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Council Actions 08-02-99
SWAIN 34414 ROANOKE CITY CO UNCIL REGULAR SESSION August 2, 1999 12:15p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-Roll Call. (Mayor Bowers and Council Member White were absent.) A report of the City Manager with regard to the progress of Virginia's First Regional Industrial Facility Authority. File #526 The meeting was declared in recess at 12:50 p.m., to be reconvened at 2:00 p.m., in the City Council Chamber. ROANOKE CITY CO UNCIL REGULAR SESSION August 2, 1999 2:00p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order -- Roll Call. (Mayor Bowers and Council Member White were absent.) The Invocation was delivered 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 C. Nelson Harris. Welcome. Vice-Mayor Harris. 2 NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, August 5, 1999, at 7:00 p.m., and Saturday, August 7, 1999, at 4:00 p.m. ANNOUNCEMENTS: ..... ~ 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. CONSENT AGENDA C-1 (Approved 5-0) 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. 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 2 l, 1999; and the Public Interview of School Board applicants held on Wednesday, April 2 l, 1999. RECOMMENDED ACTION: Dispeme with the reading thereof and approve File #132 as recorded. 3 C-2 C-3 A communication fi.om Vice-Mayor C. Nelson Harris 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. A joint report of the City Attorney and Acting City Manager in response to a statement made by Scott Johnson on February 16, 1999, with regard to certain arrests by the Police Department in Wasena Park. RECOMMENDED ACTION: Receive and file. File #5-66 C-4 Qualification of the following persons: I. B. Heinemann as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2002; File #15-110-184-202 Beverly A. James as a member of the Cultural Services Committee for a term ending June 30, 2000; and File #15-110-394 Charles W. Day and Brian J. Wishneffas Trustees of the Roanoke City School Board for terms of three years each, commencing July 1, 1999 and ending June 30, 2002. File #15-110-467 RECOMMENDED ACTION: Receive and file. 4 REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: ao Request to address Council with regard to recommended measures to improve road conditions in the vicinity of 816 Riverland Road, S. £. Kermit S. Shriver, Jr., Spokesperson. (5 minutes) Referred to the Acting City Manager for investigation and report to Council. File #20-66 4. PETITIONS AND COMMUNICATIONS: None. 5. REPORTS OF OFFICERS: a. ACTING CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: A report recommending procurement of environmental review services for the Lincoln Terrace public housing development at the request of the Roanoke Redevelopment and Housing Authority under the HOPE VI public housing rehabilitation assistance program of the U. S. Department of Housing and Urban Development. Adopted Resolution No. 34414-080299. (5-0) File #178 A report recommending execution of a Community Development Block Grant agreement with the Presbyterian Community Center, Inc., and transfer of funds in connection therewith. Adopted Ordinance 34416-080299. (5-0) File tt60-236 No. 34415-080299 and Resolution No. A report recommending execution of a 1999-2000 HOME Investment Partnership Program agreement with the Roanoke Redevelopment and Housing Authority, in order to implement HOME activities and permit payment to the Housing Authority for costs incurred. Adopted Resolution No. 34417-080299. (5-0) File 11178-236 J A report recommending execution of a 1999-2000 Community Development Block Grant Funding Administration agreement with the Roanoke Redevelopment and Housing Authority, in order to implement CDBG and HOME activities and permit reimbursement to the Housing Authority for costs incurred. Adopted Resolution No. 34418-080299. (5-0) Council Member Swain requested a report on costs incurred by the City for the Gainsboro Professional Park. File 11178-236 A report recommending appropriation of $386,000.00 in Enhancement Program funds allocated by the Virginia Department of Transportation for renovations, additions and improvements at the Virginia Museum of Transportation. Adopted Ordinance No. 34419-080299. (5-0) File #60-229 A report recommending execution of Amendment No. 4 to the City's contract with Black & Veatch, in the amoum of $108,000.00, for additional construction administration services, in connection with the Roanoke River Interceptor Sewer Replacement Project; and transfer of funds in connection therewith. Adopted Resolution No. 34420-080299. (5-0) File #27 e A report recommending execution of Change Order No. 5 to the City's contract with Casper Colosimo & Son, Inc., in the amount of $34,980.90, in connection with the Roanoke River Interceptor Sewer Replacement Project, Contracts C, D and E. Adopted Ordinance No. 34421-080299. (5-0) File #27 A report recommending acceptance of the Roanoke Fire-EMS Department Hazardous Material Regional Response Team Grant; and appropriation of funds in connection therewith. Adopted Ordinance NO. 34422-080299. (5-0) File #60-70-354 DIRECTOR OF FINANCE: 1. A financial report for the month of June, 1999. 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. File #10-60-270-467 7 o REPORTS OF COMMITTEES: A report of the Bid Committee recommending 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. Council Member Carroll E. Swain, Chairperson. Adopted Ordinance No. 34423-080299. (5-0) File #27 e UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: Ordinance No. 34406, on second reading, 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. Adopted Ordinance No. 34406-080299 on second reading. (5-0) File #51 Ordinance No. 34407, on second reading, rezoning approximately 4.3 acres of land located on the north side of Kingsbury Circle and approximately 170 feet west of Franklin Road, S. W., identified as Official Tax No. 1290107. Adopted Ordinance No. 34407-080299 on second reading. (5-0) File #51 Ordinance No. 34408, on second reading, rezoning a 56-acre tract of land lying at the end of Read Mountain Road, N. E., identified as Official Tax No. 7320101. Adopted Ordinance No. 34408-080299 on second reading. (5-0) File #51 Ordinance No. 34410, on second reading, providing for the fee simple conveyance to Serenity Funeral Home, LLC, of City-owned property, identified by Official Tax Nos..2012705, 2012706 and 2012707, containing 0.293-acre, and located on Gilmer Avenue, N. W., upon certain terms and conditions. Adopted Ordinance No. 34410-080299 on second reading. (5-0) File #2-166 o MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Vice-Mayor and Members of City Council. Council Member Trout read a communication from the Acting City Manager addressed to the Roanoke County Administrator under date of July 29, 1999, in regard to regional water discussions. The Acting City Manager advised that discussions will be renewed in good faith, with meetings scheduled as early as the week of August 2, and there is great potential for the two localities to make progress by working together. A status report will be submitted to Council at a later date. File #468 b. Vacancies on various authorities, boards, commissions and committees appointed by Council. CERTIFICATION OF CLOSED MEETING: (5-0) Thelma R. Holland and George A. Kegley were reappointed as members of the Cultural Services Committee for terms ending June 30, 2000. File #15-110-394 Courtney A. Penn was appointed as a member of the Cultural Services Committee for a term ending June 30, 2000. File #15-110-394 Edward L. Crawford, Jr., was appointed as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2002. Council adopted a motion to waive the City residency requirement. File #15-110-184-202 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. Charles A. Price, representing the Roanoke Neighborhood Development Corporation, a community based organization whose goal is to work with all citizens to form a public/private partnership appeared before Council and advised that some persons in nttendnnce were present as a result of their interest in certain projects in the downtown north area of the City~ however, the matter will not be addressed by Council until a later date. File #178-414-432-$11 l0 August 2, 1999 Honorable Mayor David A. Bowers and Members of City Council Dear Mayor and Members of Council: Subject: To give a briefing to City Council on the progress of the Virginia's First Regional Industrial Facility Authority Please reserve space on City Council's agenda for the above referenced subject. Respectfully submitted: J.a~.e D. Ritchie Acting City Manager JDR/kdb COMMERCE PARK OVERVZEW FROM PULASKZ COUNTY PERSPECTZVE COMMERCE PARK PROJECT SUMMARY · BUY 331 ACRES · OPTION 739 ACRES BUILD I MILE 4 LANE ENTRANCE ROAD GR,4,DG 40 ACRES TO DEMONSTRATE SOTL AND GEOLOGICAL COND1TZONS PLAN 150 ACRE PAD ON ZNI*TT_.AL 280 ACRES, WZTH 20 ACRES 6RADED · PLAN AD3'~ 200 ACRE PAD ON NEXT SZT'E WI'TH 20 ACRES &RADED ON EXZSTZN& COUNTY $1'TE PLAN AND ACQUZRE EASEMENTS FOR UP TO 6 MILL/ON &ALLONS PER DAY ADD/I'ZONAL WATER AND SEWER COMMERCE PARK MISSION · VZRGZNZA'$ F/RST RE6~ONAL ZNDUSTRZAL FACZL_ITY AUTHORZTY HAS AS ZTS MIL.~q, ZON: · TO PROI~DE ZN~$TR~,4L F4~L_TT~E$ OF ,4 BACKGROUND GENERAL ASSEMBLY PASSED R,E~ZCN~4AL FACII.ZT~F.~ AUTHORZTZE~ ACT IN 1997 PUt,A.SKI COUNTY RECEZVED $160.000 ~TATE AND PRIVATE FU~D.S FOR FEAS]*Bg..TTY STUDY b'T'UD¥ COMPLETED lYEC~MBER 1997 VA 1ST AUTHORL-TY CREATED SEPTEMBER ~'4. 1998 BY 15 LOCAL · GEOTECI.I~JU..4J~W~YST~ COM.%GTCO ON SETE SOUTH OF NRV AZRPORT NOVEMBER 2*998 · $2**375 MZLL~ON AWARdeD BY GOVERtdOR GZLMORE IN ~ 1999 - I of 3 GRANT5 AWARDED ,ST ATE WIDE · TARGET DATE FOR COMMERC~ PAR~ PARTZCTPATION AGREEMENT COMPt.ET'ION - AUGUST 2,7. 2,999 Unemaiovment Rates [] New River Vdey I Vireina-, New Ri--r Valle~ [] Labor Fon:~ · Employment LOCATION - PULA$1~ COUNTY - OFF ROUTE :100 · BETWEEN NRV A.TRPORT AND DUBL/N · .SEE PROPOSED ST'~ & ]:NFRASTRUCTURE 'rMPROVEMENT$ PLAN · ,SEE DEVELOPMENT LAYOUT SITE CHARACTERISTICS 6EO-TECHNZCAL EVALUAT'ZON HAS BEEN MADE BY SCHNABEL & ASSOCZATES · EXTREME KARST AREA NEXT TO RES.TDENT'r-AL AREAS blC~TH OF DUBLZN RECOMMENDED FO~ A BUFFER ZOI~ - ~ RECOMMENDED FOR PROPOSED I~ZN6 · AREA ~ TO AZRPORT TYPZC~L OF NR¥ SOILS AND TOPOGRAPHY SI'TE DEEMED API~OPR.TATE FOR HEAVY ZNDUS'I'RZAL LOADZNG 2 UNIQUENESS OF COMMERCE PARK SITE · LARGER BU'ZLDZNG PAD THAN ZrN ANY TNDUSTRZAL PARK · COMMERCE PARK ~ - 1~0 ACRE PAD · NEXT SZZ:E · 110 ACRES ZN PULASKZ COUNTY NEW RXVER ZNDUSTRIAL PARK · 50 ACRES ZN MONT&OMERY COUNTY F ALLZN& BRANCH 5ZTE · ZN :1.997 VEDP LT. STED ONLY 2 SZTES WEST OF ROANOKE WZ'T'H MORE THAN ~'00 ACRES DIUIF[ PAIglIQPATION lq,AN · ,SEE DRAFT ~REEMENT & ATTOI~IEY.S LI:T[f.R OF EX?LANAT'ION 1~0,000 SHARE5 OFFERED 10,000 SHARF_.,S OI:FERED 1'0 EACH VA. 1,.,%-T ~EkIBER ,SHAP~r.~ LEFT OFFERED TO PARTZI~PANT$ ,.~IARE5 LEFT OFFERED 'TO HOb-r' C. OMMUNTT~ SHARE.S LEFT O~'I:ERED 1'0 OTHER.S, BUT NON VOI'~N~ · SHARES MAY BE ,SOTS, BUT FZRb-T OFFERED TO OTHER PART'[CI~ANT$ ONE ,SHARE ESI'~MATED COST SZ.O~ - $Z.75 PER YEAR FOR FZRb'T ~0 YEAI~ AND $0.81. TO $1.09 FOR NEXT lO 'ro 30 YEAR5 DEI/ELOPMENT ¢O~T ESTIMATE -COUNTY - OTHER OPT*ZON5 ,SURVEYZN6 OFF$1TE WATER & SEWER 6RADI~ ENY~RONMENTAL REI/ZEW ENgINEER/N6 4LANE ROAD ADM/NZSI'RATZON TOTAL $1,7~5,000 2§,000 208,0OO ~,914 ~03.4~ FUNDING PLAN · VlRGIHIA DHCD · $1,375,000 · FEDERAL EDA · S00,000 · FEDERAL ARC · S00,000 · FEDERAL RD LOAN · 2,041,750 · FEDERAL RD LOAN GUARANTEE · 2,04t,750 · VIRGINIA DOT · 4.50,000 · TOT~ · SS,.14K,S~ REMm~UE SHARING ~ SITE TO INDUSTRY · HOST RETAZN$ ~LL REAL F. STATE TAXES ONLY MACHINERY & TOOLS TAX (M&]') IS SHARED · HOST RETAINS FIVE PERCENT OF M&T - VA 1ST AUTHOR.T'I'Y 6ETS ONE I~RCENT OF M&T PARTZCZPANT$ ,SHARE REMAZNZN6 M&T BASEl:) ON SHARE OWNBLSHZP ltEV~IUB SII~LII4G ~_AM_Ba ~ · Ii~DUSTRY LOCATES & INVESTS $131 MILLION IN MACHINERy & TOOLS (M&T) & $20 MILLION REAL ESTATE · HOST REAL ESTATE TAX = $124,000 · M&T TAX YIELD = $943,200 · HOST LOCAL .I'~Y 5% M&T = $47,160 · VA. 1ST 1% M&T= $9,432 · PER SHARE YIELD = $5.91 · PER SHARE DEBT = $?-05 - $2.75 I.O~41. ~ re{mm · FORMAL - LAND U,SE (ZONZN6, SUBD/V'r_S/ON' - APPROVAL OF ANY OCCUPANT - A¢CEPTAt~E OF FURTHER INFRASTRUCTURE ~-:VELC~MEr~r · TNFORMAL - IMPACT OF LABOR AVAZLABILTI'y - ZI~A~ OF COMMUNITY SUPPORT FOR PROSPECT - ZMPACT OF LOCAL &OVERNMENT SUPPORT FOR PROSPECT TRANSPORTATZON ACCESS · NRV A/RPORT · ROUTE 100 · POTENTZAL FOR RAZL ACCESS IN FUTURE · RE&ZONAL ENDEAVOR TO ACHZEVE MA3'OR ZNDUSTRY SZTE, UNACFffEVABLE BY A SZN&LE LOCAI.TTY · SHARZN6 COSTS MAKE PRO~'ECT AFFORDABLE TO MOST MEMBERS · COULD PROVZDE EMPLOYMENT FOR TECHNOLO&Y MA&NET SCHOOL, NRCC & UN~VERS_TTy &RADUATES DISADVANTAGES · MOST WORKERS WILL NOT LIVE IN PULASKI COUNTY, BUT WILL ADD TO TRAFFIC ON MAJOR ROADS · LONG WAIT PROBABLE FOR PAYBACK · PROSPECT MUST MEET NEEDS OF ENTIRE REGION · DOES NOT ADDRESS SUPPORT FOR SMALL BUSINESS, EXISTING INDUSTRY, OR TYPICAL SIZE NEW INDUSTRY · DETERMINE DESIRABILITY OF HOSTING COMMERCE PARK · IF HOSTED - ADOPT PARTICIPATION AGREEMENT WITH NEEDED CHANGES - PLEDGE A MINIMUM OF 10,O00 SHARES - PLEDGE TO ACQUIRE OTHER AVAILABLE SHARES UP TO 33 % FINANCIAL PLANNING SESSION ........... ROANOKE CITY COUNCIL March 20,1999 8:30 a.m. The Council of the City of Roanoke held its Financial Planning Session on Saturday, March 20, 1999, at 8:30 a.m., in the Emergency Operations Center Conference Room, Room 159, Municipal Building South, with Mayor David A. Bowers presiding. CITY COUNCIL MEMBERS PRESENT: 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. SCHOOL BOARD MEMBERS PRESENT: F. B. Webster Day, Sherman P. Lea, Brian J. Wishneff, Ruth C. Willson, Charles W. Day, Melinda J. Payne and Chairperson Marsha W. Ellison ........................................................................ 7. ABSENT: None ...................................................................................... 0. OTHERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; William X Parsons, Assistant City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Willard N. Claytor, Director, Real Estate Valuation; Robert H. Bird, Municipal Auditor; Betty Jo Anthony, Chief Assistant, Commonwealth's Attorney; Jesse A. Hall, Deputy Director of Finance; Diane S. Akers, Budget Administrator; Sherman S. Stovall, Budget/Management Analyst; George C. Snead, Jr., Director, Public Safety; Kit B. Kiser, Director, Utilities and Operations; William F. Clark, Director, Public Works; Glenn D. Radcliffe, Director, Human Development; Kenneth S. Cronin, Manager, Personnel Management; Barry K. Agnew, Administrator - Pay/Classification, Personnel Management; Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools; Kenneth F. Mundy, Jr., Controller, Roanoke City Public Schools; Michael A. Cooper, Acting Middle School Assistant Principal, Roanoke City Public Schools; Senator John S. Edwards and Delegate A. Victor Thomas. On behalf of the Members of Council, the Mayor welcomed everyone to the meeting and advised that the session is a follow up to the Financial Planning Session which was held on Saturday, January 16, 1999, at the Roanoke Regional Airport. He stated that the School Board was invited to attend the meeting to discuss long range capital project needs of the school system; whereupon, he called upon the Chairperson of the School Board for remarks. Ms. Ellison advised that Council's invitation to the School Board demonstrates a commitment to strengthening the working relationship between City Council and the School Board and also demonstrates to the School Board and to the citizens of Roanoke the high value that is placed on maintaining updated school facilities and up to date and state of the art school buildings. She stated that the commitment of the City to maintain outstanding facilities can be seen through the following examples: (1) the City's commitment to pay the debt service and the bond issue to renovate the seven oldest elementary schools, i.e.: Highland Park, Oakland, Crystal Spring, Forest Park, Virginia Heights, Morningside, and Wasena; and (2) the City's commitment to share in the cost of renovating four middle schools, i.e.: Stonewall Jackson, Breckinridge, Woodrow Wilson, and Lucy Addison which is scheduled to reopen in August 1999. She called upon Superintendent Harris to present capital project needs of the school system over the next 10 to 15 years and Mr. Wishneff to discuss the importance of a shared long term capital needs plan that will provide for renovations to Patrick Henry and William Fleming High Schools. Dr. Harris presented a summary of past actions, plans for the next three years and beyond to the year 2010, and calculations with regard to debt service paid by the City for school facilities, and a projection to the year 2010 as to anticipated needs. Superintendent Harris advised that in 1989, seven elementary schools were renovated: Highland Park, Oakland, Crystal Spring, Forest Park, Virginia Heights, Morningside and Wasena, all of which were constructed before 1930; three middle schools were renovated: Jackson, Breckinridge and Woodrow Wilson and Addison will come on line by mid July. He called attention to major improvements to Huff Lane, Round Hill and Hurt Park and during the summer months, the air conditioning system at William Ruffner will be replaced. He reviewed projections for fiscal year 2000-2002 which do not have funding, but are a part of the Capital Improvements Program that will be presented to the School Board in May, and involves school facilities throughout the City based on age and condition of those facilities. He advised that Priority I projects include Garden City, Grandin Court, Preston Park, and Roanoke Academy for Math and Science; Priority II includes Madison, Priority III includes Fairview and Fishburn Park, Priority IV includes Fallon Park, Lincoln Terrace, Virginia Heights and Westside, and Priority V includes Monterey and Raleigh Court. He explained that these improvements involve central air conditioning at nine elementary schools, replacing modular classrooms currently in use at nine elementary schools (a total of 53 rooms in modular buildings), library- media centers are proposed to be expanded at three elementary schools, gyms added at two elementary schools, and obsolete air conditioning will be replaced at one elementary school and one middle school. He reviewed information on school debt service, fiscal year 1995 - 2008, and called attention to the need for improvements to Patrick Henry and William Fleming High Schools, at a total cost of 2 approximately $75 million, with Patrick Henry proposed to be the first high school to be renovated in April 2005 and completed by August 2007, to be followed by William Fleming improvements in April 2008 and completed in August 2010 ($60 million bond funds and $15 million literary fund loans). Mr. Wishneff advised that 11 schools have been renovated at a cost of over $75 million. He further advised that in order to continue the momentum, architects have been hired to prepare drawings to eliminate modular classrooms and for certain other projects. He stated that in the near future, decisions will have to be made on funding and on Priorities I - V as previously reviewed by Dr. Harris. He called attention to the need to begin dialogue with the entire community regarding high school renovations in the range of $75 million and, in addition, there is a desire to find ways to construct facilities and share those facilities with the entire community outside of regular school hours. He noted that Victory Stadium renovations have not been addressed in the debt service which will be a critical issue for both City Council and the School Board. He advised that the School Board is requesting a partnership between Council and the Board which will address the next ten years and funding sources for the needed improvements. (See hand-out on file in the City Clerk's Office.) Mr. White inquired as to what per centage will be saved in maintenance costs and operations as a result of proposed school improvements/renovations; whereupon, Dr. Harris advised that he would provide the requested information at a later date. There was discussion with regard to replacing modular classrooms; whereupon, Senator Edwards called attention to a bill which he sponsored at the General Assembly level that would have created an Education Infrastructure Trust Fund to provide that lottery money would be used for capital needs for schools, technology, renovations, maintenance, and new construction which would have provided a permanent trust fund that localities could rely upon year after year. He explained that this type of bill is needed to provide a long term revenue stream that could be counted on year after year in order to leverage bonds, etc.; however, the bill was defeated in the General Assembly. The Mayor requested that the matter be referred to the City's Legislative Committee for consideration as to inclusion in the City's 2000 Legislative Program. The Director of Finance reviewed General Fund revenue trends, capital funding needs analysis, creating future debt capacity, new revenue sources, re- engineering efforts and other fiscal issues. 3 The following points were made: The main sources of revenue are based on real estate and personal property taxes. The revenue base for State and Federal Governments is based on income and income has far out performed property values across the country. It is anticipated that local tax growth in the City of Roanoke in the year 2000 will be less than three per cent. The City Manager advised that it is not enough to rely on a reduction in existing debt service to fund future bond issues. He stated that it is critical that City staff develop a plan of action to fund capital improvements and to maintain and improve infrastructure, and urged that Council take a five to ten year view in terms of compiling a Capital Improvements Program. Ms. Akers presented information on capital needs analysis, advising that the current five year CIP totals $321,825,908.00 which includes a variety of funding sources, i.e.: bond funds, federal, state and other local government funds, retained earnings from enterprise funds, school capital funds, Literary and VSPA loans, capital fund interest earnings, and third party funding. She presented a history of bond issues since 1988; i.e.: 1988 - public improvements including storm drains, schools, streets and parks ($10 million) and the same type of improvements in 1992 ($22.05 million) but to a larger magnitude; 1994 - jail expansion, juvenile home expansion and hotel conference center ($20.10 million); 1996 - public works improvements for schools, streets, storm drains and 1-581 interchange ($31.30 million); and 1997 - $13.01 million and 2000 - $26.02 million. She advised that on average, bonds have been issued every three years, averaging $20 - $25 million. Mr. Hall presented information on bond issues that the City is currently committed to, i.e.: $13.01 million issue in December 1997 remaining and $26.02 million to be issued on or before January 1, 2000. He stated that other potential bond issues are: $7.5 million for Roanoke River Flood Reduction (approved by voter referendum in April 1989). $2.5 million for the Higher Education Center, Fiscal Year 1999 General Fund budget designated $250,000.00 for debt service for these bonds. 4 $9 million for Victory Stadium - Fiscal Year 1999 General Fund budget designates $300,000.00 for debt service for these bonds with a commitment to add additional funding over the next two years. $7.6 million for J & J economic development project - debt service to be repaid over a ten year period from incremental revenue generated for this project. Mr. Hall reviewed charts demonstrating existing debt service, fiscal year 1999- 2009 and pro forma debt service requirement for Fiscal Year 1999 - 2009 which assumes issues of $25 million in 2003 and again in 2006 and is derived from the City's past history of (debt) issues whereby $20 million to $30 million has typically been issued approximately every three years. He advised that based on the pro forma chart, $2 million additional annual debt service will be needed for 2004, $2 million additional annual debt service will be needed by 2007 for the next projected bond issue, and an annual debt service should increase approximately $500,000.00 to $550,000.00 per year to fund anticipated general government capital needs. Mr. Grisso discussed increased debt capacity through revenue initiatives, new revenue sources, re-engineering or cost reduction, service reduction or providing services in a better or more efficient way, increase in state revenues, and development of a funding strategy. He reviewed potential revenue initiatives, i.e.: real estate, personal property, utility consumer, cigarette, lodging, meals, E-911 and motor vehicle decal. Mr. Grisso presented a directory of 1998 tax rates compiled by the University of Virginia and referred specifically to page ten which shows that Roanoke's current tax rate is $1.22 per $100.00 of assessed value. He stated that the highest stated real estate tax rate in Virginia is tied between Richmond and Petersburg, which is $1.43 per $100.00 of assessed value, and the lowest tax rate exists in the State is Williamsburg which is $.54 per $100.00 of assessed value. He referred to Page 90 in regard to the personal property tax rate which shows that Roanoke's tax rate is $3.45, and the median rate for cities in Virginia is $2.80, therefore, Roanoke compares favorably. Mr. Swain requested figures on service charges imposed by the City of Roanoke. Mr. Grisso reviewed potential new revenue sources that the City of Roanoke has not heretofore authorized but is available; i.e.: cable television utility tax - seven per cent of gross receipts, or $1,190,000.00; daily rental tax - video, heavy equipment for construction - one per cent of rental receipts or $100,000.00 annual revenue; and meals tax sellers discount - eliminate three per cent discount - annual revenue would be $195,000.00. 5 Mr. Herbert reviewed re-engineering efforts and advised that the Municipal Auditor has completed an analysis of regional refuse collection and it appears that a $700,000.00 savings could be generated; however, he stated that the tonnage which is taken to the regional landfill has increased significantly and used a considerable amount of the savings. He called attention to another potential savings, in the amount of $270,000.00, if the City and County combine refuse collection routes. Mr. Herbert stated that the curbside recycling program is offered to approximately two-thirds of the City's residential customers and while the general concept of recycling is popular, only about 50 per cent of Roanoke's citizens participate in the voluntary program. He added that while the general concept of recycling has worked, it costs approximately $500,000.00 annually to operate the program; the demand for recyclable goods has declined which has increased the cost to provide a curbside recycling program, and until recently the cost of operating curbside recycling was lower than the cost of disposal at the landfill. He explained that the City may be at the point where it should review the effectiveness of the recycling program, and determine if there is sufficient interest in investing public tax dollars in the program. He called attention to the need to look at program cost containment, an example of which is the Comprehensive Services Act. He advised that when the City sells the next series of bonds (at least $26 million), bond rating agencies will ask a series of questions to which they already know the answers, and City staff is looking to Council for direction regarding long range Capital Improvement Program financing. Mr. Swain requested that Mr. Herbert provide Council with written suggestions on re-engineering efforts based upon his 14 years of experience as City Manager. Mr. Cronin introduced Dr. James Fox, representing the firm of Fox Lawson & Associates Compensation and Human Resources Specialists, which firm was hired by the City to evaluate the competitiveness of the City's pay and benefits program. Dr. Fox reviewed portions of a report entitled, "City of Roanoke Classification, Compensation and Benefits Review" encompassing information on project objectives, the study process, and market survey details. General findinqs are as follows: The classification and compensation system is sound and well managed. No major changes are suggested in the way pay is managed. 6 The City needs to raise pay if it wants to be competitive with its recruiting labor market. Alternatives are available to manage the way an employee moves through the pay range. Findings with regard to classifications, job descriptions, and job evaluation are as follows: The City's job descriptions need to be upgraded. The City's job evaluation system works, however, better systems are available. Findings with regard to benefits are as follows: The City's benefit package, calculated as a per cent of payroll, costs about four per cent less than the market average. The City's Iow health care costs are primarily responsible for the lower costs. The Pension plan is above the market averages. Overall, the benefits program is very competitive with the market. Findings with regard to compensation are as follows: The City's pay levels are competitive with the relevant recruiting market for jobs in grades 2 - 10. The City's pay levels are below the recruiting market by 11 per cent for jobs in grades Il -20. The method of moving employees through the range is not well understood by employees. Recommendations with regard to benefits and compensation are ac follows: The City explore the possibility of adopting a cafeteria benefits plan. This will provide greater flexibility to the City in hiring. 7 In addition, it will recognize the diversity of needs of the City's workforce. The City increase the pay structure of grades 2 - 10 by 2.3 per cent. The City increase the pay structure of grades 11 - 20 by 11 per cent. The City should not abandon the open salary ranges. The City should explore modifying how employees move through the ranges. For example, employees and managers alike want more recognition for learning new skills, being more productive or a program that recognizes their contributions. Other public organizations are having great success with programs such as skill based pay, or goal sharing or gains sharing. Recommendations with recjard to classification and job evaluation: The City should update its job descriptions to be more current and accurate. The City should explore replacing its job evaluation system. The City should explore the concept of more broadly defining the jobs to reduce the number of job titles. This will increase managerial flexibility. (See summary of report on file in the City Clerk's Office.) The Mayor requested more information on those grades in the middle of the pay plan, specifically grades 7 - 10 and grades 11 - 15; whereupon, the City Manager explained that core issues which the pay findings have identified will be addressed by City staff. He stated that the Personnel Department will review alternatives to address certain shortcomings identified in the consultant's report and a recommendation will be submitted to Council as a part of the 1999-2000 budget to address certain findings of the consultant and the balance will involve initiatives by the Personnel Department working in conjunction with City employee groups. In the interest of time, the City Manager called attention to reports previously provided to Council with regard to insurance reserve, CMERP funding formula, Revenue Stabilization Fund, staffing level history, and capital funds availability. He advised that City staff will be available over the next few weeks to discuss any of the above listed reports. Mr. Swain called attention to the need to provide tax relief to the citizens of Roanoke; whereupon, he moved that the real estate tax rate be reduced by $.01 per $100.00 of assessed value, effective January 1, 2000. The motion was seconded by Mr. Hudson. Mr. Harris moved that the motion be tabled until 1999-2000 budget study. The motion was seconded by Ms. Wyatt and lost, Council Members Hudson, Swain, Trout, White and Mayor Bowers voting no. The main motion offered by Mr. Swain, seconded by Mr. Hudson, to reduce the real estate property tax rate by $.01 per $100.00 of assessed value, effective January 1, 2000, was adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................................... 6. NAYS: Council Member Wyatt- ................................................................ 1. Mr. Swain moved that the real estate tax rate be reduced by at least $.01 per $100.00 of assessed value, effective January 1, 2001 (FY 2000-01). The motion was seconded by Mr. Hudson and lost by the following vote: AYES: Council Members Hudson, Swain and White .................................. 3. NAYS: Council Members Harris, Trout, Wyatt and Mayor Bowers .............. -4. Mr. Trout requested that his no vote be changed to a yes vote; whereupon, the motion to reduce the real estate tax by at least $.01 per $100.00 of assessed value, effective January 1, 2001, was adopted by the following vote: AYES: Council Members Hudson, Swain, Trout and White ........................ 4. NAYS: Council Members Harris, Wyatt and Mayor Bowers ......................... 3. The Mayor called attention to his correspondence under date of February 2, 1999, addressed to Senator John S. Edwards and Delegates A. Victor Thomas and Clifton A. Woodrum, III, in connection with the sales tax on the sale of food. He 9 advised that reduction or elimination by the State of the sales tax on food will, in turn, lead to lost revenue for the City, and requested that his letter be forwarded to the City's Legislative Committee for discussion with regard to ways to replace the lost revenue sources. Without objection by Council, the Mayor advised that his February 2, 1999 communication would be referred to the City's Legislative Committee and to 1999- 2000 budget study for further discussion. The Mayor discussed the transient lodging tax which is currently at five per cent. He advised that one of the best ways to bring more tax revenue into the City over the next ten years is to continue to invest in the tourism industry. He requested that the matter of increasing the transient lodging tax be referred to 1999-2000 budget study, that a public hearing be held to receive input from citizens and the lodging industry, and that Roanoke County consider increasing its transient room tax to provide for uniformity. Mr. Trout moved that the matter of an increase in the transient lodging tax be referred to 1999-2000 budget study. The motion was seconded by Mr. Swain. Ms. Wyatt offered a friendly amendment to the motion that the City Manager review a systematic way of designating a percentage of the transient room tax to promote tourism over a period of years. Mr. Trout and Mr. Swain agreed to include the friendly amendment in the motion; whereupon, the motion, as amended, was adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ................................................................................................ 7. NAYS: None .......................................................................................... 0. Vice-Mayor Harris requested that the record reflect his position on the real estate tax rate reduction, and advised that his position has not been one of a tax cut but of a tax shift, and he does not oppose reducing the real estate tax rate if another tax is increased or will provide for the lost revenue. Therefore, at the special meeting of Council on May 3, 1999, when the fiscal year 1999-2000 budget is proposed for enactment by Council, Vice-Mayor Harris requested that the vote on increasing the transient room occupancy tax precede the vote on a reduction in the real estate tax rate. 10 The City Manager clarified that Roanoke County cannot increase its transient room occupancy tax above the current five per cent without special legislation enacted by the Virginia General Assembly. There being no further business, the Mayor declared the meeting adjourned at 12:25 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 11 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL April 5, 1999 12:15 p.m. 1999, floor, David Rules The Council of the City of Roanoke met in regular session on Monday, April 5, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor A. Bowers presiding, pursuant to Rule 1, Re~lular Meetincjs, of Section 2-15, of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A. Bowers ................................................................. -4. ABSENT: Council Members James O. Trout, William White, Sr. and Linda F. Wyatt ............................................................................................................ 3. OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City Manager; William X Parsons, Acting City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. At 12:20 p.m., the Mayor declared the meeting in recess. At 12:25 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, Room 159, Municipal Building South, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Members Trout, White and Wyatt, for the purpose of holding a joint meeting of City Council and the City Planning Commission. CITY PLANNING COMMISSION MEMBERS PRESENT: Gilbert E. Butler, Jr., Melvin L. Hill, D. Kent Chrisman, Robert B. Manetta, Richard A. Rife, Alfred T. Dowe, Jr., and Chairperson Barbara N. Duerk .............................................................. 7. CITY PLANNING COMMISSION MEMBERS ABSENT: None ........................ 0. OTHERS PRESENT: James D. Ritchie, Acting City Manager; James D. Grisso, Director of Finance; William X Parsons, Acting City Attorney; Mary F. Parker, City Clerk; William F. Clark, Director, Public Works; Glenn D. Radcliffe, Director, Human Development; Kit B. Kiser, Director, Utilities and Operations; George C. Snead, Jr., Director, Public Safety; Steven J. Talevi, Assistant City Attorney; Evelyn S. Lander, Chief, Planning and Community Development; Martha P. Franklin, Secretary, City Planning Commission; James A. McClung, Manager, Fleet Management; Melinda Mayo, Public Information Specialist; and John G. Reed, Civil Engineer. Following lunch, the business session convened at 12:55 p.m. On behalf of the Members of Council, the Mayor extended a welcome to the City Planning Commission and staff and expressed appreciation for the opportunity for the two bodies to meet and discuss matters of mutual interest. COMMUNITY PLANNING-COUNCIL-ZONING-STATE HIGHWAYS-FLOOD REDUCTION/CONTROL: Chairperson Duerk advised that the City should be proactive rather than reactive to issues that affect its citizens and as a result of open discussion, problem areas can be addressed before they become serious issues. She expressed appreciation to Council for appropriating funds for a neighborhood planner and an associate planner to facilitate neighborhood plans, and advised that it is advantageous for neighborhood plans to be facilitated by City staff which will ultimately lead to consistency in all neighborhood plans. She advised that the City's Comprehensive Plan is required to be updated every five years and the City Planning Commission would like staff to be involved in the planning process, although it is believed that it will be necessary to hire an outside consultant to compile the necessary data. She explained that the City Planning Commission works through committees and advised that Richard Rife chairs the Long Range Planning Committee, Kent Chrisman chairs the Transportation and Facilities Committee and Gilbert Butler chairs the Ordinance and Names Subcommittee. Ms. Lander advised that neighborhood plans, which are an intensive effort, were prepared by the City Planning Department in the late 1980's and early 1990's. She stated that neighborhood plans enable the City Planning Department to work closely with residents of a particular area to determine their specific concerns because residents are more familiar with their quadrant of the City. She advised that City Planning staff reviews a variety of issues in each neighborhood such as transportation, land use, zoning, housing, social services, public safety, etc., in order to form a baseline on progress and to determine needed changes. She stated that City staff is currently working with the Raleigh Court neighborhood, a draft plan has been prepared which is currently under discussion, and the City Planning Commission will review the plan this week for proposed adoption on April 21, 1999. She noted that Raleigh Court residents are concerned about zoning and land use issues and have also expressed concern regarding multi-family housing, therefor, staff is working with the City Attorney's Office to explore zoning changes and/or amendments. She explained that up to four neighborhood plans are envisioned per year, depending upon the issues and the size of the neighborhoods; on average, it 2 takes about three months to complete each neighborhood plan, and the location of the next neighborhood plan has not been determined, however, City staff will work with general criteria for those areas of the City that need additional planning in conjunction with the Roanoke Neighborhood Partnership Steering Committee. She called attention to the Loudon/Melrose neighborhoods which have numerous development issues, and emphasis should be placed on those special inner city neighborhoods that are in need of help. Mr. Rife addressed issues in the Raleigh Court area specifically. He advised that the percentage of owner occupied residents in Raleigh Court has declined 12 per cent over the last ten years; Raleigh Court residents are concerned because the City is getting poorer and poorer; and if Roanoke's neighborhoods are allowed to become less attractive for middle and upper income families, the City will continue to decline and become less economically viable. He stated that the other neighborhoods in the City are closely monitoring the City's actions in regard to Raleigh Court and they see that area as a test case for neighborhoods because some of the same symptoms of decline are being seen in other City neighborhoods. Ms. Lander was requested to provide Council with a time line for the Raleigh Court Neighborhood Plan; whereupon, she advised that the neighborhood plan is proposed to be adopted as a part of the City's Comprehensive Plan which provides the necessary legal foundation to make the right decisions that are in the best interest of the neighborhoods. She advised that the Raleigh Court Plan is in draft form for proposed adoption by the City Planning Commission at its meeting on April 21, and proposed adoption by City Council as a part of the Comprehensive Plan at its meeting on Monday, May 17, and following Council's approval on May 17, certain zoning changes and a zoning ordinance amendment will be requested in June or July, 1999. Ms. Lander advised that there are 45 neighborhoods in the City, it takes approximately three months to prepare a neighborhood plan, and it is hoped to prepare a neighborhood plan for all of the City's neighborhoods over a five year period. She explained that in some instances, it may be possible to combine neighborhoods and one of the key factors considered in preparing a neighborhood plan is whether a neighborhood organization exists to work with City staff. Council Member Swain requested a copy of the neighborhood plan criteria. Ms. Lander called attention to the importance of the Comprehensive Plan which accomplishes the following: consolidates the neighborhood plan, Council's vision statement and strategic planning process, the Roanoke Redevelopment and Housing Authority's Consolidated Plan, the progress of community development projects, and Roanoke Renaissance recommendations; forms a legal basis on how 3 land use and zoning decisions are made; and provides guidance on where capital improvement projects are needed. She advised that the last update of the Comprehensive Plan was prepared in 1985 and adopted in 1987, the Comprehensive Plan was reviewed in 1993, the City is approaching the year 2000 and it is in the community's best interest to completely update the plan because future issues have changed. She further advised that funds to update the Comprehensive Plan have been requested in the 1999-2000 supplemental budget and it is anticipated that the project will begin during the latter part of 1999. Ms. Duerk advised that if proposed 1-73 comes down 1-581, it will be necessary to include safeguards in the design that will help preserve and protect Roanoke's neighborhoods and the environment of the City because the proposed route will cause more noise and air pollution, etc. Mr. Bengston advised that the Virginia Department of Transportation (VDOT) has stated that additional study is needed which will delay public hearings until the latter part of 1999. Mr. Clark stated that the pros and cons of all VDOT alternatives will be reviewed, VDOT has requested input from the City, and a recommendation will not be submitted until approximately the year 2000. The Acting City Manager introduced a briefing in regard to questions raised by Council Members regarding flood related issues; whereupon, he called upon John G. Reed, Civil Engineer. Mr. Reed advised that from Roanoke's beginning, approximately 100 years ago until the early 1980's, there were no restrictions on buildings in the flood plain, consequently, many buildings (residential, commercial and industrial) were built in the City's flood plain during the first 100 years. He stated that in 1981, the first flood plain maps were created for the City of Roanoke and, in a few years, the City adopted its first flood plain ordinance which required that new construction be built so as not to be damaged by the 100 year flood. He further stated that the City's flood plain maps were updated in 1993 to reflect the actual flooding experienced in 1985 and in 1997 and the Regional Storm Water Management Plan provided more detailed mapping locations, drainage improvements and the projected increase in future flood plain depths. He advised that within the City of Roanoke, there are over 4200 acres of identified flood plain area which represents approximately 15 per cent of the total land area in the City limits, and currently 1400 homes and businesses are located in the flood plain which means that about one out of every 25 buildings is located in the flood plain. He stated that in the past 15 years, the City has taken significant steps to reduce the impact of flooding for its citizens, including widening and clearing channels, replacing bridges, buying flood plain homes, constructing regional retention basins and although much progress has been made, there are still two factors that will expand the number of properties to be impacted by future 4 flooding; i.e.: additional upstream development and additional filling in the flood plain areas. He explained that over the next 20 years, as a result of development, the City's future flood depths are projected to increase an estimated one to two feet in most of the City's watersheds and if portions of the flood plains are filled, flood depths could increase as much as one additional foot. Using Mud Lick Creek as an example because the details are similar to those that most other watersheds located in the City will experience, Mr. Reed explained that about 75 per cent of the 4600 acres of this watershed are located in Roanoke County, but it would be incorrect to blame all of the watershed problems on Roanoke County because 25 per cent or 1400 acres of this watershed are located within the City of Roanoke. He called attention to a residential development proposed along Mud Lick Creek on one of the few undeveloped parcels remaining in the watershed, along with an existing property owner, Mark Reynolds, who has experienced flooding problems and appeared before Council on several occasions to express his concerns. He presented photographs of Mr. Reynolds home during and after one of the many floods which he has experienced, and explained that this area of the City was annexed in 1943, Mr. Reynolds' home was constructed in 1957, the City's records confirm that the flooding of this property has a long history, the recently completed regional storm water management plan predicts that flooding will increase in the future, and the 100 year flood at this location is projected to increase by about two feet over the next 20 years due to upstream development. He stated that the regional plan identifies over 125 homes, city wide, that will experience the same flooding levels in the three to eight feet range, 24 homes have been identified that would have even greater flooding depths of over eight feet in a 100 year storm, which number does not include the Roanoke River that has over 200 homes in the 100 year flood plain. He advised that the proposed subdivision on Mud Lick Creek covers 11 acres, 21 residential lots, and is located one half mile downstream from the Reynolds property, and some of the flood plain issues that have been raised by the proposed development include a proposal to place fill material to prevent flooding of the sites, however, filling the lots would increase the 100 year flood levels by about one inch. Mr. Reed advised that one of the primary reasons for enacting the flood plain ordinance in the early 1980's was to allow citizens the option of purchasing flood insurance; the National Flood Insurance Program requires communities to adopt an ordinance which meets minimum standards and without the ordinance and its enforcement requirements, no citizen in the City would be eligible to purchase flood insurance; and other aspects of the flood plain ordinance address the differences between floodway and flood plain development. With regard to existing buildings in the flood plain, he noted that improvements are limited to 50 per cent of building value, or the building must be brought up to current building code requirements; all flood insurance is subsidized by the Federal Government and even though flood 5 insurance is subsidized, premiums are relatively expensive, and mortgage companies require flood insurance for flood plain properties, therefor, keeping the City's flood insurance program in compliance with Federal requirements is critical to those citizens who need to buy or sell flood plain properties. He advised that it is estimated that there are currently over 1400 flood plain buildings in the City of Roanoke, 30 per cent commercial, 70 per cent residential, and over 600 have flood insurance policies, paying in the range of $628,000.00 annually in premiums. He stated that the City recently achieved a Class 9 flood insurance rating which reduced premiums by approximately five per cent, which premiums cover about $84 million in property value and have paid out over $12.5 million in claims over the past 18 years. He explained that FEMA is now considering a policy that would not allow new flood insurance policies on properties which have repetitive flood damage and there are about 80 properties currently in the City which qualify as repetitive properties and the number could increase in the future. He stated that if FEMA's policy is adopted, the City could feel even more pressure in the future to purchase or assist those citizens who own flood plain properties. Mr. Reed advised that the magnitude of flooding issues in Roanoke should point out that the problem will not be solved with one or two projects or programs, and explained that the purpose of the briefing was not to present recommendations, but to set forth the facts and to provide options for consideration; i.e.: (1) to continue to operate according to current City ordinances and programs because significant progress has been made and the City of Roanoke has become recognized as a progressive leader in flood plain management by purchasing over 60 homes in the flood plain; and (2) to continue to create more restrictive buffer zones along creeks and rivers which will help to reduce future flooding depths, enhance water quality, and provide corridors for future greenways. Without objection by Council, the Mayor advised that the above briefings would be received and filed. At 1:55 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, April 5, 1999, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr. and Mayor David A. Bowers ............... 6. ABSENT: Council Member Linda F. Wyatt ................................................ 1. 6 OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City Manager; William X Parsons, Acting 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 Ken Studer, Pastor, Memorial Avenue Seventh-Day Adventist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS: SISTER CITIES: David K. Lisk, Executive Director, Roanoke Valley Sister Cities, Inc., presented Certificates of Appreciation to the City Manager, City Clerk and Director of Finance for their contributions to Roanoke Sister Cities. PROCLAMATIONS-HOUSING/AUTHORITY: The Mayor presented a proclamation declaring the month of April, 1999 as Fair Housing Month. (For full text, see Proclamation on file in the City Clerk's Office.) PROCLAMATIONS-COMMUNICATIONS DEPARTMENT: The Mayor presented a proclamation declaring the week of April 11 - 17, 1999, as National Telecommunicator's Week. (For full text, see Proclamation on file in the City Clerk's Office.) On behalf of the Members of Council, the Mayor presented the Public Safety Telecommunicator of the Year Award to all City of Roanoke Public Safety Telecommunicators in recognition of their determination and dedication in assisting citizens during their time of need while enduring less than ideal working conditions without affecting their professionalism and commitment to serve the community. ACTS OF ACKNOWLEDGEMENT-CITY ATTORNEY: Mr. Trout offered the following resolution recognizing and congratulating William X Parsons, Acting City Attorney, upon receipt of the Edward J. Finnegan Award for Distinguished Service from the Local Government Attorneys of Virginia, Inc., association: 7 ACTION: ACTION: (#34217-040599) A RESOLUTION recognizing and congratulating William X Parsons, Acting City Attorney, upon his receipt of the Edward J. Finnegan Award for Distinguished Service from the Local Government Attorneys of Virginia, Inc., association. (For full text of Resolution, see Resolution Book No. 61, page 446.) Mr. Trout moved the adoption of Resolution No. 34217-040599. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to three requests for Executive Session to discuss a personnel matter, specifically review and consideration of applications received for the position of City Attorney for the City of Roanoke; to consider a matter of actual litigation, specifically litigation brought against the City by a former employee; and to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the regular meetings of Council held on Monday, December 7, 1998, and Monday, December 21, 1998, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) At the request of Council Member Swain, it was the consensus of Council that the item would be removed from the Consent Agenda for separate discussion. (See page 11 .) 8 ACTION: ACTION: COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) CITY ATTORNEY-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in Executive Session to discuss a personnel matter, specifically review and consideration of applications received for the position of City Attorney for the City of Roanoke, pursuant to Section 2.1-344 (A)(I), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the Mayor to convene in Executive Session to discuss a personnel matter, specifically review and consideration of applications received for the position of City Attorney for the City of Roanoke, 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: 9 ACTION: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) CITY ATTORNEY-COUNCIL-CITY EMPLOYEES: A report of the Acting City Attorney requesting that Council convene in Executive Session to discuss and consider a matter with regard to actual litigation, specifically litigation brought against the City by a former employee, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the Acting City Attorney to convene in Executive Session to discuss and consider a matter of actual litigation, specifically litigation brought against the City by a former employee, 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 and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) ROANOKE NEIGHBORHOOD PARTNERSHIP-FIRE DEPARTMENT-CITY ATTORNEY-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: S. Elaina Loritts as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2001; John C. Moody, Jr., as a member of the Board of Fire Appeals for a term ending June 30, 2002; and William X Parsons as Acting City Attorney, effective April 1, 1999. 10 ACTION: ACTION: (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the reports of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) REGULAR AGENDA MINUTES: The Minutes of the regular meetings of Council held on Monday, December 7, 1998, and Monday, December 21, 1998, having been removed from the Consent Agenda for separate discussion, the matter was before the body. (For full text, see Minutes on file in the City Clerk's Office.) Council Member Swain requested a response to his previous inquiry of December 7, 1998, as to why the City's curfew ordinance is not strictly enforced; whereupon, the matter was referred to the Acting City Manager and the Acting City Attorney for report to Council. Mr. Harris moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Swain and adopted. SCHOOLS: On June 30, 1999, there will be two vacancies on the Roanoke City School Board for terms commencing July 1, 1999 and ending June 30, 2002. Five applications for the positions were received prior to the deadline on March 10, 1999. (One application was later withdrawn.) Pursuant to Section 9-20, Selection of Candidates for Public Interview, provides that on or before April 20 of each year Council shall, by public vote, select from the field of candidates those candidates to be accorded the public interview required by Section 9-21 of the City Code, and all other candidates shall be eliminated from the School Trustee selection process. 11 ACTION: Mr. Trout moved that Toni J. Brandon, Charles W. Day, Michael W. Ridenhour and Brian J. Wishneff be accorded the public interview by Council on Wednesday, April 21, 1999, at 6:00 p.m., in the City Council Chamber. The motion was seconded by Mr. Swain and unanimously adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: HOUSING AUTHORITY: Mr. John Richmond presented information on a new housing initiative in the Roanoke Valley, known as, "Christmas in April," through an organization that has 11 chapters currently established throughout the Commonwealth of Virginia, the purpose of which is to revitalize and to renovate existing homeowners occupied. He advised that a typical recipient of the "Christmas in April" program would be an elderly woman who is widowed and unable to improve her home or make repairs. He stated that this year a group of volunteers has undertaken to renovate four homes in the Roanoke area; i. e.: J. C. Bradford and Company, Crestar Bank, Church of the Holy Spirit, and First Baptist Church has agreed to serve as financial advisor to subsidize renovation of the homes and numerous businesses and individuals from various professions have volunteered time to assist with the project. He stated that the work date will take place on April 24 and invited the members of Council to visit one or more of the work sites. The Reverend Todd Meyer spoke in support of the "Christmas in April" program and the volunteer efforts of persons in the Roanoke area. He advised that "Christmas in April" involves not just renovating houses but rebuilding lives, and introduced a 12 minute video explaining the concept of "Christmas in April. Following viewing of the video, without objection by Council, the Mayor advised that the remarks of Mr. Richmond and Reverend Meyer would be received and filed. PETITIONS AND COMMUNICATIONS: AIRPORT-BUDGET: A communication from Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport, requesting approval of the Airport Commission's 1999-2000 proposed Operating and Capital Purchase Budget, as well as certain proposed capital expenditures for projects expected to exceed $100,000.00 in cost and intended to benefit five or more accounting periods, in accordance with requirements of 12 ACTION: the Roanoke Regional Airport Commission Act, and the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended, was before Council. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34218-040599) A RESOLUTION approving the Roanoke Regional Airport Commission's 1999-2000 proposed operating and capital budget upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 61, page 447.) Mr. Trout moved the adoption of Resolution No. 34218-040599. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) Mr. Trout requested that Council be provided with a copy of the Annual Financial Report of the Roanoke Regional Airport. