discussed in order for the respective staffs to coordinate the necessary information for all possible solutions, and, as a result, discussions took place by Roanoke City and Roanoke County staffs regarding water connections and planning for connections, along with long range options, and, to date, those discussions have been fruitful. He added that Roanoke County has been most cooperative, and the City is purchasing millions of gallons of water per day from Roanoke County as a result of the water connections. Since drafting the above referenced letter, Mr. Ritchie advised that he and the Roanoke County Administrator have engaged in conversations and they have agreed to renew their efforts with regard to addressing the water shortage. He stated that there is great potential for the two localities to make progress by working together and the end result will be a water supply for the entire Roanoke Valley that is reliable and safe. He advised of his commitment to ongoing water negotiations, with progress reports to Council and to the Roanoke County Board of Supervisors. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: 28 RNDC: Charles A. Price, representing the Roanoke Neighborhood Development Corporation, (RNDC), advised that RNDC established itself as a community based organization formed by citizens to work for citizens in the northwest section of the City, specifically, with regard to the Henry Street project and to those areas of the entire City where its expertise can be used. He stated that RNDC worked with citizens to form a public/private partnership which was established in order to receive input from all sectors of the City. He further stated that RNDC has come a long way and looks to the future with optimism, the organization was formed as a means of bridging all areas of the City, and its work is not about just one issue but about what has happened, what is happening, and what can happen, in the future. He advised that RNDC was under the impression that a specific item of interest would be on the City Council agenda today, but when it was discovered that the item would be postponed until a later date, they were not successful in notifying all persons of the delay, therefore, some persons were present out of their interest regarding certain improvements in northwest Roanoke. At 3:18 p.m., the Vice-Mayor declared the meeting in recess. At 3:35 p.m., the meeting reconvened in the Council Chamber, with Vice-Mayor Harris presiding, and all Members of the Council in attendance, with the exception of Mayor Bowers and Council Member White. ACTION: COUNCIL: With respect to the Closed Meeting just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice- Mayor Harris ................................................................................ 5. NAYS: None ....................................................................... 0. (Mayor Bowers and Council Member White were absent.) 29 ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-CULTURAL SERVICES COMMITTEE: The Vice-Mayor advised that the terms of office of Thelma R. Holland and George A. Kegley as members of the Cultural Services Committee expired on June 30, 1999, and called for nominations to fill the vacancies. Ms. Wyatt placed in nomination the names of Thelma R. Holland and George A. Kegley. There being no further nominations, Ms. Holland and Mr. Kegley were reappointed as members of the Cultural Services Committee, for terms ending June 30, 2000~ by the following vote: FOR MS. HOLLAND AND MR. KEGLEY: Council Members Swain, Trout, Wyatt, Hudson and Vice-Mayor Harris ................................... 5. (Mayor Bowers and Council Member White were absent.) OATHS OF OFFICE-COMMITTEES-CULTURAL SERVICES COMMITTEE: The Vice-Mayor advised that there is a vacancy on the Cultural Services Committee created by the resignation of William Lee, and called for nominations to fill the vacancy. Mr. Hudson placed in nomination the name of Courtney A. Penn. There being no further nominations, Mr. Penn was appointed as a member of the Cultural Services Committee, for a term ending June 30, 2000, by the following vote: FOR MR. PENN: Council Members Swain, Trout, Wyatt, Hudson and Vice-Mayor Harris ........ :- ........................................................ 5. (Mayor Bowers and Council Member White were absent.) OATHS OF OFFICE-COMMITTEES-CITY EMPLOYEES- PERSONNEL DEPARTMENT: The Vice-Mayor advised that there is a vacancy on the Personnel and Employment Practices Commission created by the ineligibility of Lonice B. Coburn to serve another term, and called for nominations to fill the vacancy. Mr. Hudson placed in nomination the name of Edward L. Crawford, Jr. 3O There being no further nominations, Mr. Crawford was appointed as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2002, by the following vote: ACTION: FOR MR. CRAWFORD: Council Members Swain, Trout, Wyatt, Hudson and Vice-Mayor Harris ......................................................5. (Mayor Bowers and Council Member White were absent.) ACTION: Inasmuch as Mr. Crawford is not a resident of the City of Roanoke, Mr. Hudson moved that the City residency requirement for persons serving on authorities, boards, commissions and committees appointed by the Council be waived in this specific instance. The motion was seconded by Mr. Swain and adopted. There being no further business, the Vice-Mayor declared the meeting adjourned at 3:40 p.m. ATTEST: APPROVED Mary F. Parker City Clerk C. Nelson Harris Vice-Mayor 31 SPECIAL SESSION ...... ROANOKE CITY COUNCIL August 6, 1999 10:00 a.m. The Council of the City of Roanoke met in special session on Friday, August 6, 1999, at 10:00 a.m., in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Vice-Mayor C. Nelson Harris presiding, pursuant to Section 10, Meetings of Council, of the Charter of the City of Roanoke. PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Vice-Mayor C. Nelson Harris ........... 6. ABSENT: Mayor David A. Bowers ........................................................... 1. OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. COUNCIL: The Vice-Mayor referred to the following communication calling the special meeting of Council: "August 5, 1999 The Honorable Members of Roanoke City Council Roanoke, Virginia Re: Request for Special Meeting of Council on Friday, August 6, 1999 Dear Members of Council: In accordance with the provisions of Section 10, Meetings of Council, of the Charter of the City of Roanoke, I hereby call a Special Meeting of Council and provide you with notice of that meeting. The Special Meeting is for the purpose of convening in Closed Meeting to discuss specific legal matters requiring the provision of legal advice by counsel, pursuant to Section 2.1-344 (A)(7), of the Code of Virginia (1950), as amended. The Special Meeting of Council will be held on Friday, August 6, 1999, at 10:00 a.m., in the City Council Chamber, 215 Church Avenue, S. W. Sincerely, SIC. Nelson Harris Vice-Mayor CNH:Io pc: James D. Ritchie, Sr., Acting City Manager Diane S. Akers, Acting Assistant City Manager William M. Hackworth, City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Robert K. Bengtson, Acting Director, Public Works Glenn D. Radcliffe, Director, Human Development George C. Snead, Jr., Director, Public Safety Willard N. Claytor, Director, Real Estate Valuation Robert H. Bird, Municipal Auditor Phillip F. Sparks, Chief, Economic Development Charles M. Huffine, City Engineer Mary F. Parker, City Clerk" Mr. Trout moved that Council convene in a Closed Meeting to discuss specific legal matters requiring the provision of legal advice by counsel, pursuant to Section 2.1-344 (A) (7) Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt and Vice-Mayor Harris ........................................................................................................... 6. NAYS: None .......................................................................................... O. (Mayor Bowers was absent.) At 10:05 a.m., the Vice-Mayor declared the meeting in recess. At 11:45 a.m., the special meeting reconvened in the City Council Chamber, with all Members of the Council in attendance, except the Mayor, Vice-Mayor Harris presiding. 2 COUNCIL: Mr. Swain moved that each Member of Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt and Vice-Mayor Harris ......................................................... : .................................................. 6. NAYS: None .......................................................................................... 0. (Mayor Bowers was absent.) There being no further business, the Vice-Mayor declared the meeting adjourned at 11:47 a.m. APPROVED ATTEST: Mary F. Parker City Clerk C. Nelson Harris Vice-Mayor 3 SPECIAL SESSION ...... ROANOKE CITY COUNCIL August 11, 1999 12:15 p.m. The Council of the City of Roanoke met in special session on Wednesday, August 11, 1999, at 12:15 p.m., in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Section 10, Meetings of Council, of the Charter of the City of Roanoke. PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ......................................................................................................... 7. ABSENT: None ..................................................................................... 0. OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; William X Parsons, Assistant City Attorney; Jesse A. Hall, Deputy Director of Finance; and Mary F. Parker, City Clerk. The special meeting was opened with a prayer by Vice-Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. COUNCIL-WATER RESOURCES: The Mayor referred to the following communication calling the special meeting of Council. "August11,1999 The Honorable Members of Roanoke City Council Roanoke, Virginia Re: Reauest for Special Meetina of Council on Wednesday, Auqust 11,199,~ Dear Members of Council: In accordance with the provisions of Section 10, Meetings of Council, of the Charter of the City of Roanoke, I hereby call a Special Meeting of Council and provide you with notice of that meeting. The Special Meeting is for the purpose of convening in Closed Meeting to discuss specific legal matters requiring the provision of legal advice by counsel, pursuant to Section 2.1-344 (A)(7), of the Code of Virginia (1950), as amended. The Special Meeting of Council will be held on Wednesday, August 11, 1999, at 12:15 p.m., in the City Council Chamber, 215 Church Avenue, S. W., City of Roanoke, Virginia. DAB:ec Sincerely, S/David A. Bowers Mayor pc: James D. Ritchie, Sr., Acting City Manager Diane S. Akers, Acting Assistant City Manager William M. Hackworth, City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Robert K. Bengtson, Acting Director, Public Works Glenn D. Radcliffe, Director, Human Development George C. Snead, Jr., Director, Public Safety Willard N. Claytor, Director, Real Estate Valuation Robert H. Bird, Municipal Auditor Mary F. Parker, City Clerk" Mr. Trout moved that Council convene in a Closed Meeting to discuss specific legal matters requiring the provision of legal advice by counsel, pursuant to Section 2.1-344 (A) (7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ................................................................................................ 7. NAYS: None ....................................................................................... 0. The Mayor declared the meeting in recess at 12:20 p.m. The meeting reconvened at 1:30 p.m., in the City Council Chamber, 215 Church Avenue, S. W., City of Roanoke, with all Members of the Council in attendance, Mayor Bowers presiding. 2 Mr. Harris moved that each member of Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ................................................................................................ 7. NAYS: None .................................................................................... -0. The Mayor announced that officials of the City of Roanoke and the County of Roanoke will hold a joint press conference on Wednesday, August 11, 1999, at 2:00 p.m., in the Conference Room at the Roanoke Regional Airport. There being no further business, the Mayor declared the special meeting adjourned at 1:35 p.m. APPROVED ATTEST: Mary F, Parker City Clerk David A. Bowers Mayor *Bob L. Johnson, Chairman, Roanoke County Board of Supervisors, and David A. Bowers, Mayor, City of Roanoke, signed the following joint statement at the 2:00 p.m., press conference: "JOINT STATEMENT The undersigned, with support of their respective governing bodies, hereby agree in principle to the following items concerning the joint use of water resources between the County of Roanoke and the City of Roanoke. * The 1979 contract will be modified by amendment ora new contract, to eliminate any requirement that the City sell water to the County or that the County purchase water from the City, retroactive to July 1, 1999. The County's final payment under the contract will be $1.6 million to be paid during this fiscal year. * The County guarantees that it will sell the City up to four million gallons of water from the County water system per day, if requested, once transmission capability is in place. This capacity is expected to be available by September 1, 1999. * The price for any water that is sold to either jurisdiction will be the same $2,750 per million gallons. This figure will be recalculated annually based on the consumer price index. The rate formula shall be subject to reevaluation every five years. * The County and City can transport up to three million gallons per day of traded water through each other's water lines if desired by the other party, subject to capacity. * Each jurisdiction will have access to the other's surplus water, if needed. * The term of the amended or new contract will extend to June 30, 2019. * Future improvements to the City and/or County water systems will be jointly shared and funded based on their merits and negotiated benefits. * The final agreement will be presented for approval to both government bodies in the near future. SI Bob L. Johnson Bob L. Johnson, Chairman Board of Supervisors Roanoke County S/David A. Bowers David A. Bowers, Mayor City of Roanoke August 11, 1999" 4 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL August 16, 1999 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, August 16, 1999, at 12:15 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reqular Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members James O. Trout, William White, Sr., Linda F. Wyatt(arrived during the Closed Meeting), W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A. Bowers .................................................................................. 6. ABSENT: Vice-Mayor C. Nelson Harris ..................................................... 1. OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. CITY ATTORNEY-COUNCIL: A report of the City Attorney requesting a Closed Meeting to consult with legal counsel on a matter of probable litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Hudson moved that Council concur in the request of the City Attorney to convene in a Closed Meeting to consult with legal counsel on a matter of probable litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Hudson, Swain and Mayor Bowers---5. NAYS: None ......................................................................................... 0. (Vice-Mayor Harris and Council Member Wyatt were absent.) At 12:17 p.m., the Mayor declared the meeting in recess. Council Member Wyatt arrived during the Closed Meeting. At 1:00 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Vice-Mayor Harris. The Mayor advised that the Closed Meeting would reconvene at approximately 1:30 p.m., immediately following adjournment of the meeting of the Water Resources Committee; whereupon, at 1:00 p.m., the Mayor declared the City Council meeting in recess. At 1:35 p.m., Council reconvened in a continuation of its Closed Meeting in the City Council's Conference Room, pursuant to previous action taken by the Council, to consult with legal counsel on a matter of probable litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The Mayor advised that the Closed Meeting would continue following conclusion of the 2:00 p.m., Council meeting. At 1:50 p;m., the Mayor declared the City Council meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, August 16, 1999, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members James O. Trout, William White, Sr., Linda F. Wyatt, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A. Bowers ............ 6. ABSENT: Vice-Mayor C. Nelson Harris .................................................... 1. OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend Kenneth B. Wright, Pastor, First Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. 2 ACTS OF ACKNOWLEDGMENT: ACTS OF ACKNOWLEDGMENT-YOUTH: The Mayor advised that the City of Roanoke has been welcomed by America's Promise as an official partner in the nationwide movement, and Roanoke has been congratulated for joining America's Promise as a Community of Promise for being willing to provide individual youth, in need, with access to the following basic promises of the initiative: (1) Mentoring to increase the number of adults acting as volunteer mentors with youth by 300 by December 2000; (2) Protecting - to increase the number of children and youth with access to safe places to recreate and socialize by 250 by December 2000; (3) Nurturing - to increase the number of children and youth with access to affordable quality health care by 500 by December, 2000; (4) Preparing - by increasing the number of youth with access to internships or apprenticeships opportunities by 150 by December 2000; (5) Serving - by increasing the number of youth exposed to volunteer opportunities by 300 by December 2000. The Mayor advised that America's Promise was launched by General Colin L. Powell at the historic President's Summit for America's Future in Philadelphia two years ago. He called attention to a group of Roanoke Valley citizens who have been working over the past year to develop America's Promise in Roanoke, with a summit which is scheduled to be held later this year. Dr. Elizabeth Lee, Member, Roanoke's America's Promise Committee, presented each Member of Council with a "little red wagon," which is the symbol of America's Promise and its commitment to youth. 3 ACTION: 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. He called specific attention to one request for a Closed Meeting to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the regular meetings of Council held on Monday, May 3, and Monday, May 17, 1999; the special meetings of Council held on Monday, May 3, 1999, and Tuesday, May 11, 1999; and meetings of the Roanoke City Council Personnel Committee held on Tuesday, May 4, 1999, and Wednesday, May 5, 1999, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) Mr. White moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(I), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. 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 4 ACTION: ACTION: committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) TAXES-COMMUNICATIONS DEPARTMENT-TELEPHONE COMPANIES-TELEPHONE EQUIPMENT: A report of the Director of Finance in response to an inquiry by Council Member Trout with regard to the Public Right-of-Way Use Fee adopted by Council on March 1, 1999, was before Council. Mr. White moved that the report be removed from the Consent Agenda for further discussion. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) (See page 7.) COMMITTEES-HOUSING/AUTHORITY: A communication from The Reverend Charles T. Green tendering his resignation as a member of the Fair Housing Board, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed, and that the resignation be accepted. The motion was seconded by Mr. Swain and adopted by the following vote: 5 ACTION: ACTION: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) COMMITTEES-HUMAN DEVELOPMENT COMMITTEE: A communication from Harold P. Kyle tendering his resignation as a member of the Human Services Committee, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed, and that the resignation be accepted. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers .................. ~ ......................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) COMMITTEES-BLUE RIDGE COMMUNITY SERVICES: A communication from Rita J. Gliniecki tendering her resignation as a member at large of the Blue Ridge Community Services Board of Directors, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed, and that the resignation be accepted. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) 6 ACTION: CULTURAL SERVICES COMMITTEE-HUMAN DEVELOPMENT COMMITTEE-SCHOOLS-FIFTH PLANNING DISTRICT COMMISSION- OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Frank J. Eastburn as a member of the Cultural Services Committee for a term ending June 30, 2000; Evelyn F. Board as a member of the Human Services Committee for a term .ending June 30, 2000; Audrey M. Wheaton as a member of the Virginia Western Community College Board for a term ending June 30, 2003; and Sherman A. Holland as a member of the Roanoke Valley Area Metropolitan Planning Organization fora term ending June 30, 2002. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the reports of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ............. -. ......................................................... 0. (Vice-Mayor Harris was absent.) REGULAR AGENDA TAXES-COMMUNICATIONS DEPARTMENT-TELEPHONE COMPANIES-TELEPHONE EQUIPMENT: The Director of Finance submitted a written report in response to an inquiry by Council Member Trout regarding the Public Right-of-Way Use Fee adopted by Council on March 1, 1999, advising that in January 1996, Congress passed the Telecommunications Act of 1996, which was signed into law in February 1996 to remove regulatory barriers and to encourage new businesses among all types of communication companies. 7 ACTION: It was further advised that after passage of the Act, disputes arose among the Virginia Department of Transportation (VDOT), telecommunications carriers, and localities as to what charges or compensation localities could impose on telecommunications carriers for use of the rights-of-way within localities or VDOT's right-of-way; consequently, the 1998 Virginia General Assembly addressed the issues of compensation that localities and VDOT could impose on telecommunications carriers for the use of rights-of-way; the legislation provided that effective July 1, 1998, a Public Rights-of-Way Use Fee could be imposed; and the General Assembly decided that instead of imposing fees or charges on the telecommunications carriers themselves, the local exchange carriers for each locality would assess and collect the fee from each customer who has an access line. It was explained that Council adopted the Public Right-of-Way Use Fee on March 1, 1999; the Public Right-of-Way Use Fee took the place of previously adopted franchise fee agreements with telecommunications carriers; the Public Rights-of-Way Use Fee rate is $0.50 from July 1, 1999 through June 30, 2000 per affected access line per month; Council's adoption of the Public Rights-of-Way Use Fee provided for compliance with Virginia Law; and additional funding from the fee was allocated to street paving to help offset additional costs associated with diminished pavement life due to utility cuts. (For full text, see report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the report would be received and filed. HEARING OF CITIZENS UPON PUBLIC MATTERS: POLICE DEPARTMENT-COMPLAINTS: Mr. Eric Minor, 819 - 7th Street, N. W., addressed Council in connection with alleged issues of unfair and biased treatment by the Roanoke City Police Department. He stated that he has been labeled as a criminal and asked that Council intervene on his behalf. He advised that he has discussed his concerns with the Director of Public Safety and the Police Chief, but he does not believe that his concerns were understood, and the problem has continued to escalate. Martin D. Jeffrey, President, Roanoke Chapter, N.A.A.C.P., spoke with regard to Mr. Minor's concerns and referred to a letter which was forwarded to Council from the Executive Board of the Roanoke Chapter, 8 N.A.A.C.P. outlining specific concerns based upon complaints that have been received over the last six to eight months which indicate that there are certain serious issues that remain unresolved in respect to the Roanoke City Police Department. He stated that a meeting will be held with the Chief of Police to discuss certain concerns based upon complaints that have been filed with the Roanoke Chapter, N. A. A. C. P. He stated that the N.A.A.C.P. supports qualified and well paid law enforcement personnel that is accountable for its actions. He added that he has personally witnessed some of the concerns alluded to by Mr. Minor, these problems require more effort than a simple referral to a City official, and the Roanoke Branch N.A.A.C.P. will be looking for complete Councilmanic and City administration support to resolve the issue. The Reverend Carl T. Tinsley, 2647 Springhill Drive, N. W., suggested appointment of a citizens advisory committee to address issues relating to the Police Department. Following discussion, it was the consensus of Council that the matter would be referred to the Acting City Manager for report to Council. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. $192,071.00 from the .1999-2000 Capital Maintenance and Equipment Replacement Fund to fund site-based instructional technology requests, site-based audio-visual equipment, shuffle simulator software for the Addison Aerospace Middle School, and facility maintenance requirements. $7,500.00 for the Thurman Foundation for Children grant to support activities of the Partners for Success program, which is designated to encourage college preparation of eighth grade students who show academic promise but would be unlikely to consider advanced studies without intervention; and this continuing grant will be funded with a contribution. 9 ACTION: $24,375.00 for capital funds from the State Construction Grant which will be used to finance architectural and engineering design services for school capital projects to be completed by fiscal year 2002; and the additional appropriation request represents additional construction funds transmitted to the Roanoke City Schools. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34424-081699) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 School and School Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 140.) Mr. Trout moved the adoption of Ordinance No. 34424-081699. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) BONDS-SCHOOLS: A communication from the Roanoke City School Board requesting adoption of a resolution in support of the issuance of General Obligation School Bonds, in connection with capital improvements and additions to the Roanoke Valley Governor's School, at an estimated cost of $3,250,000.00; and Council will be requested to conduct public hearings and perform any other procedural matters that may be required for participation in the VPSA bond issue, was before the body. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. 10 ACTION: (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34425-081699) A RESOLUTION authorizing and directing the City Manager to file an application with the Virginia Public School Authority seeking bond financing, in an amount not to exceed $3,250,000.00, to finance certain capital improvements in connection with the Roanoke Valley Governor's School, previously approved by the Council at its May 17, 1999, meeting. (For full text of Resolution, see Resolution Book No. 62, page 142.) Mr. Trout moved the adoption of Resolution No. 34425-081699. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) BONDS-SCHOOLS: A communication from the Roanoke City School Board requesting adoption of a resolution in support of the issuance of General Obligation School Bonds, in connection with capital improvements to Hurt Park Elementary School, at an estimated cost not to exceed $1,250,000.00; and Council will be requested to conduct public hearings and. perform any other procedural matters that may be required for participation in the VPSA bond issue, was before the body. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: 11 ACTION: (#34426-081699) A RESOLUTION authorizing and directing the City Manager to file an application with the Virginia Public School Authority seeking interest rate subsidy bond financing, in an amount not to exceed $1,250,000.00, to finance certain capital improvements in connection with Hurt Park Elementary School, previously approved by the Council at its November 16, 1998, meeting. (For full text of Resolution, see Resolution Book No. 62, page 143.) Mr. Swain moved the adoption of Resolution No. 34426-081699. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) BUDGET-DRUGS/SUBSTANCE ABUSE-COMMONWEALTH'S ATTORNEY: A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, recommending acceptance of funds for the Drug Prosecutor program and advising that Federal funding was made available to the Commonwealth of Virginia to be used for the development of several Multi-Jurisdictional Special Drug Prosecutors statewide; the Commonwealth's Attorneys of Craig County, Franklin County, Roanoke County, and the Cities of Roanoke and Salem applied on October 9, 1987, to the Commonwealth's Attorney's Services Council, the State agency responsible for administration of the grant money to fund a Multi-Jurisdictional Special Drug Prosecutor; and Council accepted the Multi-Jurisdictional Special Drug Prosecutor Grant in April, 1988, and a full-time Special Drug Prosecutor was hired in July, 1988, was before the body. It was further advised that on April 15, 1994, the Commonwealth's Attorneys' Services Council notified the Roanoke City Commonwealth's Attorney's Office that legislation approved by the General Assembly allowed funds for the Drug Prosecutor's Office to be transferred from the Department of Criminal Justice Services and the Commonwealth's Attorneys' Services Council to the Compensation Board; on April 29, 1999, the Compensation Board approved funds for the Drug Prosecutor's Office for the period July 1, 1999, through 12 ACTION: June 30, 2000, in the amount of $90,963.00, for staff salaries and office expenses; and total cost of operating the Drug Prosecutor's Office is $103,523.00, with a local share cost of $12,560.00. The Commonwealth's Attorney recommended that Council accept funding, in the amount of $90,963.00, from the Compensation Board and the use of $12,560.00 in local funds from the Drug Prosecutor's Office; authorize the Acting City Manager to execute all appropriate documents to obtain funding for the Drug Prosecutor's Office from the Compensation Board; and appropriate funds totaling $103,523.00. A report of the Acting City Manager recommending that Council concur in the recommendation of the Commonwealth's Attorney, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34427-081699) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 144.) Mr. Trout moved the adoption of Ordinance No. 34427-081699. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson and Swain ........................................................................................ 5. NAYS: None ....................................................................... 0. (Mayor Bowers abstained from voting and Vice-Mayor Harris was absent.) Mr. Trout offered the following resolution: 13 ACTION: (#34428-081699) A RESOLUTION authorizing the acceptance of funding for the Drug Prosecutor's Office by the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution and filing of all appropriate documents to obtain such funds. (For full text of Resolution, See Resolution Book No. 62, page 146.) Mr. Trout moved the adoption of Resolution No. 34428-081699. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson and Swain ......................................................................................... 5. NAYS: None ....................................................................... 0. (Mayor Bowers abstained from voting and Vice-Mayor Harris was absent.) BUDGET-COMMONWEALTH'S ATTORNEY: A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, recommending appropriation of cash assets forfeited to the Office of Roanoke City Commonwealth's Attorney, advising that in an effort to better fund law enforcement efforts to fight crime, particularly drug crime, in 1986, the Federal' government adopted a system of asset forfeiture whereby forfeited assets, under certain conditions, could be returned to local law enforcement agencies, police and prosecutors, for use in their fight against crime; in July, 1991, the Virginia asset forfeiture statute, which generally is patterned after the Federal statute, took effect providing that forfeited criminal assets may be returned to local police and prosecutors for use in the fight against crime; and in August, 1991, a grant fund account for cash assets forfeited to the Office of the Commonwealth's Attorney was established with an appropriation of $25,000.00, was before Council. It was further advised that since August, 1991, the Office of Commonwealth's Attorney has expended the $25,000.00 originally appropriated, and periodically receives additional funds from the state's asset sharing program; grant requirements provide that these funds be placed in an interest bearing account and that interest earned be used in accordance with program guidelines; revenues collected through June 30, 1999, for the grant totals $114,499.00 and were recorded in Accounts 035-035-1234-7107 and 035-035-1234-7275; 14 ACTION: current revenue estimate is $86,506.00; and funding received in excess of the estimated revenue totals $27,993.00 and needs to be appropriated. The Commonwealth's Attorney recommended that Council appropriate $27,993.00 to the following grant fund accounts: Administrative Supplies Expendable Equipment (<SS00.00) Training & Development ClS - Personal Computer Rental/Maintenance Expendable Equipment (>$s0o.oo) Total 035-026-5140-2030 035-026-5140-2035 035-026-5140-2044 035-026-5140-7007 035-026-5140-9005 $12,993.00 3,000.00 3,000.00 5,000.00 4~000.00 $27,993.00 Increase the revenue estimate for Grant Fund Account No. 035-035- 1234-7107 by $22,407.00, and Grant Fund Revenue Account No. 035- 035-1234-7275 by $5,586.00. A report of the Acting City Manager recommending that Council concur in the recommendation of the Commonwealth's Attorney, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34429-081699) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 147.) Mr. Hudson moved the adoption of Ordinance No. 34429-081699. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson and Swain ......................................................................................... 5. NAYS: None ....................................................................... 0. 15 (Mayor Bowers abstained from voting and Vice-Mayor Harris was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: HOUSING/AUTHORITY-HIGHER EDUCATION CENTER- DOWNTOWN NORTH-RNDC-HENRY STREET REVIVAL COMMITTEE: The Acting City Manager submitted a written report advising that three major projects initiated in the Greater Gainsboro area, bordered by Wells Avenue, Jefferson Street, Shenandoah Avenue, and Gainsboro Road, have requested substantial financial and other assistance from the City, which projects include: The RNDC Project, an effort by the Roanoke Neighborhood Development Corporation (RNDC) to revitalize Henry Street by constructing the Crew Suites office building, the Caboose convenience store and open plaza space. The Higher Education Center (GOB North), which seeks to combine the capabilities of several institutions of higher learning to provide post-secondary educational opportunities not presently available within the City. Shenandoah Crossing (GOB South), the Roanoke Redevelopment and Housing Authority (RRHA) effort to convert a former Norfolk Southern office building into 86 market-rate apartments. It was further advised that coordination of the three projects is essential, given their common need for public infrastructure improvements and parking requirements; cost estimates and financial strategies were needed, especially considering the demand for public investment in schools, parks, Victory Stadium, economic development, museums, an IMAX theater and other multi-million-dollar public projects such as Lincoln 2000; and Council appointed the Downtown North Task Force at its May 5, 1999, budget study session to assist the Acting City Manager in developing recommendations regarding 16 infrastructure, public financing, timing of projects and related matters concerning the three major projects constituting the initial Greater Gainsboro Area Project. It was explained that over 30 meetings were conducted by staff and interested third parties since Council created the Task Force; the Task Force has met three times, most recently on July 27; and major project representatives have detailed the assistance requested from the City during the meetings, which include the following: RNDC requested the City to provide $600,000.00 as a capital equity contribution toward the construction of the Crew suites office/rental building, to rent 30,000 of the 50,000 square feet of office space in the building at $14 per square foot, and to finance and construct all public infrastructure outside the footprint of the building, including curbs, gutters and sidewalks, lighting and other streetscaping, decorative surfacing for the plaza area, and parking; RNDC expressed an expectation that it would control the parking, including retention of program income realized from its operation; RNDC indicated that the $600,000.00 equity from the City is required to obtain approval for approximately $5 million in bank financing for the construction of Crew Suites; the project is dependent upon the RRHA transferring at no cost to RNDC the property surrounding, adjacent to and on which Crew Suites would be constructed; and this property was originally purchased on behalf of the City with Community Development Block Grant (CDBG) funds. The Higher Education Center requested the City to provide public infrastructure, including curbs, gutters and sidewalks, lighting and other streetscaping and approximately 600 evening and 200 day parking spaces, with free parking to* be available to students; and in providing parking, the Center requested that the City grade the area adjacent to the building since it lies at what is to be the main entrance. The Roanoke Redevelopment and Housing Authority (RRHA) requested the City to provide public infrastructure, including curbs, gutters and sidewalks, lighting and other streetscaping; and the RRHA could provide for project parking needs through a surface parking lot. 17 It was noted that there is significant overlap in the parking areas desired by each of the individual projects; Lumsden Associates, with Marsh Witt Associates, has been selected to develop reliable cost estimates for the Greater Gainsboro project area, including infrastructure in existing public rights-of-way, surface parking, RNDC project infrastructure, and a ~)ublic parking garage; City investments in the Greater Gainsboro Area Project were not provided for in the updated Capital Improvement Plan, the latest bond issue or other City funds, with two exceptions: the first exception is $700,000.00 for the First Street Pedestrian Bridge, which is included in the CIP, the other exception is $2.5 million previously committed to the Higher Education Center from City funds to match the $9.0 million provided by the Commonwealth of Virginia. It was advised that at its July 27th meeting, the Task Force agreed upon the following recommendation and understanding: To support infrastructure and parking solutions, including a comprehensive parking study covering the area from the Catholic Church to Community Hospital, such improvements to be made in a manner consistent with the RNDC plan. The specific needs of RNDC should be resolved separately from the infrastructure and parking needs common to all three projects. It was further advised that the City's current investment concept, given the recommendation of the Task Force and the limits of available public resources, for the Greater Gainsboro Area Project includes: Up to $3 million for public infrastructure; Up to $700,000.00 toward the First Street Pedestrian Bridge; Up to $5 million for a public parking garage of 450 to 500 spaces; and Identification of a strategy and funding for a future comprehensive parking study of the downtown area from the Catholic Church to Community Hospital. 18 Potential funding sources for these public investments include: Existing funds in operating and capital budgets; Community Development Block Grant (CDBG) funds; Capital Maintenance and Equipment Replacement Program (CMERP) funds; Capital Fund interest earnings; and Issuing general obligation bonds. Itwas explained that the City will retain ownership and operation of any public facilities or' improvements constructed with public resources; the City's assistance represents nearly 25 per cent of the proposed total investment estimated to comprise the initial Greater Gainsboro Area Project; that is, the $8.7 million investment under consideration by the City and the $2.5 million previously committed to the Higher Education Center represent nearly 25 per cent of the total estimated investment of the Greater Gainsboro Area Project; and a separate Council report offers City management's recommendations regarding RNDC's requests for a Capital equity contribution and space rental in the Crew Suites building. The Acting City Manager recommended that Council refer the matter to the Acting City Manager and to the Director of Finance for further recommendations to Council concerning specific actions, including identification of funding sources to carry out: The City's investment concept of: Up to $3 million for public infrastructure; Up to $700,000.00 toward the First Street Pedestrian Bridge; Up to $5 million for a public parking garage of 450 to 500 spaces; and Identification of a strategy and funding for a future comprehensive parking study of the downtown area from the Catholic Church to Community Hospital. 19 The City's property concept of retaining ownership and operation of any public facilities or improvements constructed with public resources. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Swain. Ms. Sema Kemp, P. O. Box 1935, requested that Council not only support the Greater Gainsboro project, but that funding levels be increased. She expressed concern that there has been a primary emphasis placed on one end of Gainsboro while the other end has been forgotten. She stated that she has lived in Roanoke for over 20 years and during that time very little has been done to improve the Gainsboro community and stated that it is time to make improvements to the area. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., presented correspondence pertaining to parking in the Gainsboro area, and requested that the City Clerk provide each member of Council with a copy. She stated that in December 1998, she requested that Roanoke City develop residential parking permits for issuance to citizens residing in Gainsboro, and in February 1999, her request was denied; therefore, she asked that Gainsboro residents not be overlooked in connection with future parking studies of the area, because the neighborhood will be encroached upon by students and/or tourists for long periods of time which will interfere with residential parking. She asked that her request be taken under consideration and pointed out that other cities have successfully enacted a residential parking permit system. The Reverend Kenneth B. Wright, Pastor, First Baptist Church, 310 North Jefferson Street, expressed concern with regard to the City Manager's report which deviates from the rules of parliamentary procedure. He advised that members of the Downtown North Task Force were provided with a status report at the July 12 meeting and a motion was adopted at the July 23 meeting that embraced the success of all three projects. He stated that in today's mail, he received a copy of the report of the City Manager, and it would appear that the Task Force was not given an opportunity to review of the City Manager's recommendation before it was submitted to Council, therefor, according to Roberts Rules of Order the Task Force was not given the opportunity to file a minority report. He further stated that he is at a 20 certain disadvantage as a member of First Baptist Church, i.e.: (1) First Baptist is a church and not a political pawn, (2) First Baptist Church is concerned about activities in and around the church that would be complimentary to both church and worship activities; and (3) First Baptist Church is held accountable to be an advocate of citizens within the community. He advised that a former Executive Director of the Roanoke Redevelopment and Housing Authority agreed that land acquisition should be made possible for First Baptist Church North Jefferson Street to remain in the community to help stabilize and to revitalize the neighborhood; the City of Roanoke has enjoyed the support of First Baptist Church for the Hotel Roanoke project, the Wells Avenue improvement project, and the Gainsboro Road and Second Street project; however, he inquired as to when the City will join Gainsboro in its concerns for equitable treatment of the residential core of the community. The Acting City Manager advised that it was his understanding that the Downtown North Task Force was appointed to serve in an advisory capacity to the City Manager, the Task Force adopted a motion which is stated in the report and he recommended that same motion to Council, with the exception that the parking study would be referred to the City Manager and the Director of Finance to identify funding and strategy. He stated that it is standard procedure when the City Manager submits recommendations to Council to forward a copy of the report to other interested persons/parties, which is the reason that Reverend Wright received an advance copy of the report. Council Members White and Wyatt spoke in support of deferring action on the report of the Acting City Manager to allow an opportunity for clarification. They pointed out that there is a perception of unfairness by some persons in the Gainsboro community. They stated that Roanoke prides itself on being a participatory government and in a participatory government, all viewpoints are honored and brought together, therefor, no good decisions are made in haste. Brian J. Wishneff, representing the Roanoke Higher Education Authority, advised that the Higher Education Center project bids will be received on September 9, 1999, with a goal of awarding the contract on September 16, for an 11 month renovation process which is an aggressive construction schedule. Also, he stated that the Higher Education Authority is in the process of selling historic tax credits on the building that is similar to obtaining a loan which means that a certain number of leases must be finalized, and in order for the leases 21 to be finalized, prospective lessees must feel comfortable about the parking solution. He advised that if Council defers action on the Acting City Manager's report, it could place the Higher Education Center in a difficult situation. Mr. James Leonard, ~935 Hope Road, S. W., advised that he attended the July 27 meeting of the Downtown North Task Force and the motion approved at that meeting is reflected is the Acting City Manager's report to Council. He stated that there appears to be a procedural problem and suggested that the order of the two reports regarding Downtown North be reversed. Following further discussion, Mr. White offered a substitute motion that Council defer action on the report of the Acting City Manager until the next regular meeting of Council on Tuesday, September 7, 1999, at 2:00 p.m. The motion was seconded by Ms. Wyatt and adopted, Council Member Hudson abstained from voting. HOUSING/AUTHORITY-HIGHER EDUCATION CENTER- DOWNTOWN NORTH-RNDC-HENRY STREET REVIVAL COMMITTEE: The Acting City Manager submitted a written report advising that Roanoke Neighborhood Development Corporation (RNDC) is one of three major projects comprising the Greater Gainsboro Area Project, which also includes the Higher Education Center and the Roanoke Redevelopment and Housing Authority's "Shenandoah Crossing" Apartments; the City of Roanoke originally entered into an agreement with RNDC on November 1, 1997, to develop a plan to improve and to redevelop the Henry Street commercial area and residential housing in the adjoining neighborhoods; and RNDC's major goals under the terms of the agreement include the following: obtaining initial and ongoing technical assistance to increase its capacity to develop and implement eligible neighborhood revitalization and/or economic development activities; conducting preliminary analysis and pre-development activities for parcels of land in the Henry Street area to provide a linkage to the surrounding Gainsboro neighborhood; determining parking requirements of existing facilities and proposed developments in the Henry Street area to help ensure availability of accessible and safe parking needed to enhance success; analyzing housing conditions, including those related to market rate housing in such areas as the Gainsboro neighborhood and Harrison Avenue corridor; securing conditional funding commitments and/or initiating construction; and initial Henry Street area developments proposed by RNDC include the construction of the Crew Suites office building, 22 construction of the Caboose convenience store, open plaza space in the project area, and conversion of the First Street Bridge into a pedestrian bridge. It was further advised that RNDC has requested the following from the City of Roanoke: Provide $600,000.00 as a Capital equity contribution toward construction of the Crew Suites office building; RNDC indicates that the capital equity contribution is needed to secure approximately $5 million in private financing needed for the construction of the office building. Lease 30,000 square feet of the 45,000 square feet of office space to be available in the building, at a cost of $14.00 per square foot. Construct public infrastructure outside the footprint of the office building, including curbs, gutters, and sidewalks, street lighting, streetscaping, and decorative surfacing for the plaza area, the conversion of the First Street Bridge into a pedestrian bridge, and parking. Agree to RNDC's control of parking in the project area, including the retention of program income from its operation. It was noted that RNDC has also requested that the Roanoke Redevelopment and Housing Authority transfer to RNDC the property surrounding, adjacent to, and on which the Crew Suites office building will be constructed; and at its July 27th meeting, the Downtown North Task Force agreed upon the following recommendation and understanding: The unanimous recommendation of the Task Force was to support infrastructure and parking solutions, including a comprehensive parking study covering the area from St. Andrew's Catholic Church to Community Hospital, such improvements to be made in a manner consistent with the RNDC plan. 23 The specific needs of RNDC should be resolved separately from the infrastructure and parking needs common to all three projects constituting the Greater Gainsboro Area Project. It was noted that City management has been meeting with RNDC representatives since the July 27th Task Force meeting to find solutions for RNDC's specific needs; and as part of these discussions, the City was advised that RNDC's capital equity contribution needs have increased to $750,000.00. The Acting City Manager recommended that the City rent 15,000 square feet of office space, at an initial rate of $14.00 per square foot, under standard lease provisions and a matching capital equity contribution not to exceed $375,000.00, and refer the matter back to the Acting City Manager and the Director of Finance for identification of funding sources. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt moved that Council concur in the recommendation of the Acting City Manager. The motion was seconded by Mr. Swain. Mr. Hudson advised that the report relates to the previous report of the Acting City Manager which was deferred until the next meeting of Council on Tuesday, September 7, 1999; therefor, he would be opposed to voting on the Acting City Manager's report regarding RNDC before Council takes action on the previous report. He stated that if Council votes on the RNDC report today, he would have to vote no because the two reports should be considered together. Ms. Suzanne Osborne, 1702 Blair Road, S. W., inquired as to what will be located in the 15,000 square feet that is proposed to be leased by the City in the Crew Suites Office building. She stated that it has been reported that the Health Department will occupy the space; however, she expressed concern because space used by the Health Department should be designed to meet certain parameters relating to size of rooms to accommodate medical equipment, door openings, etc. She expressed added concern over the way public tax dollars are being spent and inquired as to why the City would pay to rent a facility that it already owns. She advised that the City does not need a public relations firm to confirm the fact that there is a water shortage in the City of Roanoke which is also a waste of taxpayers' money that could 24 be better used for the Gainsboro/Henry Street project. She stated that the $11,500.00 per month fee that is paid to the consulting firm of F. A. Johnson, which represents 80 per cent of the funds thus far expended on the Henry Street project is appalling, because those funds could have been used along with additional funds to further the Gainsboro project, and Council should vote immediately to eliminate the consulting fee for F. A. Johnson. She referred to a recent newspaper article which stated that the Mayor and a small delegation from Roanoke visited Asheville, North Carolina, to inquire about and observe Mr. Johnson's development efforts in that area and requested information on the number of persons in the City's delegation and the costs associated with the trip. She advised that RNDC would like to involve private investors in the project, there are private investors who have expressed an interest in participating, and suggested that the use of private funds be explored. Ms. Teresa Walker, 4518 Pennsylvania Avenue, N. E., expressed concern that no questions have been raised regarding the amount of funds invested in other City projects as compared to private investors. She stated that there have been numerous inquiries regarding private investment in the Crew Suites building, but because it has taken such a long time to obtain a commitment from the City, those private investors are no longer interested in participating. She added that this is a large development, new ground is about to be broken in Roanoke, and there are many persons in the Gainsboro community who have been hurt by the degrading of the neighborhood. Charles A. Price, Chairman, Roanoke Neighborhood Development Corporation, advised that RNDC accepts the City's offer and accepts the challenge to work toward accomplishing the goals of the citizen participation group. Jeff Artis, 2407 Clifton Avenue, N. W., advised that the City of Roanoke has an opportunity to create goodwill between the City government and the black community. He further advised that since 1950, the City of Roanoke has engaged in a systematic attempt to destroy the black economy in Roanoke, particularly in the Gainsboro area; past actions indicate that the City of Roanoke has made millions of dollars through the destruction of the black economy, especially the Gainsboro community; i.e.: the Roanoke Gas Company, Roanoke Coca Cola Bottling Company, Roanoke Civic Center, The Hotel Roanoke and Conference Center, Roanoke Redevelopment and Housing Authority, various contractors, City officials, developers and Total Action Against 25 Poverty; and the black community has received nothing but broken promises. He stated that the City currently has plans for the development of Henry Street in partnership with RNDC; history indicates that partnerships of this nature are nothing new to the City, because the City enters into partnerships with the black community, exploits the partnership for its own gains, kicks the black community out of the partnership stating general incompetence within the black community and concern forspending tax dollars, and the City and its allies make millions of dollars while the black community receives nothing. He added that sources advise the Roanoke Chapter of the Southern Christian Leadership Conference that the City and its allies have no intention of going through with its partnership with RNDC, while the projects of Total Action Against Poverty, the Roanoke Redevelopment and Housing Authority, the Higher Education Center and future projects of the Hotel Roanoke and Conference Center will become a reality. He advised that the City of Roanoke can show its commitment toward a true partnership by fully funding the request of RNDC for $700,000.00 rather than the recommended $375,000.00. It was the consensus of Council that the Acting City Manager would respond to the questions raised by Ms. Osborne. Following further discussion, Mr. Swain called for the question, therefore, ending debate. The motion offered by Ms. Wyatt, seconded by Mr. Swain to concur in the recommendation of the Acting City Managerwas adopted, Council Member Hudson voting no. BUDGET-WILLIAMSON ROAD AREA BUSINESS ASSOCIATION- CONSULTANTS REPORTS: The Acting City Manager submitted a written report advising that a consulting contract for Williamson Road corridor improvements was awarded to Whitesell Orrison, Inc., on October 6, 1998; contracted work consists of preliminary engineering design services for the entire three mile project corridor, preparation and submission of a TEA-21 Enhancement Fund application to the Virginia Department of Transportation (VDOT) for the Williamson Road Area Businessmen's Association (WRABA) and a virtual reality projection for the existing conditions over the entire length of the Williamson Road Corridor from Orange Avenue to the northerly city limit, which should not be confused with that area south of Orange Avenue between the railroad and Elm Avenue; and final design, bidding, and certain construction management duties were to be negotiated at a later date. 26 It was further advised that final design, bidding, and construction management duties for Phase I have now been negotiated, as follows: Inventory, Surveying, Base Map Products Original Amendment Contract No. 1 $ 9,000.00 $ Conceptual Design Complete Phase Preliminary Design 11,200.00 Phase Final Design Phase Bidding Phase Construction Phase Virtual Reality Projection Phase I Phase II TEA-21 Enhancement Fund Application Original Contract Amendment I New Contract Total 7,000.00 7,800.00 35,000.00 26,100.00 2,480.00 5,220.00 3,000.00 36,800.00 It was explained that the purpose of the report is to request approval of Amendment No. 1 to the design contract and to provide funding in project Account No. 008-052-9716, Williamson Road Improvements; funding of $525,000.00 is available from the sale of Series 1997 Bonds and may be transferred from Account No. 008-052- 9706-9191 to the project account; $50,000.00 has already been provided from the sale of 1997 bonds, pursuant to Ordinance No. 34027; and funding will be used as follows: Amendment No. 1 to the design contract Contingency Total $ 36,800.00 7,200.00 $ 44,000.00 27 ACTION: The Acting City Manager recommended that he be authorized to execute Amendment No. 1, in the amount of $36,800.00, to the design contract with Whitesell Orrison, Inc., for additional engineering and design services, in a form to be approved by the City Attorney, and that the Director of Finance be authorized to transfer $44,000.00 as authorized by Bond Referendum of November, 1997 to project Account No. 008-052-9716, Williamson Road Improvements. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34430-081699) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 148.) Mr. Trout moved the adoption of Ordinance No. 34430-081699. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) Mr. Trout offered the following resolution: (#34431-081699) A RESOLUTION authorizing the City Manager's issuance of Amendment No. 1 to the City's contract with Whitesell Orrison, Inc., for additional engineering and design services for the Williamson Road Corridor Improvements. (For full text of Resolution, see Resolution Book No. 62, page 149.) Mr. Trout moved the adoption of Resolution No. 34431-081699. The motion was seconded by Mr. Swain and adopted by the following vote: 28 AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) BUDGET-UTILITIES-CONSULTANTS REPORTS-WATER RESOURCES: The Acting City Manager submitted a written report advising that a full services contract with Malcolm Pirnie, Inc., for design, contract documents and supervision for upgrade and expansion of the City's Water Pollution Control Plant was executed by the City of Roanoke, in the amount of $1,996,338.00, pursuant to Ordinance No. 32210-101094; and the Biological Aerated Filter (BAF) was an integral part of plant expansion. It was further advised that Malcolm Pirnie, Inc., submitted a request for additional services in connection with the cost of changes to the contract documents for the three bids in the amount of $58,614.00; the Office of City Engineer negotiated the fee down to $32,000.00, which was approved by Change Order (Amendment) No. 1, Ordinance No. 33322-040797, dated April 7, 1997; a portion of the upgrade and expansion contract was the addition of two new filters to the present filter building; Malcolm Pirnie, Inc., was asked to quote the cost of designing remodeled filters complete for bidding; after negotiation, the design fee was quoted as $126,000.00; and estimated cost of the contract to rebuild all eight filters is as follows: Filter Modifications Electrical Modifications Contingency Engineering $2,105,000.00 25,000.00 200,000.00 126,000.00 Estimated Project Cost $2,456,000.00 The Acting City Manager recommended that Council take the following actions: Authorize the Acting City Manager to issue Amendment No. 2, in the amount of $126,000.00, to the engineering contract with Malcolm Pirnie, Inc., bringing the total contract amount to $2,154,338.00; contract amendment is to be for additional engineering services for the design 29 ACTION: and production of contract documents to convert the present water backwash filters to air/water backwash and the replacement of control valves. Transfer funding of $126,000.00 for the additional professional services from Account No. 003-056-8475 to Account No. 003-056-8470. Proportional share to each jurisdiction would be as follows: City of Roanoke 37.3% County of Roanoke 29.2% City of Salem 20.9% County of Botetourt 7.0% Town of Vinton 5.6% 46,998.00 36,792.00 26,334.00 8,820.00 7,056.00 $126,000.00 Amount of contingency remaining is $852,992.00. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34432-081699) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 150.) Mr. Trout moved the adoption of Ordinance No. 34432-081699. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) Mr. Trout offered the following resolution: 3O ACTION: (#34433-081699) A RESOLUTION authorizing the City Manager's issuance of Amendment No. 2 to the City's contract with Malcolm Pirnie, Inc., for additional engineering services for the Upgrade and Expansion of the City's Water Pollution Control Plant. (For full text of Resolution, see Resolution Book No. 62, page 151.) Mr. Trout moved the adoption of Resolution No. 34433-081699. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) BUDGET-PUBLIC WORKS-EQUIPMENT: The Acting City Manager submitted a written report advising that the fiscal year 1998-99 Capital Maintenance and Equipment Replacement Program has identified the need to replace two old motor graders, a 1972 unit and a 1975 unit; whereupon, the Acting City Manager recommended that Council authorize the purchase of one new articulated frame motor grader from Mitchell Distributing Company, for the total cost of $125,900.00; appropriate $125,900.00 from fiscal year 1998-99 CMERP to Fleet Management, Account No. 017-052-2642-9015; and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34434-081699) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Fleet Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, See Ordinance Book No. 62, page 151.) Mr. Trout moved the adoption of Ordinance No. 34434-081699. The motion was seconded by Mr. Swain and adopted by the following vote: 31 ACTION: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) Mr. Trout offered the following resolution: (#34435-081699) A RESOLUTION accepting the bid of Mitchell Distributing Company, for the purchase of one new articulated frame motor grader, and rejecting all other bids made for such equipment. (For full text of Resolution, see Resolution Book No. 62, page 153.) Mr. Trout moved the adoption of Resolution No. 34435-081699. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) BUDGET-WATER RESOURCES: The Acting City Manager submitted a written report advising that severe drought conditions exist in West Virginia, Maryland, New Jersey, Pennsylvania and New York; state of emergencies have been declared and mandatory water restrictions have been implemented in Maryland, West Virginia, and Pennsylvania; rainfall from June, 1998 through June, 1999 was more than 15 inches below normal; continued lack of rainfall is causing the water level in Carvins Cove to drop to record lows daily; on June 7, 1999, Council determined that a water supply emergency exists and approved a Water Conservation Plan; and on July 7, 1999, Carvins Cove Reservoir level was 24.0 feet below spillway level and mandatory water restrictions were implemented for the first time in the history of the city. It was further advised that the City began purchasing water from the City of Salem and Roanoke County on June 14, 1999; purchased water began at a reservoir level of 22.0 feet below spillway and will 32 continue until the reservoir level rises to 15.0 feet; and the following are estimated quantities, length of time and costs for purchased water: City of Salem, June 14, 1999 thru October, 1999 = 139 Days 78 Days at 1.3 MGD x $1,450.00 MG = $ 147,030.00 92 Days at 2.0 MGD x $1,450.00 MG = $ 266,800.00 Total Estimated Cost $ 413,830.00 Roanoke County, 91 Days at 1.0 MGD x $3,500.00 MG = $ 318,500.00 Vinton, 130 Days at 1.0 MGD x $3,500.00 = $ 455,000.00 Total estimated cost of purchased water = $1,187,330.00 It was explained that alternative water supply sources are being investigated to determine feasibility of timing and costs, which include wells, recycled water, new sources, reservoir capacity expansion, etc; and the current budget cannot absorb the additional costs that are being incurred due to the water supply emergency. The Acting City Manager recommended that Council increase the appropriation by $1,31 3,830.00 in Water Fund accounts established to fund and monitor water conservation expenditures, as follows: O02-056-2160-xxxx 1013 - Overtime Wages (MWC) $ 1,000.00 1014 - Temporary Wages (MWC) $ 6,000.00 2250 - Fees for Professional Services (MWC) $ 55,000.00 2251 - Telephone Cellular (MWC) $ 1,500.00 2252 -Administrative Supplies (MWC) $ 50,000.00 2253 - Postage (MWC) $ 1,000.00 2254 - Printing (MWC) $ 12,000.00 2255 - Purchase Water - Salem (MWC) $ 413,830.00 2256 - Purchase Water - Roanoke County (MWC) $ 318,500.00 2257 - Purchase Water - Vinton (MWC) $ 455,000.00 $1,313,830.00 MWC = Mandatory Water Conservation (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34436-081699) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Water Fund Appropriations, and providing for an emergency. 33 ACTION: (For full text of Ordinance, see Ordinance Book No. 62, page 153.) Mr. Trout moved the adoption of Ordinance No. 34436-081699. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) ANIMALS/INSECTS: The Acting City Manager submitted a written report advising that the Roanoke Valley SPCA has provided facilities and animal impounding services for the City under a contractual agreement since 1979; the SPCA also provides animal pound facilities and services for Roanoke County, Botetourt County, Craig County and the Town of Vinton, with the City of Salem providing its own facilities and impoundment services; in January 1994, Council authorized the City of Roanoke to enter into a contractual agreement with the Roanoke Valley SPCA for animal impounding facilities and services, at a cost of $7.75 (boarding fees) per day per animal, with the right to renew annually; on March 1, 1999, the boarding fees were increased from $7.75 per day per animal to $8.75 per day per animal after the initial day of impoundment; Roanoke County, Botetourt County, Craig County, and the Town of Vinton are charged the same impoundment boarding fee as the City of Roanoke; in an effort to recoup operating costs, the respective owners are charged a fee by the City for each domestic animal picked up in the City by Animal Control and impounded at the SPCA facility; March 1, 1999, pickup fees were adjusted to $20.00 for the first pickup in a 12 month period, $35.00 for the second pickup, and $50.00 for the third pickup; citizens who retrieve an impounded animal must pay a fee of $8.75 per day per animal, including the first day of impoundment; and the Roanoke Valley SPCA notified the City of Roanoke of its intentions to build a new facility and to terminate its relationship with the City of Roanoke and other municipalities by approximately the Spring of the year 2000. It was further advised that the Roanoke Valley SPCA has requested a modification to the current SPCA contract to include the current boarding fee of $8.75 per animal per day after the initial day of impoundment, plus a $4.00 fee per animal for the initial day of 34 ACTION: impoundment for animals picked up by Animal Control or received as a stray from a citizen of Roanoke City; Roanoke City Animal Control impounds approximately 2,000 stray animals (dogs and cats) annually at the Roanoke Valley SPCA that are picked up by Animal Control; an additional 800 animals (dogs and cats) are brought to the SPCA by citizens; the current fiscal year 1999-2000 Animal Control budget provides for $100,000.00 to compensate the SPCA for contractual animal impoundment services (paid monthly based on the number of animals impounded); the additional cost to the City for the modified rate is estimated at approximately $11,200.00 per year, or $9,333.00 for the ten month period from September 1, 1999, to June 30, 2000; and other jurisdictions of Roanoke County, Botetourt County, Craig County and the Town of Vinton will begin paying the additional $4.00 per day per animal as of the July 1999, billing. The Acting City Manager recommended that he be authorized to enter into a new one-year contract beginning September 1, 1999, with the Roanoke Valley SPCA for boarding fees of $8.75 per animal per day after the initial day of impoundment, plus a $4.00 fee per animal for the initial day of impoundment for animals picked up by Animal Control or received as a stray from a citizen of Roanoke City; establish fees of $4.00 per animal for the first day impoundment for animals picked up by Animal Control or animals received as strays from a citizen of the City of Roanoke; and authorize the Director of Finance to amend the City's Fee Compendium to include a $4.00 fee for the first day impoundment per animal. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34437-081699) A RESOLUTION authorizing and providing for an agreement between the City of Roanoke and the Roanoke Valley Society for the Prevention of Cruelty to Animals relating to the operation of an animal shelter by the Society. (For full text of Resolution, See Resolution Book No. 62, page 155.) Mr. Trout moved the adoption of Resolution No. 34437-081699. The motion was seconded by Mr. Swain and adopted by the following vote: 35 AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) POLICE DEPARTMENT-GRANTS: The Acting City Manager submitted a written report advising that the Omnibus Fiscal Year 1999 Appropriations Act provides funding for implementation of the Local Law Enforcement Block Grant Program, administered by the Bureau of Justice Assistance (BJA), U. S. Department of Justice; the purpose of the Local Law Enforcement Block Grant Program is to provide local governments with funds to underwrite projects to reduce crime and to improve public safety; the fiscal year 1998 grant administered through this process has provided funding for police bicycles and police overtime, with guidance on the location of enhanced patrol provided by an advisory board of citizens and City officials; an average of 400 hours of extra bicycle patrol per month has been provided this summer by the fiscal year 1998 grant program; officers have placed over 300 criminal and traffic charges since April of 1999; and the Police Department would like to apply for funds under this block grant to continue the program of enhanced bicycle patrol and to seek the purchase of a "mobile precinct station", which is a specialized vehicle to enhance community policing efforts in neighborhoods. It was pointed out that the Bureau of Justice Assistance has advised that the City of Roanoke is eligible to apply to BJA for a direct award of $138,159.00 under this program; the program award would require a cash matching fund amount of $15,351.00 (an amount equal to one-ninth of the federal award) as part of the total program amount of $153,510.00; and local match funds are available in the Police Department's Federal Asset Forfeiture Distributions Investigations and Rewards Account No. 035-050-3304-2150. The Acting City Manager recommended that Council apply for funds from the Local Law Enforcement Block Grant; and that he be authorized to execute all appropriate documents to obtain funding through the Local Law Enforcement Block Grant Program administered by the Bureau of Justice Assistance (BJA). (For full text, see report on file in the City Clerk's Office.) 36 ACTION: Mr. Hudson offered the following resolution: (#34438-081699) A RESOLUTION authorizing the application for and, if approved, the acceptance of a certain Law Enforcement Block Grant from the United States Department of Justice's Bureau of Justice Assistance and authorizing execution of any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 62, page 156.) Mr. Hudson moved the adoption of Resolution No. 34438-081699. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) GRANTS-WESTERN VIRGINIA FOUNDATION FOR THE ARTS AND SCIENCES-NEIGHBORHOOD ORGANIZATIONS: The Acting City Manager submitted a written report advising that the Virginia General Assembly allocated $500,000.00 in 1999 for the Derelict Structures Fund for the purpose of helping localities to address vacant, deteriorated buildings (residential, commercial or industrial); a locality may submit one application for up to $100,000.00 which may include more than one project; award of funds will be on a state-wide competitive basis and require equal matching funds from the owner or the local government; the City of Roanoke received $100,000.00 from a similar fund competition in 1997 and assisted in the rehabilitation of One Elm Place, located atthe corner of Elm Avenue and First Street, S. W.; the deadline for submittal of proposals to the Virginia Department of Housing and Community Development (DHCD) is August 27; and the proposal must include a resolution from Council authorizing application for a specific project(s). It was further advised that the City's Housing Development Office solicited project ideas from the community in July; and seven projects were received, as follows: 37 Western Virginia Foundation for the Arts and Sciences - $100,000.00 for the rehabilitation of the vacant, former Shenandoah Hotel for retail and residential development. Northwest Neighborhood Environmental Organization - $100,000.00 for the redevelopment of the 900 block of Centre Avenue to acquire property, demolish three vacant structures, and construct a new 35 unit assisted care facility. Blue Ridge Housing Development Corporation - $70,000.00 for acquisition of vacant property and the rehabilitation of a vacant, commercial building at411 11th Street, N. W., for offices. The Pigeon Palace, LLC (Frith, Anderson & Peake) - $50,000.00 for the rehabilitation of a vacant, commercial building at 29 Franklin Road, S. W., for offices. Auslo, LLC (Phillip Bane) -$50,000.00 for the rehabilitation of a vacant, residential building at 549 Elm Avenue, S. W., for offices. O. Sands and Marilyn A. Woody - $100,000.00 for the rehabilitation of a vacant, commercial building at 311 - 315 Market Street and 24 Church Avenue for retail, office and residential development. State & City Investments, LLC (Will Trinkle) - $100,000.00 for the rehabilitation of the State & City Building at 104 Campbell Avenue, S. W., for residential housing. It was explained that the Western Virginia Foundation for the Arts and Sciences project (Shenandoah Hotel) was identified as the strongest proposal for funding in terms of its importance to downtown and the historic City Market, its documented private and public support, and its impact on the community; and the project is located at a major entrance into downtown Roanoke and the City Market, both important tourist destinations. The Acting City Manager recommended that he be authorized to submit an application to the Virginia Department of Housing and Community Development for the Derelict Structures Fund for 38 $100,000.00 on behalf of the Western Virginia Foundation for the Arts and Sciences and that Council adopt a resolution in support of the application. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#34439-081699) A RESOLUTION endorsing the Western Virginia Foundation for the Arts and Sciences project for the rehabilitation of the structure located at 128-132 Campbell Avenue, S. E., known as the Shenandoah Hotel. ACTION: (For full text of Resolution, see Resolution Book No. 62, page 157.) Mr. Swain moved the adoption of Resolution No. 34439-081699. The motion was seconded by Mr. Hudson. James Lesniak, Community Planner, Northwest Neighborhood Environmental Organization, (NNEO), advised that NNEO also submitted a request for funds under the Derelict Structures Fund, and while rehabilitation of the Shenandoah Hotel is a worthwhile undertaking, the NNEO has been consistently disappointed that large sums of Community Development Block Grant funds are earmarked for projects which appear to be more focused on the downtown area, while living conditions of Iow income citizens in the City of Roanoke continue to go down. He stated that NN£O has participated in grass roots efforts to revitalize the Gilmer neighborhood for approximately 20 years, during which time 30 homes have either been rehabilitated or constructed, ten affordable rental units have been developed, ten additional units are proposed to be developed, 40 vacant lots have been maintained, and NNEO has participated in beautification projects that include gateway signs and tree plantings, etc. He explained that NNEO's request for funding through the Derelict Structures Fund was for the purpose of providing housing for Iow income senior citizens through the development of 35 or more units to be targeted for Iow income seniors, specifically from the area encompassed by NNEO. He stated that NNEO believes that this is the kind of proJect that the City should support; and earlier this year, the organization was denied CDBG and HOME funds for a similar project, the project site was toured with the Acting City Manager and other City staff, and representatives of NNEO were assured that this was the type of project that the City would support, however, to date, no funding commitment has occurred. 39 ACTION: He added that currently NNEO is in the process of developing 20 rental units for Iow income families, at a total development cost of $2.1 million, the largest portion being development of four new duplexes in the 1000 block of Loudon Avenue, no local dollars have been contributed to the project, and below income housing tax credits and funds from the Home Virginia Housing Partnership will be used. He stated that if Council is truly committed to making the City a better place to live, it is time to support the City's most valuable resource, its citizens, and specifically those citizens who are of Iow income. He advised that over the past two years, NNEO has generated approximately $3.5 million in development in the Gilmer neighborhood which has not only resulted in an increase in property values, but an increase in tax revenue for the City. Resolution No. 34439-081699 was adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) Mr. Swain offered the following resolution: (#34440-081699) A RESOLUTION authorizing the City Manager to prepare and submit an application to the Virginia Department of Housing and Community Development for the Derelict Structures Fund on behalf of the Western Virginia Foundation for the Arts and Sciences for the rehabilitation of the structure located at 128-132 Campbell Avenue, S. E., known as the Shenandoah Hotel. (For full text of Resolution, see Resolution Book No. 62, page 158.) Mr. Swain moved the adoption of Resolution No. 34440-081699. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. 40 (Vice-Mayor Harris was absent.) BUDGET-FDETC: The Acting City Manager submitted a written report advising that the Fifth District Employment and Training Consortium (FDETC) administers the federally funded Job Training Partnership Act (JTPA) for the Fifth Planning District; the FDETC serves eligible residents in the counties of Allegheny, Botetourt, Craig and Roanoke, as well as the cities of Clifton Forge, Covington, Roanoke and Salem; the FDETC serves two primary client populations: the economically disadvantaged and dislocated workers; the City of Roanoke is the grant recipient for FDETC funding; and Council must appropriate the funding for all grants and other monies received by the FDETC. It was further advised that the Governor's Employment and Training Department (GETD) has sent to the Consortium Notices of Award for programs which include on-the-job training, work experience, job related education, classroom training, job placement activities, and remedial education in the following amounts: Title II-A (Adults ages 22 and over) - $328,711.00 and Title III-F (Dislocated Workers) - $250,819.00; the Virginia Employment Commission has notified the Consortium of approval of a request for $340,000.00 to operate a Governor's Regional Project for fiscal year 2000, which funds will be used to serve displaced workers; and Council approved 1999- 2000 Community Development Block Grant (CDBG) Contracts for services, and authorized the following CDBG activities for administration by the Fifth District Employment and Training Consortium: Opportunity Knocks - $15,700.00 and Business Training Initiative - $38,700.00. The Acting City Manager recommended that Council appropriate FDETC funding totaling $973,930.00 and increase the revenue estimate by $973,930.00, in accounts to be established in the Consortium Fund by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the.following emergency budget ordinance: (#34441-081699) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Consortium Fund Appropriations, and providing for an emergency. 41 ACTION: (For full text of Ordinance, see Ordinance Book No. 62, page 159.) Mr. Swain moved the adoption of Ordinance No. 34441-081699. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) BUDGET-GRANTS-JUVENILE CORRECTIONAL FACILITIES- YOUTH: The Acting City Manager submitted a written report advising that the City of Roanoke has been advised by the Department of Criminal Justice Services that Grant No. 00-3256JJ99 for Sanctuary's Aggression Replacement Training and Education Program has been approved, in the amount of $74,972.00, for the period July 1, 1999 through June 30, 2000, which is the first year of the five year award; funds are used to cover the salaries of one-half of the Outreach Coordinator's position, a Youth Counselor II, wages for a temporary employee, and related program activities; the program is modeled after Sanctuary's Anger Replacement Training group that was funded by the VJCCCA, which had a 94 per cent success rate with violent or aggressive acting out juveniles who are before the court or diverted by the court for violent crimes; and Juvenile Court Judges expressed a continued desire for the program when itwas discontinued by VJCCCA. It was further advised that there is a need for alternatives for Juvenile Court Judges, and this program contributes to the range of options available to Juvenile Court Judges; and to enhance public safety by reducing teen violence by keeping families together and teaching alternatives to violence. The Acting City Manager recommended that he be authorized to execute the required documents to accept funding from the Department of Criminal Justice Services, Grant No. 00-A3255JJ99, for the Sanctuary Outreach Aggression Replacement Training and Education Program, which will provide for a five year grant cycle with increasing local responsibility for funding; subject to the availability of JJDP Act Title II funds, the grant may be continued for up to five years, with a 25 per cent decrease in funds in the third year, a 50 per cent decrease in funds 42 ACTION: ACTION: for the fourth year, and a 75 per cent decrease in funds for the fifth year to allow for location institutionalization and full assumption of costs; authorize the Director of Finance to establish a revenue estimate, in the amount of $74,792.00, in an account to be established in the Grant Fund; and appropriate funds, in the amount of $74,972.00, to certain expenditure accounts. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34442-081699) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 162.) Mr. Swain moved the adoption of Ordinance No. 34442-081699. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) Mr. Swain offered the following resolution: (#34443-081699) A RESOLUTION accepting the Juvenile Justice and Delinquency Prevention Grant, No. 00-A3256JJ9, from the Department of Criminal Justice Services (DCJS) for funding of the Sanctuary's Aggression Replacement Training and Education Program (ARTEP). (For full text of Resolution, see Resolution Book No. 62, page 163.) Mr. Swain moved the adoption of Resolution No. 34443-081699. The motion was seconded by Ms. Wyatt and adopted by the following vote: 43 AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) BUDGET-GRANTS-YOUTH-SCHOOLS: The Acting City Manager submitted a written report advising that the U. S. Department of Agriculture (USDA) has solicited applications from municipalities to participate in the 1999 Virginia Summer Food Service Program; the purpose of the program is to provide nutritionally balanced, healthy meals to children, ages 1 through 18, from Iow-income families at designated sites within the City during the summer months of 1999; $15,245.00 has been allocated by Council in the 1999-2000 budget to the Director of Human Development to support the staffing and administration of the program; the City of Roanoke has operated this program since 1993; approximately 35,000 meals were consumed during each summer; and the U. S. Department of Agriculture is supportive of efforts by the City of Roanoke to continue the program and has expressed its interest in providing the necessary assistance to accomplish the program's objectives. It was further advised that a grant application for the Virginia Summer Food Service Program has been prepared by the City's Office on Youth on behalf of the City of Roanoke and approved by the U. S. Department of Agriculture for funding for the period June 1999 through August 1999; approximately 800 daily meals (breakfast and lunch)were proposed for youths at 18 participating sites; it is estimated that approximately 31,000 meals will be served through the project; the 18 proposed locations reflect both the success of last year's program and the broad need for such a program for youth in the City; the Directorate of Human Development has administered the project in conjunction with the City's Office on Youth and in collaboration with departments/agencies such as Parks and Recreation, Roanoke City Schools, Roanoke Redevelopment and Housing Authority (RRHA), and Total Action Against Poverty; and cost projections from USDA funding total $107,324.00. The Acting City Manager recommended that Council endorse the grant application, accept the subsequent grant award and authorize the Acting City Manager, or his designee, to execute all documents necessary to accept the grant from the U. S. Department of Agriculture, ACTION: ACTION: in an amount not to exceed $107,324.00; appropriate $107,324.00 in Federal funds and $15,245.00 in local match to accounts to be established in the Grant Fund by the Director of Finance; and establish revenue estimates in the Grant Fund. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34444-081699) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 164.) Mr. Hudson moved the adoption of Ordinance No. 34444-081699. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) Mr. Hudson offered the following resolution: (#34445-081699) A RESOLUTION endorsing the grant application made on behalf of the City of Roanoke to the United States Department of Agriculture for the 1999 Summer Food Service Program, accepting the subsequent grant award, authorizing execution of the necessary documents in connection with the grant, and authorizing the negotiation and execution of the appropriate agreements. (For full text of Resolution, see Resolution Book No. 62, page 166.) Mr. Hudson moved the adoption of Resolution No. 34445-081699. The motion was seconded by Mr. Swain and adopted by the following vote: 46 AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) BUDGET-GRANTS-YOUTH: The Acting City Manager submitted a written report advising that the Office on Youth Grant was first officially awarded to the City under the Virginia Delinquency Prevention and Youth Act on June 17, 1980; fiscal year 1999-2000 Office on Youth grant application was submitted to the Department of Juvenile Justice in May, 1999; the grant will provide for continuation of coordinated planning and program implementation of the Office on Youth; the fiscal year 1999-2000 grant budget totals $76,532.00, with a local cash match in the amount of $32,128.00 which was included in the fiscal year 1999- 2000 General Fund budget in the Transfer to Grant Fund, Account No. 001-004-9310-9535; and additional funding of $6,293.00 is necessary to continue program operations. The Acting City Manager recommended that Council accept the State Department of Juvenile Justice grant and authorize the Acting City Manager, or his designee, to execute the grant agreement and related documents on behalf of the City, in a form to be approved by the City Attorney; budget funding, in the amount of $76,532.00, in revenue accounts to be established in the Grant Fund by the Director of Finance; appropriate funding, in the amount of $76,532.00, to certain expenditure accounts; and transfer $6,293.00 from Contingency Account No. 001-002-9410-2199 to Account No. 001-004-9310-9535,to provide local matching funds. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34446-081699) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 167.) 46 ACTION: Mr. Swain moved the adoption of Ordinance No. 34446-081699. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6o NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) Mr. Swain offered the following resolution: (#34447-081699) A RESOLUTION authorizing acceptance of a grant from the Virginia Department of Juvenile Justice on behalf of the City to continue coordinated planning and program implementation of the Office on Youth, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. (For full text of Resolution, see Resolution Book No. 62, page 169.) ACTION: Mr. Swain moved the adoption of Resolution No. 34447-081699. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent,) BUDGET-GRANTS-BLUE RIDGE INDEPENDENT LIVING CENTER: The Acting City Manager submitted a written report advising that the Fifth District Disability Services Board (DSB) is responsible to local governments and serves as a critical resource for needs assessment, information sharing and service opportunities for citizens with disabilities, their families and the community; the following jurisdictions in the Fifth Planning District have adopted resolutions establishing their participation in a regional effort and have appointed a local official to serve: City of Roanoke, Town of Vinton, Roanoke County, City of Salem, City of Covington, Craig County, Botetourt 47 County, City of Clifton Forge and Allegheny County; other members of the DSB include representatives from business and consumers; funds from the State Rehabilitative Services Incentive Fund (RSlF), a short- term, non-renewable, stimulus fund designed to promote investment in meeting the needs of individuals with physical and sensory disabilities, have been allocated to the Fifth District DSB for the fourth consecutive year by the State Department of Rehabilitative Services; and Council authorized the Director of Finance to serve as Fiscal Agent for the Fifth Planning District Disabilities Services Board on September 25, 1995, pursuant to Resolution No. 32675-092595. It was further advised that the DSB solicited proposals for the use of 1999-2000 RSlF funds; and the Department of Rehabilitative Services and the Disability Services Council approved funding, in the amount of $45,746.00, for the following: Blue Ridge independent Living Center (personal assistance, prescriptions, home modification, independent living coordinator, telephone, travel, office supplies, rent). It was explained that the Blue Ridge Independent Living Center will provide the required local matching funds ($4,580.00) for this grant, and no City funds will be required for the match; and funds from the State Rehabilitative Services Incentive Fund (RSlF), in the amount of $45,746.00, will be received by the City's Director of Finance as the Fiscal Agent. The Acting City Manager recommended that Council accept funding, in the amount of $45,746.00, from the State Rehabilitative Services Incentive Fund and budget funding, in the amount of $45,746.00, in a revenue account to be established in the Grant Fund by the Director of Finance; and appropriate funds, in the amount of $45,746.00, to Blue Ridge Independent Living Center. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34448-081699) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 169.) 48 ACTION: ACTION: Mr. Swain moved the adoption of Ordinance No. 34448-081699. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: COUNCIL-VIRGINIA MUNICIPAL LEAGUE: Mr. Swain offered the following resolution providing that the regular meeting of City Council scheduled to be held on Monday, October 18, 1999, shall be rescheduled to Wednesday, October 20, 1999, due to the Virginia Municipal League Annual Conference which will be held in Williamsburg, Virginia, on October 17 - 19, 1999: (#34449-081699) A RESOLUTION providing that the regular meeting of City Council scheduled to be held on Monday, October 18, 1999, shall be rescheduled to Wednesday, October 20, 1999. (For full text of Resolution, see Resolution Book No. 62, page 171.) Mr. Swain moved the adoption of Resolution No. 34449-081699. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: 49 INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: CITY MANAGER-COUNCIL: Mr. Hudson moved that Council hold a Closed Meeting, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, to interview candidates for the position of City Manager. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) ACTS OF ACKNOWLEDGEMENT-CHURCHES: Inasmuch as Dr. Charles G. Fuller, Pastor, First Baptist Church, will retire on October 3, 1999, after 38 years of service, Mayor Bowers requested that Council Member Trout and the City Clerk recommend a means of recognizing the service of Dr. Fuller. REFUSE COLLECTION-PUBLIC WORKS: Council Member Swain addressed the problem of lifter throughout the City of Roanoke, and suggested that the support of citizens/business owners be solicited to pick up trash and cut grass. CITY ATTORNEY-COUNCIL: Council having previously met in Closed Meeting to consult with legal counsel on a matter of probable litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, at the 12:15 p.m. meeting, continued until 1:35 p.m., and further continued until following the 2:00 p.m. Council meeting, the Mayor advised that due to time limitations, the Closed Meeting would have to be concluded and scheduled for further discussion at a future Council meeting. With respect to the above described Closed Meeting, Mr. White moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2)only such public business matters as were 50 identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers .............................................................................. 6. NAYS: None ........................................................................ 0. (Vice-Mayor Harris was absent.) At 6:00 p.m., the Mayor declared the meeting in recess. At 6:17 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Vice-Mayor Harris. ACTION: COUNCIL: With respect to the Closed Meeting just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) Only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. OATHS OF OFFICE-COMMITTEES-PENSIONS: The Mayor advised that there is a vacancy on the Board of Trustees, City of Roanoke Pension Plan, created by the resignation of E. Douglas Chittum, and called for nominations to fill the vacancy. Mr. White placed in nbmination the name of D. Elliott Bayer. 51 ACTION: ACTION: Thers being no further nominations, Mr. Bayer was appointed as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2002, by the following vote: FOR MR. BAYER: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................. 6. (Vice-Mayor Harris was absent.) In as much as Mr. Bayer is not a City resident, Mr. White moved that the City residency requirement be waived in this instance. The motion was seconded by Mr. Hudson and adopted. OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Mayor advised that there is a vacancy on the Special Events Committee created by the resignation of Margaret Thompson, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of Rodney F. Lewis. There being no further nominations, Mr. Lewis was appointed as a member of the Special Events Committee, for a term ending June 30, 2000, by the following vote: FOR MR. LEWIS: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers .............................................................. 6. (Vice-Mayor Harris was absent.) RADIO/TELEVISION-COUNCIL: For future City Council meetings, it was the consensus of Council that RVTV Channel 3, coverage of the regular meetings will be televised through Other Hearings of Citizens. At 6:25 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Monday, August 16, 1999, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. 52 PRESENT: Council Members James O. Trout, William White, Sr., Linda F. Wyatt, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A. Bowers ........................................................................... 6. ABSENT: Vice-Mayor C. Nelson Harris .................................. 1. OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. HEARING OF CITIZENS: COMPLAINTS-NORFOLK SOUTHERN CORPORATION: Mr. David Lawhorn, 1018 Murray Avenue, S. E., called attention to the practice of Norfolk Southern Railway of operating trains during the 5:00 p.m. rush hour which causes traffic congestion at railroad crossings and creates a traffic hazard. He asked that the City request Norfolk Southern officials to refrain from blocking railroad crossings between the hours of 3:00 p.m. to 6:00 p.m., Monday through Friday. It was the consensus of Council that the remarks of Mr. Lawhorn would be referred to the Acting City Manager for response. The Mayor requested that Council be advised of the status of the Williamson Road Bridge approaching downtown Roanoke, and plans for the bridge in southeast Roanoke. PETITIONS AND COMMUNICATIONS: ARCHITECTURAL REVIEW BOARD: Ms. Peggy Overton, 547 Mountain Avenue, S. W., appeared before Council and appealed a decision of the Architectural Review Board to grant a Certificate of Appropriateness to Adam Cohen, representing A & E Partnership, for construction of a new structure at 541 Allison Avenue, S.W. She advised that her appeal is based on the fact that the building does not meet historic guidelines which state that new construction should 53 include a front porch that is a predominant feature, predominant roof forms must be compatible with existing buildings in the immediate vicinity of the new construction, and new construction must uphold the traditional character of residential buildings in the historic district. She explained that if the house is allowed to be constructed, a precedent will be set for construction of other houses that are out of character with the remainder of the neighborhood. Donald C. Harwood, Vice-Chair, Architectural Review Board, appeared before Council and presented a report of the Board requesting that Council either affirm the decision of the Architectural Review Board, or modify the decision to incorporate the recommended enhancements discussed with the A & E Partnership on August 9, 1999. (For full text, see report on file in the City Clerk's Office.) Mr. Harwood advised that because of the construction of a number of new duplexes and structures that showed no concern for the scale or rich detail of the older homes that comprise the old southwest neighborhood, approximately 15 years ago, a movement was initiated toward establishing a protective umbrella over the district. He stated that this movement led to the identification of a historic district, then to the appointment of an Architectural Review Board and to the creation of the standard architectural design guidelines for H-1 and H-2 Districts, and these guidelines encourage a good fit and provide education regarding the practical approach to incorporating the historic guidelines. He advised that the Architectural Review Board is made up of design professionals, historians, and individuals familiar with the industry, who are charged with the responsibility of identifying, constructing and reconstructing the architectural fabric of Roanoke's historic districts, which is a task that the Architectural Review Board takes seriously and most particularly when issues are presented that will set precedence for future activities within the historic districts. He noted that the matter before Council demonstrates how the Architectural Review Board can work with an applicant to mold what may have been a less sensitive proposal into a successful solution that meets the guidelines and the intent of the historic district. He stated that at the beginning of the process, the developer presented the Architectural Review Board with a project that was lacking in detail, scale and sensitivity to the neighborhood and to the guidelines, and over the ensuing months, members of the Architectural Review Board met informally on numerous occasions to assist the developer in upgrading his proposal to the level of a good fit. He explained that 54 several months ago, atthe formal resubmittal of the revised project, the developer was turned down by the Architectural Review Board as a result of continued concerns of the neighborhood, because the Board did not believe that the project had yet achieved that level of good fit; the developer continued to seek the advice of the Architectural Review Board as to what would constitute a good solution and after counseling, the developer brought before the Board a proposal that met the intent of the guidelines. He stated that the concerns of citizens were heard by the Architectural Review Board and the project involved a developer who was committed enough to his project to stay with the cause, along with those involved, to see if the project could evolve into a positive solution for future development and a positive solution for the neighborhood and the district. He further stated that the Architectural Review Board realizes that not everyone will be happy with the final outcome, however, review boards are appointed to provide a consistent approach to uphold the values of a historic district by those determined to be qualified to do so; and the solution in this situation demonstrates that a developer must pay attention to the details and to the written word of the guidelines, and the solution also demonstrates to the community that in all controversial decisions there is compromise, but by compromise, quality and sensitivity do not have to be sacrificed. He urged that Council, in upholding the decision of the Architectural Review Board, recognize the individual qualifications of each Architectural Review Board member and their commitment to the decision being challenged this evening. Mr. Dale Edwards, 435 Woods Avenue, S. W., advised that he has resided in old southwest for 15 years, long before the Architectural Review Board and the historic district were established. He stated that he has engaged in some renovations to his home; however, presently, he has stopped renovating the outside of the house because of inconsistencies of the Architectural Review Board and its process. He further stated that homeowners in old southwest have been held to these guidelines by the Architectural Review Board, but it appears that the Board uses these guidelines only when it is to their benefit. He added that he would like to maintain the character of the residential houses in the historic district and any new residential construction should set an example by being compatible with the remainder of the houses in the district. He noted that hip roofs, height limitations, and a full front porch are requirements set by the historic guidelines so as to provide a good fit with other houses in the neighborhood; however, the house proposed to be constructed by A & E Partnership does not fit the historic guidelines, nor is it compatible with the rest of the neighborhood. 55 Mr. Paul English, 536 Allison Avenue, S. W., advised that he supports the appeal of Ms. Overton to the decision of the Architectural Review Board. He further advised that Chapter 36 of the Zoning Ordinance regarding the H-2 District states that the burden for new construction in the H-2 District should encourage new construction or alternatives which are compatible with the existing scale and character of surrounding properties. He stated that the Architectural Review Board and the developer have worked to improve the initial design, certain standards prevail over minimal requirements for the old southwest area and to rule otherwise would signal the demise of old southwest. He asked that the City of Roanoke plan for the 21st century with a vision that celebrates the City's history and integrity which is embodied in old southwest.. Mr. Lawrence Goldstein, owner of property at 432 Highland Avenue, S. W., advised that one of his major concerns regarding development of the property proposed by A & E Partnership is the height of the building. He stated that none of the architectural drawings submitted to date show the height of the dwelling and if the Architectural Review Board has a requirement pertaining to the height of buildings, it should not accept drawings that do not show the proper dimensions. He also expressed concern with regard to the roof on the proposed building, and advised that in order to conform to the area, the roof should be architecturally interesting in design; all roofs in the area are hip roofs and multi-dimensional, while the proposed roof is not a hip roof or a multi-dimensional roof and includes no dormers, the front door has no glass or transom, the front porch is more of a walkway, and the proposed design does not enhance the neighborhood. He advised that when the request of A & E Partnership was approved by the Architectural Review Board, there was no notice to interested persons regarding the appeal process, and suggested in the future that citizens be advised of their right to appeal the decision of the Architectural Review Board. Ms. Carolyn Otterman, 601 Allison Avenue, S. W., appeared before Council in support of the appeal of Ms. Overton. She requested that Council over turn the decision of the Architectural Review Board, based on the fact that the proposed construction does not meet the historic guidelines as set forth in the guidelines for new construction in the H-2 District. She advised that the decision of the Architectural Review Board has brought to light more complex issues relating to the Architectural Review Board and the City Planning Commission. She further advised that in the 43 years that she has lived in old southwest, 56 the quality of life for property owners is currently at its lowest, and the intent of Council to create the H-2 District has gotten out of focus. She called attention to a meeting initiated by the City which was attended by a select group of individuals; however, no adjacent property owners were invited to attend at which time changes in plans for the new construction were discussed along with any options that Council might take on the appeal. She inquired if the proposed plans of A & E Partnership already met the guidelines approved by the Architectural Review Board, why was there a need for discussion on changes and why were adjoining property owners not invited to participate in the meeting. She requested that Council investigate the Architectural Review Board relative to the material that was provided to Council prior to the meeting. Mr. Bruce Cusic, 509 Allison Avenue, S. W., Officer and Board Member of Old Southwest, Inc., advised that an informal meeting was held to discuss the revised plans of the developer, at which time Ms. Overton agreed to the proposed changes which now meet all zoning guidelines. He explained that the last positive residential project in old southwest was over 20 years ago, there are presently 45 empty lots in old southwest, and the proposed construction will provide another opportunity to draw people back into the City. He requested that Council support the project'as proposed by A & E Partnership. Mr. Moncie Smith, 609 Woods Avenue, S. W., advised that the issue concerning new construction at 541 Allison Avenue, S. W., is an example of what is believed to be a greater problem. He stated that it is felt that what the Architectural Review Board and the City Planning Commission are trying to do in old southwest, in concept, is good; and old southwest believes in the idea of an Architectural Review Board and its guidelines, but something within the concept is not working. He explained that there needs to be a new level of understanding concerning the future of the H-2 District, the guidelines and their effect on property owners, present and future. He added that the house proposed to be constructed at 541 Allison Avenue is the latest example of what some residents believe is wrong and the issue should not have gone this far without a solution. He stated that the developer is encouraged to purchase and to construct a house at 541 Allison Avenue; however, the Architectural Review Board and City Planning staff have allowed the developer to merely attempt to meet what they tell property owners is the law regarding their properties. He explained that the Architectural Review Board, which has promoted a dictatorial attitude toward property owners, does not encourage persons to move 57 into the H-2 District; and the Architectural Review Board has gone beyond the bounds of rezoning and is trying to control, by law, the guidelines and rights of property owners, and this type of overburden of power attacks one of the main principles on which government was founded. He requested that Council over rule the decision of the Architectural Review Board and deny the request of A & E Partnership to construct a house at 541 Allison Avenue, S. W., and that property owners be assured of a review of the process involving the Architectural Review Board and the City Planning Department to insure that the rights of property owners are protected. Ms. Freida Mabe, 617 Woods Avenue, S. W., opposed the proposed construction at 541 Allison Avenue and expressed concern over the control of the Architectural Review Board over property owners who wish to make improvements to their property on a limited income. Mr. Gary Johnson, 537 Allison Avenue, S. W., advised that he purchased his house approximately one year ago and he has invested a considerable sum of money and labor in renovations. He expressed concern that any new construction or renovation should be compatible with the character of the remainder of the historic neighborhood. Adam J. Cohen, representing A & E Partnership, developer of the property at $41 Allison Avenue, S. W., advised thatwhen he initiated the project, the concept was somewhat bland and through multiple revisions, plans have been developed which meet the guidelines of the Historic District and were approved on a 5-0 vote of the Architectural Review Board. He explained that the height of the house was discussed at length and the approved version of the planning documents that were submitted to the Architectural Review Board contained the height dimensions. He stated that concern has been expressed regarding the design of the roof and called attention to similar roof design at 528 and 536 Allison Avenue. He presented a diagram depicting how the proposed house will fit in with the streetscape of Allison Avenue, and advised that construction costs are in the range of $140,000.00. He advised that he worked with the Architectural Review Board to refine the project and to reach a compromise to cause the development to be more appealing to property owners in old southwest. 58 Ms. Joel Richert, 415 Allison Avenue, S. W., advised that new residential construction in the neighborhood is a positive change, and the Architectural Review Board is a working board that has tried to encourage proper development in old southwest. She stated that the Architectural Review Board operates by guidelines that were carefully produced and intended to serve as a guideline; the intent of the Zoning Ordinance has been met regarding the proposed construction at 541 Allison Avenue, S. W.; and a house identical to what was previously on the site could not be constructed today because cost alone would be a prohibitive factor; She requested that Council trust in the judgement of the Architectural Review Board because the intent of the law has been met, and asked that Council vote in favor of constructing the house at 541 Allison Avenue which will serve as an enhancement to the neighborhood. Evelyn S. Lander, Secretary, Architectural Review Board, advised that the Board was initiated as a community driven entity appointed by Council, and her responsibility with the Board is to coordinate issues between the Architectural Review Board and citizens, with no power of voting. She explained that guidelines of the Architectural Review Board were not developed in a vacuum, but were developed over a two year period with discussion by .many residents and the Old Southwest neighborhood organization, along with workshops, media releases, news releases, etc., which provided ample opportunity for input by all persons involved. She stated a consultant was engaged to insure that the guidelines were applicable, appropriate and easily understood by home owners. She explained that the historic district regulations have changed over time since their initial adoption in 1987, and revisions in 1991-92 were more stringent. She advised that the meeting which was held on August 9, 1999, was intended to bring people together who had similar interests in a smaller discussion group to determine if there were areas of agreement or disagreement, the end result being a project that old southwest residents would be comfortable with. She reviewed the proposed dimensions of the building, which will be an L- shaped house that is typical of other houses in the historic district and includes a small front porch, however other examples are found in the historic district. Mr. Hudson moved that based upon the evidence (testimony and documents) presented that Council affirm the decision of the Architectural Review Board.under date of July 8, 1999, and authorize issuance of a Certificate of Appropriateness for the construction of a structure to be located at 541 Allison Avenue, S. W., on the grounds 59 that the proposed construction is compatible with the H-2 District and enhances those special visual and spacial qualities that the H-2 District was established to protect. The motion was seconded by Ms. Wyatt. Following further discussion, Mr. Trout called for the question, thereby ending debate. The above stated motion was adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................................. 6. NAYS: None ............. - .......................................................... 0. (Vice-Mayor Harris was absent.) Ms. Wyatt advised that it appears that part of the frustration of property owners in old southwest is the feeling that there is a double standard, one standard for new construction and another standard for renovating existing property, which breeds frustration, dissention and animosity in the neighborhood. She requested that the matter be referred to the Acting City Manager for review of the historic guidelines in an effort to eliminate the perception that there is a double standard. PUBLIC HEARINGS: STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 16, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Foot Levelers, Inc., that a portion of the southern end of Sixth Street, N. E., (Wenona Avenue), b~ permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, July 29 and Thursday, August 5, 1999, and in The Roanoke Tribune on Thursday, August 5, 1999. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that Foot Levelers, Inc., is a local enterprise engaged in the manufacture of orthotic shoe inserts; the applicant desires to expand the existing 6O ACTION: manufacturing operations by enlarging and extending the existing building in a northerly direction for a distance of approximately 127 feet; and the applicant has'indicated that this is the first phase of a three phase expansion plan, was before Council. The City Planning Commission recommended that Council approve the request, subject to certain conditions. (For full text, see report on file in the City Clerk's Office.) James F. Douthat, Attorney, appeared before Council in support of the request of his client. Mr. Trout moved that the following ordinance be placed upon its first reading: (#34450) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 62, page 172.) The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the request. There being none, Ordinance No. 34450 was adopted, on its first reading, by the following vote: AYES: Council Members Trout, White, Hudson, Swain and Mayor Bowers ............................................................................ 5. NAYS: None ....................................................................... 0. (Council Member Wyatt was out of the Council Chamber when the vote was recorded and Vice-Mayor Harris was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 16, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Mr. and Mrs. Donald F. Lopez, that a 0.43 acre tract of land located at 5416 Airport Road, N. W., identified as Official Tax No. 6640108, be rezoned from RS- 61 3, Residential Single-Family District, to C-1, Office District, subject to certain conditions proffered by the petitioners, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, July 29 and Thursday, August 5, 1999, and in The Roanoke Tribune on Thursday, August 5, 1999. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to provide office space for an insurance business, was before Council. The City Planning Commission recommended that Council approve the request for rezoning, advising that the subject property is adjacent to an industrially zoned property and is located in a mixed commercial-industrial area; and although there are other residential structures in the immediate area, the City's Comprehensive Plan targets the area for future industrial development and the rezoning to C-1 would be consistent with this desired future development goal. (For full text, see report on file in the City Clerk's Office.) Charles Osterhoudt, Attorney, appeared before Council in support of the request of his client. ACTION: Mr. Trout moved that the following ordinance be placed upon its first reading: (#34451) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 664, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 62, page 174.) The motion was seconded by Mr. Hudson. The Mayor inquired if there were persons present who would like to address Council with regard to the request. There being none, Ordinance No. 34451 was adopted, on its first reading, by the following vote: 62 ACTION: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers .................. -. ......................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 16, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Mr. Edward C. Park, III, and Mr. and Mrs. Gustavis G. Lovell, that a tract of land located on the north side of Fugate Road, N. E., being the rear 79 feet of a lot identified as Official Tax No. 3101007, be rezoned from RM-1, Residential Multi-Family District, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, July 29 and Thursday, August 5, 1999, and in The Roanoke Tribune on Thursday, August 5, 1999. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the property will be used only for one or more of the following purposes: automobile accessory sales with related installation, automobile cleaning facility, and/or automobile repair establishment (but not painting or body shop); and there will be no further subdivision of the property. The City Planning Commission recommended that Council approve the second amended petition to rezone the described portion of Official Tax No. 3101007, subject to proffered conditions in the amended petition. (For full text, see report on file in the City Clerk's Office.) Daniel F. Layman, Jr., Attorney, appeared before Council in support of the request of his clients. Mr. Trout moved that the following ordinance be placed upon its first reading: 63 (#34452) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 310, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 62, page 175.) The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the request. There being none, Ordinance No. 34452 was adopted, on its first reading, by the following vote: AYES: Council Members Trout, White, Wyatt, Hudson, Swain and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) OTHER HEARING OF CITIZENS: BUDGET-ARCHITECTURAL REVIEW BOARD: Mr. James Armstrong, 619 Highland Avenue, S. W., addressed those issues that arise outside of the routine budget process. He advised that the problem in approving funding requests outside of the normal budget process is that decisions are made without consideration of other alternatives and/or priorities, and the fact that large sums of money were appropriated in the last year outside of the normal budget process sets a precedent for those kinds of difficult decisions that Council has been called upon to address in recent times. He stated that Council will continue to be faced with requests for large sums of money to be provided outside of the routine budget process, and encouraged Council to refer those requests to a budget committee for report and recommendation, thus establishing a mechanism to address future funding requests. Mr. Armstrong commended the action of Council in affirming the decision of the Architectural Review Board regarding the property located at 541 Allison Avenue, S. W., and for respecting the advice of Council's appointees to the Architectural Review Board. (See pages 53 - 60.) 64 There being no further business, the Mayor declared the meeting adjourned at 9:00 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 65 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 November 1, 1999 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 $.W. - ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 November 1, 1999 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request a Closed Meeting to discuss a special award, being the annual Citizen of the Year Award, pursuant to Section 2.1-344 (A)(10), Code of Virginia (1950), as amended. Sincerely, David A. Bowers Mayor DAB:se MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 November 3, 1999 SANDRA H. EAKIN Deputy Cit3 Clerk James D. Ritchie, Sr, Acting City Manager Roanoke, Virginia William M. Hackworth City Attomey Roanoke, Virginia James D. Grisso Director of Finance Roanoke, Virginia Willard N. Claytor, Director Real Estate Valuation Roanoke, Virginia Robert H. Bird Municipal Auditor Roanoke, Virginia Gentlemen: On Monday, November 1, 1999, Council concurred in the attached communication from Council Member William White, Sr., recommending appointment of a Transition Team to assist the newly appointed City Manager during the transition period. The Transition Team will consist of the Acting City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, City Clerk, and Municipal Auditor. Each Council Appointed Officer was requested to prepare a list of key issues effecting their department for transmittal to Ms. Burcham by the City Clerk. Please submit any information that you would like to provide to the undersigned by Thursday, November 11. If you have any questions, please feel free to call me. Sincerely,~ ~,~t ~' ~$b"~' Mary F. Parker, CMC/AAE City Clefk MFP:lo DAVID A. BOWERS Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 October 28, 1999 Council Members: C. Nelson Harris W. Alvin Hudson Carroll E. Swain James O. Trout William White, Sr. Linda F. Wyatt The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: The purpose of this communication is to recommend that Council take action to appoint a Transition Team to assist our newly appointed City Manager, Ms. Darlene L. Burcham, during the transition period. The Transition Team should 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. Prior to Ms. Burcham's arrival in Roanoke in January, the role of the Transition Team would be to provide pertinent information and data to our new City Manager related to current and future issues that will impact the City of Roanoke. Some of the key issues that should be addressed are: the upcoming fiscal year budget process, the City's continuing vision statement, coordination of meetings with key stakeholders in the community, neighborhood groups, the business community, and various churches and civic organizations. In addition, the Transition Team should transmit information and schedule meetings through the City Clerk's Office. Each COuncil Appointed Officer should be requested to prepare a list of key issues affecting their department which should be coordinated with the City Clerk for transmittal. I also visualize the City Clerk in the role of assisting the Mayor and Council Members in coordinating initial meetings with the new City Manager to share our individual points of view. If the Members of Council concur in this approach, it is envisioned that the task of the Transition Team will end on December 31. With warmest regards, I am William White, Sr. Council Member MARY F. PARKER, CMC/AAE Ci[~ Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W. Room 456 Roanoke. Virginia 24{)11- 1536 Tclcphonc: I540~ 853-2541 Fax: 1540) 853-1145 SANDRA H. EAKIN Dcput_,, Cit',. CIc~k November 4, 1999 File #15-110-192 Mark E. Feldmann, Chair Roanoke Civic Center Commission 2932 Lockridge Road, S. W. Roanoke, Virginia 24014 Dear Mr. Feldmann: This is to advise you that on October 20, 1999, Vernon M. Danielsen qualified as a member of the Roanoke Civic Center Commission for a term ending September 30, 2002. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:lo pc; Susan Bryant-Owens, Secretary, Roanoke Civic Center Commission Sandra H. Eakin, Deputy Clerk RECEIVED iRKS OFFtfi Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Vernon M. Danielsen, 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 Civic Center Commission for a term ending September 30, 2002, according to the best of my ability. (So help me God.) Subscribed and sworn to before me this 2._~day of_~¢Pd~--1999. ARTHUR B. CRUSH, III, CLERK _, ~ CLERK C:hMyFiles~oct4.wpd. l.wpd MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W,. Room 456 Roam)ke, Virginia 2401 l- 1536 Telephone: 154()~ 853-2541 Fax: (540) 853-1145 ,%ANDRA H. EAK1N Dcpu~3 Cit> Clerk November 4, 1999 File #15-110-192 Susan Bryant-Owens, Secretary Roanoke Civic Center Commission Roanoke, Virginia Dear Ms. Bryant-Owens: This is to advise you that on October 26, 1999, Mark E. Feldmann qualified as a member of the Roanoke Civic Center Commission for a term ending September 30, 2002. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Sandra H. Eakin, Deputy Clerk C:\MyFiles~nov I wpd RECEIVED Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Mark E. Feldmann, 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 Civic Center Commission for a term ending September 30, 2002, according to the best of my ability. (So help me God.) Subscribed and sworn to before me this Y_.-_~.g day of:3'cJ'o~e t--1999. , lil~iFV CLERK C:hMyFilcs~oct4.wlxt. 1 .wpd RECEIVED Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Mark E. Feldmann, 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 Civic Center Commission for a term ending September 30, 2002, according to the best of my ability. (So help me God.) Subscribed and sworn to before me this~-_~__f day of_tS~ c~_ 999. ARTHUR B. CRUSH, III, CLERK CAlVlyFiles\oct 4. wpd. l.wpd 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 October 19, 1999 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Re: Pension Board Dear Members of Council: As your Member of the Pension Board for the employee pension fund of the City of Roanoke, I wanted to provide you with information received at the most recent meeting held on October 13, 1999. The actuarial firm of Slabaugh, Morgan & White reported to the Board on that date that our pension fund is doing "very well.". Our good performance outweighed increases due to changes as a result of the 2% cost of living adjustment and, more significantly, the increase from 2.0% to 2.1% of the ESRS benefit multiplier for each year of service, which effectively increased maximum benefits to 63% of average final compensation, and increased the actuarial liability by $5.5 million. Even with these expensive and significant changes, things have worked out "very well" according to the representative from the actuarial firm. He stated that, from a financial perspective, the fund is performing well and yet benefits have increased for our retirees. Our market value of assets is $347,669,479, although our actuarial asset value is only $274,348,723. The funded ratio which was 109% last year, has, even with the changes, increased to 112%. This is good news for City taxpayers as well. Four years ago the contribution rate, according to Mr. Grisso, was about 12%, which equaled $7.2 million. This year's contribution rate is only 8.25%, which translates to only $4.8 million. Thus, we have, through good management of our fund, and even with increased benefits to our employees, nonetheless saved our taxpayers $2 to $3 million which is now available for other taxpayer needs and expenditures. A copy of some of my notes from the meeting are included herewith for your review. Congratulations should be given to the Members of Roanoke City Council and to the Pension Board for their good management of our employees pension fund. Roanoke City Council Pension Board Page 2 I respectfully request that this letter and accompanying documents be placed on the Consent Agenda for the next meeting of Council and thereafter received and filed. pc: Sincerely, David A. Bowers Mayor Members, Pension Plan Board of Trustees Enclosure Changes Since Last Valuation ~~-!i~-idj-~s~tive July 1, 1999, for persons reu ~,~l~JggVFhis change increased the actuarial liability by $1,492,676 as of July 1, 1999. · The ESRS benefit multiplier ~re~s;d fr~m 2 0% t0-'2"'i-%~ each yea~r o~ti~e January 1,4.99~. The maximum benefit increase~~e final compensation.~'his change increased th~l~j]~y by $~of July 1, 1999. · Members of ERS were given the opportunity to transfer to ESRS during the period from 07/1/98-08/31/98 and again from 12/1/98-12/31/98. 191 members elected to transfer. These transfers increased the actuarial liability by $4,086,427 as of July 1, 1999 · No other changes in assumptions or methods (7.75% interest rate used) Summary of Valuation Results tNumber i 2,026'] 2,071! t' p~e' t'-.,~-d- a~ ~..