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: APPALACHIAN POWER COMPANY-UTILITIES-AMERICAN ELECTRIC POWER: The City Manager submitted a written report advising that the current three year agreement between the City and other southwestern Virginia jurisdictions expires on June 30, 1999; the agreement may be extended on a year to year basis, unless either party gives a 90-day notice before the end of any term that party wishes to re- negotiate electrical rates; a Steering Committee, formed jointly by the Virginia Municipal League and the Virginia Association of Counties, met on March 10, 1999, to review agreement options and the status of 13 ACTION: electrical rate deregulation; and the Steering Committee voted to give American Electric Power (AEP) a 90-day notice that it wished to open negotiations. It was further advised that the Steering Committee also agreed to continue to use the legal counsels of the Virginia Municipal League (VML) and the Virginia Association of Counties (VACO) and, through legal counsel, to engage the services of a rate expert; VML and VACO will estimate the expenses of negotiations and submit a letter request to each jurisdiction for an appropriation to fund each jurisdiction's pro rata share (based on electrical usage) of negotiations; the City's share in the 1996-97 negotiations was $23,086.00, which request for funds will be presented to Council upon receipt; and the next Steering Committee meeting is scheduled for May 19, 1999, which is after the rate expert and legal counsel have met with AEP representatives. (For full text, see report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the briefing would be received and filed. Mr. White requested that the City Administration encourage citizens to report street light outages by providing the necessary information on the City Page of The Roanoke Times, RVTV Channel 3, the City's web page, etc. Without objection by Council, the Mayor advised that the briefing would be received and field. Mr. White requested that the City Administration encourage citizens to report street light outages by providing the necessary information on the City Page of The Roanoke Times., RVTV Channel 3, the City's web page, etc. Without objection by Council, the Mayor advised that the briefing would be received and field. ITEMS RECOMMENDED FOR ACTION: BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that the City of Roanoke receives entitlement funds each year under the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs of 14 the U. S. Department of Housing and Urban Development (HUD); for nearly two decades, the Northwest Neighborhood Environmental Organization, Inc., (NNEO) has received HUD funding from the City to conduct housing and other community development projects in the Gilmer neighborhood area; and Council authorized $339,900.00 in CDBG and HOME funds for NNEO as part of the Consolidated Plan Annual Update (Annual Update) approved for submission to HUD on May 11, 1998, pursuant to Resolution No. 33830-051198, which funds were to assist NNEO's "New Gilmer Phase I" project involving construction of approximately seven houses, development of neighborhood physical plan, and NNEO operating costs. It was further advised that 532 Loudon Avenue is a commercial property critical to NNEO's long-term plans for developing the Gilmer neighborhood; NNEO plans to acquire and rehabilitate the structure at a later date to provide ten units of special-needs housing; NNEO obtained a purchase option on the property and, in order to avoid losing the opportunity, obtained interim private financing to complete the transaction; NNEO is now seeking the City's financial assistance to take out the interim financing which will alleviate the strain on NNEO's resources caused by purchasing the property ahead of schedule; and $60,000.00 in CDBG funds has been requested by NNEO, including $49,000.00 for purchase and closing costs, $1,500.00 for Phase I environmental study, and up to $9,500.00 for removing an underground storage tank and additional asbestos assessments. The City Manager recommended that he be authorized to execute Amendment No. 1 to the 1998-99 NNEO Subgrant Agreement, approved as to form by the City Attorney; and further authorize the transfer of $60,000.00 in CDBG funds, as follows: $60,000.00 from CDBG Contingency Funds, Account No. 035-098-9840-5300, to NNEO Project, Account No. 035-098- 9820-5202. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#34219-040599) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund Appropriations, and providing for an emergency. 15 ACTION: ACTION' (For full text of Ordinance, see Ordinance Book No. 61, page 447.) Mr. White moved the adoption of Ordinance No. 34219-040599. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) Mr. White offered the following resolution: (#34220-040599) A RESOLUTION authorizing execution of Amendment No. 1 to the 1998-99 Subgrant Agreement between the City and the Northwest Neighborhood Environmental Organization, Inc. ("NNEO"), dated July 1, 1998, for funding of the "New Gilmer Phase I" Project and Gilmer Plan. (For full text of Resolution, see Resolution Book No. 61, page 448.) Mr. White moved the adoption of Resolution No. 34220-040599. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) BUDGET-ROANOKE CIVIC CENTER-EQUIPMENT: The City Manager submitted a written report advising that the contractor for Change Order No. 1 for the Roanoke Civic Center for replacing fire alarms and temperature controls is Landis & Staefa, Inc., in the amount of $624,888.00; and the contract consists of replacement of mechanical and electrical controls on the heating/cooling systems at the Civic Center and replacing, updating and supplementing the present fire alarm control system. 16 ACTION: It was further advised that changes have been made to the original contract due to a difference in the interpretation of the codes that apply to fire suppression systems and project specifications; and total amount of Change Order No. I is $25,819.00. The City Manager recommended that he be authorized to issue Change Order No. 1 to the contract with Landis & Staefa, Inc., in the amount of $25,819.00 and no additional construction time, for a total contract amount of $650,707.00; and that the Director of Finance be authorized to transfer $25,819.00 from the 1996 bond fund, Account No. 008-052-9701-9183, to project Account No. 008-056-9655-9001. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34221-040599) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 449.) Mr. Harris moved the adoption of Ordinance No. 34221-040599. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) Mr. Harris offered the following emergency ordinance: (#34222-040599) AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 1 to the City's contract with Landis & Staefa, Inc., for the replacement of the fire alarm and temperature control systems at the Roanoke Civic Center; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 450.) 17 ACTION: Mr. Harris moved the adoption of Ordinance No. 34222-040599. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) PURCHASE/SALE OF PROPERTY-BUDGET-INDUSTRIES- ECONOMIC DEVELOPMENT-ZONING: The City Manager submitted a written report advising that the Roanoke Centre for Industry and Technology (RClT) has been extremely successful in encouraging industry to locate in the City of Roanoke; the original site has been supplemented by additional land acquisitions; the City of Roanoke has been negotiating with Emma Read Oppenheimer, property owner of 56 acres of land on Read Mountain adjacent to RClT, Official Tax No. 7320101, for purchase of the property by the City for industrial development purposes; a purchase agreement providing for acquisition of the property by the City for $12,300.00 per acre, or approximately $688,800.00, has been drafted; and meetings have been held with five families in the immediate vicinity of the project by the Chief of Economic Development to explain the City's interest in the land and all parties have either been supportive or voiced no opposition. The City Manager recommended that he be authorized to execute the necessary documents, in a form to be approved by the Acting City Attorney, including the Purchase Agreement, to acquire the property; that Council appropriate $710,000.00 from Undesignated Capital Funds to an account to be established by the Director of Finance entitled, "RCIT - Read Mountain Addition"; and further authorize the City Manager to file a petition to rezone the property from RA to LM, and procurement of a survey, testing, and title report. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34223-040599) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital Projects Fund Appropriations, and providing for an emergency. 18 ACTION: ACTION: (For full text of Ordinance, see Ordinance Book No. 61, page 451.) Mr. Trout moved the adoption of Ordinance No. 34223-040599. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) Mr. Trout offered the following emergency ordinance: (#34224-040599) AN ORDINANCE providing for the acquisition of certain real estate located in the City and identified by Roanoke City Tax Map No. 7320101, upon certain terms and conditions; authorizing the City to petition for rezoning of said property; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 452.) Mr. Trout moved the adoption of Ordinance No. 34224-040599. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) BUDGET-EQUIPMENT-CMERP: The City Manager submitted a written report advising that the Current Year Capital Maintenance and Equipment Replacement Program has identified the need to replace certain vehicles in the departments of Building Inspections, Public Works, Social Services and Police; whereupon, the City Manager recommended that Council authorize purchase of the following vehicular equipment: 19 ACTION: 1 - New Four-Wheel Drive Utility Vehicle from Berglund Ford, Inc., for a total cost of $21,454.25. 5 - New Four-Door Sedans from Magic City Motor Corporation, for a total cost of $70,718.00. 3 - New Four-Door Sedans for Police Services from Magic City Motor Corporation, for a total cost of $48,655.20. Reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#34225-040599) A RESOLUTION accepting bids made to the City for furnishing and delivering vehicles, upon certain terms and conditions; and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 61, page 453.) Mr. Swain moved the adoption of Resolution No. 34225-040599. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a written report advising that the Bureau of Justice Assistance (BJA), a component of the U. S. Department of Justice, provides funding for innovative programs which strengthen the nation's criminal justice system; concept papers soliciting proposed responses to specific criminal justice issues were requested by BJA in the spring of 1998; and a concept paper on the topic of "Cultural Barriers to Justice" was submitted by the Police Department's Crime Prevention Unit. 20 It was further advised that Roanoke's Vietnamese community now represents approximately two per cent of its population; the 2,000 Vietnamese refugees represent the largest of Roanoke's refugee populations; Vietnamese traditions and language barriers have resulted in misunderstandings of the role of government agencies among some refugees; and the Refugee and Immigration Services, Catholic Diocese of Richmond, and the Vietnamese community were involved in the development of the concept paper. It was explained that the Bureau of Justice Assistance approved an award of $99,072.00 to the City of Roanoke on February 19, 1999, to support two grant positions, which grant term extends until June 30, 2000; no local match is required for discretionary grants under the program, and the City is eligible to accept the grant and appropriate funds in compliance with grant provisions and the City Code; the Police Department has requested that the BJA grant be accepted and that funds be appropriated to employ two Community Resource Specialists in grant positions to develop improved relationships with the Southeast Asian community; and grant funds would also provide for necessary supplies and Southeast Asian cultural training for police employees. The City Manager recommended that Council authorize acceptance of funds from the Bureau of Justice Assistance Discretionary Grant Program; that the City Manager be authorized to execute all appropriate documents to accept funds; and that $99,072.00 appropriated to accounts to be established by the Director of be Finance. Salaries (035-050-3314-1002) FICA (035-050-3314-1120) 3,470.00 ICMA Contribution (035-050-3314-1115) 3,716.00 Medical Insurance (035-050-3314-1225) 3,816.00 Dental Insurance (035-050-3314-1126) 340.00. Benefits Subtotal 11,342.00 $ 41,298.00 11,342.00 Equipment (computers & language software)(035-050-3314-2035) 12,816.00 Supplies (office & training materials) (035-050-3314-2030) 10,525.00 Contractual Training (035-050-3314-2010) 19,320.00 Training (035-050-3314-2044) 3,771.00 Total $ 99,072.00_ Increase the following grant fund revenue estimate: 21 ACTION: Federal Grant Receipts (035-050-3314-3314) $99,072.00 (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34226-040599) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 454.) Mr. Hudson moved the adoption of Ordinance No. 34226-040599. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. ACTION: (Council Member Wyatt was absent.) Mr. Hudson offered the following resolution: (#34227-040599) A RESOLUTION authorizing the acceptance of a grant to the City of Roanoke by the Bureau of Justice Assistance of the United States Department of Criminal Justice Services Discretionary Grant Program; and authorizing execution of any required documentation on behalf of the City by the City Manager. (For full text of Resolution, see Resolution Book No. 61, page 456.) Mr. Hudson moved the adoption of Resolution No. 34227-040599. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) 22 POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a written report advising that the Virginia Department of Criminal Justice Services (DCJS) provides annual grant funding for activities which increase apprehension, prosecution, and adjudication of persons committing violent crimes against women, which program is known as Services, Training, Officers, Prosecution Violence Against Women (VSTOP); the Roanoke City Police Department currently has no specialized domestic violence response unit; felony domestic violence crimes are investigated by the Criminal Investigations Bureau, while most misdemeanor domestic violence crimes are investigated by the patrol officer who receives the initial report; application for $29,257.00 to develop a domestic violence unit under the grant program was authorized pursuant to Resolution No. 34005-090898 and was made on September 17, 1998; and V-STOP applications require evidence of cooperative agreements between law enforcement, prosecutors, victim/witness programs, domestic violence programs, and sexual assault centers, which cooperative agreements are in place. It was further advised that the Department of Criminal Justice Services has notified the City of Roanoke that it is eligible for $18,322.00 under the program; program award would require a local cash or in-kind match amount of at least 25 per cent of the combined funding; State reduction of the requested funding can provide for a half-time grant position to provide support to victims and to assist in identifying, tracking, and reporting of domestic violence offenders; a local match of $18,987.00 would be provided as an in-kind contribution of the salary and benefits of an existing Senior Police Officer position to work part-time on investigating domestic violence cases in coordination with the new part-time civilian position which represents a match of 50 per cent of the combined program expense of $37,309.00; V-STOP funding will continue through 2001 and is anticipated to be extended through 2003; and appropriation of funds is requested to provide for creation of the Domestic Violence Coordinator position. The City Manager recommended that Council appropriate funds from the Department of Criminal Justice Services V-STOP grant program to accounts to be established by the Director of Finance. Salary (035-050-3315-1004) $ 9,352.00 FICA (035-050-3315-1120) 760.00 Training (035-050-3315-2044) 1,600.00 Equipment (035-050-3315-90t5) 3,221.00 Supplies (035-050-3315-2030) 3 389.00 $18,322.00 23 ACTION: Increase the following grant fund revenue estimate: State Grant Receipts $18,322.00 (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34228-040599) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 456.) Mr. Hudson moved the adoption of Ordinance No. 34228-040599. The motion was seconded by Mr. Swain and adopted by the following vote: YES Council Members Harris, Hudson, Swain, Trout, White and A : ........................ 6. Mayor Bowers ..................................................... NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) POLICE DEPARTMENT-CITY EMPLOYEES: The City Manager submitted a written report advising that polygraph examiners must receive formal training and participate in an intern program to comply with the Virginia State Code; a polygraph examiner candidate needs approximately five years of training and experience before becoming proficient in the field; and the City invests approximately $10,000.00 toward the training of a polygraph examiner before a return on the investment is realized. It was further advised that polygraph examiner training is a skill which is marketable to other law enforcement agencies; an officer who had been trained as a polygraph examiner, without an employment contract, left the Roanoke City Police Department for other employment within two years of receiving the training; a polygraph examiner employment agreement will ensure that the City is reimbursed on a pro- 24 ACTION: ated basis for the cost of training if the employee leaves the department within five years; and the Police Department is in need of an additional polygraph examiner at the present time, and the need will arise in the future when trained examiners retire or resign from the City. The City Manager recommended that he be authorized to execute an employment agreement, approved as to form by the City Attorney, prior to polygraph examiner training of the current selectee for such training and for future trainees. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#34229-040599) A RESOLUTION authorizing the City Manager to execute employment agreements to provide for polygraph examiner training. (For full text of Resolution, see Resolution Book No. 61, page 458.) Mr. Harris moved the adoption of Resolution No. 34229-040599. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) BUILDINGS/BUILDING DEPARTMENT-BUDGET: The City Manager submitted a written report advising that maintenance, repairs, rehabilitation, and replacement needs have grown faster than the City's ability to keep pace; and the City must plan for the future and apply limited resources in a manner that will ensure the most effective use of available resources. It was further advised that in June 1998, the Building Maintenance and Engineering Departments submitted a request for Capital Maintenance and Equipment Replacement Program funding to inventory, inspect, and prepare a ten year Maintenance, Rehabilitation, and Replacement Program for over 168 City-owned and/or leased 25 ACTION: buildings; funding in the amount of $100,000.00 was made available in October, 1998; an advertisement of Public Notice to seek Consultant Services for the Organization and Implementation of a Building Inspection Program was properly advertised on November 15, 1998; and a proposal was received from Balzer and Associates, Inc., which was reviewed by a selection committee; and Balzer and Associates, Inc., was determined to be well qualified for the project. It was explained that contract negotiations are complete and a lump sum agreement has been reached with Balzer and Associates, Inc., in the amount of $95,000.00; the contract provides for inspection of 24 City-owned buildings; and the remaining 144 City-owned and/or leased buildings will be inspected as funding becomes available; the following areas of each building will be inspected: roofs, electrical, heating and air conditioning, space utilization, lighting, structural and modernization; and the consultant will assist the City with prioritizing the work through development of criteria for a ten year physical and professional needs plan, develop cost estimates, and assist in program development. The City Manager recommended that he be authorized to enter into a lump sum contract, in a form to be approved by the City Attorney, with Balzer and Associates, Inc., in the amount of $95,000.00; and that Council authorize transfer of $100,000.00 from CMERP to a capital account to be established by the Director of Finance entitled, "Building Inspection Program." (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34230-040599) AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and Capital Projects Funds, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 458.) Mr. Harris moved the adoption of Ordinance No. 34230-040599. The motion was seconded by Mr. Swain and adopted by the following vote: 26 ACTION: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) Mr. Harris offered the following emergency ordinance: (#34231-040599) AN ORDINANCE accepting the bid of Balzer and Associates, Inc., for providing consulting services in connection with the Building Inspection Program for City-owned and/or leased facilities, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such services; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 460.) Mr. Harris moved the adoption of Ordinance No. 34231-040599. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) PUBLIC WORKS-SNOW REMOVAL: The City Manager submitted a written report advising that snow storms occurred in the Roanoke Valley on December 23 and 31, 1998, January 2 and 6, 1999, February 1, 19, and 23, 1999, and March 9 and 13, 1999, depositing nearly 17 inches of snow and/or ice at the Roanoke Regional Airport; the 1998-99 budget included $96,523.00 for snow removal from City streets and rights-of- way for overtime salaries, supplies, and chemicals; operating accounts in various departments are used for regular salary and equipment costs; 1998 CMERP provided $105,650.00 in additional funds to purchase snow equipment parts, salt spreaders, and an additional 1,000 tons of salt; and prior year encumbrances included $21,398.00 in chemicals and expendable equipment accounts. 27 ACTION: It was further advised that approximately 2,237 hours of regular time and 3,383 hours of overtime were expended plowing and spreading chemicals on streets and keeping equipment in service, etc, with overtime salary cost to date at approximately $118,327.00; City equipment was operated for 4,350 hours at a cost of approximately $53,011.00 for parts, supplies and additional equipment; 2,288 tons of rock salt was spread on streets and bridges at a cost of approximately $128,525.00; and total cost to the City for snow removal efforts during 1998-99 was approximately $299,863.00. The City Manager recommended that Council authorize transfer of $76,292.00 from the General Fund Contingency, Account No. 001- 002-9410-2199, to the following accounts: 001-052-4140-1003 $69,974.00 Overtime 001-052-4140-1120 5,293.00 FICA ~ Expendable Equipment 001-052-4140-2035 $76,292.00 (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34232-040599) AN ORDINANCE to amend and reordain certain sections of the 1998-99 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 461.) Mr. Harris moved the adoption of Ordinance No. 34232-040599. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) DIRECTOR OF FINANCE: 28 ACTION: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of February, 1999. (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the Financial report would be received and filed. REPORTS OF COMMITTEES: CITY MANAGER-COUNCIL-CONSULTANTS REPORTS: Council Member W. Alvin Hudson, Jr., Chairperson, City Manager Executive Search Firm Subcommittee, presented a written report on behalf of the Committee, advising that W. Robert Herbert, City Manager, will retire from his position, effective April 9, 1999; Council expressed a desire to hire an executive search firm in order to help attract the best available talent for this important vacancy; and a subcommittee of Council was appointed to recommend a search firm to be used to conduct the executive search which includes Council Members W. Alvin Hudson, Chairman, Carroll E. Swain and James O. Trout. It was further advised that a letter was forwarded to six search firms requesting proposals; all six firms submitted proposals for consideration, which were opened on March 22, 1999; and the Executive Search Firm Subcommittee reviewed the proposals individually and held a public meeting on Monday, March 29, 1999, to discuss proposals and to reach a consensus on the firm to be recommended to the full Council. The Executive Search Firm Subcommittee recommended that Council authorize award of a contract for City Manager Executive Search Services to The Mercer Group, Inc., based on overall qualifications of the firm and competitive fees charged for services. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#34233-040599) A RESOLUTION authorizing a contract between the City and The Mercer Group, Inc., for the provision of services with regard to selection of a new City Manager. 29 ACTION' (For full text of Resolution, see Resolution Book No. 61, page 462.) Mr. Hudson moved the adoption of Resolution No. 34233-040599. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) ROANOKE CIVIC CENTER: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for roof replacement/asbestos abatement at the Roanoke Civic Center; and recommended that Council authorize the City Manager to reject all bids received by the City, instruct the City's consultant, HDH Associates, P. C., to strengthen and revise the contract documents, and readvertise the project for bids. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#34234-040599) A RESOLUTION rejecting all bids for the Roanoke Civic Center Roof Replacement/Asbestos Abatement Project. (For full text of Resolution, see Resolution Book No. 61, page 462.) Mr. Swain moved the adoption of Resolution No. 34234-040599. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. 3O ACTION: (Council Member Wyatt was absent.) SCHOOLS-WATER RESOURCES: Council Member James O. Trout, Vice-Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to advertising a public hearing before Council to authorize the City Manager to execute the appropriate document granting a 20-foot drainage easement to Shenandoah, L. P., across City-owned property at the rear of Forest Park Elementary School. A staff report advised that Forest Park Elementary School is located at the corner of Melrose Avenue and Forest Park Boulevard, N. W.; an adjacent property owner desires to develop approximately 70 apartments and town homes; a 20-foot drainage easement has been requested across the back of school property by LMW, P. C., on behalf of its client; the property owner has been advised of the requirement to maintain and, if necessary, to relocate the drainage facilities one time at the sole expense of the grantee; and the Roanoke City School Board has approved the request for an easement across Forest Park Elementary School property. The Water Resources Committee recommended that Council authorize the City Manager to take appropriate action to advertise a public hearing and, lacking any comments to the contrary, execute the appropriate document, in a form to be approved by the Acting City Attorney, granting a 20-foot drainage easement to Shenandoah, L. P., across City-owned property, in accordance with conditions stated in the report. (For full text, see reports on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the recommendation of the Water Resources Committee and advertise a public hearing to be held on Monday, April 19, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard. The motion was seconded by Mr. Harris and unanimously adopted. WATER RESOURCES: Council Member James O. Trout, Vice- Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, recommending that the following conservation measures be approved in connection with the Iow water level at Carvins Cove Reservoir, as more fully described in a staff report dated March 15, 1999: 31 Council request all citizens being supplied with Roanoke City water to use prudent restraint of water usage so as to voluntarily conserve water with the goal of reducing their usage by at least ten per cent. Council authorize the revocation of all permits for sewage charge exemption meters used to measure water for irrigation or swimming pools, effective May 1, 1999, until such time as the Carvins Cove Reservoir is full, at which time the Committee will consider whether or not to recommend reinstatement of the exemption permits. A notice to all affected users will be mailed upon Council's approval of the permit revocation. Staff review the 1981 Council approved water conservation plan and present a timely plan of action to the Water Resources Committee to recommend to Council for action should the level of water in Carvins Cove reach 28 feet below the spillway crest elevation. (For full text, see reports on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34235-040599) A RESOLUTION urging that all customers being supplied with Roanoke City water use appropriate restraint of water usage so as to voluntarily conserve water with the goal of reducing usage by at least ten per cent effective immediately; and requesting that the City Manager review the 1981 Council approved water conservation plan and present a timely plan of action to the Water Resources Committee to recommend to Council for action should the level of water in Carvins Cove reach 28 feet below the spillway crest elevation. ACTION: (For full text of Resolution, see Resolution Book No. 61, page 463.) Mr. Trout moved the adoption of Resolution No. 34235-040599. The motion was seconded by Mr. Harris and adopted by the following vote: 32 ACTION: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) Mr. Trout offered the following emergency ordinance: (#34236-040599) AN ORDINANCE temporarily suspending §26-27 of the Code of the City of Roanoke, (1979), as amended; authorizing the City Manager to revoke any permits, exemptions, or credits issued pursuant to §26-27 of the City Code; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 464.) Mr. Trout moved the adoption of Ordinance No. 34236-040599. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) SPECIAL PERMITS-WATER RESOURCES: Council Member James O. Trout, Vice-Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, in connection with a conditional permit to the owner of property located at 2202 Stephenson Avenue, S. W., for encroachment of a paved parking area ten feet into the public right-of-way of Stephenson Avenue, S. W. A staff report advised that permission for parking areas, fences, decorative walls or planters, or various other structures that encroach into the public right-of-way is a request made by property owners to the City from time to time; and the City adopted a policy prohibiting new encroachments of this type into the public right-of-way in August 1986. It was further advised that the owner of property located at 2202 Stephenson Avenue, S. W., has requested a conditional permit to allow a paved parking area in front of the property to remain; the parking area 33 ACTION: encroaches approximately ten feet into the public right-of-way of Stephenson Avenue, S. W. and extends to the edge of the pavement; and zoning restrictions (RM-1) require that in any yard which abuts a public street, the parking area shall be located no closer than eight feet to the property line. The Water Resources Committee recommended that Council adhere to its standard policy and deny a conditional permit to the owner of property located at 2202 Stephenson Avenue, S. W., Official Tax No. 1050228, to allow the paved parking area encroaching approximately ten feet into the right-of-way of Stephenson Avenue, S. W., to remain. (For full text, see reports on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the report would be received and filed. PURCHASE/SALE OF PROPERTY-HOUSING/AUTHORITY-WATER RESOURCES: Council Member James O. Trout, Vice-Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to conveyance of certain property located on McDowell Avenue, N. W., to the City from the Roanoke Redevelopment and Housing Authority for construction of a new sign at the entranceway of the Historic Gainsboro District. A staff report advised that the recent completion of the Second Street Bridge/Gainsboro Road project has opened a new "entranceway" from Orange Avenue into the downtown area, which brings people through the historic Gainsboro area of the City; the area is identified by large brick signs located at the corner of Gainsboro Road/Wells Avenue and at the corner of Wells Avenue/Commonwealth Avenue; a third sign, located at the corner of Gainsboro Road/McDowell Avenue, N. W., is smaller and is constructed of wood, which is not consistent with the new signs; a new sign to replace the smaller wooden sign needs to be constructed to aesthetically complete the project; and the Roanoke Redevelopment and Housing Authority (RRHA), pursuant to Resolution No. 3100, has offered to donate to the City the property on which the third sign is located to enable the sign to be replaced with a sign similar to those constructed as a part of the Second Street/Gainsboro Road Project. 34 The Water Resources Committee recommended that Council authorize the City Manager to take appropriate action to accomplish the fee simple acquisition of property identified as Official Tax No. 2022611, in a form to be approved by the Acting City Attorney. (For full text, see reports on file in the City Clerk's Office.) Mr. Trout moved that the following ordinance be placed upon its first reading: "AN ORDINANCE authorizing the acceptance of a donation and conveyance of certain property identified by Roanoke City Tax No. 2022611, located on McDowell Avenue, N. W., to the City from the Roanoke Redevelopment and Housing Authority for the construction of a new sign at the entranceway of Historic Gainsboro District, authorizing preparation of the appropriate documents, upon certain terms and conditions." The motion was seconded by Mr. Harris. It was clarified that the ordinance will address the conveyance of the land, but will not approve the purchase of the sign. The Acting City Manager advised that as a part of discussions in regard to road improvements in the area, there was agreement by the City Administration to recommend three signs on the major entrances into the Gainsboro neighborhood: one sign has already been erected on Wells Avenue, one sign has been erected in the Second Street/Gainsboro Road area, and the request currently before Council would provide the land upon which to construct the third sign which is envisioned to be erected entering the neighborhood from Orange Avenue south to Gainsboro Road. Mr. Swain inquired if the $39,000.00 could be used for a purpose with a higher priority in the Gainsboro community. The Director of Finance expressed concern as to whether Council would be setting a precedent for similar requests for signs by other neighborhoods. 35 Mr. Swain requested that Council be provided with a list of high priority items that need to be completed in the Gainsboro area; whereupon, he moved that action on the report of the Acting City Manager be tabled. The motion was seconded by Mr. Hudson and unanimously adopted. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ACTION: PURCHASE/SALE OF PROPERTY-CITY PROPERTY: Ordinance No. 34213, authorizing the exchange of certain City-owned property along Tinker Creek, Official Tax No. 3250801, in the vicinity of Sand Road, N. E., for certain adjacent property owned by Robert M. Callahan and Carolyn H. Callahan, upon certain terms and conditions, having previously been before the Council for its first reading on Monday, March 15, 1999, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: (#34213-040599) AN ORDINANCE authorizing the exchange of certain City-owned property along Tinker Creek in the vicinity of Sand Road, N. E., for certain adjacent property owned by Robert M. Callahan and Carolyn H. Callahan, upon certain terms and conditions, and authorizing the City Manager to sign the necessary documents to effect this exchange. (For full text of Ordinance, see Ordinance Book No. 61, page 445.) Mr. Harris moved the adoption of Ordinance No. 34213-040599. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) 36 ACTION: COUNCIL-DECEASED PERSONS: Mr. Trout offered the following resolution memorializing the late James Ellyson ("Jimmy") Jones, a former member of Roanoke City Council from September 1962 to January 1969: (#34237-040599) A RESOLUTION memorializing the late James Ellyson ("Jimmy") Jones. (For full text of Resolution, see Resolution Book No. 61, page 466.) Mr. Trout moved the adoption of Resolution No. 34237-040599. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) YOUTH-COUNCIL: Mr. Harris offered the following resolution changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, April 19, 1999 to 12:00 noon on Monday, April 19, 1999, in the Roanoke Ballroom, at the Hotel Roanoke & Conference Center, 110 Shenandoah Avenue, N. W., with the 2:00 p.m. session of Council on the same date to be held in the City Council Chamber, 215 Church Avenue, S. W.: (#34238-040599) A RESOLUTION changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, April 19, 1999. (For full text of Resolution, see Resolution Book No. 61, page 467.) Mr. Harris moved the adoption of Resolution No. 34238-040599. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. 37 (Council Member Wyatt was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: COMPLAINTS-REFUSE COLLECTION: Council Member Swain referred to recent correspondence from the City Administration which states that certain City employees may be empowered by the Circuit Court to issue citations in regard to improper use of trash receptacles. He requested that City staff also be empowered to issue citations for use of improper refuse containers and accumulation of trash on lawns and around trash receptacles, etc. TAXES-COUNCIL: Council Member Swain referred to a newspaper article that appeared in The Roanoke Times on March 21, 1999, which stated that Council would not be making a financially responsible decision if it votes to decrease the real estate tax rate by one cent. He stated that he considers himself to be a financially responsible person and would request that the news media be open minded and look at all sides of the issues. PURCHASE/SALE OF PROPERTY-BUDGET-INDUSTRIES- ECONOMIC DEVELOPMENT-ZONING: Earlier in the meeting, Council approved purchase of certain land located on Read Mountain adjacent to the Roanoke Centre for Industry and Technology for industrial development purposes; whereupon, it was the consensus of Council that the question of preparing the new site and the last remaining land in the original Roanoke Centre for Industry and Technology for industrial development purposes would be referred to the Acting City Manager for report to Council. CITY MANAGER-COUNCIL-CONSULTANTS REPORTS: Following discussion, Mr. White moved that the Sub-committee composed of Council Members W. Alvin Hudson, Jr., Chair, Carroll E. Swain and James O. Trout continue to serve on an interim basis as liaison between City Council and The Mercer Group, Inc., in connection with executive search services for the position of City Manager, with periodic follow-up reports to Council. The motion was seconded by Mr. Hudson and adopted. At 4:40 p.m., the Mayor declared the meeting in recess. 38 ACTION: ACTION: At 5:10 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 Council Member Wyatt. COUNCIL: With respect to the Executive Session just concluded, Mr. Harris moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, and Mayor Bowers ............................................................................. 5. NAYS: None ........................................................................ 0. (Council Member White was out of the Council Chamber and Council Member Wyatt was absent.) 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 Martha P. Franklin, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of Donna S. Johnson. There being no further nominations, Ms. Johnson was appointed as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2000, by the following vote: FOR MS. JOHNSON: Council Members Harris, Hudson, Swain, Trout, and Mayor Bowers ............................................................. 5. (Council Member White was out of the Council Chamber and Council Member Wyatt was absent.) OATHS OF OFFICE-COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The Mayor advised that there is a vacancy on the Hotel Roanoke Conference Center Commission created by the resignation of W. Robert Herbert, and called for nominations to fill the vacancy. 39 ACTION: ACTION: ACTION: Mr. Harris placed in nomination the name of James D. Ritchie, Sr. There being no further nominations, Mr. Ritchie was appointed as a Commissioner to the Hotel Roanoke Conference Center Commission, for a term ending April 12, 2003, by the following vote: FOR MR. RITCHIE: Council Members Harris, Hudson, Swain, Trout and Mayor Bowers ............................................................... 5. (Council Member White was out of the Council Chamber and Council Member Wyatt was absent.) OATHS OF OFFICE-COMMITTEES-COMMUNITY PLANNING: The Mayor advised that there is a vacancy on the Fifth Planning District Commission created by the resignation of John R. Marlles, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Evelyn S. Lander. There being no further nominations, Ms. Lander was appointed as a member of the Fifth Planning District Commission, for a term ending June 30, 2000, by the following vote: FOR MS. LANDER: Council Members Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 5. (Council Member White was out of the Council Chamber and Council Member Wyatt was absent.) OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 5:15 p.m., the Mayor declared the meeting in recess. At 5:55 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Wyatt. COUNCIL: With respect to the Executive Session just concluded, Mr. Harris moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom 4O of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent.) The Mayor referred to one security matter that be discussed with the Assistant City Manager and the Acting City Attorney. There being no further business, the Mayor declared the meeting adjourned at 5:57 p. m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 41 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL April 19, 1999 12:00 noon The Council of the City of Roanoke met in regular session on Monday, April 19, 1999, at 12:00 noon, in the Hotel Roanoke & Conference Center, Roanoke Ballroom, 110 Shenandoah Avenue, N. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Resolution No. 34238-040599, adopted on April 5, 1999. PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, Linda F. Wyatt, C. Nelson Harris and Mayor David A. Bowers ......................................... 5. ABSENT: Council Members James O. Trout and William White, Sr.- ........... 2. OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William X Parsons, Acting City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. YOUTH: The Members of Council and City staff participated in 1999 Student Government Day activities. At 1:30 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, April 19, 1999, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr. (entered the meeting at 2:35 p.m.), Linda F. Wyatt, C. Nelson Harris and Mayor David A. Bowers ................................................................... 7. ABSENT: None ...................................................................................... 0. OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William X Parsons, Acting City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Vice-Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PROCLAMATIONS-YOUTH: Monday, April 19, 1999, was Student Government Day, at which time students from Patrick Henry and William Fleming High Schools, CITY School and the Governor's School were invited to spend the day with the Members of City Council and other City officials to learn about Roanoke City Government activities and programs. The Mayor presented a Proclamation designating April 19 as Student Government Day 1999, and also presented Student Government Day T-shirts to all participants. 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 Executive Session to discuss acquisition of real property for public purpose, specifically property for an entranceway park. MINUTES: Minutes of the regular meetings of Council held on Monday, January 4, 1999; the Financial Planning Session held on Saturday, January 16, 1999; and the regular meeting held on Tuesday, January 19, 1999, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) ACTION: 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 Hudson, Swain, Trout, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member White was absent.) 2 ACTION: COUNCIL-WATER RESOURCES: A communication from Council Member Linda F. Wyatt, Chairperson, Water Resources Committee, requesting that Council convene in Executive Session to discuss a matter regarding acquisition of real property for public purpose, specifically property for an entranceway park, pursuant to Section 2.1- 344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the request of the Water Resources Committee to convene in Executive Session to discuss a matter regarding acquisition of real property for public purpose, specifically property for an entranceway park, pursuant to Section 2.1- 344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member White was absent.) AIRPORT-PENSIONS-CITY MANAGER-OATHS OF OFFICE- COMMITTEES: The following reports of qualification were before Council: ACTION: James M. Turner, Jr., as a member of the Roanoke Regional Airport Commission for a term ending March 9, 2003; Donna S. Johnson as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2000; and James D. Ritchie, Sr., as Acting City Manager, effective April 9, 1999, at 5:00 p.m. (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: 3 AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member White was absent.) REGULAR AGENDA (Council Member White entered the meeting at 2:35 p.m.) HEARING OF CITIZENS UPON PUBLIC MATTERS: SCHOOLS: Phyllis K. Runyon, Public Information Officer, Roanoke City Public Schools, participated in a briefing on the Teen Outreach Program (TOP). She advised that TOP is operated by Family Services of the Roanoke Valley, and involves career development, career awareness and life skills development for students in grades 9 - 12, and provides a service learning opportunity for students that can be applied to volunteer work in the community by taking classroom content into real life experiences. She advised that the course offers goal setting, communication, decision making skills, career exploration and enhances student self-esteem. Dr. Sherry Hartman, Director, Teen Outreach Program, introduced volunteers from Norfolk Southern Railway and Carilion Health Systems. She advised that TOP has been in existence for ten years and is made possible by a United Way agency, Family Services of the Roanoke Valley working in conjunction with the Roanoke City Public Schools. She stated that TOP operates through both public funding and private funding from Carillon Health Systems and the Thurman Foundation, and TOP relies on teen volunteerism to make a difference in the lives of students by building on the strengths of students in order to provide for a better future for the community. She advised that the philosophy of TOP is to rally around the schools and to rally around the students and their families in an effort to promote a positive sense of self worth and value to the community. Students from Patrick Henry and William Fleming High Schools and James Madison Middle School addressed Council in regard to their personal experiences in the Teen Outreach Program including tutoring, volunteering, goal setting, employment, violence prevention, teen pregnancy issues, and conflict resolution. 4 Without objection by Council, the Mayor advised that the briefing would be received and filed. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. $494,182.00 from the 1998-99 Capital Maintenance and Equipment Replacement Fund to provide classroom and library furniture and a language laboratory at the renovated Addison Middle School, and microscopes at the high schools. $1,250,000.00 from 1997 Capital Bond Issue funds for the replacement of an obsolete air conditioning system at Ruffner Middle School. $171,101.00 from 1997 Capital Bond funds for the Addison Middle School renovation project. $5,000,000.00 to reallocate capital bond funds to Literacy Loan funds for the Addison Middle School project. The State will release Literary Loan funds for the project in May from the Literary Fund loan approved by the School Board and Council in December, 1997. The capital bond funds made available by the release of the Literary Loan funds will be used for air conditioning replacements and additions in middle and elementary schools. $190,870.00 from State Lottery proceeds being distributed to school divisions. The funds will be used for the replacement of school buses in accordance with the Roanoke City Schools' equipment replacement schedule. $86,342.00 for the 1998-99 Eisenhower Title II Professional Development program to provide funds for the development of innovative math, science and technology teaching strategies to implement Virginia's Standards of Learning. This continuing program will be reimbursed 100 per cent by federal funds. 5 ACTION: 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: (#34239-041999) AN ORDINANCE to amend and reordain certain sections of the 1998-99 School and School Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 468.) Mr. Trout moved the adoption of Ordinance No. 34239-041999. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. BUDGET-ROANOKE VALLEY RESOURCE AUTHORITY: A communication from Kit B. Kiser, City Representative, Roanoke Valley Resource Authority, recommending approval of the Resource Authority's annual budget for fiscal year 1999-2000, was before Council. It was advised that budget information is transmitted in accordance with Section 5.9 of the October 12, 1991 Members' Use Agreement; as the City's representative, Mr. Kiser stated that he served on the Roanoke Valley Resource Authority Budget Committee and voted for approval of the budget at the March 24, 1999 meeting of the Resource Authority; and net tipping fees for charter member governments remain at the current rate of $51.00 per ton. Mr. Kiser recommended that Council approve the proposed fiscal year 1999-2000 annual budget for the Roanoke Valley Resource Authority, in the total amount of $7,748,400.00, which is a reduction of $255,600.00 from the approved 1998-99 budget. (For full text, see report on file in the City Clerk's Office.) 6 ACTION: Mr. Hudson offered the following resolution: (#34240-041999) A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 1999-2000, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 61, page 470.) Mr. Hudson moved the adoption of Resolution No. 34240-041999. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: The Acting City Manager presented the fiscal year 1999-2000 fiscal year operating budget for the City of Roanoke and the annual update to the HUD Consolidated Plan. He introduced a slide presentation highlighting the major changes in the budget in revenue and expenditure categories, and advised that the 1999-2000 budget totals $176.4 million dollars, or an increase of $7,851,990.90, or 4.66 per cent overall which includes funding for City government and the local share of the Roanoke City Schools budget. He stated that the budget is focused on six primary funding goals: achievement of Council's vision, maintaining the City's financial stability, funding competitive pay raises and benefits for City employees, funding the School Board's basic budget request and maintaining and improving services to neighborhoods. He added that these goals have been met in the proposed budget and the budget demonstrates that the City Administration has listened to City Council's stated priorities. The Director of Finance presented information regarding General Fund revenues which are up by the same amount as expenditures because the City is required to adopt a balanced budget. He advised that revenues are made up of three categories, i.e.: local taxes are the major source of revenue (new revenue $3.6 million, with primary increases in sales tax which is up $569,000.00, utility tax which is up 7 $313,000.00, transient room tax which is up 22 per cent and includes the proposed rate increase from five per cent to six per cent, and real estate taxes which are up 3.9 per cent or $1.7 million for a total of $3.6 million); intergovernmental revenues - revenues received from the Commonwealth which include two main categories: House Bill 599 funding of $2.2 million and $4.9 million in increased social service programs provided by the state, along with police fees, and building inspection fees, etc., totaling $7.8 million. The Acting City Manager reviewed major categories of expenditures, and noted that the largest area of expenditure is the local share of the school budget followed by expenditures for public safety, public health and welfare, and public works, which categories comprise 75 per cent of the City's operating budget. He advised that the budget increased a total of $7.8 million and presented a chart illustrating how funding is proposed to be allocated. The Director of Finance advised that a majority of Council previously indicated a desire to reduce the City's real estate tax rate by one cent and increase the transient room occupancy tax from five per cent to six per cent. He stated that increasing the transient room tax from five per cent to six per cent is anticipated to generate $288,000.00 for fiscal year 2000, effective July 1, 1999, and if the real estate tax rate is reduced from $1.22 per $100.00 of assessed value to $1.21 per $100.00 of assessed value, effective January 1, 2000, such action would have a financial impact of $191,000.00 on the 1999-2000 fiscal year budget, and the net revenue impact for 1999-2000 would provide an additional $96,500.00 which the Acting City Manager has recommended as a one time capital funding contribution to the Roanoke Valley Convention and Visitors Bureau. (For full text, see Recommended 1999-2000 Budget on file in the City Clerk's Office.) BUDGET-HOUSING/AUTHORITY-GRANTS: The Acting City Manager submitted a written report advising that the U. S. Department of Housing and Urban Development (HUD) requires that entitlement localities such as the City of Roanoke submit a five-year Consolidated Plan, with Annual Updates, in order to receive funding under the Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) programs; fiscal year 1999-2000 is the final year of the current five-year Consolidated Plan; the City receives annual grants from HUD based on 8 a formula which considers age of housing, poverty levels and other "distress" factors; and the amount of HUD formula grants is related to the number of entitlement communities nationwide and to how much the U. S. Congress appropriates, rather than to anything that the City of Roanoke does. It was further advised that HUD representatives informed City staff that Roanoke's 1999-2000 new CDBG and HOME entitlements will total $2,784,000.00, an increase of $61,000.00 over 1998-99 funding; in addition, Roanoke will receive $75,000.00 in Emergency Shelter Grant (ESG) funds to support homeless activities; ESG funds are being re- instated to the City of Roanoke after a three-year absence; and including new entitlements, total funding of $4,091,728.00 is estimated to be available from the following sources for 1999-2000: Source CDBG HOME ESG Total 1999-2000 Entitlement $2,108,000.00 $676,000.00 $75,000.00 $2,859,000.00 1999-2000 Planned Program Income 647,728.00 5,000.00 0.00 652,728.00 1998-1999 Transfer/ Carry-over 315,000.00 10,000.00 0.00 325,000.00 1998-1999 Excess Program Income 250,000.00 5,000.00 0.00 255,000.00 Total Available 3,320,728.00 696,000.00 75,000.00 4,091,728.00 It was explained that the funds will leverage an estimated $24,819,448.00 in additional monies from federal, state, local and private sources, for a total program scope of $28,911,176.00; and public meetings were conducted on January 7 and March 30, 1999. The Acting City Manager advised that the proposed 1999-2000 Annual Update recommends funding for nine new projects and 43 previously funded projects; 20 proposed projects are not being recommended for funding; 52 individual projects and activities are being recommended for funding in whole or in part with CDBG, HOME, and/or ESG funds; those projects and activities in the proposed 1999- 2000 Annual Plan will address housing, economic development, human services, neighborhood/community development, homeless and administration/planning needs; HUD guidelines require that 70 per cent of CDBG funds benefit Iow- and moderate-income individuals; and the proposed CDBG budget exceeds the minimum requirements by at least eight per cent. 9 In conclusion, it was explained that the 1999-2000 Annual Update to the Consolidated Plan is responsive to the concerns of the citizens of Roanoke, and meets the regulatory requirements of HUD; it provides for housing improvements, homeless activities, activities for youth, business development, creation of new job opportunities, human services, strengthening of neighborhood organizations and adequate administrative oversight for the entire program; it will allow the City to build upon the successes of the past and to meet certain urgent critical needs; Council has scheduled an evening public hearing on May 3, 1999, to receive citizen comments, and on May 10, 1999, Council will be requested to authorize the Acting City Manager to submit an approved 1999-2000 Annual Update to the Consolidated Plan to the HUD Richmond office for review and approval. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson moved that the proposed fiscal year 1999-2000 budget of the City of Roanoke and the HUD Consolidated Plan be referred to 1999-2000 budget study. The motion was seconded by Mr. Harris and unanimously adopted. ITEMS RECOMMENDED FOR ACTION: BUDGET-BRIDGES-PUBLIC WORKS-STREETS AND ALLEYS- TRAFFIC: The Acting City Manager submitted a written report advising that the transfer to Capital Projects Fund account in the General Fund includes $310,000.00 budgeted for Transportation Projects in fiscal year 1998-99, which amount has not been appropriated in accounts in the Capital Projects Fund; the appropriation is needed to properly reserve the funds for those transportation projects for which they were intended to finance; and Capital Improvement Program projects related to transportation would ultimately have up to $310,000.00 available as a supplement to funding previously made available from the past two bond referendums. The City Manager recommended that Council appropriate $310,000.00 from Transfer from General Fund to Capital Improvement Reserve for Streets and Bridges. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: 10 ACTION: (#34241-041999) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 471.) Mr. Trout moved the adoption of Ordinance No. 34241-041999. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. Council Member Swain inquired as to when construction will begin on the Tenth Street, N. W. Project; whereupon, the Director of Public Works advised that he would provide the requested information. BUDGET-CITY INFORMATION SYSTEMS-EQUIPMENT-CMERP: The City Manager submitted a written report advising that each year as a part of the Capital Maintenance and Equipment Replacement Program, City departments are asked to submit their requests for information technology needs; over five million dollars in requests were received this year; and those requests were forwarded to the City's Information Technology Committee (ITC) for its review and recommendations. It was further advised that Council has received and acted on funding requests for two technology projects included in this year's plan, which include the Public Safety Project and a Development Review Project for the Planning and Building Inspection Departments; and the report requests that Council appropriate funds for those projects recommended by the Information Technology Committee and approved by the Acting City Manager but not yet funded. It was explained that appropriation of funds from CMERP and Prior Year Retained Earnings are needed to provide for acquisition of the following. Automated Public Safety Systems-Phase I Local Tax System Learning Center Equipment $177,153.00 35,000.00 15,742.00 11 ACTION: Treasurer Equipment Geographical Information System Project Total $ 41,300.00 30,000.00 $299,195.00 The City Manager recommended that Council appropriate $299,195.00 to accounts to be established by the Director of Finance from the following accounts: $122,042.00 from current year Capital Maintenance and Equipment Replacement Program, $82,528.00 from City Information Systems Prior Year Retained Earnings, and $94,625.00 from Jail-Recovered Costs. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34242-041999) AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and City Information Systems Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 471.) Mr. Trout moved the adoption of Ordinance No. 34242-041999. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. BUDGET-FIRE DEPARTMENT-EQUIPMENT-CMERP: The City Manager submitted a written report advising that the Current Year Capital Maintenance and Equipment Replacement Program has identified the need to replace a 1963 Fire Pumper which is used as back-up equipment; and a 1982 Grumman 1500GPM Pumper will be converted to back-up equipment. 12 ACTION: The Acting City Manager recommended that Council authorize purchase of one new Fire Pumping Engine with Water Tower from KME Fire Apparatus Corporation, for a total cost of $388,770.00; reject all other bids received by the City; and appropriate the following to Transfer to Fleet Management Fund, Account No. 001-004-9310-9506: $382,770.00 from CMERP, $4,900.00 from Fire/EMS Department, Account No. 001- 050-3213-9015, and $1,100.00 from Fire/EMS Department, Account No. 001- 050-3521-9015. Increase the revenue estimate by $388,770.00 in Fleet Management Transfer from General Fund, Account No. 017-020-1234-0951, and appropriate $388,770.00 to Fleet Management Other Equipment, Account No. 017-052-2642-9015. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34243-041999) AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and Fleet Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 473.) Mr. Trout moved the adoption of Ordinance No. 34243-041999. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. Mr. Trout offered the following resolution: 13 ACTION: (#34244-041999) A RESOLUTION accepting the bid of KME Fire Apparatus Corporation for the purchase of one new fire pumping engine with water tower, upon certain terms and conditions; and rejecting all other bids made for such item. (For full text of Resolution, see Resolution Book No. 61, page 475.) Mr. Trout moved the adoption of Resolution No. 34244-041999. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. BUDGET-UTILITY LINE SERVICES-EQUIPMENT-CMERP: The Acting City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need to replace a 1977 Wheel Loader in the Utility Line Services Department which is no longer reliable for daily use; whereupon, the Acting City Manager recommended that Council authorize the purchase of one new Wheel Loader from Baker Brothers, Inc., for the total cost of $84,463.00; reject all other bids received by the City; and appropriate $84,463.00 from Utility Line Services Prior Year Retained Earnings to Utility Line Services, Account No. 016-056-2626-9015. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34245-041999) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Utility Line Services Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 476.) Mr. Trout moved the adoption of Ordinance No. 34245-041999. The motion was seconded by Mr. Hudson and adopted by the following vote: 14 ACTION: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. Mr. Trout offered the following resolution: (#34246-041999) A RESOLUTION accepting the bid of Baker Brothers, Inc., for one new Wheel Loader; and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 61, page 477.) Mr. Trout moved the adoption of Resolution No. 34246-041999. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. Council Member White requested that the City's bid list of small business firms/vendors be wide spread in regard to the purchase of emergency items by City departments. ROANOKE CIVIC CENTER-LICENSES: The Acting City Manager submitted a written report advising that current policy, as adopted by the Roanoke Civic Center Commission on March 22, 1993, permits the sale of alcoholic beverages on Civic Center property by the concession franchise holder only, subject to approval by the Civic Center Manager on an event-by-event basis; Civic Center Business Plan implementation requires the Civic Center to be licensed to sell alcoholic beverages; two ABC licenses are required for services provided: 1) a Stadia license, which allows only for the sale of wine and beer at professional sporting events, and 2) a Mixed Beverage Caterers license, which allows for the sale of mixed beverages at private gatherings and special events; ABC licenses are currently held by The Swanson Corporation; and training and control are the responsibility of the concessionaire. It was further advised that the Civic Center is scheduled to assume in-house operation of the food and beverage concessions at the conclusion of The Swanson Corporation contract on July 1, 1999; 15 ACTION: and two licenses must be applied for to the Department of Alcoholic Beverage Control by the City in order to continue providing the same level of beverage services at Civic Center events. The Acting City Manager recommended that he be authorized to apply for the appropriate ABC licenses in the name of the City of Roanoke, and to have the name of the appropriate City representative (which may include the Civic Center Manager) placed on the applications and/or licenses as may be required by ABC Rules and Regulations, and to take such further action as may be necessary to obtain, activate, and maintain the licenses. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34247-041999) A RESOLUTION authorizing the City Manager to make application to the Virginia Department of Alcoholic Beverage Control for the appropriate ABC licenses in the name of the City of Roanoke that will allow the sale of beer, wine, and alcoholic mixed beverages at the Roanoke Civic Center in accordance with the rules and regulations of the Alcoholic Beverage Control Board; and to take such further action as may be necessary to obtain, activate, and maintain the ABC licenses. (For full text of Resolution, see Resolution Book No. 61, page 478.) Mr. Trout moved the adoption of Resolution No. 34247-041999. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................................. 6. NAYS: Council Member Harris ............................................. 1. Council Member Wyatt suggested that the Virginia State Flag and the Roanoke City Flag be displayed in a prominent location along with the American Flag in the Civic Center facility. PURCHASE/SALE OF PROPERTY-EASEMENTS-INDUSTRIES.AiR RIGHTS-RAILSlDE LINEAR WALK: The Acting City Manager submitted a written report advising that the City of Roanoke owns a .118 acre 16 parcel of real estate located at the corner of First Street and Norfolk Avenue (Official Tax No. 1010310), which was originally acquired for construction of the Railside Linear Walkway project; InSystems Technologies, Ltd., is a software manufacturing company which was founded in the City of Roanoke in 1991 and employs 60 people in the highly skilled, well-paid software engineering field, with employment levels expected to reach 200 by the year 2000; InSystems needs to relocate its facility because there is no available space to expand at its current location in downtown Roanoke; and InSystems has entered into a contract to purchase an historic warehouse located at 109 Norfolk Avenue, which is adjacent to the City's property and identified by Official Tax No. 1010309, with the intent to completely renovate the building (20,400 square feet) and relocate its business to this location, representing an investment of $1.5 million. It was further advised that InSystems would like to purchase from the City, a .013 acre portion in fee simple and a 195 square foot air rights easement across Official Tax No. 1010310, in order to construct an addition to its building; a public hearing was held by Roanoke City Council on December 21, 1998, and no opposition to the sale of city- owned property was communicated to Council; and a Contract for Sale has been negotiated between the City and InSystems Technologies, Ltd. ACTION: The Acting City Manager recommended that he be authorized to execute the necessary documents to allow the conveyance of fee simple interest and an air rights easement across a portion of Official Tax No. 1010310 to InSystems Technologies, Ltd. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that the following ordinance be placed upon its first reading: (#34248) AN ORDINANCE authorizing the execution of an agreement with InSystems Technologies, Ltd., for the fee simple conveyance of a portion of City-owned property, as well as an air rights easement across said property, identified by Official Tax Map No. 1010310, commonly known as a vacant lot at the northwest corner of Norfolk Avenue and First Street, S. W., authorizing conveyance of said rights upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 61, page 493.) 17 The motion was seconded by Mr. Swain. Mr. Robert E. Zimmerman, 1570 Langhorne Road, S. W., property owner in the area, advised that the City owns the street as a result of taxpayers' money and if Council allows one individual to purchase property, other property owners in the area should be offered the same opportunity for parking and other amenities. He asked that all property owners be treated fairly and equally. Ordinance No. 34248, on its first reading, was adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. DIRECTOR OF FINANCE: BUDGET-HOUSING/AUTHORITY: The Director of Finance submitted a written report advising that by agreement with the City of Roanoke, the Roanoke Redevelopment and Housing Authority (RRHA) administers a large segment of the City's Community Development Block Grant Program; the Housing Authority receives program income during the course of its administration of various projects by the sale of land and through the receipt of loan repayments from project area residents; and the Housing Authority is required to transfer this program income to the City of Roanoke; and the City of Roanoke is required to use the income for eligible community development activities. It was further advised that the Housing Authority has made payments to the City, in the amount of $189,834.00, from April 1, 1998 through March 31, 1999 for program income in excess of income estimates previously appropriated; and of this amount, $57,950.00 resulted from the sale of property, $46,256.00 in income resulted from parking lot rental and $85,628.00 resulted from various loan repayments. It was explained that the City has received miscellaneous program income as follows: $252,613.00 from Hotel Roanoke, L. L. C. for interest on the $6,000,000.00 Section 108 loan from the U. S. Department of Housing and Urban Development; and $73,481.00 in 18 ACTION: other program income as follows: $29,688.00 in demolition revenue from property owners whose dwellings were demolished with CDBG funds, $10,480.00 from Williamson Road Parking Garage which was constructed in part using CDBG funds, $31,890.00 in loan repayments and $1,423.00 of other miscellaneous income. The Director of Finance recommended that Council appropriate the total $515,928.00 in unanticipated program income, as follows: Unprogrammed CDBG -Land Sale (035-098-9840-5187) Unprogrammed CDBG - Other (035-098-9840-5189) Unprogrammed CDBG - RRHA (035-098-9840-5197) Unprogrammed CDBG - Section 108 Loan Repayment (035-099-9940-5188) Unprogrammed CDBG - Other (035-099-9940-5189) Unprogrammed CDBG - RRHA (035-099-9940-5197) $ 57,950.00 64,725.00 22,572.OO 252,613.00 8,756.00 109,312.00 The amounts being appropriated to unprogrammed accounts will be available for further appropriation transfers for eligible community development purposes. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34249-041999) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 479.) Mr. Trout moved the adoption of Ordinance No. 34249-041999. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. 19 INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ACTION: BUDGET-TAXES-COUNCIL-HOUSING/AUTHORITY.GRANTS: Mr. Trout offered the following resolution establishing the date of a Special Meeting of Council on Monday, May 3, 1999, at 7:00 p.m., in the Exhibit Hall, Roanoke Civic Center, 710 Williamson Road, N. W., for the purpose of holding public hearings on the General Fund Budget for Fiscal Year 1999-2000, proposed tax increases and the Annual Update to HUD's Consolidated Plan: Mr. Trout offered the following resolution: (#34250-041999) A RESOLUTION establishing the date of a Special Meeting of the Council of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 61, page 481.) Mr. Trout moved the adoption of Resolution No. 34250-041999. The motion was seconded by Mr. Harris. Martin D. Jeffrey, President, Roanoke Valley Chapter, National Association for the Advancement of Colored People, requested that Council provide better scrutiny over the budgets of the Roanoke Valley Resource Authority and the Hotel Roanoke Conference Center. He called attention to alleged complaints of discriminatory activities by both entities, therefore, the City should not spend considerable sums of public money to fund, in effect, discrimination or those environments that engage in discriminatory practices. In regard to the proposed fiscal year 1999-2000 budget, Mr. Jeffrey advised that at a monthly meeting of the Board of Directors of the Roanoke Valley N.A.A.C.P., the Board unanimously voted to endorse certain recommendations made by Fox, Lawson and Associates, the City's pay and benefits consultant. He spoke specifically to the issue of pay increases for police officers, although the N.A.A.C.P. supports and acknowledges concerns regarding pay and other conditions for City employees in general. He stated that the Board of Directors and Members of the Local Branch of the N.A.A.C.P. believe that those persons who are entrusted with the safety of Roanoke's community and who place their lives on the line every day should not have to spend their off duty hours working one and two part-time jobs to support their family, which ultimately compromises 2O ACTION: the safety of Roanoke's citizens. On behalf of the Board of Directors, he urged that Council approve an 11 per cent across the board pay increase for police officers, effective July 1, 1999. Resolution No. 34250-041999 was adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. BUDGET-TAXES-COUNCIL-HOUSING/AUTHORITY.GRANTS: The City Manager submitted a written report advising that at its meeting on January 4, 1999, Council formally approved the schedule of activities, dates and times for the 1999-2000 budget process; the schedule included a special meeting to be held on May 10, 1999, at 2:00 p.m., for the purpose of adopting the budget; State Code requirements provide that the public hearing must be held at least seven days prior to adoption of the 1999-2000 budget; after a review of Public Hearing Notices required in connection with the budget, the Acting City Attorney has advised that technically the scheduled time for budget adoption does not meet the seven day time period; whereupon, the Acting City Manager recommended that the time and date of the budget adoption meeting be changed from May 10, 1999 at 2:00 p.m., to May 11, 1999 at 1:30 p.m. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution establishing a special meeting of Council for May 11, 1999 at 1:30 p.m., in the City Council Chamber, 215 Church Avenue, S. W., for the purpose of adopting the proposed annual budget for the City of Roanoke for fiscal year 1999- 2000 and related matters. (#34251-041999) A RESOLUTION establishing the date of a Special Meeting of the Council of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 61, page 482.) Mr. Trout moved the adoption of Resolution No. 34251-041999. The motion was seconded by Mr. Swain and adopted by the following vote: 21 AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: SIDEWALK/CURB AND GUTTER-BUDGET-STREETS AND ALLEYS: Following adoption of the fiscal year 1999-2000 budget, Council Member Swain requested that a schedule be published on the City Page of The Roanoke Times and RVTV, Channel 3 with regard to installation of sidewalk, curb and gutter, and paving of streets in the City of Roanoke. PENSIONS: Council Member Swain requested that a central file be established, preferably in the City Clerk's Office, detailing information regarding the 2-for-1 pension benefit which is currently in effect for certain City employees/officials. He further requested an independent opinion as to the legality of the 2-for-1 pension benefit and whether or not future cost of living increases can be frozen for those employees who retired under 2-for-1 and currently earn $50,000.00 or more per year. It was the consensus of Council that the matter would be referred to the Acting City Manager, Acting City Attorney, City Clerk and Director of Finance for report to Council. PARKS AND RECREATION-ROANOKE NEIGHBORHOOD PARTNERSHIP: Council Member Wyatt referred to a communication from the President's Council of Roanoke City Neighborhoods under date of April 12, 1999, in regard to certain proposed improvements to Garden City Park; however, it was noted that some improvements have been delayed because of concerns expressed by the Parks and Recreation Department. She requested that the matter be referred to the Acting City Manager for report to Council. PAY PLAN-BUDGET-CITY EMPLOYEES: Council Member Wyatt expressed concern with regard to the length of time that it takes for a City employee to reach the top of the pay scale. As a part of fiscal year 22 ACTION: 2000-2001 budget study, she requested that the Acting City Manager review ways by which City employees may reach the top of their pay scale in a more expeditious manner. TRAFFIC-BRIDGES-VALLEY VIEW MALL: Council Member Hudson inquired as to the projected completion date for the bridge at Valley View Mall; whereupon, the Director of Public Works advised that June 1 is the anticipated opening date of the other lane coming out of Valley View Mall southward to 1-581. TRAFFIC: The Mayor requested that information be disseminated to citizens advising that free parking is available in the downtown Roanoke parking garages on Saturdays and Sundays. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: At 4:15 p.m., the Mayor declared the meeting in recess. At 5:25 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 who left the meeting during the Executive Session. COUNCIL: With respect to the Executive Session 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 Executive Session 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.) At 5:27 p.m., the Vice-Mayor declared the meeting in recess until 7:00 p.m. 23 On Monday, April 19, 1999, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris and Mayor David A. Bowers .................................................. 7. ABSENT: None ................................................................... 0. OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William X Parsons, Acting City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS: PROCLAMATIONS: The Mayor presented a proclamation declaring the week of April 17 - 24 as Knights of Virginia Assistance for Retardation (KOVAR) week. (For full text, see Proclamation on file in the City Clerk's Office.) BID OPENINGS: ROANOKE MEMORIAL HOSPITALS-HOSPITALS-AIR RIGHTS: Pursuant to notice of advertisement for bids for lease of additional air rights located in the City of Roanoke over a portion of Crystal Spring Avenue, S. W., for a term ending May 13, 2058, to provide sufficient area and space for a parking garage, said bids to be received in the City Clerk's Office until 4:30 p.m., on Monday, April 19, 1999, the matter was before the body. 24 The Mayor inquired if anyone had any questions about the opening of the bids. There being none, he called upon the City Clerk to open and read the bids. The City Clerk reported that one bid had been received prior to the deadline from CHS, Inc., in the amount of a one time payment of $200.00. ACTION: Mr. Trout moved that the bid of CHS, Inc., be received and filed. The motion was seconded by Mr. Hudson and adopted, Council Member Wyatt voting no. PUBLIC HEARINGS: ROANOKE MEMORIAL HOSPITALS-HOSPITALS-AIR RIGHTS: The City Clerk having advertised a public hearing for Monday, April 19, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposed ordinance to grant a lease of additional air rights located in the City of Roanoke over a portion of Crystal Spring Avenue, S. W., for a term ending May 13, 2058, to provide sufficient area and space for a parking garage, the matter was before the body. Legal advertisement of the public hearing was published in Sunday editions of The Roanoke Time-~ on March 28, April 4, April 11 and April 18, 1999. (See publisher's affidavit on file in the City Clerk's Office.) Earlier in the meeting, the City Clerk opened and read the one bid received by the City for lease of the above described air rights from CHS, Inc., in the amount of a one time payment of $200.00. Mr. Trout moved that the following ordinance be placed upon its first reading- (#34252) AN ORDINANCE authorizing a lease between the City of Roanoke and CHS, Inc., for the lease of additional airspace over Crystal Spring Avenue, S. W., in the City, for a term commencing as soon as all legal requirements are met and ending May 13, 2058. (For full text of Ordinance, see Ordinance Book No. 61, page 494.) The motion was seconded by Mr. Harris. 25 The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 34252 was adopted, on its first reading, by the following vote: AYES: Council Members Hudson, Swain, Trout, Harris and Mayor Bowers .............................................................................. 5. NAYS: Council Member Wyatt .............................................. 1. (Council Member White abstained from voting.) 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, April 19, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of ARC Roanoke, Inc., that the proffered conditions for rezoning approximately 8.769 acres of land, located on the west side of Oakland Boulevard, N. W., identified as Official Tax No. 2250105, which rezoning was previously approved by the Council of the City of Roanoke, pursuant to Ordinance No. 33361-050597 adopted on May 5, 1997, be amended, the matter was again before the body. Legal advertisement of the public hearing was published in The .Roanoke Times on Thursday, April 1 and Thursday, April 8, 1999; and in ..The Roanoke Tribune on Thursday, April 8, 1999. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the subject property was rezoned from RS-3 to C-2 with conditions in May 1997 for the purpose of constructing a sheltered workshop to provide education, job training and employment for mentally and physically disabled persons, was before Council. It was further advised that the previous rezoning and its conditions were coordinated with an adjacent Valley View rezoning which proposed development of the former Watts farm for commercial development; and the purpose of the current rezoning is to amend the conditions of the previous rezoning because the developer of the 26 subject property proposes to construct a building and parking (a theater) that is substantially different from the development footprint initially proffered by ARC, Inc., in 1997 and has proffered additional conditions relating to trash and parking lot clean up. The City Planning Commission recommended approval of the amended request for rezoning, and advised that use of the subject property for commercial development is appropriate and reasonable; the proposed change in physical development of the property is consistent with adjacent commercial development; conditions have been proffered which address various neighborhood issues including buffering, lighting, and pedestrian and vehicular access to commercial area. ACTION: Edward A. Naif, 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: (#34253) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 225, 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. 61, page 496.) The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 34253 was adopted, on its first reading, by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. 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, April 19, 1999, at 7:00 p.m., or 27 ACTION: as soon thereafter as the matter may be heard, on the request of Roanoke Valley SPCA that a portion of Edmund Avenue, N. E., a portion of Light Street, and an undeveloped alley located at the intersection of Baldwin Avenue which runs parallel to Edmund Avenue and proceeding in a northeasterly direction for approximately 630 feet to the intersection of Light Street, be permanently vacated, discontinued, and closed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, April 1 and Thursday, April 8, 1999; and The Roanoke Tribune on Thursday, April 8, 1999. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission recommending that Council approve the request subject to certain conditions, was before the body. (For full text, see report on file in the City Clerk's Office.) Ronald A. Martin, AIA, Spokesperson, appeared before Council in support of the request. Mr. Hudson moved that the following ordinance be placed upon its first reading: (#34254) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 61, page 497.) The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 34254 was adopted, on its first reading, by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. 28 ACTION: BONDS/BOND ISSUES-BUDGET-INDUSTRIES: Council having previously authorized the City Clerk to advertise a public hearing for Monday, April 19, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen input on the issuance of $7,600,000.00 in general obligation public improvement bonds under the Public Finance Act, Section 15.2-2600 et. seq., Code of Virginia (1950), as amended, to finance the costs of economic development projects of and for the City of Roanoke, the matter was before the body. (See report of the City Manager under date of March 19, 1999.) Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, April 4, 1999, and Sunday, April 11, 1999. (See publisher's affidavit on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34255-041999) A RESOLUTION authorizing the issuance and sale of seven million six hundred thousand dollars ($7,600,000) principal amount of City of Roanoke, Virginia, General Obligation Public Improvement Bonds; fixing the form, denomination and certain other details of such bonds; authorizing the preparation of a preliminary official statement and an official statement and the distribution thereof and the execution of a certificate relating to such official statement; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; and otherwise providing with respect to the issuance, sale and delivery of such bonds. (For full text of Resolution, see Resolution Book No. 61, page 482.) Mr. Trout moved the adoption of Resolution No. 34255-041999. The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to address Council in connection with the matter. There being none, Ordinance No. 34255-041999 was adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. 29 ACTION: EASEMENTS: Council having previously authorized the City Clerk to advertise a public hearing for Monday, April 19, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen input on a proposal to grant a 20 foot wide drainage easement across City-owned property at Forest Park Elementary School at the corner of Melrose Avenue and Forest Park Boulevard, N. W., identified as Official Tax No. 2420201, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, April 11, 1999. (See publisher's affidavit on file in the City Clerk's Office.) Mr. Trout moved that the following ordinance be placed upon its first reading: (#34256) AN ORDINANCE authorizing the execution of a deed of easement granting Shenandoah L.P., a drainage easement across City- owned property located across the Forest Park Elementary School property identified by Roanoke City Tax Map No. 2420201, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 61, page 500.) The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 34256 was adopted, on its first reading, by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. SCHOOLS: Council having previously authorized the City Clerk to advertise a public hearing for Monday, April 19, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive the views of citizens regarding appointment of two Roanoke City School Board Trustees for three year terms of office commencing July 1, 1999, the matter was before the body. 3O Candidates for the positions are Toni J. Brandon, Charles W. Day, Michael W. Ridenhour and Brian J. Wishneff. Advertisement of the public hearing was published in The Roanoke Times on Tuesday, April 6, 1999. (See publisher's affidavit on file in the City Clerk's Office.) The Mayor inquired if there were persons present who would like to address Council; whereupon, the following persons spoke: Ms. Anita Anderson, 3547 Penarth Road, S. W., endorsed the candidacy of Brian J. Wishneff. She advised that Mr. Wishneff has shown dedication to all children in the school system and a concern that the focus should remain on the best possible instruction for all children in a safe environment. She encouraged Council to reappoint Mr. Wishneff for a second term on the Roanoke City School Board which will enable him to complete the work he has begun during his first term. Mr. Malcolm Taylor, 2613 Floraland Drive, N. W., endorsed the candidacy of Michael W. Ridenhour. He advised that Mr. Ridenhour is devoted to the betterment of life for all Roanokers as evidenced through his service on the City's Human Services Committee. He stated that Mr. Ridenhour has shown concern for the community, he has volunteered a great deal of time to aid causes that benefit people of all ages, he is a family man who is genuine and committed to the causes he pursues, and he has demonstrated the ability to work with diverse personalities. He added that Mr. Ridenhour is not afraid to ask the tough questions and will bring a mix of conservatism with progressive ideas which will be helpful in accomplishing goals and objectives to advance the educational process while helping to shape human lives. Mr. Jan Wilkins, 505 Woods Avenue, S. W., endorsed the candidacy of Toni J. Brandon. He advised that Ms. Brandon possesses great communication skills, particularly with youth. He urged that Council consider the unique contribution of Ms. Brandon as a young adult who works with youth at the college level and teaches journalism at Virginia Tech. He advised that a young person who can devote the necessary time and has a passion for education would be a great asset to the School Board. 31 Esther Cirasunda, President, Roanoke Education Association, endorsed the candidacies of Charles W. Day and Brian J. Wishneff. She advised that Mr. Day continues to be an avid supporter of the success of children in public education and has a true insight into the job of professional educators. She further advised that Mr. Wishneff has shown substantial growth during his tenure on the School Board and continues to bring forth responsible issues that influence the daily lives of public school students and staff. She stated that if there were three vacancies on the School Board, the Roanoke Education Association would support Mr. Ridenhour who shows vision for the future and a focus on education as a top priority. Ms. Kay McGrath, 2436 Stanley Avenue, S. E., endorsed the candidacy of Michael W. Ridenhour. She advised that her objective is to relate to Council the sincerity and genuineness of Mr. Ridenhour both as a person and as a community servant. She stated that he is especially concerned with the elderly community and understands their needs and desires. She advised that as his children have become adults, Mr. Ridenhour is now in a position to pursue his goal of community service in the direction of education, he is a believer in common sense, hard work and achievement, he will work tirelessly for the Roanoke City Public Schools if given the chance, he is dedicated to researching the latest trends in education and to helping those trends become a part of Roanoke's system, and he will be an advocate for the best interests of children by helping teachers to do the best possible job. Mr. Nick Conte, 2801 Avenham Avenue, S. W., endorsed the candidacy of Brian J. Wishneff. He advised that he has worked with Mr. Wishneff on numerous projects and he was impressed with his commitment to the City and to the Roanoke City School system. He stated that Mr. Wishneff honors his word and brings a common sense approach to that which he strives to accomplish. Ms. Marilyn Curtis, 1718 Jersey Avenue, N. E., endorsed the candidacies of Charles W. Day and Brian J. Wishneff. She advised that Mr. Day has been involved in education for many years, and she had the opportunity to work with him as a parent, a PTA leader and as a fellow School Board member. She stated that Mr. Day has a wealth of knowledge, and he has adapted to many changes in education throughout the years which has given him a veterans knowledge of the Roanoke City School system. She advised that Mr. Wishneff has been genuinely interested in the education of students and in keeping 32 Roanoke abreast of current trends leading to quality education as State and Federal mandates are handed down. She stated that the School Board has made great strides in preparing for the next generation by continuing present programs and initiating new programs that are future oriented. Mr. Ralph Smith, 1406 Third Street, S. W., endorsed the candidacy of Charles W. Day, a leader and a decision maker. While attending Lucy Addison High School, he advised that as a result of the efforts of Mr. Day who served as principal, a wrestling program was established which enabled him to obtain a college scholarship through the wrestling program. He advised that Mr. Day provided an unique opportunity for him to pursue his college education; and he is still providing those same opportunities for students in the Roanoke City Public School system. The Reverend Vater Colbert, 2730 Byron Drive, N. W., endorsed the candidacy of Toni J. Brandon. He advised that Ms. Brandon is a product of the Roanoke City Public School system, she is currently an educator at Virginia Tech, and she is ready to serve her community. He stated that one of the greatest aspirations of all citizens is to educate young people and to offer them the opportunity to return to their community as contributing products of success. He stated that each candidate brings unique qualities to the table, but Ms. Brandon brings that extra something that can make a difference in the next century. There being no further speakers, and without objection by Council, the Mayor advised that the remarks of all speakers would be received and filed. OTHER HEARING OF CITIZENS: None. There being no further business, the Mayor declared the meeting adjourned at 8:00 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 33 PERSONNEL COMMITTEE ............ ROANOKE CITY COUNCIL April 21, 1999 3:30 p.m. A meeting of the Roanoke City Council Personnel Committee, composed of the Members of the Roanoke City Council, was called to order on Wednesday, April 21, 1999, at 3:30 p.m., in the City Council's Conference Room, 215 Church Avenue, S. W., City of Roanoke, with Chairman David A. Bowers presiding. PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, Linda F. Wyatt and Mayor David A. Bowers .................... 6. ABSENT: William White, Sr.- ................................................................... 1. OFFICERS PRESENT: Mary F. Parker, City Clerk. COUNCIL-CITY ATTORNEY: Ms. Wyatt moved that the City Council Personnel Committee meet in Executive Session to conduct an interview of a prospective candidate for the position of City Attorney, pursuant to Section 2.1-344 (A)(1), Code of Virginia, (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, Wyatt and Mayor Bowers ................................................................................................ 6. NAYS: None ......................................................................................... 0. (Council Member White was absent.) At 3:35 p.m., the Chairperson declared the meeting in recess. During the Executive Session, Council Member White entered the meeting. At 4:55 p.m., the meeting reconvened in the Council's Conference Room, with all Members of the City Council Personnel Committee in attendance. ACTION: COUNCIL-CITY ATTORNEY: With respect to the Executive Session just concluded, Mr. Hudson moved that each Member of the City Council Personnel Committee 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 Executive Session was convened were heard, discussed or considered by the City Council Personnel Committee. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................................................... 7. NAYS: None ............................................................................................ 0. Mr. White moved that the City Council Personnel Committee reconvene in Executive Session to discuss potential salary and benefits of a prospective candidate for the position of City Attorney. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt and Mayor Bowers .......................................................................................................... 6. NAYS: None .......................................................................................... 0. (Vice-Mayor Harris left the meeting prior to the vote on the motion.) At 5:05 p.m., the Chairperson declared the meeting in recess. The City Council Personnel Committee reconvened at 5:25 p.m., in the City Council's Conference Room, with Chairperson Bowers presiding and all Members of the Committee in attendance with the exception of Vice-Mayor Harris. COUNCIL: With respect to the Executive Session 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 Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Trout and adopted by the following vote: 2 AYES: Council Members Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................................................... 6. NAYS: None .......................................................................................... 0. (Vice-Mayor Harris was absent.) The Chairperson advised that he was instructed by the Personnel Committee to offer the position of City Attorney of the City of Roanoke to a specific candidate and to negotiate the terms of employment. Mr. White moved that the matter of an appropriate adjustment to the salary of the Director of Finance in order to bring the salary up to market level be referred to 1999-2000 budget study. The motion was seconded by Mr. Trout and adopted. There being no further business, the Chairperson declared the meeting of the City Council Personnel Committee adjourned at 5:30 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor COUNCIL .... PUBLIC INTERVIEWS OF SCHOOL BOARD APPLICANTS April 21, 1999 6:00 p.m. The Council of the City of Roanoke held public interviews with four candidates for the position of School Board Trustee on Wednesday, April 21, 1999, at 6:00 p.m., in the City Council Chamber, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding. PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers .................. 6. ABSENT: Vice-Mayor C. Nelson Harris .................................................... 1. OFFICERS PRESENT: Mary F. Parker, City Clerk. The meeting was declared in recess at 6:05 p.m. The meeting reconvened at 6:10 p.m., on April 21, 1999, in the Social Services Conference Room, Room 306, Municipal Building North, 215 Church Avenue, S. W., City of Roanoke, with Mayor Bowers presiding and all Members of Council in attendance, with the exception of Vice-Mayor Harris. The meeting was opened with a prayer by Mayor Bowers. SCHOOLS: The Mayor advised that on June 30, 1999, the terms of office of Charles W. Day and Brian J. Wishneff as Trustees of the Roanoke City School Board will expire, and the purpose of the meeting is to interview four candidates for the upcoming vacancies. The Mayor called attention to the following actions which were taken by Council, pursuant to provisions of Chapter 9, Education, Code of the City of Roanoke (1979), as amended: At regular meetings of the City Council held on January 19 and February 1, 1999, Council announced its intention to elect Trustees of the Roanoke City School Board for three year terms of office commencing July 1, 1999 and ending June 30, 2002. Advertisements were placed in The Roanoke Times and in The Roanoke Tribune inviting applications for the upcoming vacancies. Five applications were received in the City Clerk's Office prior to the deadline on Wednesday, March 10, 1999, at 5:00 p.m. One application was later withdrawn. On March 15, 1999, at 6:00 p.m., Council held a reception with the candidates which was open to the public. On March 15, 1999, at 7:00 p.m., Council, as a Committee of the Whole, reviewed and considered all applications. At the regular meeting of City Council on Monday, April 5, 1999, at 2:00 p.m., Council voted to interview Toni J. Brandon, Charles W. Day, Michael W. Ridenhour and Brian J. Wishneff. A notice was published in The Roanoke Times inviting attendance at a public hearing to be held by City Council on Monday, April 19, 1999, at 7:00 p.m., to receive the views of citizens regarding School Board applicants, and further inviting the public to submit proposed questions to the candidates by filing such written questions in the City Clerk's Office by 5:00 p.m., on Wednesday, April 15, 1999; however, no questions were submitted. The Mayor explained that the selection process provides that Council will publicly interview each candidate separately and out of the presence and hearing of the other candidates; and Section 9-21, Public Interview of Candidate~, of the Code of the City of Roanoke (1979), as amended, provides, in part, that interviews of the candidates shall take place in an order deemed appropriate by City Council; whereupon, the Mayor advised that the City Clerk had scheduled interviews in the following order: 6:00 p.m. - Charles W. Day 6:30 p.m. - Brian J. Wishneff 7:00 p.m. - Michael W. Ridenhour 7:30 p.m. - Toni J. Brandon Mayor Bowers pointed out that each candidate will be given the opportunity to make an opening statement of not more than five minutes, and thereafter, Council will ask such questions, as Council, in its discretion, deems advisable. He explained that four interviews will be held and each interview will consist of approximately 30 minutes, and after each interview is completed, the candidate may leave the Conference Room inasmuch as no action will be taken by Council on this date. He further noted that all interviews will be taped by Roanoke Valley Television, RVTV Channel 3, to be televised on April 23, 1999, at 7:00 p.m., and April 24 and 25 at 5:00 p.m. 2 In conclusion, the Mayor advised that on Monday, May 3, 1999, at 2:00 p.m., or as soon thereafter as the matter may be considered, the Council will hold an election to fill the two vacancies on the Roanoke City School Board, for terms commencing July 1, 1999, and ending June 30, 2002. The first person to be interviewed was Charles W. Day. Mr. Day advised that serving on the Roanoke City School Board for two terms of office has been one of the highlights of his professional career, because one of the greatest rewards in life is to know that one can make a difference in the educational process for all children by helping to insure that they will receive a quality education. He requested that he be reappointed to the Roanoke City School Board which will provide him with an opportunity to continue his contributions toward educating children through team work, and community effort that starts in the home with parents and continues throughout the school system. He stated that during his tenure on the School Board, he has actively worked with the school community to insure that proper collaboration takes place and based on his experience as a School Trustee, he can attest to the fact that the strength of any School Board member lies in the ability to communicate effectively with other Board members, the Superintendent of Schools, central office staff, teachers, parents and students. He added that School Board members should possess the ability to make sound decisions, they should be accessible, they should be good listeners, team players and independent thinkers who possess the ability to make sound decisions and to work well with other Board members on decisions that will make a difference in the quality of education for Roanoke's students. He stated that during his tenure on the School Board, he has displayed all of these qualifications and his track record as an educator speaks for itself with 32 years of experience in education as a high school teacher, coach, guidance counselor, elementary, junior and senior high school principal and associate principal, a counselor at Virginia Western Community College, and Chair and Vice-Chair of the Roanoke City School Board. He further stated that he is a strong advocate for all children because all children deserve a quality education; therefor, he requested that Council favorably consider his application for reappointment to the Roanoke City School Board for another three year term. Mr. Hudson asked the followinq questions: What is your position with regard to opening school libraries and/or gymnasiums during the school year between the hours of 3:00 - 6:00 p.m.? Mr. Day advised that making school facilities available after school hours would provide a good reenforcement of the learning process. 3 How would you assess the performance of Superintendent E. Wayne Harris? Mr. Day advised that Dr. Harris is doing an outstanding job as School Superintendent, he has proven to be an innovative leader, and he is proud of his many accomplishments. Mr. Swain asked the followin~l questions: Define what accountability means to you at the following levels: administration, teacher and student. Mr. Day advised that administrators should be accountable for meeting their respective job descriptions; and teachers are the leaders of the instructional program who are on the cuffing edge of education and they should be expected to meet the guidelines, objectives and vision established by the school division. He stated that students should be held accountable through self-discipline and applying themselves to the learning process. If you find that the vocational education program needs to be improved, what steps would you take? Mr. Day advised that vocational education must be monitored and appropriate instructional programs must be offered because all students will not attend college, therefore, they must graduate from high school with some type of vocational skill that will enable them to enter the job market. He called attention to the need for continuing research in order to remain current on industry trends and initiation methods to intervene where needed to determine if students are on the right track, and to insure that they are employable upon graduation from high school. Mr. Trout asked the followinq questions: So much time is being spent on preparing students for the Standards of Learning tests that teachers and students are not taking advantage of other vital programs offered by the School system. Do you agree or disagree? Mr. Day advised that as teachers and students become more familiar with the goals and objectives of the Standards of Learning, the time spent in preparing for tests will be reduced. What do you consider to be the greatest accomplishment(s) of the Roanoke City School system during your tenure as a School Board Trustee? 4 Mr. Day advised that the greatest accomplishment of the School system is the flexibility to make changes as needed to meet the ever changing needs of all students. For example: he called attention to an opportunity to expand the City's offerings by applying for and receiving increased Magnet School funding to expand programs, and the school administration is making an all out effort to research programs and funding sources. He added that colleges and universities are requiring certain subjects and changing their standards, therefor, the Roanoke City Schools must be flexible in order to meet those challenges. Mr. White asked the following question: What do you perceive to be the major strengths and the major weaknesses within the Roanoke City School System, and what can you do as an individual Board member to emphasize the strengths and to mitigate the weaknesses? Mr. Day advised that the greatest strength of the school system is a good staff that is flexible in meeting the needs of students, combined with talented young people, involved parents, and a supportive City Council. He stated that one of the weaknesses of the system is the need to improve student test scores so that all students will live up to their learning potential. Ms. Wyatt asked the followincj question-~: Explain a promotion and retention policy that opposes social promotions, but says that no child should be retained prior to third grade and that every child will be reading on grade level by the end of third grade, regardless of what level of readiness with which they enter kindergarten? Mr. Day advised that the policy is similar to a non grading system and once a teacher determines that a child is not making satisfactory progress, there should be an intervention program with recommendations on how to get the child back on track through either summer school or other forms of training. He stated that the policy should insure that students master the necessary skills at the first, second and third grade levels. Given the broad range of socio-economic and academic readiness by students and the variances of these variables from school to school and classroom to classroom, how would you objectively link teacher pay to student Standards of Learning scores? Mr. Day advised that the most effective way to enforce the program would be to insure that there is a true assessment of each individual school, each classroom and each individual student, because some students are not as gifted or talented as 5 others at any given time. He stated that the process must be individualized because what one teacher may need to do during a certain activity year could be different from the activities of another teacher. What is your assessment of teacher morale in the Roanoke City School System? Mr. Day advised that he hears differing levels of opinion on morale some of which is that morale is good and others offer the opinion that morale is not where it should be. As a School Board member, he stated that he is in a position to talk with teachers and staff and try to understand the issues and resolve problems as they arise. On behalf of Vice-Mayor Harris, the Mayor asked the following question: Do you currently serve on any School Board committees and how have you been an asset to the work of the committee? Mr. Day advised that he has served on several committees, such as the Long Range Planning Committee; however, currently, he has not been assigned a specific committee responsibility because until recently the Virginia School Board Association frowned upon School Board members serving on committees. He stated that he has advised the Chairperson of the School Board that he would be receptive to serving on any committee of her choice. The Mayor asked the following question: In view of the tragic situation at Columbine High School in Littleton, Colorado, where students were killed and/or injured by other students, what additional steps can be taken to protect students in the Roanoke City Public Schools? Mr. Day spoke in support of initiating a conflict resolution program to provide a means to resolve problems through dialogue and development of self-discipline. He stated that school safety contingency plans are in effect in all Roanoke City schools. The second person to be interviewed was Brian J. Wishneff. Mr. Wishneff advised that he has enjoyed serving on the Roanoke City School Board for the past three years and has learned a great deal about the school system. He stated that as Chair of the Schools' Audit Committee and the Legislative Committee, he has an unique perspective on the workings of the school system. He advised that he was instrumental in causing School Board meetings to be more 6 open and user friendly to the public, and he has supported an aggressive capital improvements program, efforts to increase school safety, efforts to invest in training and development of teachers, and the necessary resources to improve student instruction. He stated that any organization, if it is to be successful, must be focused on those things that are most important to achieving its mission, and he would like to continue to serve as a member of the School Board team in order to play a continuing role in providing the best education possible for the children of Roanoke. Mr. Swain asked the following questions: Define what accountability means to you at the following levels: administration, teachers and students. Mr. Wishneff advised that by the year 2006-07, if the school system does not meet certain achievements it stands to lose its accreditation which is the ultimate in accountability and the School Board must be held accountable; therefor, it is vitally important to involve and to pass responsibility on to the Superintendent, the School administration, principals, teachers, parents and students. How would you propose to improve the quality of the vocational education program? Mr. Wishneff advised that there is no issue more important to the success of a community than an available and trained workforce and if the City of Roanoke is to compete, it must address the matter accordingly. He called attention to a proposed new concept which will address the issue of vocational education through creation of a "technology academy" similar to the Governor's School on a regional basis. Mr. Trout asked the following questions: How much patriotic education is included in the Standards of Learning? Mr. Wishneff responded that after reviewing the results of the Standards of Learning test scores throughout the Commonwealth of Virginia, test scores appeared to be consistently Iow in history and social studies. He stated that there needs to be a major shift in focus back to history and social studies, otherwise, mistakes of the past will be repeated if that type of information is not instilled in Roanoke's youth. 7 Mr. White asked the followinq question: What do you perceive to be the major strengths and the major weaknesses within the Roanoke City School system, and what can you do as an individual Board member to emphasize the strengths and to mitigate the weaknesses? Mr. Wishneff advised that the school system does a good job of providing resources, but parents, teachers and students need to be supportive of those resources. He stated that Roanoke's school facilities are among the best in the country, with course offerings that are diverse, and students can go as far as their abilities will take them. He advised that a weakness lies in Iow test scores that must be reversed and he will support whatever measures are necessary to change the trend. Ms. Wyatt asked the followinq questions: Explain a promotion and retention policy that opposes social promotions but says no child should be retained prior to third grade and that every child will be reading on grade level by the end of third grade, regardless of what level of readiness with which they enter kindergarten? Mr. Wishneff advised that School Board workshops have been dedicated to the promotion/retention policy. He expressed concern that if one looks at the lessons learned from the Standards of Learning test scores, despite the questions that are perceived to be problems, the SOL's have the attention of everyone because they are very specific and there is a certain number that must be reached. He stated that it appears that the same kind of specificity should apply to the promotion/retention policy. Given the broad range of socio-economic and academic readiness by students and the variances on these variables from school to school and from classroom to classroom, how would you objectively link teacher pay to student Standards of Learning scores? Mr. Wishneff responded that he supports the concept and is willing to support the process to determine if it can be achieved. What is your assessment of teacher morale in the Roanoke City School system? Mr. Wishneff advised that there currently appears to be a great deal of stress and the best way to relieve stress is to be successful in the school system. 8 On behalf of Vice-Mayor Harris, the Mayor asked the followin~l question: As you seek reappointment following your initial three year term of office on the School Board, how would you propose to strengthen the relationship between businesses and schools? Mr. Wishneff advised that he has not been able to achieve as much in that regard as he would like; however, the proposed technical academy will provide a direct relationship with the business community. Mr. Hudson asked the followinc~ questions: What is your position with regard to opening school libraries/gymnasiums during the school year between the hours of 3:00 p.m. and 6:00 p.m.? Mr. Wishneff advised that he would support the concept of making school facilities more available to the public during after school hours, and called attention to a series of meetings over the last six to 12 months to discuss those issues and to explore ways to make the schools more accessible. He added that he has encouraged the School Superintendent to explore the idea of opening the recently renovated school media centers in the evening, and he is working on a pilot program to open the three middle schools that are equipped with the latest in computer technology during after school hours. How would you assess the performance of Superintendent E. Wayne Harris? Mr. Wishneff advised that Dr. Harris is doing a great job, and he has helped the school system to overcome a number of issues. The Mayor asked the followinq question: In view of the tragic situation at Columbine High School in Littleton, Colorado, where students were killed and/or injured by other students, what additional steps can be taken to protect the children in Roanoke City Public Schools? Mr. Wishneff advised that Roanoke City Schools are safe and compare favorably with other schools in the area. He stated that school safety begins with behavior and attitude, and school officials have tried to crack down on certain behavioral issues such as how a child dresses, the use of foul language, and loitering, all of which lead to a safe school environment and the Roanoke City School system is making a tremendous amount of progress. The third person to be interviewed was Michael W. Ridenhour: Mr. Ridenhour advised that the position of School Trustee carries a huge responsibility to inspire and to motivate students, and Roanoke is fortunate to have a man of Dr. E. Wayne Harris' abilities to lead its school system. He stated that even the humblest of Roanoke's citizens can serve the City and serve it well, and each citizen should be considered equal, particularly in matters of government and civic rule. He advised that he has a Masters Degree in Education, although he is not a skilled teacher, he owns his own business, he has no specified agenda or political base, and he has no bias for or against any particular group; however, he is gifted with the ability to listen to people even though they may have differing viewpoints. He pledged that if he is appointed as a Trustee of the Roanoke City School Board, every teacher, student, parent or otherwise will receive a friendly, welcome and helping hand whenever they need assistance. He encouraged all citizens of Roanoke to offer themselves to public service where they will find a generosity of spirit by the Members of City Council and the citizens of Roanoke. Mr. Trout asked the following question: What experience would you bring to the School Board? Mr. Ridenhour advised that as a audiologist, he is called upon to make judgements on tests limited to specific data on a minute by minute basis, which is based on the appraisal of an individual as he or she reacts, and he does not have the luxury of making a decision after giving careful thought to the responses. He stated that he has been successful in working with children from kindergarten to age 20 and his ability to analyze a situation immediately, along with his clinical skills, would be an asset to the School Board. Mr. White asked the following question: What do you perceive to be the major strengths and the major weaknesses within the Roanoke City School system and what can you do as an individual Board member to emphasize the strengths and to mitigate the weaknesses? Mr. Ridenhour advised that Roanoke has a good teaching staff as evidenced by the fact that students attend Roanoke City Schools from all over the Roanoke Valley. However, he stated that the school system is not without its problems such as the need for better discipline, teachers need to be instructed in behavior management, and working in conjunction with school resource officers and the school administration, teachers could identify those children who may be at risk for violence or other types of behavioral problems. 