~e-h ~ fi-c] ;-fi~s ..................... ~ ~ ..................... k'u~':r ................. ~ .............1 294 ................. lNu~er .................... 21-5 ................. 166-~ ~P~ ~-- ~ -~x¢~;'hk~'mfe'~ea ~il0wan~ ................ 3,~33 2,914-' ~Funded ~tio ~~ Ill ~ll2'ag"/ ........... ~ ........ ~-:~.,,; ~ ......... i o'~-~,,-'~ ........ ~ 238,225,223 212,607,951 l Ma;~et" Value -° f A s ~'g'~s- ........ 567}669:~59 5i }'}891:4~0 a ,Funded Status ~ 109,4~,256 ~283]499,.. FUnd~d ~iio ...... 145~9%~ '1'46.7Vo{. ICon trier ion Rates FiS~a'i'~ea~-~ded ' ' ~ 2~'i'~ · .............. ~ ] 2000 ~o. o6~ Age Aggregate ~te 4'83~ 6.15% Accrued Liability Funded Status Valuation as of "~:' AeC~d ~~ value of Unfunded /Funded June 30 ~~ Assets -- Ratio / Accmed ~iah'lity , 1999 $243,166 $274,349 ($31118~; '/ 112.8% 1998 $218,960 $239,434 ($20,474) / 109.4% 1997 $195,054 $210,408 ($15,354) ~ 107.9% 1996 $188,457 $188,445 $12 100.0% 1995 $176,134 $170,853 $5,281[ 97.0% 7 Student enrollment: 13,867 Average class size: 18.9 to 1 Average daily attendance: 95% Teachers' salaries: top I 1% in the state Per pupil expenditure: $7,257 (~tate average $6,194) Class of 1999 - 619 graduates - $1.7 million in scholarships - 70% enrolled in colleges - 12% other post-secondary edUCafi0n Facilities 21 elementary schools 2 high schools 1. alternative site - $90 million expended in 20 YegS !. - Complete renovation of:Telementary and!4middle schools - Aggressive capital fired for con~Ued improitements Technology : - $15.5 million allocated:iniSyearn - Student to computer ratio: 3;2 - Nationally recognized for pl:~gand programs Professional Developm, ent - $903,500 allocated for 1998-99 - Programs include . · University of Virginia madingcourses · TESA (Teacher Expemtion StUdent Achievement) · Technology- 1,000~memberSitrained · National Board ceffification - 2t teachers accepted · Beginning Teacher Academy for90 new teachers · 130 Mini-grants awarded for instructional projects · National Learning Disability Teacher of the Year · Outstanding Chemistry Teacher for the state ot ealth and ,_ a etrl . . . Exemplary behavior policy Proactive plans and initiatives designed to maintain a safe learning environment Collaborative partnerships with community agencies that provide additional student resources Two school-based health centers and one community-school center Nurses in all schools . tttdeat ; qchievement. . . Three National Merit Finalists (1999) Two International Baccalaureate Diploma recipients Twenty-four Distinguished Scholar graduates (4.1) grade po~t average or ~uer) One hundred twen~-eight Honor graduams (3.0 grade po~t average or ~uer) Pa~ck He~ High School average SAT scorns - 41 pom~ above state average - 32 pomu above nafion~ average Adv~c~ Pla~ment msB: 1~ of smdenm in Biolo~, Enghsh ~guagdComposifion, ~d C~c~m sco~ 3, 4, or5. 1~ S~d~s of ~g ~s~ (Vkgi~a ~nc~k for student achievement) :~ :: ~ schools mcog~ ~ Vkgi~a's top 25 "Most :~ ::~ ~pmV~ ~hools" recognized as "Most Improved ion ~ ~: P~ance gap ~een~fic~-~efic~ and ' ·CaUCasian studeats mrrow~ N~on~y r~ed c~ ~ ~M~ clubs "EX~llent" and "Subtler" r~ngs for high school m~g b~ds 2,732 1<~, sine, nafiOn~:or inm~fionM aw~ds to 5~ sm&nu Magnet Schools ($22,373,789 r~ived since 1987) 12 sites wi~ 32 magnet programs Nationa~y recognized Title I program Twenty-four business and technical programs State-recognized Volunteer Pannership Program $2 milhon in manpower, material, and in-hnd support to students and staff Commumcafion li~s Newsletters for teachers, parenu, and community Government Education Access channel · "Spotlight onCity Schools" programs · ~red88 times 20 community meetings held for citizens' lbedback ¸,% 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: (5401 853-2541 Fax: (540) 853-1145 November 4, 1999 File #20-137-336-398 SANDRA H. EAKIN Deputy CiL', Clerk William White, Sr., Chair Legislative Committee 3698 Partridge Lane, N. W. Roanoke, Virginia 24017 Dear Mr. White: I am enclosing copy of 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, which communication was before the Council of the City of Roanoke at a regular meeting which was held on Monday, November 1, 1999. On motion, duly seconded and unanimously adopted, the communication was referred to the Legislative Committee for review. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: The Honorable J. Granger Macfadane, P. O. Box 201, Roanoke, Virginia 24002 William M. Hackworth, City Attorney C:XMyFilesXnovl wpd CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE S.W. - ROOM 452 ROANOKE, VIRGINIA 2401 !- 1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 DAV~ A. BOWERS Mayor The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia October 19, 1999 Dear Members of Council: We wanted to share with you an exciting proposal for the Roanoke Valley. Former Senator Granger Macfarlane has visited with us regarding the proposed "regional welcome centers" which the Governor is budgeting for the Fredericksburg and Williamsburg areas of our State. Senator Macfarlane believes that western Virginia should not be left out, and that 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. Senator Macfarlane has visited with both of us, and we have invited him to appear for remarks at the Roanoke City Council meeting on Monday, November 1, 1999 at 2:00 p.m. Accordingly, we are asking the City Clerk to place this letter under "Petitions and Communications.,, Enclosed is additional information regarding this project. Please join us in welcoming Senator Macfarlane at this Council meeting. Enclosure pc: William White, Sr. Member, Roanoke City Council David A. Bowers Mayor Honorable J. Granger Macfarlane, P.O. Box 201, Roanoke, Virginia 24002 Honorable John S. Edwards, State Senator, 21st District, Post Office Box 1179, Roanoke, Virginia 24006 Honorable H. Morgan Griffith, Member, House of Delegates, 8th District, Post Office Box 2411, Salem, Virginia 24153 Honorable Clifton "Chip" Woodrum, Member, House of Delegates, 16~h District, Post Office Box 990, Roanoke, Virginia 24005 Honorable C. Richard Cranwell, Member, House of Delegates 14~n District, Post Office Box 459, Vinton, Virginia 24179 Honorable A. Victor Thomas, Member, House of Delegates, 17~" District, 1301 Orange Avenue, N. E., Roanoke, Virginia 24012 Mary F. Parker, City Clerk CLIFTON A <CHIP) WOODRuM POST OFFICE BOX 99o ~'OANOKE VIRGINIA Z4OO5 COMMONWEALTH OF VIRGINIA HOUSE Of DELEGATES ~lCHMONO April 20, 1999 The Honorable J. Granger Macfarlane P. O. Box 201 Roanoke, Virginia 24002 Dear Granger: Thank you for your letter of April 19~ and the enclosures. As you know, the tourist center at Fredericksburg is located on donated property at a private development in that area. The funding was included in the Governor's Budget at the 1999 Session. This, as you will recall, greatly enhances the prospects for any such project. At your request, Vic Thomas sought a budget amendment for your project; however, because there was no specific plan and in the rush of the short session, we were not able to prevail. I will certainly be happy to work with others to fund a Tourist Center. I suggest that you need to get the input and cooperation from the economic development departments of the various localities and their respective governing bodies. If they can get a plan together, then it might be best to approach the State's tourism, transportation and economic development authorities. this. I am sure that those who received your letter would be willing to be of assistance on Thank you for bringing this matter to my attention. With kindest personal regards, I am CAW/cjc cc: The Honorable A. Victor Thomas Cordially yours, Clifton A. Woodrum Easte -a c. [otor Zaas, Inc. Post Office Box 201 Roanoke, Virginia 24002 (703) 344-5531 FAX (703) 344-5598 September 20, 1999 The Honorable C. Richard Cranwell P. O. Box 11804 Vinton, Virginia 24179 In Re: Roanoke Valley Travelers Information Center, 1-81 and Plantation Road Dear Dick: As requested, this letter is to request your immediate assistance to urge the Roanoke County Board of Supervisors to join in with the City of Roanoke to develop, what I and others envision will be the singular, most outstanding travelers information and rest stop in Virginia. Dickie, I say immediate because planning money for this 1-81 location should be combined this session with the Colonial Williamsburg and Fredericksburg visitors, centers state money already underway. (See enclosed articles) The City and Hollins University own more than sufficient land which lies nicely along 1-81. Some of the land is located in Roanoke County and some in Botetourt County, your legislative areas. These sites are, I believe, perfectly located for this purpose. The interchange ramp and service road are already there with water and sewer nearby. The land lays well for this use, with long sweeping views of the Valley. I estimate it will take about 25 - 30 acres to include and to properly lay out all of the necessary traveling guest service functions, and to have some land for future expansion. (Of course if the City and County come together on the concept for this project, Hollins University will have to be formally approached for an option as they were in 1984 for the Horse Center.) In any event, Jim Ritchie likes the idea and so does Tim Gubala. Jim wants the County officials to give it their blessing before he takes the proposal to his City Council. Tim approves but does not want the project 'to compete,, with the proposed 'Interpretive Center" planned for Explore. Joyce Waugh says that such a broad based travelers center located on 1-81 so far from Explore, and designed to benefit the entire Valley, will not conflict with nor compete with the Explore project. Indeed it could be a source of new visitors t_9o Explore. ' The Honorable C. Richard Cranwell September 20, 1999 Page 2 This is where you come in: I want you to analyze these concerns and then approach the Roanoke County elected officials asking them to join in with city officials to approve the concept, to put the project on high priority, and to request $200,000 of state planning money. Designation of the site could go forward simultaneously with this work. If you can obtain county officials, agreement then we should move quickly because both Colonial Williamsburg and Fredericksburg, Stafford and Spotsylvania (in the form of the "Celebrate Virginia Project) have received approvals from this governor that be will help them and put money in the state budqet for their projects. Thus, at the beginning juncture, Western Virginia could be left out with no complimentary travelers information center on 1-81 in western Virginia. All of these monies will be flowing exclusively to eastern projects. Thus, timing is critical. Please move quickly and see what you can do. We have about three and a half (3 1/2) months before the Session starts so there is time. I am enclosing a package of brief reading for you, to bring you up to date on the previously mentioned efforts on 1-95 and 1-64 respectively; and how this governor plans to soon spend Virginia tax dollars exclusively over there. (See newspaper articles and editorials in my package.) Please keep me posted. Good Luck. Thanks. I send my bes personal regards. Very sincer, yours, J. Graf Preside~ JGM:f Enclosures CC: Macfarll Ms. Lisa Fain, Acting Deputy Director, Development Commission The Honorable Clifton A. Woodrum, III Roanoke Economic to embark on $100 million · renovations 800 construction jobs to be created By Deba~ Strlszhdm Da~ Press WILLIAMSBURG Colonial WUUamsburg will ~ena ~oo m~mon to renova~ ~s .Vl~iior Center and hotels, a proJ_~'t_. ' that will ienerate ~ constructio~ job~, the Colonial Wllliams~ Foundation said Tuesday. The project will expand the Visitor Center building, demollah Woodlandz hotel buildings and roplace them with a hotel. CW will also turn the Ce~ades Res'~ .. into meettn~ space and butJd a faro- fly-Style restaurant. At the Willi~rnsbul-g hill, CW will renovate the inside of the hotel, transforming ms_ny moms into fewer, more spacious rooms. The At the W'flllamzburg Lodge, the foundation will renovate hotel moms, tear down the existing 400. seat auditorium, build a conference center and put iffan outaoor swim- mmg~l. Inside Foundation Irustees approved · See the the total consWuc. artist's Uon package in oonception of late April. t~e changes. The project is Cl. expected to create 800 construction · Wilbum says jobs, said Tim hotel Andrews, public receipts, relations director ticket sales for the Colonial are up for Wllliamsbm2 first quarter. Foundation. In Cl. addition, he said the sales tax paid on the purchase of construction materials will bring in another $~.8 million in state tax money. "This is a big project no matte/- how you shce it," Andrews said. "It's going to involve many employ- ees, and it's going to involve many employees outside the foundation. We really feel it's a win-win situa- tion. It's a win-win situation for our visitors, it's obviously win-win for Colonial Williamsburg, and it's a win-win situation for this region. The con~a-uctlon would take place in pb.a.~z, with all the work at°cco~fh~hed by the year 2003, hung to a ~tatement fi'om the At the Vlzitor Cent~ the general b~coms ~ for rural trade work- ~r~ ~o that people step imm~liate- ly into the ]~ centur~ Th~ foundation will also buUd a tootbrld~ over Route will build a four-w, ory,, 300-mom hotel on what is now the green parking lot at the Vhitor Center. That hotel will replace 219 moms rags now there. Those will be demolished. The two-story buildings at the Woodlands will stay. They'll be used mainly for school groups, Andrews sa/cl. The Cascadez l~sta~t will be turn~l into m~eting space with banquet faculties. CW plans to build a 125-seat family.style restau- rant near the Visitor Center on the corner of what is now Commonwealth Hall There will also be a pedestrian · _, wauiwa), to connecx me new aot~r - with the ~qsitor ~anter. -- At the lodge, cw pla~ts a new Lcorffe~nce center on the north side o! me Ouuamg ana an oumoor- swimming pool at the TazeweU dub. It's designed to accompany a new spa faciU~ which isn't in the piaa~ now but will be added in the future. The lodge has an indoor ~What we're trring to do is cr~ ate a wofld-da~ re~ort complex. 8o recreat/on factories, ~wimm~g pools, world-e/us golf courses," The foundation is ~ trying to Once the lodge Is flnlahed, it will have 800 rooms; it now has 315. The plans ~ eau for work on the inn. The idea is to incroase the ~ of the rooms and bathrooms. The inn, which has 100 rooms 'q~he exterior appearance of the Wil]t~lsbLtrg Itm ~ not change," he said. CW also plans to restore the original design of the registration area in the inn, to make it look like it did 60 years ago. /:)~me~h S/r~ztm/m can be reached at ~1-7220 or by e-ma//at dstraszt~m ~~.~ Visitors center at resort hailed RICHMOND TIMES.DISPA ICH TUESDAY, DECEMBER 22, 1998 BY CHRISTIN[ NEUBEI~GtR TIMEs-DISPATCH S'I'AFF M/RITER s~)tmcstsatat~ _ Despite some local opposition, officials yes- terday hailed plans for a state-sup- ported visitors center at a private developer's resort on the Rappahan. hock R/vet. The 1,?00-acre Celebrate Wu'ginia project -- a hub of museums, the. aters, hotels and restaurants aloug Interstate 95 in Fredericksburg linked to golf courses and offices across the Rappalmme~ River in Stafford County -- will be bane to the state's secon.d Pubic-la'hate vis- The visitors center, replete with an IMAX movie theater, ~ put Fredericksburg on every tourist's _ y pattern O! m"o~x~it~ ~,~. u_~_mj __a~e~- toia .about ~ people &-m~'eu unoer a neared tent at the Celebrate Virginh site west of the interstate. But a band of sign-waving protest- me ~ele~rate Virginia project has met l~erce local opposition. It spurred a citizen-led drive to oust the City Counco for re~a~ng the city's last major watedront land for the development. "We want the governor to realize " the people of Fredericksburg aren't ... happy with the project.., and he should think twi~e about get~g in. volved in this," sa~d Mason Cook, president of the pro-recall group, Rappahannock Area Grassroots. Celebrate Virginia, upon comple- tion by the developer Sitver Compa- nies, wflJ create 10,521 new jobs and ~.2.$ rn~o~ 'annualJy in new state income and sales ta~ revenues, according to a study by the Bureau of Business Research at the College of WillL~m and Mary. The forecast is based in part on plans for 2.2 mi~on square feet of retail space, 4,000 hotel rooms and a conference center at the site just north of Silver's Central Park shop- ping complex in Fredericksburg. th Among the possible offerin~ at · ~I00 a~i~o a museum nf v;~.a=__'~:'".u.$eum, an.~ ,~ -.,, ,,--u'guua music history Across the river in Stafford, the developer envisions putting a corpo- rate or, ce campu~ next to a golf re- sort with ire 18-hole courses. The ururur~ ..will represent the hreest l~ee~, IA-~..'_'?~-'~" ~.vu.~u MI'aW OUSi- ~n'";',,'"u .a~.. g tora place to meet or ~n to settle, according to the de- Yek}~. . Icy j.Sj. ~of Transportation Shir- ' ' terr. ha~e is " but she messed it would .apgruvsi b~ fede~ omciah, .review can take as much as months.. .second such hi~h-tech center to planned as a public-private ven- ture to showcase local and Virginia attractions.' ~ state's firat reltional visitors ~p.~er ~ i &lO0 million fadht~ ,a...~aanea ~ w~arnnour~ = ~,,~ku_ ~x nulr~m state~ ,.~llld Joshua N, ~secretar~ _of comme~ and ua~e. ane rreoencksburg visitors ~ carries no ~ prket~ yet, and Lief said the uumore adminis. tration hasn't pledged a specific level of money. Local officials greeted the Cele- brate Virginia's promise as a tourist magnet for a region often overlooked by travelers driving 1-95 despite the area's ties to the nation's birth and the Civil War. Th~. _.n~.olec~ "/'~presents a definin~ U " · .--~=P'~ve Frederick ~bur~-' ~a pass~throuEh to a desti.~__.. Stafford County Board of Supervi. sors Chairman Kenneth Mitchell said the project is heartily welcome in his fast:growing locality, which is a. ggressive~y pursuing ices to the need to commute. Mi'--tchell the Celebrate Virginia project "pos- s~iy will be the best thing to ha n in years." ppe Critics of the city's Aug. 11 rezun- ing for the development have com- plained that the SiJver Companies ~? _'~ught inZluence" by ~vino ,,mmore s election and inaugural amds. ~tate support of regional attractions can benefit everyone Almost ~) mflIion visitors spent $11.2 ~flt. That's one of the goals of ~ov, Jim glllon in ~ l~t yem-. That money · ,.=.,F~m. me~ me zinanctal sua~,~, ^~' Tourism Authorl~ · ?]u~u~ moclern, cL~ theme Gilmore will ask the General Assem. historic treasures, parks bly for 82 million to match private funds In ~, tourism is bi~ busineoo r°_~r ha. ti°hal.ad campaigns This · , ~. private- u · kind of · . -And it s about to get b e p bllc partnerslflp would Ih' * Jig r. At least ilar to be shn. at s what the roi Wll~b s we ks plannin ur~ Il-rewarded co 100 g for the trlbution to n- L°°~_._'~__lv.e~ or the ,emement or ,~,advertl,~g ro~ CoZo,l,~ ,,,mc~mwn m 2o07 Wililamsb arewo tow ~it° ,B~ut they ca~. 't Just open the ~r~ and ~a~v ~ also_foresees, network .. ~ome on tn." Durin~ thp ,,.,,, .,_-~'.' r.I. centers t~ar more hi,h .years, Virginia needs to nre,,-,.- ,.A_ ] ~P_.t~. cared than the we. lmm, increased visitation- that l,,~'~.~'-' '.~-~f I ~me s~ate currently r.,,. ass ..... ;,m~,- oe at Colon .... ,.= ~r~ wotu~l urin~ adequate hilglways I ~o~t~C-- ~__~!_ Will__la~.sbur~. where the ~.o_p,l~.m.~ing..entertainment and provid. I ~nt,~pwnn~ expansion or CW's ~uJ~ llllol'ma~lon. ~ ~uuuol] ~o a ' :'~ ~d ~e on,lsat o~ ~ltors ~ ~e ?b~'~'o e :an impact rat beyond Jamestown. ~he development. .r form or economic ?nth'e state's tom'ism indust~ can ben- Virginia's success with tom-ism indicates it's a. wise investment. CELEBRATE VIRGINIA AMERICA'S DESTINATION ...R.E P'0 R T E R Volume 1, Issue I Governor Gilmore Launches Celebrate Virginia FREDERICKSBURG .. On December 2 l, 1998, Governor Gilmore traveled to Fredericksburg to announce his support for the development of a new regional tourism visitors center to complement the proposed Celebrate Virginia development, a tourist campus and golf resort to be built on more than 2,100 acres in the City of Fredericksburg and Stafford County along the Rappahannock River. Over 400 Fredericksburg area citizens joined the Governor for this exciting announcement including business, civic and government leaders from across the region and top state officials including Secretary of Transportation Shirley Ybarra, Secretary of Natural Resources John Paul Woodley, Deputy Sec~a~ of COmmerce and Trade Joshua Lief and House Appropriations Committee Co--Omit V. Earl Dickinson. Governor Gilmore commended the City of Silver ~e, omp~i. ~ wodd~ to. let ' thmu&h a pub~/private partnership to devdop Celebrate V'u'ginia. He noted that the project is expected to create thousanch of jobs and generate millions of dollars in revenue for the state and Fredericksburg region. "The Silver COmpanies is proud to join the Commonwealth oir Virginia, the City of Fredericksburg, and Stafford County as our company begins to develop Celebrate Virginia," said Larry Silver, Chief Executive Officer of the Silver Companies. "This exciting new project will bring Fredericksburg from a place tourists pass through on their way down 1-95 to a primary tourist destination and vacation hub for visitors to Virginia during the 21st Century. Celebrate Virginia is the right concept at the right time for the Fredericksburg region and Virginia." The Governor also expressed his support for exploring alternative traffic solutions for access to 1-95, the principal north-south corridor used b)' tourists. Governor Gilmore joins area leaders in annoencin~ the nero eisitors renter. Gilmore called Fredericksburg Virginia't gateway to the world for regional touritt$. he-,,.'.:. - -,: . '.. . it V" MILLIONS in new revenue for schools and roads - - · '" ":"~¢L' -" - ,. ,~ ~.~, ~-... ;~ · .~ .~...... ~.,,: .: *... :. ~.j,~. :;~. ~ ~o,u.t.. ~ ..... ..-, ...... · ' ', ,' ' *~*. '.~:"~'~-:~x%:',~ ..... ~ ~*..3,~,.~.:,· -.: .:.~.;~,~,.*,~.~ ' Perm~l:ne~- ,t,~tection~pr :the Rappahannock! · .; ~, ~..~ ~..: . .... ~¥.,*-. , . v' Public-Private.cooperation for mUchmccdecl ._ :. transportation improve/men ts! That's what Cclcbratc Virginia will mcan for thc people ot: thc Fredericksburg region! ~lebrat .. ....... 'l.h~/-'-,'~'~r.,:,a,~-~,.* ~ e ~rIRiS i · " , , ',: "" · ..... .' ~ "--'a :. - ' ~ ' .' ' '.": .... ':" ' g sanewconce tmtour' · .-':' ..... '. .... '-.' : ,ts:~i' "~,:, .. . restaurants, on-site Ms,*-:--. ---P . . ~sm. a co~omble and cO-v--:,-, ~=::--- ' 'g ~; . '.z." '; -., ' resort . . . ~-,~, aha ~ai a~ra~on~ - ' ' · · ......... : ..... q W, ~ ~d ~.. , ~vmg vacationers a host ~t-[~: ...... , co~en~ fa~m~, <o:t6~i~'a~ a~J -.'~ ..... ,-': . .. ,~ ~ PP ~ River m ~toric Frede~eksbu~, ~lebrate V~Ma ~1 prdvide fa~lies ~d t0~,~ou~ ~ M~l.base ~om.~o"~c; ..... ~.,~,. w~m ~u ~ntral l~on:~o~'~"i~' 'ue ~' '~ ' -' ,::. ', ,' --d~i~page'2 " iRGINIA..REPORTER i: 't-,e eorate v rgln a A Break for Taxpayers Transportation [we are ~eased to provide you v,4th the I'crhaps the largest bcncfi[ from (:elehrate Virginia will be its economic ~mpact on the Fredericksburg region. Recent economic impact studies completed by the College of William and Mary estimate that the Celebrate Virginia project, including the visitors campus and retail center in the City of Fredericksburg, as well as the golf resort and proposed corporate office park in Stafford County, will generate $30 million each year in new revenues for area local governments. At a time when many Virginia localities are facing revenue shortfalls, this amounts to a significant tax break for local residents by providing needed revenues to fund school construction, new roads, and other priorities, such as the revitalization of Fredericksburg's historic downtown, without imposing the costs traditionally associated .with residential growth. The project's impact on job creation will also be significant. The direct and indirect impact 'of Celebrate Virginia is anticipated to add over 44,000 jobs in the region, thus providing new opportunities for many people to work near their homes instead of commuting ~o Northern Virginia and Washington, I).C. each day. These jobs will generate ,early $1.1 billion in employee -mpensation each year - a significant boost for the region's economy. Permanent Protection for the Rappahannock she Rappahannock River will be at the hysical and spiritual ~'nter of Celebrate · ~rginia. Protected ~r'cver bva , ~rlservation t~cment, this historic :,cr will be the scene ' ,t variety of eco-tourist acovities, from ~,-w,ng t. fly fishing, all conducted 'Ih thc' tltlllcp~t respect f~r thc 're,Itc'hod bt'.lutv of tills n,l[ural Improvements Planned in the best spirit of public-private partnership, the Silver Companies is undertaking the Celebrate Virginia project with the active support of city and state government'officials. Efforts are underway to design transportation improvements, that will provide access to the visitors campus from Interstate 95. Additional access to the city from 1-95 is greatly needed to relieve existing traffic congestion at the Route .t exit and improve emerger~:y access to Mary Washington hospital, while also providing access to the new regional visitors center and enabling visitors to quickly reach the attractions at Celebrate Virginia. first issue of the Celebro[e Virginio Reporter, a newsletter designed to keep residents of the City of Frederlcksbur~ and Stafford and Spotsylvanla Counties Informed about the news surrounding the Celebrate Virginia project. Celebrate Virginia ts an excttln~ project for thLs region, and we want ali area citizens to be aware of the plans and developments as they occur. Future editions of this new~letter wflLr.,arry announcements of hotels, res'~rants and other attractions planning to be a part of Celebrate Virginia. Groundbreaklr~s, tenant announcements, and other pasltlve. develolm~ents are all news we want you to know about. .- We are only at the early staee~ In the evolution of the tourist campus and eolf resort, so we want to hear your thouehts and concerns. Celebrate Virginia provide thousands of new Jobs and ~enerate mlUIons In revenue for our re~lon. This is a project for which we ca~ all be proud and we we{come your Interest as It develops. Aerial Map et Planned Coi'11rllU nip, Please take a few minutes and read the Reporter. We have prodded a mall reply card so you can request additional Information about the project, and we look forward to hearing from you regarding Celebrate Virginia. Please cut along the dotteq line and mail to the address below to request additional information about the project and to offer your comments. Place Stamp The Silver Companies Post Office Box 7566 Fredericksburg, Virginia 22404 iI N IA[ Fredencksburg Hoping to 'Celebrate' c~icized the beard's Monroe, who has a wife and two l~-h say their top priority is -%' -,~-.~--~t ,,~---~ ~ r,x:e~, ~ ~ Monroe emphasizes 'the need Lane estimates that 30 pemmt c~ ta~e adwantage of a k~v turnout for an upaet victory. He say~ be is chances c~ winnin$ E~en i~ a st~e~.' ~But I am mind/u] o/thia being a sma~cr Development Initiative Aims to Create A Disti t Destination for Busine es ~)' Srsv~ OmsBzao corporation there,' said Gene Baj- ties, tourist facilitie~ and · Brat. ant· are ~ up for apa:e on the rate of6ce i:~rk--ia able ~ achie~ I-9S corridor. Ten years ~'om now, these goals, the Pmteflckaha~ it~lbeamuchea.sierselLlt'salittJe ·rea w~ become ibc ee~t form~da- eatlT' because there's so much ble player in the regio~'m iacrea$- ' q:~ece between Spr/ngfield and But flit ~ Ilhort, it· ol:)l~ta Cooatnlction remai,'ma more than · )'eat away, and completion · -'y, it will ~ · Mt~t oa the. e/the entire project could take pm·reject would be present within aaver ~.d an office park and golf m ~ aa t~.v.J.a~, S. Gt~mote · ..o/the Siber.Co,., · ~ ia Aurar tot · pubtic betrin~ on om ~ ~ ~ h~s re~e/sg the had from res/dentiaJ developed ~o~es og [;r~cia 111 ~ to. enmm'"rc~l uae. Many of those Me o~ ~ beddng lt. the ~xunmtoeieermkenoc~ge per~~~ Nevett~_~ after houri of de- ing Mgb4a:h eanmm~ty, and it ia Critics md the council and the wu~fia · touviat attraction· to the out of the proces~ south and west. "The bottom Line ia that we're Leadet~ want to grab some of sitting at [the developer's] mercy, the high-paying joha and ~ tax and that's wha: drives the anger." revenues that have accompanied ~aid Paul Lewis, spokesman for Icy, cLt.'~r of eoonon'dc develop. meat for Stafford County. 'Stafford ia v~ewed aa a bedroom eommtmity of Wa.~ington,' Bailey laid. "'la order to change that and create hi~-pa~ng jobs, we need an upecale o/flee park.' But · build-it-and-they.wili.come approach is a r~sky veuture, many ecouomic experts say. 'CertainJy it's possible that it would be succesdul,' said Stephen S. Pullet, professor of public policy at C,~otge Maaou University. 'But there'a uo evidence yet that ten- nolo~ busiue~ will pro~t from it," liam G~. ~ ~ W~ but ~ f~ ~ ~ ~ doun ~d ~ ~ ~ gou co~d ~ a ~ ~ tive a ~ ~ ~d ~ a ~bout 2,100 signatures on a peti. tlou charging negligence and in- competence on the part d the City Gouma] and ia ~a:kin~ the removal Council members argue that they would hr prefer a commerd~J de~.lopment on the site to · new ~'~ ~;bdivision, ~ad ~ dis- m~ much of the '' poi/flc~lT, motivatecLOppomtion as 'The outcrff against it ia certain- 17 · ~e~T orgm~ia.-d and determined ~l~p,' ~/d Greeaup, who ~ao ~et~e~ aa · member of the council Tm c~a,i~ed · majority of resi- eam~lle, Stafford im~,~hed. lie beari~ of it· own for Wedne~ day to decide whether to r~one the a~lenlUa-al land that would be eempied by Celebrate V'tr~tn~ September 24, 1999 )ANOKE VALLEY oflVirginia Mr. J. Granger Macfarlane P.O. Box 201 Roanoke, VA 24002 Dear Mr. Macfarlane: Fam writing to you on behalf of the Government Affairs and Executive Committees of the Roanoke Valley Cgnvention and Visitors Bureau regarding your proposal for a Regional Visitors Center on I:81 near Hollins. Both Committees have mcr to discuss this issue,since your presentation to us about 3 months ago. At.the September 22 Executive Committee meeting your proposal was discussed with the intent of taking a position on it. While everyone felt it was important to continue to search for ways of brihging people from I~81 into the Valley, it was the unanimous recommendation of both Committees that at this time, the Bureau needed to focus its efforts on: 1. Increasing tourism marketing dollars for the Roanoke Valley and 2. Working to insure that there was a sound infrastructure for existing tourism attractions, events and the proposed congersion of the Roanoke ,- Passenger Station to a Visitors Cer~ter. While we will be directing our efforts and resom;ces towards the above initiatives in the short term, we are most interested in continuing a dialogue with interested parties such as yourself with the intent of expanding our efforts and adding to our programming in many areas over the next several months. - , Thank you for your interest and active invoJvement with the Bureau arid the tourism industry in the Roanoke Valley. We appreciate your dedication and willingness to initiate new projects. , Ed M~rphy Chair~nan Government Affairs Committee CC: The Honorable C. Richard Cranwell The Honorable K Victor Thomas The Honorable Clifton ~k Woodrum ,The Honorable H. Morgan Griffith The Honorable John S. Edwards The Honorable Malfourd W. Trumbo The Honorable Madison Marye Rodnoke Valley Convention & Visitm's Bureau 114 Market Street. Roanoke. Virqinia 24011-1402 · -740 342-6025 · 1-800-6J~-55J~ · ['ax.. ff)40-342-7119 · ww~vvisitroanokeva, com RECEIVED CITY CLr.~F,.~ O! '99 001' 28 P2:43 Office of the City Manager October 28, 1999 The Honorable David A. Bowers, Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor and Members of Council: I am writing to inform you that at the 45,~ Annual Conference of the Virginia Recreation and Park Society held in Richmond, Virginia, September 26 - 28, 1999, the City of Roanoke Parks and Recreation Department received two awards in the 50,001 - 99,999 population category. The awards were based on innovation, effectiveness in addressing community needs, efficiency in use of resources, special design factors, and overall excellence. The Best New Facility Award was received for the Rocwood Indoor Adventure Center. In 1993, Roanoke City Parks and Recreation opened the Rocwood Climbing Wall, a wall with only 10 climbing routes located in an existing basketball gymnasium which was shared with indoor soccer and basketball. With an expanded funding base and large capital improvements toward construction, significant changes came in 1998 when Rocwood became a full fledged climbing facility, tripling in size and program offerings. The facility is a culmination of ideas, concepts and insight that has brought the natural features of climbing outdoors, inside. Accessibility, simple functionality, which increases safety, creative climbing surfaces that offer simple to challenging climbs and diverse climbing routes make the facility unique (it is the only indoor climbing facility offered by a parks and recreation department in Virginia). Rocwood, combined with a sound risk management plan, quality instructors and municipal support is off to an excellent start into the next century. The Best New Program Award was received for "Sunset on Mill Mountain" Summer Concert Series. In the summer of 1998, Roanoke City Parks and Recreation and the Roanoke Special Events Committee initiated a concert series unlike any offered in the Roanoke area. With other periodic outdoor music events for mostly adults, there was a need to create a music event that would appeal to families and people of all ages. Mill Mountain Park, with its magnificent view of the City, was the chosen venue for the series. Located on top of Mill Mountain, the home to Roanoke's famous C :WIyFilcs\WPDOC S\99 Correspon dence\VRPS Awards.wpd Room 364 Municipal South 215 Church Avenue, S,W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci,roanoke.va,us Page 2 October 28, 1999 historic star, the venue features incredible panoramic views of the entire Roanoke Valley. 'Sunset on Mill Mountain," occurring once per summer month (June, July, and August) offers a unique opportunity for families and people of all ages to come together for a Friday evening celebration. Top quality musicians are featured each' month, along with special entertainment for children. VRPS is a 1,350 member, private non-profit professional organization tbunded in 1953. Its purpose is to unite professionals and others engaged in recreation, parks, and other leisure services to promote and improve the profession in Virginia and the Nation. VRPS is affiliated with the National Recreation and Park Association. The Annual Awards Program is sponsored by USSSA (United States Slowpitch Softball Association) and allows VRPS to recognize the quality of services, facilities, and professionals in the leisure services field. Sincerely, j~~D.~Ritch~ Acting City Manager JDRsr:sm C:~MyFiles\WPDOC S\99.Correspond ence\VRP S Awards.wpd Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk November 4, 1999 File #5-60-207 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Resolution No. 34543-110199 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 approved plans; authorizing the City Manager to provide certain infrastructure improvements to the Facility and the site; and providing $15,000.00 from the Capital Maintenance and Equipment Replacement Program for additional costs and expenses for work to be done by the Foundation on the Facility. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 1, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment C:\MyFiles~nov I wpd James D. Ritchie, Sr. November 4, 1999 Page 2 pc~ James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety A. L. Gaskins, Chief of Police Kit B. Kiser, Director, Utilities and Operations Robert K. Bengtson, Acting Director, Public Works Charles M. Huffine, City Engineer Sherman M. Stovall, Acting Budget Administrator C:LMyFiles~nov I wpd. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1999. No. 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 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. WHEREAS, the Patrol was formed for the purpose of handling day-to-day policing operations in the downtown area in addition to making special event appearances; and WHEREAS, the Foundation, a not-for-profit organization formed for the purpose of promoting a mounted patrol unit, community beautification projects, and the development of diverse educational, recreational and cultural activities, is desirous of designing and constructing a horse stable for the Patrol, with funding coming from sums of monies raised by the Foundation and other items and services from third-party donors, and subsequently donating it as a gift to the City of Roanoke (City); and WHEREAS, it has been determined by the City that a new stable for the Mounted Patrol is needed; and WHEREAS, City Council has determined that it will be in the best interests of the City to accept the Foundation's gift of the Facility once it is completed in accordance with the approved plans. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. 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, a contract with the Roanoke Foundation for Downtown, Inc. (Foundation) for the design and construction of a horse stable (Facility) at the Roanoke Centre for Industry and Technology (RCIT) containing the terms of the contract attached to the report to City Council dated November 1, 1999, all as more fully set forth in that report, said contract to be in such form as is approved by the City Attorney. 2. The City Manager is hereby authorized on behalf of the City, pursuant to {}2- 263 of the Code of the City of Roanoke (1979), as amended, to accept the donation of the Facility from the Foundation once the Facility is completed in accordance with the approved plans, which plans the City Manager may approve or disapprove. 3. The City Manager is hereby authorized to provide for water and sanitary sewer line extensions and a temporary public driveway to the Facility, and water, fire, and sewer hookups to the Facility, and to take such further actions as may be necessary to obtain the Facility for the City. The City hereby agrees to provide $15,000 to the Foundation for additional costs and expenses for work to be done by the Foundation on the Facility, all as more fully set forth in the above mentioned report to Council. 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. H:\O RD-GEN~O- DLC- Agr-Foundation- MountcdPatrol- Facility- l I-01-99 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk November 4, 1999 File #5-60-207 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34542-110199 amending and reordaining certain sections of the 1999-2000 General Fund Appropriations, providing for appropriation of $15,000.00, in connection with costs and expenses for the Mounted Patrol Facility to be · located 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, November 1, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: James D. Ritchie, Sr., Acting City Manager George C. Snead, Jr., Director, Public Safety A. L. Gaskins, Chief of Police Kit B. Kiser, Director, Utilities and Operations Robert K. Bengtson, Acting Director, Public Works Charles M. Huffine, City Engineer Sherman M. Stovall, Acting Budget Administrator C:\MyFiles~nov I .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of November, 1999. No. 34542-110199. AN ORDINANCE to amend and reordain certain sections of the 1999-00 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 1999-00 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Aooroofiations Community Development $ 3,336,799 Memberships and Affiliations(1 ) ................................. 1,816,232 Fund Balance Reserved for CMERP - City (2) ................................. $ 3,647,457 1) Roanoke Foundation for Downtown (001-002-7220-3696) $15,000 2) Reserved for CMERP - City (001-3323) (15,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEIVED CITY ~:1 November 1, 1999 Report # 99-41 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Council Members: Subject: Mounted Patrol Facility at Roanoke Centre for Industry and Technology I. Background: Ao 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 benefiting the downtown area of the city of Roanoke. Bo 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 Ave. SW. Mr. Rick Harmon, President, Harman Ceiling and Partition, was instrumental in helping form the unit and has provided stable space for the unit at his business. A team, consisting of city employees, private citizens, & members of the Foundation came together in 1997 to identify key issues related to the Mounted Patrol Unit. The key issue identified by this team was the need to build a new stable. II. 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 a historic cabin and a daycare center located on city property at the Roanoke Centre for Industry and Technology (RCIT). Current Situation: The Foundation, through charitable donations and fundraising activities, has $109,665, which will cover the cost of building the new Mounted Patrol facility. In addition, commitments for grading and other services have been received from third party entities. Honorable Mayor & Members of City Council November 1, 1999 Page 2 of 5 Bo Co Do Eo Go III. Issues: The Foundation has agreed to build the facility by the summer of 2000 and donate it to the City of Roanoke for the City of Roanoke's Mounted Patrol Unit. Since the value of the Facility, once completed, will exceed $5,000, City Council must accept or reject the gift of the Facility from the Foundation pursuant to Section 2- 263 of the Code of the City of Roanoke (1979), as amended. The financial liability of the Foundation will be limited to the extent of the funds in the Foundation's account designated for construction of the Facility (which is currently $109,665) and to donations from other third party volunteers for the provision of additional services and items. The City currently has no access to show potential business entities the property on the West side of Roanoke Centre for Industry and Technology (RCIT). A temporary ingress and egress is needed to support prospect activity and would serve the Mounted Patrol until Blue Hills Drive is extended. Approximate cost is $45,000 for the temporary public driveway which will provide access to this area. The Ci_ty will provide water and sewer extensions to the facility at an estimated $23,500 and pay for the water, fire, andsewer hookups to the facility at an estimated cost of $1,500. The City will provide up to $15,000 from the Capital Maintenance and Equipment Replacement Program (CMERP) for additional costs associated with the completion of the facility. The City currently provides the Foundation with $15,000 per year for operating costs of the Mounted Patrol Unit, including feed, veterinary care and equipment. Once donated, the city will maintain the facility and be responsible for mowing, snow removal, electricity, and water and sewer cost. The yearly maintenance is estimated by the city's building maintenance department at $2,500. A. Facility needs B. Economic development C. Historic preservation D. Cost E. Funding F. Timing Honorable Mayor & Members of City Council November 1, 1999 Page 3 of 5 IV. Alternatives A. City Council take the following actions: 1). Authorize the City Manager to enter into a contract with the Roanoke Foundation for Downtown, Inc. to allow for the construction of the Mounted Patrol Facility at RCIT by the Foundation containing the terms of the contract attached to this report and approved by the City Attorney as to form. 2). Authorize the City Manager, to accept, on behalf of the ci _ty, 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 the approved plans, and the City Manager may include in the above mentioned contract an appropriate provision for such acceptance. 3). Authorize the City Manager to provide for water and sanitary sewer line extensions to the facility, a temporary public driveway to the facility, and water, fire, and sewer hookups. 4). Provide $15,000 to the Foundation for additional costs and expenses for work to be done by the Foundation on the facility, and appropriate the said $15,000 from the Capital Maintenance and Equipment Replacement Program to the Downtown Foundation account/t001 002 7220 3696 for such additional costs and expenses. a. Facility needs for the City's Mounted Patrol Unit will be met. bo Economic development will be enhanced by the use of the temporary road to provide access to show available properties for sell in RCIT and to assure potential businesses of the city's commitment to the Heritage Point concept plan. Historic preservation will be met as the Heritage Point concept plan is tied to the preservation of the Fleming Cabin and the Great Wagon Road, which passed through this property during the late 1700 and early 1800's. Cost for most of the construction of the Mounted Patrol Facility is being donated by the Foundation. Funding in the amount of $68,500 is available in the RCIT Infrastructure Extension account # 008 052 9632; $1,500 is available in the Police Department COPE account/t 001 050 3113 2061; and, $15,000 is available from the Capital Maintenance and Equipment Replacement Program. Honorable Mayor & Members of City Council November 1, 1999 Page 4 of 5 Timing is critical, as the Foundation must return a portion of funds it has received if the Mounted Patrol Facility is not completed by July 16, 2000. The contract with the Foundation includes the city's contribution to be used toward some costs and expenses associated with the facility. Without the city's contribution, a reduction in the scope of work may be required. B. City Council NOT take the following actions: 1). Authorize the City Manager to enter into a contract with the Roanoke Foundation for Downtown Inc. to allow for the construction of the Mounted Patrol Facility at RCIT by the Foundation containing the terms of the contract attached to this report and approved by the City Attorney as to form. 2). Authorize the City Manager, 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 the approved plans, and the City Manager may include in the above mentioned contract an appropriate provision for such acceptance. 3). Authorize the City Manager to provide for water and sanitary sewer line extensions to the facility, a temporary public driveway to the facility, and water, fire, and sewer hookups. 4). Provide $15,000 to the Foundation for additional costs and expenses for work to be done by the Foundation on the facility, and appropriate the said $15,000 from the Capital Maintenance and Equipment Replacement Program to the Downtown Foundation account/tOO 1 002 7220 3696 for such additional costs and expenses. a. Facility needs for the City's Mounted Patrol Unit will not be met. Economic development program will not be advanced and the Heritage Point concept plan will be delayed. Co Historic preservation will not be met as the Heritage Point concept plan is tied into the preservation of the Fleming Cabin and the Great Wagon Road, which passed through this property during the late 1700 and early 1800's. d. Cost will not be affected. e. Funding is not an issue. Timing could result in loss of some of funds the Foundation has received if the Mounted Patrol Facility is not completed by July Honorable Mayor & Members of City Council November 1, 1999 Page 5 of 5 16, 2000. The contract with the Foundation includes the city's contribution to be used toward some costs and expenses associated with the facility. Without the city's contribution, a reduction in the scope of work may be required. Recommendation: A. City Council concur with Alternative A to take the following actions: 1). Authorize the CiW Manager to enter into a contract with the Roanoke Foundation for Downtown, Inc. to allow for the construction of the Mounted Patrol Facility at RCIT by the Foundation with the terms of the contract attached to this report and approved by the City Attorney as to form. 2). Authorize the City Manager, to accept, on behalf of the ci _ty, 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 the approved plans, and the City Manager may include in the above mentioned contract an appropriate provision for such acceptance. 3). Authorize the CiW Manager to provide for water and sanitar~ sewer line extensions to the facility, a temporary public driveway to the facility, and water, fire, and sewer hookups. 4). Provide $15,000 to the Foundation for additional costs and expenses for work to be done by the Foundation on the facility, and appropriate the said $15,000 from the Capital Maintenance and Equipment Replacement Program to the Downtown Foundation account #001 002 7220 3696 for such additional costs and expenses. If attachment C.' Respectfully submitted, J~s D. ~ctchi~ Acting City Manager Mary F. Parker, City Clerk Diane S. Akers, Acting Assistant City Manager Robert K. Bengtson, Acting Director of Public Works A. L. Gaskins, Chief of Police ~ James D. Grisso, Director of Finance William M. Hackworth, City Attorney Kit B. Kiser, Director of Utilities and Operations t~/ Philip C. Schirmer, Assistant City Engineer '/ George C. Snead, Director of Public Safety ,./ Sherman M. Stovall, Acting Budget Administrator CONTRACT FOR THE CONSTRUCTION AND GRANT OF MOUNTED PATROl, STABLE This Contract is dated this day of ,1999, by and between the City of Roanoke, Virginia, a municipal corporation (City) and the Roanoke Foundation for Downtown, Inc. (Foundation), a Virginia corporation. WITNE_~.SSETH: WHEREAS, the Foundation is organized as a not-for-profit Virginia corporation and is operated in accordance with Internal Revenue Code §501 (c)(3), and has as one of its purposes "To assist the City of Roanoke to maintain a mounted police force through financial and in-kind support"; and WHEREAS, the Foundation has determined that it will make a grant of a stable facility to the City to further the operation and development of the Roanoke City Police Department's Mounted Patrol (Patrol); and WHEREAS, the Foundation has obtained certain sums of monies and other commitments for donations of services and other items to be used in designing and constructing a fully functional and ready- for-use horse stable which will include space for an office and lockers, all as more fully set forth in the plans marked as Exhibit- 1 attached hereto and made apart hereof(hereafter-Facility), to be used by the Patrol, and to be located on City land at the Roanoke Centre for Industry and Technology (Center); and WHEREAS, the Foundation, upon completion of the Facility and acceptance by the City, (through the City Manager) will unconditionally donate the entire Facility to the City, and relinquish all rights, rifle, and interests it has in the Facility to the City; and WHEREAS, the City has determined that it is in the best interests of the City to accept the Foundation's offer to design, construct and donate the Facility; and WHEREAS, in consideration for the design and constmcrion of the Facility, the City will allow the Foundation entry upon the land at the Center to build and construct the Facility, and the City will improve and develop a certain public driveway in order to permit access to the land at the Center and the Facility, which is anticipated to be completed by May 1,2000, and will provide water and sewer service to the Facility. " NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: SECTION 1. CONSTRUCTION OF FACILITY Ae The Foundation hereby agrees that it will provide and pay for the complete design and construction of the Facility, which will consist ora fully functional and ready- for- use horse stable and which will include all items necessary to obtain a permanent certificate of occupancy for the Facility( except for sewer and water lines beyond 5 feet from the building and hookups), on certain property at the Center, designated as Tax Map Number 7230101, and shown on the attached map marked as Exhibit-2 which is made a part hereof. The Foundation warrants and agrees that the design and construction of the Facility will comply with all applicable federal, state, and local laws, ordinances, and regulations, including but not limited to the Americans With Disabilities Act. The Foundation also acknowledges and agrees that it, its representatives, agents, volunteers, contractors, subcontractors, employees and assigns will obtain any and all permits necessary for the design and construction of the Facility. The Foundation acknowledges that it has raised approximately $109,665.00 for the design and construction of the Facility and that total funding for the design and construction of the Facility will be from funds or services or donations solely obtained and raised by the Foundation for construction of the Facility. The Foundation further acknowledges and agrees that it is solely responsible for coordinating with any third party entities for the provision of all commitments or donations of services or items for the Facility and which will include, but not be limited to, the following services: grading; electrical services; storm water detention; erosion and sediment control; pad; and on-site parking. The Foundation and the City expressly acknowledge and agree that the City is not in any way responsible for the provision of any of these services or items. SECTION 2. DONATION OF FACILITY The Foundation agrees that upon completion of the construction of the Facility, and upon written acceptance by the City, through the City Manager, and the issuance of the permanent, final certificate of occupancy~ it will unconditionally donate the Facility to Roanoke City, pursuant to the Code of the City ofROanoke § 2-263, thereby relinquishing all rights, title and interests the Foundation has, or may have, in the Facility to the City. Foundation warrants that, upon its donation of the Facility to the City, there will be no outstanding liens or judgments encumbering the Facility. CONSIDERATION In consideration of the Foundation providing and paying for the complete design and construction of the Facility, the City hereby agrees to and does grant permission to the Foundation, its representatives, agents, subcontractors, employees and assigns, to enter and build the Facility on the land at the Center as shown in Exhibit-2. The City will also provide water and sewer service to the Facility. The City further agrees that it will develop and build a certain driveway on City property to permit access to the land at the Center and the completed Facility within a reasonable amount of time, which is anticipated to be completed May 1, 2000. 2 SECTION 4. COMPLETION DATE The Foundation hereby agrees that it will use reasonable commercial efforts to cause construction of the Facility to be completed and the Facility ready for occupancy on or before July 16, 2000. The Foundation further agrees that if it fails to complete construction of the entire Facility on or before July 16, 2000, to the satisfaction of the City, the City may, at its option, take over completion of the .Facility. The Foundation agrees it will reimburse the City for any and all expenses and costs the City ~ncurs or spends, either internally or externally or through outside consultants or contractors, to complete the design and/or construction of the Facility or to provide for any additional services or items necessary for completion of the Facility, all of which are more fully stated in Section I(B) of this Contract, to the extent of the amount of funds remaining from grants to the Foundation designated for construction of the Facility. SECTION 5. CITY MANAGER'S REVIEW The Foundation hereby agrees that during the design and construction of the Facility, it will present all plans for the design or construction to the City Manager (which term for purposes of this paragraph includes the City's designated representative) for his review and approval. The City Manager's approval is an express condition of this Contract that must be obtained before the design is finalized and before any construction of the Facility is started. The City Manager shall have ten days to approve or reject any or all plans presented to him for approval in his sole discretion. The City Manager shall have the right to have the Foundation stop the design process or the construction for good cause or if the construction is not substantially in accordance with the approved plans. The Foundation also agrees that it will notify the City Manager and obtain his written approval before any material changes, if needed, are made to any of the plans, or the construction, throughout all phases of the design and construction of the Facility. If the City Manager does not initially approve the Foundation's plans, the Foundation shall not be required to build the Facility and this Agreement shall be terminated. If the City, after approving the plans, requests changes which increases the cost of construction of the Facility, the City shall be responsible for funding such increases in advance. The City Manager shall have five (5) days after receipt to approve or reject change orders. Failure to approve or reject plans or change orders within the designated time shall be considered approval of such plans or change orders. CLEANUP The Foundation agrees to leave the real property that is the subject of this Contract, upon completion of the construction of the Facility, in good condition and free of all debris, all to the reasonable satisfaction of the City's representative. Furthermore, the Foundation agrees to dispose properly of all debris and other items resulting from comm~ction of the Facility, all at no cost to the City. 3 SECTION 7. LIMITATION OF LIABILITY The Foundation's liability or responsibility to the City, the Roanoke City Police Department, their officers, employees, agents or volunteers with respect to liabilities of any nature that might arise against the City, the Roanoke City Police Department, their officers, employees, agents and volunteers with respect to the design or construction of the Facility or otherwise arising with respect to this Contract, shall be limited to the extent the Foundation's insurance coverage is available to satisfy said liability, to the end that the assets of the Foundation shall not be available to satisfy any such liability. SECTION 8. ASSIGNMENT OF WARRANTIES The Foundation hereby agrees to assign to the City ail transferable warranties, express or implied, given by its contractors and suppliers in connection with this Contract or in any way connected to the design and/or construction of the Facility. SECTION 9. INSURANCE Ao The Foundation hereby agrees that they will provide the following insurance coverages for the life of the Contract and comply with the requirements set forth herein: Co .mmerciai General Liability. Commemial General Liability insurance shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the Foundation's performance under this Contract. The minimum limits of liability for this coverage shall be $5,000,000 combined single limit for any one occurrence. This insurance requirement may be met by any combination of primary and excess insurance. Automobile Liability. The minimum limit of liability for Automobile Liability insurance shall be $1,000,000 combined single limit applicable to owned or non- owned vehicles used in the performance of any work under this Contract. Builder's Risk. At the discretion of the City, the Foundation shall obtain and maintain in the name of the Foundation and/or the City "all-risk" builders risk insurance (or fire, extended coverage, vandalism, malicious mischief, and theft insurance, if approved by the City) upon the entire structure or structures on which the work of this Contract is to be done and upon all material in, adjacent thereto, or stored off-site which is intended for use thereon, to one hundred percent (100%) of the completed value thereof. Proof of Insurance Coverage. The policies of insurance required by this Contract shall be ~ifeU~of.l~_ ~fi~o_ ~ a r~e.pu~ble~ ins ,u~er. lice~e.d to. do business in V~glnla and maintained for the ua~ ~ontract vy me vounclation. Other insurance requirements include the following: 4 The Foundation shall furnish the City with the required certificates of insurance prior to commencing any work on the land or the Facility, showing the insurer, type of insurance, policy number, policy term, deductible, and the amount insured for property coverages and the limits for liability coverages. The required certificates of insurance shall contain substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered except after a thirty (30) day written notice has been provided to the Risk Management Officer for the City of Roanoke." o The required certificates of insurance shall name the City of Roanoke, its officers, agents, volunteers, and employees as additional insurers. Ce Additional Insureds. The Foundation will require its contractors to carry commercial general liability insurance of at least one million ($1,000,000), and naming the City of Roanoke, its officers, agents, volunteers, and employees as additional insurers, and where applicable, workers' compensation insurance, and to furnish to the City and to the Foundation certificates of insurance evidencing the same prior to commencing any work on the land or the Facility. SECTION 10. NONWAIVER The Foundation hereby agrees that the City's waiver or failure to enforce or require performance of any term or condition of this Contract or the City's waiver of any particular breach of this Contract by the Foundation extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by the Foundation and does not bar the City from requiring the Foundation to comply with all the terms and conditions of this Contract and does not bar the City from asserting any and all rights and remedies it has or might have against the Foundation under this Contract or by law. SECTION 11. SEVERABILITY If any term of this Contract is found to be void or invalid, such invalidity shall not affect the remaining terms of this Contract, which shall continue in full force and effect. APPLICABLE LAW By virtue of entering into this Contract, the Foundation agrees to submit itself to a court of competent jurisdiction in the City of Roanoke, Virginia and further agrees that this Contract is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia. 5 SECTION 13. ..COOPERATION Each party agrees to cooperate with the other in executing any documents or taking appropriate action necessary to carry out the intent and purpose of this Contract. SECTION 14. HEADINGS The Section Captions and Headings in this Contract are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of this Contract. SECTION 15. _REPRESENTATIVES The Foundation hereby designates Frank Farmer, Edwin C. Hall, and Joseph B. Wright, any of whom can act as the representative of the Foundation who will be in charge of this project for the Foundation. The City designates Lisa J. Fain, Economic Development Specialist, whose address is Municipal Building, Room 357, 215 Church Avenue SW, Roanoke, Virginia 24011, and telephone number is (540)853-2717, Lieutenant Richard L. Arrington whose address is 309 3~ Street, SW, Roanoke, Virginia 24011, and telephone number is (540)853-2134 and Philip C. Sehirmer, Assistant City Engineer, whose address is Municipal Building, Room 350, 215 Church Avenue SW, 24011, and telephone number is (540)853-1292, each of whom can act as the City's representative for this project. Either party may change the designation of representatives upon giving notice to the other party in writing. SECTION 16. CITY CONTRIBUTION The City staff will endeavor to have the City, subject to approval by City Council, provide the Foundation with funds up to $15,000, from CMERP or other sources, to be used for some of the costs and expenses for the work to be done by the Foundation under this Contract. In the event the City does not provide the Foundation the full $15,000, the City and the Foundation will cooperate to reduce the scope of the work, if necessary, to that which can be completed with the cash and services donated to the Foundation for the project. SECTION 17. ENTIRE CONTRACT This Contract constitutes the complete understanding between the City and the Foundation. All the terms and conditions of this Contract shall be binding upon the City and Foundation, their heirs, successors, or assigna, and cannot be modified by any oral representation or promise of any agent or other representative of either City or the Foundation. This Contract may be modified only by written agreement properly executed by the parties. 6 IN WITNESS WHEREOF, the parties have executed this Contract by the following signature of their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk By. City Manager WITNESS: ROANOKE FOUNDATION President FOR Edwin C. Hall, President Approved as to Form: Approved as to Execution: Assistant City Attorney Assistant City Attorney Appropriation and Funds Required for this Contract Certified: Director of Finance Date Acct.# 7 Exhibit 1 to Contract Between City of Roanoke and the Roanoke Foundation for Downtown, Inc. A copy of Exhibit 1 consisting of the building plan dated 9/8/99 from Price Buildings, Inc. is on file in the Office of Economic Development for review. L,glIL~ FIELD HERITAGE POINT .AT RC.I,T. CONCEPT PLAN Lxh b t 2 HERITAGE POINT AT' S;EE DE T ~.IL BLUE HILLS GOLF CLUB STATESI~AN INDUSTRIAL PARK Hill Studio PC. Or,.., I ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY To CLUe HOUSE WEST VICINITY MAP U.S. /.,60 0 ZOO &O0 800 NOVEMBER 1997 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk November 4, 1999 Sandra H. Eakin Deputy City Clef; File #434 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Resolution No. 34544-110199 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 in the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 1, 1999. Council Member Swain requested a status report on the Roanoke Neighborhood Development Corporation project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: Charles A. Price, Jr., Chair, Roanoke Neighborhood Development Corp., 3101 Willow Road, N. W., Roanoke, Virginia 24017 James D. Grisso, Director of Finance Robert K. Bengtson, Acting Director, Public Works Evelyn S. Lander, Chief, Planning and Community Development Lisa J. Fain, Acting Chief, Economic Development Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget Vickie S. Tregubov, Grants Monitor, Office of Grants Compliance C:\MyFiles~nov I wpd IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1999. No. 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~e City. BE IT RESOLVED 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. 4 to the Subgrant Agreement between the City and the Roanoke Neighborhood Development Corporation (RNDC), dated November 1, 1997, for continued funding for RNDC to receive technical assistance from the management development consulting services to increase its capacity to carry out eligible neighborhood revitalization activities and to conduct program evaluation and implementation analysis for future community development, as more particularly set out in the report to this Council dated November 1, 1999. 2. Amendment No. 4 shall be approved as to form by the City Attorney. ATTEST: City Clerk. H: ~R-ES~R-AMDNO4. P. NDC- 11-01-99 tmIECE/VED OCT 2~ ~2't7 Roanoke, Virginia November 1, 1999 99-40 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: I. Bac__q~__~q_rkround- Authorization to Execute Amendment No. 4 to 1997-98 CDBG Agreement with the Roanoke Neighborhood Development Corporation (RNDC) Ao The City of Roanoke receives entitlement .qrants each yea. under the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs of the U.S. Department of Housing and Urban Development (HUD). City Council authorized the City Manager to amend the Annual Updat,; to the HUD Consolidated Plan for FY 1997-98, by Resolution No. 33601-100697, adopted October 6, 1997, designating the RNDC as the recipient of $140,189 in CDBG funds and $9,649 formerly held b the Mayor's Henry Street Revival Committee for infrastructure improvements for Henry Street and the execution of an Agreement with the RNDC to obtain technical assistance to increase their capacity to carry out eligible neighborhood revitalization activities and/or economic development activities; training and capacity-building training services. Amendment No. 1 to the Agreement provided an additional $5,000 CDBG fund__s to cover costs for budget items listed in original agreement and extended the time of performance from November 1997 through October 31, 1999. Amendment No. 2 to the Agreement provided $20,000 additional CDBG funding to the RNDC. The funds had been authorized as part of the 1998-99 Annual Update to the Consolidated plan approved for the submission to HUD on May 11, 1998, by Resolution No. 33530- 051198 for the purpose of an in-depth parking study to determine parking requirements for existing facilities in the are surrounding Henry Street. II. Members of Council Page 2 Amendment No. 3 to the Agreement provided an additional $146,400 in CDBG funds to cover costs for additional technical assistance and extend the time of performance from November 1, 1997 through October 31, 1999. Technical assistance activities included, but were not limited to, the following: Securing conditional financial commitment and/or initiating construction; Continuing assessment of housing conditions to include market rate housing; Continuing RNDC Board training and capacity building relating to development and program implementation; and Continuing public involvement and neighborhood meetings regarding RNDC activities. Fo The existing CDBG agreement with the RNDC provides funding through October 31, 1999 for the 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. Current Situation: As part of the City's 1999/00 bud.qeting process, RNDC submitted ~. proposal requesting CDBG funds to cover costs for additional technical assistance and management development consulting services to carry out objectives such as the pre-construction activity including the completion of design work for the Crew Suites office/retail building and the Caboose convenience/delicatessen store; issue Request for Proposals for the construction of both buildings; continue the capacity building and management of RNDC and coordinate and implement infrastructure improvements along Henry Street and the Yard. City Council authorized $92,000 in CDBG funds for RNDC as part of the 1999/2000 Consolidated Plan Annual Update (Annual Update) approved for submission to HUD on May 11, 1999, by Resolution No. 34281-051199 and authorized the appropriation of $92,000 in CDBC. funds for RNDC on June 21, 1999, by Ordinance No, 34348-062199 and by Resolution No. 34349-062199. C. An amendment to the existing agreement is needed to add the III. Members of Council Page 3 additional $92,000 in CDBG funds. These additional funds are necessary in order for the RNDC to continue to receive technical assistance from the management development consultant to continue forward with its progress and to increase its capacity to carry out eligible neighborhood revitalization activities through June 30, 2000 and permit payment to the RNDC for eligible costs incurred. The RNDC will receive technical assistance for, but not limited to, the following activities: Crew Suites/Caboose Work Program: Capacity Building Development/Implementation - Pre- Construction/Initial Construction Phase Continue to communicate the efforts of the RNDC with the community - both general public and business sector How to approach financing issues related to the Catalyst Project (Crew Suite/Caboose) How to market the remaining 30,000 square feet of the Crew Suites Building How to execute documents at a closing of a business deal How to market RNDC's mission How to handle the administrative and management aspect of the construction phase, including record keeping, accounting and reporting 2. Pre-construction Work Program Redesign Crew Suites - Design Program Development Fund Raising for Equity Requirement(s) Secure and finalize private financing commitment(s) Redefine the Caboose Development Program Marketing for the Caboose Building Issues: Cost to the City Funding Timing IV. D. Compliance with applicable regulations Alternatives: Members of Council Page 4 Authorize the Acting City Manager or the Acting Assistant City Manager to execute, and the City Clerk to attest, Amendment No. 4 to the 1997-98 RNDC Agreement (similar in form and content to Attachment A), said amendment to be approved as to form by the City Attorney. 1. Cost to the City will be $92,000 in CDBG funding. 2. Funding is available in Account No. 035-G00-0037-51 51. Timing is important. The existing agreement provides funding only through October 31, 1999. This amendment will provide additional funding necessary for the RNDC to complete contractual obligations through June 30, 2000. .. Consistency with the Annual Update will be attained. The activities and funding covered by this Amendment are specifically authorized in the Annual Update for implementation by the RNDC. Do not authorize the Acting City Manager or the Acting Assistant City Manager to execution of Amendment No. 4 to the 1997-98 Agreement. Cost to the City will be not be an issue, other than the potential loss of continued positive community-building for the project area. Funding will remain available. Timing would not be an issue. Consistency with the Annual Update would not be attained, since the RNDC is specifically identified as the agency which will receive technical assistance to continue forward with its progress and momentum regarding neighborhood revitalization. Members of Council Page 5 JDR:vst Recommendation: Concur with Alternative A, authorizing the Acting City Manager or the Acting Assistant City Manager to execute and the City Clerk to attest, Amendment No. 4 to the 1997-98 CDBG Subgrantee Agreement (similar to form and content to Attachment A), approved as to form by the City Attorney. Respectfully submitted, Ja~D. ~,tc"~hie~'1~('''~ Acting City Manager Attachment CC; Acting Assistant City Manager City Attorney Director of Finance Acting Budget Administrator Acting Director of Public Works Chief of Planning and Community Development Acting Chief of Economic Development Office of Grants Compliance Mr. Charles Price, Chair, Roanoke Neighborhood Development Corp. ATTACHMENT A Amendment No. 4 to 1997-1998 CDBG Agreement THIS AMENDMENT, entered into this ~ day of November, 1999 by and between the CITY OF ROANOKE (Grantee) and the Roanoke Neighborhood Development Corporation (Subrecipient). WHEREAS, the Grantee and Subrecipient have, by Agreement dated November 1, 1997 contracted for the provision of certain services by the Subrecipient in relation to the implementation of a program in which the Subrecipient will obtain technical assistance to increase its capacity to carry out eligible neighborhood revitalization activities and to conduct program evaluation and implementation analysis for future community development activities; and WHEREAS, Amendment No. 1 to the Agreement was necessary to increase funding for RNDC's expenses needed to complete the scope of services outlined in the Agreement; WHEREAS, Amendment No. 2 to the Agreement was necessary to increase funding for the RNDC's expenses to do an in-depth parking study that would determine parking requirements of existing facilities in the area surrounding Henry Street; WHEREAS, Amendment No. 3 to the Agreement was necessary to increase funding to cover costs for Management Development Consulting Services and any necessary engineering and/or public infrastructure analysis; WHEREAS, the funding provided in the existing Agreement between the Grantee and Subrecipient will end as of October 31, 1999; WHEREAS, the Grantee has been authorized by City Council pursuant to Resolution No. 00000-110199, adopted November 1, 1999, to execute Amendment No. 4 to the existing Agreement with the Subrecipient; WHEREAS, an amendment to the Agreement, and Amendment Nos. 1, 2 and 3 is needed to increase funding to cover costs for additional Management Development Consulting Services; and NOW, THEREFORE, The Grantee and Subrecipient do mutually agree to amend: Section I., Scope of Services: Part A., Activities, to read as follows: The Subrecipient will be responsible for administering a 1997-1998 Community Amendment No. 4 Page 2 Development Block grant (CDBG) program in a manner satisfactory to the Grantee and consistent with the standards required as a condition of providing these funds. The Grantee shall provide the Subrecipient such funds, as provided herein, from the Community Development Block Grant Program according to the Grantee's amendment to the annual update to the HUD Consolidated Plan and from such other sources approved by the Grantee's governing body. The program will include the following eligible activities under the CDBG program: Program Delivery The Subrecipient is a non-profit Community Development Corporation committed to the following: eliminating blight and deterioration in the Community Commercial Core area, Henry Street, and selected Housing Development (s) in designated Neighborhoods; re-developing of acquired land; and establishing attractive commercial and housing development to benefit Iow to moderate income individuals. The Subrecipient adopted an Action Plan/Work Program to facilitate Subrecipient's proposed community development activities that was approved by City Council on October 6, 1997, for a funded amount of $178,400. The Grantee approved project activities as set forth in the CDBG requests. The Grantee shall provide $417,1 51 in CDBG funds for such activities. The major goals of the Subrecipient's efforts under this agreement will be: For Subrecipient to obtain technical assistance to increase their capacity to carry out eligible neighborhood revitalization and/or economic development activities. Training and capacity-building activities which will include a review of reference materials, local case studies, feasibility studies, historical data, and other viable data from the Subrecipient neighborhood areas. Provide up to four Board and community training sessions using a non-profit training manual for approximately 35 people. Henry Street/Community Commercial Core Project(s): Preliminary program/project analysis and related pre-development activities for parcels of land in the area generally bound by Henry Street, Wells Avenue, Gainsboro Road, and Loudon Avenue (See Site Map Attached As Exhibit "A" and incorporated herein by reference) to provide linkages to the surrounding Gainsboro neighborhood. 3. Site Identification for Parking: Evaluate parcels of land in the area Amendment No. 4 Page 3 generally bounded by Wells Avenue (North), Second Street Bridge (West), Salem Avenue (South), and Williamson Road (East). Determine parking requirements of existing facilities in the area along with requirements of any proposed new developments to help ensure that they have accessible and safe parking to enhance their success. Cherry Hill Housing Project: Program evaluation and implementation analysis for market rate housing development(s) in the Gainsboro neighborhood and Harrison Avenue Corridor, east or west of 5th Street neighborhood areas. o Securing conditional funding commitment and/or initiate construction; Continue assessment of housing conditions to include market rate housing; Continue RNDC Board training and capacity building relating to development and program implementation. More specifically, the services to be performed or obtained pursuant to this agreement shall be those authorized pursuant to a Resolution adopted on October 6, 1997 and authorized pursuant to the amendment to the Consolidated Plan submitted by the Grantee and approved by the Secretary of HUD (as that project description now reads or as it may later be modified in accordance with regulations promulgated by the Secretary), as reflected in the Scope of Services attached hereto as Exhibit B, and incorporated herein be reference. The Cherry Hill housing Project and Henry Street/Community Commercial Core Project outlined in Exhibit B shall be performed in accordance with the provisions of this agreement and all attachments or supplements hereto and in full compliance with the policies, procedures, and requirements of the Act and regulations properly promulgated by the Secretary pursuant thereto. The commitment and obligation of these funds are subject to the Subrecipient satisfying all local and federal requirements, and executing all required written agreements required by federal regulations which cover the CDBG program. For the month of November, 1997, the Grantee will pay the Subre¢ipient $19,450.00 for work performed in November, 1997 and pay a flat fee of $14,450.00 in monthly payments for the eleven months which follow November, 1997, in accordance with the terms of this Contract to cover costs actually occurred by RNDC. In February, 1998, the Subrecipient submitted a request for additional CDBG funds Amendment No. 4 Page 4 in the amount of $39,650 to conduct an in-depth parking study to determine parking requirements of existing facilities in the area generally bounded by Wells Avenue (North), Second Street Bridge (West), Salem Avenue (South), and Williamson Road (East). In July, 1998, the Subrecipient submitted a request for additional CDBG funds in the amount of $146,400 for additional Management Development consulting services and for appraisals in order to continue progress of the Subrecipient. In February, 1999, the Subrecipient submitted a request for additional CDBG funds in the amount of $1,834,750 for additional Project Management/Development of Catalyst projects and public infrastructure. Section I., Scope of Services: Part B., Line Items, to read as follows: The total funding for this project to be paid by the City with CDBG funds will be $41 7,151.00 The Subrecipient requires the resources of the Grantee and other entities to operate. The total amount of CDBG funds allocated for this project shall not exceed $417,1 51. The Subrecipient may spend these funds based upon the following budget items which shall be for the period from November 1, 1997 through June 30, 2000: RNDC Organizational Process Costs: Preparation of a Non-Profit Developer's manual Conduct (up to four) training work sessions. Cherry Hill housing Project and Henry Street/Community Commercial Core Project Pre-development Costs: Project Development/implementation Plan (3 year plan) Project Cost Estimates Schematic Design and/or Engineering Analysis Financial Analysis Catalyst Project(s) Development Packaging Project Management In the performance of its duties under this agreement, the Subrecipient will be provided: (1) Like-Kind support services and assistance by the Grantee with: Amendment No. 4 Page 5 Environmental review(s) for compliance with HUD regulations Historic resources review(s) Utility and boundary survey assistance for public boundaries for implementing and accomplishing the program as set forth herein and (2) like kind support services and assistance by a designated representative from the Roanoke Tax Assessor's Office for property data, all for the purposes of implementing and accomplishing the program as set forth herein. The Subrecipient may spend the additional $20,000.00 in CDBG funds to conduct an in-depth parking study to determine parking requirements of existing facilities in the area generally bounded by Wells Avenue (North), Second Street Bridge (West), Salem Avenue (South), and Williamson Road (East). The Subre¢ipient may spend the additional $146,400.00 in CDBG funds for Management Development Consultant Services and any necessary engineering and/or public infrastructure analysis. The Subrecipient may spend the additional $92,000.00 in CDBG funds to continue receiving Management Development Consultant Services for, but not limited to, the following activities: Capacity Building Development/Implementation - Pre-Construction/Initial Construction Phase Continue to communicate the efforts of the RNDC with the community - both general public and business sector How to approach financing issue(s) related to the Catalyst Project (Crew Suite/Caboose) How to marketing the remaining 30,000 square feet of the Crew Suites Building How to execute documents at a closing of a business deal How to market RNDC's mission How to handle the administrative and management aspect of the construction phase, including record keeping, accounting and reporting II Pre-construction Work Program Redesign Crew Suites - Design Program Development Fund Raising for Equity Requirement(s) Secure and finalize private financing commitment(s) Redefine the Caboose Development Program Amendment No. 4 Page 6 Market the Caboose Building Section I1., Time of Performance, to read as follows: Services of the Subrecipient shall start on the 1st day of November, 1997 and end on the 30th day of June, 2000. All requests for payment shall be made within sixty days from the expiration of the contract period. Section II1., Payment, to read as follows: It is expressly agreed and understood that the total amount of funds to be paid by the Grantee and services provided by the Grantee under this contract shall not exceed $417,151.00 in CDBG funding for such activities. During the CDBG FY 1997-1998 Pre-development Program, the Subrecipient will submit a payment request documenting expenses for $19,450.00 for work performed in November, 1997 and pay a flat fee of $14,450.00 in monthly payments for the eleven months which follow November, 1997, in accordance with the terms of this Contract for Capacity Building, Pre-Development Costs, Direct Project Management and Oversight, Operations, and Administration, to cover costs actually incurred by the Subrecipient. The Subrecipient shall submit technical memorandums documenting activities, issues, and benchmarks which the Grantee will utilize in the processing of payment requests. Upon approval by the Grantee's Project Manager, funds will be forwarded to the Subrecipient within ten (10) working days. With respect to the Parking Study program, the Subrecipient shall submit invoices to completed work monthly to the City of Roanoke Planning Department. The invoices shall be based upon a percentage completion of the total lump fee and shall list specific products or services complete. Invoices will be reviewed and approved by the Planning Department and then forwarded to the Office of Grants Compliance for review, approval and payment. Funds will be disbursed monthly based upon the completed work. Payment for services will be made to the Subrecipient within ten (10) working days. With respect to the additional $92,000.00 in CDBG funds, the Subrecipient shall pay a flat fee of $11,500.00 in monthly payments for the nine month period beginning in October, 1999, in accordance with the terms of this Contract for Capacity Building, Pre-Development Costs, Direct Project Management and Oversight, Operations, and Administration, to cover costs actually incurred by the Subrecipient. Amendment No. 4 Page 7 The Agreement, and Amendment Nos. 1, 2 & 3 shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the Grantee and Subre¢ipient have executed this amendment as of the date first written above. ATTEST: CITY OF ROANOKE: Mary F. Parker, City Clerk City Manager/Assistant City Manager ATTEST: ROANOKE NEIGHBORHOOD DEVELOPMENT CORPORATION By: By: Charles Price, Chairman By: Vernice Law, President APPROVED AS TO FORM APPROVED AS TO CDBG ELIGIBILITY Assistant City Attorney Office of Grants Compliance APPROVED AS TO EXECUTION Amendment No. 4 Page 8 APPROPRIATION AND FUNDS REQUIRED FOR THIS AMENDMENT CERTIFIED: Assistant City Attorney Director of Finance Date: 035-094-9437-5151 -$111,910 035-095-9537-51 51 -$114,001 035-097-9737-51 51 -$ 17,738 035-099-9937-5151 -$ 61,502 035-099-9921-5060 -$ 20,000 035-G00-0037-5151 -$ 92,000 I~ECEIYEC, CITY F', ~'"~'~'~ ,,L F..