10 Ms. Wyatt asked the followin~l questions: Explain a promotion and retention policy that opposes social promotions, but says that no child should be retained prior to third grade and that every child will be reading on grade level by the end of third grade, regardless of what level of readiness with which they enter kindergarten? Mr. Ridenhour advised that he opposes social promotions, although he would have a problem with strict guidelines that would be required to be followed in every case, because there are children who fall into various categories of learning, and no hard and fast rule should apply to all children since every child is at a different learning level. Given the broad range of socio-economic and academic readiness by students and the variances of these variables from school to school and from classroom to classroom, how would you objectively link teacher pay to student Standards of Learning scores? Mr. Ridenhour called attention to those teachers who have dedicated themselves to working with learning disabled students and stated that he had previously suggested in an interview with the Roanoke Education Association that all teachers should be required to teach at Fishburn Park Elementary School or Crystal Spring Elementary School at least one year during their tenure where they would have an opportunity to work with highly motivated students. As an audiologist, he advised that he has the opportunity to relate to people on their individual levels which is something that teachers must also do. He stated that some parents do not know the right questions to ask because the school system has become overly complicated with the Standards of Learning, etc. What is your assessment of teacher morale in the school system? Mr. Ridenhour advised that teacher morale is Iow because of a school administration that is excellent in its intelligence, but not as excellent in its communication skills. He stated that in talking with teachers, he is of the opinion that there is a universal feeling that they are treated as though they are not intelligent, learned people which leads to feelings of resentment. He further stated that School Board members should visit all City schools and should not be some august body that has no outlet to the real world, School Board Trustees should be accessible and listen to different points of view, and teachers need to perceive that they are being listened to. 11 Mr. Hudson asked the following questions: How would address discipline problems in the schools? Mr. Ridenhour advised that he believes in a good disciplinary action program because children are not capable of making good judgement decisions; therefor, parents, the School Board, Council, teachers, administrators, etc., must exercise maturity and make sound adult decisions. He stated that children must not be allowed to have free reign, and if certain standards are set, they will rise to the occasion. What is your position with regard to opening school libraries and/or gymnasiums during the school year between the hours of 3:00 - 6:00 p.m.? Mr. Ridenhour advised that allowing the media centers and gymnasiums to remain open after school hours would be an excellent idea if thers are children who are getting into trouble because they have nothing to do before their parents get home from work in the evening. Mr. Swain asked the following questions: Define what accountability means to you at the following levels: administration, teacher and student. Mr. Ridenhour advised that at the top of the tier of accountability is the School Board, and the Superintendent should be accountable to the School Board. He stated that the School Board must be knowledgeable about school issues while being in touch with parents; and the School Board should attend PTA meetings and stay abreast of concerns of parents and teachers if the School Board is to hold the school administration accountable. He advised that teachers should be accountable to supervisors to insure that effective teaching methods are in place, and the Standards of Learning will provide a good start, although they are not the be all and end all. In regard to accountability for teachers, he proposed that there should be supervisory oversight and peer oversight. He stated that accountability for students should involve attending class, being obedient to teachers, doing their homework, and doing their best to pass tests. Mr. Swain asked the followinq questions: If you find that the vocational education program needs to be improved, what steps would you take? 12 Mr. Ridenhour responded that working with ones' hands is just as important in society as working with ones' mind. On behalf of Vice-Mayor Harris, the Mayor asked the followinq question: There is much talk about accountability in public education. Many times Council hears that more money is needed to improve education, especially as measured in test scores. While the Roanoke City School budget is presently 50 per cent greater than it was in 1990, test scores have remained flat. Since more money is obviously not the answer, what is? Mr. Ridenhour advised that direction, leadership, and diverse opinions are necessary in order to reach a consensus. He stated that debating and complaining is not the solution, because the solution involves everyone working together to raise the confidence level of children and to provide the necessary direction. The Mayor asked the followin[I question: In view of the tragic situation at Columbine High School in Littleton, Colorado, where students were killed and/or injured by other students, what additional steps can be taken to protect the children in Roanoke City Public Schools? Mr. Ridenhour advised that children should have a formal dress code, and teachers and administrators should be trained to recognize problem areas through seminars on behavior management and those symptoms to look for in a troubled child. He called attention to an Internet course which is designed to help teachers identify children with problems. The fourth and final person to be interviewed was Toni J. Brandon. Ms. Brandon advised that she is offering her candidacy as a Trustee of the Roanoke City School Board for three reasons: she is a product of the Roanoke City Public Schools, she is an educator, and she cares about the future of Roanoke's youth. She further advised that she applied for a position on the School Board because she wants to give something back to a school system that, along with parental guidance, helped her to develop integrity, pride in her country and in her city, faith in God and a sense of self-respect and self-worth. She stated that she has visited five of the 29 schools in the Roanoke City and observed remarkable programs currently in place, and spoke in support of competitive programs such as CITY School and the Governor's School. She advised that after meeting with principals from some of the schools, she heard one common message -- more parental involvement is needed. She explained that as an educator, she recognizes that there is a new type of student in the classroom today, the student who may be 13 academically sound, but not socially sound which is an area where there is a need for character education and promotion of patriotism and pride within the student. She stated that as we look toward the future, social promotions must be eliminated, and expressed support of the new Standards of Learning tests. She applauded the current School Board for hiring more teachers, reducing class sizes, raising teacher salaries, expanding teacher training, and renovating approximately 12 City schools. Mr. White asked the following question: What do you perceive to be the major strengths and the major weaknesses within the Roanoke City School system and what can you do as an individual Board member to emphasize the strengths and to mitigate the weaknesses? Ms. Brandon advised that the strengths of the Roanoke City School system lie in the excellent programs that are currently in place, such as the Magnet Schools which provide an opportunity for children to participate in various programs, along with preparing them for certain life experiences and to move on to higher education and to further their goals in life. She also spoke in support of the CITY School program and the International Baccalaureate Program which makes Roanoke City more competitive nationally with other school systems. In terms of weaknesses, she advised that teachers are concerned about parental involvement and a lack of motivation by some students to learn which is a problem in most school systems. Ms. Wyatt asked the following questions: Explain a promotion and retention policy that opposes social promotions but says that no child should be retained prior to third grade and that every child will be reading on grade level by the end of third grade regardless of what level of readiness with which they enter kindergarten? Ms. Brandon advised that the goal of the new Standards of Learning is to prepare Roanoke's youth to move forward to the next level of learning. She stated that she strongly opposes social promotions and supports summer school programs to better prepare students for the Standards of Learning tests. Given the broad range of socio-economic and academic readiness by students and the variances of these variables from school to school and classroom to classroom, how would you objectively link teacher pay to student Standards of Learning scores? 14 Ms. Brandon advised that teaching is a performance-based field which should provide an incentive for teachers to excel, and the first incentive for teachers should be to better prepare students for the Standards of Learning tests. She stated that one incentive could be an added bonus. What is your assessment of teacher morale in the school system? Ms. Brandon advised that teacher morale is not Iow, although there may be some morale problems, and the fear by some teachers of losing their job and lack of support could contribute to a morale problem. She added that lack of parental involvement could also contribute to Iow morale, and in order to build the morale of teachers, a strong support system must be in place. She spoke to the advantages of a mentoring system among teachers. Mr. Hudson asked the followincj question_~: How would address discipline problems in the schools? Ms. Brandon advised that part of the discipline situation is tied to Iow self- esteem which could be altered by reinstitution of character education in the schools. She stated that Senator John S. Edwards' promotion of character education will help to involve children in activities that will provide them with a sense of feeling good about themselves, and a sense of pride in country, and parental involvement will also help the discipline situation. What is your position with regard to opening school libraries/gymnasiums during the school year between the hours of 3:00 - 6:00 p.m.? Ms. Brandon advised that opening school facilities from 3:00 to 6:00 p.m., is a good idea because the more a child has to do in terms of focusing on positive activities the better. She stated that after school programs and activities would help children to feel good about themselves and to focus on positive activities. Mr. Swain asked the followincj question~: Define what accountability means to you at the following levels: administration, teacher and student. Ms. Brandon advised that the school administration and teachers are accountable for the children and they cannot and should not go into the classroom without a feeling of responsibility for the outcomes. She called attention to the need 15 for parental involvement, and advised that getting the students interested in learning requires a passion from the teacher to teach, and if the children see that the teacher is excited about a subject matter, the students will also experience excitement. If you find that the vocational education program needs to be improved, what steps would you take? Ms. Brandon praised the vocational education program at William Fleming Magnet School, advising that there are other excellent programs that could be duplicated. She stated that those programs currently in place will enable students to graduate from the Roanoke City School System and to be competitive with students from other school systems. Mr. Trout asked the followinq question: So much time is being spent on preparing students for the Standards of Learning tests that teachers and students are not taking advantage of other vital programs offered by the school system. Do you agree or disagree? Ms. Brandon advised that study time must be balanced in preparing for the Standards of Learning tests and there will be an opportunity during the summer months to participate in courses addressing the Standards of Learning which will not take away from daily learning by the students. She stated that the school system must move forward in preparing students for the Standards of Learning, therefore, preparation is not taking away from daily education. On behalf of Vice-Mayor Harris, the Mayor asked the followincj question: The Roanoke City School Board deals with facility management issues; i.e.: capital projects. One major capital project looming in the future is the renovation of the two high schools, at an estimated cost of $75 million. Given that the School Board does not have enough debt service incorporated into its budget for such a project, what are your thoughts about how high school renovations could be funded? Ms. Brandon called attention to the possibility of applying for grant funds. She stated that to identify funding sources will require time, but with appropriate research and Federal funds, it will be possible to identify funding sources for high school renovation. 16 The Mayor asked the followinq question: In view of the tragic situation at Columbine High School in Littleton, Colorado, where students were killed and/or injured by other students, what additional steps can be taken to protect the children in Roanoke City Public Schools? Ms. Brandon called attention to the need to take a proactive approach to school safety, and the school system should not find itself in a position of reacting to violence. She stated that there are discipline problems in the schools, and a first step in the right direction was the zero tolerance for weapons on school grounds, and sniff dogs searching for drugs and weapons is also a good idea. She advised that there is no easy one step solution to eliminating violence from the schools, the school system should review proactive ways of keeping weapons off school grounds completely, and involving youth in special activities that will provide them with reasons to attend school while building self esteem is a step in the right direction. She stated that the school system should continue to look at positive ways to keep violence out of the schools and when an incident occurs, the School administration should be forceful in dealing with the situation so that students will know that a strong stance will be taken and violence will not be tolerated. She advised that continuing zero tolerance for violence, continuing programs and activities that promote positive and strong self esteem, initiation of character education courses, and parental involvement are all important elements to school safety. The interviews having been concluded, the Mayor declared the meeting adjourned at 8:25 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 17 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 August 2, 1999 Council Members: C. Nelson Harris W. Alvin Hudson Carroll E. Swain James O. Trout William White, Sr. Linda F. Wyatt The Honorable 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, C. Nelson Harris Vice-Mayor CNH:se MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 2, 1999 File #5-66 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia William M. Hackworth City Attorney Roanoke, Virginia Gentlemen: Your report in response to a statement made by Scott Johnson on February 16, 1999, with regard to certain arrests by the Police Department in Wasena Park, was before the Council of the City of Roanoke at a regular meeting which was held .on Monday, August 2, 1999. On motion, duly seconded and adopted, the report was received and filed. Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney Mr. Scott Johnson, 1023 Wasena Avenue, S. W., Roanoke, Virginia 24016 George C. Snead, Jr., Director, Public Safety A. L. Gaskins, Chief of Police August 2, 1999 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Park Safety Dear Mayor Bowers and Council Members: On February 16, 1999, Scott Johnson appeared before City Council. According to correspondence which he filed with Council and statements made during the Council meeting, Mr. Johnson is a spokesperson for members of the gay community and local gay rights organizations. The subject of Mr. Johnson's remarks was the arrests in Wasena Park for solicitation to commit sodomy. In his statement before Council, Mr. Johnson contended that the police should not enforce the anti-solicitation law because such activity results in selective enforcement against gay men. 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 came forward and 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. Unfortunately, these arrests do not appear to have significantly deterred public sex in the parks or bathrooms. In September, 1998, the Vice Bureau received a citizen complaint that condoms had been found in the playground at Smith Park. Working with the Commonwealth's Attorney's Office, the Police Department undertook an investigation which resulted in charges against seventeen adult men for soliciting others to commit sodomy, as defined in Virginia law. The Department estimates that twenty-seven hours were spent on the investigation. Since the park 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. No City ordinances were involved in the prosecutions. H:\COUNCIL~L-HMPARK. 1 The Honorable Mayor and Members of City Council August 2,1999 Page 2 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 these challenges. After the rulings upholding the statutes, some of the defendants have entered pleas of nolo contendere, thereby acknowledging guilt for purposes of criminal charges, and one of the other defendants has been found guilty by a jury. Several of those defendants have appealed their convictions. Charges are pending against the remaining defendants. It is submitted that the judiciary is the appropriate agency for determining whether the statute should be overturned. The police investigation into sexual activities in Wasena Park was based upon a clear concern for the appropriate use of the City's parks. These parks are designed to provide a wholesome and relaxing recreational area for citizens of all ages. Sexual activity, including using park bathrooms for planning and soliciting sex, simply has no place in such public areas. We hope this is responsive to the Council's inquiry. We will be pleased to respond to any questions you have with regard to this matter. Respectfully submitted, Acting City Manager William M. Hackworth City Attorney JDR:WMH:WXP:f cc: The Honorable Donald S. Caldwell, Commonwealth's Attorney Mary F. Parker, City Clerk George C. Snead, Director of Public Safety A. L. Gaskins, Chief of Police Mr. Scott Johnson H:\C 0UNCIL'xL-HMPAP. K. I Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk February 22, 1999 File #5-66 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Gentlemen: I am attaching copy of a statement of Mr. Scott Johnson, 1023 Wasena Avenue, S. W., representing members of the gay community and local gay dghts organizations with regard to certain arrests by the Police Department in Wasena Park, which statement was before the Council of the City of Roanoke on February 16, 1999. On motion, duly seconded and unanimously adopted, the statement was referred to you for review and report to Council. Sincerely, Mary F. P~rker, CMC/AA~ City Clerk MFP:Io pc: Mr. Scott Johnson, 1023 Wasena Avenue, S. W., Roanoke, Virginia 24015 H:~AGENDA99~FEB 16.WPD Scott Johnson 1023 Wasena Avenue Roanoke, VA 24015 5401343-0381 hor[2com@aol.com Honorable Mayor David Bowers and Members of Roanoke City Council 215 Church Avenue, Room 456 Roanoke, VA 24011 February 5, 1999 Dear Mayor and Members of Council, I wish to make a bdef address at the City Council meeting on Tuesday evening, February 16, 1999, regarding the arrests in Wasena Park in the fall of last year. am a spokesperson for members of the gay community and local gay rights organizations. Representatives of these groups will also be present. My comments will take approximately 5 minutes. Specifically, I will applaud the efforts of our police department to make the parks safe for everyone in our city, but will raise concerns that some recent police actions are counterproductive to this goal. Thank you for your consideration of my request. If you need more information, please feel free to contact me. I look forward to your reply. Sincerely, Scoff Johnson FEB-08-199~ 10:58 540 3456588 96Z P.02 Address to City Council February 16, 1999 Mayor Bowers, Members of Council, Residents and Friends, My name is Scott _lohnson. 1 am a gay man. ! have been in a committed relationship for 12 years. ! live on Wasena Avenue, and ! walk in Wasena Park. !n response to two or three compaints per year, the Police Department of this City, in cooperation with Assistant Commonwealth Attorney Dennis Nagel, carried out an undercover operation in Wasena Park last fall to find and arrest gay men who were presumed by police to be soliciting other men for sex. !n many cases, these men were approached by police, who first brought up the subject of sex. This makes the police action seem very much like entrapment to us. !t is the kind of action that makes it very uncomfortable for gay men to congregate, something the rest of our society takes completely for granted. This is not the first time that gay men have been arrested in a city park. According to police records, both gay and straight people are arrested in many parts of the city for public sexual activity. But these men were not arrested for public sexual activity, which is a misdemeanor. These men were arrested for soliciting sexual activity, that is, talking about sexual activity, which is, in this state, a felony. Many people might be surprised to learn that oral sex, between two consenting adults, regardless of gender, relationship or location, is a felony in Virginia. This means that a straight married couple, in the privacy of their bedroom, are committing a felony if they have oral sex. Oddly, it is only a misdemeanor if they do it for money, so that couple better have some spare change on hand if they want to stay out of prison. Soliciting someone to commit a felony is itself a felony, and therefore, eighteen men were arrested for the felony of having a conversation about sex. Eighteen men had their lives forever altered because they were in the park on those nights. Eighteen men may have their careers ruined, lose their right to own a gun, hold public office and vote. Eighteen men may go to prison for simply having a conversation about sex. Straight people have sex in Wasena Park, nearly every week, in broad daylight. I have seen it often. How many have been arrested? None, according to official police records. How many straight people have ever been arrested in any part of the city for soliciting oral sex? One, according to official police records. Ladies and gentlemen, we are not here tonight to support the right of anybody to have sex in public. We support laws against public sexual acts. We are not here tonight to protest the work of the police department. We support the police in their work to protect our lives, our children and our families. Tn fact, we think they should have more time and resources to do just that. We are here tonight to protest the selective enforcement of an outdated law that threatens with imprisonment gay citizens for conversation. Who are WE? We are: (Stand when announced, remain standing until the end) Ed Harris, Retired Baptist Minister Reverend Catherine Houchins, Minister, and the Members and Friends of the Metropolitan Community Church of the Blue Ridge The Diversity Task Force of the Unitarian Universalist Church of Roanoke Parents and Friends of Lesbians and Gays And other Supporters of .lustice and Equality in this Valley. We are here tonight so that you, and everyone in our community may know who we are. We invite you to contact us if you have questions about our position on this issue, or concerns about our willingness to work with you to make this city a better place to live. Ladies and Gentlemen, we believe Virginia's law that makes criminal, private sexual conduct between consenting adults, is wrong. We are working in the courts and the legislature to remove this law. Until then, we believe that it should not be enforced against anybody. We believe that selective enforcement against a small minority is even worse. We ask City Council to direct the police department to end forever the aggression against gay men ... and one straight woman ... for FELONY CONVERSAT]:ON. Thank You. 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 August 2, 1999 File #15-110-184-202 SANDRA H. EAKIN Deputy City Clerk Stephen L. Jamison, Chair Personnel and Employment Practices Commission 3450 Brymoor Road, S. VV. Roanoke, Virginia 24018 Dear Mr. Jamison: This is to advise you that on July 26, 1999, I. B. Heineman qualified as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2002. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Kenneth S. Cronin, Secretary, Personnel and Employment Practices Commission Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, I. B. Heinemann, 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 Personnel and Employment Practices Commission for a term ending June 30, 2002, according to the best of my ability. (So help me God.) Subscribed and sworn to before me this~,~/~ day of ~ 1999. ARTHUR B. CRUSH, III, CLERK H:~AGENDA99XJLrLY6.WPD MARY F. PARKER,'CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 2, 1999 File #15-110-394 Frances L. Keen, Vice-Chair Cultural Services Committee 1226 Rugby Boulevard, N. W. Roanoke, Virginia 24017 Dear Ms. Keen: This is to advise you that on July 28, 1999, Beverly A. James qualified as a member of the Cultural Services Committee for a term ending June 30, 2000. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Glenna O. Ratcliffe, Secretary, Cultural Services Committee Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Beverly A. James, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Cultural Services Committee for a term ending June 30, 2000, according to the best of my ability. (So help me God.) Subscribed and sworn to before me this "<~day of 1999. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK H AAGEblDA99'0~JLY6.WPD MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 2, 1999 File #15-110-467 Melinda J. Payne, Chair Roanoke City School Board 301 Rutherford Avenue, N. W. Roanoke, Virginia 24016 Dear Ms. Payne: This is to advise you that on July 22, 1999, Charles W. Day and Brian J. Wishneff qualified as Trustees of the Roanoke City School Board for terms of three years each, commencing July 1, 1999 and ending June 30, 2002. Sincerely, f~a, ag,~,,~. Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Cindy H. Lee, Clerk, Roanoke City School Virginia 24031 Sandra H. Eakin, Deputy City Clerk Board, P. O. Box 13145, Roanoke, Oath or Affirmation of Offi,:e i, ChMiel W. DeY, ..,.- M W-- eoemeemk~ july 1, tM ami ending June 30' :aleS' Oath or Affirmation nf Office I, Briln J. Wllhneff, do IJokmnnly llplm' (or Iffkm) Ililt I will mlqlpod like MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 2, 1999 File #20-66 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, August 2, 1999, Kermit S. Shriver, Jr., addressed Council with regard to recommended measures to improve road conditions in the vicinity of 816 Riverland Road, S. E. The matter was referred to the Acting City Manager for investigation and report to Council. Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Mr. Kermit S. Shriver, Jr., 18 Mountain Avenue, S. W., Roanoke, Virginia 24016 Robert K. Bengtson, Acting Director, Public Works/Traffic Engineer ,%. 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 2, 1999 File #178 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. 34414-080299 authorizing the City Manager to obtain an environmental consultant to provide environmental review services, as requested by the Roanoke Redevelopment and Housing Authority, in connection with the Lincoln Terrace HOPE VI Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 2, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance Robert K. Bengtson, Acting Director, Public Works Glenn D. Radcliffe, Director, Human Development Phillip F. Sparks, Chief, Economic Development Evelyn S. Lander, Chief, Planning and Community Development Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget Charles M. Huffine, City Engineer Glenn A. Asher, Manager, Risk Management H. Daniel Pollock, Jr., Coordinator, Housing Development Vickie $. Tregubov, Grants Monitor, Office of Grants Compliance 1NTHE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1999. No.' 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. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Acting City Manager or the Acting Assistant City Manager is hereby authorized 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, and to execute a contract for such services, contingent upon successful negotiation and execution of a contract with the RRHA, specifying the terms and conditions regarding payment mechanisms, limitations of the City's risks and other necessary provisions, as more particularl½ set forth in the City Manager's report to this Council dated August 2, 1999. The Acting City Manager or Acting Assistant City Manager is further authorized to execute the contract with the RRHA referred to in the said report. 2. The contracts set forth above shall contain such other terms and conditions deemed appropriate by the City Manager, and the form of the contracts shall be approved by the City Attorney. ATTEST: City Clerk. H:~q. ES'41.-EN¥ IRON-REVIEW-SERV- RRItA Roanoke, Virginia August 2, 1999 99-17 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Lincoln Terrace HOPE VI Environmental Review Request by the Roanoke Redevelopment and Housing Authority (RRHA) I. Background: Ao HOPE VI is a public housing rehabilitation assistance program of the U.S. Department of Housing and Urban Development (HUD). The 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 RRHA can draw any of the grant funds. Do The City of Roanoke is designated the "responsible entity" for conducting the review under the applicable environmental regulations, even though the grant recipient is the RRHA. HOPE VI grants are subject to the environmental rules found at Title 24, Part 58, of the Code of Federal Regulations. These rules specify that, when HUD funding is awarded that will benefit a jurisdiction, the local government becomes responsible for the required environmental review. Eo The City may decline to conduct the review, in which case the RRHA is required by the applicable environmental regulations to request that HUD itself take on the task. II. Current Situation: Ao The RRHA's HOPE VI grant period began January 11, 1999, and ends July 11, 2003. The time expended to complete the environmental review reduces the grant period remaining for the actual rehabilitation and related project activities at Lincoln Terrace. The RRHA has asked the City to procure a firm to conduct the review. This would also entail the City's contracting with and managing the firm's review activities. C. The RRHA will pay for the costs of the review. The City will not be required to front- fund any of the costs of the review. An agreement will be executed between the City Members of Council Page 2 III. and the RRHA which specifies the relationship between the parties with respect to the environmental review, including the mechanism for paying the consultant procured by the City. Should the City decline, HUD will engage the 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 Corps could perform the review. City staff met on April 27 to assess the risks to the City if it agreed to the RRHA's request. 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. Staff found the risks to be manageable and acceptable, and recommended to City management that it consider moving forward with the RRHA request. The staff recommendation was based on the following factors which limit the City's exposure: The RRHA has title to the land and any issues revealed by the review would be its responsibility. The agreement to be entered into by the City and the RRHA would, among other things, incorporate the specifications the City will use to procure the consultant. The City's agreement with the consultant would call for professional and contractual liability insurance to provide protection to the City against errors in the report and environmental contaminants being disturbed by the consultant in conducting the review. City Council authorization is needed in order to proceed with the procurement of an environmental consultant. Issues: A. Risks to the City. B. Cost to the City. C. Delays in initiating the Lincoln 2000 project. IV. Alternatives: A. Authorize the Acting City Manager. or his designee, to procure environmental review Members of Council Page 3 services as requested by the RRHA, 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, approved as to form by the City Attorney. Risks to the City would be limited and manageable, based on the factors discus- sed in part II.E. above. Cost to the City will consist primarily of advertisements and staff time related to procuring and managing the consultant. The cost of advertising is estimated to be $500.00, with staff time estimated at $3,900.00, for a total of $4,400.00. These estimates are based on the need for a "phase one" review of the prior land uses and City staff time 6 hours per week for 13 weeks (90 days), billed to the RRHA at $50.00 per hour, for consultant management. The City's costs will be among the items to be negotiated with the RRHA. The costs of the consultant in conducting the review will be borne by the Authority. A delay in initiating the Lincoln 2000 project of two years or longer can be expected, should the City decline to procure the consultant and the RRHA need to request HUD's assistance. A delay of this magnitude would significantly impair the RRHA's ability to complete the project within the allowed time frame. Do not authorize the Acting City Manager, or his designee, to procure environmental review services as requested by the RRHA. Risks to the City would not be an issue, other than the potential to adversely impact the RRHA's ability to complete the Lincoln 2000 project within the grant period. 2. Cost to the City would not be an issue. Delays in initiating the Lincoln 2000 project amounting to two years or longer might be unavoidable. V. Recommendation: It is recommended that City Council concur with Alternative A, which would authorize the Acting City Manager, or his designee, to procure environmental review services as requested by the RRHA, 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, approved as to form by the City Attorney. Members of Council Page 4 Respectfully submitted, J~.r~s D. Ritchie Acting City Manager JDR:feb C: Acting Assistant City Manager City Attorney Director of Finance Acting Director of Public Works Director of Human Development Chief, Economic Development Chief, Planning and Community Development Acting Budget Administrator City Engineer Risk Management Officer Housing Development Coordinator Office of Grants Compliance 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 August 2, 1999 File #60-236 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. 34416-080299 authorizing the appropriate City officials to enter into a Community Development Block Grant Agreement and any necessary amendments thereto, with the Presbyterian Community Center, Inc, for the purposes specified in a report of the Acting City Manager under date of August 2, 1999. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 2, 1999. Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: Patricia Dillard, Executive Director, Presbyterian Community Center, 1228 Jamison Avenue, S. E., Roanoke, Virginia 24013 James D. Grisso, Director of Finance Robert K. Bengtson, Acting Director, Public Works Glenn D. Radcliffe, Director, Human Development Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1999. No. 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. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the Acting City Manager or the Acting Assistant City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, a CDBG Agreement with the Presbyterian Community Center, Inc., and any necessary amendments thereto, within the limits of funds set forth, and for the purposes specified, in the City Manager's report to this Council dated August 2, 1999. 2. Such Agreement shall be in substantially the same form as the attachment to the report of the City Manager, and shall be approved as to form by the City Attorney. ATTEST: City Clerk. H:'O~ESW.-CDBG-PRESBYTERIAN MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 2~5 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 August 2, 1999 File #60-236 SANDRA H. EAKIN Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34415-080299 amending and reordaining certain sections of the 1999-2000 Grant Fund Appropriations, providing for transfer of $10,000.00 from Family Transportation ASsistance to Southeast Youth Center Project, in connection with a Community Development Block Grant agreement with the Presbyterian Community Center, Inc. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 2, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: James D. Ritchie, Sr., Acting City Manager Robert K. Bengtson, Acting Director, Public Works Glenn D. Radcliffe, Director, Human Development Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of August, 1999. No. 34415-080299. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1999-2000 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Aoorooriations Community Development Block Grant - Other Projects $ 3,402,209 Neighborhood Projects - FY99 (1) ............................... 288,666 Human Resource Programs - FY99 (2) ........................... 348,063 1) Southeast Youth Center (035-099-9937-5149) $ 10,000 2) Family Transportation Assistance (035-099-9938-5172) (10,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia August 2, 1999 Report No..99-33 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Community Development Block Grant (CDBG) Agreement with the Presbyterian Community Center, Inc. (PCC) I. Background: Council authorized approval of the FY 1998/99 Annual Update to the Consolidated Plan by Resolution No. 33873-051198 and appropriated funds by Ordinance No. 33874-061598. 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. The anticipated lead agencies were to be the Presbyterian Community Center and the Boys and Girls Club. Presbyterian Community Center also requested $10,000.00 for the Family Transportation Assistance Program, and funding was approved. Do Cooperation between the Presbyterian Community Center, the Boys and Girls Club, and the Roanoke City staff has been ongoing to discuss the best use of CDBG funds. E° Office of Grants Compliance staff recommended and received 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. City Council approved an amendment to the FY 1998/99 Annual Update to the Consolidated Plan and execution of an agreement between the City of Roanoke and the Boys and Girls Club of Roanoke Valley for $60,000.00 by Resolution No. 34351-0621 99. Honorable Mayor and Members of City Council Report No. 99-33 August 2, 1999 Page 2 II. Current Situation: Presbyterian Community Center has entered into an agreement with the owner of the building located at 1228 Jamison Avenue, SE, 'to lease additional space in order to expand their services. PCC is requesting that the CDBG funds be used for renovation costs of the additional space. Program changes and the eligibility requirements made it difficult to use the $10,000.00 approved for the Family Transportation Assistance Program. The Office of Grants Compliance recommended that these funds be used toward renovation costs. 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. The money will be used for renovation costs. It is anticipated that this money will leverage approximately $179,779.00 in private funds. III. Issues: A. Community Needs B. Cost to the City C. Timing IV. Alternatives: Authorize the Acting City Manager or Acting Assistant City Manager to execute, and the City Clerk to attest, a CDBG Agreement with PCC (similar in form and content to Attachment A) and amendments thereto, if necessary, approved by the City Attorney. Any such amendments shall be within the limits of the funds appropriated by City Council and the purposes set forth in the Agreement for the project; and Authorize the Director of Finance to transfer $10,000.00 from account 035- 099-9938-5172, Family Transportation Assistance, to account 035-099- 9937-5149, ($60,000.00) Southeast Community Center Project, for a total project cost of $70,000.00. Community needs are met by allowing the Presbyterian Community Center to renovate the additional space adjacent to their current facilities for continuing and expanding youth programs, as well as Honorable Mayor and Members of City Council Report No. 99-33 August 2, 1999 Page 3 offering job readiness, counseling and referral services for the citizens of southeast Roanoke. Cost to the City is $70,000.00 in CDBG funds. Funds are available in existing accounts as noted above in "A." Timing is important in that CDBG funds approved for FY 1998/99 will be obligated. Do not authorize the Acting City Manager or the Acting Assistant City Manager to execute, and the City Clerk to attest a CDBG Agreement with PCC (similar in form to Attachment A) and approved by the City Attorney. Do not authorize the Director of Finance to transfer $10,000.00 from account 035-099-9938-5172, Family Transportation Assistance, to account 035-099- 9937-5149, ($60,000.00) Southeast Youth Center project for a total project cost of $70,000.00. Community needs will not be met for providing the continuation and expansion of programs for the youth as well as job readiness, counseling and referral services for the citizens of southeast Roanoke. 2. Cost to the City would not be an issue. Timing to obligate the CDBG funds approved for FY 1998/99 would not be met and the City would not meet its Consolidated Plan goals. V. Recommendation: Concur with Alternative "A" to authorize the Acting City Manager or the Acting Assistant City Manager to execute, and the City Clerk to attest, a CDBG Agreement with PCC (similar in form to Attachment A) and amendments thereto, if necessary, approved by the City Attorney. Any such amendments shall be within the limits of the funds appropriated by City Council and the purposes set forth in the Agreement for the project; and Authorize the Director of Finance to transfer $10,000.00 from account 035- 099-9938-5172, Family Transportation Assistance, to account 035-099- 9937-5149, ($60,000.00) Southeast Youth Center Project, for a total cost of $70,000.00. Honorable Mayorand Members of City Council Repod No. 99-33 August2,1999 Page 4 Respectfully submitted, Acting City Manager JDR/CAH/ cc: Acting Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Development Acting Budget Administrator Patricia Dillard, Executive Director, Presbyterian Community Center 1228 Jamison Avenue, SE, Roanoke, VA 24013 Attachment A AGREEMENT This Agreement is made and entered into this and between the following parties: day of August, 1999, by The Grantee - City of Roanoke, Virginia 215 Church Avenue, SW. Roanoke, Virginia 24011 and the Subgrantee - Presbyterian Community Center, Inc. 1228 Jamison Avenue, SE Roanoke, Virginia 24013 WHEREAS, the Grantee has been authorized by its City Council pursuant to Resolution No. -080299, adopted August 2, 1999 to provide Seventy Thousand and 00/100 Dollars ($70,000) in Community Development Block Grant funds as part of its Southeast Community Center program; and WHEREAS, the Roanoke City Council approved by Resolution No. -080299, the 1999 Community Development Block Grant (CDBG) program and Ordinance No. -080299 appropriated funds therefore. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES: The Subgrantee shall use the CDBG funds for renovations to be made to the building adjacent to the current Presbyterian Community Center to create a center that will house the Family Learning Center, Literacy Volunteers of America and maintain a neighborhood office for the League of Older Americans. These renovations will allow the center to expand and continue after school tutoring and cultural program activities as well as promote health and wholeness of residents in the area. 2. TIME OF PERFORMANCE: This Agreement shall be for the period of August 1, 1999 through June 30, 2000. 3. BUDGET: The total amount of CDBG funds used for this project shall not exceed $70,000. ., AttaChment A Building Renovations CDBG Budget Demolition Asbestos Abatement doors, storefront improvement floors, ceilings, plumbing, HVAC communications system, paint, roof equipment, sprinkler, contingency TOTAL $ 70,000.00 With prior approval from the Office of Grants Compliance, budgeted funds may be shifted among approved line items for expenses which are consistent with the Scope of Services. PROPOSED PAYMENT SCHEDULE AND PROCEDURES: Requests for payment will be submitted to the City's Office of Grants Compliance for initial review and approval for payment. Funds will be disbursed monthly, as needed. Payment will be made to the Subgrantee within fifteen (1 5) days from date of receipt, subject to the approval of the Grantee. Approval of each payment request will be subject to CDBG eligibility, and a copy of invoices and all other documents and records required by the City's Office of Grants Compliance. The Grantee reserves the right to refuse payment to the Subgrantee in the event that the Subgrantee submits a reimbursement request sixty (60) calendar days from the contract expiration date. SECTION 504: The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance with the Section 504 of the Rehabilitation Act of 1973, as amended which prohibits discrimination against the disabled in any federal assisted program. INDEMNIFICATION: Subgrantee agrees and binds itself and its successors and assigns to indemnify, keep and hold the City and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Subgrantee 10. Attachment A including: (a) Subgrantee use of the streets or sidewalks of the City or other public property; (b) the performance under this Agreement; (c) the exercise of any right or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of Subgrantee to perform any duty imposed upon or assumed by Subgrantee by or under this Agreement. In the event that any suit or proceeding shall be brought against the City or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with Subgrantee on account thereof, Subgrantee upon notice given to it by the City or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the City or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgement being awarded against the City or any or its officers, employees, agents, volunteers or representatives, either independently or jointly with Subgrantee then Subgrantee will pay such settlement or judgement in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the City or any of its officers, employees, agents, volunteers or representatives harmless therefrom. COMPLIANCE WITH FEDERAL REGULATIONS: The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment A and all other applicable federal regulations relating to specific programs performed hereunder. UNIFORM ADMINISTRATIVE REQUIREMENTS: The Subgrantee shall comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non Profit Organizations" and with OMB Circular No. A-110. PROGRAM INCOME: "Program income" means gross income received by the Grantee or Subgrantee directly generated from the use of CDBG funds. Program income, if any, from sale of this property or other sources, shall be submitted to the City within five (5) days of its receipt by the Subgrantee. Program income does not include proceeds from fund raising activities carried out by the Subgrantee. RECORDS AND REPORTS: The Subgrantee shall maintain full and accurate records with respect to all matters covered under this Agreement. All records pertaining to this Attachment A Agreement and the services performed pursuant to it, shall be retained for a period of three (3) years after the expiration date of this Agreement or its amendments. Appropriate City and/or HUD personnel shall have free access to those records during the Agreement duration and the following three-year time period. 1 1. CONFLICT OF INTEREST: No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a position to participate in a decision-making process or gain inside information with regard to any CDBG activity, may obtain a personal or financial interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family or business associates, during their tenure or for one (1) year thereafter. 1 2. SUSPENSION AND TERMINATION: Suspension or termination may occur if the Subgrantee materially fails to comply with any term of this award, and the award may be terminated for convenience by the Grantee or Subgrantee upon written notification to the awarding agency (HUD), setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. 1 3. REVERSION OF ASSETS: Upon expiration of this agreement, or amendments thereto, the Subgrantee shall transfer to the City any CDBG funds or program income on hand at the time of expiration, or received after such expiration, and any accounts receivable attributable to the use of CDBG funds. 14. THIRD-PARTY CONTRACTS: The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 1 5. ANTI-LOBBYING: To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an office or employee of Congress, or an employee of a Member of congress in connections with the awarding of any Federal contract, Attachment A the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, "in accordance with its instructions. 1 6. ENTIRE AGREEMENT: This Agreement, including all of its Exhibits, represents the entire agreement between the parties and this Agreement shall not be modified, amended, altered or changed, except by written agreement executed by the parties. 1 7. GOVERNING LAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: CITY OF ROANOKE: By Mary F. Parker, City Clerk By. City Manager/Assistant City Manager PRESBYTERIAN COMMUNITY CENTER, INC. By Witness By Patricia Dillard, Executive Director APPROVED AS TO CDBG ELIGIBILITY APPROVED AS TO FORM Office of Grants Compliance Assistant City Attorney APPROVED AS TO EXECUTION Assistant City Attorney Attachment A APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Director of Finance Date Account No.035-099-9937XXXX $70,000.00 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 August 2, 1999 File #178-236 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. 34417-080299 authorizing the appropriate City officials to enter into the 1999-2000 HOME Investment Partnership Program Agreement with the Roanoke Redevelopment and Housing Authority as more particularly set forth in a report of the Acting City Manager under date of August 2, 1999. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 2, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development Robert K. Bengtson, Acting Director, Public Works H. Daniel Pollock, Jr., Coordinator, Housing Development Vickie $. Tregubov, Grants Monitor, Office of Grants Compliance Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1999.. No. 34417-080299. A RESOLUTION authorizing the appropriate City officials to enter into the 1999- 2000 HOME Investment Parmership (HOME) Program Agreement with the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the Acting City Manager or the Acting Assistant City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, the 1999-2000 HOME Investment Parmership (HOME) Program Agreement with the Roanoke Redevelopment and Housing Authority, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's report dated August 2, 1999. ATTEST: City Clerk. H: XRE. S'dl.- HO ME- RRH-99 -2000 Roanoke, Virginia August 2, 1999 99-34 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: 1999-2000 HOME Investment Partnerships Program (HOME) Agreement with the Roanoke Redevelopment and Housing Authority (RRHA) I. Background: Historically, the RRHA has administered a variety of HOME programs for the City, including housing rehabilitation and homebuyer assistance. City 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, by Resolution No. 34281-051199. City 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. The letter of approval is completing the routine Congressional release process. II. Current Situation: A total of $830,857 in HOME funds has been budgeted for the RRHA's 1999-2000 HOME Agreement. $784,657 in new and carry-over HOME funds are budgeted for the RRHA's 1999-2000 project costs for the three (3) HOME-funded activities listed below. This amount includes $272,757 which is being carried over to complete rehabilitation and homebuyer projects in progress on June 30, 1999, the end of the prior program year. Consolidated Loan Program -- Grants and/or loans to eligible homeowners and homebuyers and to owners of substandard rental properties for housing rehabilitation. b. Down Payment/Closing Costs -- Grants to eligible homebuyers to Members of Council Page 2 III. IV. Issues: B. C. D. E. reduce the cash required to purchase a home newly constructed or rehabilitated by the RRHA. Homeownership Opportunities Program (HOP) Subsidy - Funding to the RRHA to subsidize part of the costs of constructing new housing under the HOP. $46,200 in HOME funds are budgeted for the RRHA's 1999-2000 general administrative costs relating to the HOME-funded activities. An additional $133,954 in Community Development Block Grant (CDBG) funds for staff and 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% match, which does not apply to "administrative" funds. The match requirement for the KRHA contract will be $63,988. (Funds from prior grant years have already been matched.) Match sources include cash as well as in-kind contributions from non-federal sources. No outlays of City funds will be needed to meet the match requirement. City Council approval is needed to execute an Agreement with the RRHA in order to implement the HOME activities and permit payment to the RRHA for costs incurred. Cost to the City_. Administrative capability. Timing. Impact on neighborhood revitalization. Consistency with the Annual Update. Alternatives: Authorize the Acting City Manager or the Acting Assistant City Manager to execute.. and the City Clerk to attest, the 1999-2000 HOME Agreement with the RRHA (similar in form and content to Attachment 1), approved as to form by the City Attorney. Members of Council Page 3 Do not o Cost to the City will be $830,857 in HOME funds, including the amount needed to complete carry-over projects, plus $133,954 in CDBG project support funding. Necessary HOME funding is available in the accounts listed in Attachment A. 1. of the Agreement. Administrative capability will be assured by executing the Agreement. The RRHA possesses extensive knowledge and experience in the types of activities to be conducted. Timing is important. Housing activities and payments to the RRHA cannot be implemented in the absence of an Agreement. Impact on neighborhood revitalization will be positive. These HOME activities will assist the purchase and/or rehabilitation of approximately 38 housing units. As a result, the appearance, property values and stability of our neighborhoods will be enhanced, and the City's stock of decent, affordable housing will increase. Consistency with the Annual Update will be achieved. The activities and funding covered by the Agreement are specifically authorized in the Annual Update for implementation by the RRHA. authorize execution of the 1999-2000 HOME Agreement with the RRHA. Cost to the City is unclear at this time. Funding would remain available, but other arrangements would have to be made to establish a comparable administrative capability within the City government structure or through contracts with other external agencies. Administrative capability would be negatively affected. While some City staff would be able to perform certain functions, the range of knowledge and experience would be difficult to replace. Timing would be adversely affected. There would be significant delays in making rehabilitation and homebuyer assistance available. Impact on neighborhood revitalization would be negative if assistance with the purchase and/or rehabilitation of housing was delayed or withdrawn. Consistency with the Annual Update would not be achieved, since the RRHA is specifically identified as the agency which will conduct the activities covered by the Agreement. Members of Council Page 4 V. Recommendation: Concur with Alternative & authorizing the Acting City_ Manager or the Acting Assistant City Manager to execute, and the City Clerk to attest, the 1999-2000 HOME Agreement with the RRHA .(similar in form and content to Attachment 1), approved as to form by the City Attorney. Respectfully submitted, Acting City Manager JDR:feb C~ Acting Assistant City Manager City Attorney Director of Finance Director of Human Development Director of Public Works Acting Budget Administrator Housing Development Coordinator Office of Grants Compliance Executive Director, Roanoke Redevelopment and Housing Authority AGREEMENT ATTACHMENT 1 This Agreement is made and entered into this first day of July 1999, by and between the following parties: The Grantee City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Subgrantee City of Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N.W. Roanoke, Virginia 24017 WITNESSETH: WHEREAS, by Resolution No. 34355-062199 the Roanoke City Council approved the 1999/2000 HOME program and by Ordinance No. 34354-062199 appropriated funds therefor; and WHEREAS, by Resolution No. __ the Roanoke City Council approved the execution of this subgrant agreement between the Grantee and the Subgrantee; and WHEREAS, by Resolution No. ~ the Subgrantee's Board of Commissioners approved the execution of this subgrant agreement between the Grantee and the Subgrantee; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. USE OF HOME FUNDS: All program activities under this Agreement shall be operated in accordance with guidelines developed by the Subgrantee in consultation with and acceptable to the Grantee and incorporated herein by reference. These guidelines may be modified with the approval of the Grantee's City Manager or Assistant City Manager and the Subgrantee's Executive Director or his or her designee. (Note: Guidelines shall not be modified administratively when the result would be to add or delete program activities or otherwise fundamentally alter the nature or intent of any program activity.) Responsibilities of the Subgrantee shall include marketing and outreach, receiving and processing applications, including packaging loan applications for supplemental funding sources under part 1.d., overseeing rehabilitation, holding deeds of trust and/or homeowner grant agreements (specific to this Agreemen0 for the Grantee's HOME funds, and monitoring the projects after rehabilitation, in accordance with federal HOME regulations. The Subgrantee shall, in addition, be responsible for performing such duties as above as may be necessary to complete or continue progress on projects it set up in the Integrated Disbursement and Information System (IDIS) that remained open as of June 30, 1999. Funding for such "carry-over" projects shall be made available from accounts designated under part 1.h. of, and Attachments A. 1. and A.2. to, this Agreement. Page 1 of 11 Consolidated Loan Program -- The Subgrantee shall conduct a Consolidated Loan Program to make housing rehabilitation funding available to HOME-eligible homeowners and homebuyers and to owners of substandard rental properties. A combination of active and deferred loans and grants will be offered to provide an equitable level of assistance among the different types of applicants and the activities supported. The forms of financial assistance to be made available may vary with the income and age of each applicant and with the type of activity assisted. (1) Types of Rehabilitation Activities Authorized -- Using HOME funds provided by the Grantee, the Subgrantee shall offer the following types of assistance in accordance with guidelines incorporated by reference into this Agreement. (a) Owner-Occupied Rehabilitation -- financial assistance for the rehabilitation of substandard homes owned and occupied by eligible families. (b) Purchase/Rehabilitation -- financial assistance for the purchase, rehabilitation, and occupancy of vacant substandard houses by eligible families. (c) Rental Rehabilitation -- financial assistance for the rehabilitation of small rental properties. (2) Enterprise Zone II and Historic Gainsboro Set-Asides -- The Subgrantee may reserve and make available $100,000 to assist housing in the Enterprise Zone II and $100,000 to assist housing in the Historic Gainsboro District. The Subgrantee may provide this assistance through Owner-Occupied Rehabilitation, Purchase-Rehabilitation or Rental Rehabilitation, as described above. Any portion of either set-aside not committed to projects in the Enterprise Zone II or Historic Gainsboro District may be used for projects located in other eligible areas of the City. Down Payment and Closing Cost Assistance Program -- Using HOME funds provided by the Grantee, the Subgrantee shall conduct a Down Payment and Closing Cost Assistance Program. This program shall consist of grants to eligible homebuyers to reduce the amount of cash required to purchase a home constructed and/or otherwise being offered for sale by the Subgrantee. Homeownership Op_ portunities Program (HOP) Subsidy -- The Subgrantee shall use HOME funds provided by the Grantee to subsidize the costs of new housing constructed under the Subgrantee's HOP. Funds may subsidize any HOME-eligible hard or soft project cost directly related to each specific property assisted. Supplementation of Local HOME Funds with Other Fund~ -- In order to increase the number of housing units assisted, the HOME funds provided under this Agreement by the Grantee may be supplemented by funding obtained through the Virginia Department of Housing and Community Development (DHCD) or other sources. The Grantee and Subgrantee shall coordinate any actions taken to obtain supplemental funding. Where permitted, HOME funds under this Agreement may be used to meet any matching requirements of the supplemental funding source. Revisions to activity guidelines, such as, but not necessarily limited to, changes Page 2 of 11 in financing options, required to accommodate any supplemental funding shall be considered administrative in nature and shall not require amendment of this Agreement. e. Period of this Agreement: -- Unless amended, and except as provided in sections 14 and 16, this Agreement shall be for the period beginning July 1, 1999, and ending June 30, 2000. Schedule - The Grantee and Subgrantee shall implement each program described above on July 1, 1999, or as soon thereafter as practicable, in accordance with the guidelines incorporated by reference, and shall set up individual projects utilizing all the HOME funds identified in Attachment A. 1. by June 30, 2000. At the sole discretion of the Grantee, any project funds remaining uncommitted or administrative funds remaining unexpended at the end of this period may be carried over to the subsequent year or deobligated from the Agreement and used for other HOME purposes. Match - Funds drawn from the Grantee's HOME Investment Trust Fund must be matched in accordance with the requirements contained in 24 CFR 92.218 through 92.222. It shall be the Grantee's responsibility to determine the amount and ensure crediting of matching funds required pursuant to this Agreement. The Subgrantee shall report regularly to the Grantee all activities which may be credited against the HOME match requirement. Budget - HOME funds, as provided in Attachment A.I., shall be made available to the Subgrantee for the respective program activities. Funding to complete projects initiated on or before June 30, 1999, listed on Attachment A.2. shall be made available from accounts designated in Attachment A. 1. At the sole discretion of the Grantee, any funds remaining unexpended upon completion of any 1998/99 carry-over project may be used for other carry- over or new projects or deobligated from the Agreement and used for other HOME purposes. 2. AFFORDABILITY: The Subgrantee shall ensure that all housing units assisted with HOME funds through any program under this Agreement will adhere to the affordability requirements of 24 CFR 92.252 and 92.254, as applicable. The Subgrantee shall require repayment of the HOME funds if the housing does not meet the affordability requirements for the specified time period. bo The Subgrantee shall monitor all HOME-assisted properties to ensure maintenance of their affordability for the minimum period. Monitoring procedures of the Subgrantee must be in accordance with HUD regulations. 3. PROGRAM INCOME AND REPAYMENTS: All repayments, interest and other return on the investment of HOME funds shall be returned to the Grantee within 15 days of receipt by the Subgrantee. 4. UNIFORM ADMINISTRATIVE REQUIREMENTS: The Subgrantee agrees to abide by the HUD conditions for HOME programs as set forth in 24 CFR Page 3 of 11 part 92, the requirements of OMB Circular No. A-87 and the following requirements of 24 CFR part 85: 85.6, 85.12, 85.20, 85.22, 85.26, 85.32 - 85.34, 85.36, 85.44, 85.51, and 85.52. 5. PROJECT REQUIREMENTS: The Subgrantee shall comply with project requirements detailed in Subpart F of 24 CFR part 92, as applicable, in accordance with the type of project assisted. 6. HOUSING QUALITY STANDARDS: The Subgrantee shall include in all agreements with owners of rental housing assisted under this Agreement the provision that such units shall be maintained in compliance with applicable HUD Housing Quality Standards (HQS), Virginia Property Maintenance Code and the Grantee's Rental Certificate of Compliance program for the duration of the affordability period. The form of such Agreements between the Subgrantee and property owners shall be subject to approval by the Grantee. 7. OTHER PROGRAM REQUIREMENTS: The Subgrantee shall carry out each activity in compliance with all federal laws and regulations described in subpart H of 24 CFR 92, except that the Subgrantee does not assume the Grantee's responsibilities for environmental review in 24 CFR 92.352 or the intergovernmental review process in 24 CFR 92.357. All proposals for HOME-assisted rehabilitation in the City shall be submitted to the Grantee's Office of Grants Compliance for determination of the structure's eligibility for inclusion on the National Register of Historic Places. If property is historically eligible, all project plans and specifications will be submitted to the Grantee's Office of Grants Compliance for review as to compliance with Section 106 of the National Historic Preservation Act. 8. AFFIRMATIVE MARKETING: As applicable, and in accordance with 24 CFR 92.351, the Subgrantee shall include in all agreements with the owners of rental housing the provision that the owners shall comply with the Grantee's Affirmative Marketing Procedures. 9. CONDITIONS FOR RELIGIOUS ORGANIZATIONS- The Subgrantee shall not grant or loan any HOME funds to primarily religious organizations for any activity, including secular activities. In addition, HOME funds may not be used to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. In particular, there shall be no religious or membership criteria for tenants of any HOME-assisted properties. Page 4 of 11 '10. REQUESTS FOR DISBURSEMENTS OF FUNDS: ao Disbursement of funds under this Agreement shall not be requested until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed for reimbursement of costs incurred. bo Requests for funds shall be submitted to the Grantee's Office of Grants Compliance and shall include copies of the HOME Payment Certification Form(s) for the project and/or administrative costs to be reimbursed. As requested by the Office of Grants Compliance, the Subgrantee shall furnish copies of invoices or other documentation of the project and/or the administrative costs incurred. Upon approval of the request by the Grantee's Project Manager and/or Office of Grants Compliance, the Grantee shall disburse the funds to the Subgrantee. Co All requests for disbursements with respect to costs incurred during the period of this Agreement, as set forth in part 1 .e., must be received by the Grantee within 60 calendar days of the ending date of this Agreement. The Grantee shall not be bound to honor requests for disbursements received after this 60-day period has elapsed. 11. REVERSION OF ASSETS: Upon expiration of this Agreement, the Subgrantee must transfer to the Grantee any HOME funds on hand at the time of expiration and any accounts receivable attributable to the use of HOME funds. 12. RECORDS AND REPORTS: The Subgrantee agrees to submit such reports as may be requested by the Grantee concerning the activities conducted under this Agreement. Further, the following shall apply to financial and project records pertaining to this Agreement: ao Records to be maintained -- At a minimum, the Subgrantee shall maintain financial and project documents and records which comply with the applicable requirements of 24 CFR 92.508. (Note: See also part 4 above, including reference to 24 CFR 85.20 regarding standards for financial systems.) bo Period of record retention -- The Subgrantee shall retain financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR 92.508(c). Co Access to records -- The Grantee and other entities shall have access to financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR 92.508(d). 13. ENFORCEMENT OF THE AGREEMENT: a. In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Page 5 of 11 Subgrantee materially fails to comply with any term of the Agreement. This Agreement may also be terminated for convenience in accordance with 24 CFR 85.44. bo The Subgrantee shall be liable for repayment of HOME funds expended on any project or activity which the Subgrantee terminates prior to completion without the prior written approval of the Grantee's Office of Grants Compliance. Co The affordability provisions referenced in part 2 of this Agreement shall be enforced by written covenant between the Subgrantee and all rental property owners or homebuyers as a condition of sale or participation in the HOME program. Covenants shall be recorded with the property deeds and deeds of trust. The form and content of such covenants are subject to approval by the Grantee. If affordability provisions are not met, the HOME subsidy shall be repaid to the Grantee in accordance with part 3 of this Agreement. do In all cases where the Subgrantee provides HOME funds to for-profit owners or developers, nonprofit owners or developers, subrecipients, homeowners, homebuyers, tenants receiving tenant-based rental assistance, or contractors, the Subgrantee shall have a written agreement which meets the applicable requirements of 24 CFR 92.504. 14. DURATION OF THE AGREEMENT: For the purposes of monitoring affordability by the Subgrantee, this Agreement shall be in effect through the latest date on which any HOME-assisted unit under this Agreement is subject to the affordability requirements of 24 CFR 92.252 or 92.254, as applicable. However, should the Grantee not provide the Subgrantee administrative funding for such monitoring pursuant to this or any other agreement with the Subgrantee, the monitoring and record keeping requirements of this Agreement shall revert to the Grantee. In the event of such reversion, the Subgrantee shall promptly provide the Grantee all records and documents in the Subgrantee's possession pertinent to such monitoring. 15. MONITORING: ao At least annually, the Grantee shall review the Subgrantee's performance and financial and other records for compliance with the terms, conditions and expectations of this Agreement, and with applicable local, state and federal statutes, regulations, policies and procedures. b. The Subgrantee shall make on-site reviews of the activities of owners of rental housing which conform to the requirements of 24 CFR part 92.504(d)(1) ("On-site inspections"). 16. ANNUAL AUDIT: The Subgrantee shall provide for an independent, annual audit of all HOME expenditures under this Agreement, in accordance with OMB Circular A-133. Two copies of the audit report shall be furnished to the Grantee within 30 days after completion of the audit. Page 6 of 11 t7. THIRD-PARTY CONTRACTS: The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 18. INDEMNITY: Each party to this Agreement shall indemnify and hold harmless the other, its officers, agents and employees, from any and all claims, liability, causes of actions, suits of any nature, costs and expenses, including reasonable attorney's fees, resulting from or arising out of the party's intentional or negligent acts or omissions with respect to the duties, rights and privileges granted in or arising under this Agreement, including without limitation, fines and penalties, violation of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death or property damage claims. In the event that the parties are jointly or concurrently negligent, each shall indemnify and hold harmless the other party to the extent of its own negligence. 19. CONFLICT OF INTEREST: No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a position to participate in a decision-making process or gain inside information with regard to any HOME activities, may obtain a personal or financial interest in or benefit from any of the activities, or have an interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family or business associates, during their tenure or for one (1) year thereafter. 20. SUCCESSORS: This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and successors. 21. AMENDMENTS: This Agreement, including any Attachments and Exhibits, represents the entire agreement between the parties, which shall not be modified, amended, altered or changed, except by written agreement executed by the parties. 22. GOVERNING LAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. 23. AVAILABILITY OF FUNDS: HOME Investment Partnerships Program (HOME) funding to be made available by the Grantee under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. Page 7 of 11 24. ANTI-LOBBYING: To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the Subgrantee will complete and submit Standard Form-LL, "Disclosure Form to Report Lobbying," in accordance with its instructions. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: By By Mary F. Parker, City Clerk City Manager/Assistant City Manager ATTEST: FOR THE SUBGRANTEE: By By John P. Baker, Executive Director APPROVED AS TO HOME ELIGIBILITY APPROVED AS TO FORM Office of Grants Compliance Assistant City Attorney Page 8 of 11 APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Assistant City Attorney Director of Finance Date Account # (See Attachmem A. 1.) Page 9 of 11 1999/2000 RRHA HOME Contract Financial Accounts Attachment A. 1. Account # Project (035-090-) Description Admin Total_ Carry-Over New Total 5307-5239 General Admin 0 0 0 46,200 46,200 5307-5240 Down Paymem/Closing Costs 0 15,900 15,900 15,900 5305-5333 Consolidated Loan Program * 35,862 0 35,862 35,862 5306-5333 Consolidated Loan Program * 206,895 0 206,895 206,895 5307-5333 Consolidated Loan Program 0 480,000 480,000 480,000 Subtotals 242,757 480,000 722,757 722,757 5303-5338 HOP Subsidy Program 8,135 0 8,135 8,135 5305-5338 HOP Subsidy Program 15,399 0 15,399 15,399 5306-5338 HOP Subsidy Program 6,466 0 6,466 6,466 5307-5338 HOP Subsidy Program 0 16,000 16,000 16,000 Subtotal 30,000 16,000 46,000 46,000 TOTALS 272,757 511,900 784,657 46,200 830,857 * Note: The amounts shown for these accounts are as of 6/30/99 and do not reflect paymems made on 98/99 carry-over projects since that date. See Attachment A.2. for a listing of the 98/99 carry-over projects. Page 10 of 11 Proj # 214 216 217 218 219 220 221 222 223 Type PR PR OOR OOR OOR RR OOR OOR OOR 1999/2000 RRHA HOME Contract Carry-Over Projects Balance to Pay as of 6/30/98 Comments $7,203.50 payment of $7,203.50 authorized 7/7/99 $20,650.00 payment of $9,798.75 authorized 7/7/99 $37,248.00 $39,094.00 $13,916.89 $29,998.00 $36,039.00 $3,528.22 $35,400.00 Attachment A.2. Total $223,077.61 Page 11 of 11 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 August 2, 1999 SANDRA H. EAKIN Deputy City Clerk File #178-236 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Resolution No. 34418-080299 authorizing the appropriate City officials to enter into the 1999-2000 Community Development Block Grant Funding Administration Agreement with the Roanoke Redevelopment and Housing Authority as more particularly set forth in a report of the Acting City Manager under date of August 2, 1999. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 2, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development Robert K. Bengtson, Acting Director, Public Works Evelyn S. Lander, Chief, Planning and Community Development Phillip F. Sparks, Chief, Economic Development H. Daniel Pollock, Jr., Coordinator, Housing Development Mariam K. ^lam Stacy, Coordinator,' Roanoke Neighborhood Partnership Vickie S. Tregubov, Grants Monitor, Office of Grants Compliance Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1999. No. 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. BE IT RESOLVED by the Council of the City of Roanoke that the Acting City Manager or the Acting Assistant City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, the 1999-2000 Community Development Block Grant (CDBG) Funding Administration Agreement with the Roanoke Redevelopment and Housing Authority, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's report dated August 2, 1999 ATTEST: City Clerk. H:\RESXRRHA-CDBG-FY99-2000. WPD Roanoke, Virginia August 2, 1999 99-35 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: 1999-2000 Community Development Block Grant (CDBG) Agreement with the Roanoke Redevelopment and Housing Authority (RRHA) I. Background: Historically, the RRHA has administered numerous CDBG and HOME Investment Partnerships (HOME) activities for the City, including housing rehabilitation and economic development activities. B. City Council authorized the RRHA's 1999-2000 CDBG 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, by Resolution No. 34281-051199. City 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. The letter of approval is completing the routine Congressional release process. II. Current Situation: Ao A total of $739,513 in CDBG funds has been budgeted for the RRHA's 1999-2000 CDBG Agreement. (See Attachment A of the Agreement.) $715,713 in new and carry-over CDBG funds are budgeted for the RRHA's 1999-2000 project and support cos[q for ten (10) CDBG- and HOME- funded activities. $23,800 in CDBG funds are budgeted for the RRHA's 1999-2000 general administrative costs relating to the CDBG-funded activities. Ci_ty Council approval is needed to execute an Agreement with the RRHA in order to implement the CDBG and HOME activities and permit reimbursement to the RRHA for costs incurred. Members of Council Page 2 III. IV. Issues: A. Cost to the City. B. Administrative capability. C. Timing. D. Impact on community development. E. Consistency with the Annual Update. Alternatives: Authorize the Acting City Manager or the Acting Assistant City Manager to execute, and the City Clerk to attest, the 1999-2000 CDBG Agreement with the RRHA (similar in form and content to Attachment 1), approved as to form by the City Attorney. Cost to the City will be $739,513 in CDBG funds, which includes the amount needed to complete carry-over projects and support HOME-funded projects. Funding is available in the CDBG accounts listed in Attachment A of the Agreement. Administrative capability will be assured by executing the Agreement. The RRHA possesses extensive knowledge and experience in the types of activities to be conducted. Timing is important since previous contract expired on June 30, 1999, and several ongoing activities are included in the Agreement. Impact on community development will be positive. These CDBG funds provide for ten (10) community development and housing activities outlined in the Annual Update and are of vital importance to the quality of life in the City. Consistency with the Annual Update will be achieved. The activities and funding covered by the Agreement are specifically authorized in the Annual Update for implementation by the RRHA. Members of Council Page 3 Vo B. Do not authorize execution of the 1999-2000 CDBG Agreement with the RRHA. Cost to the City would depend on the cost of performing the activities directly with existing and additional City staff or of contracting for services from other agents. Administrative capability to perform the various activities is available in some cases with existing City staff. However, other capability would have to be obtained by hiring additional CDBG-funded staff and/or contracting with other external agencies. Some projects may be limited without the RRHA's redevelopment and acquisition authority. Timing would be adversely affected. Implementation of program activities would be delayed until necessary staff could be hired and trained or until other arrangements could be made. Impact on community development would be negative if assistance with the ten (10) community development and housing activities was delayed or withdrawn. o Consistency with the Annual Update would not be achieved, since the RRHA is specifically identified as the agency which will implement the housing and community development activities covered by the Agreement. Recommendation: Concur with Alternative A, authorizing the Acting City Manager or the Acting Assistant City_ Manager to execute, and the City Clerk to attest, the 1999-2000 CDBG Agreement with the RRHA (similar in form and content to Attachment 1), approved as to form by the City Attorney. Respectfully submitted, · Ritchie Acting City Manager JDR:feb Attachment Members of Council Page 4 C-' Acting Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Development Chief, Planning and Community Development Chief, Economic Development Acting Budget Administrator Housing Development Coordinator Neighborhood Partnership Coordinator Office of Grants Compliance Executive Director, Roanoke Redevelopment & Housing Authority AGREEMENT ATTACHMENT I This Agreement is made and entered into this first day of July 1999, by and between the following parties: The Grantee City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Subgrantee City of Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N.W. Roanoke, Virginia 24017 WITNESSETH: WHEREAS, by Resolution No.34349-062199 the Roanoke City Council approved the 1999-2000 Community Development Block Grant (CDBG) program, and by Ordinance No.34348-062199 appropriated funds therefor; and WHEREAS, by Resolution No. __ __ the Roanoke City Council approved the execution of this subgrant agreement between the Grantee and the Subgrantee; and WHEREAS, by Resolution No. __ the Subgrantee's Board of Commissioners approved the execution of this subgrant agreement between the Grantee and the Subgrantee; NOW, THEREFORE, the parties hereto mutually agree as follows: PART I - SCOPE OF SERVICES The Subgrantee shall perform the tasks enumerated below in a satisfactory and proper manner, as determined by the Grantee, within the scope of the 1999-2000 Grant Programs Funds Appropriations for CDBG provided for the services included herein and approved by the Roanoke City Council. A. Housing Programs The Subgrantee shall administer the housing programs briefly described below in accordance with guidelines developed by the Subgrantee in consultation with and acceptable to the Grantee and incorporated herein by reference. Guidelines may be modified with the approval of the Grantee's City Manager or Assistant City Manager and the Subgrantee's Executive Director or his or her designee. Guidelines shall not be modified administratively when the result would be to add or delete program activities or otherwise fundamentally alter the nature or intent of any program. 1. Quick Response to Emergencies -- assistance to eligible homeowners to repair or replace seriously substandard components of the owner's home. Page 1 of 13 o Critical Assistance Repair for the Elderly (C.A.R.E.) -- assistance to eligible elderly homeowners for non-cosmetic home repairs. Operation Paintbrush -- assistance to eligible homeowners for exterior painting, siding, and minor repairs intended to improve the viability of the neighborhood by reducing exterior deterioration in area homes. Consolidated Loan Program -- assistance to eligible homebuyers or homeowners for the purchase and/or rehabilitation of substandard housing which are or are to be their principle residences Note: CDBG funds designated for this activity shall be used solely for the completion of those projects carried-over from the 1998/1999 program period. No funds shall be committed to new projects. See Attachment A and Attachment B for budgeted funds and a listing of the specific carry-over projects. Washington Park Rehabilitation -- assistance to eligible homeowners who are residents of the Washington Park neighborhood for rehabilitation of their substandard homes. HOME Program Support and Pre-development Costs -- In addition to using designated funds under this Agreement to deliver CDBG-funded housing activities, the Subgrantee shall as well provide support, including staffing, for the Subgrantee's HOME-funded housing activities to be implemented under a separate HOME agreement with the Grantee. Funds for support of the HOME-funded Consolidated Loan Program may support Historic Gainsboro or Enterprise Zone set-aside programs, if undertaken by the Subgrantee. CDBG funds may also be used for eligible pre-development costs associated with HOME-funded projects. Procurement of Contractors -- The Subgrantee shall obtain contractors for needed rehabilitation services according to its standard, written procurement procedures, ensuring that all such contractors comply with applicable HUD regulations, including those relating to lead-based paint. Procurement procedures will offer beneficiaries opportunities to select from among the various contractors available while maintaining a competitive selection process. "Eligible" Beneficiaries -- For the purposes of this Agreement, an "eligible" beneficiary shall mean: a. A homeowner or homebuyer whose family income meets low- and moderate-income limits established by HUD in accordance with 24 CFR 570.3, or bo Where income exceeds the limits referenced in 7.a., a homeowner or homebuyer whose intended use of the CDBG assistance meets a "slums and blight" objective in accordance with 24 CFR 570.208(b) or results in the property's sale to or tenancy by a family meeting the income limits referenced in 7.a. The Subgrantee shall prepare and retain with the project files appropriate records that it has determined the eligibility of each beneficiary, including adequate supporting documentation to verify that applicable income or slums and blight criteria have been met. Page 2 of 13 Target Areas -- In order to maximize the impact of limited resources, guidelines for the various activities enumerated above may be targeted to specific areas within the City. In those cases where assistance is provided to achieve a slums and blight objective in the City's Conservation Areas and Rehabilitation Districts, guidelines will define the CDBG-eligible areas in accordance with the 1997 update prepared by the City's Housing Development Office, such update being incorporated into this Agreement by reference. B. Commercial/Industrial Development Shaffers Crossing Phase I -- For the term of this Agreement, the Subgrantee shall continue to assist the Grantee in completing the redevelopment of the Shaffers Crossing Redevelopment area, including mowing and maintaining the properties and conducting real estate closings as needed. All expenses related to Shaffers Crossing property acquisition, disposition, site clearance/improvements, maintenance, engineering and plan development shall be charged directly to the Shaffers Crossing Phase I account. Property Disposition -- For the term of this Agreement, the Subgrantee shall continue to assist in the sale of parcels available in all Redevelopment Areas, including the Kimball, Downtown East, Deanwood, Shaffers Crossing and Gainsboro areas. All contacts with potential developers shall be coordinated between the Grantee's Chief of Economic Development and the Subgrantee's Office of Development. Each of these parties or representatives shall be afforded the opportunity to be present at any showing of any available site by either the Grantee or the Subgrantee. Negotiations incidental to land sales will also be coordinated between the aforementioned parties. Expenses related to land disposition shall be charged directly to the affected program account. Deanwood Industrial Park -- For the term of this Agreement, the Subgrantee shall conduct required environmental assessments, legal activities and real estate closings, as needed, for this industrial park area, currently consisting of a five (5) acre tract fronting on Orange Avenue and Plantation road, N.E. and a two (2) acre tract located at Hollins Rd., N.E. All expenses related to Deanwood property, disposition, site clearance/improvements, and maintenance, shall be charged directly to the Deanwood account and not to the Subgrantee's general program administration. The Grantee shall provide limited site development and marketing of the available properties. C. Property Maintenance The Subgrantee shall be responsible for the upkeep and maintenance of all properties acquired by the Subgrantee as a result of CDBG activities. The cost of these activities shall be charged directly to applicable program accounts or to the property maintenance account and not to the Subgrantee's general program administration account. All equipment purchases, as part of this activity, must receive prior approval of the Grantee. If funding is not available in project accounts, property maintenance costs can be paid out of the separate property maintenance account. CDBG-funded property maintenance must be approved as eligible by the Grantee. These costs must be identified and billed per each individual specific activity or project. Page 3 of 13 ~ D. General Administration The Subgrantee shall provide management, fiscal services and such other general administrative support as may be required to ensure satisfactory completion of the activities listed in the Scope of Services. Additionally, the Subgrantee shall provide the following: Lead-Based Paint Analyzer -- The Subgrantee shall store, test and maintain the Lead-Based Paint Analyzer and submit the required documentation to the State. CDBG funds for the maintenance and testing of this equipment are included in the general administration account. o Relocation Assistance and Counseling -- In accordance with HUD regulations and guidelines, and within the limits of funds available for such purposes under this Agreement, the Subgrantee shall provide relocation assistance and guidance to residents and businesses displaced by the projects and activities enumerated in Part I above. o General Administration of Community Development/Economic Development Activities -- Prior Years Activities -- The Subgrantee shall continue to service outstanding loans, forgivable and/or deferred payment loans, grants, etc., made in previous years, as appropriate and in accordance with guidelines of the specific programs. Such programs include: Private Rehabilitation Loans; Rental Rehabilitation; Neighborhood Stabilization and Enhancement; Section 312; Down Payment and Closing Cost Assistance; and local CDBG loans. The Subgrantee shall provide counseling to parties delinquent in their repayments in a reasonable effort to avoid foreclosure under the loan programs referenced in this part. However, where delinquencies persist, the Subgrantee shall institute appropriate collection procedures including foreclosures. The Subgrantee shall maintain and protect properties on which it has foreclosed and, in consultation with the Grantee, shall arrange for resale, assumption of loan, or other disposition of the property. 4. Community Interaction -- The Subgrantee shall assist the Grantee in the performance of such basic community-oriented tasks as the following: a. Planning, organizing and implementing neighborhood meetings. b. Planning, organizing and implementing the Consolidated Plan public workshops and/or hearings associated with the Grantee's annual application process. Redevelopment Plans - Preparation and Amendment -- In conjunction with the City's Office of Planning and Community Development, the Subgrantee shall produce and amend as needed Redevelopment Plans for areas within the City. Single-Family Mortgage Loan Program Debt Service/Loan Loss Reserve Funds -- To promote more effective and efficient administration, during the 1998/99 period, the Subgrantee obtained private financing to buy-out the series of mortgage revenue bonds it issued from 1981 to 1993 Page 4 of 13 and retained all remaining CDBG debt service and loan loss reserve funds previously provided by the Grantee to secure the mortgage revenue bonds. The CDBG funds retained shall continue to be used by the Subgrantee for debt service and loan loss reserve purposes with respect to the private financing obtained to buy-out the original bonds. On or before June 30 of each year, the Subgrantee shall report outstanding principal balances of loans made under the Single-Family Mortgage Loan Program and the amount of CDBG funds remaining in the debt service and loan loss reserve. Upon satisfaction and/or termination of all loans made under the program, the Subgrantee shall return to the Grantee any CDBG debt service and loan loss reserve funds remaining. Any such funds returned shall be classified as "program income" to the Grantee's CDBG program. Program Coordination -- Appropriate staff of the Subgrantee and Grantee shall meet and consult regularly and as determined needed by either party. Such staff of the Grantee may include, but are not limited to, the City Manager, Assistant City Manager, Director of Public Works, Building Commissioner, Chief of Community Planning, Housing Development Coordinator, Chief of Economic Development, and Office of Grants Compliance Grants Specialists. The intent of such meetings and consultations shall be to facilitate the efficient and effective implementation of the program activities listed above, and consider the need for and planning of other activities of the Grantee and/or Subgrantee, consistent with the general purpose of community development and neighborhood revitalization. PART H - COMPENSATION AND METHOD OF PAYMENT A. Program Funds CDBG funding for the program activities specified in Part I of this Agreement shall be made available to the Subgrantee as detailed in Attachment A. The Subgrantee shall not, without prior written approval from the Grantee, exceed the total funding allocated to any account nor the amount allocated to any category (i.e. "project"; "support"; "admin") within any account. Further, the amounts designated to support HOME activities shall be expended solely for this purpose. B. Program Income Program income from any and all sources, including interest earned by the program income itself, shall be submitted to the Grantee on a monthly basis. C. Disbursement Procedures The Subgrantee shall file the necessary papers with the Director of Finance ten (10) working days prior to the date that actual disbursements are needed. Cash advances shall be reasonably estimated and itemized; excess advances will not be allowed. Cash advances will be recorded as Accounts Receivable due from the Subgrantee. Funds should be disbursed by the Subgrantee within ten (10) days of receipt of the advance. The Subgrantee shall submit, by the fifth working day of each month, a monthly report to the Director of Finance and a copy to the Office of Grants Compliance, indicating the actual expenditures incurred against all cash advances not previously reported to the Director of Finance. Expenditures reported will be deducted from the Accounts Receivable balance Page 5 of 13 due from the Subgrantee. The Subgrantee also shall submit time allocation reports in a form acceptable to the Grantee. No additional cash advances shall be made to the Subgrantee until these reports are submitted. Monthly financial status reports issued by the Director of Finance shall be reviewed by the Subgrantee and any discrepancies reported in writing within ten (10) working days of receipt of said report. Approval of reimbursement requests will be subject to timely receipt of the monthly reports as detailed here and in Paragraph IV. B of this Agreement. The Grantee reserves the right to refuse payment to the Subgrantee in the event that the Subgrantee submits a reimbursement request sixty (60) calendar days after the contract expiration date. D. Annual Audit and Monitoring The Subgrantee shall provide for an independent audit of CDBG expenditures under this Agreement for the period set forth in Part IV.A., in accordance with Circular A-133. Within 30 days following its completion, two copies of the audit report shall be furnished to the Grantee. In addition, it is the intention of the Grantee to conduct financial, compliance and performance monitoring of the Subgrantee, which may include on-site reviews, at least once during the period of this Agreement. E. Anti-Lobbying To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an office or employee of Congress, or an employee of a Member of congress in connections with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, "in accordance with its instructions. PART m - GRANTEE RESPONSIBILITIES A. General Guidance The Grantee's Office of Grants Compliance shall provide general guidance and direction to the Subgrantee concerning the intent and operation of any programs developed by the Grantee which are to be administered by the Subgrantee under this Agreement. Additionally, other parties and/or departments of the Grantee may provide specific guidance and direction as needed. Reports prepared by Grantee staff for presentation to City Council pertaining to matters under this Agreement shall be provided to the Subgrantee for review and comment ten (10) working days before the date of the Council meeting. Page 6 of 13 Existing Data The Grantee shall make available such existing reports, maps, records or other data as may assist the Subgrantee's performance of services under this Agreement. C. Project Planning Unless otherwise approved by the Grantee, public improvements such as streets, curb and gutter, public utilities, etc. within a Redevelopment Area shall be the responsibility of the Grantee. Copies of the project plans may be obtained by the Subgrantee upon request to the Grantee's City Engineer. D. Non-Personnel Costs - Program Development Except by the Grantee's prior written approval, the Subgrantee shall neither incur nor be reimbursed for expenses relating to the development and implementation of a new program or the continuation of an existing program not contained in Part I of this Agreement. PART IV - PERFORMANCE AND RECORD KEEPING A. Time Period The Subgrantee shall commence the provision of the services described in Part I of this Agreement as of July 1, 1999, and continue through June 30, 2000. Reporting requirements and annual audit shall cover the full program year period from July 1, 1999, through June 30, 2000. B. Reporting Requirements By the 15th calendar day following the end of each quarter, the Subgrantee shall report the progress of each activity covered by this Agreement, in a format acceptable to the Grantee's Office of Grants Compliance. Such quarterly reports shall include, but not be limited to, the following: 1. List of monthly gross program income receipts from all sources. 2. List of property purchased with CDBG funds and titled to the Subgrantee, with quarterly updates. 3. Proration of staff time allocated to each activity covered under this Agreement, in accordance with a cost allocation plan acceptable to HUD. The Subgrantee agrees to submit any other reports or documentation as requested by the Grantee concerning activities covered under this agreement. Retention of Records All records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of four (4) years after the expiration date of this Agreement or the conclusion of any Page 7 of 13 Ce legal or administrative process requiring their use, whichever is later. Appropriate City and/or HUD personnel shall have free access to these records for the period of this Agreement and the subsequent retention period. PART V - THIRD PARTY CONTRACTS AND BIDS The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. PART VI - PERSONNEL The Subgrantee represents that it has or will secure all personnel required to perform the services under this Agreement, within the limits of funding provided. Such employees shall not be employees of or have any contractual relationship with the Grantee. All of the services required hereunder will be performed by the Subgrantee or under its supervision, and all personnel engaged in the work shall be fully qualified to perform such services. PART VH - UNIFORM ADMINISTRATIVE REQUIREMENTS The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment C, those described in 24 CFR 570.502, and all other applicable CDBG and federal regulations relating to specific programs performed hereunder. All proposals for CDBG-assisted rehabilitation in the City will be submitted to the Grantee's Office of Grants Compliance for determination of the structure's eligibility for inclusion on the National Register of Historic Places. If a property is historically eligible, all project plans and specifications will be submitted to the Grantee's Office of Grants Compliance for review as to compliance with Section 106 of the National Historic Preservation Act. PART VHI - CONFLICT OF INTEREST No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a position to participate in a decision-making process or gain inside information with regard to any CDBG activities, may obtain a personal or financial interest in or benefit from any of the activities, or have an interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for him or herself or his or her family or business associates, during their tenure or for one (1) year thereafter. PART IX - INDEMNITY PROVISION Each party hereto agrees to indemnify and hold harmless the other, its officers, agents and employees, from any and all claims, legal actions and judgments and expenses resulting therefrom, arising out of each party's intentional or negligent acts or omissions with respect to the duties, rights and privileges granted in or arising under this Agreement. In the event that the parties are jointly or concurrently negligent, each party shall indemnify and hold harmless the other party to the extent of its own negligence. PART X - ENTIRE AGREEMENT This Agreement, including all of its Attachments, represents the entire agreement between the parties and shall not be modified, amended, altered or changed, except by written agreement executed by the parties. Page 8 of 13 PART XI - TERMINATION OF AGREEMENT FOR CAUSE In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subgrantee materially fails to comply with any term of the Agreement. This Agreement may also be terminated for convenience in accordance with 24 CFR 85.44. Community Development Block Grant funding to be made available by the Grantee under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. PART XlI - REVERSION OF ASSETS Upon expiration or termination of this Agreement, the Subgrantee shall transfer to the Grantee any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the Subgrantee's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 shall either (1) be used to meet one of the national objectives in 24 CFR 570.208 until five years after expiration of this Agreement; or (2) be disposed of in a manner which results in the Grantee being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is not required after the period of time specified in accordance with the above. PART xm - GOVERNING LAW This Agreement shall be governed by laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: Mary F. Parker, City Clerk City Manager\Assistant City Manager ATTEST: FOR THE SUBGRANTEE: John P. Baker, Executive Director Page 9 of 13 APPROVED AS TO CDBG ELIGIBILITY APPROVED AS TO FORM Office of Grants Compliance Assistant City Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Assistant City Attorney Date: Director of Finance Accoum #: (See Attachment A) Page 10 of 13 ATTACHMENTS ATTACHMENT A: 1999-2000 RRHA CDBG Project Accounts ATFACHMENT B: 1998-1999 RRHA Consolidated Loan Program Carry-over Projects AT'FACHMENT C: Required Federal Regulations Page 11 of 13 Attachment A 1999-2000 RRHA CDBG Agreement Financial Accounts Program Account Number Project Support Admin Total Quick Response to 035-G00-0020-5203 23,000 Emergencies 035 -G00-0010-5076 4,600 Subtotal 23,000 4,600 27,600 Critical Assistance for 035-G00-0020-5003 60,000 Elderly 035-G00-0010-5002 12,000 Subtotal 60,000 12,000 72,000 Operation Paimbrush 035-G00-0037-5102 21,250 035-G00-0010-5048 4,250 Subtotal 21,250 4,250 25,500 Consolidated Loan 035-098~9820-5112 8,246 (Note:"Project" funds may be 035-099-9920-5112 87,660 used only for 98/99 carry- 035-099-9920-5281 91,404 over projects; funds in acct. 035-G00-0010-5042 62,249 5030 may be used only for 035-G00-0010-5030 133,954 HOME support) Subtotal 187,310 196,203 383,513 Washington Park Rehab 035-G00-0020-5283 140,000 035-G00-0010-5282 54,600 140,000 54,600 194,600 Shaffers Crossing Phase I 035-G00-0010-5047 1,500 1,500 1,500 Deanwood 035-G00-0010-5001 1,500 1,500 1,500 Gainsboro Professional Park 035-G00-0010-5007 2,000 2,000 Property Maimenance 035-G00-0020-5352 7,500 7,500 General Admin 035-G00-0010-5035 23,800 23,800 TOTALS $439,060 $276,653 $23,800 $739,513 Page 12 of 13 Attachment B 1999-2000 RRHA CDBG Agreement 1998-1999 Consolidated Loan Program Carry-Over Projects Name Address Phone Amount Type Over/Under 80 % Lois B. Wright 1205 15th St SE, 24013 343-0921 28,108.22 OOR under Calvin White 1615 Rugby Blvd NW, 24017 343-9440 39,000.00 OOR over Beryl & David Brooks 530 Gilmer Ave NW, 24016 342-0808 29,403.60 PR over E. Baylese Spencer 845 Rutherford Ave NW, 24016 344-7675 16,371.78 OOR under Ann Grigsby 1725 Grayson Ave NW, 24017 344-8610 23,000.00 OOR over Jacquelyn Newbill 222 Harrison Ave NW, 24016 343-6256 24,125.00 OOR under Vanessa Hairston 1049 Alview Ave NW, 24016 563-0720 14,500.40 OOR under Ellen Paul 529 Janette Ave SW, 24016 982-1484 12,800.00 OOR under Total Funds 187,309.00 Page 13 of 13 Attachment C U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONDITIONS (Agreements $10,000 or Over) "Section 3" Compliance in the Provision of TraininR, Employment and Busine~,~ Opportunities: Ao The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. Co The Subgrantee will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. The Subgrantee will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the contractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The Subgrantee will not subcontract with any contractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR part 135 and will not let any subcontract unless the contractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Eo Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided Page 1 to the project, binding upon the applicant or recipient for such assistance, its successor and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its Subgrantees and contractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. Equal Employment Opportunity: Contracts subject to Executive Order 11246~ as amended: Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Subgrantee shall cause or require to be inserted in full in any non-exempt contract and subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the Subgrantee agrees as follows: Ao The Subgrantee will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Subgrantee will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subgrantee agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. Bo The Subgrantee will, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. Co The Subgrantee will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the Subgrantee's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Do The Subgrantee will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. Eo The Subgrantee will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. Page 2 Fo In the event of the Subgrantee's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the Subgrantee may be declared ineligible for further Government contracts or Federally-assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. The Subgrantee will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each contractor or vendor. The Subgrantee will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Subgrantee becomes involved in or is threatened with litigation with a contractor or vendor as a result of such direction by the Department, the Subgrantee may request the United States to enter into such litigation to protect the interest of the United States." The Subgrantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Subgrantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Subgrantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of Subgrantees and contractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. The Subgrantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Subgrantee debarred from, or who has not demonstrated eligibility for Government contracts and Federally-assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Subgrantees and contractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Subgrantee agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Subgrantee under the Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Subgrantee; and refer the cause to the Department of Justice for appropriate legal proceedings. Page 3 Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Subgrantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis or race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Subgrantee and the United States are beneficiaries of and entitled to enforce such covenant. The Subgrantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. Section 504 and Americans with Disabilities Act: The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance with the Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act, which prohibit discrimination against the disabled in any federal assisted program. Obligations of Subgrantee with Respect to Certain Third-party Relationships: The Subgrantee shall remain fully obligated under the provisions of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Subgrantee. Any Subgrantee which is not the Applicant shall comply with all lawful requirements of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Subgrantee is carried out in accordance with the Applicant's Assurances and certifications, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104(h) of the Housing and Community Development Act of 1974. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. Prohibition Against Pa_vments of Bonus or Comminsion: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval or applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. "Section 109": This Agreement is subject to the requirements of Section 109 of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, Page 4 10. be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Access to Records and Site of Employment: This agreement is subject to the requirements of Executive Order 11246, Executive Order 1375, Civil Rights Act of 1964, as amended. Access shall be permitted during normal business hours to the premises for the purpose of conducting on- site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant tot he matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Subgrantee. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights At of 1964 (as amended) and in furtherance of the purpose of the Order and that Act. Legal Remedies for Contract Violation: If the Subgrantee materially fails to comply with any term of this Agreement, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere, the City may take one or more of the following action, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the 2) 3) 4) Subgrantee, Disallow all or part of the cost of the activity or action not in compliance, Wholly or partly suspend or terminate the current Agreement, or Take other remedies that may be legally available. Page 5 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 August 2, 1999 File #178-236 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, August 2, 1999, Council Member Swain requested a report on costs incurred by the City for the Gainsboro Professional Park. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Vickie S. Tregubov, Grants Monitor, Office of Grants Compliance MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 2, 1999 File #60-229 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34419-080299 amending and reordaining certain sections of the 1999-2000 Capital Projects Fund Appropriations, providing for appropriation of $386,000.00, in connection with Enhancement Program funds allocated by the Virginia Department of Transportation for renovations, additions and improvements at the Virginia Museum of Transportation. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 2, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: James D. Ritchie, Sr., Acting City Manager Robert K. Bengtson, Acting Director, Public Works/Traffic Engineer Barry L. Key, Manager, Office of Management and Budget Charles M. Huffine, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of August, 1999. No. 34419-080299. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1999-2000 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development $ Improvements to Virginia Museum of Transportation (1) ............. Revenues Due from State Government (2) ............................... $ 1) Appropriated from State Grant Funds 2) VDOT - Virginia Museum of Transportation Enhancement (008-052-9650-9007) $ 386,000 (008-1294) 386,000 1,467,000 1,467,000 386,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. August 2, 1999 No. 99-145 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia SUBJECT: Enhancement Program Funds for Virginia Museum of Transportation Dear Mayor Bowers and Members of City Council: I. Background: II. II1. 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 VMT's main facility. City Council endorsed VMT's application at its meeting on January 20, 1998 (Resolution No. 33708-012098). Enhancement Proqram funds in the amount of $386,000 were approved by VDOT in June, 1998, for the VMT's project. All subsequent VDOT agreements related to the use of these funds are made with the City of Roanoke rather than the VMT. Do 1994 Roanoke City Bond Referendum included $813,000 for the VMT to be matched dollar for dollar by the VMT. Enhancement program funds obtained by VMT serve as their match to the City Bond funds. Current situation: VDOT forwarded a Project Administration Agreement to the City of Roanoke in May, 1999, for execution, for which City Manager's authority to execute was provided by Council's Resolution on January 20, 1998. This agreement includes the $386,000 allocation by VDOT, for which a receivable account must now be established in the same amount. Agreement developed between VMT and the City allows VMT to forward invoices for its project expenditures to the City. City then invoices VDOT for these costs. After VDOT pays City's invoice, City then reimburses VMT. Issues: A. Funding B. Timing Mayor Bowers and Members of Council 99-145 Page 2 August2,1999 IV. Alternatives: Appropriate $386,000 in the Virginia Museum of Transportation Account 008-052-9650 and establish a receivable account of $386,000 from VDOT. Funding in the amount of $386,000 is available through an Enhancement Program grant awarded by the VDOT to the VMT. Timing is critical as the VMT wishes to proceed with the work to be funded by this grant. Bo Do not appropriate $386,000 in the Virginia Museum of Transportation Account 008-052-9650 and establish a receivable account of $386,000 from VDOT. 1. Funding cannot be used by VMT for its next phase of improvements. 2. Timing for VMT improvements are delayed. Recommendation is that City Council approve Alternative "A" and appropriate $386,000 in the Virginia Museum of Transportation Account 008-052-9650 and establish a receivable account of $386,000 from VDOT. Respectfully submitted, Acting City Manager JDR/RKB/gpe copy: City Attorney Director of Finance Director of Public Works Office of Management & Budget City Engineer Traffic Engineer MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 2, 1999 File #27 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Resolution No. 34420-080299 authorizing the City Manager's issuance of Amendment No. 4 to the City's contract with Black & Veatch, in the increased amount of $108,000.00, for additional engineering services for the Roanoke River Interceptor Sewer Replacement Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 2, 1999. 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 Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1999. No. 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. 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. 4 to the City's contract with Black & Veatch, for additional engineering services for the Roanoke River Interceptor Sewer Replacement Project, all as more fully set forth in the report to this Council dated August 2, 1999. 2. The Amendment No. 4 will provide authorization for additions in the work with an increase in the amount of $108,000 to the contract dated October 10, 1994, all as set forth in the above report. ATTEST: City Clerk. August 2, 1999 Council Report No. 99-148 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT ENGINEERING DESIGN SERVICES CONTRACT AMENDMENT NO. 4 Background on the subject in chronological order is as follows: A. Roanoke River Interceptor Sewer Replacement is part of the renovation and expansion of joint use sewer facilities considered by City Council at its meeting of December 13, 1993. B. The Roanoke River Interceptor Sewer Replacement project replaces the existing interceptor sewer from the Water Pollution Control Plant to the Salem city limit. C. The Agreement for Consultant Services between the City of Roanoke and Black and Veatch is dated October 10, 1994. II. Current situation is as follows: The Roanoke River Interceptor Sewer Replacement project is currently under construction and is approximately 75 percent complete. The original agreement with Black & Veatch provided for 18 months of construction administration and inspection services. Construction of the project was started in January 1998; therefore, the original 18 months of service ended June 30, 1999. The 18 month construction duration was an initial estimate. The phasing of the project into multiple construction contracts and regulatory permit requirements extended the construction duration from 18 months to 2 years. Co Proposed Amendment No. 4 will provide for an additional 6 months of construction administration services at a rate of $18~000 per month, a total contract value of $108,000. This fee provides for a full-time resident engineer, inspection services, engineering support services and associated expenses such as vehicles, telephones and utilities for construction trailers. 1. Contract Summary Initial Agreement $1,595,000 Amendment No. 1 $ 73,235 Amendment No. 2 $ 140,880 Amendment No. 3 $ 23,500 Amendment No. 4 $ 108,000 Total $1,940,615 Honorable Mayor and Members of City Council ROANOKE RIVER INTERCEPTOR ENGINEERING DESIGN SERVICES CONTRACT AMENDMENT NO. 4 August 2, 1999 Page 2 Contract Contingency Fund Status The initial project contingency fund of $80,000 has been exhausted. Funds in the amount of $553 remain unobligated in the project account. A project contingency fund of $1,630,022 is available in the Roanoke River Interceptor account 003-056-8484. The cost of the proposed amendment is shared between the City of Roanoke (36.7% or $39,636), the City of Salem (33.7% or $36,396) and Roanoke County (29.6% or $31,968) per the Multi-jurisdictional agreement dated October 10, 1994. Total amendments to date including proposed Amendment No. 4 are equivalent to 21.6 percent of the initial agreement value. III. Issues in order of importance are as follows: A. Cost B. Funding IV. Alternatives in order of feasibility are as follows: Authorize the City Manager to execute Contract Amendment No.4, in a form approved by the City Attorney, with Black & Veatch, in the amount of $108,000 for an additional 6 months of construction administration services at a rate of $18,000 per month. 1. Cost is reasonable for the additional work. Funding is available in Roanoke River Interceptor Sewer (003-056-8484) to fund the cost of the contract amendment. Do not authorize the City Manager to execute Contract Amendment No. 4 with Black & Veatch. 1. Cost would be based on future negotiation. 2. Funding would remain in Roanoke River Interceptor Sewer (003-056-8484). Honorable Mayor and Members of City Council ROANOKE RIVER INTERCEPTOR ENGINEERING DESIGN SERVICES CONTRACT AMENDMENT NO. 4 August 2, 1999 Page 3 Recommendation is as follows: City Council concur in alternative "A" and take the following actions: Authorize the Ci_ty Manager to execute Contract Amendment No. 4 in a form approved by the City Attorney, with Black & Veatch in the amount of $108,000 for an additional 6 months of construction administration services at a rate of $18,000 per month. Bo Transfer $108,000 from Roanoke River Interceptor Sewer account 003-056-8484 to Roanoke River Interceptor Sewer account 003-056-8469. Respectfully submitted, RtyitCMhaineager JDR/PCS/bs Attachments C: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue 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 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 2, 1999 File #27 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Ordinance No. 34421-080299 authorizing the City Manager's issuance of Change Order No. 5 to the City's contract with Casper Colosimo & Son, Inc., in the increased amount of $34,980.90, for Roanoke River Interceptor Sewer Replacement Contracts C, D & E. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 2, 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 Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1999. No. 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. 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. 5 to the City's contract with Casper Colosimo & Son, Inc., for the Roanoke River Interceptor Sewer Replacement Contracts C, D & E, all as more fully set forth in the report to this Council dated August 2, 1999. 