~P NOV 24 P3:30 Office of the City Manager Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council' Roanoke, Virginia November 22, 1999 At its meeting held Monday, November 1, 1999, City Council approved the execution of Amendment No. 4 to the 1997-98 Community Development Block Grant (CDBG) Agreement with the Roanoke Neighborhood Development Corporation (RNDC). During consideration of this matter, Council Member Swain requested information regarding the status of the RNDC project. This letter responds to that request. With Council's approval, RNDC has been awarded a total of $417,151 of CDBG funds. To date RNDC has spent $325,1 51. These funds were used for the following; $240,647 was spent for the RNDC to obtain technical assistance to increase its capacity to carry out eligible neighborhood revitalization and/or economic development activities. Training and capacity building activities included a review of reference materials, local case studies, feasibility studies, historical data and other viable data from the neighborhood area. As a result, the RNDC was formed as a Community Development Corporation (CDC), which is a nonprofit organization that is both market- oriented and dedicated to serving the residents of the neighborhood where it is located. $64,684 was spent for architectural and engineering fees. The funds have allowed RNDC to develop plans and design schematic drawings for the Henry Street project area. The organization has the ability to approach local financial institutions for financial assistance with its proposed business plan. c. $20,000 was spent for a feasibility study to determine what parking is needed for existing and future facilities in the Gainsboro area. Council recently appropriated $92,000 for the current fiscal year. The RNDC will use these funds to continue capacity building and to help cover the costs of its operating expenses. With regards to capacity building, RNDC will be able to address such issues as obtaining additional financing from different sources, marketing the Crew Suites Building, and execution of contract documents related to the Catalyst Project. Room 364 Municipal South 215 Church Avenue. S,W. Roanoke, Virgink3 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va,us City staff is currently working with RNDC on an agreement providing a matching capital equity grant in the amount of $375,000, as endorsed by City Council, for the construction of the Crew Suite office building. I hope that this satisfactorily addresses Council Member Swain's question. If I can be of further assistance, please contact me. Sincerely, D. Ritchie City Manager CAH C~ Mary F. Parker, City Clerk James D. Grisso, Director of Finance William M. Hackworth, City Attorney Diane S. Akers, Acting Assistant City Manager Sherman M. Stovall, Acting Budget Administrator Charles A. Harlow, Grants Specialist Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk November 4, 1999 File #60-207 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Resolution No. 34546-110199 authorizing the City Manager's issuance of Amendment No. 1 to the City's contract with Lumsden Associates, P. C., for additional engineering and design services for the Roanoke Centre for Industry and Technology Infrastructure Project, for an increase in the amount of $138,500.00 to the contract dated April 25, 1997. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 1, 1999. Sincerely, ~ Mary F. Par~,er, CMC/AAE City Clerk MFP:Io Attachment pc~ The Honorable Sherman A. Holland, Commissioner of the Revenue James D. Grisso, Director of Finance Robert K. Bengtson, Acting Director, Public Works Kit B. Kiser, Director, Utilities and Operations Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician D. Darwin Roupe, Manager, Supply Management Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget C:M'dyFiles~novl .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1999. No. 34546-110199. A RESOLUTION authorizing the City Manager's issuance of Amendment No. 1 to the City's contract with Lumsden Associates, P.C., for additional engineering and design services for the Roanoke Centre for Industry and Technology Infrastructure Project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Amendment No. 1 to the City's contract with Lumsden Associates, P.C., for additional engineering and design services for the Roanoke Centre for Industry and Technology Infrastructure Project, all as more fully set forth in the report to this Council dated November 1, 1999. 2. The Amendment No. 1 will provide authorization for additions in the work with an increase in the amount of $138,500 to the contract dated April 25, 1997, all as set forth in the above report. ATTEST: City Clerk. Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk November 4, 1999 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. 34545-110199 amending and reordaining certain sections of the 1999-2000 Capital Projects Fund Appropriations, providing for transfer of $150,000.00, in connection with Amendment No. 1 to the City's contract with Lumsden Associates, P.C., for additional engineering and design services for the Roanoke Centre for Industry and Technology Infrastructure Project The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 1, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc~ The Honorable Sherman A. Holland, Commissioner of the Revenue James D. Ritchie, Sr., Acting City Manager Robert K. Bengtson, Acting Director, Public Works Kit B. Kiser, Director, Utilities and Operations Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician D. Darwin Roupe, Manager, Supply Management Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget C:\MyFil~s~nov l .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of November, 1999. No. 34545-110199. 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 $ 24,841,815 Roanoke Center for Industrial Technology Infrastructure Extension (1).. 892,979 Roanoke Center for Industrial Technology Infrastructure Engineering (2) ........................................... 225,000 1) Appropriated from General Revenue 2) Appropriated from General Revenue (008-052-9632-9003) (008-052-9679-9003) $ (150,000) 150,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEIVED CITY CLER~(S OFF!CS1 '99 I~T 27 /~11 November 1, 1999 Council Report No. 99-171 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY ENGINEERING DESIGN SERVICES Background on the subject in chronological order is as follows: The City of Roanoke intends to continue development of remaining property located in the Roanoke Centre for Industry and Technology (RCIT). This work will include the extension of roadways, public utilities and storm drainage systems. Bo Request for Qualifications of consulting engineers was advertised on Sunday, March 2, 1997 with responses due by Wednesday, March 12, 1997. The City solicited qualified engineering firms to provide engineering design services for all remaining property in RCIT. Four firms submitted qualifications and three firms were interviewed by the Selection Committee. Do Lumsden Associates, P.C., of Roanoke, Virginia, was determined to be best qualified to perform the desired engineering design services by the Selection Committee. Subsequently, a Contract for Consulting Services was negotiated with Lumsden Associates, P.C. in the amount of $69,500.00. The agreement between the City and Lumsden Associates, P.C. is dated April 25, 1997. It was anticipated that this agreement would be amended from time to time to support phased development of the remaining property in RCIT. II. Current situation is as follows: mo The City desires to extend Blue Hills Drive to completion and grade Sites A, B & F as shown on the attached plan. Three finished sites are proposed. Tract A will be 12 acres, Tract B will be 7 acres and Tract F will be 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. The total amount of the proposed amendment is $138,500 and will provide for the necessary grading, roadway and storm drainage plans. Contract Summary Base Contract $ 69,500 Amendment No. 1 138,500 Total Contract Value $208,000 Honorable Mayor and Members of City Council ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY ENGINEERING DESIGN SERVICES November 1, 1999 Page 2 III. Issues in order of importance are as follows: A. Project Schedules B. Funding IV. Alternatives in order of feasibility are as follows: mo Authorize the City Manager to execute Amendment No. 1 to the Contract for Consultant Services, RCIT Infrastructure Engineerin g, dated April 25, 1997, in a form approved by the City Attorney, with Lumsden Associates, P.C. in the amount of $138,500. 1. Project schedule will be satisfied. Funding is available in RCIT Infrastructure Extension account (008-052-9632) and may be transferred to RCIT Infrastructure Engineering account (008-052-9679) to fund the contract. B. Do not authorize the City Manager to execute a contract with Lumsden Associates, P.C. 1. Project will be delayed. 2. Funding would remain available. V° Recommendation is that City Council concur in alternative "A", and take the following actions: A° Authorize the City Manager to execute Amendment No. 1 to the Contract for Consultant Services, RCIT Infrastructure Engineering, dated April 25, 1997, in a form approved by the City Attorney, with Lumsden Associates, P.C. in the amount of $138,500. Transfer $150,000 ($138,500 contract, $11,500 contingency) from RCIT Infrastructure Extension account 008-052-9632 to RCIT Infrastructure Engineering account 008-052-9679. Respectfully submitted, I diR tC in ager Honorable Mayor and Members of City Council ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY ENGINEERING DESIGN SERVICES November 1, 1999 Page 3 JDR/PCS/bls Attachment c~ City Attorney City Clerk Director of Finance Acting Director of Public Works Director of Utilities and Operations Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Acting Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue BLUE NI//~ ~ CLUI~ I=UTUI~E EXTEN~IGN OF: BLUE HILL,~ DII~VE LIC~INT 61TE ~l 1~ BUILD,A~.E ANE.A= ~L4~).~N~r ~1=. £3(~ST~k~ ?EN'~I~I~ C~ B4.UE HILL.~ DII~VE TRACT "F' ["t41~. E LE~I= ADVANCE 6T(:::~$ TIRA~T 81TE JJq~A, I .AC 4. CIJI~LL IBNt:~""C~ED TEI~IlNU~ OF BLUE HILL~ DI~VE 61TE AN~A, Q ~ :1: BUILDABLE A."~A, ~,~ 8.F. ~AXh'"U~ BUILDIN~ SIZE, 12S,.~:~ . I~OZ~) ed=. F~O,ANOKEE C..ENTF~EE FOF~ INDUSTt~¥ ~NID TEC::I-INOLC:~'T' Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk November 4, 1999 File #5-60 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Resolution No. 34548-110199 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, in the amount of $60,430.00 to the contract dated August 3, 1998. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 1, 1999. ~¢,~ ~..~, .~, ~~Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: The Honorable Sherman A. Holland, Commissioner of the Revenue James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety Robert K. Bengtson, Acting Director, Public Works Kit B. Kiser, Director, Utilities and Operations Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance D. Darwin Roupe, Manager, Supply Management Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget C:~VlyFil¢¢nov I wpd IN THECOUNC~ OF THE CITY OF ROANOKE, VIRGINIA The 1st day of November, 1999. No. 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. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Amendment No. I 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, all as more fully set forth in the report to this Council dated November 1, 1999. 2. The Amendment No. 1 will provide authorization for additions in the work with an increase in the amount of $60,430 to the contract dated August 3, 1998, all as set forth in the above report. ATTEST: City Clerk. Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk November 4, 1999 File #5-60 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34547-110199 amending and reordaining certain sections of the 1999-2000 Capital Projects Fund Appropriations, providing for appropriation of $60,430.00, in connection with Amendment No. 1 to the City's contract with Ronald M. Martin & Associates, P. C., for additional design services for the proposed Police Annex Building. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 1, 1999. Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: The Honorable Sherman A. Holland, Commissioner of the Revenue James D. Ritchie, Sr., Acting City Manager George C. Snead, Jr., Director, Public Safety Robert K. Bengtson, Acting Director, Public Works Kit B. Kiser, Director, Utilities and Operations Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance D. Darwin Roupe, Manager, Supply Management Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget C:\MyFiles~nov l.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of November, 1999. No. 34547-110199. 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: Aooropfiations General Government $ 24,902,245 Police Building Construction (1) ..............................1,177,730 Capital Improvement Reserve $ ( 920,843) Public Improvement Bond Series 1999 (2) ...................... (4,981,712) 1 ) Appropriated from Bond Funds (008-052-9564-9001) $ 60,430 2) Buildings (008-052-9709-9183) (60,430) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. ~ECEtVED CI~Y CLERKS November 1, 1999 Council Report No. 99-172 OOT 28 P2:44 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: AMENDMENT NO. I TO CONSULTANT CONTRACT PROPOSED POLICE ANNEX BUILDING 348 CAMPBELL AVENUE, S.W. ROANOKE, VIRGINIA Background on the subject in chronological order is as follows: City Council at its August 3, 1998 meeting approved the 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 following fee: Base Fee Reimbursable expenses Additional expenses Total $280,000 11,000 5,800 $296,800 This was for a 30,000 square foot building (the old IBM building of 20,000 square feet plus an additional third floor of 10,000 square feet). This was approximately half of what was recommended in the Long-Range Facilities Master Plan that had been prepared by the Vitetta Group Incorporated of Alexandria, Virginia and its subsidiary, Daniel C. Smith and Associates. The Long-Range Facilities Master Plan was presented to and adopted by City Council in July 1997 as part of the Five-Year Capital Improvement Plan for fiscal years 1998-2002 in July 1997. In the planning stage for the facility, it was determined that the best use of the building would be for the twenty-four (24) hour seven (7) day a week police personnel. To accomplish this required the addition of twenty feet across the back of the building plus some additional area in the basement, or about 5,700 square feet of additional floor space. 1997- 1999AClP CMERP (98-99) Revised CIP - 1999-2003 Adopted Jan. 16, 1999 $3,840,000* 100,000 3,940,000 1,260,000 $5,200,000 Planning, engineering, legal Acquisition of Property Construction 325,000 820,000 3,480,000 Honorable Mayor and Members of City Council AMENDMENT NO. 1 TO CONSULTANT CONTRACT PROPOSED POLICE ANNEX BUILDING 348 CAMPBELL AVENUE, S.W. ROANOKE, VIRGINIA November 1, 1999 Page 2 Equipment/Furniture The $3,840,000 is as follows: 1997 Bond Proceeds 1999 Bond Proceeds 575,000 $5,200,000 895,000 2,945,000 II. Current situation is as follows: Original architectural/engineering services contract with Ronald M. Martin & Associates, P.C. (T/A Martin & Associates, P.C.) was $296,800. Due to the increase in work determined by the preliminary design study, an additional fee of $60,430 has been requested by Ronald M. Martin & Associates, P.C. (T/A Martin & Associates, P.C.) This increase in fee is based on the additional space added to the project to be able to move the twenty-four hour employees into the facility and be able to operate efficiently. The sum of $60,430 needs to be appropriated from the 1999 Bond Fund Account No. 008-052-9709-9183. The A&E contract total will be $357,230. III. Issues in order of importance are as follows: Cost of additional services Funding Time IV. Alternatives in order of feasibility are as follows: A. Approve the additional fee of $60,430. 1. The square foot cost for the additional work is in line with the original design. 2. Funding needs to be appropriated from 1999 Bond Fund Account No. 008-052-9709-9183. Honorable Mayor and Members of City Council AMENDMENT NO. 1 TO CONSULTANT CONTRACT PROPOSED POLICE ANNEX BUILDING 348 CAMPBELL AVENUE, S.W. ROANOKE, VIRGINIA November 1, 1999 Page 3 o Time would remain the same. It is anticipated that this project will be advertised in November with the award of a contract by January 2000. Construction time is estimated to be from twenty (20) to twenty-four (24) months. Do not approve the change order or provide funding for the additional services. Design work on the contract documents would not continue in an expeditious manner. 2. Funding would not be required at this time. 3. Time of completion of the contract documents would be extended. Recommendation is as follows: City Council concur in alternative "A" and take the following actions: Authorize the Acting City Manager to execute Amendment No. 1 to the contract with Ronald M. Martin & Associates, P.C. (T/A Martin & Associates, P.C.) for additional services in the lump sum of $60,430. Total amount of fee would then be $357,230. Bo 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 into Account No. 008-052-9564-9001 for additional services to the architectural/ engineering contract with Ronald M. Martin & Associates, P.C. (T/A Martin & Associates, P.C.) Respectfully submitted, Ja D Ritchie Acting City Manager JDR/LBC/fm Attachments Honorable Mayor and Members of City Council AMENDMENT NO. 1 TO CONSULTANT CONTRACT PROPOSED POLICE ANNEX BUILDING 348 CAMPBELL AVENUE, S.W. ROANOKE, VIRGINIA November 1, 1999 Page 4 C; City Attorney City Clerk Director of Finance Director of Public Safety Acting Director of Public Works Director of Utilities & Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Acting Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk November 4, 1999 File ¢¢-468 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Resolution No. 34549-110199 authorizing the City Manager's issuance of Change Order No. 9 to the City's contract with Danis Environmental Industries, Inc., for'upgrade and expansion of the Water Pollution Control Plant, with an increase in the amount of $48,565.00 to the contract dated September 18, 1997. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 1, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc; The Honorable Sherman A.. Holland, Commissioner of the Revenue James D. Grisso, Director of Finance Robert K. Bengtson, Acting Director, Public Works Kit B. Kiser, Director, Utilities and Operations Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance D. Darwin Roupe, Manager, Supply Management Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget C:\MyFilcs\nov 1 wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1999. No. 34549-110199. AN ORDINANCE authorizing the City Manager's issuance of Change Order No.9 to the City's contract with Danis Environmental Industries, Inc., for the upgrade and expansion of the Water Pollution Control Plant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, 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, all as more fully set forth in the report to this Council dated November 1, 1999. 2. The Change Order will provide authorization for additions in the work with an increase in the mount of $48,565 to the contract dated September 18, 1997, all as set forth in the above report. 3. 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. I~ECEIVED CITY C~..E~t~S n~ rr OOT 27 / 11:50 November 1, 1999 Council Report No. 99-178 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: CHANGE ORDER NO. 9 UPGRADE AND EXPANSION WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA Back.qround on the subject in chronological order is as follows: Project consists of the up.qrade and expansion of the Water Pollution Control Plant to 62,000,000 gallons treatment capacity per day. Contractor for this proiect is Danis Environmental Industries, Inc, of Dayton, Ohio. Contract amount awarded by City Council on August 4, 1997, with a contract date of September 18, 1997, was $16,690,000 with a specified time of 730 consecutive calendar days. The date of the Notice to Proceed was October 29, 1997. D. Chan.qe orders to date are as follows: Original Change Change seven Change Change Contract Amount Order No. 1 (approved July 6, 1998) Order No. 2 (approved August 17, 1998 and additional calendar days) Order No. 3 (approved October 19, 1998) Order No. 4 (approved December 21, 1998) Change Order No. 5 (administratively approved February 11, 1999) Change Order No. 6 (approved May 6, 1999) Change Order No. 7 (approved June 21, 1999) Change Order No. 8 (approved September 7, 1999) 6,690,000 100,513 65,782 52,317 38,279 8,762 56,859 71,028 27,256 Current total amount of Contract $17,110,796 Completion date is November 12, 1999. Honorable Mayor and Members of City Council CHANGE ORDER NO. 9 UPGRADE AND EXPANSION WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA November 1, 1999 Page 2 III. Current situation is as follows: A. The following additional items have been identified as part of the required work on this project and need to be approved for payment. 1. Increase in cost due to unforeseen site conditions at the Effluent Filter washwater knockout panels. $ 5,741 2. Furnish and install a new steel beam at the BAF Influent Pump Station to allow removal of pumps $ 2,354 3. Install conduit and controls for the additional screen conveyor at the BAF. $ 5,277 4. Furnish and install four electric actuators at the Thickened Sludge Pump Station. $ 26,881 5. Modify the Effluent Filter system control panels to Meet the City's backwash valve control design. $ 7,567 6. Furnish and install an additional receptacle for the BAF sampler. $ 745 B. Total amount of Change Order No. 9 is $48,565 and no additional time. Malcolm Pirnie, Inc., and Mattern & Craig, Inc., engineers for this project, have reviewed these changes and have recommended them to the City of Roanoke for payment. Issues in order of importance are as follows: A. Engineering concerns B. Funding C. Time of Completion Honorable Mayor and Members of City Council CHANGE ORDER NO. 9 UPGRADE AND EXPANSION WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA November 1, 1999 Page 3 IV. Alternatives in order of feasibility are as follows: Approve the issuance of Chanqe Order No. 9 to contract with Denis Environmental Industries, Inc. for the Upgrade and Expansion of the Water Pollution Control Plant Project in the amount of $48,565 and no additional construction time. Engineering concerns as previously described would be met in a timely manner. Funding is available in Account No. 003-056-8475 in the amount of $48,565 due to budgeting for contingency in Budget Ordinance No. 33539-080497. Total of project contingency after Change Order No. 9 is $775,791. 3. Time of completion would remain the same, November 12, 1999. B. Reject the issuance of Chanqe Order No. 9: 1. Engineering concerns would not be met in a timely manner. 2. Funding would not be encumbered. 3. Time of completion would not change with either alternative. Recommendation is as follows: City Council concur in alternative "A" and take the following actions: Authorize the Acting City Manager to issue Change Order No. 9 to the contract, dated September 18, 1997, with Denis Environmental Industries, Inc. for the Upgrade and Expansion of the Water Pollution Control Plant Project in the amount of $48,565 and no change in the contract time of completion. The total contract amount would then be $17,159,361 with the completion date remaining November 12, 1999. Honorable Mayor and Members of City Council CHANGE ORDER NO. 9 UPGRADE AND EXPANSION WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA November 1, 1999 Page 4 Proportional share to each jurisdiction would be as follows: City of Roanoke 37.3% 918,115 County of Roanoke 29.2% 14,181 City of Salem 20.9% 10,150 County of Botetourt 7.0% 3,399 Town of Vinton 5.6% 2,720 Total of Change Order No. 9 100% $48,565 Amount of contingency fund remaining after Change Order No. 9 is 9775,791. Respectfully submitted, ja~. D, Ritchie~--'J~ ' Acting City Manager JDR/LBC/fm Attachments C: City Attorney City Clerk Director of Finance ''~ ~ Acting Director of Public Works Director of Utilities & Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Acting Budget Administrator Manager, Office of Supply Management Commissioner of Revenue Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk November 4, 1999 File #60-70 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Resolution No. 34551-110199 authorizing acceptance of the FY2000 Fire Programs Funds Grant, in the amount of $124,239.00, made to the City of Roanoke by the Virginia Department of Fire Programs and authorizing execution and filing by the City Manager of the conditions of the grant and other grant documents. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 1, 1999. Sincerely,~~.~ Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc~ James D. Grisso, Director of Finance George C. Snead, Director, Public Safety Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget James Grigsby, Chief, Fire-EMS C:hMyFilcs~nov I .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1999. No. 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. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the Virginia Department of Fire Programs of the FY2000 Fire Programs Funds Grant in the amount of $124,239.00. 2. The City Manager or the Assistant City Manager is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of FY2000 Fire Programs Funds Grant. 3. The City Manager or the Assistant City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Fire Programs in connection with the City's acceptance of the foregoing grant or with such project. ATTEST: City Clerk. Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk November 4, 1999 File #60-70 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34550-110199 amending and reordaining certain sections of the 1999-2000 Grant Fund Appropriations, providing for appropriation of $124,239.00, in connection with procurement of materials and equipment for training and development and fire suppression equipment, as a result of funds received from the Virginia Department of Fire Programs. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 1, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: James D. Ritchie, Sr., Acting City Manager George C. Snead, Jr., Director, Public Safety Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget James Grigsby, Chief, Fire-EMS C \MyFiles\novl .wlxl IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of November, 1999. No. 34550-110199. AN ORDINANCEto amend andreordain certain sections ofthel999~000 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: AooropHations Public Safety $ 1,918,838 Fire Program Grant FY00 (1-5) ............................... 124,239 Revenues Public Safety $ 1,918,838 Fire Program Grant FY00 (6) ................................. 124,239 1) Expendable Equipment 2) Training and Development 3) Wearing Apparel 4) Recruiting 5) Fire Training Facility 6) Fire Program Grant - FY00 (035-050-3230-2035) (035-050-3230-2044) (035-050-3230-2064) (035-050-3230-2065) (035-050-3230-9073) (035-050-3230-1100) 20,000 10,000 29,239 5,000 60,000 124,239 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEIYEO cI'rY C~.E,',~:.., OFFICE November 1, 1999 Council Report #99-423 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Fire Program Fund I. Background concerning this subject is as follows: mo Fire Program Fund was established by the General Assembly effective October 4, 1985, pursuant to Section 38.1-44.1 of the Code of Virginia. The sunset clause requiring expiration of this fund July 1, 1990 has now been removed; thus, the City's annual allocation of state funds will continue indefinitely. Bo Revenue to support this program is derived from a surcharge on all fire insurance premiums collected throughout the Commonwealth. Co Program guidelines require that funds received are non-supplantin_~ and may not be used in replacement of existing local funding. Funds must be used in accordance with the provisions established by the State Department of Fire Programs. D. Funds provided by this program may be used for the following: Fire Service Training: The fire department may use money received to purchase training equipment, to employ outside training instructor(s) and to reimburse tuition for approved training classes. Regional Fire Service Training Facilities: Funds may be used to construct, improve and expand regional fire service training facilities. Mayor Bowers and Members of Council November 1, 1999 Page 2 Firefighting Equipment/Apparatus: Funds may be used to purchase fire apparatus, specialized response vehicles, fire hose, forcible entry tools, ladders and radio equipment. Personal Protective Clothing: Funds may be used to purchase helmets, eye protection equipment, protective hoods, boots, coats, pants, and gloves. E. Prohibited uses of funds are as follows: Construction to improve and expand any training facilities other than Regional Fire Service Training Facilities. Firefighting equipment other than that equipment and appurtenances attached thereto required and used at the scene of a fire to deliver water or other extinguishing agents on the fire, remove smoke and gases, protect property from smoke and water damage and assure the fire is extinguished. Personal protective clothing that does not meet, at a minimum, the National Fire Protection Association Standards in effect at the time the purchase is made. Funds allocated to the counties, cities and towns pursuant to this subsection shall not be used directly or indirectly to supplant or replace any other funds appropriated by the counties, cities and towns for fire service operations. Such funds shall be used solely for the purposes of fire service training, constructing, improving and expanding regional fire service training facilities, purchasing firefighting equipment or purchasing protective clothing and equipment for firefighting personnel. (Code of Virginia Section 38.2- 126 sub-paragraph B). Mayor Bowers and Members of Council November 1, 1999 Page 3 F. Local cash match is not required. II. Current situation is: Ao Roanoke City's allocation of $124,239 was electronically transferred to the City Treasurer on October 5, 1999. These funds were deposited in account //035-050-3230-1100. Regional Fire/EMS Training Center consisting of a 15,400 square feet building equipped with classroom, auditorium and office space, built on six (6) acres of Roanoke County's existing fire training ground is underway. City Council approved funding the Roanoke Valley Regional Training Center out of Fire Program funds on November 16, 1998. The City's portion of the annual debt service in the amount of $60,000 will be repaid from this revenue source. Co City Council action is needed to formally accept and appropriate these funds, and authorize the Director of Finance to establish revenue estimates and appropriation accounts in the Grants Program Fund to purchase the following equipment and supplies in accordance with provisions of this program: Fire Suppression Equipment - $20,000. Purchase of fire hose, nozzles, and appliances. Also purchase Incident Command related materials and rescue tools for vehicle extrication. Training and Development - $10,000. Purchase firefighting gear, training videos and manuals and to provide training, education and development of personnel. Regional Fire Training Academy $60,000. Support the construction of 15,400 square foot regional fire training center with classrooms and auditorium. Mayor Bowers and Members of Council November 1, 1999 Page 4 Recruitment and Development $5,000. 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. o Personal Protective Clothing $29,239. Purchase fire boots, coats, pants, and helmets for fire suppression purposes. III. Issues in order of importance are: A. Need. B. Funds availability. IV. Alternatives in order of feasibility are:. mo City Council accept funds from the State Department of Fire Programs, and authorize the Director of Finance to establish revenue estimates and appropriation accounts for the procurement of materials and equipment for training and development and fire suppression equipment. Need exists to build a Regional Training Center and to purchase training aids and fire suppression equipment, as detailed previously. Funds availability would be met with acceptance of the Fire Programs Fund allocation. Bo City Council not accept the City's allocation from the State Department of Fire Programs. Need. still exists to purchase training aids and fire suppression equipment. 2. Funds availability would remain through the Fire Programs Fund. Mayor Bowers and Members of Council November 1, 1999 Page 5 V. Recommendation: City Council adopt Alternative A which would authorize the following actions: Acceptance by the City Manager of the grant award. Appropriation of $124,239 with corresponding revenue estimates in accounts established by the Director of Finance in the Grant Fund. Respectfully submitted, Acting City Manager JDR/JG/vds CC: City Attorney City Clerk Director of Finance Director of Public Safety Budget Administrator Fire-EMS Chief Battalion Chief for Training 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: 1540} 853-2541 Fax: 1540}853-1145 November 4, 1999 File #448 SANDRA H. EAKIN Dcput5 ('it', Clclk W. Alvin Hudson, Jr., City Representative Roanoke Valley Regional Cable Television Committee Roanoke, Virginia Dan U Frei, Vice-Chair Roanoke Valley Regional Cable Television Committee 1308 Second Street, S. W., #5 Roanoke, Virginia 24016 Phyllis K. Runyon, City Representative Roanoke Valley Regional Cable Television Committee Roanoke, Virginia Diane S. Akers, City Representative Roanoke Valley Regional Cable Television Committee Roanoke, Virginia Ladies and Gentlemen: I am enclosing copy of Resolution No. 34552-110199 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. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 1, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure C:\MyFilcs~nov I .wpd W. Alvin Hudson, Jr. Dan L. Frei Phyllis K. Runyon Diane S. Akers November 4, 1999 Page 2 pc: Gary T. McCollum, General Manager, Cox Communications Roanoke, 5400 Fallowater Lane, S. W., Roanoke, Virginia 24018 Carolyn S. Ross, Clerk of Council, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia 21479 Mary H. Allen, Clerk, Board of Supervisors, Roanoke County, P. O. Box 29800, Roanoke, Virginia 24018-0798 James D. Ritchie, Sr., Acting City Manager James D. Grisso, Director of Finance C:~VlyFiles~nov I .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1999. No. 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). BE IT RESOLVED by the Council of the City of Roanoke that City Council hereby appoints a committee composed of the persons who, from time to time, are appointed as the City's representatives on the Roanoke Valley Regional Cable Television Committee to meet with representatives designated by the County of Roanoke, the Town of Vinton, and Cox Communications and to enter into negotiations to discuss the possibility of renewing the current franchise agreements with Cox Communications and the three valley governments and for the committee to report back to this Council from time-to-time on the status of those negotiations together with any recommendations they may wish to make to Council, all as more fully set forth in the report to this Council dated November 1, 1999. ATTEST: City Clerk. ctrV 311S°- Pollar~l~tre~v ..q NTON, /i 8 PHONE (640) 983..0607 FAX (S4O) Carolyn S. Ross Admin. Asst./Town Cle~ November 4, 1999 Robert R. Altice Chairperson Roanoke Valley Regional Cable Television Committee 616 Maple Street Vintorg VA 24179 Re~ Cox Communications, Inc. Franchise Negotiations for Franchise Extension Dear Mr. Altice: As you are aware, Cox CommUnications, Inc. has recently expressed its desire to to obtain an extension of its current cable television franchise with the three Roanoke Valley jurisdictions. In response to this request, at the regular meeting of Vinton Town Council held on Tuesday, November 2, 1999, you were appointed by Council, along with Buck Heartwell, Clay Goodman, and Mary Beth Layman to serve on a committee representing the Town of Vinton in negotiations with Cox Communications for a new franchise. Advise if you have questions or you need additional information. Sincerely, Carolyn S. Ross Admin. Asst./Town Clerk William L. HeartwelI, 1II, Esq. Town Attorney B. Clayton Goodman, 1II, Town Manager Mary Beth Layman, Special Programs Coordinator Joseph B. Obenshain, Esq., Senior Assistant Roanoke County Attorney Mary H. Allen, Clerk to the Roanoke County Board of Supervisors Mary F. Parker, Roanoke City Clerk Elaine Simpson, Cable TV Government Access Director Gary T. McCollum, General Manager, Cox Communications Roanoke RECEIVEO 'g900T 28 P12:17 Office of the City Manager November 1, 1999 Council Report No. 99 - 48 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: Subj eot; Cox Cable Franchise with City of Roanoke The current cable television franchise between the City of Roanoke and Cox Com., Inc., d/b/a Cox Communications Roanoke (hereafter referred to as "Cox") expires in May 2003, simultaneous with their franchise with Roanoke County and the Town of Vinton. Cox has expressed the strong desire to enter into negotiations for an extension or renewal of their franchise with the three jurisdictions at this time rather than waiting until closer to the expiration date. Cox has recently announced its plan to invest $8.5 million in its physical plant, styled "Cox Digital Revolution." This investment would upgrade their technological capabilities in the Roanoke Valley and would permit full digital television and high speed Internet access capabilities. At a recent meeting of the Roanoke Valley Regional Cable Television Committee, Cox's 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 proceed in response to Cox's request. The two apparent options to the local governments are to undertake informal negotiations with Cox for an extension of their current franchise at this time or to wait one to two years and begin either formal or informal negotiations with Cox at that time for a new franchise agreement. There is no fiscal impact from either option anticipated at this time. OPTION I: Enter~ons to Discuss Extendin or Renewin Cox's Current Cable TV Franchise Cox's request for negotiations to discuss an extension of their existing franchise coincides with their announced plans for capital investment in their infrastructure in the Roanoke Valley. An extension of their cable television franchise could facilitate Cox in attaining the capital investment which is required for the improvement of their physical plant. These investments will assist the Roanoke Valley in being on the leading edge of technology as we enter the 21 st Century. Cox has demonstrated that it is a reasonable corporate citizen of the Roanoke Valley and an extension of their franchise could be perceived as a vote of confidence in their efforts. Potential Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci. roanoke.va, us The Honorable Mayor and Members of Council November 1, 1999 Page 2 disadvantages of an extension of the current franchise include the inability to significantly modify or improve the existing agreement and the opportunity to benefit from either technological or legislative changes between now and May of 2003. OPTION II: Decline to enter into negotiations at this time and wait to open neuotiations in 2001: This would enable the current franchise agreement among the three jurisdictions and Cox to run its natural course. The current surge of corporate mergers within the telecommunications industry and ongoing technological advancement may bring considerable changes to Cox within the next two years. Formal renegotiation of a new franchise agreement would allow the local governments to explore improvements in the currently existing franchise. However, not negotiating with Cox may put them in a less cooperative position in two years. Furthermore, there is the potential that Cox might either sell the current franchise or be acquired by another and potentially less desirable cable system operator. In that situation, the Roanoke Valley local governments may find themselves dealing with a much less cooperative entity; one which is much less willing to continue to provide the level of investments and services which we have come to expect from Cox. Staff recommends that City Council appoint a committee composed of the four City representatives of the Roanoke Valley Regional Cable Television Committee to meet jointly with representatives designated by the County of Roanoke, the Town of Vinton and Cox to enter into negotiations to discuss the possibility of extending or renewing the current franchise agreement with Cox. Respectfully submitted, Acting City Manager JDR/jsf cc: Mary F. Parker, City Clerk Diane S. Akers, Acting Assistant City Manager James D. Grisso, Director of Finance William Hackworth, City Attorney Gary Tegenkamp, Assistant City Attorney Lissy Runyon, PIO, Roanoke City Schools Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk November 4, 1999 File 310-247 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 1, 1999, as a result of the potential closing of the Hotel Roanoke Conference Center in January through April 2001, Council Member White requested a written response at the next regular meeting of Council on the City's position as to any loss of revenue and/or legal ramifications. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: James D. Ritchie, Sr., Acting City Manager Deborah J. Moses, Executive Director, Commission Hotel Roanoke Conference Center C:'~vly Files~nov I wpd Department of Finance City of Roanoke, Virginia November 1, 1999 CITY C ~.r~ ~'~,-' ~ '99 OBl 28 A 0:37 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance September Report This financial report covers the first three months of the 1999-00 fiscal year. The following narrative discusses revenues and expenditures to date. REVENUE General Fund revenues reflect an increase of 9.06% or $2,507,000 compared to FY99. Variances in specific categories of revenues are as follows: General Property Taxes are up 8.78% or $1,179,000. Real estate tax, due October 5, increased 9.46% due to the fact that a larger portion of taxes was collected through September 30 of FY00 than through September 30 of FY99. For the year, real estate tax revenues are projected to increase 3.8%. Other Local Taxes rose 9.69% or $732,000. Sales tax is up $140,000 or 4.94%. Business and occupational license tax, prepared food and beverage tax, electric utility tax and telephone utility tax also increased. Fines and Forfeitures decreased $68,000 or 26.62% due a decline in parking ticket fines and general district court fines. These decreases result from the vacancies in the police department and a reorganization of the police traffic bureau which has resulted in fewer summons being issued; and thus, a reduced caseload for general district court. Revenue from Use of Money and Property is up 22.18% or $59,000 due to increased rental income from the Commonwealth Building. During FY99, the rent paid by the state for the Commonwealth Building was based on projected operating and maintenance costs. In July of FY00, the state was billed for the amount that actual expenditures exceeded projected expenditures for FY99. 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 rose 14.14% or $698,000. Law enforcement funding through House Bill 599, which is received on a quarterly basis, increased due to a larger payment received in August of FY00 than in August of FY99. As part of the 1999 Virginia General Assembly, the Commonwealth agreed to adjust funding to localities to reflect the original provisions of the bill. This results in a significant increase in 599 funding expected in FY00. Rental car tax revenue also increased due to a timing difference. Grants-in-Aid Federal decreased $8,600 due to a timing difference in the receipt of quarterly FEMA revenue. Charges for Services decreased $45,000 or 6.60% due to a drop in weed cutting and demolition charges which is partially offset by an increase in EMS billings caused by a timing difference. Honorable Mayor and Members Roanoke City Council November 1, 1999 Page 2 Miscellaneous Revenue decreased $51,000 or 66.67%. A surplus sale was held in September of FY99. A surplus sale will be held in November of FY00. EXPENDITURES AND ENCUMBRANCES General fund expenditures and encumbrances have decreased .99% or $502,000 since FY99. Variances in individual expenditure categories are discussed as follows: Community Development expenditures increased 25.22% or $192,000. Economic Development expenditures increased due to fees paid for an economic impact study. Memberships and Affiliations expenditures are also up. Contributions paid to Roanoke Valley Convention and Visitors Bureau, Virginia Amateur Sports, and Roanoke Valley History Museum increased from the prior year. Transfer to Debt Service Fund decreased 13.31% or 1,064,000. 