2. The Change Order will provide authorization for additions in the work with an increase in the amount of $34,980.90 to the contract dated March 16, 1998, 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. August 2, 1999 Council Report No. 99-149 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT CONTRACTS C, D, and E CHANGE ORDER NO. 5 Background on the subject in chronological order is as follows: mo Roanoke River Interceptor Sewer Replacement is part of the renovation and expansion of joint use sewer facilities considered by City Council at its meeting of December 13, 1993. The Roanoke River Interceptor Sewer Replacement proiect replaces the existing interceptor sewer from the Water Pollution Control Plant to the Salem city limit. Co Contracts C, D, and E were awarded to Casper Colosimo & Son, Inc. with a contract date of March 16, 1998. These contracts provide for the replacement of the existing Roanoke River interceptor from Wasena Park at Winchester Street to the Salem city limit. These contracts represent a total of 20,245 feet (3.8 miles) of sewer replacement. This is 39.0 percent of the total project length of 51,870 feet (9.82 miles). II. Current situation is as follows: A. The project has progressed well to date and is approximately 75 percent complete with a scheduled completion date of September 23, 1999. B. The proposed sewer crosses under Norfolk Southern tracks at two locations. One crossing is at the railroad bridge over the Roanoke River west of Bridge Street and the other is at a railroad bridge near Peters Creek. The sewer was installed in tunnels at both of these locations. Initially, the railroad would not permit filling the annular space between the tunnel and the sewer pipe. The railroad later reconsidered this issue and permitted the tunnels to be filled with grout. The grout provides for better structural capacity of the tunnels and prevents movement of the sewer pipeline within the tunnel. Proposed Change Order No. 5 will provide for the tunnel grouting. The total cost of the Change Order is $34,980.90. The proposed Change Order has been reviewed by the City's consulting engineer and has been recommended for approval. E. The construction cost of the project (Contracts C, D, and E) is estimated as follows: Honorable Mayor and Members of City Council ROANOKE RIVER INTERCEPTOR CONTRACTS C, D, and E CHANGE ORDER NO. 5 August 2, 1999 Page 2 III. 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 percent of the initial agreement value. 1. Contract contingency fund status: Contingency (5%) Mobile Home Relocations Railroad Flagging and Construction Change Order Nos. 1 through 4 Proposed Changer Order No. 5 $ 646,554.0O 400,000.00 75,000.00 ( 988,538.00) ( 34,981.00) Available contingency after this Change Order $ 98,035.00 The proposed Change Order cost is apportioned between the participating jurisdictions ag follows: City of Roanoke 36.7% $ 12,837.99 City of Salem 33.7% 11,788.56 Roanoke County 29.6% 10,354.35 Total $ 34,980.90 Issues in order of importance are as follows: A. Cost B. Funding IV. Alternatives in order of feasibility are as follows: A. Authorize the City Manager to execute Change Order No. 5, in a form approved by the City Attorney, with Casper Colosimo & Son, Inc., in the amount of $34,980.90 and zero additional days of contract time. Honorable Mayor and Members of City Council ROANOKE RIVER INTERCEPTOR CONTRACTS C, D, and E CHANGE ORDER NO. 5 August 2, 1999 Page 3 Bo 1. Cost is reasonable for the additional work. 2. Funding is available in the project contingency held in Roanoke River Interceptor Contracts C, D, and E (003-056-8485) to pay the cost of the Change Order. Do not authorize the City Manager to execute Change Order No. 5. 1. Cost would be based on future negotiation. 2. Funding would remain in Roanoke River Interceptor Contracts C, D, and E (003- 056-8485). V. Recommendation is as follows: City Council concur in alternative "A" and take the following action: Authorize the Ci_ty Manager to execute Change Order No. 5, in a form 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. Respectfully submitted, Ja~s D.2hie{~-O~ Acting City Manager JDR/PCS/bs Attachments C~ City Attomey City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011.- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 2, 1999 File #60-70-354 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34422-080299 amending and reordaining certain sections of the 1999-2000 Grant Fund Appropriations, providing for appropriation of $15,000.00, in connection with acceptance of the Roanoke Fire-EMS Department Hazardous Material Regional Response Team Grant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 2, 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 James Grigsby, Chief, Fire-EMS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of August, 1999. No. 34422-080299. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1999-2000 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Aooroodations Public Safety $ 2,309,628 Hazardous Materials Regional Response Team Grant FY00 (1-3) ....... 15,000 Revenue Public Safety $ 2,309,628 Hazardous Materials Regional Response Team Grant FY00 (4) ........ · 15,000 1) Expendable Equipment 2) Training and Development 3) Employee Physicals 4) Hazardous Materials Regional Response Team Grant FY00 ( 035-050-3222 -2035) (035-050-3222-2044) (035-050-3222-2110) $ 3,300 3,700 8,000 (035-050-3222-3222) 15,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. August 2, 1999 Report #99-414 Honorable Mayor and Members of City Council Roanoke, VA 24011 Dear Mayor and Members of Council: Subject: Roanoke Fire-EMS Department Hazardous Material Regional Response Team Grant I. BACKGROUND July 6, 1998, City Council authorized the City Manager to enter into a two-year agreement to participate in a Level III Regional Response Team. This agreement is renegotiated bi-annually in order to keep funding and reimbursement needs current. July 13, 1998, the City Manager and the State Coordinator of Emergency Services entered into this agreement effective until June 30, 2000 unless terminated upon thirty(30) days written notice by either party. Agreement specifies the City of Roanoke, as well as all localities that participate in a regional response team, will receive "pass-through funding" from 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). Equipment needs range from a $500 encapsulated suit, a $500 air bottle, $500 for OSHA mandated physicals, $600 for an adapter to fit new portable radios and $1,400 for OSHA recertification training. (A firefighter "dressed out" in Level III protection will have approximately $10,000 worth of equipment, tools and clothing and will have completed 200 hours of certified training along with a Council Report # 99-414 August 2, 1999 Page 2 II. III. mandated annual health physical). Training needs have been identified as Level III recertification for eleven (11) specialists. Pass-through funding totalin.q $15,000 has been received from VDES by the City of Roanoke as of this report and deposited in revenue account 035-050-3222-3222. CURRENT SITUATION The City of Roanoke and the City of Salem will coordinato 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. Training classes are coordinated through hazardous materials officers for respective jurisdictions in conjunction with VDES. ISSUES, IN ORDER OF IMPORTANCF A. Public Safety. B. Equipment Needs. C. Training Needs. D. Physicals. E. Funding. IV. ALTERNATIVES, IN ORDER OF FEASIBILITY City Council accept the Hazardous Regional Response Team grant of $15,000 for the purpose of funding specialized requirements for the Hazardous Materials Response Team. Public Safety: Level III Regional Response Team improves public safety and the concept could not be continued without state funds. Council Report # 99-414 August 2, 1999 Page 3 Equipment Needs: This funding shall be used to purchase two (2) encapsulated suits (91,000), two (2) 60-minute air bottles (91,000) and six (6) headset adapters (93,600). Training Needs: This funding shall be used to send two {2) firefighters to an eighty {80) hour chemistry certification course (9500), four (4) firefighters to a forty {40) hour advanced spill control certification course (9500) and five {5) firefighters to an annual hazardous materials conference (9400). Mandated Physicals: This funding shall be used to meet OSHA requirements for hazardous materials responders as per OSHA 1910.120 standards (98,000). Funding of 915,000 will be provided to the City of Roanoke by the Virginia Department of Emergency Services. City Council not accept the Ha_~ardous Materials Response Team grant of 915,000 to maintain specialized requirements for the Hazardous Materials Regional Response Team. 1. Public Safety would not be improved. 2. Equipment. Necessary equipment will not be purchased for response to Level III hazardous materials incidents. = Training. Regional training will not be maintained and, therefore, federal and state mandates not met. 4. Health Physicals. OSHA mandates will not be met. = Funding of 915,000 will be returned to the Treasurer, State Department of Emergency Services with request that future funding not be appropriated. Council Report # 99-414 August 2, 1999 Page 4 V. RECOMMENDATION City Council approve "Alternative A" and accept the Hazardous Materials Regional Response Team grant of $15,000. City Council appropriate $15,000 as follows under the Hazardous Response Materials Response Team Grant (Account Numbers 035-050-3222-2035, 035-050-3222- 2110 and 035-050-3222-2044) and increase the revenue estimate by $15,000. $3,300 Other Equipment $8,000 Employee Physicals $3,700 Training and Development Respectfully submitted, Ritchie Act~g City Manager CC: Director of Finance City Attorney Director of Public Safety Fire-EMS Chief Deputy Chief, Fire-EMS Support MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 2, 1999 File #10-60-270-467 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia James D. Grisso Director of Finance Roanoke, Virginia Gentlemen: The fiscal year 1999 unaudited financial report for the City of Roanoke was before the Council at a regular meeting which was held on Monday, August 2, 1999. On motion, duly seconded and adopted, 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. Sincerely, Mary F. Parker, CMC/AAE City Clerk pc: Melinda J. Payne, Chair, Roanoke City School Board, 301 Rutherford Avenue, N. W., Roanoke, Virginia 24016 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget JAMES D. GRISSO Director of Finance August 2, 1999 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 R O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director Honorable Mayor and Members City Council Roanoke, Virginia Subject: Fiscal Year 1999 Unaudited Financial Report Dear Mayor Bowers and Council Members: The General Fund revenues for fiscal year 1999 total $172,462,547. Collections exceeded the revenue estimate by 1.44% or $2,449,647. Total General Fund revenues increased 5.94% over FY 1998. The major revenue sources in our adopted estimates are: Sourcc Real Estate Taxes Personal Property Tax Sales Tax Utility Taxes Recordation & Probate Tax Business and Professional License Tax Transient Room Tax Franchise Taxes Prepared Food & Beverage Tax All Other Revenues Total General Fund Revenue Amount Over % Over % Growth (Under) Revised (Under) Over Estimate Estimate FY 1998 687,108 1.61% 4.91% 1,099,106 5.31% 8.35% 834,265 5.10% 7.93% (243,884) (2.15%) .37% 47,276 9.27% 5.97% 262,097 2.67% 4.59% 63,518 4.54% 3.59% 26,754 2.84% 6.12% (154,315) (2.45%) 2.72% (172,278) (.29%) 7.00°/6 2,449,647 1..~_:.44_.~% 5.94% General Fund expenditures and encumbrances totaled $173,670,157. Unencumbered appropriations were $2,139,224 or 1.22% of the General Fund budget. Honorable Mayor and Members of City Council August 2, 1999 Page 2 The School Fund revenues for fiscal year 1999 total $92,915,221. Collections exceeded the revenue estimate by 0.20% or $189,086. School expenditures and encumbrances totaled $94,135,784. appropriations were $895,502 or .85% of the School Fund budget. Unencumbered The FY 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 26292 are as follows: General Fund Local Tax Revenues Over Estimate Non-Local Tax Revenues Under Estimate Unobligated Appropriations School Fund Revenues Over Estimate Unobligated Appropriations City School Operations Operations $ 2,081,350 $ 976,652 ( 608.355) - 2,139,225 - $ - $ 189,086 - 895,502 Fund Balance Transfers Reserve for Uninsured Claims $ ( Adjustment to Reserve for Workers' Comp Claims CSA Program Settle-Up Adjustment ( 250,000) $ - - ( 8,194) 38,810) 38,810 Capital Maintenance and Equipment Replacement Funding Available 3,323,410 $ 2,091,856 The amounts shown above for FY 1999 are unaudited and are subject to change during the course of our annual external audit. They are being reported to you for informational and planning purposes. All expenditures of the year end designated fund balances of the School Fund and General Fund are subject to approval by City Council through the adoption of an appropriation ordinance. We look forward to prioritizing and recommending to Council the most critical maintenance and equipment replacement needs during fiscal year 2000. Honorable Mayor and Members of City Council August 2, 1999 Page 3 I would like to thank City Council, the administration and especially the Finance Staff for their support throughout fiscal year 1999. I would be pleased to address questions that Council may have regarding the f'mancial report. Sincerely, JDG/aha/ps DEPARTMrNT OF FINANCE CITY OF ROANOKE, VA. August 2, 1999 FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance Unaudited Year End Financials - Fiscal Year 1999 Fiscal year 1999 has come to a close with a relatively strong f'mancial performance in light of mid-year concerns that the local economy was showing declining growth rates. Both general and local property taxes achieved growth of 5% or more, and other revenues likewise grew since last year. The expenditure level was held to 98.78% of budget, providing a funding source for FY2000 equipment needs. Again this year, the City of Roanoke strived to improve the level of municipal services to its citizens within a balanced, conservative budget. The City continues to maintain and improve its capital facilities and infrastructure with on-goiI~g projects such as the sewage treatment plant expansion, numerous school renovation projects, highway improvements, storm drainage, and economic development activities. The largest economic development project in Roanoke's history was obtained when the Innotech project was announced this spring. The City exhibits a strong debt rating which is reflected in our continuing AA bond rating. Real Estate tax revenues grew approximately 5%, and exceeded their estimate by 1.61%. Personal property taxes, producing growth of 8.35% since last year, exceeded their estimate by $1,099,000. Sales taxes grew 7.93% or $1,261,000. Personal Honorable Mayor and Members City Council August 2, 1999 Page 2 property taxes and sales taxes had a dramatic turnaround compared to the previous fiscal year. Each of these revenues grew approximately 1% in fiscal year 1998 but surprisingly grew approximately 8% in fiscal year 1999. Other local taxes providing growth included the E911 tax, prepared food and beverage tax, Business and Professional Occupational License (BPOL) tax, and bank stock taxes. Municipalities will continue facing new challenges in the years to come as we provide for social service needs, unfunded state and federal mandates, and additional service needs of our citizens, all within limitations as to new sources of revenues to provide for these needs. We will be required to react to changes in state-established taxes and other revenues as they affect local programs. We will engage more efficient and effective operating methods as we seek to meet these challenges. We will continue to strive for a conservative and sound f'mancial position for the City as we continue to plan for our future. The unaudited financial statements are provided to you for planning purposes. The amounts reported herein may change during the course of our annual external audit. A discussion of the City's General Fund operations for fiscal year 1999 follows. Our revenue estimate from all sources was $170,012,900, while actual collections totaled $172,462,547. Total General Fund revenues collected exceeded the estimate by 1.44°/6. Honorable Mayor and Members City Council August 2, 1999 Page 3 Listed below is a five year history of our General compared to actual revenues. GENERAL FUND Fund revenue estimates Fiscal Revenue Actual Percent of Year Estimate Collections Estimate Collected 1999 $170,012,900 $172,462,547 101.44% 1998 162,083,043 162,793,039 100.44% 1997 155,523,885 158,485,416 101.90% 1996 147,602,175 150,539,146 101.99% 1995 137,189,315 141,255,592 102.96% Some of the most anxiously awaited information at year end is the amount of designated funding for the Capital Maintenance and Equipment Replacement Program (CMERP). Council adopted Ordinance establishing a reserve of General Fund balance requirements of Ordinance 26292, CMERP for number 26292 on December 6, 1982, for CMERP. Computed per the fiscal year 1999 for Schools is $1,015,462 and for the City is $3,323,410 for a total of $4,338,872 or 2.47% of General Fund appropriations. The following allocation has been calculated based on the Revenue Allocation Model used for the adopted budget (see page 16 for details). General Fund Designated FY 1999 CMERP City Operations School Operations Total General Fund CMERP $ 3,323,410 1,015,462 $ 4,338,872 Honorable Mayor and Members City Council August 2, 1999 Page 4 General Fund Statement of Revenues A summary of unaudited revenues by category and the variances between actual collections and the budgetary estimates may be found on page 20. The following narrative discusses significant revenue trends for the year. General Property Taxes This category includes taxes on Real Estate, Personal Property and Public Service Corporations as well as Penalties and Interest. Estimated revenues for this category were $67,678,685 while actual collections were $69,623,873, achieving 102.87% of the budget. Real Estate taxes increased by $2,028,002 since FY98, providing growth of 4.91%. Personal Property taxes achieved 105.31% of the budget amount, and were in excess of the FY98 total by $1,681,874. The revenue estimate for personal property tax was reduced by $760,000 from the original estimate as a result of mid-year review and the under performance of this revenue source in FY98. Public Service Corporation taxes rose $119,549, and they were Just over the budgeted amount. Penalties and Interest increased $124,453 from FY98, well in excess of the budgeted level. Other Local Taxes This category includes sales tax, utility tax, cigarette tax, business, professional, and occupational license tax, transient room tax, franchise tax, prepared food and beverage tax and other miscellaneous local taxes. This category of taxes serves as one Honorable Mayor and Members City Council August 2, 1999 Page 5 of the best Indicators of the strength of the local economy. The total estimate for this category was $52,032,919, while actual collections were $53,145,733. Collections exceeded the budget by 2.14%, and they grew 5.11% sInce FY98. Sales Tax rose $1,261,380 or 7.93% and exceeded the budgeted amount by 5.10%. Utility Tax showed minimal growth of .37% or $41,155 over FY98. Gas and electric utility tax were down due to the mild winter and the rate adjustment made to electric bills. Prepared food and beverage taxes grew almost $163,000 sInce FY98 but fell 2.45% short of the budget, as projected during the mid-year review of revenues. Bank stock tax and busIness and occupational license tax also grew, while cigarette tax has declined. Permits, Fees and Licenses This revenue category Includes dog licenses, b~t!ding related fees, various Inspection fees and street opening permits. Revenues for this category totaled $750,751 IncreasIng $28,529 from FY98, and exceeding the budget of $698,800 by 7.43%. The Increase is due to higher than budgeted revenues from building Inspection fees and street opening permits. Fines and Forfeitures This category consists of parking tickets and fines collected by various courts. Revenue In this category was $904,067, a decline of $39,492 from the prior year. Due Honorable Mayor and Members City Council August 2, 1999 Page 6 to turnover in the Police department, there has been a decline in traffic and other tickets issued, and a corresponding decrease in general district court f'mes. Parking fines increased from the prior year, but fell short of the revenue estimate by 13.39%. The category achieved only 87.35% of the budget. Revenue from Use of Money and Property This revenue category consists of interest earnings and various property rentals. Revenue in this category is $981,664, down 18.59% since the prior year, due to a decline in interest revenue resulting from lower average daily cash balances in the General Fund. Rental revenue also decreased due to a one-time payment received last year for lease of airspace. The category achieved 94.05% of budget. Grants-In-Aid Commonwealth This category is comprised of non-categorical aid (State recordation tax, ABC, wine, rolling stock and rental car tax), shared expenses for Constitutional Offices, Social Services funding (foster care, day care, welfare payments, employment services, and the Comprehensive Services Act Programs), and other categorical aid (street maintenance, City Jarl Block Grant, Juvenile Facilities Block Grant, Law Enforcement and Library Grant). Revenues in this category totaled $41,115,771, exceeding the FY98 total by $3,118,936 or 8.21%. The increase in the current year is largely due to revenue gains in Social Services reimbursements from the Commonwealth which provided growth of $2,560,000 since FY98. Revenues from employment services, foster Honorable Mayor and Members City Council August 2, 1999 Page 7 care, day care and general administration of Social Services programs increased. Reimbursements received under the Comprehensive Services Act rose due to an increase in the number of clients served and the intensity of services provided. Shared expenses for the Sheriff's department grew by nearly $471,000 due to an increased level of funding from the State Compensation Board. Grants-in-Aid Federal Government This category consists of funding from the Federal Emergency Management Association (FEMA). Revenue in this category was $34,260 compared to $42,608 for FY98. Charges for Services This category includes court fees, refuse collection, weed cutting, emergency medical service, police fees, fire safety fees, and central sex-v'ice charges. Collections totaled $3,381,997, which reflects a decline of 2.21% from FY98. EMS billings, police fees and weed cutting and demolition charges have decreased. Miscellaneous Revenue Revenues included in this category are payments in lieu of taxes from Roanoke Redevelopment and Housing Authority, sales of surplus property, and other miscellaneous revenues. Revenue in this category was $354,518, an increase of 27.43% over FY98. Sales of surplus property have increased almost $90,000, while Honorable Mayor and Members City Council August 2, 1999 Page 8 there have been decreases in other miscellaneous revenues. Internal Services This category represents payments from Enterprise, Internal Service, and Agency Funds for services provided by the General Fund departments. Services provided include fire safety for the Airport, billings and collections services for the Water and Sewage Treatment Funds, engineering sei-vices and various other public works services. The category totaled $2,169,913 exceeding its budget by 1.69% and exceeding last year's revenue by $258,708. This increase was primarily due to a billing of $285,523 by Occupational Health Services to the Risk Management Fund to help fund the operation of the employee health clinic. Billings totaled $134,000 during FY98. Street maintenance billings also increased, while billings by building maintenance and custodial services declined. Expenditures Total expenditures and encumbrances for FY 1999 were $173,670,157 which were $2,139,224 or 1.22% less than City Council had authorized (See page 20). The authorized expenditure budget includes appropriations of CMERP funds during the year. General Fund expenditures and encumbrances are up 3.07% overall compared to last fiscal year. The majority of this increase is due to personnel costs, but there are some other variances worthy of comment. Honorable Mayor and Members City Council August 2, 1999 Page 9 General Government expenditures are up 7.01%. CIS charges to the Commissioner of the Revenue and the Treasurer rose due to systems development related to the personal property tax relief act. CIS charges to the Department of Finance rose due to systems development related to a new release of the accounting system. Professional fees paid by the Personnel Department are also up from the prior year due to expenditures incurred for the pay plan study. Public Safety expenditures increased 4.12%. Reimbursements declined due to a decrease in the number of state prisoners housed at the Jail. CIS charges relating to the year 2000 and the purchase of the automated public safety system rose. Overtime costs of the Fire department also increased. Due to a high number of vacancies within the Fire department, more overtime was necessary. Public Works expenditures declined 4.95%. In FY98, approximately 36,000 automated waste containers were purchased while no such purchases were made during FY99. This decrease is partially offset by increased expenditures and a decline in reimbursements received by the Parks and Grounds Maintenance department. Health and Welfare expenditures rose 15.43%. Due to welfare reform, the City now receives more funding designated for day care service payments. Day care service benefits provided to clients increased substantially from FY98 to FY99 as a result. Expenditures for foster care also rose as did payments under the Comprehensive Services Act. Contributing to this increase is the fact that many CSA clients now Honorable Mayor and Members, City Council August 2, 1999 Page 10 reqlflre more intensive services than in the past. Transfer to Debt Sex-vice Fund is up 16.46% as budgeted. The FY99 debt service transfer increased to provide funding for the capital lease payment to Motorola as part of the 800 mhz regional radio project and for the Series 1999 bonds to be issued later this year. Transfer to the School Fund increased .08% and equaled the revised budget in this category of $41,507,690. This showed only slight growth since FY98 because the School Board was not entitled to any General Fund CMERP allocation during FY99. This was a product of the local tax revenue performance last year and higher than expected School CSA costs in FY98. Nondepartmental expenditures declined 8.99%, primarily due to a decrease in transfers of CMERP funding appropriated for capital needs in other funds. School Fund School Board operations are accounted for as a separate fund. The revenues included in this discussion do not include the multi-year Grant Funds, but only those that comprise the annual (adopted) budget. School Fund revenues totaled $92,915,221, exceeding the estimate of $92,726,135 by $189,086. A recent history of School Fund revenue estimates compared to actual revenues is shown on the following page. Honorable Mayor and Members City Council August 2, 1999 Page 11 SCHOOL FUND Fiscal Revenue Actual Percent of Year Estimate Collections Estimate Cdlected 1999 $92,726,135 $92,915,221 100.20% 1998 87,792,494 88,104,376 100.36% 1997 84,588,513 84,956,609 100.39% 1996 79,217,171 79,699,461 100.61% 1995 75,243,077 75,839,281 100.79% The amounts shown for FY99 are unaudited and may change slightly in the course of our external audit. They are being reported to you for informational and planning purposes. The School Board will receive a portion of the General Fund CMERP, per the requirements established in Ordinance No. 26292, and also retain the CMERP generated in the School Fund. This is consistent with the method of allocating CMERP between the City and School Administration in prior years. General Fund CMERP allocated to the Schools is $1,015,462. The amount of CMERP designated in the School Fund totals $1,076,394 or 1.14% of School Fund Appropriations. Therefore, the total CMERP available to the Schools in both the General Fund and School Fund is $2,091,856. Designated CMERP for FY99 School Share of General Fund CMERP School Fund CMERP Total School CMERP $1,015,462 1,076,394 $ 2,091,856 Honorable Mayor and Members City Council August 2, 1999 Page 12 School Fund Statement of Revenues Shown on page 21 is a summary of the major categories of revenues and the specific variances between actual (unaudited) and estimated. Following are some brief comments on the variances in major revenue categories. State Sales Tax State sales tax totaled $8,466,593, which was over its estimate of $8,269,520 by $197,093 or 2.38%. This revenue grew by 7.75% since last year, a positive economic indicator. Grants-In-Aid Commonwealth This category includes Basic State Aid, Special Education, Summer Schools, Vocational Education, At-Risk Children, Fringe Benefit Reimbursement, Disparity Incentive and several smaller revenue sources. Revenues in this category totaled $36,778,068, slightly above the estimate of $36,526,689. Approximately $1,400,000 was received for educational technology. Disparity incentive funding and basic state aide revenue, which increased from the prior year, fell below the budget. Foster Home Children revenues exceeded the budget amount by $63,557. The other major revenues in this category were generally close to the estimates. Grants-In-Aid Federal Government The largest revenue source in this category is School Food Aid. Total revenue Honorable Mayor and Members City Council August 2, 1999 Page 13 collected in this category was $2,769,877, an increase of 2.88% over FY98. Charges for Services Major sources of revenue in this category are tuition, cafeteria receipts, and reimbursement for transportation for special trips. Revenues for the category totaled $3,392,993, and were 7.42% over the estimate. Funding for special education and cafeteria receipts both exceeded their estimates, providing positive variance. Transfers from General Fund Local .funding from the General Fund totaled $41,507,690 and included the School share of local taxes. Funding from the General Fund increased $32,012 since FY98 but fell short of the budgeted $41,847,029 by $339,339 due to a decrease in the transfer to cover additional school CSA costs. Expenditures Expenditures and encumbrances in the School Fund (excluding special purpose grants) totaled $94,135,784, leaving an unobligated balance of $895,503. It is important to note that the authorized expenditure budget includes appropriations from CMERP during the fiscal year. CMERP appropriations and budgeted revenue provide sufficient funding in total for expenditures and encumbrances during the year. We would like to reiterate that the General and School Fund figures discussed within this report are unaudited and subject to change during the course of our Honorable Mayor and Members City Council August 2, 1999 Page 14 external audit. A detailed analysis of the Enterprise Funds will be also included with the annual financial report. We would also like to thank City Council, the administration, and especially the dedicated staff of the Department of Finance for their support throughout fiscal year 1999. We would be pleased to answer any questions that Council may have. JDG:s Attachments ~D~ector of ~ C: James D. Ritchie, Acting City Manager Diane S. Akers, Acting Assistant City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk George C. Snead, Director of Public Safety Kit B. Kiser, Director of Utilities and Operations Robert K. Bengtson, Acting Director of Public Works Glenn D. Radcliffe, Director.of Human Development E. Wayne Harris, Superintendent, Roanoke City Schools Richard Kelley, Assistant Superintendent for Operations Barry L. Key, Manager, Management and Budget Sherman M. StovAll, Acting Administrator, Management and Budget City of Roanoke, Virginia Allocation of CMERP to the General Fund June 30, 1999 Unaudited General Fund CMERP Allocation General Fund Revenues In Excess of Budgeted Amounts General Fund Unobligated Appropriations Less: Reserve for Uninsured Claims Total General Fund CMERP Allocation School Fund CMERP Allocation, see page 16 Total General Fund CMERP $2,449,647 2,139,225 (250,000) 4,338,872 (1,015,462) $3,323,410 15 City of Roanoke, Virginia Allocation of General Fund Revenues to School CMERP June 30, 1999 Unaudited Local Taxes General Property Taxes Other Local Taxes Total Local Taxes $69,623,873 53,145,733 122,769,606 Less: Local Taxes Dedicated for Specific Purposes Current Downtown District Real Estate Tax Delinquent Downtown District Real Estate Tax Current Williamson Road District Real Estate Tax Delinquent Williamson Road District Real Estate Tax Downtown District Public Service Tax Utility Consumer Tax Dedicated to Roanoke River Flood Reduction Telephone Surcharge (E911) Taxes Cable TV Franchise Tax Dedicated to Local Government Access Channel Cigarette Tax to Support Debt Service of Bonds Issued for Jail and Juvenile Detention Home Motor Vehicle License Tax to Support Debt Service of Bonds Issued for Jail and Juvenile Detention Home Cigarette Tax for COPE Team and Convention and Visitor's Bureau Transient Room Tax to Support Convention and Visitors Bureau Delinquent Real Estate Taxes Dedicated to Support Tax Sale Taxes Dedicated to Economic Development Net Local Taxes School Percentage Share of Local Taxes School Share of Local Taxes Other Adjustments: Deduct School Portion of CSA Program Deduct Interest Earnings Add Funding for Pre-School Initiative Net School Transfer Less: FY99 Local Funding of School Board Allocation of CMERP to School Board (188,440) (8,926) (53,710) (1,930) (23,957) (808,000) (1,090,634) (169,357) (305,000) (325,000) (501,429) (200,000) (95,000) (75,086) 118,923,137 36.42% 43,311,806 (793,409) (200,000) 204,755 42,523,152 (41,507,690) $1,015,462 Note: Percentage share based on Revenue Allocation Model developed by the Office of Management and Budget. 16 City of Roanoke, Virginia Summary of School Board CMERP June 30, 1999 Unaudited School Fund CMERP Allocation School Fund Revenues In Excess of Budgeted Amounts School Fund Unobligated Appropriations Subtract: Increase in Workers' Comp Trust Fund Total School Fund CMERP Allocation General Fund CMERP Allocation, see page 16 Total School CMERP $189,086 895,502 (8,194) 1,076,394 1,015,462 $2,091,856 17 City of Roanoke, Virginia Capital Maintenance and Equipment Replacement Reserve (CMERP) Per Ordinance 26292 Total General Fund Budget FY99 Less: General Fund Transfer to Debt Service Maximum Designated CMERP Reserve $175,809,381 10% 17,580,938 (11,075,927) $6,505,011 Amoum Designated as FY99 CMERP City Portion - General Fund School Portion - General Fund $3,323,410 1,015,462 $4,338,872 18 Balance July 1, 1998 Ordinance Number Date CMT 138 07/31/98 33974 08/17/98 33985 08/17~98 CMT 142 08/19~98 CMT 318 08~24/98 34030 10/16/98 C MT367 10/20~98 CMT156 11/09/98 CMT172 01/25/99 CMT174 02/17~99 34159 02/19/99 CMT190 02/23/99 CMT187 03/08/99 34232 04~05/99 CMT538 05/18/99 34311 06/07~99 CMT 222 06/08/99 34343 06/21/99 CMT 260 06~30~99 CMT 262 06/30~99 CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE JUNE 30, 1999 Department Utilities & Operations Transfer to Grant Fund Transfer to Grant Fund Planning & Community Development Memberships & Affiliations Transfer to Capital Projects Fund Personnel Management Utilities & Operations City Council Commissioner of the Revenue Planning & Community Development Recreation City Council Public Works Economic Development Transfer to Capital Projects Fund Libraries Transfer to Capital Projects Fund City Council City Manager Balance June 30, 1999 $379,244 _Purpose Funding for a Portion of Shuffle Service to Victory Stadium on July 4 (2,967) Local Match for Drug Prosecutor Grant (14,806) Local Match for VJCCCA Grant (2,545) Funding for Passenger Station Rezoning Advertising (350) Roanoke Sister Cities (2,500) Westview Terrace Property Acquisition (10,000) Funding for Pilot Program for Diversity Training (7,000) Funding for Soil Stabilization of Westview Terrace Property (7,425) Funding to Install Reading Light on Council Chamber Dias (1,068) Funding for the Cost of NADA Pricing of Vehicles (5,000) Funding for Planning Staff- Neighborhood Planning (35,942) Funding for 1998 United Way Campaign Expenses (3,477) Additional Funding for Mayorial and City Council Honoraria (3,000) Snow Removal (76,292) Annual Dues Regional Industrial Facilities Authority (5,000) Funding for Environmental Issues Related to Public Works Center (100,000) Purchase and Installation of Personal Computers in all City Libraries (13,000) Funding for Firefighter Memorial (83,500) Funding for Termination Leave Wages (2,123) Funding for Payroll Accrual and Internal Service Charges (3,249_) 19 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Miscellaneous Revenue Internal Services Total Year to Date for the Period July 1 - June 30 July 1 - June 30 Percentage 1997-98 1998-99 of Change $65,673,172 $69,623,873 6.02 % 50,560,909 53,145,733 5.11 % 722,222 750,751 3.95 % 943,559 904,067 (4.19) % 1,205,854 981,664 (18.59) % 37,996,835 41,115,771 8.21 % 42,608 34,260 (19.59) % 3,458,478 3,381,997 (2.21) % 278,198 354,518 27.43 % 1,911,205 2,169,913 13.54 % $162,793,040 $172,462,547 5.94 % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $67,678,685 102.67% 52,032,919 102.14% 698,800 107.43% 1,035,000 87.35% 1,043,760 94.05% 41,810,133 98.34% 34,260 100.00% 3,271,270 103.38% 274,300 129.24% 2,133,773 101.69% $170,012,900 101.44% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year July 1 - June 30 July 1 - June 30 Percentage Unencumbered Expenditures 1997-98 1998-99 of Change Balance General Government $10,581,073 $11,322,448 7.01% $229,075 Judicial Administration 4,334,188 4,402,439 1.57 % 65,271 Public Safety 37,908,389 39,469,733 4.12 % 418,467 Public Works 26,222,317 24,923,118 (4.95) % 175,572 Health and Welfare 21,720,793 25,071,440 15.43 % 1,102,029 Parks, Recreation and Cultural 4,342,547 4,438,132 2.20 % 35,505 Community Development 2,862,787 2,773,422 (3.12) % 51,237 Transfer to Debt Service Fund 9,510,800 11,075,927 16.46 % Transfer to School Fund 41,475,678 41,507,690 0.08 % Nondepartmental 9,543,501 8,685,808 (8.99) % 62,068 Total $168,602,073 $173,670,157 3.07 % $2,139,224 Percent of Revised Budget Appropriations Obligated $11,551,523 98.02% 4,467,710 98.54% 39,888,200 98.95% 25,098,690 99.30% 26,173,469 95.79% 4,473,637 99.21% 2,824,659 98.19% 11,075,927 100.00% 41,507,690 100.00% 8,747,876 99.29% _ $_1_7_5,~80_9,_3_~1 98~.78 '_/? 2O 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- June 30 July 1- June 30 1997-98 1998-99 $7,857,364 $8,466,593 32,757,917 36,778,068 2,692,226 2,769,877 3,321,191 3,392,993 41,475,678 41,507,690 9,615,364 10,805,451 $97,719,740 $103,720,672 Percentage of Change Current Fiscal Year Revised Revenue Estimates 7.75 % $8,269,520 12.27 % 36,526,689 2.88 % 2,924,162 2.16 % 3,158,735 0.08 % 41,847,029 12.38 % 10,805,451 6.14 % $103,531,586 Percent of Revenue Estimate Received 102.38% 100.69% 94.72% 107.42% 99.19% NA 100.18% 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 Current Fiscal Year Percent of July 1- June 30 July 1- June 30 Percentage Unencumbered Revised 1997-98 1998-99 of Change Balance Appropriations $63,892,506 $67,790,840 6.10 % $387,696 2,919,661 3,392,240 16.19 % 12,495 3,004,637 3,343,972 11.29 % 132,809 9,219,700 9,115,670 (1.13) % 243,643 3,829,667 4,085,774 6.69 % 63,420 2,648,139 2,261,427 (14.60) % 50,188 3,690,217 4,145,861 12.35 % 5,252 9,615,364 10,805,451 12.38 % - $68,178,536 3,404,735 3,476,781 9,359,313 4,149,194 2,311,615 4,151,113 10,805,451 Budget ?_b!ig~a__ted 99.43% 99.63% 96.18% $98,819,891 $104,941,235 6.19 % $8~5,50~_3_ $105,836,738 97.40% 98.47% 97.83% 99.87% N/A 99.15% 21 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JUNE 30, 1999 General Government Public Safety Community Development Recrea~on Streets and Bridges Sanitation Projects Traffic Engineering Other Infrastructure Projects Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobligatad Budget To Date Balance Encumbrances Balance 22,301,815 16,548,468 5,753,347 422,646 5,330,701 1,992,481 816,365 1,176,116 190,613 985,503 1,081,000 526,781 554,219 518,194 36,025 3,721,023 1,657,425 2,063,598 1,306,776 756,822 23,261,132 16,460,002 6,801,130 4,924,428 1,876,702 1,299,299 927,612 371,687 19,330 352,357 2,616,089 2,189,625 426,464 92,794 333,670 20,340,206 12,194,142 8,146,064 1,617,598 6,528,466 2,376,874 2,376,874 2,376,874 $78,989,919 $51,320,420 $27,669,499 $9,092,379 $18,677,120 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JUNE 30, 1999 Education Capital Improvement Reserve Total Budget $32,753,853 (951,021) $31,802,832 Expenditures Unexpended Outstanding Unobligated To Date Balance Encumbrances Balance $25,602,530 $7,151,323 $3,383,036 (951,021) $25,602,530 $6,200,302 $3,383,036 $3,768,287 (951,021) $2,817,266 22 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND COMPARATIVE STATEMENT OF REVENUES FOR THE 12 MONTHS ENDING JUNE 30, 1999 Interest Revenue: Interest on Bond Proceeds Interest on Idle Working Capital Total Interest Revenue Multi Year Revenues: Intergovernmental Revenue: Federal Government: Garden City Commonwealth: Governor's Opportunity Fund - Johnson and Johnson Garden City Public Works Se~ce Center Virginia Western Community College-Signals Virginia Transportation Museum-ISTEA Governor's Opportunity Fund-Maple Leaf Second Street Entrance - Coca Cola Total Intergovernmental Revenue Revenue from Third Parties: First Union Penalty Payment Roanoke Valley Detention Commission A & M Enterprises -Land Sale Total Revenue from Third Parties Other Revenue: Transfers from General Fund Proceeds From Sale of Bonds Transfers from Debt Service Fund Transfers from Other Funds Total Revenue from Other Revenue Total FY1999 $951,006 744,169 1,695,175 398,936 2,000,000 38,334 26,283 100,000 71,503 109,150 2,744,206 6,000 700,000 350,240 1,056,240 4,115,837 727,845 110,000 4,953,682 $10A49,303 FY1998 $1,622,047 245,990 1,868,037 1,040,222 180,210 110,000 1,330,432 149,339 149,339 4,330,766 8,469,000 585,780 13,385,546 $16,733,354 23 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1999 Operating Revenues Commercial Sales Domestic Sales Industrial Sales Town of Vinton County of Roanoke City of Salem County of Botetourt County of Bedford Customer Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Rent Miscellaneous Revenue Sale of Land Loss on Disposal of Fixed Assets Interest and Fiscal Charges Transfer to ClS Fund Transfer to Capital Projects Fund Net Nonoperating Expenses Net Income FY1999 $3,106,479 2,932,212 234,589 21,570 1,584,037 13,888 131,444 5,802 422,648 8,452,669 1,474,602 3,550,342 1,405,982 6,430,926 2,021,743 318,655 59,446 22,481 325,000 (569) (1,254,41 9) (529,406) $1,492,337 FY 1998 $3,025,421 2,806,057 228,078 21,983 1,420,150 3,633 540,308 8,045,630 1,425,810 3,359,863 1,388,472 6,174,145 1,871,485 416,241 25,681 51,007 (1,066,592) (172,371 ) (233,446) (979,480) $892,005 24 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 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 (Expenses) Interest on Investments Interest and fiscal charges Miscellaneous Revenue Transfer to Capital Projects Fund Transfer to ClS Fund Loss on Disposal of Fixed Assets Net Nonoperating Revenues Net Income FY 1999 $7,387,355 761,141 129,612 550,824 110,708 141,615 101,891 9,183,146 1,800,107 5,575,659 971,478 8,347,244 835,902 587,876 (197) 25,234 (4,382) 608,531 $1 ,~??.,433 FY 1998 $6,988,997 966,481 164,918 911,719 119,107 229,868 54,923 9,436,013 1,716,408 4,633,277 961,666 7,311,351 2,124,662 580,418 22,271 (37,071) (172,371 ) 393,247 $2,517,909 25 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1999 Operating Revenues Rentals Parldng Fees Event Expenses Admissions Tax Commissions Novelty Fees Charge Card Fees Other Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues (Expenses) Transfer from Other Funds Interest on Investments Loss on Disposal of Fixed Assets Miscellaneous Net Nonoperating Revenues Net Income (Loss) FY 1999 $610,332 230 459 202 796 248 628 275 718 60 670 43 093 28 544 1,700,240 1,164,322 1,273,737 404,315 2,842,374 (1,142,134) 858,771 71,539 (25,372) 1,706 ($235,490) FY 1998 $684,596 277,571 250,335 304,724 362,684 113,668 9,213 2,002,791 1,089,454 1,150,173 394,879 2,634,506 (631,715) 1,087,162 56,811 14,060 1,158,033 $526,318 26 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 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 Transfer from General Fund Operating Subsidy for GRTC Capital Subsidy for GRTC Transfer to Capital Projects Fund Miscellaneous Net Nonoperating Expenses Net Loss FY 1999 $298,128 408,767 179,862 421,276 316,529 65,164 1,689,726 716,407 540,078 1,256,484 433,242 16,273 (548,095) 1,214,506 (1,028,260) (200,000) 6,022 (539,554) ($106,312) FY 1998 $262,919 408,030 164,707 385,285 232,333 94,160 1,547,434 702,656 539,820 1,242,476 304,958 36,475 (461,467) 1,097,773 (859,211) (29,682) 3,979 (212,133) $92,825 27 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1999 Operating Revenues Conference Center $ Total Operating Revenues Operating Expenses Commission Conference Center Total Operating Expenses Net Operating Income (Loss) Nonoperating Revenues (Expenses) Contributions from City of Roanoke Contributions from Virginia Tech Proceeds from Brick Sales Interest on Investments Rent, Taxes, Insurance, and Other Net Nonoperating Revenues (Expenses) Net Income Before Depreciation Depreciation Expense/Replacement Reserve Net Income (Loss) Notes to Financial Statement: (1) (2) FY 1999 CONFERENCE COMMISSION (1) CENTER (2) TOTAL - $ 3,041,006 $ FY 1998 3,041,006 $ 2,799,107 3,041,006 3,041,006 2,799,107 320,591 95,594 2,529,925 2,466,786 2,850,516 2,562,380 190,490 236,727 320,591 - 2,529,925 320,591 2,529,925 (320,591) 511,081 175,000 175,000 175,000 175,000 175,000 175,000 - - 572 45,096 45,096 31,935 - (106,095) (106,095) (113,137) 395,096 (106,095) 289,001 269,370 74,505 404,986 479~91 506,097 497,087 60,822 557,909 520,966 ($422,582) $344,1 04 ($78,418) ($14,869) The column entitled "Commission" represents Commission activity in the City's financial records. The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree Management. 28 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 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 Re~nue Gain on Sale of Trigon Common ~tock Transfer from Other funds Transfer to Other Funds Loss on Disposal of Fixed Assets Net Nonoperating Revenues (Expenses) Net Income (Loss) TOTALS city Information Materials Management Utility Line Fleet Risk Systems Control Services Services Management Management FY 1999 FY 1998 $3,176,599 $161,905 $127~_35 $3,309,427 $3,116,189 $7,344,462 $17,235,817 $15,889,065 3,176,599 161,905 127,235 3,309,427 3,116,189 7,344,462 17,235,817 15,889,065 1,713,297 105,162 26,640 2,417,959 1,253,106 195,228 5,711,392 5,248,382 963,441 14,185 65,479 582,041 1,027,712 7,192,711 9,845,569 8,881,128 476,308 1,828 16,076 144,153 1,717,369 2,355,734 2,372,647 3,153,046 121,175 108,195 3,144,153 3,998,187 7,387,939 17,912,695 16,502,157 23,553 40,730 19,040 165,274 (081,958) (43,477) (676,878) (613,082) 201,308 - 10,863 76,140 52,290 490,481 831,082 824,852 - - 276,713 1,392,804 477,723 250,000 2,030,527 2,933,874 - (473,972) (9,938) (49,500) - (59,438) 1,494,174 (38,637) 76,140 530,013 740,481 2,802,171 3,561,467 $1,517,727 $40,730 ($19,597) $241,414 ($351,995) $697,004 $2,125,293 $2,948,375 29 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JUNE 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 JUNE 30, 1999. BALANCE AT BALANCE AT BALANCE AT FUND MAY 31, 1999 RECEIPTS DISBURSEMENTS JUN 30, 1999 JUN 30, 1998 GENERAL $11,936,091.60 $12,182,008.61 $15,602,532.13 $8,515,568.08 $9,835,945.111 WATER 6,773,199.71 509,284.95 459,881.35 6,822,603.31 7,094,427.62 SEWAGE 9,791,890.28 2,753,759.49 3,334,070.67 9,211,579.10 14,235,558.13 CIVIC CENTER 1,200,879.72 286,171.70 207,065.24 1,279,986.18 1,433,583.24! TRANSPORTATION 114,130.81 142,382.98 50,176.40 206,337.39 178,933.74 CAPITAL PROJECTS 32,689,208.72 2,164,343.47 1,180,978.87 33,672,573.32 42,429,691.36 CONFERENCE CENTER 938,918.79 89,498.53 43,598.23 984,819.09 908,846.63 J UVEN ILL DETENTION 2,887,450.00 12,191.27 85,107.12 2,814,534.15 0.00 DEBT SERVICE 11,118,633.79 42,054.68 0.00 11,160,688.47 11,286,469.04 CITY INFORMATION SYSTEMS 5,251,357.66 162,859.97 564,462.80 4,849,754.83 3,853,781.13 MATERIALS CONTROL (65,677.12) 95,237.56 73,122.34 (43,561.90) (84,284.31) MANAGEMENT SERVICES 206,489.88 7,743.67 7,415.62 206,817.93 228,763.82 UTILITY LINES SERVICES 1,955,065.63 0.00 306,260.37 1,648,805.26 1,608,631.21 FLEET MANAGEMENT 1,781,784.06 138,965.36 111,283.83 1,809,465.59 597,010.75 PAYROLL (9,539,252.69) 16,260,210.94 13,258,862.17 (6,537,903.92) (5,961,816.54) RISK MANAGEMENT 10,417,201.84 445,609.56 517,539.91 10,345,271.49 9,645,574.80 HIGHER EDUCATION AUTH 4,447,661.64 16,980.08 5,269.20 4,459,372.52 0.00 PENSION (436,982.85) 2,677,562.07 918,419.86 1,322,159.36 553,172.43 SCHOOL FUND 11,835,407.66 5,049,942.60 5,895,855.95 10,989,494.31 9,494,363.29 SCHOOL CAPITAL PROJECTS (5,3251999.13) 81,707.09 1,150,664.59 (6,394,956.63) 0.00 F D ETC 141,173.91 7,297.67 129,633.10 18,838.48 123,851.68 GRANT 591,271.13 440,208.09 626,564.36 404,914.86 803,867.37 TOTAL $_98 709,9_ _ .05.04 ~4~3,5~,020.34 $44 528,764.11 $97,747,161.27 $108,266,370.50 i 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 JUNE 30, 1999. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN TRANSIT 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 $367,850.88 (123,158.86) 4,648,000.00 8,966,473.61 9,984,300.00 23,341,720.41 35,000,000.00 2,965,941.46 12,596,033.77 $97,747,161.27 DATE: JULY 12, 1999 DAVID C. ANDERSON, TREASURER 30 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 12 MONTHS ENDING JUNE 30, 1999 Revenue Contributions Investment Income Gain on Sale of Investments Bond Discount Amortization To~lRevenue 1999 $6,134,338 8,882,131 9,952,619 25,743 $24,994,831 1998 $6,078,689 8,031,487 12,618,683 13,124 $26,741,983 Pension Payments Fees for Professional Services Bond Premium Amortization Active Service Death Benefits Administrative Expense City Supplement to Age 65 To~lExpenses Net Income $9,789,415 984,376 186,186 7,782 240,031 63,282 11,271,072 $13,723,759 $8,920,237 906,533 289,931 21,621 217,483 10,355,805 $16,386,178 31 CITY OF ROANOKE PENSION PLAN BALANCE SHEET JUNE 30, 1999 Assets Cash Investments: (market value: 1999 $342,359,701 1998 $305,645,240) Due from Other Funds Due from Other Governments Accrued Investment Income Other Assets Total Assets 1999 $899,996 238,718,567 5,514 1,186,230 18,000 $240,828,307 1998 $537,585 225,182,468 215,471 24,349 1,127,124 18,000 $227,104,997 Liabilities and Fund Balance Liabilities: Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Income - Year to Date Total Fund Balance Total Liabilities and Fund Balance $214,513 214,513 226,890,035 13,723,759 240,613,794 $240,828,307 $214,962 214,962 210,503,857 16,386,178 226,890,035 $227,104,997 32 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 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 August 2, 1999 File #27 SANDRA H. EAKIN Deputy City Clerk William A. Burchell, Executive Vice-President Robinson Pipe Cleaning Company P. O. Box 396 Eighty Four, Pennsylvania 15330 Dear Mr. Burchell: I am enclosing copy of Ordinance No. 34423-080299 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, at a unit price of $84.47 per dry ton, for a total minimum sum of $844,700.00 and a maximum total sum of $1,013,640.00, in a total time frame of one year with up to four additional one year extensions, as more particularly set forth in a report of the Acting City Manager dated August 2, 1999; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 2, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: The Honorable Sherman A. Holland, Commissioner of the Revenue James D. Ritchie, Sr., Acting City Manager 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 Sherman M. Stovall, Budget Administrator, Office of Management and Budget Steven L. Walker, Manager, Water Pollution Control Plant August 2, 1999 Council Report No. 99-147 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT REMOVE, TRANSPORT AND DISPOSE OF DIGESTED, LAGOONED SLUDGE FROM THE WATER POLLUTION CONTROL PLANT 1402 BENNINGTON STREET, S.E. ROANOKE, VIRGINIA BID NO. 99-5-58 We, the undersigned Bid Committee, hereby submit the attached report for your consideration. Respectfully submitted, arroll E. Swain?/~hairm--aan W. Alvin Hudson Kit B. Kiser CES/LBC/fm Attachment: Bid Committee Report C: City Attorney City Clerk Director of Finance Director of Public WOrks Director of Utilities and Operations Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue Manager, Water Pollution Control Plant August 2, 1999 Council Report No. 99-147 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT REMOVE, TRANSPORT AND DISPOSE OF DIGESTED, LAGOONED SLUDGE FROM THE WATER POLLUTION CONTROL PLANT 1402 BENNINGTON STREET, S.E. ROANOKE, VIRGINIA BID NO. 99-5-58 I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, Ja~"~"~tc~ Acting City Manager JDR/LBC/fm Attachment: Bid Committee Report C: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue Manager, Water Pollution Control Plant August 2, 1999 Council Report No. 99-147 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT REMOVE, TRANSPORT AND DISPOSE OF DIGESTED, LAGOONED SLUDGE FROM THE WATER POLLUTION CONTROL PLANT 1402 BENNINGTON STREET, S.E. ROANOKE, VIRGINIA BID NO. 99-5-58 Background on the subject in chronological order is as follows: Eo Bids, followinq proper advertisement, were publicly opened and read aloud, by D. Darwin Roupe, Manager of Supply Management, on July 1, 1999 at 2:00 p.m. Fo Two (2) bids were received with Robinson Pipe Cleaning Company, of Eighty Four, Pa., submitting the Iow bid of $84.47 per dry ton and a minimum of 10,000 dry tons and a maximum of 12,000 dry tons for a one year contract. Wheelabrator Water Technolo.q es, Inc., Bio-Gro Division submitted an alternate bid by retyping the Bid Form. This alternate bid was ruled as non-responsive by the City Attorney's Office. It was a bid for services other than what was included in the Contract Documents. Addendum I specified that if a firm other than Wheelabrator Water Technologies, Inc., Bio-Gro Division, was the Iow bidder, they would have until March 1, 2000 to acquire land application permits for sludge application (Bio- Gro has had this contract for seventeen (17) years.) The successful bidder will still be required to haul and apply the full 10,000 dry tons of sludge by September 30, 2000. Contract is specified for only one year with the right of the City to renew each year for an additional 4 years. Cost per dry ton each year is based on the Consumer Price Index of the Philadelphia office. Current contract cost per dry ton is $91.0§. II. Current situation is as follows: A. Contractor submittinq the Iow bid complied with the requirements of the contract documents for bidding. Honorable Mayor and Members of City Council BID COMMITTEE REPORT REMOVE, TRANSPORT AND DISPOSE OF DIGESTED, LAGOONED, SLUDGE FROM THE WATER POLLUTION CONTROL PLANT 1402 BENNINGTON STREET, S.E. ROANOKE, VIRGINIA BID NO. 99-5-58 August 2, 1999 Page 2 An acceptable responsive bid has been received and a contract needs to be executed. III. Issues in order of importance are as follows: B. C. D. Compliance of the bidder with the requirements of the contract documents. Amount of the Iow bid. Funding for the project. Time of completion. IV. Alternatives in order of feasibility are as follows: Award and authorize the Actinq City Manager to sign a contract with Robinson Pipe Cleaning Company, of Eighty Four, Pa., to remove and properly dispose of a minimum of 10,000 dry tons of sludge from the existing five (5) lagoons in one year at the Water Pollution Control Plant at the unit price of $84.47 per dry ton. The maximum dry ton amount for the year could be the specified amount of 12,000 dry tons. The minimum contract for the one year period would be $844,700 and the maximum contract amount would be $1,013,640. The contract will be for one year with the right of the City to renew each year for up to an additional 4 years. Compliance of the bidder with the requirements of the contract documents for biddinq was met. Amount of the Iow bid is acceptable ($6.58 per dry ton less than present contract). Funding for this project will require a minimum of $844,700 and a maximum of $1,013,640. Funding of $1,000,994 is available in Account No. 003-056-3150-2010 Sewage Fund Administration - Fees for Professional Services. The remaining funding may be transferred from another account if the full maximum tonnage of sludge is removed from the plant. Honorable Mayor and Members of City Council BID COMMITTEE REPORT REMOVE, TRANSPORT AND DISPOSE OF DIGESTED, LAGOONED, SLUDGE FROM THE WATER POLLUTION CONTROL PLANT 1402 BENNINGTON STREET, S.E. ROANOKE, VIRGINIA BID NO. 99-5-58 August 2, 1999 Page 3 Reiect 1. o Time of this contract is for one year, from September 30, 1999 to September 30, 2000. the bids and do not award a contract at this time. Compliance of the bidders with the requirements of the contract documents for bidding would not be an issue. Amount of the Iow bid price per dry ton would probably increase when re-bid at a later date. Funding would not be encumbered at this time. Time to continue the removal of sludge would be delayed. Sludge hauling should continue as expeditiously as possible to prevent filling the lagoons. Recommendation is as follows: City Council concur in alternative "A" and take the following: Authorize the Acting City Manager to enter into a contractual agreement, in form approved by the City Attorney, with Robinson Pipe Cleaning Company, of Eighty Four, Pa., for the 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 and one year contract time in accordance with the contract documents as prepared by the Office of the City Engineer. Bo Authorize the encumbrance of funding for the total of $1,000,994 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. Fundin.q of $1,000,944 is available in Account Number 003-056-3150-2010. Additional funding, if needed, is described under V. B. D. Reject the other bids received. Honorable Mayor and Members of City Council BID COMMITTEE REPORT REMOVE, TRANSPORT AND DISPOSE OF DIGESTED, LAGOONED, SLUDGE FROM THE WATER POLLUTION CONTROL PLANT 1402 BENNINGTON STREET, S.E. ROANOKE, VIRGINIA BID NO. 99-5-58 August 2, 1999 Page 4 CES/LBC/fm Attachment: Bid Tabulation cc: City Attorney City Clerk Director of Finance 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 Manager, Water Pollution Control Plant TABULATION OF BIDS REMOVE, TRANSPORT AND DISPOSE OF DIGESTED, LAGOONED SLUDGE FROM THE WATER POLLUTION CONTROL PLANT 1402 BENNINGTON STREET,S.E. ROANOKE, VIRGINIA BID NO. 99-5-58 Bids were opened by D. Darwin Roupe, Manager, Office of Supply Management, on Thursday, July 1, 1999 at 2:00 p.m. BIDDER COST PER DRY TON BOND Wheelabrator Water Technologies, Inc., Bio-Gro Division $87.73 YES Robinson Pipe Cleaning Company $84.47 YES Contract for the first year: Minimum: Maximum: $ 844,700 $1,013,640 Office of the City Engineer Roanoke, Virginia August 2, 1999 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 2, 1999 File #51 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron & Agee P. O. Box 20068 Roanoke, Virginia 24018-0007 Dear Mr. Natt: I am enclosing copy of Ordinance No. 34406-080299 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. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, July 19, 1999, also adopted by the Council on second reading on Monday, August 2, 1999, and will be in full force and effect ten days following the date of its second reading. Sincerely, p~.,~.. Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: Barbara N. Duerk, Chair, City Planning Commission, 2607 Rosalind Avenue, S. W., Roanoke, Virginia 24014 James D. Ritchie, Sr., Acting City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director, Real Estate Valuation Kit B. Kiser, Director, Utilities and Operations Edward A. Natt August 2, 1999 Page 2 pc: Robert K. Bengtson, Acting Director, Public Works Charles M. Huffine, City Engineer Ronald L. Smith, Acting Building Commissioner Evelyn S. Lander, Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 2, 1999 File #51 Mr. and Mrs. Glen C. Combs Mr. and Mrs. Ashli Venaas Mr. and Mrs. Dorr M. Tucker, Jr. Mr. and Mrs. Earl J. Fisher Mr. Brian R. Chocklett Ms. Reva Dillion Harbour Mr. Richard G. West Ms. Martha L. Martin Visions LLC Mr. and Mrs. Willard E. Hacke Akio Koeda D & J Associates Roanoke Associates Ms. Ellen L. Bolt Mr. and Mrs. David Noble Mr. and Mrs. James Cooksey Mr. Chester F. Lang Mr. John P. Dilauro Norfolk Southern Corporation Mr. and Mrs. Ronald Flint Mr. and Mrs. Lacy F. Dudley Tri Ngoc and Ruth Tmong Mr. and Mrs. George R. Preas E1 Rodeo Associates Southwood Roanoke Mr. and Mrs. D. Norris Ford Ms. Joselina L. Rivera A. Wharton Ramsey Mr. and Mrs. James L. Gibbons R. E. Hughes Commonwealth of Virginia Ms. Betty F. Trinkle Mr. and Mrs. Robert Bennett Mr. and Mrs. Dennis Cronk Mr. and Mrs. Burr Murdock Mr. Robert H. Walter Ladies and Gentlemen: I am enclosing copy of Ordinance No. 34406-080299 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. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, July 19, 1999, also adopted by the Council on second reading on Monday, August 2, 1999, and will be in full force and effect ten days following the date of its second reading. August 2, 1999 Page 2 MFP:lo Enclosure ~~ ~ ~&~/~..~Sincerely, Mary F. Parker, CMC/AAE City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1999.. No. 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. WHEREAS, Southwood of Roanoke Community, Inc., and Southwood of Roanoke Homeowners Association, Inc., filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon a portion of six tracts of land containing 60.53-acres located between 1-581 and Franklin Road, S.W., and designated as Official Tax Nos. 1290105, 1290107, 1290108, and 1290171, which property was previously conditionally rezoned by the adoption of Ordinance No. 32777, adopted December 18, 1695'; 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 July 19, 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 amendment; and WHEREAS, this recommendation made 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 tracts of land containing 60.53-acres, located between 1-581 and Franklin Road, S.W., and designated as Official Tax Nos. 1290105, 1290107, 1290108, and 1290171, 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. 129 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the 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 the report of the Planning Commission dated July 19, 1999. ATTEST: City Clerk. H:\ORD-REZ\OAP-SOUTHWOOD 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 July 19, 1999 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request of Southwood of Roanoke Community, Inc., and Southwood of Roanoke Homeowners Association, Inc., to amend proffers contained in Ordinance No. 32777-121895 relating to six tracts of land containing 60.53 acres located between 1-581 and Franklin Road in the City of Roanoke. I. Background: Ordinance No. 32777-121895 was adopted by City Council on December 18, 19995. Ordinance effected the rezoning of the following parcels of land: 2. 3. 4. 5. 6. Official Tax No. 1290105 rezoned from RM-2 to RPUD Official Tax No. 1290131 rezoned from RM-2 to RPUD Official Tax No. 5500112 rezoned from RM-2 and C-2 to RPUD Official Tax No. 5500111 rezoned from RM-2 to RPUD Official Tax No. 1290108 rezoned from RS-3 to RPUD and C-2 Official Tax No. 1290107 rezoned from RM-2 to RPUD and C-2 Properties as rezoned at that time were located on the west side of Franklin Road, S.W., between the terminal points of the public streets, Duke of Glouchester and Roberts Road, S.W. (See Map A) Purpose of the rezoning was to permit the construction of a planned, upscale residential community consistent with provisions and regulations set out in Sections 36.1-289 through 36.1-295 of the City Zoning Ordinance, for Residential Planned Unit Developments (RPUD). Planning unit development was to be constructed in several phases based on market demand. The first phase was to include a public access street and the construction of 26 single family detached homes and 8 townhouses. Average cost for the units was projected to be between $150,000 and $300,000 per unit or home. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Members of Council Page 2 Residential portion of the project was to include 79 single family dwellings, 41 townhouses and 96 condominium units for a total of 216 housing units. Phase I of the proposed development has since been completed. Public access street and a number of residential units have been constructed. Original tax parcel numbers 1290105 and 1290107 have been further subdivided creating 32 additional, smaller parcels. II. Current Situation: Amended application was reviewed by the Planning Commission at its regular meeting of June 2, 1999. B Application is a request to amend the conditions as previously proffered for the rezoning approved by the City on December 18, 1995. Specifically, the applicant is requesting that proffer nos. 1 and 6 be revised and amended. Applicant has deleted proffer no. 5 because Phase 1 has now been completed. C. Original conditions proffered as part of Ord. No. 32777-121895 are as follows: That the property will be developed in substantial conformity with the Site Plan prepared by Lumsden and Associates, dated 10/11/95, 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. No parallel on-street parking will be permitted on streets less than 30 feet in width serving residential units. On-site signage will be limited to identification signage at the main entrance and identification and directional signage within the development. Comprehensive development plans for each phase of development will be submitted to the Planning Commission for review and approval pursuant to Article V of the Zoning Ordinance. o o If no building permit has been issued, and if, construction of the residential units shown as Phase I on the proffered site plan prepared by Lumsden and Associates, dated 10/11/95, is not begun within three (3) years after the effective date of the ordinance rezoning the subject property, the zoning classification of Official Tax No. 1290107 and 1290108 will revert to their previous zoning classification. The portions of the two parcels identified as Official tax Numbers 1290107 and 1290108 which are rezoned C-2, General Commercial District, shall be used only for the purpose of operating a community center, general offices, fitness center, medical clinic, restaurant, hotel/ Members of Council Page 3 motel/inn, or a group care facility subject to Section 36.1-560 of the Code of the City of Roanoke (1979), as amended, and no Certificate of Occupancy shall be issued for such commercial uses unless and until building permits have been issued and construction has begun on the first phase of the residential units. Upon the issuance of a Certificate of Occupancy for any use in the development, access to the site from the Roberts Road neighborhood shall be limited to: ao Emergency vehicle. Construction traffic associated with the development. Access to the existing occupied dwellings until these dwellings or residents are displaced by new construction. Do First Amended Petition to Amend Proffers, dated May 14, 1999, contained a list of revised proffered conditions. Conditions as revised, however, proffered a site plan that covered a portion, but not all, of the subject property. E° Second Amended Petition to amend the original proffers was filed in order to include references to the original site plan as a proffer and the portion of the plan as currently requested for amendment. Second amended petition, filed on May 25, 1999, contains the following proffers: The property will be developed in substantial conformity with the site plan prepared by Lumsden and Associates, dated 10/11/95, a copy of which is attached hereto, with the exception of that property relating to the site plan proffered in connection with the Petition to Rezone filed by Southwood of Roanoke Community, Inc., seeking to rezone a 4.3 acre portion of Tax Map No. 1290107 from C-2 to RPUD and develop 4.3 acres in substantial conformity with the site plan entitled "Petition to Rezone Southwood of Roanoke Community, Inc." Said site plan entitled, "Petition to Rezone Southwood of Roanoke Community, Inc.", is hereby filed and proffered (Exhibit "3"), subject to any changes required by the City during site plan review. No parallel on-street parking will be permitted on streets less than 30 feet in width serving residential units. On-site signage will be limited to identification signage at the main entrance and identification and directional signage within the development. Comprehensive development plans for each phase of development will be submitted to the Planning Commission for review and approval pursuant to Article V. of the Zoning Ordinance. Members of Council Page 4 That the portion of the parcel identified as Official Tax No. 1290108 which is zoned C-2, General Commercial District, shall be used only for the purpose of operating a community center, general offices, fitness center, medical clinic, restaurant, hotel/motel/inn, or a group care facility subject to Section 36.1-560 of the Code of the City of Roanoke (1979), as amended. Upon issuance of a Certificate of Occupancy for any use in the development, access to the site from the Roberts Road neighborhood shall be limited to: ao emergency vehicles construction traffic associated with the development access to the existing occupied dwellings until these dwellings or residents are displaced by new construction. Do Purpose of the requested amendments is to provide and allow for a change in the proffered site plan. Applicant has submitted an application to rezone a 4.3 acre portion of tax parcel no. 1290107 from C-2, General Commercial District to RPUD, Residential Planned Unit Development District. go Applicant now intends to construct 6, 2-unit townhouses and condominiums, including a community center on this 4.3 acre parcel. III. Issues: A. Zoning. B. Land use. C. Access and traffic. D. Screening/buffering. E. Drainage. F. Comprehensive plan. IV. Alternatives: Ao Approve the applicant's request to amend the original profered conditions contained in, and accepted by Council in Ordinance No. 32777-121895, as proffered in the applicant's current petition dated May 25, 1999. Zoning of the subject 4.3 acre parcel will be changed to RPUD district if approved by City Council. Members of Council Page 5 2. Land use of the 4.3 acre parcel will change' from commercial uses to residential (RPUD) uses. 3. Access and traffic will not be an issue. 4. Screening and buffering will not be an issue. 5. Drainage will not be an issue. 6 Comprehensive plan recommends the following: a. New large scale residential development should be encouraged in order to expand the City's population base and respond to the demand for a diversity in housing choices. b. Clustering of residential dwellings to promote attractive residential settings to preserve open space. B. Deny the applicant's request to amend proffered conditions: 1. Zoning: Property will remain as C-2 district. 2. Land use will be commercial. 3. Access and traffic will not be an issue. 4. Buffering and screening will not be an issue. 5. Drainage will not be an issue. 6. Comprehensive plan would not be an issue. Recommendation: Planning Commission, by a vote of 6-0 (Mr. Butler absent) recommends that City Council approve the applicant's request to amend the proffered conditions ERT:mpf attachments Barbara N. Duerk, Chairman Roanoke City Planning Commission Members of Council Page 6 Assistant City Attorney Attorney for the Petitioner LA%1U OFFICE5 OSTERHOUDT. FER. GUSON. NATT. AHER.(DN ~ AGEE A PROFESSIONAL COIl, POtATION 1919 ELECTRIC ROAD. SUITE I P. o. ~ox ~ooee '~.~ FLOANOK. E. VI FLClNIA ~'4018-0007 May 25, 1999 F'AX NO. 540- 7 '2'4-0~ I HAND-DELIVERED: Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE 215 Church Avenue, S.W. Room 456, Municipal Building Roanoke, VA 24011-1536 RE: Southwood of Roanoke Community, Inc. and Southwood of Roanoke Homeowners Association, Inc. Dear Mary: Enclosed please find the original Second Petition to Amend Proffers which now includes Southwood of Roanoke Homeowners Association, Inc. as a petitioner and includes eight additional adjoining property owners. With best personal regards, I am Very truly yours, OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. EAN/csb Enclosure pc: Edward A. Natt Martha Franklin, Secretary Roanoke City Planning Commission Room 162, Municipal Building 215 Church Street, S.W. Roanoke, VA 24011 HAND-DELIVERED MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk May 26, 1999 File #51 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 Second Amended Petition filed in the City Clerk's Office on May 25, 1999, from Edward A. Naif, Attorney, representing Southwood of Roanoke Community, Inc., and Southwood of Roanoke Homeowners Association, Inc., to amend proffers contained in Ordinance No. 32777-121895 as said proffers relate to a portion of six tracts of land containing 60.53 acres located between 1-581 and Franklin Road, S. W. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron & Agee, P. O. Box 20068, Roanoke, Virginia 24018-0007 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 ~TERHOUDT, FERGUSON, ~ATT. ANERON 'g AOEE ATTO R N EYG-AT-LAW ROANOKE, VIRGINIA 2401G-1&gg SECOND AMENDED PETITION TO AMEND PROFFERS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE= SOUTHWOOD OF ROANOKE COMMUNITY, INC. and SOUTHWOOD OF ROANOKE HOMEOWNERS ASSOCIATION, INC. Request of Southwood of Roanoke Community, Inc. and Southwood of Roanoke Homeowners Association, Inc., to amend Proffers contained in Ordinance No. 32777-121895 as said proffers relate to a portion of six tracts of land containing 60.53 acres located between 1-581 and Franklin Road in the City of Roanoke TO THE HONORABLE MAYORANDMEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE= The Petitioner, Southwood of Roanoke Community, Inc., owns land in the City of Roanoke containing 60.53 acres, more or less, comprised of 52.83 acres being identified as Tax Map Nos. 1290105 and 1290171 and a portion of Tax Ma9 No. 1290107, and zoned RPUD, Residential Planned Unit Development, subject to certain proffers, and 7.70 acres, being identified as Tax Map No. 1290108 and a portion of Tax Map No. 1290107, and zoned C-2, General Commercial District, subject to certain proffers. A map of the subject property is attached as Exhibit "1" and Exhibit The Petitioner, Southwood' of Roanoke Homeowners Association, Inc., is a Virginia corporation organized for the purpose of regulating and controlling the common areas and development within Southwood of Roanoke. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the Proffers heretofore adopted with said Ordinance be amended by the revision of Proffers No. 1 and No. 6 of Ordinance 32777-121895. The Petitioners believe that the amendment of the Proffers ~] STERHOUDT, IrERSUSON. NATT, AHEKDN & Ali££ ATTO RNEY~-AToLAW ROANOKE, VIRBINIA Z40111o16~Zg relating to said property will enable the development of the property in an appropriate manner. The Petitioners, therefore, petition the City Council to amend Ordinance No. 32777-121895 adopted December 18, 1995 to provide that the proffers shall read as follows: 1. That the property will be developed in substantial conformity with the Site Plan prepared by Lumsden and Associates, dated 10/11/95, a copy of which is attached hereto, with the exception of that property relating to the site plan proffered in connection with the Petition to Rezone filed by Southwood of Roanoke Community, Inc., seeking to rezone a 4.3 acre pOrtion of Tax Map No. 1290107 from C-2 to RPUD and develop said 4.3 acres in substantial conformity with the site plan entitled "Petition to Rezone Southwood of Roanoke Community, Inc." Said site plan entitled, "Petition to Rezone Southwood of Roanoke Community, Inc.," is hereby filed and proffered (Exhibit "3"), subject to any changes required by the City during site plan review. 2. No parallel on-street parking will be permitted on streets less than 30 feet in width serving residential units. 3. On-site signage will be limited to identification signage at the main entrance and identification and directional signage within the development. 4. Comprehensive development plans for each phase of development will be submitted to the Planning Commission of review and approval pursuant to Article V of the Zoning Ordinance. 2 ~STERHOUDT. FERGUSON~ NAT*r, AHERON & AREE ATTORNEYS-AT-LAW ROANOKE, VIRGINIA ~401B-1&gg 5. That the portion of the parcel identified as Official Tax No. 1290108 which is zoned C-2, General Commercial District, shall be used only for the purpose of operating a community center, general offices, fitness center, medical clinic, restaurant, hotel/motel/inn, or a group care facility subject to Section 36.1-560 of the Code of the City of Roanoke (1979), as amended. 6. Upon issuance of a Certificate of Occupancy for any use in development, access to the site neighborhood shall be limited to: a. emergency vehicles; b. construction traffic from the Roberts Road associated with the development; access to the existing occupied dwellings until these dwellings or residents are displaced by new construction. Attached as Exhibit "4" are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WF~REFOR~, the Petitioner requests that the above described amendment be approved in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this Z~'day of May, 1999. Respectfully submitted, SOUTHWOOD OF ROANOKE COMMUNITY, INC. and SOUTHWOOD OF ROANOKE HOMEOWNERS ASSOCIATION, INC. 3215 Kingsbury Lane Roanoke, VA 24014 SOUTHWOOD OF .ROANOKE COMMUNITY, INC. Sign~ure ~f Owner - -- Of Counsel SOUTHWOOD OF ROANOKE HOMEOWNERS ASSOCIATION, INC. ~~~~~~__President Z: \kIPSO\CAROI.\ZO# ! NG\St40002. PET: [ a f05/25/~9 EXHIBIT "1" '.7 EXHIBIT "3" Address of Subject Property: Applicant's Name: Franklin Road Roanoke,. Virginia Southwood of Roanoke Community, Inc. ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: Official Tax Number Owner's Name and Mailinq Address 1290102 Commonwealth of Virginia Franklin Road, S.W. Roanoke, VA 24014 1290103 Commonwealth of Virginia Franklin Road, S.W. Roanoke, VA 24014 1290110 Geroge R. and Betty M. Preas Suite 4D, 4370 Starkey Road, S.W. Roanoke, VA 24014 1290122 Commonwealth of Virginia Carl Road, S.W. Roanoke, VA 24014 1290126 Ronald and Judy Flint 3026 Roberts Road, S.W. Roanoke, VA 24014 1290129 Daniel W. Doss 7449 Fernway Drive Roanoke, VA 24018 1290136 Reva Dillion Jarba's Italian Gourmet 3121 Franklin Road, S.W. Roanoke, VA 24014 1290137 John P. Dilauro 4528 Williamson Road Roanoke, VA 24012 1290138 E1 Rodeo Associates E1 Toreo 3133 Franklin Road, S.W. Roanoke, VA 24014 1290133 1290134 1290135 5500113 5500114 Roanoke Associates c/o Gilbert E. Butler, Jr. Box 2152 Roanoke, VA 24009 1290313 Ashi K. and Christian Bjorn Venaas 1022 Gardens Road, S.W. Roanoke, VA 24014 1290314 Dorr M. and JoAnn O. Tucker 1016 Gardens Road, S.W. Roanoke, VA 24014 1290315 Lacy F. and Dicy M. Dudley 1012 Gardens (1014) Road, S.W. Greer Hill #1 Roanoke, VA 24014 1290316 Earl J. and Brenda S. Fisher 1002 Gardens Road, S.W. Roanoke, VA 24014 1300101 Betty F. Trinkle 120 Kirk Avenue, S.W. Roanoke, VA 24011 1300116 Glen C. and Marsha M. Combs 3627 Dogwood Lane, S.W. Roanoke, VA 24015 1300120 Visions, L.L.C. 3320 Franklin Road, S.W. Roanoke, VA 24014 1300413 Richard G. West c/o West Motor Sales 3130 Franklin Road, S.W. Roanoke, VA 24014 5500106 A. Wharton and Joan B. Ramsey 3501 Franklin Road, S.W. Roanoke, VA 24014 5500101 Akio Koeda 3503 Franklin Road, S.W. Roanoke, VA 24014 5500119 James L. and Lavina Gibbons Apt. 204, 6410 Rockledge Drive Bethesda, MD 20817 5501001 through 5501012 D&J Associates Roberts Road, S.W. Roanoke, VA 24014 P. O. Box 21096 Roanoke, VA 24018 5501014 through 5501033 D&J Associates Roberts Road, S.W. Roanoke, VA 24014 1090405 Hugh C. and Catherine B. Fisher 3318 Avenham Avenue, S.W. Roanoke, VA 24014 1090428 Joselina L. Rivera 569 Dillard Road, S.W. Roanoke, VA 24014 1090440 1090456 1090417 Agnes D. Hacke Etals 3422 Avenham Avenue, S.W. Roanoke, VA 24014 1090457 Hazel D. Richards c/o Hazel D. Wilson 3426 Aveham Avenue, S.W. Roanoke, VA 24014 1090418 Charles H. and Miriam L. Richards 3432 Avenham Avenue, S.W. Roanoke, VA 24014 1290142 David H. and Joan W. Noble 3309 Kingsbury Circle, S.W. Roanoke, VA 24014 1290157 Martha L. Martin 3358 Kingsburg Circle, S.W. Roanoke, VA 24014 1290165 Robert H. and Patricia C. Bennett 3326 Kingsbury Circle, S.W. Roanoke, VA 24014 1290166 D. Norris and Jane L. Ford 3322 Kingsburg Circle, S.W. Roanoke, VA 24014 1290167 James R. and Yvonne R. Cooksey 3318 Kingsburg Circle, S.W. Roanoke, VA 24014 1290168 Burr A. and Ann M. Murdock 3314 Kingsburg Oircle, S.W. Roanoke, VA 24014 1290169 1290170 Dennis R. and Elaine M. Cronk 3310 Kingsburg Circle, S.W. Roanoke, VA 24014 Chester F. Lang and Robert H. Walter 3306 Kingsburg Circle, S.W. Roanoke, VA 24014 Z: \%4PS0\CAROL\ZO# ! #G\$~,IOOD. APO: I, af05/ZS/99 LEGAL DESCRIPTION BEGINNING at a point on the northerly side of Kingsbury Lane (private street); thence 47° 25' 12" W. 45 feet to a point; thence N. 8° 42' 20" E. 155 feet to a point; thence N. 51° 12' 46" E. 280 feet to a point; thence N. 35° 37' 20" E. 305 feet to a point; thence S. 42° 56' 34" W. 353 feet to a point; thence S. 42° 56' 34" W. 360 feet to a point; thence N. 77° 07' 26" W. 116 feet to a point; thence N. 17° 47' 04" W. 20 feet to a point; thence S. 72° 12' 56" W. 44.1 feet to a point; thence with a curved line to the left having a chord bearing and distance of S. 49° 55' 04" W. 75.88 feet, an arc distance of 77.83 feet to a point; thence S. 27° 37' 11" W. 117.9 feet to a point; thence with a curved line to.the left having a chord bearing and distance of N. 80° 50' 08" W. 126 feet, an arc distance of 149.59 feet to the point and place of BEGINNING, and containing 4.3 acres, more or less. Z: \%,/PSO\CAI~OL\ZOH ! HG\$M:)OD. LGL: L af05/06/99 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 SANDRA H. EAKIN Deputy City Clerk July 9, 1999 File #51 Mr. and Mrs. Glen C. Combs Visions LLC Ms. Joselina L. Rivera Mr. and Mrs. Willard E. Hacke A. Wharton Ramsey Akio Koeda Mr. and Mrs. James L. Gibbons D & J Associates R. E. Hughes Roanoke Associates Commonwealth of Virginia Ms. Ellen L. Bolt Ms. Betty F. Tfinkle Mr. and Mrs. David Noble Mr. and Mrs. Robert Bennett Mr. and Mrs. James Cooksey Mr. and Mrs. Dennis Cronk Mr. Chester F. Lang Norfolk Southern Corporation Mr. and Mrs. Ronald Flint Mr. and Mrs. Mr. and Mrs. Mr. and Mrs. Ashli Venaas Dorr M. Tucker, Jr. Lacy F. Dudley Mr. and Mrs. Earl J. Fisher Tri Ngoc and Ruth Truong Mr. Brian R. Chocklett Mr. and Mrs. George R. Preas Ms. Reva Dillion Harbour E1 Rodeo Associates Mr. Richard G. West Southwood Roanoke Ms. Martha L. Martin Mr. and Mrs. D. Norris Ford Mr. and Mrs. Butt Murdock Mr. John P. Dilauro Mr. Robert H. Walter 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 Monday, July 19, 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 Southwood of Roanoke Community, Inc., and Southwood of Roanoke Homeowners Association, Inc., to amend proffers contained in Ordinance No. 32777-121895 as said proffers relate to a portion of six tracts of land containing 60.53 acres located between 1-581 and Franklin Road, S. W. If you would like to receive a copy of the City Planning Commission's report, please call the City Clerk's Office at 853-2541. July 9, 1999 Page 2 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 853-1230. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo The Roanoke Times Ad Number: 1188124 Publisher's Fee: $132.46 EDWARD A NATT, ATTORNEY PO BOX 20068 ROANOKE, VA 24018-0007 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: 07/01/99 FULL RUN - Thursday 07/01/99 FULL RUN - Thursday 07/08/99 FULL RUN - Thursday 07/08/99 FULL RUN - Thursday Witness, this 12th day of July 1999 Authorized Signature Hearln~ o~ Ido~lay, Ju~yo~l~, 1999, ~ 7.~0 p,m.,: Cham~r in the Municipul ~i~ 2~ ~ A~, S.W., on ~e quench of F~ ~, ~W., ~ ~- W ~ ~M T~ NM. 1290105, 1290107~ ~IM, ~171, ~ ~ M ~IW ~. 32777- ~95, ~ ~ ~, 1~5. 4~, M~M B~n& C ~ (~4) NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, July 19, 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 tracts of land containing 60.53-acres located between 1- 581 and Franklin Road, S.W., and designated as Official Tax Nos. 1290105, 1290107, 1290108, and 1290171, as set forth in Ordinance No. 32777-121895, adopted December 18, 1995. 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 1st day of July , 1999. Mary F. Parker, City Clerk. H3aNOTICELNAP-SOUTHWOOD 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 z 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk May 26, 1999 File #51 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 Second Amended Petition filed in the City Clerk's Office on May 25, 1999, from Edward A. Natt, ,Attorney, representing Southwood of Roanoke Community, Inc., and Southwood of Roanoke Homeowners Association, Inc., to amend proffers contained in Ordinance No. 32777-121895 as said proffers relate to a portion of six tracts of land containing 60.53 acres located between 1-581 and Franklin Road, S. W. Sincerely, Mary F. Parker, CMC/A,AE City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Edward ,A. Natt, Attorney, Osterhoudt, Ferguson, Natt, ,Aheron & ,Agee, P. O. Box 20068, Roanoke, Virginia 24018-0007 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 CHARLES H. OStERhOUDT MICHAEL S. FERGUSON EDWARD A. NATT MICHAEL J. AhERON G. STEVEN AGEE MARK D. KIDD KRISTEN KONRAD JOHNSTONE LA"~ OFFICES OSTER. HOUDT. FER. GUSON. N^TT. ^HEK©N ~ AGEE ^ PP--OFESSIONAL COP, PORATiON P. O. BOX 20068 .~ ~_/ · R. OANOKE. VII~GINIA 24018-0007 May 25, 1999 TELEPHONE 540-774'1197 FAX NO. 540-774'096 I HAND-DELIVERED: Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE 215 Church Avenue, S.W. Room 456, Municipal Building Roanoke, VA 24011-1536 RE: Southwood of Roanoke Community, Inc. and Southwood of Roanoke Homeowners Association, Inc. Dear Mary: Enclosed please find the original Second Petition to Amend Proffers which now includes Southwood of Roanoke Homeowners Association, Inc. as a petitioner and includes eight additional adjoining property owners. With best personal regards, I am Very truly yours, 0STERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. Edward A. Natt EAN/csb Enclosure pc: Martha Franklin, Secretary Roanoke City Planning Commission Room 162, Municipal Building 215 Church Street, S.W. Roanoke, VA 24011 HAND-DELIVERED ~STERHDUDT, FERGUSDN, NATT, AHERDN & AGEE ATTrl R N EYG-AT-LAW RDANQKE, VIRGINIA 24018o1699 SECOND AMENDED PETITION TO AMEND PROFFERS ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: SOUTHWOOD OF ROANOKE COMMUNITY, INC. and SOUTHWOOD OF ROANOKE HOHEOWNERS ASSOCIATION, INC. Request of Southwood of Roanoke Community, Inc. and Southwood of Roanoke Homeowners Association, Inc., to amend Proffers contained in Ordinance No. 32777-121895 as said proffers relate to a portion of six tracts of land containing 60.53 acres located between 1-581 and Franklin Road in the City of Roanoke TO THE HONORABLE MAYOR ANDMEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Southwood of Roanoke Community, Inc., owns land in the City of Roanoke containing 60.53 acres, more or less, comprised of 52.83 acres being identified as Tax Map Nos. 1290105 and 1290171 and a portion of Tax Map No. 1290107, and zoned RPUD, Residential Planned Unit Development, subject to certain proffers, and 7.70 acres, being identified as Tax Map No. 1290108 and a portion of Tax Map No. 1290107, and zoned C-2, General Commercial District, subject to certain proffers. A map of the subject property is attached as Exhibit "1" and Exhibit The Petitioner, Southwood of Roanoke Homeowners Association, Inc., is a Virginia corporation organized for the purpose of regulating and controlling the common areas and development within Southwood of Roanoke. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the Proffers heretofore adopted with said Ordinance be amended by the revision of Proffers No. 1 and No. 6 of Ordinance 32777-121895. The Petitioners believe that the amendment of the Proffers '~STERHO U DT, EERGUSDN, NATI', AHERDN & AGEE ATTD R N EYS-AToLAW ROANDKE~ VlRBINIA ~4DlB-1&99 relating to said property will enable the development of the property in an appropriate manner. The Petitioners, therefore, petition the City Council to amend Ordinance No. 32777-121895 adopted December 18, 1995 to provide that the proffers shall read as follows: 1. That the property will be developed in substantial conformity with the Site Plan prepared by Lumsden and Associates, dated 10/11/95, a copy of which is attached hereto, with the exception of that property relating to the site plan proffered in connection with the Petition to Rezone filed by Southwood of Roanoke Community, Inc., seeking to rezone a 4.3 acre portion of Tax Map No. 1290107 from C-2 to RPUD and develop said 4.3 acres in substantial conformity with the site plan entitled "Petition to Rezone Southwood of Roanoke Community, Inc." Said site plan entitled, "Petition to Rezone Southwood of Roanoke Community, Inc.," is hereby filed and proffered (Exhibit "3"), subject to any changes required by the City during site plan review. 2. No parallel on-street parking will be permitted on streets less than 30 feet in width serving residential units. 3. On-site signage will be limited to identification signage at the main entrance and identification and directional signage within the development. 4. Comprehensive development plans for each phase of development will be submitted to the Planning Commission of review and approval pursuant to Article V of the Zoning Ordinance. ~]STERHOU DT, F/RGUSDN, NATT, AHERON ,C AREE ATT n R N EYS -AT- LAW ROANOKE, VIRGINIA 24n18-1699 5. That the portion of the parcel identified as Official Tax No. 1290108 which is zoned C-2, General Commercial District, shall be used only for the purpose of operating a community center, general offices, fitness center, medical clinic, restaurant, hotel/motel/inn, or a group care facility subject to Section 36.1-560 of the Code of the City of Roanoke (1979), as amended. 6. Upon issuance of a Certificate of Occupancy for any use in development, access to the site neighborhood shall be limited to: a. emergency vehicles; b. construction traffic C o from the Roberts Road associated with the development; access to the existing occupied dwellings until these dwellings or residents are displaced by new construction. Attached as Exhibit "4" are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. W-~EREFORE, the Petitioner requests that the above described amendment be approved in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this Z~'day of May, 1999. Respectfully submitted, 3 FIGTERHDUDT, FtrRBUSDN, NATT, AHERDN & AGEE ATT O R N £YG 'AT' LA W RrtANDK£, VIRGINIA '~401B-1699 SO~OOD OF ROANOKE COMITY, INC. and SO~OOD OF ROANOKE HO~O~RS ASSOCIATION, INC. Of Counsel 3215 Kingsbury Lane Roanoke, VA 24014 SOUTHWOOD OF .ROANOKE COMMUNITY, INC. ~f~~. _,~-~',tW(2/ President Si'gn~ure ~f Owner- -- SOUTHWOOD OF ROANOKE HOMEOWNERS ASSOCIATION, INC. ~~~ President Z: \WPSO\CAROL\ZON I NG\SWOOO2.PET: L af05/25/99 EXHIBIT "1" ih. ;:' · . / / / / .,'l :; ''0 '0 ' EXHIBIT "2" ~-~ 0 0 0 EXHIBIT "3" Address of Subject Property: Applicant's Name: Franklin Road Roanoke, Virginia Southwood of Roanoke Community, Inc. ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: Official Tax Number Owner's Name and Mailinq Address 1290102 Commonwealth of Virginia Franklin Road, S.W. Roanoke, VA 24014 1290103 Commonwealth of Virginia Franklin Road, S.W. Roanoke, VA 24014 1290110 Geroge R. and Betty M. Preas Suite 4D, 4370 Starkey Road, S.W. Roanoke, VA 24014 1290122 Commonwealth of Virginia Carl Road, S.W. Roanoke, VA 24014 1290126 Ronald and Judy Flint 3026 Roberts Road, S.W. Roanoke, VA 24014 1290129 Daniel W. Doss 7449 Fernway Drive Roanoke, VA 24018 1290136 Reva Dillion Jarba's Italian Gourmet 3121 Franklin Road, S.W. Roanoke, VA 24014 1290137 John P. Dilauro 4528 Williamson Road Roanoke, VA 24012 1290138 E1 Rodeo Associates E1 Toreo 3133 Franklin Road, S.W. Roanoke, VA 24014 1290133 1290134 1290135 5500113 5500114 Roanoke Associates c/o Gilbert E. Butler, Jr. Box 2152 Roanoke, VA 24009 1290313 Ashi K. and Christian Bjorn Venaas 1022 Gardens Road, S.W. Roanoke, VA 24014 1290314 Dorr M. and JoAnn O. Tucker 1016 Gardens Road, S.W. Roanoke, VA 24014 1290315 Lacy F. and Dicy M. Dudley 1012 Gardens (1014) Road, S.W. Greer Hill #1 Roanoke, VA 24014 1290316 Earl J. and Brenda S. Fisher 1002 Gardens Road, S.W. Roanoke, VA 24014 1300101 Betty F. Trinkle 120 Kirk Avenue, S.W. Roanoke, VA 24011 1300116 Glen C. and Marsha M. Combs 3627 Dogwood Lane, S.W. Roanoke, VA 24015 1300120 Visions, L.L.C. 3320 Franklin Road, S.W. Roanoke, VA 24014 1300413 Richard G. West c/o West Motor Sales 3130 Franklin Road, S.W. Roanoke, VA 24014 5500106 A. Wharton and Joan B. Ramsey 3501 Franklin Road, S.W. Roanoke, VA 24014 5500101 Akio Koeda 3503 Franklin Road, S.W. Roanoke, VA 24014 5500119 James L. and Lavina Gibbons Apt. 204, 6410 Rockledge Drive Bethesda, MD 20817 5501001 through 5501012 5501014 through 5501033 1090405 D&J Associates Roberts Road, S.W. Roanoke, VA 24014 P. O. Box 21096 Roanoke, VA 24018 D&J Associates Roberts Road, S.W. Roanoke, VA 24014 Hugh C. and Catherine B. Fisher 3318 Avenham Avenue, S.W. Roanoke, VA 24014 1090428 Joselina L. Rivera 569 Dillard Road, S.W. Roanoke, VA 24014 1090440 1090456 1090417 Agnes D. Hacke Etals 3422 Avenham Avenue, S.W. Roanoke, VA 24014 1090457 Hazel D. Richards c/o Hazel D. Wilson 3426 Aveham Avenue, S.W. Roanoke, VA 24014 1090418 Charles H. and Miriam L. Richards 3432 Avenham Avenue, S.W. Roanoke, VA 24014 1290142 David H. and Joan W. Noble 3309 Kingsbury Circle, S.W. Roanoke, VA 24014 1290157 Martha L. Martin 3358 Kingsburg Circle, S.W. Roanoke, VA 24014 1290165 Robert H. and Patricia C. Bennett 3326 Kingsbury Circle, S.W. Roanoke, VA 24014 1290166 D. Norris and Jane L. Ford 3322 Kingsburg Circle, S.W. Roanoke, VA 24014 1290167 James R. and Yvonne R. Cooksey 3318 Kingsburg Circle, S.W. Roanoke, VA 24014 1290168 Burt A. and Ann M. Murdock 3314 Kingsburg Circle, S.W. Roanoke, VA 24014 1290169 1290170 Dennis R. and Elaine M. Cronk 3310 Kingsburg Circle, S.W. Roanoke, VA 24014 Chester F. Lang and Robert H. Walter 3306 Kingsburg Circle, S.W. Roanoke, VA 24014 Z: \WP50\CAROL\ZON I NG\SWOOD .APO: taf 05/25/99 LEGAL DESCRIPTION BEGINNING at a point on the northerly side of Kingsbury Lane (private street); thence 47° 25' 12" W. 45 feet to a point; thence N. 8° 42' 20" E. 155 feet to a point; thence N. 51° 12' 46" E. 280 feet to a point; thence N. 35° 37' 20" E. 305 feet to a point; thence S. 42° 56' 34" W. 353 feet to a point; thence S. 42° 56' 34" W. 360 feet to a point; thence N. 77° 07' 26" W. 116 feet to a point; thence-N. 17° 47' 04" W. 20 feet to a point; thence S. 72° 12' 56" W. 44.1 feet to a point; thence with a curved line to the left having a chord bearing and distance of S. 49° 55' 04" W. 75.88 feet, an arc distance of 77.83 feet to a point; thence S. 27° 37' 11" W. 117.9 feet to a point; thence with a curved line to the left having a chord bearing and distance of N. 80° 50' 08" W. 126 feet, an arc distance of 149.59 feet to the point and place of BEGINNING, and containing 4.3 acres, more or !ess. Z: \WP50\CAROL\ZON I NG\SW00D. LGL: laf 05/05/99 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: ':~.~ .. ': '~' ~: ' Request from Southwood of Roanoke Community, to amend conditions under ) Ord. No. 32777-121895, Tax Nos. 1290105, 107, 108, 131, 5500111, 112 )Affidavit 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 25th day of May, 1999, notices of a public hearing to be held on the 2nd day of June, 1999, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 1300116 Owner's Name Glen C. and Marsha M. Combs 1300120 Visions LLC 1090428 1090417 1090456 5500106 Joselina L. Rivera Willard E. and Agnes Hacke A. Wharton Ramsey 5500101 AkioKoeda 5500119 5501001 James L. and Lavina Gibbons D & J Associates 5500115 R.E. Hughes 5500113 5500114 1290135 1290134 1290103 1290122 Roanoke Associates cio Gilbert E. Butler, Jr. Roanoke Associates c/o Valley Management Inc. Commonwealth of VA Mailing Address 3627 Dogwood Lane, SW Roanoke, VA 24015 3320 Franklin Road, SW Roanoke, VA 24014 569 Dillard Road, SW Roanoke, VA 24014 3422AvenhamAvenue, SW Roanoke, VA24014 2429 Avenham Ave, Roanoke, VA 24014 3502 Franklin Road, Roanoke, VA 24014 Unit 2 SW 6410 Rockledge Dr, Apt. 204 Bethesda, MD 20034 P. O. Box 21096 Roanoke, VA24018 P. O. Drawer 2567 Greenville, SC 29602 P. O. Box 2152 Roanoke, VA24009 P. O. Box 5365 Roanoke, VA24012 215 Church Ave Room 250 Roanoke, VA 24011 1290129 1290313 1290314 1290315 1290316 1290322 1290126 1920110 1290136X 1290138 1290317 1300413 1300101 1290171 1290142 1290157 1290165 1290166 1290167 1290168 1290169 1290137 Norfolk Southern Corporation Attention: Property Division Ronald and Judy Flint Ashli and Christian Venaas Dorr M. Tucker, Jr. Joann O. Tucker Lacy F. and Dicy M. Dudley Earl J. and Brenda S. Fisher Tri Ngoc and Ruth Tmong Brian R. Chocklett George R. and Betty F. Preas Reva Dillion Harbour c/o Jarba's Italian Gourmet E1 Rodeo Associates c/o E1 Toreo Ellen L Bolt Richard G. West c/o West Motor Sales Betty F. Trinkle c/o C. W. Francis and Son Southwood Roanoke David and Joan W. Noble Martha L. Martin Robert and Patricia Bennett D. Norris and Jane L. Ford James and Yvonne Cooksey Burt and Ann Murdock Dennis and Elaine Cronk John P. Dilauro 110 Franklin Road, SE Roanoke, VA 24011 3026 Roberts Road, SW Roanoke, VA 24014 1022Gardens Road, Roanoke, VA24014 1016 Gardens Road, Roanoke, VA24014 4118Mudlick Road, Roanoke, VA24018 SW SW SW 3026 Roberts Road, SW Roanoke, VA 24019 4370 Starkey Rd, SW, Ste 4D Roanoke, VA 24014 3121 Franklin Road, SW Roanoke, VA 24014 3133 Franklin Road, SW Roanoke, VA 24014 1029 Gardens Road, SW Roanoke, VA 24104 3130 Franklin Road, SW Roanoke, VA 24014 120 Kirk Avenue, SW Roanoke, VA 24011 327 Hershberger Road, NW Roanoke, VA 24012 3309 Kingsbury Circle, SW Roanoke, VA 24014 P. O. Box 8476 Roanoke, VA 24014 3326 Kingsbury Circle, SW Roanoke, VA 24014 3322 Kingsbury Circle, SW Roanoke, VA 24018 3318 Kingsbury Circle, SW Roanoke, VA 24012 3314 Kingsbury Circle, SW Roanoke, VA 24014 3310 Kingsbury Circle, SW Roanoke, VA 24018 4528 Williamson Road Roanoke, VA 24012 1001 Gardens Road, SW Roanoke, VA 24014 1002 Gardens Road, SW Roanoke, VA 24014 1290170 Chester F. Lang Robert H. Walter 3306 Kingsbury Circle, SW Roanoke, VA 24014 M'artha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of May, 1999. -Notary Public f' ' My Commission expires: d~.,/J/. / f 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 May 10, 1999 SANDRA H. EAKIN Deputy City Clerk File #51 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 from Edward A. Natt, Attorney, representing Southwood of Roanoke Community, Inc., requesting an amendment to the proffered conditions contained in Ordinance No. 32777-121895 in connection with the rezoning of six tracts of land containing 60.53 acres located between 1-581 and Franklin Road, S. W., City of Roanoke. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron & Agee, P. O..Box 20068, Roanoke, Virginia 24018-0007 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 H:\REZONING.98~SOUTHWOO.WPD CHARLES H, OSTERHOUDT MICHAEL S. FEF~GUSON EOWARD A. NATT MICHAEL J. AHERON g. STEVEN AGEE MARK D. KIDD KR~STEN KONRAD JOHNSTONE LA'X/ OFFICES OSTERHOUDT, FER. CUSON, NATT, A PI~OFE$S]ONAL COI~.POR. ATION 1919 ELECTRIC ROAD, SUITE P. O. BOX 200g~ ~OANOLE. VIrGInIA 24018-0007 May 6, 1999 TELEPHONE 540-774-1197 FAX NO. 540-774-0961 H~ND-DELIVERED: Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE 215 Church Avenue, S.W. Room 456, Municipal Building Roanoke, VA 24011-1536 RE: Southwood of Roanoke Community, Inc. Dear Mary: Enclosed please find the original and one copy of a Petition to Amend Proffers and a Petition to Rezone which I would appreciate your filing. I am also enclosing my firm's check in the amount of $400.00 representing $50.00 filing fee for Petition to Amend Proffers and $350.00 filing fee for Petition to Rezone. Thanking you for your attention to this matter, I am Very truly yours, OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. Edward A. Natt EAN/c sb Enclosures pc: Mr. Ted Tucker Planning and Community Development CITY OF ROANOKE 215 Church Avenue, S.W. Room 456, Municipal Building Roanoke, VA 24011-1536 Mr. Jim Harvey Southwood of Roanoke Community, Inc. 3215 Kingsbury Lane Roanoke, VA 24014 RSTERHOUDT, FERGUSON~ NATT, AHERON & AGEE ATT O R N EYS -AT- LAW ROANOKE, VIRGINIA 2401G-1699 PETITION TO AMEND PROFFERS IN THE COUNCIL OF THE CITY OF RO-I~q'OKE~~ VIRI~IINIA IN RE: SOUTHWOOD OF ROANOKE COMMUNITY, INC. Request of Southwood of Roanoke Community, Inc., to amend Proffers contained in Ordinance No. 32777-121895 relating to six tracts of land containing 60.53 acres located between 1-581 and Franklin Road in the City of Roanoke TO THE HONORABLE MAYORANDMEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Southwood of Roanoke Community, Inc., owns land in the City of Roanoke containing 4.3 acres, more or less, being identified as Tax Map Nos. 1290105, 1290131, 5500111, 5500112, 1290107 and 1290108 being currently zoned Residential Planned Unit Development (RPUD). A map of the subject property is attached as Exhibit "1" Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the Proffers heretofore adopted with said Ordinance be amended by the revision of Proffer No. 6 relating to commercial uses on adjoining parcels zoned C-2; it being the intent of the Petitioner to rezone a portion of said C-2 parcel to RPUD for the development of six two-unit townhouses and a condominium building. The Petitioner believes that the amendment of the Proffers relating to said property will enable the development of the adjoining property in an appropriate manner. The Petitioner, therefore, petitions the City Council to amend Ordinance No. 32777-121895 adopted December 18, 1995 as follows: 1. That Proffer No. 6 be amended as follows: That the portion of the parcel identified as Official Tax No. 1290108 which is rezoned C-2, General Commercial District, shall be used only for the purpose of operating a community center, general offices, fitness center, medical clinic, restaurant, hotel/motel/inn, or a group care facility subject to Section 36.1-560 of the Code of the City of Roanoke (1979), as amended, and no Certificate of Occupancy shall be issued for such commercial uses unless, and until, building permits have been issued and construction has begun on the first phase of the residential units. 2. Ail other Proffers shall remain in force and effect. Attached as Exhibit "2" are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. W~EREFORE, the Petitioner requests that the above described amendment be approved in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ day of May, 1999. Respectfully submitted, SOUTR~NOOD OF ROANOKE COMMUNITY, INC. Of Counsel 3215 Kingsbury Lane Roanoke, VA 24014 II~OUTHWOOD~ OF/ ROANOKE COMMUNITY, (II Si0~atu-r~' 6f O~er NATT, AHrRON & A6£1r ATTO RN [YS-AT- LAW ROANDKEo VIRGINIA 7: \WPSO\CAROL\ZON ! NG\SI,~OD2. PET: I. a'POS/e6/99 24018-1>J INC. ident EXHIBIT "1" : %... ,,/ ; EXHIBIT "1" J EXHIBIT "2" Address of Subject Property: Applicant's Name: Franklin Road Roanoke, Virginia Southwood of Roanoke Community, Inc. ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: Official Tax Number 1290102 Owner's Name and Mailinq Address Commonwealth of Virginia Franklin Road, S.W. Roanoke, VA 24014 1290103 Commonwealth of Virginia Franklin Road, S.W. Roanoke, VA 24014 1290110 Geroge R. and Betty M. Preas Suite 4D, 4370 Starkey Road, S.W. Roanoke, VA 24014 1290122 Commonwealth of Virginia Carl Road, S.W. Roanoke, VA 24014 1290126 Ronald and Judy Flint 3026 Roberts Road, S.W. Roanoke, VA 24014 1290129 Daniel W. Doss 7449 Fernway Drive Roanoke, VA 24018 1290136 Reva Dillion Jarba's Italian Gourmet 3121 Franklin Road, S.W. Roanoke, VA 24014 1290137 John P. Dilauro 4528 Williamson Road Roanoke, VA 24012 1290138 E1 Rodeo Associates E1 Toreo 3133 Franklin Road, S.W. Roanoke, VA 24014 1290133 1290134 1290135 5500113 5500114 Roanoke Associates c/o Gilbert E. Butler, Jr. Box 2152 Roanoke, VA 24009 1290313 Ashi K. and Christian Bjorn Venaas 1022 Gardens Road, S.W. Roanoke, VA 24014 1290314 Dorr M. and JoAnn O. Tucker 1016 Gardens Road, S.W. Roanoke, VA 24014 1290315 Lacy F. and Dicy M. Dudley 1012 Gardens (1014) Road, S.W. Greer Hill #1 Roanoke, VA 24014 1290316 Earl J. and Brenda S. Fisher 1002 Gardens Road, S.W. Roanoke, VA 24014 1300101 Betty F. Trinkle 120 Kirk Avenue, S.W. Roanoke, VA 24011 1300116 Glen C. and Marsha M. Combs 3627 Dogwood Lane, S.W. Roanoke, VA 24015 1300120 Visions, L.L.C. 3320 Franklin Road, S.W. Roanoke, VA 24014 1300413 Richard G. West c/o West Motor Sales 3130 Franklin Road, S.W. Roanoke, VA 24014 5500106 A. Wharton and Joan B. Ramsey 3501 Franklin Road, S.W. Roanoke, VA 24014 5500101 Akio Koeda 3503 Franklin Road, S.W. Roanoke, VA 24014 5500119 James L. and Lavina Gibbons Apt. 204, 6410 Rockledge Drive Bethesda, MD 20817 5501001 through 5501012 5501014 through 5501033 1090405 1090428 1090440 1090456 1090417 1090457 1090418 D&J Associates Roberts Road, S.W. Roanoke, VA 24014 P. O. Box 21096 Roanoke, VA 24018 D&J Associates Roberts Road, S.W. Roanoke, VA 24014 Hugh C. and Catherine B. Fisher 3318 Avenham Avenue, S.W. Roanoke, VA 24014 Joselina L. Rivera 569 Dillard Road, S.W. Roanoke, VA 24014 Agnes D. Hacke Etals 3422 Avenham Avenue, S.W. Roanoke, VA 24014 Hazel D. Richards c/o Hazel D. Wilson 3426 Aveham Avenue, S.W. Roanoke, VA 24014 Charles H. and Miriam L. Richards 3432 Avenham Avenue, S.W. Roanoke, VA 24014 Z: \WP50\CAROL \ZON I NG\SWOOD .APO: L af05/06/99 The following is a deed description for area to be re-zoned RPUD, containing 52.83 acres. BEGINNING at a point common to said 52.83 acres herein described and said property of A. Wharton Ramsey and Joan B. Ramsey, as recorded in Deed Book 1615, Page 540; thence N 45° 39' 00" W, 942.65 feet along the line common to said Ramsey, property of Akio Koeda, as recorded in D.B. 1493, Page 940, property of James L. Gibbons and G. Lavina Gibbons, as recorded in Deed Book 1575, Page 1077, and property of D and J Associates, as recorded in Deed Book 1595, Page 1304 to a point in the north right-of-way line of a private road, referred as Roberts Road; thence N 44° 21' 10' E, 544.26 feet along said Roberts Road, to a point; thence N 46° 08' 08" W, 889.38 feet along the line common to property of Roanoke Associates as recorded in Deed Book 1355, Page 478, Deed Book 1389, Page 700, and Deed Book 1615, Page 1091 to a point; said point being on the southerly right-of-way line of the Southwest Expressway (U.S.Route 220); thence along said right-of-way for the following courses and distances; N 15° 31' 50" E, 128.68 feet to a point; thence 396.74 feet along the arc of a curve to the right, delta equals 16° 16' 42", radius equals 1396.42 to a point; thence N 54° 29' 48" E, 693.26 feet to a point, said point being common to the southerly right-of-way line of said Southwest Expressway and property of the Commonwealth of Virginia as recorded in Deed Book 1349, Page 245; thence S 46° 47' 47" E, 382.33 feet along the line common to said property of the Commonwealth of Virginia and property of Ronald Flint and Judy Flint as recorded in Deed Book 1726, Page 1 to a point; thence along the line common to said Flint property and along the general center of a private road the following courses and distances; N 36° 31' 43" E, 36.50 feet to a point; thence N 47° 56' 43" E, 100.00 feet to a point; thence N 72° 54' 43" E, 100.00 feet to a point; thence N 60° 40' 17" E, 80.00 feet to a point; thence S 55° 14' 17" E, 90.00 feet to a point; thence S 76° 01' 17" E, 20.93 feet to a point; thence leaving said centerline of the private road and along the line common to the area (7.70 acres) designated as Neighborhood Center to be zoned C- 2, the following courses and distances; S 25° 09' 34" W, 193.97 feet to a point; thence S 24° 14' 33" W, 86.60 feet to a point; thence $ 34° 41' 46" W, 157.75 feet to a point; thence S 36° 42' 38" W, 145.58 feet to a point; thence S 53° 47' 22" W, 75.99 feet to a point; thence S 53° 09' 48" W, 197.82 feet to a point; thence S 11° 24' 58" W, 154.37 feet to a point; thence S 49° 52' 00" E, 43.18 feet to a point; thence 161.56 feet along the arc of a curve to the right, delta = 121° 47' 47", radius = 76.00 feet to a point; thence 26.07 feet along the arc of a curve to the right, delta = 59° 45' 04", radius = 25.00 feet to a point; thence 24.91 feet along the arc of a curve to the left, delta = 03° 51' 16", radius = 370.29 feet to a point; thence N 33° 26' 26" E, 78.27 feet to a point; thence 99.24 feet along the arc of a curve to the right, delta = 51° 41' 29", radius = 110.00 feet to a point; thence 10.98 feet along the arc of a curve to the left, delta = 04° 15' 42", radius = 147.60 feet to a point; thence S 08° 45' 42" E, 21.42 feet to a point; thence S 78° 51' 47" E, 117.61 feet to a point; thence N 43° 12' 13" E, 356.46 feet to a point; thence S 46° 47' 47" E, 108.01 feet to a point, said point being common to property of John P. DiLauro as recorded in Deed Book 1574, Page 1956; thence S 46° 47' 47" E, 170.91 feet to a point on the north right-of-way line of Franklin Road (U. S. Route #220); thence along said Franklin Road the following courses and distances; S 30° 33' 41" W, 153.20 feet to a point; thence N 59° 26' 20" W, 25.00 feet to a point; thence $ 30° 33' 40" W, 340.00 feet to a point; thence S 26° 35' 40" W, 100.00 feet to a point; thence S 23° 30' 40" W, 118.00 feet to a point; thence S 20° 00' 40" W, 90.00 feet to a point; thence S 22° 20' 40" W, 132.00 feet to a point; thence S 25° 30' 40" W, 280.00 feet to a point; thence S 23° 05' 40" W, 325.00 feet to a point; thence S 33° 49' 05" W, 130.67 feet to a point; thence 23.35 feet along the arc of a curve to the right, delta = 00° 51' 54", radius = 1547.00 feet to a point; thence leaving said right-of-way of Franklin Road and along the line common to the aforesaid Ramsey property; N 49° 25' 23" W, 69.13 feet to a point; thence S 43° 18' 51" W, 135.00 feet to the Place of Beginning and containing 52.83 acres. MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 2, 1999 File #51 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron & Agee P. O. Box 20068 Roanoke, Virginia 24018-0007 Dear Mr. Natt: I am enclosing copy of Ordinance No. 34407-080299 rezoning approximately 4.3 acres of land located on the north side of Kingsbury Circle and approximately 170 feet west of Franklin Road, S. W., identified as Official Tax No. 1290107, from C-2, General Commercial District, to RPUD, Residential Planned Unit Development District, subject to proffers contained in the Second Amended Petition filed in the City Clerk's Office on June 8, 1999. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, July 19, 1999, also adopted by the Council on second reading on Monday, August 2, 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: Roanoke Associates, c/o Gilbert Butler, Jr., P. O. Box 2152, Roanoke, Virginia 24009 Roanoke Associates, c/o Valley Management, P. O. Box 5365, Roanoke, Virginia 24012 Mr. and Mrs. Ronald Flint, 3026 Roberts Road, S. W., Roanoke, Virginia 24014 Mr. John P. Dilauro, 4528 WilliamSon Road, N. VV., Roanoke, Virginia 24012 Friendship Manor, 327 Hershberger Road, N. VV., Roanoke, Virginia 24012 Edward A. Natt August 2, 1999 Page 2 pc: Southwood of Roanoke, 327 Hershberger Road, N. W., Roanoke, Virginia 24012 Ms. Betty F. Trinkle, c/o C. W. Francis and Son, 120 West Kirk Avenue, Roanoke, Virginia 24011 Mr. Richard G. West, c/o West Motor Sales, 3130 Franklin Road, S. W., Roanoke, Virginia 24012 Commonwealth of Virginia, c/o City of Roanoke Barbara N. Duerk, Chair, City Planning Commission, 2607 Rosalind Avenue, S. W., Roanoke, Virginia 24014 James D. Ritchie, Sr., Acting City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director, Real Estate Valuation Kit B. Kiser, Director, Utilities and Operations Robert K. Bengtson, Acting Director, Public Works Charles M. Huffine, City Engineer Ronald L. Smith, Acting Building Commissioner Evelyn S. Lander, Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator Edward R. Tucker, City Planner Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1999. No. 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. WHEREAS, Southwood of Roanoke Community, Inc., and Southwood of Roanoke Homeowners Association, Inc., have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-2, General Commercial District, to RPUD, Residential Planned Unit Development District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice t6 ail concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public heating 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 July 19, 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. 129 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That parcel of land containing 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), and designated on Sheet No. 129 of the Sectional 1976 Zone Map, City of Roanoke, as a portion of Official Tax No. 1290107, be, and is hereby rezoned from C-2, General Commercial District, to RPUD, Residential Planned Unit Development District, subject to the proffers contained in the Second Amended Petition filed in the Office of the City Clerk on June 8, 1999, and that Sheet No. 129 of the Zone Map be changed in this respect. ATTEST: City Clerk. H:\ORD-REZ\OR-SOUTHWOOD 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 July 19, 1999 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Rezoning of a parcel of land containing 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), designated as a portion of Tax No. 1290107, from C-2, General Commercial District, to RPUD, Residential Planned Unit Development, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: Parcel of land.(4.3 acres) as requested to be rezoned from C~2, General Commercial District, to RPUD, Residential Planned Unit Development District, is a part of a previous rezoning (60.53 acres) that was approved by City Council on December 18, 1995 (see attached Exhibit 1). B. Ordinance No. 32777-121895 included the following zoning amendments: 2. 3. 4. 5. 6. Official Tax No. 1290107 rezoned from Official Tax No. 1290105 rezoned from Official Tax No. 1290131 rezoned from Official Tax No. 5500112 rezoned from Official Tax No. 5500111 rezoned from Official Tax No. 1290108 rezoned from RM-2 to RPUD RM-2 to RPUD RM-2 to RPUD RM-2 and C-2 to RPUD RM-2 to RPUD RS-3 to RPUD and C-2 Property is located on the west side of Franklin Road, S.W., between the terminal points of the public streets, Duke of Glouchester and Roberts Road, S.W. Do Purpose of the initial rezoning was to permit the construction of a planned upscale residential planned unit development consisting of single family, detached homes, townhouses and condominiums, including a community center, general offices, fitness center, medical clinic, restaurants, hotel/motel/inn or group care facilities. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Members of the Council Page 2 Eo Development was proposed to be constructed in several phases based on market demand. The first phase was to include a public access street and the construction of 26 single family detached homes and 8 townhouses. Residential portion of the development as proposed at that time was to include 79 single family dwellings, 41 townhouses and 96 condominium units for a total of 241 residential dwelling units. II. Current Situation: Ao Amended application was reviewed by the Planning Commission at its regular meeting of June 2, 1999. Property_ as requested for rezoning from C-2, General Commercial District, to RPUD, Residential Planned Unit Development, is a part of the previous rezoning as approved by the City on December 18, 1995. Applicant is requesting to rezone the subject 4.3 acre portion of Official Tax No. 1290107 from C-2, General Commercial District, to RPUD, Residential Planned Unit Development District (see Map A). Applicant has agreed to proffer the following conditions: The property will be developed in substantial conformity with the site plan entitled "Petition To Rezone Southwood of Roanoke Community, Inc.", a copy of which is attached hereto as Exhibit "2", subject to any changes that may be required as part of development plan review. The development of the property shall be in substantial conformity with the rendering attached hereto and submitted herewith as a part of Exhibit "2". ° No parallel on-street parking will be permitted on streets less than 30 feet in width serving residential units. On-site signage will be limited to identification signage at the main entrance and identification and directional signage within the development. o Comprehensive development plans for each phase of development will be submitted to the Planning Commission for review and approval pursuant to Article V. of the Zoning Ordinance. That the portion of the parcel identified as Official Tax No. 1290108 which is zoned C-2, General Commercial District, shall be used only for the purpose of operating a community center, general offices, fitness center, medical clinic, restaurant, hotel/motel/inn, or a group care facility subject to Section 36.1-560 of the Code of the City of Roanoke (1979), as amended. Members of the Council Page 3 Upon issuance of a Certificate of Occupancy for any use in the development, access to the site from the Roberts Road neighborhood shall be limited to: emergency vehicles construction traffic associated with the development access to the existing occupied dwellings until these dwellings or residents are displaced by new construction. Do Site plan proffered as a part of the application indicates that the applicant intends to construct 6 additional 2-unit townhouses and additional condominiums which will partially surround a larger residential type building that will serve in part as a community center (see Exhibit 2). Application is a request to change the permitted uses on the property from a more intensive use to a less intensive use. III. Issues: A. Land use. B. Access and traffic. C. Screening/buffering. D. Drainage. E. Comprehensive plan. IV. Alternatives: Approve the applicant's Second Amended Petition to Rezone the subject 4.3 acre parcel from C-2, General Commercial District, to RPUD, Residential Planned Unit Development, subject to proffered conditions. 1. Land use: a. Property will be used for residential development. b. Community center is a permitted use in the RPUD district. Access and traffic: Additional residential development will have little, if any, affect on traffic projections as previously approved for this project. 3. Screening and buffering: Members of the Council Page 4 Mo a. Property was previously approved for general commercial uses. Residential uses will require less screening and/or buffering fi:om adjacent properties. b. Site is heavily wooded at its perimeter. 4. Drainage: Drainage has been approved previously for the overall project. Residential development will generate less storm water runoff than commercial development. 5. Comprehensive plan recommends the following: a. New large scale residential development should be encouraged in order to expand the City's population base and respond to the demand for a diversity in housing choices. b. Clustering of residential dwellings to promote attractive residential settings to preserve open space. Deny the applicant's request to rezone the subject 4.3 acre parcel of land. 1. Land use will be commercial. 2. Access and traffic will not be an issue. 3. Buffeting and screening will not be an issue. 4. Drainage will not be an issue. 5. Comprehensive plan would not be an issue. Recommendation: Planning Commission, by a vote of 6-0, (Mr. Butler absent) recommends that City Council approve the applicant's request to rezone the subject 4.3 acre parcel of land fi:om C-2, General Commercial District, to RPUD, Residential Planned Unit Development District, subject to certain conditions proffered by the petitioner and rescind Ord. No. 32777-121895. Respectfully submitted, Be Barbara N. Duerk, Chairman Roanoke City Planning Commission Members of the Council Page 5 ERT:mpf attachments cc: Assistant City Attorney Attorney for the Petitioner MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKI' Deputy City Clerk June 10, 1999 File #51 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 Second Amended Petition received in the City Clerk's Office on June 8, 1999, from Edward A. Naif, Attorney, representing Southwood of Roanoke Community, Inc., requesting that approximately 4.3 acres of land located on the north side of Kingsbury Circle and approximately 170 feet west of Franklin Road, S. W., identified as Official Tax No. 1290107, be rezoned from C-2, General Commercial District, to RPUD, Residential Planned Unit Development, 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 Edward A. Naif, Attorney, Osterhoudt, Ferguson, Naif, Aheron & Agee, P. O. Box 20068, Roanoke, Virginia 24018-0007 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 LA~I~ OFFICES OSTER. HOUDT. FER. GUSON, NATT, AHEI~ON ~'AGEE A PROFESSIONAL CORPORATION CNAI~LIr$ H. OSTEI~HOUDT Ig19 ELECTRIC ROAD. SUITE I IrOWARO A. NATT P.O. BOX 200G8 MICHAr/ U' AH~'RON R. OANOKE. VI RC..I N IA G. STrV£N AGEr .,.,aK O. ,~oo 24018-0007 KRISTEN KONRADJOHNSTON£ June 7, 1999 Mary Parker, City Clerk 456 Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Re: Southwood of Roanoke Community, Inc. Dear Ms. Parker: Enclosed please find the original Second Amended Petition to Rezone to be filed on behalf of the above referenced matter. If you should have any questions or need anything further, please do not hesitate to contact me. With best personal regards, I am, Very truly yours, Edward A. Natt EAN/laf Enclosure cc: Ms. Martha Franklin Mr. Jim Harvey RHOUnT, FERGUGGN, 'T, AHERDN & ABE[ fl*O R N EYSoAT-LAW 0ANDKE, VIRGINIA ~4nIB-1&g9 SECOND AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: SOUTHWOOD OF ROANOKE COMMUNITY, INC. Rezoning of a parcel of land containing 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), designated as a portion of Tax Map 1290107, from C-2 General Coa~ercial District, to RPUD, Residential Planned Unit Development, such zoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Virginia corporation, Southwood of Roanoke Community, Inc., a owner of land in the City of Roanoke containing 4.3 acres, more or less, being a portion of Tax Map No. 1290107, said tract currently zoned C-2, General Commercial District, hereby files this Second Amended Petition to Rezone. A map of the property to be rezoned is attached as Exhibit "1" Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from C-2, General Commercial District, to RPUD, Residential Planned Unit Development, subject to certain conditions set forth below The Petitioner believes the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will enable the use of a parcel of land located within an existing RPUD area for general RPUD purposes as similar adjoining properties are so utilized. The Petitioner hereby proffers and agrees that if the said ~.RHOUOT, FERGLIGDN, ~TT, AHERDN & AGEE AT'Tn R N £YR-AToLAW ROA#aKE, VIRGINIA 2401G-169g tract is rezoned as requested, the rezonin9 will be subject to, and that the Petitioner will abide by, the following conditions: The property will be developed in substantial conformity with the site plan entitled "Petition To Rezone Southwood of Roanoke Community, Inc.", a copy of which is attached hereto as Exhibit "2", subject to any changes that may be required as part of development plan review. The development of the property shall be in substantial conformity with the rendering attached hereto and submitted herewith as a part of Exhibit "2" No parallel on-street parking will be permitted on streets less than 30 feet in width serving residential units. o On-site signage will be limited to identification signage at the main entrance and identification and directional signage within the development. Comprehensive development plans for each phase of development will be submitted to the Planning Commission for review and approval pursuant to Article V. of the Zoning Ordinance. That the portion of the parcel identified as Official Tax No. 1290108 which is zoned C-2, General Commercial District, shall be used only for the purpose of operating a community center, general offices, fitness center, medical clinic, restaurant, hotel/motel/inn, or a group care facility subject to Section 36.1-560 of the Code of the City of Roanoke (1979), as amended. Upon issuance of a Certificate of Occupancy for any use in the development, access to the site from the Roberts Road neighborhood shall be limited to: C o emergency vehicles construction traffic associated with the development access to the existing occupied dwellings until these dwellings or residents are displaced by new construction. Attached as Exhibit "3" are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ day of June, 1999. SOUTHWOOD OF ROANOKE COMMUNITY, INC. Of Counsel 3215 Kingsbury Lane Roanoke, VA 24014 ~~ ~'~'/~.,.