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. Nondepartmental expenditures are up 45.83% or $485,000. Transfers to Fleet Management fund increased due to funding for the purchase of a motor grader. Transfers to Capital Projects fund also increased due to a timing difference in the annual transfer for the Roanoke River Flood Reduction project. These increases were partially offset by a decrease in transfers to Grant Fund caused by timing differences and a decline in Virginia Juvenile Community Crime Control Act funding designated for the grant fund programs. I would be pleased to answer questions which City Council may have regarding the monthly financial statements. JDG/THT Attachments Directoi' of Finance 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 CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE SEPTEMBER 30, 1999 Department Cultural Services Committee Supply Management Tranfer to Grant Fund Emergency Services Balance September 30, 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 $420,244 (2,500) (33,675) (6,293) (2,500) $375,276 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period July 1 - Sept 30 July 1 - Sept 30 Percentage Revenue Source 1998-99 1999-00 of Change General Property Taxes $13,428,058 $14,607,043 8.78 % Other Local Taxes 7,549,358 8,280,858 9.69 % Permits, Fees and Licenses 206,927 213,730 3.29 % Fines and Forfeitures 255,355 187,378 (26.62) % Revenue from Use of Money and Property 268,347 327,879 22.18 % Grants-in-Aid Commonwealth 4,938,045 5,636,504 14.14 % Grants-in-Aid Federal Government 8,565 (100.00) % Charges for Services 675,452 630,861 (6.60) % Miscellaneous Revenue 76,330 25,438 (66.67) % Internal Services 264,434 268,021 1.36 % Total $27,670,871 $30,177,713 9.06 % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $70,068,826 20.85% 53,562,405 15.46% 703,500 30.38% 947,500 19.78% 1,047,040 31.31% 44,332,193 12.71% 34,260 3,330,300 18.94% 267,500 9.51% 2,155,400 12.43% $176,448,924 17.10% 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 - Sept 30 July I - Sept 30 Percentage Unencumbered 1998-99 1999-00 of Change Balance $2,908,769 $2,952,579 1.51% $8,479,287 1,212,945 1,256,518 3.59 % 3,330,044 11,507,213 11,322,567 (1.60) % 33,218,881 7,931,718 7,695,756 (2.97) % 14.987,334 5,327,582 5,243,411 (1.58) % 20.436,273 Current Fiscal Year Percent of Revised Budget Appropriations Obligated $11,431,866 25.83% 4,586,562 27.40% 44,541,448 25.42% 22,683,090 33.93% 25,679,684 20.42% 1,322,468 1,346,936 1.85 % 3,208,269 761,088 953,048 25.22 % 2,368,751 4,555,205 29.57% 3,321,799 28.69% 7,987,925 6,924,352 (13.31 )% 4,740,447 10,461,757 10,739,804 2.66 % 32,219,410 1,057,734 1,542,469 45.83 % 5,307,052 $50,_479,199 $49,977,440 (0.99) % $128,295,748 11,664,799 59.36% 42,959,214 25.00% 6,849,521 22.52% $178,273,188 28.03% 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 - Sept 30 July 1 - Sept 30 1998-99 1999-00 $1,400,538 $1,489,487 8,968,030 7,791,990 52,948 56,099 234,829 293,936 10,461,757 10,739,804 2,174,270 2,349,063 Percentage of Change 6.35 (13.11) 5.95 25.17 2.66 8.04 Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $8,638,640 17.24% 39,280,160 19.84% 2,915,599 1.92% 3,216,301 9.14% 42,959,214 25.00% 3,585,532 NA (2.46) % $100,595,446 22.59% 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 1 - Sept 30 1998-99 $10,174,896 813,876 451,136 2,118,105 567,048 1,127,060 3,531,142 2,911,939 July 1- Sept30 1999-00 $11,379,097 796,434 688,978 2,870,996 780,958 1,281,574 4,067,285 3,585,532 $25,450,854 Percentage of Change Unencumbered Balance 11.84 % $59,916,395 (2.14) % 2,825,802 52.72 % 2,945,923 Current Fiscal Year Percent of Revised Budget Appropriations Obligated $71,295,492 15.96% 3,622,236 21.99% 3,634,901 18.95% 35.55 % 7,054,415 9,925,411 28.93% 37.72 % 3,508,225 4,289,183 18.21% 13.71 % 562,475 1,844,049 69.50% 15.18 % 676,736 4,744,021 85.73% 23.13 % 3,585,532 NA 17.31% $77,489,971 $102,940,825 24.72% CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF SEPTEMBER 30, 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 $24,866,815 $17,388,520 $7,478,295 $958,465 $6,519,830 2,011,078 1,013,908 997,170 63,927 933,243 1,472,100 526,781 945,319 518,194 427,125 3,767,698 1,786,252 1,981,446 1,1 96,598 784,848 23,425,032 16,686,017 6,739,015 4,926,422 1,812,593 1,299,299 936,451 362,848 11,830 351,018 2,616,089 2,236,891 379,198 53,347 325,851 21,326,943 13,034,330 8,292,613 1,056,588 7,236,025 (294,868) (294,868) (294,868) $80,490,186 $53,609,150 $26,881,036 $8,785,371 $18,095,665 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF SEPTEMBER 30, 1999 Education Capital Improvement Reserve Total Budget $32,924,732 (951,021) $31,973,711 Expenditures Unexpended Outstanding Unobligated To Date Balance Encumbrances Balance $28,950,054 $3,974,678 $3,194,753 (951,021) $28,950,054 $3,023,657 $3,194,753 $779,925 (951,021) ($171,096) 4 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND COMPARATIVE STATEMENT OF REVENUES FOR THE 3 MONTHS ENDING SEPTEMBER 30, 1999 Interest Revenue: Interest on Bond Proceeds Interest on Idle Working Capital Total Interest Revenue Multi Year Revenues: Intergovernmental Revenue: Commonwealth: Virginia Transportation Museum - ISTEA Second Street Entrance - Coca Cola Total Intergovernmental Revenue Revenue from Third Parties: Norfolk Southern - Hunter Viaduct InSystems Incorporated - Land Sale Total Revenue from Third Parties Other Revenue: Transfers from General Fund Total Other Revenue Total FY 2000 $168,829 242,394 411,223 196,046 196,046 950,000 11,000 961,000 860,500 860,500 $2,428,769 FY 1999 $349,671 177,984 527,655 109,150 109,150 321,860 321,860 $958,665 5 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 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 Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Transfer from General Fund Interest on Investments Rent Miscellaneous Revenue Interest and Fiscal Charges Net Nonoperating Expenses Net Income FY 2000 $820,189 750,848 58,868 6,297 134,003 55,844 2,413 155,768 716,407 2,700,637 1,098,693 852,573 427,731 2,378,997 321,640 25,000 94,470 16,931 498 (304,745) (167,846) $153,794 FY 1999 $834,851 796,385 62,344 6,027 13,888 470,666 136,660 830,225 3,151,046 1,039,106 859,733 388,422 2,287,261 863,785 99,957 10,532 6,687 (332,631) (215,455) $648,330 Effective July 1, 1999, the Utility Line Services Fund was combined with the Water Fund. Prior year balances have been restated to enhance comparability. 6 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 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 Interest on Investments Miscellaneous Revenue Total Nonoperating Revenues Net Income FY 2000 $1,980 468 181 223 23 776 124 981 24 756 54 977 26 435 2,416,616 500,894 1,261,546 286,295 2,048,735 367,881 112,848 9,942 122,790 $490,671 FY 1999 $1,959,421 204,828 24,664 144,596 25,372 42,250 36,798 2,437,929 465,856 1,117,690 245,034 1,828,580 609,349 194,691 6,168 200,859 $810,208 CITY OF ROANOKE, VIRGINIA CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 1999 Operating Revenues Rentals Event Expenses Admissions Tax Parking Fees Commissions Other Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues Transfer from General Fund Interest on Investments Miscellaneous Net Nonoperating Revenues Net Loss FY 2000 $45,056 10,488 2,997 14,509 30,747 8,294 112,091 279,704 193,355 101,902 574,961 (462,870) 14,536 410 14,946 ($447,924) FY 1999 $80,671 17,878 5,053 3,131 11,159 2,693 120,585 270,460 298,839 100,286 669,585 (549,000) 5,000 18,128 1,119 24,247 ($524,753) 8 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 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 Operating Subsidy for GRTC Miscellaneous Net Nonoperating Expenses Net Income (Loss) FY 2000 $85,501 101,970 50,636 95,122 88,143 18,685 440,057 164,694 136,165 300,859 139,198 2,335 (128,848) 583 (125,930) $13~268 FY 1999 $73,084 110,039 44,777 90,465 64,289 15,880 398,534 165,171 136,165 301,336 97,198 (309) (141,916) (257,065) 733 (398,557) ($301,359) 9 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 1999 Operating Revenues FY 2000 COMMISSION (1) CONFERENCE CENTER (2) TOTAL FY 1999 Conference Center Total Operating Revenues $ 611,684 $ 611,684 $ 629,759 611,684 611,684 629,759 Operating Expenses Commission Conference Center Total Operating Expenses 118,259 118,259 581,313 581,313 118,259 581,313 699,572 (118,259) 30,371 (87,888) 54,183 615,312 669,495 (39,736) Net Operating Income (Loss) Nonoperating Revenues (Expenses) Contributions from City of Roanoke Contributions from Virginia Tech Interest on Investments Rent, Taxes, Insurance, and Other 43,750 43,750 43,750 43,750 43,750 43,750 12,483 12,483 12,140 (8,653) (8,653) (5,669) Net Nonoperating Revenues (Expenses) 99,983 (8,653) 91,330 93,971 54,235 128,843 ($74,608) Net Income (Loss) Before Depreciation (18,276) 21,718 3,442 Depreciation Expense/Replacement Reserve 123,037 30,585 153,622 Net Loss ($141,313) ($8,867) ($150,180) Notes to Financial Statement: (1) The column entitled "Commission" represents Commission activity in the City's financial records. (2) 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 3 MONTHS ENDING SEPTEMBER 30, 1999 Operating Revenues Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income (Loss} Nonoperating Revenues (Expenses) Interest Revenue Transfer From Other Funds Net Nonoperating Revenues (Expenses) Net Income {Loss} TOTALS City Information Materials Management Fleet Risk Systems Control Services Management Management FY 2000 FY 1999 $899,985 $45,741 $31,428 $1,049,374 $963,427 $2,989,955 $3,678,446 899,985 45,741 31,428 1,049,374 963,427 2,989,955 3,678,446 454,294 28,275 7,179 312,950 58,347 861,045 826,995 246,434 3,764 (3,090) 218,766 1,986,286 2,452,160 2,511,224 132,513 461 5,048 430,823 568,845 553,686 833,241 32,500 9,137 962,539 2,044,633 3,882,050 3,891,905 66,744 13,241 22,291 86,835 (1,081,206) (892,095) (213,459) 56,165 (448) 2,746 19,773 132,834 211,070 187,263 - 125,900 125,900 56,165 (448) 2,746 145,673 132,834 336,970 187,263 $122,909 $12,793 $25,037 $232,508 ($948,372) ($555,125) ($26,196) Effective July 1, 1999, the Utility Line Services Fund was combined with the Water Fund. Prior year balances have been restated to enhance comparability. 11 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED SEPTEMBER 30, 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 SEPTEMBER 30, 1999. BALANCE AT FUND AUG 31,_!9_9_9 BALANCE AT BALANCE AT RECEIPTS DISBURSEMENTS SEPT 30, 1999 SEPT 30, 1998 GENERAL $4,510,252.46 $20,484,392.65 $21,083,086.94 $3,911,558.17 $1,286,429.54 WATER 6,852,945.36 2,332,643.03 2,335,083.17 6,850,505.22 7,137,785.25 SEWAGE 7,764,217.52 2,948,259.58 2,107,030.80 8,605,446.30 13,675,601.81 CIVIC CENTER 1,062,359.85 46,194.23 154,246.87 954,307.21 1,113,565.01 TRANSPORTATION (62,342.83) 137,059.60 79,594.68 (4,877.91) (331,003.17 CAPITAL PROJECTS 32,295,797.27 1,903,905.62 996,604.43 33,203,098.46 35,662,050.69 CONFERENCE CENTER 1,008,192.38 4,012.25 42,497.06 969,707.57 914,451.59 JUVENILE DETENTION 8,773,746.00 19,345.07 299,129.62 8,493,961.45 (331.281 DEBT SERVICE 4,351,845.44 7,200,210.37 0.00 11,552,055.81 11,536,553.40 CITY INFORMATION SYSTEMS 4,372,309.52 197,557.06 201,248.90 4,368,617.68 3,703,829.76 MATERIALS CONTROL 20,179.13 104,686.49 161,670.23 (36,804.61) 1,088.85 MANAGEMENT SERVICES 227,990.48 10,851.40 1,629.59 237,212.29 230,360.94 FLEET MANAGEMENT 1,523,690.78 240,864.98 104,551.20 1,660,004.56 659,688.98 PAYROLL (7,671,978.74) 9,144,297.17 14,473,350.10 (13,001,031.67) (11,837,495.46 RISK MANAGEMENT 10,710,368.60 240,787.93 465,995.48 10,485,161.05 10,185,665.13 HIGHER EDUCATION AUTH 7,096,703.83 36,702.37 7,371.51 7,126,034.69 5,441,199.12 PENSION 282,095.90 1,373,275.15 965,638.47 689,732.58 88,771.99 SCHOOL FUND 10,862,699.65 4,565,504.99 2,659,593.37 12,768,611.27 13,960,419.73 SCHOOL CAPITAL PROJECTS (6,331,148.74) 1,363,944.00 1,664,506.94 (6,631,711.68) (2,090,279.89)~ FDETC 24,915.02 211,798.25 221,798.66 14,914.61 122,929.33 GRANT 312,290.83 430,677.14 410,139.60 332,828.37 1,062,984.21! TOTAL $87,987,129.71 $52,996,969.33 $48,434,767.62 $92,549,33_1._4_2. _$92,524,265.53 ' 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 SEPTEMBER 30, 1999. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: OVERNIGHT INVESTMENT COMMERCIAL PAPER 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 $72,069.55 564,433.82 9,088,000.00 9,958,750.00 9,984,300.00 19,599,640.09 22,000,000.00 8,791,035.94 12,491,102.02 $92,549,331.42 DATE: OCTOBER 27, 1999 R. RICHARD HALE, CHIEF DEPUTY TREASURER 12 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 3 MONTHS ENDING SEPTEMBER 30, 1999 Revenue Contributions Investment Income Gain on Sale of Investments Bond Discount Amortization Total Revenue FY 2000 $945,762 780,807 15,373,300 9,215 $17,109,084 FY 1999 $1,078,049 771,817 866,793 7,347 $2,724,006 Pension Payments Fees for Professional Services Bond Premium Amortization Administrative Expense City Supplement to Age 65 Total Expenses Net Income $2,815,481 46,720 38,741 2,285 44,202 2,947,429 $14,161,655 $2,318,670 27,982 55,125 5,479 3,339 2,410,595 $313,411 13 CITY OF ROANOKE PENSION PLAN BALANCE SHEET SEPTEMBER 30, 1999 Assets Cash Investments: (market value: Due from Other Funds Other Assets Total Assets FY 2000 $323,033,579 FY 1999 $292,659,502) FY 2000 $689,683 255,011,281 13,339 18,000 $255,732,303 FY 1999 $83,412 227,875,726 3,326 18,000 $227,980,464 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 $954,750 2,104 956,854 240,613,794 14,161,655 254,775,449 $255,732,303 $776,201 817 777,018 226,890,035 313,411 227,203,446 $227,980,464 14 Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk November 4, 1999 File #53-60-217-467 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34553-110199 amending and reordaining certain sections of the 1999-2000 Capital Projects Fund and School Capital Projects Funds Appropriations, providing for appropriation of 1999 general obligation public improvement bonds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 1, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io James D. Ritchie, Sr., Acting City Manager Ann H. Allen, Manager, Accounting Services, Department of Finance Alicia F. Stone, Financial Systems Accountant, Department of Finance C:~MyFiles~nov I wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of November, 1999. No. 34553-110199. AN ORDINANCE to amend and reordain certain sections of the 1999-00 Capital Projects Fund and School Capital Projects Funds 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 1999-00 Capital Projects Fund and School Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Capital Projects Fund Appropriations Capital Improvement Reserve $ 30,618,517 Public Improvement Bonds - Series 1999 (1-8) ..................... 26,489,103 School Capital Proiects Fund Appropriations Capital Improvement Reserve $ 4,068,666 Public Improvement Bonds - Series 1999 (9) ....................... 4,068,666 1) Higher Education 2) Storm Drains 3) Johnson & Johnson 4) Economic Development 5) Parks 6) Buildings 7) Bridges (008-052-9709-9175) (008-052-9709-9176) (008-052-9709-9177) (008-052-9709-9178) (008-052-9709-9180) (008-052-9709-9183) (008-052-9709-9190) $ 2,500,000 2,285,000 7,600,000 2,675,000 4,738,000 5,317,000 2,238,412 8) Streets and Sidewalks 9) Schools (008-052-9709-9191 ) (031-060-9709-9182) $ 3,746,901 5,019,687 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. DEPARTMENT OF FINANCE CITY OF ROANOKE, VA. November 1, 1999 '99 aCT 28 0:37 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance Appropriation of 1999 Bond Funds The City's 1999 general obligation public improvement bonds have been issued, and the proceeds are available for appropriation. Funding of $31,100,313 needs to be appropriated to the Capital Projects Fund account "Public Improvement Bonds - Series 1999", and $5,019,687 needs to be appropriated to the School Capital Projects Fund account "Public Improvement Bonds - Series 1999". The bond funds will be accounted for in these accounts until City Council appropriates the funds to specific project accounts. We recommend that City Council appropriate these funds as follows: Capital Pro_iects Fund Series 1999A Bonds: Buildings Economic Development Parks Storm Drains Bridges Streets and Sidewalks 5,317,000 2,675,000 4,738,000 2,285,000 2,238,412 Sub-Total $21,000,313 Series 1999B Bonds: Roanoke Higher Education Center Johnson and Johnson Improvements $ 2,500,000 Total Capital Projects Fund School Capital Pro_iects Fund Series 1999A Bonds: Schools Grand Total 1_~ Honorable Mayor and Members of City Council November 1, 1999 Page 2 I would be pleased to answer any questions Council may have. D~/e/ctor of Finance JDG/AFS/pac Attachment C: James D. Ritchie, Acting City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Jesse A. Hall, Deputy Director of Finance Ann H. Allen, Manager of Accounting Services Alicia F. Stone, Financial Systems Accountant Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk November 5, 1999 File #132-326-468 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 1, 1999, Council Member W. Alvin Hudson, Jr., was appointed as the City's representative to a policy committee to discuss regional water issues, pursuant to a communication from the Roanoke Valley - Alleghany Regional Commission. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc~ The Honorable W. Alvin Hudson, Jr., 1956 Hope Road, S. W., Roanoke, Virginia 24018 Wayne G. Strickland, Executive Director, Roanoke Valley - Alleghany Regional Commission, 313 Luck Avenue, S. W., Roanoke, Virginia 24016 James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Jesse H. Perdue, Jr., Manager, Water Department C:\MyFilcs~nov I wpd Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk October 25, 1999 File #326-468 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: Your report with regard to a communication from Wayne G. Strickland, Executive Director, Fifth Planning District Commission, requesting the City's participation in regional water discussions by appointment of City representatives to a policy committee and a technical committee, was before the Council of the City of Roanoke at a regular meeting which was held on Wednesday, October 20, 1999. On motion, duly seconded and adopted, the report was tabled. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Wayne G. Strickland, Executive Director, Fifth Planning 313 Luck Avenue, S. W., Roanoke, Virginia 24016 James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Jesse H. Perdue, Jr., Manager, Water Department District Commission, C:~viyFilesXoct20 wpd RECEIVED ('ITY CL;'~c ~'- "- '99 DOT la 1'12:20 October 20, 1999 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Mayor Bowers recently reviewed with me the attached letter of September 3, 1999, from Mr. Wayne Strickland, 5th Planning District Commission Executive Director. City Council will need to make a decision as to whether or not the City will participate. Mr. Strickland has informed me that he would like to know the City's position and the names of our appointees by October 24 if we do choose to participate. The attached letter was written at the point in time when Carvins Cove Reservoir was at its all time Iow of 29.2 feet below spillway level. Since that time Council has approved an agreement with Roanoke County, has purchased water from the County, Salem and Vinton, and we have had sufficient rainfall to raise the water level to 18.2 feet below spillway overflow. I discussed this matter with other valley government chief administrators on September 30. All other administrators indicated their jurisdictions intend to participate in the Roanoke Valley water discussions. This is to recommend that Council appoint one or more representatives to each the Policy Committee and the Technical Committee of the 5th Planning District Commission for the purpose of providing a forum for discussion of water supply and distribution in the Roanoke Valley. Potential candidates for appointment to the committees are: Policy Committee: City Council Member Acting City Manager Acting Assistant City Manager Technical Committee: Director of Utilities & Operations Water Department Manager JDR:afm Attachment CC: Respectfully submitted, JaYmes D. Ritchie Acting City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Diane S. Akers, Acting Assistant City Manager Kit B. Kiser, Director of Utilities & Operations Jesse H. Perdue, Jr., Water Department Manager September 3, 1999 Mayor David A. Bowers Roanoke City Council 215 Church Avenue, SW Roanoke, Virginia 24011 Dear M-~wers: FIFTH PLANNING Fax: (540) 343-4416 E-mail: planfive@roanoke.infi.net http://www, roanoke.infi.net/~planfive DISTRICT COMMISSION 313 Luck Avenue, SW Post Office Box 2569 Roanoke, Virginia 24010 Phone: (540) 343-4417 Roanoke City is to be congratulated on its diligence in seeking a solution to water shortages caused by the drought. Your cooperation in working with other localities will surely help ease the situation in the short-term and it is sincerely hoped that a long-term solution is at hand. The Fifth Planning District Commission feels that this commendable level of regional cooperation has set the stage for further water discussions, and it is in this spirit that we are making the attached proposal. At its last meeting, the Commission asked me to contact Roanoke County, Botetourt County, Roanoke City, Salem, and Vinton to determine their interest in this proposal. We are offering to facilitate further regional water discussions by having these localities 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. The overall goal of this proposal is to build on existing cooperative water system activities in the V~iley while considering long-range issues related to water supply. , The PDC would like to know if your jurisdiction would be interested in participating in this effort and if you have any suggestions for improving the proposed format. Our Commission will meet again on September 23rd, so any cornments you have before that date would be appreciated. Sincerely, Wa~yne~21and Executive Director Attachment cc: ~r'. James Ritchie, Acting Roanoke City Manager Mr. J. Lee E. Osborne, Fifth PDC Chairman Serving Alleghany County, Botetourt County, Clifton Forge, Covington, Craig County, Roanoke City, Roanoke County, Salem, and the Town of Vinton Proposal for Roanoke Valley Water Discussions - September 2, 1999 At its August 26, 1999, meeting, the Fifth Planning District Commission (PDC) authorized its staff to contact local officials regarding participation in regional water discussions facilitated by the Fifth PDC. A proposedprocessfor regional discussions is outlined below. Purpose - To provide a regional forum for further discussion of water supply and distribution in the Roanoke Valley. This would build on existing cooperative water system activities in the Valley. Proposed Participants - Roanoke County, Botetourt County, Roanoke City, Salem, and Vinton. Procedure - If the above parties agree, each locality would appoint representatives to two committees - a governing committee to address Policy issues and an additional committee to address Technical issues. 1. The Policy Committee could: (a) Set the goals and guidelines for the work to be undertaken. (b) Instruct the Technical Committee as to information to be collected and technical advice to be prepared. (c) Draft proposals for future studies or actions. (d) Report back to each governing body for on-going input and final approval on proposed actions. 2. The Technical Committee (local engineering and water department personnel) could: (a) Provide details on interconnections of water systems, and cooperative efforts that are currently in place or have been agreed upon recently. (b) Review previous studies on water supply and distribution. (c) Examine any other technical issues assigned by the Policy Committee. (d) Assist the Policy Committee in making recommendations as appropriate. 3. If requested, the PDC could provide the following services as part of its regular work program: (a) Organize the process as outlined above. (b) Provide a meeting facility. (c) Provide a meeting facilitator and staff to take minutes at meetings. (d) Assist with water conservation education through Project Impact. Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk November 5, 1999 File #104 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Ordinance No. 34539-110199 establishing compensation for the City Manager in the amount of $130,000.00, for the fiscal year beginning July 1,1999. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 1, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: Ms. Darlene L. Burcham, 6601 Colonial Avenue, Norfolk, Virginia 23505 James D. Grisso, Director of Finance Kenneth S. Cronin, Manager, Personnel Management C:\MyFiles~nov I wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1999. No. 34539-110199. AN ORDINANCE establishing compensation for the City Manager for the fiscal .','ear beginning July 1, 1999; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. For the fiscal year beginning July 1, 1999 and ending June 30, 2000, and for succeeding fiscal years, unless modified by ordinance duly adopted by this Council, the annual salary of the City Manager shall be $130,000.00, payable on a bi-weekly basis. 2. This ordinance shall remain in effect until amended or repealed by ordinance duly adopted by City Council. 3. 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 adoption. ATTEST: City Clerk. H:\TEIvll~ssh\Ord-CtyMsr Sal WILLIAM M. HACKWORTH CITY AITORNEY CITY OF ROANOKE OFFICE OF CITY ATTORN~'Y C~.E~K~ 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW '1~ ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL: cityatty @ ci.roanoke.va.us October 26, 1999 27 ~]~LIAM X PARSONS A 8 .,,b~FEVEN j. TALEVI GARY E. TEGENKAMP ALLEN T. WILSON DAVID L. COLLINS ASSISTANT CITY A'VFORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: During the special meeting that Council held on October 25, 1999, Council adopted an ordinance establishing the compensation for the City Manager for the fiscal year beginning July 1, 1999. As prepared, that ordinance was proposed as an emergency measure. However, since it takes five members of Council to adopt an emergency ordinance, the ordinance was amended and adopted as a regular ordinance on a 4-2 vote. In reviewing the Roanoke City Charter, I find that only emergency ordinances, and not regular ordinances, can be adopted at special meetings of Council. In order to rectify this matter, Council has two choices. The first is to consider the ordinance once again as an emergency measure during your meeting on November 1, 1999. I have prepared and attached a proposed ordinance that will accomplish this. Of course, it will take five votes to pass such an ordinance as an emergency measure. Council's second choice is to adopt this matter as a regular ordinance, as opposed to an emergency ordinance, which could be done at your regular meeting on November 1, 1999, and on second reading on November 15. Please let me know if you have any questions about this matter. By copy of this letter, I am forwarding a copy of the emergency ordinance that I referenced above to the City Clerk for inclusion in your agenda package for your November 1 st meeting. With kindest personal regards, lam WMH/ssh Enclosure pc: James D. Ritchie, Acting City Manager James D. Grisso, Director of Finance Mary F. Parker, City Clerk H:\TEMPXsshXL-Mayor&Coun¢il6 Sincerely yours, William M. Hackworth City Attorney MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215Ch; .hAvenue. S.W., Room 456 Roanoke. Virginia 24011-1536 Telephone: 1540) 853-2541 Fax: 154()~853-1145 November 5, 1999 File #51 SANDRA H. EAKIN I)cpul.,, Cltx ('lcrk Richard L. Jones, AIA Jones & Jones Associates, Architects, P. C. 6120 Peters Creek Road, N. W. Roanoke, Virginia 24019 Dear Mr. Jones: lam enclosing copy of Ordinance No. 34532-110199 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 Family Residential District, to C-1, Office District, subject to the proffers contained in a petition filed in the City Clerk's Office on August 6, 1999. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Wednesday, October 20, 1999, also adopted by the Council on second reading on Monday, November 1, 1999, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: Madison Health Care Center, LLC, 4415 Pheasant Ridge Road, S. W., Roanoke, Virginia 24014 Madison Health Care Center, LC, c/o Smith Packett, Attor. P. Moore, 4656 Brambleton Avenue, S. W., Roanoke, Virginia 24018 Mr. Maurice L. Bowling, Sr., 4402 Old Rocky Mount Road, S. W., Roanoke, Virginia 24014 Food Lion, Inc., c/o Marvin F. Poer & Co., 1555 Wilson Blvd., Suite 504, Rosslyn, Virginia 22209 Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission C:SMyFile~\nov I wpd Richard L. Jones November 5, 1999 Page 2 pc: Ronald L. Smith, Acting Building Commissioner Charles M. Huffine, City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Ted Tucker, City Planner C:\MyFilcs~nov I .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1999. No. 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. WHEREAS, Pheasant Ridge Office Park, LLC, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Single Family Residential Dis.trict, to C-l, Office District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on October 20, 1999, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1- 3, Code of the City of Roanoke (1979), as amended, and Sheet No.547 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain 0.35-acre tract of land located at 4416 Old Rocky Mount Road, S.W., and designated on Sheet No. 547 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 5470122, be, and is hereby rezoned from RS-3, Single Family Residential District, to C-l, Office District, subject to the proffer contained in the Petition filed in the Office of the City Clerk on August 6, 1999, and that Sheet No. 547 of the Zone Map be changed in this respect. ATTEST: City Clerk. H:\ORD-RF.,Z\O-REZ-PHEASANT-99 RECEIVED CITY ~'R ~ OFF1C CL.,. Roanoke City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 October 20, 1999 The Honorable Mayor and Members of City Council Roanoke, Virginia II. Dear Mayor and Members of Council: Subject: I. Background: Request fi.om Pheasant Ridge Office Park, LLC, represented by Richard L. Jones, Jr., agent, that a portion of Official Tax Number 5470122, containing 0.28 acres, more or less, and located at 4416 Old Rocky Mount Road, S. W., be rezoned from RS-3, Single Family Residential District, to C-l, Office District, such rezoning to be subject to certain conditions proffered by the petitioner. Pheasant Ridge Development on adjacent property_ was the subject of a previous conditional rezoning fi.om RM-2 to C-1 in 1996 for development of an elderly nursing facility and independent living facilities. Facilities are still under construction, with some being completed. Pheasant Ridge Office Park, LLC, has a contract to purchase the above portion o F Official Tax Number 5470122. in order to provide for an improved parking lot and walking trail design. Petition to rezone portion of subject property was filed on 8/6/99. Proffered condition of the rezoning request is as follows: "That the property will be developed in substantial conformity with the site plan prepared by Jones & Jones Associates, Architects, PC, dated 30 July 1999, 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." Planning Commission public hearing was held on September 1, 1999. Mr. Richard Jones, Jr., architect with Jones and Jones, appeared before the Commission and presented the rezoning request. There was no one present in opposition to the request. Issues: A. Zoning. B. Land Use. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Members of Council Page 2 C. Neighborhood organization and impact. D. Comprehensive Plan. III. Altematives: A. City Council approve the rezoning request. Zoning of the subject property is RS-3. Zoning would be changed to C-I, which is consistent with the existing use and zoning of the property. Land use of the property is addressed by the proffered condition which specifies the development of the property (parking, trail, and buffer). The development is consistent with the conditions of the previous rezoning. Neighborhood organization is Southern Hills Neighborhood Association, which is not formally active or associated with the Roanoke Neighborhood Partnership. Group has been notified of this rezoning request, but we have not received any comments. The proposed rezoning will not adversely affect the neighborhood - it will enhance the design of an already permitted facility. Adjacent residential property will continue to be buffered. Comprehensive Plan recommends that neighborhood character and environmental quality should be protected. Changes in land use or new development in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. The proposed development would be consistent with the Comprehensive Plan. B. Ci_ty Council deny the rezoning request. 1. Zoning would remain RS-3. 2. Land use would be limited to only those uses permitted in the RS-3 zon6~ 3. Neighborhood organization and impact would not be an issueJ 4. Comprehensive Plan could be followed IV. Recommendation: Planning Commission, by a vote of 4-0-1 (Messrs. Butler and Hill absent, and Mr. Rife abstaining) recommend approval of the rezoning request. The proposed development of the subject property is reasonable and is consistent with the previous conditional rezoning for the adjacent property. The revised parking lot and walking trail with landscaped buffer will assist the developer in constructing a better project. Members of Council Page 3 :ESL attachments cc: Assistant City Attorney Petitioner Respectfully submitted, Barbara N. Duerl~, Roanoke City Planning Commission 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezcaing of approximately 0.28 acre tract of land ideaGfied as a portico of Tax Map #5470122 and locmed at 4416 Old Rocky Mount Road such rezoning to be subject to certain ccoditicos. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petiticoer, Pheasant Ridge Office Park LLC, 4415 Pheasant Ridge Road, has a ccotract to purchase a 0.28 portion of property located at 4416 Old Rocky Mount Road and identified further as a portico of official city tax ~5470122 A map of the property to be z~ed is attached as Exhibit "A". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezceed from RS-3 Single Family Residmfial District to C 1 Office District, subject to certain condi~cos set forth below, for the purpose of expanding an existing walking trail and parking area. The Pe611coer believes the rezcoing of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will allow for increased recreaticoal use of the property, more efficient parking and maintain the commercial/residential buffer. The Pelificoer hereby proffers and agrees that if the said tract is rezcoed as requested, that the rezcoing will be subject to, and that the Petitioner will abide by, the following conditions: 1. That the property will be developed in substau--- Gal ccoformity with the sito plan prepared by Jones & Jones Associates, Archite~ PC, dated 30 July 1999, a copy of which is attached to the Pelitico for ~g as Exhibit "B", subject to any changes required by the City during site plan review. A~ached as Exhibit "C" are the names, addresses and tax numbers of the owner or owners of all tots- or property immediately adjacent to immediately across a street or road from the property to be WHEREFORE, the Petitioner requests that the above described tract be re, coed as required in accordance with the provisions of the Zoning Ordin~_~ce of the City of Roanoke. Respoctfuliy submitted this Sixth day of' August, 1999. BY: ~ Address and telephone number of agent. Richani L. $coes, Jr. Jcoes & Jones Associates, Architects PC 6120 Peters Creek Road Roanoke, Virginia 24O 19 (540) 366-3335 P- U. E. ~,~,. ~ 7.33 54.0 5~,70l,~ 7 -93 Q.A.R 2.17.86 Z7 P,~.A. LO~ ~e 5470127 LOT &C \\.~ LOT I L96 LOT e e.$ 6 4C. / / ) · // / : / // I' ' - / / // n / / / - f:/ ,' / ,- 7 / / // //~//////' .' / / / /' x"~o _-'""~,, ,/,~" ' / / II BUILDIN~ OFFIGE JTAX MAP # .~l.'fOI2~i J ITAX HAP # .~."1'012""/ / / ,/ / / / / / / ,/ / / ~ EXISTIN~ BJFF~ TO t~ I,,IOPlI=IED ABIODIA'rI! AIIDHI'I'ID'rB PHEASANT OFFICE PARK ROANOKE, VIROINIA # 54:'1OI22 J EXISTINS, ,,542'--0" I~IJFJ=ER --~ RIDGE 'LAN JTAX MAP -- I,%N.F. IN~ 'mAIL # 548,OIOI j PHEASANT RIDGE OFFICE PARK LLC ADJOINING PROPERTY OWNERS EXI-l~IT "C" 5460130 Madison Health Care Center LLC 4415 Pheasant Ridge Road Roanoke, Virginia 24014 5470122 Maurice L. & Joyce F. Bowling 4416 Old Rocky Mount Road Roanoke, Virginia 24014 5470129 Pheasant Ridge Office Park LLC 4415 Pheasant Ridge Road Roanoke, Virginia 24014 M. L. Bowling 4416 Old Rocky Mountl~ Roanoke, Vlrglnla'C~ 24014 To whom it may concern: Please be advised that Madison Health Care Center, LLC and its represcnta~ivei have my permission to petition the City of Roanoke for rezoning the +/- .35 acre tract on the aftached plat prepared by lones & Jones Associates, Should you have any questions regarding this please feel t~ee to call me at 776-096I. M.L. Bowling attachment 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 September 29, 1999 SANDRA H. EAKIN Deputy City Clerk File #51 Richard L. Jones, AIA Jones & Jones Associates, Architects, P. C. 6120 Peters Creek Road, N. W. Roanoke, Virginia 24019 Dear Mr. Jones: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Wednesday, October 20, 1999, at 7:00 · p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., 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-l, Office District, subject to a certain proffered condition. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance, and a report of the City Planning Commission with regard to the matter. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Community Development at 853-2344. It will be necessary for you, or your representative, to be present at the October 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. SHE:lo Sincerely, Sandra H. Eakin Deputy City Clerk Enclosure 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 September 29, 1999 File #51 SANDRA H. EAKIN Deputy City Clerk Madison Health Care Center, LLC Madison Health Care Center, LC c/o Smith Packett, Attorney, P. Moore Mr. Maurice L. Bowling, Sr. Pheasant Ridge Office Park, LLC Food Lion, Inc. c/o Marvin F. Poet & Co. Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Wednesday, October 20, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., 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-l, Office District, subject to a certain proffered condition. The City Planning Commission is recommending approval of the abovedescribed request for rezoning. This letter is prOvided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Community Development at 853-2344. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Ad Number: 1260685 Publisher's Fee: $136.90 JONES & JONES ASSOCIATES 6120 PETERS CREEK RD ROANOKE, VA 24019 The Roanoke Times RECEIVED CI'FY ~'' ~'~'-' DOT 18 P1:28 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, 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: 10/01/99 FULL RUN - Friday 10/07/99 FULL RUN - Thursday Witness, this 14th day of October 1999 ' ~orized Signature Article VII of Chapter 36.1, Code of the C~ty of Roan~a (1979), as amended, t~e Court- hold u Public Hearing on wedm/ay, October 20, ~999; at 7:00 p.m., In the Cour~ll Chamber In the Municipal Bu~din& 215 Chlm3h Avenue, S.W., on Ihe quest~o~ of re,or> lng from RS-3, Sin~e Family Re,dec,iai District, to Mnd Mcied at 4416 OM Rocky Mouat Road, S.W., being o par. 5470122, subject to a certain ~ un~ef my hand .~his ~ F. ~, Ci~ C~e~. NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Wednesday, October 20, 1999, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RS-3, Single Family Residential District, to C-1, Office District, the following property: That certain 0.28-acre tract of land located at 4416 Old Rocky Mount Road, S.W., being a portion of Official Tax Map No. 5470122, subject to a certain proffered condition. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this lst day of October , 19 99. Mary F. Parker, City Clerk. H:\NOTICE~I-PHEASANT-99 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA C~1¥ C, LE~S PERTAINING TO THE REZONING REQUEST OF: '99 ~ 2'~ ~ 4 ;08 Request from Pheasant Ridge Office Park, LLC, to rezone property at ) 4415 Pheasant Ridge Road, S.W., pt. of Official Tax No. 5470122 from ) AFFIDAVIT RS-3 to C-1, conditional ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 23rd day of August, 1999, notices of a public heating to be held on the 1 st day of September, 1999, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 5460130 Owner's Name Madison Health Care Center, LLC Mailing Address 4415 Pheasant Ridge Road Roanoke, VA 24014 5460101 Madison Health Care Center, LC c/o Smith Packett, Attor. P. Moore 4656 Brambleton Avenue, SW Roanoke, VA 24018 5470121 5470122 Maudce L. Bowling, Sr. 4402 Old Rocky Mount Road Roanoke, VA 24014 4416 Old Rocky Mount Road Roanoke, VA 24014 5470129 Pheasant Ridge Office Park, LLC 4415 Pheasant Ridge Road Roanoke, VA 24014 5470127 Food Lion, Inc. c/o Marvin F. Poer & Co. Martha Pace Franklin 1555 Wilson Blvd., Suite 504 Rosslyn, VA 22209 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 23ra day of August, 1999. Notary Public My Commission expires: c¢00 / RECEIVED CITY CLERKS OFF)CE NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION 10 P 1:00 TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, September 1, 1999, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W. on the following: Request from Pheasant Ridge Office Park, LLC, represented by Richard L. Jones, Jr., agent, that a portion of Official Tax No. 5470122, containing 0.28 acres, more or less, and located at 4416 Old Rocky Mount Road, S.W., be rezoned from RS-3, Single Family Residential District, to C-1, Office District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Department of Planning and Community Development, Room 166, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please prim in newspaper on Tuesday, August 17, 1999 and August 24, 1999 Please bill: Richard L. Jones, Jr. Jones & Jones Associates, Architects 6120 Peters Creek Road Roanoke, VA 24019 (540) 366-3335 and send affidavit of publication to: Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) 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 August 16, 1999 File #51 SANDRA H. EAKIN Deputy City Clerk Barbara N. Duerk, Chair City Planning Commission 2607 Rosalind Avenue, S. VV. Roanoke, Virginia 24014 Dear Ms. Duerk: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition received in the City Clerk's Office on August 6, 1999, from Richard L. Jones, Jr., AIA, representing Pheasant Ridge Office Park, LLC, requesting 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. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Richard L. Jones, Jr., AIA, Jones & Jones Associates, Architects PC, 6120 Peters Creek Road, N. W., Roanoke, Virginia 24019 Evelyn S. Lander, Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner H:~REZONING.g8~,PHEASANT. WPD JONES & JONES ASSOC 4 August 1999 City of Roanoke Depa,Unent of Planning and Community Development 215 Church Avenue SW Roanoke, Virginia, 24011 RE: Pheasant Ridge Office Park LLC Please find enclosed a rezeaing pt/ition for the above roformc~ project. The purpose of this zoning request is to allow the extension of the walking trail around the total Pheasant Ridge Development and the expansion of the parking area for office building "B". The conceptual plan indicates the modification of the fifty foot wide buffer to maintain the residential/commercial separation. If any further informatioo is required, please do not hesitate to call upon me. Very truly yours, & JONES JONES IATES, ARCIHTECTS PC RLJjr/bj Enclosures 6120 PETERS CREEK ROAD TELEPHONE 540 366-3335 · ROANOKE, VIRGINIA, 24019 · FACSIMILE 540 366-3613 MARY E PARKER. CMC/AAE Cit.',' Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church AYenue. S.W. Room 456 Roanoke. Virginia 24011-1536, Telephone: i5401 853-2541 Fax: 1540) 853-1145 SANDRA H. EAKIN I)cput), ('il5 ('lc~k November 5, 1999 File #51 Jerry W. Grubb, Sr., President Townside Construction Co., Inc. 711 5th Street, N. E. Roanoke, Virginia 24016 Dear Mr. Grubb: I am enclosing copy of Ordinance No. 34533-110199 amending certain conditions presently binding upon property located at 3230 Cove Road, N. W., which property was previously conditionally rezoned to C-2, General Commercial District, pursuant to Ordinance No. 32865-040196, said amendments to reflect the changes in proffered conditions are 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. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Wednesday, October 20, 1999, also adopted by the Council on second reading on Monday, November 1, 1999, and will be in full force and effect ten days following the date of its second reading. MFP:Io Enclosure pc: Sincerely, Mary F. Parker, CMC/AAE City Clerk MKS Associates, c/o Beard Development Corp., 1076 Thomas Jefferson Street, N. W., Washington, D. C. 24000 Mr. and Mrs. RObert W. Barbour, 3226 Cove Road, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Marvin L. Mills, 1532 Guildhall Avenue, N. W., Roanoke, Virginia 24017 C \MyFiles\nov I ~ Jerry W. Grubb, Sr. November 5, 1999 Page 2 pc: Mr. and Mrs. Michael A. Barber, 1522 Guildhall Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Gene E. Williams, 1516 Guildhall Avenue, N. W., Roanoke, Virginia 24017 Mr. Lee C. Hartman, 665 Diamond Road, Salem, Virginia 24153 Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Charles M. Huffine, City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Ted Tucker, City Planner C \MyFile$~novl wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1999. No. 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. WHEREAS, Lee Hartman & Sons, Inc., filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land containing 0.434-acre located at 3230 Cove Road, N.W., and designated as Official Tax No. 2560134, which property was previously conditionally rezoned by the adoption of Ordinance No. 32865-040196, adopted April 1, 1996; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on October 20, 1999, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which heating all parties in interest and citizens were given an amendment; and WHEREAS, this recommendation made opportunity to be heard, both for and against the proposed Council, after considering the aforesaid application, the to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon a tract of land containing 0.434-acre and located at 3230 Cove Road, N.W., and designated as Official Tax No. 2560134, and the matters presented at the public hearing, should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 256 of the Sectional 1976 Zone Map, City of Roanoke, 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 the report of the Planning Commission dated October 20, 1999. ATTEST: City Clerk. H:\ORD-RF..Z\OAP-HARTMAN- 10-20-99 RECEIVED CITY °' c~,.~o ~c.r ' 9 · m nOT-7 A9.2,_ Roanoke City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 October 20, 1999 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Lee Hartman & Sons, Inc., that a proffered condition pertaining to the rezoning of property located at 3230 Cove Road, N.W., Official Tax No. 2560134, be amended. I. Background: 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. The only condition on the property was as follows: "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." Bo Applicant desires to construct a warehouse not to exceed 4,000 square feet in size, which is not consistent with approved proffered development plan which shows a warehouse of 1,000 square feet. Co Applicant filed a petition on September 9, 1999, requesting an amendment to the proffered condition approved under 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." Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Members of the Council Page 2 II. Current Situation: Planning Commission public heating was held on October 6, 1999. There was no one present who spoke in opposition to or in support of the request. After consideration of the request, the Commission voted unanimously to recommend approval of the requested amendment to the proffered condition. III. Issues: mo B. C. D. IV. Zoning. Land use. Neighborhood impact. Comprehensive plan. Alternatives: A. Approve the request to amend proffered conditions. 1. Zoning condition is amended. 2. Land use of the property will be up to a 4,000 square foot warehouse. Neighborhood impact will be buffered by landscaping. Applicant will be required to provide a landscaped buffer screen, a minimum of ten feet wide, which provides a dense, year-round visual and noise obstruction not less than six feet in height. 4. Comprehensive plan recommends that: ao Development of commercial areas should be carefully planned and designed to promote quality development and good land use. Controls to ensure that new or expanded commercial developments and good neighbors should be carefully evaluated. Neighborhood character and environmental quality should be protected. B. Deny the request to amend proffered condition. Zoning remains C-2 conditional with existing proffered condition limiting the development of the property for one 1,000 square foot warehouse. Members of the Council Page 3 Land use remains unchanged. Property owner can still construct a 1,000 square foot warehouse. 3. Neighborhood impact would not be an issue. 4. Comprehensive plan could be followed. V. Recommendation: By a vote of 5-0 (Messrs. Chfisman and Hill absent) the Planning Commission recommended approval of the request to amend the proffered condition. The amended request is reasonable and similar to the initial request for expanding the existing commercial development. Staff believes that the required landscaping will sufficiently buffer adjoining residential properties. Respectfully submitted, Barbara N. Duerk, Chairman Roanoke City Planning Commission ESL:mpf attachments cc: Assistant City Attorney Petitioner RECEIVED CITY CLER!<.S OFFICE IN THE COUNCIL OF THE CITY OF ROANOKE, V~G~r~ P2:27 IN RE: Request of Lee Fgartman & Sons~ Inc. to amend Proffers previously adopted relating to the rezoning of approximately 0.434 acres~ Official Tax No. 2560134 located at 3230 Cove Road. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Lee Hartman & Sons, Inc., owns land in the City of Roanoke containing 1.4 acres, more or less, located at 3230 Cove Road., a portion of said property containing 0.434 acre having been conditionally rezoned to C-2, by Ordinance #32865-040196 and dated 4/1/96. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the proffer relating to the hereinafter described property, identified as a portion of Official Tax number 2560134, by amended as hereinafter set out, said property being described on Exhibit The Petitioner believes the amendment of the Proffer relating to said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide an appropriate location for an appropriate commercial use. The petitioner is requesting that Proffer #1 approved and adopted as part of Ordinance #32865-010196 be amended to read as follows: 1. 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. Attached as Exhibit "C" are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road for the subject property. WHEREFORE, the Petitioner request that the Proffer heretofore adopted by Roanoke City Council relating to the subject property be amended to provide that the former Proffer #1 be deleted and that a new Proffer #1 as set out above be adopted, all of the above in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 9th day September, 1999. Lc~.~f__~artman & Sgns, Inc. c-x Lee C. Hartman, Jr., President 3230 Cove Rd. Roanoke, Va. 24017 Respectfully submitted, . I~r'ffer' s Agent Jerry W. Grubb, Sr. Townside Construction Co., Inc. 711 5th Street N.E. Roanoke, Va. 24016 (540) 343-3500 :,,/' 7 ............ ./" o /~ /¢a7 %'C ..o..~. ijp~ t~ ~oo ,® i I I ! I I I i PROPO~-D¢ BUILDING >1 EXHIBIT C Tax Map ~256010~, 3260 Cove Rd., NW, MKS Assoc.,c/o Beard Development Corp., 1076 Thomas Jefferson St NW, Washington D C 24000 '' , Tax Map #2560110, 3226 Cove Rd., NW, Robert W. & Peggy A. Barbour, 3226 Cove Rd., NW, Roanoke, VA 24017 Tax Map #2560112, 1532 Guildhall Ave., NW, Marvin L. & Jean H. Mills, 1532 Guildhall Ave., NW, Roanoke, VA 24017 Tax Map #2560113, 1522 Guildhall Ave., NW, Michael A. & Lenoia A. Barber, 1522 Guildhall Ave., NW, Roanoke, VA 24017 Tax Map #2560114, 1516 Guildhall Av~, NW, Gene E. & Wanda K. Williams, 1516 Guildhall Ave., NW, Roanoke, VA 24017 Tax Map #2560133, 3236 Cove Rd., NW, Lee C. Hartman, 665 Diamond Rd., Salem, VA 24153 TRX~T ',4' O. 9,5*9 Re 3 25d, 6 I0 ~ 3.7' Proposed Change -, 0xxO in Condition q? o~~' NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Heating on Wednesday, October 20, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of amending proffered conditions presently binding upon a tract of land containing 0.434-acre located at 3230 Cove Road, N.W., and designated as Official Tax No. 2560134, as set forth in Ordinance No. 32865-040196, adopted April 1, 1996. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this ~ day of ., 1999. Mary F. Parker, City Clerk. H ~qOTICE\NAP-HARTMAN- 10-20-99 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 September 29, 1999 File #51 SANDRA H. EAKIN Deputy City Clerk Jerry W. Grubb, Sr., President Townside Construction Co., Inc. 711 5th Street, N. E. Roanoke, Virginia 24016 Dear Mr. Gmbb: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Wednesday, October 20, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., 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. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission will follow. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. It will be necessary for you, or your representative, to be present at the October 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Enclosure 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 September 29, 1999 File #51 SANDRA H. EAKIN Deputy City Clerk MKS Association c/o Beard Development Corp. Mr. and Mrs. Robert W. Barbour Mr. and Mrs. Marvin L. Mills Mr. and Mrs. Michael A. Barber Mr. and Mrs. Gene E. Williams Mr. Lee C. Hartman Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Wednesday, October 20, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., 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. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Community Development at 853-2344. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo The Roanoke Times Ad Number: 1263037 Publisher's Fee: $129.50 TOWNSIDE CONSTRUCTION IN 711 5TH ST NE ROANOKE, VA 24016 RECEIVED CITY CLERKS ~' OOT 18 P1:27 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, 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: 10/04/99 FULL RUN - Monday 10/11/99 FULL RUN - Monday Witness, this 14th day of October 1999 ' ~thor i zed Signature NO~ICE OF PUBUC HEARING TO WHOM IT MAY CONCERN: ,'me Council of the C~J bf Roanoke will hold a Public Hearing on Wednesday, Octo- hor 20, 1999, at 7:00 p.m., or as soon thereatter as the mat- ter may be hamd, In the Coun- cil Chamber in the Municipal 8ulldin~, 215 Church Avenue, S.W. on the question of amending proffered conditions presentty binding upon a t~act of land containing 0.43~4-acre located at 3230 Cove Road, N.W., al~d designated as Offi- cial Tax No. 2560134, as set forth in Ordinance No. 32865- 040196, adopted April 1, 1996. A copy of this proposal is available for public inspectioe in the Office of the City Clerk, All parties in interest may appear on ,the above date and be haard on the question. GIVEN under, my hand this 4th Mmy F: Pad.r, NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will 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 Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of amending proffered conditions presently binding upon a tract of land containing 0.434-acre located at 3230 Cove Road, N.W., and designated as Official Tax No. 2560134, as set forth in Ordinance No. 32865-040196, adopted April 1, 1996. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 4th day of October ., 1999. Mary F. Parker, City Clerk. H:\NOTICEhNAP-HARTMAN- 10.20.99 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 September 15, 1999 File #51 SANDRA H. EAKIN Deputy City Clerk Barbara N. Duerk, Chair City Planning Commission 2607 Rosalind Avenue, S. W. Roanoke, Virginia 24014 Dear Ms. Duerk: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition received in the City Clerk's Office on September 9, 1999, from Lee Hartman & Sons, Inc., requesting amendment to 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. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Lee C. Hartman, Jr., President, Lee Hartman & Sons, Inc., 3230 Cove Road, N. W., Roanoke, Virginia 24017 Evelyn S. Lander, Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner H:\REZONING.98~adman.w13d RECEIVED CITY CLER~.S OFFICE PETITION TO AMEND PROFFERS IN THE COUNCIL OF THE CITY OF ROANOKE, P2:27 IN RE: Request of Lee Hartman & Sons, Inc., to amend Proffers previously adopted relating to the rezoning of approximately 0.434 acres, Official Tax No. 2560134 located at 3230 Cove Road. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE' The Petitioner, Lee Hartman & Sons, Inc., owns land in the City of Roanoke containing 1.4 acres, more or less, located at 3230 Cove Road., a portion of said property containing 0.434 acre having been conditionally rezoned to C-2, by Ordinance #32865-040196 and dated 4/1/96. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the proffer relating to the hereinafter described property, identified as a portion of Official Tax number 2560134, by amended as hereinafter set out, said property being described on Exhibit "A 99 * The Petitioner believes the amendment of the Proffer relating to said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide an appropriate location for an appropriate commercial use. The petitioner is requesting that Proffer #1 approved and adopted as part of Ordinance #32.865-010196 be amended to read as follows: 1. 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. Attached as Exhibit "C" are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road for the subject property. WltEREFORE, the Petitioner request that the Proffer heretofore adopted by Roanoke City Council relating to the subject property be amended to provide that the former Proffer #1 be deleted and that a new Proffer #1 as set out above be adopted, all of the above in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 9th day September, 1999. Lc~_~___artman & Sons, Inc. c-~ Lee C. Hartman, Jr., President 3230 Cove Rd. Roanoke, Va. 24017 Respectfully submitted, Ow'fiefs Agent Jerry W. Grubb, Sr. Townside Construction Co., Inc. 711 5th Street N.E. Roanoke, Va. 24016 (540) 343-3500 [ / I EXHIBIT C Tax MaD #256010~, 3260 Cove Rd., NW, MKS Assoc.,c/o Beard Development Corp., 1076 Thomas Jefferson St , NW, Washington, D.C 24000 · Tax Map #256011Q, 3226 Cove Rd., NW, Robert W. & Peggy A. Barbour, 3226 Cove Rd., NW, Roanoke, VA 24017 Tax Map #2560112, 1532 Guildhall Ave., NW, Marvin L. & Jean H. Mills, 1532 Guildhall Ave., NW, Roanoke, VA 24017 Tax Map #2560112, 1522 Guildhall Ave., NW, Michael A. & Lenoia A Barber, 1522 Guildhall Ave., NW, Roanoke, VA 24017 ' Tax MaD #2560114, 1516 Guildhall Ave~, NW, Gene E. & Wanda K. Williams, 1516 Guildhall Ave., NW, Roanoke, VA 24017 ~ax MaD #2560133, 3236 Cove Rd., NW, Lee C. Hartman, 665 Diamond Rd., Salem, VA 24153 Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk November 5, 1999 File #67-373-401 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Ordinance No. 34534-110199 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. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Wednesday, October 20, 1999, also adopted by the Council on second reading on Monday, November 1, 1999, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: Larry Dyer, President and General Manager, Blue Ridge Public Television, 1215 McNeil Drive, S. W., Roanoke, Virginia 24015 Nancy Reynolds, Attorney, Frith, Anderson & Peak, P. O. Box 24139, Roanoke, Virginia 24018-0505 Mr. Blair F. Fulton, 4349 Garst Mill Road, S. W., Apartment C, Roanoke, Virginia 24018-6202 Dennis P. Brumberg, Attorney, Brumberg, Mackey & Wall, P. O. Box 2470, Roanoke, Virginia 24010 Kit B. Kiser, Director, Utilities and Operations George C. Snead, Jr., Director, Public Safety C ~MyFiles~novl wlx[ IN THECOUNCILOF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1999. No. 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. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Managerand City Clerk are authorized to execute and attest, respectively, a lease with Blue Ridge Public Television, leasing to said organization for public television broadcasting purposes and related uses, five acres of City-owned property, along with a fifty foot right-of-way for a road, in Fishbum Park for a term of five years at the rate of $1.00 per year, upon terms and conditions deemed appropriate by the City Manager. Such lease which shall commence November 11, 1999, shall contain provisions which are substantially similar to the April 15, 1966, lease of such property to Blue Ridge ETV Association. 2. The form of the lease shall be approved by the City Attorney. 3. Blue Ridge Public Television hereby acknowledges a contribution fi.om the City of $6,000.00 per month, the fair market rental value of the property. ATTEST: H:hMEASURE~I~tv City Clerk. Ad Number: 1269938 Publisher's Fee: $70.30 ROANOKE CITY CLERK'S OFF ATT: MARY PARKER, CLERK 215 CHURCH AVE SW RM 456 ROANOKE, VA 24011-1536 The Roanoke Times RECEIVED L:ITY CLERKS OFFtC~. 'F) BT 18 P1:27 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, 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: 10/12/99 FULL RUN - Tuesday Witness, this 14th day of October 1999 ~u~zed Signature Expires May 31, 2001 NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease a 5.0 acre parcel of land located in Fishbum Park and shown on Plan No. 4982 on file in the Office of the City Engineer, 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 (5) years. 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 Wednesday, October 20, 1999, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Citizens shall have the opportunity to be heard and express their opinion on said matter. GIVEN under my hand this 12 thday of October, 1999. Mary F. Parker, City Clerk Note to Publisher: Please publish once in The Roanoke Times on Tuesday, October 12, 1999. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 I:LX-BRTVPubHrgNot WILLIAM M. HACKWORTFI CITY OF ROANOKE OFFICE OF CITY ATrORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL: cityatty~ci.roanoke.va.us RECEIVED CITY CLcRK~ OFFIC.:'_: WILLIAM X PARSONS ALLEN T. WILSON DAVID L. COLLINS ASSISTANT CITY ATTORNEYS October 20, 1999 The Honorable Mayor and Members of City Council Roanoke, Virginia Public Hearing on Proposed Lease of Five Acres of Fishbum Park to Blue Ridge Public Television Dear Mayor Bowers and Council Members: On your agenda tonight is a public hearing concerning the City's proposal to lease five acres of Fishbum Park to Blue Ridge Public Television (BRPTV), along with a right-of-way for a road to the property. This parcel of land (Parcel) is currently being used by BRPTV for its offices and studios. The Parcel has been used by BRPTV since 1966 when the organization first entered into a lease with the City. Approximately one-half of the Parcel was part of a twenty-seven acre piece of property obtained from Blair J. Fishburn. The entire acreage received from Mr. Fishbum comprises a substantial part of Fishbum Park. One of the conditions in the deed from Mr. Fishbum provided that if the property was not used for a public park at all, the property would revert to Mr. Fishbum. Prior to this death, Mr. Fishburn assigned this right of reverter to various nieces and a nephew (Assignees). When the 1966 lease to BRPTV was authorized, these persons consented to the.lease. In 1996, City Council authorized a five year lease of the parcel to BRPTV with a proviso that the Fishbum Assignees consent to the lease. Thus far, the Assignees have refused to do so. The lease from Mr. Fishbum does not require that the consent of the Fishbum Assignees be obtained, and I am aware of no other legal requirement for this consent. Accordingly, the City Manager and I recommend that Council give favorable consideration to the request of BRPTV to enter into a five-year lease at this time which is not subject to the concurrence of the Assignees. Incidentally, it is anticipated that BRPTV may seek a longer term lease in the near furore. Before any lease of over five years may be authorized by City Council, there must be public advertisement for four weeks and the receipt of bids for the leasehold 'interest. The Honorable Mayor and Members Roanoke City Council October 13, 1999 Page 2 Attached for your consideration is an ordinance authorizing a lease of the Parcel to BRPTV. If you should have any questions about this matter, please feel free to contact me. Very truly yours, William M. Hackworth City Attorney WXP/lsc c: James D. Ritchie, Acting City Manager Mary F. Parker, City Clerk Kit B. Kiser, Director of Utilities and Operations George C. Snead, Jr., Director Public Safety Larry Dyer, Presidem and General Manager, Blue Ridge Public Television Nancy Reynolds, Esquire, Attomey for Blue Ridge Public Television Mr. Blair F. Fulton, Assignee of Blair J. Fishbum Dennis Brumberg, Esquire, Attorney for Assignees of Blair J. Fishbum Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk November 5, 1999 File #28-468 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Ordinance No. 34535-110199 authorizing execution of a deed granting a permanent non-exclusive easement across City-owned property, located in the Carvins Cove Watershed in Roanoke County, bearing Official Tax No. 9.00-1-21 for access to adjoining property owned by Norma Jean Sigmon, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Wednesday, October 20, 1999, also adopted by the Council on second reading on Monday, November 1, 1999, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: Ms. Norma Jean Sigmon, 3 Aspen Drive, Daleville, Virginia 24083 Michael K. Smeltzer, Esq., Woods, Rogers & Hazlegrove, PLC, P. O. Box 14125, Roanoke, Virginia 24038-4125 Robert K. Bengtson, Acting Director, Public Works Kit B. Kiser, Director, Utilities and Operations Jesse H. Perdue, Jr., Manager, Water Department Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator C:kMyFilcs~nov I .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of November, 1999. No. 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. WHEREAS, a public hearing was held on October 20, 1999, pursuant to § § 15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which heating all parties in interest and citizens were afforded an oppommity to be heard on said conveyance. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager, or his designee, and the City Clerk, are hereby authorized to execute and attest, respectively, a Deed granting a permanent non-exclusive easement across City-owned property, located in Roanoke County and beating Official Tax Map No. 9.00-1-21 for access to adjoining property owned by Norma Jean Sigmon, as shown on the survey attached to the report of the Water Resources Committee dated October 4, 1999, said deed to be in form approved by the City Attorney. ATTEST: City Clerk. H:\ORD-GEbAOE-DLC-CCWATER-SIGMON- 10-20-99 The Roanoke Times Ad Number: 1267680 Publisher's Fee: $82.46 ROANOKE CITY CLERK'S OFF ATT: MARY PARKER, CLERK 215 CHURCH AVE SW RM 456 ROANOKE, VA 24011-1536 RECEIVEO CITY CLERKS OCT 18 P1:28 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, 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: 10/10/99 FULL RUN - Sunday 10/10/99 FULL RUN - Sunday Witness, this 14th day of October 1999 '~zed Signature ~NO1]C~E o~F PUBUC HEARING ~, ~e (1~), ~ ~ce is he.by Church av~...~ 215 [report from ~- ...~ a (~) ~-2~ ~ ~ ~ --' "~, 1~. Manj F. Pad(er (1267680i . ~ ~ j / NOTICE OF PUBLIC HEARING The City of Roanoke proposes to grant a 25 foot wide access easement across City- owned property at Carvins Cove Watershed. 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 October 20, 1999, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Vkginia. Further information in the form of a report from the Water Resources Committee dated October 4, 1999 is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the oppommity to be heard and express their opinions on said matter. GIVEN under my hand this 10th day of October ,, 1999. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, October 10,1999. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk November 5, 1999 File #20-28-386-468 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Ordinance No. 34536-110199 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 to Bell Atlantic-Virginia, for the purpose of relocating their underground conduit for the Brambleton/Overland Signalization Project, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Wednesday, October 20, 1999, also adopted by the Council on second reading on Monday, November 1, 1999, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: Jill Helm, Engineer, Bell Atlantic-Virginia, Inc., 4843 Oakland Blvd., N. W., Roanoke, Virginia 24019 Robert K. Bengtson, Acting Director, Public Works Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator C:MMyFilcsknov I wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1999. No. 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. WHEREAS, a public hearing was held on October 20, 1999, 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 oppommity to be heard on said conveyance. THEREFORE, BE IT 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 donating and conveying an easement to Bell Atlantic- Virginia, Inc., across City owned property located at the intersection of Brambleton Avenue and Overland Road, bearing Official Tax No. 1360301, for the purpose of relocating their underground conduit in connection with their Brambleton/Overland Signalization Project, upon certain terms and conditions, as more particularly set forth in the report of the Water Resources Committee dated October 4, 1999. ATTEST: City Clerk H:\ORD-GEN~OE-DLC-BELL-Br~mbleton- 10-20-99 Ad Number: 1267742 Publisher's Fee: $88.97 ROANOKE CITY CLERK'S OFF ATT: MARY PARKER, CLERK 215 CHURCH AVE SW RM 456 ROANOKE, VA 24011-1536 The Roanoke Times P!:28 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, 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: 10/10/99 FULL RUN - Sunday Witness, this 14th day of October 1999 · A~i z e d Signature 6omm~nw~:ii~/S~teof .... L) ~~ acro# C~y- .~Id. pm~e~y ~ by Oflidld Tm No. ~ ~ ~m (1~), M ~ ~ 7~ ~m. In Church Avenue~ S. W., Roanoke,. ~la. Fu~her report from the Water R~ ~ ~ (~) ~-2~ ~ Commf~on ~.q~ Mai, 3?. ~ NOTICE OF PUBLIC HEARING The City of Roanoke proposes 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. 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 October 20, 1999, 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 October 4, 1999 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 10thday of October ,1999. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, October 10,1999. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:'~IOTICI~-WRC-CC~q~-B~A~C- I 0=20"99 Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk November 5, 1999 File #28-29-207-468 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Ordinance No. 34537-110199 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, for the purpose of extending electric power lines to serve the remaining parcels on Blue Hills Drive, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Wednesday, October 20, 1999, also adopted by the Council on second reading on Monday, November 1, 1999, and will be in full force and effect ten days following the date of its second reading. Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: Appalachian Power Company, P. O. Box 2021, Roanoke, Virginia 24022 Robert K. Bengtson, Acting Director, Public Works Kit B. Kiser, Director, Utilities and Operations George C. Snead, Jr., Director, Public Safety Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator C:kMyFilesknov I wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 1999. No. 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 (RCIT) to Appalachian Power Company, upon certain terms and conditions. Whereas, a public heating was held on October 20, 1999, 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 donating and conveying an overhead and underground easement to Appalachian Power Company across City- owned property located at RCIT 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 the report of the Water Resources Committee dated October 4, 1999. ATTEST: City Clerk. H:\ORD-GEN~OE-DLC.APCO.RCIT. 10-20-99 Ad Number: 1267647 Publisher's Fee: $86°80 ROANOKE CITY CLERK'S OFF ATT: MARY PARKER, CLERK 215 CHURCH AVE SW RM 456 ROANOKE, VA 24011-1536 The Roanoke Times '99 I 1' 18 P1:28 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, 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: 10/10/99 FULL RUN - Sunday 10/10/99 FULL RUN - Sunday Witness, this 14th day of October 1999 '~rized Signature NORCE OF PUBuc NEARING ,a~o_m.?~_ Clty-ownacl property 7230101, a~l being Io~mted In amended, notioe Is hereby I~., .Municipal Bulldln& 215 Church Avenue, ~. W, Roanoke, Virginia. Further report from the Water . v~N um~r my hand i~. l~th Mmy F. Pmlmr, (~287647) C~y C~erk NOTICE OF PUBLIC HEARING The City of Roanoke proposes 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. 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 October 20, 1999, 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 October 4, 1999 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 10th day of~ 1999. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Tim~s on Sunday, October 10,1999. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 HANOTIC~WRC-C'C~.M%"O-RClT. I 0~20.99 Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk November 5, 1999 File #204-450 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 1, 1999, Council Members Swain and Trout were appointed to serve as City representatives to a committee to discuss a regional economic development project in Montvale, Virginia. Sincerely, Mary F. Pa~r er, CMC/AAE City Clerk MFP:Io pc: The Honorable Carroll E. Swain, Council Member, 3434 Kershaw Road, N. W., Roanoke, Virginia 24017 The Honorable James O. Trout, Council Member, 2102 Stephenson Avenue, S. W., Unit 18, Roanoke, Virginia 24014 Sue C. Gilbert, Coordinator, Economic Development, 122 E. Main Street, Suite 202, Bedford, Virginia 24523 Lisa J. Fain, Acting Chief, Economic Development C:~VlyFiles~ov I wpd Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk November 5, 1999 File #87-132 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 1, 1999, some Members of Council spoke in support of the City Manager meeting with his counterparts in the Roanoke Valley on an annual basis for the purpose of submitting recommendations to their respective governing bodies with regard to holidays and/or religious observances on a regional basis, with the involvement of major stakeholders in the Roanoke Valley. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io C:\MyFiles~nov I .wpd Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk November 5, 1999 File #32-66-200 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 1,1999, Mr. Aubrey Butler, 4833 Autumn Lane, N. W.., and Mr. Douglas Woody, 4851 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 the construction of a single-family home on Autumn Lane. It was the consensus of Council that the matter would be referred to you for your personal attention, with a follow-up response to Council. MFP:Io pc: Sincerely, Mary F. Pa~'r er, CMC/AAE City Clerk Mr. Aubrey Butler, 4833 Autumn Lane, N. W., Roanoke, Virginia 24017 Mr. Douglas Woody, 4851 Autumn Lane, N. W., Roanoke, Virginia 24017 George C. Snead, Jr., Director, Public Safety Evelyn S. Lander, Chief, Planning and Community Development Ronald L. Smith, Acting Building Commissioner C:'dvlyFilesknovl .wpd IA, CHARTERED 1882~ Roanoke City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 October 29, 1999 Mr. Phillip Bane P. O. Box 21141 Roanoke, Virginia 24018 Mr. George R. Dummitt 705 Bowman Avenue Salem, Virginia 24153 Dear Nfl-. Bane and Mr. Dummitt: Subject: Construction on Autumn Lane I am writing this letter to ask your cooperation in maintaining neighborhood tranquility during your construction activities on Autumn Lane. I appreciate your recent efforts in working with city inspectors regarding compliance with building and development regulations. Also, I recognize that because of past issues, there is a heightened tension and sensitivity toward construction on the street. Ultimately, the goal for all of us is to develop quality, single family homes that are in accordance with regulations. Several city staff have received calls from neighbors who have expressed concerns relating to management of the construction site and workers. I am sure that you will agree that it is beneficial for all parties involved to be courteous and respectful of one another in completing this project. I would like your cooperation and assistance in working through various issues to help calm the present situation. Therefore, I would appreciate your consideration of the following requests: That all construction staff park on the property and use the construction entrance located at the end of the street. Resident access to the street should not be blocked or inconvenienced. That the property be checked for trash and debris on a daily basis and that any loose trash, bottles, etc. be picked up and placed in a trash can. That all construction staff use indoor bathroom facilities. That outdoor construction work be sensitive to neighbors, especially during the early morning and the late evening hours. That any persons watching the site at night not disturb neighbors. I understand that many neighbors have been awakened by frequently opening car doors and running vehicles. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Mr. Phillip E. Bane Mr. George Dummitt Page Two I appreciate your consideration of these requests and hope that they will receive your prompt attention. Please call me if you have any questions ofifI can be of any assistance in helping to complete your project. Sincerely, Evelyn S. Lander, Chief Planning and Community Development CC~ Tom Tasselli, Development Review Coordinator Dan Conner, Development Inspector Ron Smith, Building Commissioner ~ECE~¥ED C)TY CLERKS OFFICE OCT 1:) P2:55 10 Dear Mrs. Parker This letter is to inform you that I C. Aubrey Butler and sixteen of my neighbors will be attending the next council meeting on October 20, 1999. As tax paying citizens of Roanoke City we will exercise our fights to speak before council. Our concerns will be what we believe to be the misuse of city funds on Autumn Lane and we will ask that Mr. Thomas Tasselli be removed from his position with the city of Roanoke. 4833 Aummh Lane Roanoke, VA 24017 An all-star lineup turned out at Ridgewood Baptist Church in Northwest Roanoke on Monday night to hear, resi- dents complain about a construction site on nearby Autumn Lane. Four Roanoke City Council mem- bers, the city manager, director of pub- li¢ works, planning director, an assis- tant commonwealth's at- torney and assorted city staffers heard the details from N.W. residents kick up dirt A novice developer ~ew law wnuld tink~_t For about 16 months, Bane, 30, has / -- '~~~-~.'~'~'~,,~, been preparing the site for 11 three- [ ~ be&oom homes, j~t about the f~st [ rog'He h~ clewed acres of b~h - , rather th~ ~ the 2.75 c~ent ~stem of dea~es and cou~ and woo~, an unpopular but legal act, procee~gs. but he h~ ~olated ci~ re~atio~ nu- On Saturday, B":ne denied many of merous times, to the point of being the resident' charges about flleg~ ~ed in Gener~ Di~rict Coug after the ci~ tided charges, d~ping, the ~leged pcesence of mw Some of the resident' compl~ sewage and erosion.' He s~d residen~ had ins~ted and more than ~o doz- -- about dust, no~e ~d such -- ~e ~- en people, avoidable Oth~ ...... ~ ........ , i~plicitly t~eatened ~m. ~ey s~ply But the hea~n fled, but ~~~ ':~aon't want houses bu~t, he s~d. ~d he er, contractor P~' ic=~~ave ~ume~ o cnron- ~ t~t a stronger ordnance wo~ be ..... b ~ew e~n, he s~d. I don t see ~y / re.on to,' he told me Saturday Mter- [ Br~scom, ~e ~is~nt ~nt h~ a r~po~ib~ty to educate you noo~ on h~ porch on Wa~e Street E ~ ~~'~;~y. 'That's i~t /a~[ than ~tigate you." No~e~t Ro~oke. "R's going to be a ~ ~~'~]~ .... ' '- / ~aucat it ~, ~th d~y ~pec- -e~on~ attack L ............. ~ ~ ~-~L~';_~' , ...... ~ ~o~, incre~ed le ~ re~e ~d the p .... ~ ~ ue auu~m. ~m ad~t ~; g P. ' push for a stronger ordnance. Without Bane, those gathered Mon- does~o~ seem to bc hanm~ the de- But th day co~d o~y ~lk about thin s that ta~ w " o~e me ~uo~s, no~ so~uuo~, ' ' g ' . Seeping the street would have . ,, s~d Bob Herbeg, the ci~ manager. B~e could have explained, apolog~ed gone miles, he said, to m~e people Problems may we~ cont~ue. for or pro~ed to tm. happy. Instead, it's another shell for R's ~ up to the headEer. Thin~ l~e those drop ~ucks fu~ their c~non. Sa u a, despite a stop-work order from the ci~. and 56, s~td e-mail to They drew a half-dozen ~ resident,n~~~*[t~'~d~. ~ 2491, Roanoke 2401 a city inspector and a police car to send the trucks away. Things like the inadequate silt job site. . ~ fence, sediment pits that have held wa- e- ,. --'~'~'"~r'~e's'~°rmance has been ter and could create a danger for curl- ~.~nal~? poor, officials said. They ous children -- even the failure to can't ti sweep the street at the end of the day, so neighborhood kids could play. Roanoke City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 October 12, 1999 Mr. Aubrey Butler 4833 Autumn Lane Roanoke, Virginia 24017 Dear Mr. Butler: SUBJECT: Construction on Autumn Lane This letter is sent in response to your recent requests to investigate the construction in the 4800 block of Autumn Lane. I appreciate your concerns that construction on the subject property be in accordance With approved plans and in compliance with applicable regulations, particularly those that affect public health and safety. Also, I am aware of the past history of this property and understand your interest in ensuring that all construction is done correctly and monitored appropriately. Please be assured that we are making every reasonable effort to ensure that the developer and contractor meet our requirements and comply with applicable regulations. In an effort to bring you up to date on the project and recent activities, I would like to share the following information with you: On March 16, 1999, the owner of the property, Philip Bane, applied for a permit to construct a single-family home on one of the lots. The application was reviewed for compliance with applicable development and building regulations. Zoning and building permits were issued on September 13, 1999, aRer additional information relating to soil testing and subsurface exploration by a qualified engineer was submitted to the City to ensure that the site was appropriate for building. The construction and the site is under frequent and routine inspection by the City. Grading for the foundation began around September 20, 1999. A recent visit on October 9, 1999, by the City's Development Review Coordinator, Chief of Planning and Community Development, and the Director of Public Safety indicated that the development was proceeding in accordance with the approved plan, although there were minor construction issues not of public safety or health concern that needed to be resolved by the contractor (i.e. extension ora silt fence and moving of an equipment trailer parked in a portion of the public fight of way). I understand that some vandalism occurred on the property this past weekend. Reportedly, damage was done to the prepared foundation site and construction safety fence. A police report was filed. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Upon inspection by the City again on Monday, October 11, 1999, the property owner and contractor were issued a written notice for minor erosion and sediment control violations and given seven days to comply, in accordance with state and city regulations. The .corrections are expected to be in place by October 19, 1999. The items requiting correction include reconstruction of the construction safety fence, removal of gravel at the end of the street which had been placed for the construction entrance, as well as extension of the silt fence previously noted. As I explained to you, in the event that these items are not corrected within the specified time frame, we can request court action or issue a stop work order on the project, depending on the seriousness of the problem. Hopefully, we will obtain compliance and not have to proceed further. o In the near future, a driveway entrance connecting the public street to the subject property will be installed. As you know, the contractor must obtain a "street opening" permit to install the construction. Both the contractor and the developer are aware of the need for the permit and have advised that one will be obtained prior to construction of the driveway entrance. Finally, as you are aware, a designated construction entrance is located at the end of Autumn Lane and will be used for most construction activity and future grading operations for other homes. While this entrance is the primary entrance for construction activity, there may be times when construction equipment will need to access the individual lots from the public street because of the location of the lots and the construction work required. Please be assured that our development and building staffs are maintaining a close watch on the subject development due to its past sensitivity. The development will be monitored in accordance with all city and state development and building regulations. Should you have further questions, concerns, or need to advise us of any future issues, please call me at 853-2344. Sincerely, -. Evelyn S. Lander, Chief Planning and Community Development CC2 James D. Ritchie, Acting City Manager George C. Snead, Director of Public Safety Ronald Smith, Acting Building Commissioner Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk November 8, 1999 File #132 Sandra H. Eakin Deputy City Clerk William M. Hackworth City Attorney Roanoke, Virginia Dear Mr. Hackworth: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 1, 1999, it was the consensus of Council to hold public hearings on Monday, November 15, 1999, at 7:00 p.m., and Monday, December 6, 1999, at 2:00 p.m., on the question of pay increases for the Mayor and Members of City Council. Prior to the public hearings, you were requested to provide the following information: An explanation of the Code of Virginia (1950), as amended, which establishes salaries for the Mayor and Members of Council; A history of pay increases for the Mayor and Members of the Roanoke City Council; and A comparison of salaries of the Mayor and Members of Council with other comparable jurisdictions. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io C:~MyFiles\nov l wpd Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk November 8, 1999 File #2-107-178 Sandra H. Eakin Deputy City Clerk William M. Hackworth City Attorney Roanoke, Virginia Dear Mr. Hackworth: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 1, 1999, Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., addressed Council in connection with a decision to place a marker containing the words "Historic Gainsboro" at McDowell Avenue and Gainsboro Road. She advised that erroneous and incomplete information was provided to Council and inquired as to the procedure for filing an appeal to a decision of Council. It was the consensus of Council that Ms. Bethel would place the alleged erroneous and incomplete information in writing, and the City Attorney was requested to provide advice in regard to an appeal procedure. Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., Roanoke, Virginia 24016 James D. Ritchie, Sr., Acting City Manager Robert K. Bengtson, Acting Director, Public Works Dolores C. Daniels, Assistant to the City Manager for Community Relations C:q',4y Filcs~nov I 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 1st day of November, 1999, ANNA WENTWORTH was appointed as a member of the Roanoke Arts Commission for a term ending June 30, 2002. Given under my hand and the Seal of the City of Roanoke this 8th day of November, 1999. City Clerk C:\MyFilcs\nov I 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 1st day of November, 1999, SARA LEE was appointed as a member of the Youth Services Citizen Board to fill the unexpired term of Thomas Miller, resigned, ending May 31, 2002. Given under my hand and the Seal of the City of Roanoke this 8th day of November, 1999. City Clerk C:\MyFiles\nov l .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 1st day of November, 1999, DONALD C. HARWOOD was reappointed as a member of the Architectural Review Board for a term ending October 1, 2003. Given under my hand and the Seal of the City of Roanoke this 8th day of November, 1999. City Clerk C \MyFiles~nov I wpd