~ President t~r~ o~ Owne~ IST[RHDUOT, F£RGUGON. NATT. AHERDN & AGEE ATTO R N EYS -AT- LAW ROANOKE. VIRGINIA 24018-1699 Z: \b/PSO\CAROL \ZON ! NG\SgOOD3. PET: L -, f06/03/99 ii Exhibi _t / .? EXHIBIT "3" Address of Subject Property: Applicant's Name: Franklin Road Roanoke, Virginia Southwood of Roanoke Community, Inc. ADJOININ~ PROPERTY OWNE~ This list as follows are those property owners who own property beside, behind or across the street from the subject property noted abo~e: Official Tax Number Owner's Name and Mailing Addresm 1290102 Commonwealth of Virginia Franklin Road, S.W. Roanoke, VA 24014 1290103 Commonwealth of Virginia Franklin Road, S.W. Rcanoke, VA 24014 1290110 Geroge R. and Betty M. Preas Suite 4D, 4370 Starkey Road, S.W. Roanoke, VA 24014 1290122 Commonwealth of Virginia Carl Road, S.W. Roanoke, VA 24014 1290126 Ronald and Judy Flint 3026 Roberts Road, S.W. Roanoke, VA 24014 1290129 Daniel W. Doss 7449 Fernway Drive Roanoke, VA 24018 1290136 Reva Dillion Jarba's Italian Gourmet 3121 Franklin Road, S.W. Roanoke, VA 24014 1290137 John P. Dilauro 4528 Williamson Road Roanoke, VA 24012 1290138 E1 Rodeo Associates E1 Toreo 3133 Franklin Road, S.W. Roanoke, VA 24014 1290133 1290134 1290135 5500113 5500114 1290313 1290314 1290315 1290316 1300101 1300116 1300120 1300413 5500106 5500101 5500119 Roanoke Associates c/o Gilbert E. Butler, Jr. Box 2152 Roanoke, VA 24009 Ashi K. and Christian Bjorn Venaas 1022 Gardens Road, S.W. Roanoke, VA 24014 Dorr M. and JoAnn O. Tucker 1016 Gardens Road, $.W. Roanoke, VA 24014 Lacy F. and Dicy M. Dudley 1012 Gardens (1014) Road, S.W. Greer Hill #1 Roanoke, VA 24014 Earl J. and Brenda S. Fisher 1002 Gardens Road,-S.W. Roanoke, VA 24014 Betty F. Trinkle 120 Kirk Avenue, S.W. Roanoke, VA 24011 Glen C. and Marsha M. Combs 3627 Dogwood Lane, S.W. Roanoke, VA 24015 Visions, L.L.C. 3320 Franklin Road, S.W. Roanoke, VA 24014 Richard G. West c/o West Motor Sales 3130 Franklin Road, S.W. Roanoke, VA 24014 A. Wharton and Joan B. Ramsey 3501 Franklin Road, S.W. Roanoke, VA 24014 Akio Koeda 3503 Franklin Road, S.W. Roanoke, VA 24014 James L. and Lavina Gibbons Apt. 204, 6410 Rockledge Drive Bethesda, MD 20817 5501001 through 5501012 5501014 through 5501033 1090405 1090428 1090440 1090456 1090417 1090457 1090418 D&J Associates Roberts Road, S.W. Roanoke, VA 24014 P. O. Box 21096 Roanoke, VA 24018 D&J Associates Roberts Road, S.W. Roanoke, VA 24014 Hugh C. and Catherine B. Fisher 3318 Avenham Avenue, S.W. Roanoke, VA 24014 Joselina L. Rivera 569 Dillard Road, S.W. Roanoke, VA 24014 .Agnes D. Hacke Etals 3422 Avenham Avenue, S.W. Roanoke, VA 24014 Hazel D. Richards c/o Hazel D. Wilson 3426 Aveham Avenue, S.W. Roanoke, VA 24014 Charles H. and Miriam L. Richards 3432 Averuham Avenue, S.W. Roanoke, VA 24014 Z: \~:~50\CAROL \ZON ! #G\SI,/OGO .APO: I. a"f05/06/99 LEGAL DESCRIPTION BEGINNING at a point on the northerly side of Kingsbury Lane (private street); thence 47° 25' 12" W. 45 feet to a point; thence N. 8° 42' 20" E. 155 feet to a point; thence N. 51° 12' 46" E. 280 feet to a point; thence N. 35° 37' 20" E. 305 feet to a point; thence S. 42° 56' 34" W. 353 feet to a point; thence S. 42° 56' 34" W. 360 feet to a point; thence N. 77° 07' 26" W. 116 feet to a point; thence N. 17° 47' 04" W. 20 feet to a point; thence S. 72~ 12' 56" W. 44.1 feet to a point; thence with a cu~-ved line to the left having a chord bearing and distance of S. 49~ 55' 04" W. 75.88 feet, an arc distance of 77.83 feet to a point; thence S. 27° 37' 11" W. 117.9 feet to a point; thence with a curved line to the left having a chord bearing and distance of N. 80° 50' 08" W. 126 feet, an arc distance of 149.59 feet to the point and place of BEGINNING, and containing 4.3 acres, more or less. 7: \I,/PSO\CAROL \ZO# Z NG\SgOGD. LGL: t a f 05/06/99 !i \ ~a .! re-zoned in 1995 , / / - ~L,s.p A '1 F---lO JUN-03-1 ~j~ 14:~ P.04 iii[ "ltl TOTAl_ MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 9, 1999 File #51 Roanoke Associates Mr. and Mrs. Ronald Flint John P. Dilauro Friendship Manor Ms. Betty F. Trinkle Mr. Richard G. West 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 Monday, July 19, 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 Southwood of Roanoke Community, Inc., that approximately 4.3 acres of land located on the north side of Kingsbury Circle and approximately 170 feet west of Franklin Road, S. W., identified as Official Tax No. 1290107, be rezoned from C-2, General Commercial District, to RPUD, Residential Planned Unit Development, subject to certain conditions proffered by the petitioner. If you would like to receive a copy of the City Planning Commission's report, please call the City Clerk's Office at 853-2541. 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 853-1230. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Ad Number: 1188176 Publisher's Fee: $153.94 EDWARD A NATT, ATTORNEY PO BOX 20068 ROANOKE, VA 24018-0007 The Roanoke Times 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: 07/01/99 FULL RUN - Thursday 07/08/99 FULL RUN - Thursday 07/08/99 FULL RUN - Thursday Witness, this 12th day of July 1999 Authorized Signature TO WHOM ff MAY CONCERN: PUmmlt to the pmdlion, of Anise 141 of Chapter 3e.1, (1~79), a~ ammlded, 7:00 p,m,, In the ~ounell Chamber In tim Municipal IAdldln& 215 Church Avemm, k~ from C-2, Gene~ Commer. approximately 4.3 acrea, 220), and dea~dlmd a~ a pot. tlon of Official Tax No. 456, Municll~l OMMi~4g, All ~a~les In Interest may on tbe above dar- and be GM;N under my be~ thi~ ~t (1C~176) 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 Monday, July 19, 1999, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question ofrezoning from C-2, General Commercial District, to RPUD, Residential Planned Unit Development District, the following property: That parcel of land containing 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), and described as a portion of Official Tax No. 1290107, subject to certain proffered conditions. 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 ist day of auly ,' 1999. Mary F. Parker, City Clerk. H:\NOTICELNR-S OUTHWOOD TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Request from Southwood of Roanoke Community, portion of Tax No. 1290107) off of Franklin Road, S.W., be rezoned from C-2 to RPUD, conditional )Affidavit COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly swom, 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 24th day of May, 1999, notices of a public heating to be held on the 2nd day of June, 1999, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name 5500114 1290133 1290135 129O134 1290129 1290122 1290103 1290137 1290108 5500111 1290105 129014O 1290172 1290171 1300101 1300413 Roanoke Associates c/o Gilbert Butler, Jr. Roanoke Associates c/o Valley Management Ronald and Judy Flint Commonwealth of VA c/o City of Roanoke Norfolk Southern Corporation John P. Dilauro Friendship Manor Petitioner Southwood of Roanoke Betty F. Trinkle c/o C. W. Francis and Son Richard G. West c/o West Motor Sales Martha Pace Franklin Mailing Address P. O. Box 2152 Roanoke, VA24009 P. O. Box 5365 Roanoke, VA24012 3026 Roberts Road, SW Roanoke, VA24014 4528Williamson Road, Roanoke, VA24012 327 Hershberger Road Roanoke, VA24012 Same as Friendship Manor 120 Kirk Avenue, SW Roanoke, VA 24011 3130 Franklin Road, SW Roanoke, VA 24014 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day of May, 1999. -' I(~tary Pub~ My Commission expires: ~/ ¢D7]! MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk June 10, 1999 File #51 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 Second Amended Petition received in the City Clerk's Office on June 8, 1999, from Edward A. Naif, Attorney, representing Southwood of Roanoke Community, Inc., requesting that approximately 4.3 acres of land located on the north side of Kingsbury Circle and approximately 170 feet west of Franklin Road, S. W., identified as Official Tax No. 1290107, be rezoned from C-2, General Commercial District, to RPUD, Residential Planned Unit Development, 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 Edward A. Naif, Attorney, Osterhoudt, Ferguson, Naif, Aheron & Agee, P. O. Box 20068, Roanoke, Virginia 24018-0007 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 CHARLES H. OSTERHOUDT MICHAEL S. FERGUSON EDWARD A. NATT MICHAEL J. AHERON G. STEVEN AGEE MAR~( D. ~(IDD I~RISTEN KONRAD JOHNSTONE L^~./ OFFICES OSTER. HOUDT, FERGUSON, NATT, AHER. ON g AGEE ^ P~.OFESS~O~^, co~Po~^r,o~ ICglg ELECTR.'C R.O^D. SUITE I 'C~I P. O. BOX 20068 I~OANO KE. VI I~GINIA 24018-0007 June 7, 1999 FAX NO. 540'774'096 I Mary Parker, City Clerk 456 Municipal Bld9. 215 Church Avenue, SW Roanoke, VA 24011 Re: Southwood of Roanoke Community, Inc. Dear Ms. Parker: Enclosed please find the original Second Amended Petition to Rezone to be filed on behalf of the above referenced matter. If ~you should have any questions or need anythin9 further, please do not hesitate to contact me. With best personal regards, I am, Very truly yours, Edward A. Natt EAN/laf Enclosure cc: Ms. Martha Franklin Mr. Jim Harvey 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 ~- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk May 20,1999 File #51 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 First Amended Petition from Edward A. Natt, Attorney, representing Southwood of Roanoke Community, Inc., requesting that approximately 4.3 acres of land located on the north side of Kingsbury Circle and approximately 170 feet west of Franklin Road, S. W., identified as Official Tax No. 1290107, be rezoned from C-2, General Commercial District, to RPUD, Residential Planned Unit Development, subject to certain conditions proffered by the petitioner. Sincerely, City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron & Agee, P. O. Box 20068, Roanoke, Virginia 24018-0007 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' MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 2, 1999 File #51 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Ordinance No. 34408-080299 rezoning a 56-acre tract of land lying at the end of Read Mountain Road, N. E., identified as Official Tax No. 7320101, from PA, Residential Agricultural District, to LM, Light Manufacturing District, subject to proffers contained in a petition filed in the City Clerk's Office on May 7, 1999. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, July 19, 1999, also adopted by the Council on second reading on Monday, August 2, 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: Mr. and Mrs. Albert Snider, 1723 Read Mountain Road, N. E., Roanoke, Virginia 24019 Ms. Lorraine Lancaster, Valley Lands, Inc., P. O. Box 32488, Charlotte, North Carolina 28232 Blue Hills Golf Corp., P. O. Box 5242, Roanoke, Virginia 24012 Mr. and Mrs. Charles Duncan, 1682 Monterey Road, N. E., Roanoke, Virginia 24019 City of Roanoke, P. O. Box 6359, Roanoke, Virginia 24017 Mr. James A. Wertz, 1840 Read Mountain Road, N. E., Roanoke, Virginia 24019 Mr. James A. Wertz, 1852 Read Mountain Road, N. E., Roanoke, Virginia 24019 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 July 19, 1999 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: II. Subject: Request from City of Roanoke to rezone a tract of land lying at the end of Read Mountain Road, N.E., designated as Official City Tax Number 7320101, from RA, Residential Agricultural District to LM, Light Manufacturing District, such rezoning to be subject to certain conditions. Background: mo Roanoke Centre for Industry_ and Technology (RCtT) was established in 1983 to encourage quality industrial development in the City of Roanoke. The Centre now includes approximately 440 acres and houses approximately 8 industries. The property designated as Official Tax Number 7320101 (also known as the Oppenheimer Property) is adjacent to RCIT and is under contract by the City of Roanoke. Co Rezoning request for the subject property_ was filed on May 6, 1999 for the purposes of expanding RCIT. The following condition is proffered as part of the rezoning petition: "The subject property will be developed in accordance with the Restrictive Covenants for RCIT attached as Exhibit B, and in substantial conformity with the site plan dated March 2, 1999, attached as Exhibit C." Do Planning Commission public hearing was held on June 2, 1999. Mr. Phil Sparks, the City's Chief of Economic Development, presented the request for rezoning and discussed the industrial development in the Center and the proposed expansion. He indicated that the development plan was conceptual and may change with future business clients. Mr. Bruce Carr of Old Monterey Golf Course was present and asked about drainage considerations in the future. No one spoke in opposition to the request. Issues: A. Zoning of the subject property is RA, Residential Agriculture. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Members of Council Page 2 Bo Land use of the property is wooded, vacant land. The topography of the subject parcel varies and is steeply sloped. It is staff's understanding that there is no immediate industrial client. Co Utilities are not presently available on the property_, but could be extended from RCIT. A public utility easement presently exists on the perimeter of the property. Access to the property is to be from RCIT, as per the proffered development plan. No access is proposed from Read Mountain Road. Eo Development Plan is a proffered condition of the rezoning, as are restrictive covenants that deal with the types of uses, development plans requirements (including architectural standards), setbacks, landscaping, parking, signs, outdoor storage, and other applicable items. Neighborhood adjacent to the subject property would be buffered from proposed development by natural vegetation. Wildwood Civic League is the neighborhood organization for this area and has been notified of this pending rezoning request. Staffwas contacted by the president, Roy Stroop, and we advised him that the City's Economic Development Chief had been meeting with adjoining property owners and that he would be pleased to meet with any other residents who had questions or concerns. G. Comprehensive Plan recommends that: Commercial, industrial and residential growth should be encouraged through public and private actions to ensure a strong and diversified economic base and employment opportunities for all of Roanoke's citizens. ° Development of new or existing commercial and industrial areas in the ci_ty should be carefully planned and designed to promote quality development and good land use. Neighborhood character and environmental quali _ty should be protected. Possible changes in land use or new public and private development in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. III. Alternatives: A. Ci_ty Council approve the rezoning request. Zoning is changed from RA, Residential Agriculture to LM, Light Manufacturing with proffered conditions. Members of Council Page 3 o Bo IV. Land use and development must be consistent with the proffered development plan, restrictive covenants and with the adopted Ci _ty's zoning, subdivision and other applicable regulations. Utilities would have to be extended to sites as they are developed. Access would be from RCIT. Development plan is a proffered condition of the rezoning. Development would have to be in substantial compliance with the proffered plan. Additional review of architectural details and site layout for any new development would be conducted by the Ci_ty in the future for new industrial clients. Neighborhood would be buffered by natural vegetation to be retained along the perimeter of the property_, as per the development plan. 7. Comprehensive Plan would be followed. City Council deny rezoning request. 1. Zoning would remain RA, Residential Agriculture. Land use would be limited to those uses permitted in the RA zone. These include single family homes, agricultural operations, manufactured homes among other uses. The minimum lot area in the RA district is 40,000 square feet. Approximately 60 new houses could be permitted on the 56 acre parcel. 3. Utilities would have to be extended to the property. 4. Access would be from Read Mountain Road or other residential street in the area. 5. Development plan is not known. 6. Neighborhood effects are not known. 7. Comprehensive Plan could be followed. Recommendation: The Planning Commission, by a vote of 6-0 (Mr. Butler absent) recommended approval of the rezoning request. The Roanoke Centre for Industry and Technology has been an asset to economic development for the City of Roanoke. Expansion of RCIT can provide additional economic benefits to the City and its citizens and more opportunities to develop quality Members of Council Page 4 industrial businesses. The proffered condition of the rezoning proposes a preliminary development plan for future tenants and sets forth adopted restrictive covenants for the Centre. As tenants emerge, additional review of development layout and architectural issues will be studied further by the City. Barbara N. Duerk, Chairman Roanoke City Planning Commission ESL attachments cc: Assistant City Attorney Economic Development Specialist IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGIN'IA Rezoning of a tract of land lying at the end of Read Mountain Road NE, designated as Official City Tax Number 7320101, from RA, Residential Agricultural District to LM, Light Manufacturing District, such rezoaing to be subject to certain conditions. TO THE HONORABLE MAYOR .,-LND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE The Petitioner, the City of Roanoke, has obtained an option on land in the City of Roanoke containing 56 acres, more or less, located on the end of Read Mountain Road, NE. Said tract is currently zoned RA, Residential Agricultural. A map of the property to be rezoned 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 rezoned from PA, Residential Agricultural District, to LM, Light Manufacturing District, subject to certain conditions set forth below, for the purpose of industrial development. The Petitioner believes the rezoning 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 further economic development oppommities within the City by extending the boundries of the Roanoke Centre for Industry and Technology and offering vacant land to new industry. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, the rezonmg will be subject to the following proffered condition: 1. The subject property will be developed in accordance with the Restrictive Covenants for RCIT attached as Exhibit B, and in substantial conformity with the site plan dated March 2, 1999, attached as Exhibit C. Attached as Exhibit D are the names, addresses and tax numbers of the owner or owners of ali lots or property immediately adjacent to, immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above4escribed tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this sixth day of May, 1999. Respectfully submitted, By: EXHIBIT B DEED OF RESTRICTION ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY The City of Roanoke, Virginia (hereinafter the City), a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, as attested by the undersigned signature of its Mayor, does of its own free will impose the following restrictive covenants upon any and all sites and lots located within the Roanoke Centre for Industry and Technology (hereinafter the Centre), such sites and lots now owned by the City, and being more particularly described and shown on the Subdivision of the Roanoke Centre for Industry and Technology, prepared by Guffey, Hubbel, McGhee, P.C., such plat having been recorded on December 6, 1983, in Plat Book 1, pages 338, 339, 340 and 341, in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, and as shown on the plat of survey showing a 145.755 acre tract conveyed to the City by deed recorded September 30, 1983, which plat is recorded in Deed Book 1493, page 833, in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. The following restrictive covenants are hereby created, declared and established, and made for and in consideration of the mutual covenants existing or hereinafter to exist by and between the City and the grantee or grantees of any site or lot lying within the boundaries of the Centre, and are made with the express intent of ensuring the orderly development of the Centre and ensuring that new site development is harmonious with existing development, the environment, and the Master Plan for the Centre. 1. Permitted _~rincipal uses and ~lnJcture~. Those principal uses and structures permitted by the zoning district regulations applicable to the Centre property will be permitted. The City, however, expressly reserves the right to limit or restrict the use of a particular site or lot or particular sites or lots. The City also expressly reserves the right to request the recommendation of the City of Roanoke Economic Development Commission as to the appropriateness of a proposed principal use or structure. 2. ]~l~;~_~. No use of any site, lot or building shall be made which, in the opinion of the City, causes or creates, or is likely to cause or create, a hazard or nuisance to adjacent properties, or which would violate the zoning performance standards of the City. 3. Ap0roval of site develo0ment pl~nn. Before commencing development. involving a new structure, building or use, or involving an addition, alteration or change to an existing structure, building or use on or to any site or lot in the Centre, the property owner shall first submit site development plans to the City for review in accordance with the City's site plan review zoning regulations, and any additional provisions set out herein if such additional provisions are in addition to or more stringent than those in the zoning site plan review regulations in effect at the time of the proposed development. 4. Procedure for site development plan r~vi¢-..-'. (a) Three (3) copies.of all required site development plans shall be submitted to the City, which shall have up to fourteen (14) days to review the plans and to notify the applicant of the action taken with respect to the plan, which may include approval, approval subject to conditions, or disapproval. In case of conditional approval, the applicant shall make the necessary changes and submit three (3) copies of the revised site plan for approval. (b) An approved site development plan shall expire and be null and void unless a building permit for the construction of substantial elements of the site plan has been issued within a period of one year after approval. (c) If it becomes necessary for an approved site development plan to be changed, such change may be made with the approval of the City. 5. Requited site plan de~'eloDment plan ¢onten~. Sim development plans shall include the following: all drawings shall be drawn to a scale of not less than one inch equalling one hundred (lO0) feet: (a) A plat of the property to be developed, showing the dimensions and shape of the property, required setback lines, the exact sizes, location and height of all existing structures (including signs, fences and walls) and buildings, and of ail proposed structures (including signs, fences and walls) and buildings, or additions or alterations to existing structures (including signs, fences and walls) and buildings, including any additions, alterations, or expansions for which plans have been made, but are not expected to be implemented immediately. Co) The topography of the area to be developed, with contour intervals of five (:5) feet or less, showing existing physical features, including all existing trees of six (6) inches or greater in caliper, and all watercourses. (c) An architectural plan, indicating proposed elevations, building materials, building covers and signage. (d) The location and size of all existing and proposed streets, alleys, sidewalks, pedestrian ways, curbs and curb cuts, gutters, parking and loading areas (indicating the number of parking spaces), open space, and outdoor storage areas that are 4 within the site to be developed. (e) The location and size of all existing and proposed sanitary and storm sewers and culverts, and water, gas, telephone, electric and other utility lines that are within or which serve the site to be developed. Easements existing or proposed for such installations shall be shown. (f) The location, height, type and material of ali plantings, landscaping, screening, walls, fences, signs, outdoor lighting systems, required or otherwise. (g) The nature and manner of any and all excavations and grading proposed for the site, including fill, compaction, and slope planting and treatment. (h) The location of all dumpsters or other outdoor trash receptacles. (i) A tabulation of the total square footage of the property to be developed, showing what percentage and number of square feet is proposed to be devoted to uses, including off street parking or loading areas, open or landscaped areas and other major uses. (j) For all developments: 1) The specific use to which each building or structure will be put, the square footage of floor area to be put to each such use, and the estimated number of employees who will work therein, and the shifts they will work. 2) The type of wastes or by-products, if any, to be generated and the proposed method of disposal of such. 3) Any other information required by the City in order to determine the impact of a particular use and its conformity with the City's zoning performance standards. (k) Where erosion and sediment controls for the development are required by the provisions of the Code of the City of Roanoke (1979), as amended, an erosion and sediment control plan as required by the Code shall be filed concurrently with the site plan and the other requirements of the Code shall be complied with. 6. Development standardn, All structures, buildings and improvements within the Centre shall be constructed and maintained in conformance with the following standards, unless the City approves a specific exception, in writing. (a) General standards. All development shall be in conformance with the building, zoning, subdivision, property maintenance and other ordinances and regulations of the City, unless appropriate variances have been granted. (b) i~. Multiple structures, including accessory building, planned for one lot or site shall be designed in a unified architectural style and be unified spatially. (c) ~5..g. llllt~. No building or structure shall be erected nearer than seventy-five (75) feet from the right-of-way of a primary road in the Centre (a primary road being a public right-of-way sixty (60) feet or more in width), or nearer than fifty (50) feet from a secondary road or street, or nearer than thirty (30) feet from any side or rear boundary line of the lot or site. The areas between the property and building lines are to be used only for landscaping, lawns, walks, driveways and approved identification signs. No off-street parking shall be permitted within these areas, except with the written permission of the City. (d) I,~L~. All sites and lots shall be landscaped between all property and building lines within ninety (90) days of completion of construction or as weather permits. Landscaping may include lawns, trees and shrubs. All landscaping must be approved by the City as being in conformance with the Master Plan for the Centre. If landscaping materials are destroyed or die, they shall be replaced as soon as practicable during the next suitable planting season. (e) Site coverage ratiQ. To insure the attractiveness of the Centre and to provide for adequate space for off-street parking, buildings, structures and parking areas shall not cover more than sixty percent (60%) of the site or lot. (f) Construction s~ndards. All buildings, structures and improvements shall be constructed and maintained in accordance with the following standards, unless an exception is approved in writing by the City: 1) No wood frame structures will be permitted. 2) Exterior walls of all structures and buildings shall be finished with brick, tilt-up concrete, concrete panels, or their equivalent. Exterior metal walls are permitted, subject to approval of the City, but such metal walls shall not be installed on sides of structures or buildings facing primary or secondary roads within the Centre except when used in an architecturally suitable manner in conjunction with other approved materials. 3) The color of all exterior walls, including those that are resuffaced or repainted, must be approved by the City. (g) Parking and storage of motor vehicles and equipment. Owners of property within the Centre shall not permit their employees or tenants to park on public streets within the Centre except within spaces duly designated by the City for parking. Property owners must provide suitable concrete, asphalt, bituminous or similarly surfaced off-street parking spaces and driveways in conformance with the zoning regulations of the City. To enhance the appearance of the Centre, whenever possible parking and service areas shall be located on those sides of each building which do not front on a street. (h) ~. No loading docks or areas shall be constructed or located fronting on any street or proposed street, or within any required setback areas. (i) !~..qI,,Si~l.~~. No new materials, supplies, waste or rubbish shall be stored in any area except inside an enclosed building, unless screened by a wall, or other appropriate screen six (6) feet in height or rising two (2) feet above the stored material, . Storage of products produced on the site shall conform to the City's whichever is higher. zoning regulations. (J) Erosion control, ~xliment control and storm drain fa¢iliti¢8. Erosion and sediment controls shall be installed as required by the Code of the City of Roanoke (1979), as amended. Each owner shall be required to provide adequate drainage facilities, including on-site ponds and/or controls of storm water runoff resulting from precipitation. The amount of ponding and/or controls shall be at least sufficient to accommodate the estimated change in rate of storm water runoff for the ten (10) year storm resulting from the placement of buddings and parking areas, and shall be discharged in a manner consistent with commonly accepted engineering practices. (lc) ~..~. Plans and specifications for the construction, installation, alteration, and illumination of all outdoor signs must be approved in writing by the City. The City reserves the right to limit the number and size of signs within the Centre. Signs shall identify only the corporate name, trademark and/or trade name of the owner, and shall not otherwise be used for advertising purposes. (1) Drains and Sewer,~. All connections of drains and sewers with the public sewers of the City shall be made in accordance with the provisions of Chapter 26, Sewers and Sewerage Di _spo~i, of the Code of the City of Roanoke (1979), as amended. (m) Telephone and electrical service. All secondary telephone and electrical service lines shall be underground between the primary lines and the structures or buildings erected on any site developed within the Centre. 7. M. ttilll.qll~!l.n~. The owner, lessee or occupant of any lot or site will be responsible for the maintenance and clean and safe condition of the land, buildings, landscaping, exterior lighting, parking areas and all other improvements, including prompt removal of all trash, lawnmowing, tree and plant trimmings. During construction it shall be the responsibility of each land owner to ensure that public streets and construction sites are kept free of unsightly accumulations of rubbish and scrap materials, and that construction materials, trailers, and the like are kept in a neat and orderly manner. In the event any owner, lessee, or occupant fails to comply with any of its responsibilities for property maintenance, then the City shall have the right, privilege and license to enter upon the premises and take any and all measures necessary to maintain the property to meet the standards set out herein, and to charge the owner of the property for the expenses incurred in so doing. 9 8. Option to repurchase in event of no constructio,,. If after the expiration of three (3) years from the date of purchase of the property in the Centre from the City, the then record property owner shall not have begun in good faith the actual construction of a building acceptable to the City upon the property, then, in that event, the City shall have the right and option to refund to said record property owner the amount of the original purchase price paid to the City for the property; whereupon, the said record property owner shall forthwith convey the property back to the City. In the event that the record property owner for any rea.son fails or refuses to convey title back to the City as required herein, then, in that event, the City shall have the right to enter into and take possession of said property, along with all rights and causes of action necessary to have title to the property conveyed back to the City. 9. Ootion to pur~ha..se. In the event that any owner of unimproved property in the Centre or any portion thereof shall desire to sell all or a portion thereof in accordance with the terms of these Restrictive Covenants, the City shall have the first right and option to purchase said property at the same purchase price paid to the City by the original purchaser. Prior to such sale, the property owner shall notify the City by registered or certified mail of its intentions to sell the property or any portion thereof. Said notice shall describe the exact parcel intended to be sold. The City shall have sixty (60) days from receipt of said notice in which to exercise the option. Settlement shall take place within sixty (60) days after such exercise. 10. W_.tl.Cl:afil]~. In the event that the City exercises any of its rights specified in paragraphs 8 and 9 hereof to reacquire the property, the then record property owner shall l0 convey the property to the City by General Warranty deed with English Covenants of Title, free and clear of liens and encumbrances. 11. Enforcement. Each of the foregoing Restrictive Covenants shall run with the land and a breach of any one of them may be enjoined, abated or remedied by the City or the grantee or grantees of any site or lot lying within the Centre, their successors or assignees, by such remedies as are provided for in law or in equity. It is understood, however, that the breach of any of the foregoing Restrictive Covenants shall not defeat or render invalid the lien of any mortgage on the property made in good faith and for value and shall not prevent the foreclosure sale of the property or any part thereof, provided, however, that each and all of the foregoing Restrictive Covenants shall at all times remain in full force and effect against the property, or any part thereof, title to which is obtained by foreclosure or any mortgage or other lien. 12. Subdivisions and le_a~,~n. No owner of property in the Centre shall subdivide such property except in accordance with the subdivision regulations of the City, and with the written consent of the City. No purchaser from the City of property in the Centre shall lease such property without the prior written consent of the City, which shall not be unreasonably withheld. 13. Aillg.!itilllrd~. Except as herein provided, each of the foregoing Restrictive Covenants may as to all persons and property be waived, released, rescinded, modified, altered or amended by the City at the request of and with the consent of the owners or lessees from the City of property for terms of five (5) years or more of more than fifty percent (50%), in area, of the lots or sites within the Centre which have been sold by the City for development. 14. Invalidity of provisions, Should any proceedings at law or in equity decree that any one or part of any one of the foregoing Restrictive Covenants be declared invalid, the same will not invalidate all or any pan of the remaining covenants. 15. ~. These Restrictive Covenants are made covenants running with the land and shall be binding on all lot owners, their heirs, devisees or assigns for a period of ten (I0) years from the date hereof, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument, signed by the then owners of two-thirds of the area of the lots or sites within the Centre, exclusive of public fights-of-way, has been recorded agreeing to change said covenants in whole or in part. Il EXECUTED at Roanoke, Virginia, this 6th day of December, 1983, as authorized by Ordinance No. 26794, adopted by the Council of the City of Roanoke on December 1983. Map Book 1495, Page 1809. EXHIBIT D TAX MAP 7320101 7380111 7310111 7340101 7320102 7320103 3904160 3904161 OWNER NAME(S) BOXLEY, EMMA REED % MRS ST JULIAN OPPENHEIMER OW3~ER ADDRESS 1219 ROTHESAY RICHMOND, VA SNIDER, ALBERT G 1723 READ MOUNTAIN RD SNIDER, OPAL WOOD ROANOKE, VA DUNCAN, CHARLES C JR DUNCAN, JEANNE T VALLEY LANDS INC A3-rN LORRAINE LANCASTER CITY OF ROANOKE CITY OF ROANOKE JAMES A WERTS JAMES A WERTS 1682 MONTEREY RD ROANOKE, VA P O BOX 32488 CHARLO'I-I'E, NC P O BOX 6359 ROANOKE, VA P O BOX 6359 ROANOKE, VA 1840 READ MOUNTAIN RD ROANOKE, VA 1852 READ MOUNTAIN RD ROANOKE, VA NE NE 23221 24019 24019 28232 24017 24017 24019' 24019 Linda - 1 u&'£x OF ROANOKE OFFICE 'OF-REAL ESTATE VALUATION PROPERTY ADDRESS 56.00 ACRES TAk MAP NO. 7320101 LEGAL DESCRIPTION *** OWNER NAME (S) *** BOXLEY, EMMA REED % MRS ST JULIAN OPPENRIMER READ RD NE TINKER CREEK *** OWNER ADDRESS *** 1219 ROTHESAY CIRCLE RICHMOND, VA PAGE i 23221 ******************** MISCELLANEOUS INFORMATION ********************* PROP. CLASS VACANT LAND ZONING PICTURE NBHD. NO. LAND USE DEED BOOK LOT AREA SQ. FT. 2439360 RA DEED PAGE LOT AVERAGE WIDTH NO TOTAL AREA LOT AVERAGE DEPTH 730 PERIMETER YEAR BUILT 911 STATE LAND USE 501 TAX STATUS TAXABLE DO YOU WISH TO CONTINUE (Y/N)? l\ MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 9, 1999 File #51 Mr. and Mrs. Albert Snider Mr. and Mrs. Charles Duncan Valley Lands, Inc. City of Roanoke Blue Hills Golf Corp. Mr. James A. Werts 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 Monday, July 19, 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 the City of Roanoke that a tract of land located at the end of Read Mountain Road, N. E., identified as Official Tax No. 7320101, be rezoned from RA, Residential Agricultural District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. If you would like to receive a copy of the City Planning Commission's report, please call the City Clerk's Office at 853-2541. 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 853-1230. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Ad Number: 1187825 Publisher's Fee: $146.78 ROANOKE CITY CLERK'S OFF ATT: MARY PARKER, CLERK 215 CHURCH AVE SW RM 456 ROANOKE, VA 24011-1536 The Roanoke Times 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: 07/01/99 FULL RUN - Thursday 07/08/99 FULL RUN - Thursday 07/08/99 FULL RUN - Thursday Witness, this 12th day of July 1999 Authorized Signature #c Head~ on Monday, July/9,~ 1999, ~t 7,'00 P.M., in lhe Coundl Chen~w In the Munk:- Ipal Buildin& 215 Church Ave- rue, $.W., on the queeG~m of Road, N.E., bem~ OlRchd Tax No. 73201o1, mJI]jem to w- rain proff~ed condWo.s. A (ropy M' ~hls pro~)~M I$ mmil- eble for pubic kW~:Uon k~ the GIVEN undM my h~mcl thi~ :1st clay of July, 1999 MARY F. PARKER (1/87825) 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 Monday, July 19, 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 RA, Residential Agricultural District, to LM, Light Manufacturing District, the following property: A 56-acre tract of land lying at the end of Read Mountain Road, N.E., bearing Official Tax No. 732010],subject to certain proffered conditions. 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 t st day of July , 1999. Mary F. Parker, City Clerk. H: \NOTICE~NR-READMT TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Request from City of Roanoke for property located at the terminus ) of Read Mountain Road, NE, Tax No. 7320101, from RA to LM conditional )Affidavit ) 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 24th day of May, 1999, notices of a public hearing to be held on the 2nd day of June, 1999, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 7380111 Owner's Name Albert and Opal Snider Mailing Address 1723 Read Mountain Road Roanoke, VA 24019 7310111 Charles and Jeanne Duncan 1682 Monterey Road, NE Roanoke, VA 24019 7340101 Valley Lands Inc. P.O. Box 32488 Attn: Lorraine Lancaster Charlotte, NC 28232 7320102 City of Roanoke P.O. Box 6359 7320103 Roanoke, VA 24017 7270101 Blue Hills Golf Corp. P.O. Box 5242 Roanoke, VA 24012 County James A. Werts County James A. Werts 1840 Read Mountain Road Roanoke, VA 24019 1852 Read Mountain Road Roanoke, VA 24019 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day °f May' 1999/~, ,/~.~~_~ary p~u c ~ My Commission expires: ~_~, ~ all. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011'- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk May 17, 1999 File #51 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 from the City of Roanoke requesting that a tract of land located at the end of Read Mountain Road, N. E., identified as Official Tax No. 7320101, be rezoned from PA, Residential Agricultural District, to LM, Light Manufacturing 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 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of a tract of land lying at the end of Read Mountain Road NE, designated as Official City Tax Number 7320101, from RA, Residential Agricultural District to LM, Light Manufacturing District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE The Petitioner, the City of Roanoke, has obtained an option on land in the City of Roanoke containing 56 acres, more or less, located on the end of Read Mountain Road, NE. Said tract is currently zoned RA, Residential Agricultural. A map of the property to be rezoned 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 rezoned from RA, Residential Agricultural District, to LM, Light Manufacturing District, subject to certain conditions set forth below, for the purpose of industrial development. The Petitioner believes the rezoning 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 further economic development opportunities within the City by extending the boundries of the Roanoke Centre for Industry and Technology and offering vacant land to new industry. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, the rezoning will be subject to the following proffered condition: 1. The subject property will be developed in accordance with the Restrictive Covenants for RCIT attached as Exhibit B, and in substantial conformity with the site plan dated March 2, 1999, attached as Exhibit C. Attached as Exhibit D 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 from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this sixth day of May, 1999. Respectfully submitted, EXHIBIT B DEED OF RESTRICTION ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY The City of Roanoke, Virginia (hereinafter the City), a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, as attested by the undersigned signature of its Mayor, does of its own free will impose the following restrictive covenants upon any and all sites and lots located within the Roanoke Centre for Industry and Technology (hereinafter the Centre), such sites and lots now owned by the City, and being more particularly described and shown on the Subdivision of the Roanoke Centre for Industry and Technology, prepared by Guffey, Hubbel, McGhee, P.C., such plat having been recorded on December 6, 1983, in Plat Book 1, pages 338, 339, 340 and 341, in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, and as shown on the plat of survey showing a 145.755 acre tract conveyed to the City by deed recorded September 30, 1983, which plat is recorded in Deed Book 1493, page 833, in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. The following restrictive covenants are hereby created, declared and established, and made for and in consideration of the mutual covenants existing or hereinafter to exist by and between the City and the grantee or grantees of any site or lot lying within the boundaries of the Centre, and are made with the express intent of ensuring the orderly development of the Centre and ensuring that new site development is harmonious with existing development, the environment, and the Master Plan for the Centre. 1. Permitted principal uses and Slnlctures. Those principal uses and structures permitted by the zoning district regulations applicable to the Centre property will be 2 permitted. The City, however, expressly reserves the right to limit or restrict the use of a particular site or lot or particular sites or lots. The City also expressly reserves the right to. request the recommendation of the City of Roanoke Economic Development Commission as to the appropriateness of a proposed principal use or structure. 2. Prohibited uses. No use of any site, lot or building shall be made which, in the opinion of the City, causes or creates, or is likely to cause or create, a hazard or nuisance to adjacent properties, or which would violate the zoning performance standards of the City. 3. Approval of site development plans. Before commencing development involving a new structure, building or use, or involving an addition, alteration or change to an existing structure, building or use on or to any site or lot in the Centre, the property owner shall first submit site development plans to the City for review in accordance with the City's site plan review zoning regulations, and any additional provisions set out herein if such additional provisions are in addition to or more stringent than those in the zoning site plan review regulations in effect at the time of the proposed development. 4. Procedure for site development plan review. (a) Three (3) copies of all required site development plans shall be submitted to the City, which shall have up to fourteen (14) days to review the plans and to notify the applicant of the action taken with respect to the plan, which may include approval, approval subject to conditions, or disapproval. In case of conditional approval, the applicant shall make the necessary changes and submit three (3) copies of the revised site plan for approval. (b) An approved site development plan shall expire and be null and void 3 unless a building permit for the construction of substantial elements of the site plan has been issued within a period of one year after approval. (c) -If it becomes necessary for an approved site development plan to be changed, such change may be made with the approval of the City. 5. Required site plan development plan content. Site development plans shall include the following: all drawings shall be drawn to a scale of not less than one inch equalling one hundred (100) feet: (a) A plat of the property to be developed, showing the dimensions and shape of the property, required setback lines, the exact sizes, location and height of all existing structures (including signs, fences and walls) and buildings, and of all proposed structures (including signs, fences and walls) and buildings, or additions or alterations to existing structures (including signs, fences and walls) and buildings, including any additions, alterations, or expansions for which plans have been made, but are not expected to be implemented immediately. (b) The topography of the area to be developed, with cOntour intervals of five (5) feet or less, showing existing physical features, including all existing trees of six (6) inches or greater in caliper, and all watercourses. (¢) An architectural plan, indicating proposed elevations, building materials, building covers and signage. (d) The location and size of all existing and proposed streets, alleys, sidewalks, pedestrian ways, curbs and curb cuts, gutters, parking and loading areas (indicating the number of parking spaces), open space, and outdoor storage areas that are 4 within the site to be developed. (e) The location and size of all existing and proposed sanitary and storm sewers and culverts, and water, gas, telephone, electric and other utility lines that are within or which serve the site to be developed. Easements existing or proposed for such installations shall be shown. (f) The location, height, type and material of all plantings, landscaping, screening, walls, fences, signs, outdoor lighting systems, required or otherwise. (g) The nature and manner of any and all excavations and grading proposed for the site, including fill, compaction, and slope planting and treatment. (h) The location of all dumpsters or other outdoor trash receptacles. (i) A tabulation of the total square footage of the property to be developed, showing what percentage and number of square feet is proposed to be devoted to uses, including off street parking or loading areas, open or landscaped areas and other major uses. (j) For all developments: 1) The specific use to which each building or structure will be put, the square footage of floor area to be put to each such use, and the estimated number of employees who will work therein, and the shifts they will work. 2) The type of wastes or by-products, if any, to be generated and the proposed method of disposal of such. 3) Any other information required by the City in order to determine the impact of a particular use and its conformity with the City's zoning performance standards. (k) Where erosion and sediment controls for the development are required by the provisions of the Code of the City of Roanoke (1979), as amended, an erosion and sediment control plan as required by the Code shall be filed concurrently with the site plan and the other requirements of the Code shall be complied with. 6. Development standards. All structures, buildings and improvements within the Centre shall be constructed and maintained in conformance with the following standards, unless the City approves a specific exception, in writing. (a) General standards. All development shall be in conformance with the building, zoning, subdivision, property maintenance and other ordinances and regulations of the City, unless appropriate variances have been granted. (b) Building groups. Multiple structures, including accessory building, planned for one lot or site shall be designed in a unified architectural style and be unified spatially. (c) Setbacks. No building or structure shall be erected nearer than seventy-five (75) feet from the right-of-way of a primary road in the Centre (a primary road being a public right-of-way sixty (60) feet or more in width), or nearer than fifty (50) feet from a secondary road or street, or nearer than thirty (30) feet from any side or rear boundary line of the lot or site. The areas between the property and building lines are to be used only for landscaping, lawns, walks, driveways and approved identification signs, bio off-street parking shall be permitted within these areas, except with the written permission of the City. (d) Landscaping. All sites and lots shall be landscaped between all property and building lines within ninety (90) days of completion of construction or as weather permits. Landscaping may include lawns, trees and shrubs. All landscaping must be approved by the City as being in conformance with the Master Plan for the Centre. If landscaping materials are destroyed or die, they shall be replaced as soon as practicable during the next suitable planting season. (e) Site coverage ratio. To insure the attractiveness of the Centre and to provide for adequate space for off-street parking, buildings, structures and parking areas shall not cover more than sixty percent (60%) of the site or lot. (f) Construction standards. All buildings, structures and improvements shall be constructed and maintained in accordance with the following standards, unless an exception is approved in writing by the City: 1) No wood frame structures will be permitted. 2) Exterior walls of all structures and buildings shall be finished with brick, tilt-up concrete, concrete panels, or their equivalent. Exterior metal walls are permitted, subject to approval of the City, but such metal walls shall not be installed on sides of structures or buildings facing primary or secondary roads within the Centre except when used in an architecturally suitable manner in conjunction with other approved materials. 3) The color of all exterior walls, including those that are resurfaced or repainted, must be approved by the City. (g) Parking and storage of motor vehicles and equipment. Owners of property within the Centre shall not permit their employees or tenants to park on public 7 streets within the Centre except within spaces duly designated by the City for parking. Property owners must provide suitable concrete, asphalt, bituminous or similarly surfaced off-street parking spaCes and driveways in conformance with the zoning regulations of the City. To enhance the appearance of the Centre, whenever possible parking and service areas shall be located on those sides of each building which do not front on a street. (h) Loading areas. No loading docks or areas shall be constructed or located fronting on any street or proposed street, or within any required setback areas. (i) Outside storage. No new materials, supplies, waste or rubbish shall be stored in any area except inside an enclosed building, unless screened by a wall, or other appropriate screen six (6) feet in height or rising two (2) feet above the stored material, Storage of products produced on the site shall conform to the City's whichever is higher. zoning regulations. (J) Erosion control, sediment control and storm drain facilities. Erosion and sediment controls shall be installed as required by the Code of the City of Roanoke (1979), as amended. Each owner shall be required to provide adequate drainage facilities, including on-site ponds and/or controls of storm water runoff resulting from precipitation. The amount of ponding and/or controls shall be at least sufficient to accommodate the estimated change in rate of storm water runoff for the ten (10) year storm resulting from the placement of buildings and parking areas, and shall be discharged in a manner consistent with commonly accepted engineering practices. (k) Signs. Plans and specifications for the construction, installation, alteration, and illumination of all outdoor signs must be approved in writing by the City. The City reserves the right to limit the number and size of signs within the Centre. Signs shall identify only the corporate name, trademark and/or trade name of the owner, and shall not otherwise be used for advertising purposes. (1) Drains and Sewers. All connections of drains and sewers with the public sewers of the City shall be made in accordance with the provisions of Chapter 26, Sewers and Sewerage Disposal, of the Code of the City of Roanoke (1979), as amended. (m) Telephone and electrical service. All secondary telephone and electrical service lines shall be underground between the primary lines and the structures or buildings erected on any site developed within the Centre. 7. Maintenance. The owner, lessee or occupant of any lot or site will be responsible for the maintenance and clean and safe condition of the land, buildings, landscaping, exterior lighting, parking areas and all other improvements, including prompt removal of all trash, lawnmowing, tree and plant trimmings. During construction it shall be the responsibility of each land owner to ensure that public streets and construction sites are kept free of unsightly accumulations of rubbish and scrap materials, and that construction materials, trailers, and the like are kept in a neat and orderly manner. In the event any owner, lessee, or occupant fails to comply with any of its responsibilities for property maintenance, then the City shall have the right, privilege and license to enter upon the premises and take any and all measures necessary to maintain the property to meet the standards set out herein, and to charge the owner of the property for the expenses incurred in so doing. 9 8. Option to repurchase in event of no construction. If after the expiration of three (3) years from the date of purchase of the property in the Centre from the City, the then record property-owner shall not have begun in good faith the actual construction of a building acceptable to the City upon the property, then, in that event, the City shall have the right and option to refund to said record property owner the amount of the original purchase price paid to the City for the property; whereupon, the said record property owner shall forthwith convey the property back to the City. In the event that the record property owner for any reason falls or refuses to convey title back to the City as required herein, then, in that event, the City shall have the right to enter into and take possession of said property, along with all fights and causes of action necessary to have title to the property conveyed back to the City. 9. Option to purchase. In the event that any owner of unimproved property in the Centre or any portion thereof shall desire to sell all or a portion thereof in accordance with the terms of these Restrictive Covenants, the City shall have the first fight and option to purchase said property at the same purchase price paid to the City by the original purchaser. Prior to such sale, the property owner shall notify the City by registered or certified mail of its intentions to sell the property or any portion thereof. Said notice shall describe the exact parcel intended to be sold. The City shall have sixty (60) days from receipt of said notice in which to exercise the option. Settlement shall take place within sixty (60) days after such exercise. 10. Warranties. In the event that the City exercises any of its rights specified in paragraphs 8 and 9 hereof to reacquire the property, the then record property owner shall 10 convey the property to the City by General Warranty deed with English Covenants of Title, free and clear of liens and encumbrances. 11. Enforcement. Each of the foregoing Restrictive Covenants shall run with the land and a breach of any one of them may be enjoined, abated or remedied by the City or the grantee or grantees of any site or lot lying within the Centre, their successors or assignees, by such remedies as are provided for in law or in equity. It is understood, however, that the breach of any of the foregoing Restrictive Covenants shall not defeat or render invalid the lien of any mortgage on the property made in good faith and for value and shall not prevent the foreclosure sale of the property or any part thereof, provided, however, that each and all of the foregoing Restrictive Covenants shall at all times remain in full force and effect against the property, or any part thereof, title to which is obtained by foreclosure or any mortgage or other lien. 12. Subdivisions and leases. No owner of property in the Centre shall subdivide such property except in accordance with the subdivision regulations of the City, and with the written consent of the City. No purchaser from the City of property in the Centre shall lease such property without the prior written consent of the City, which shall not be unreasonably withheld. 13. Amendments. Except as herein provided, each of the foregoing Restrictive Covenants may as to all persons and property be waived, released, rescinded, modified, altered or amended by the City at the request of and with the consent of the owners or lessees from the City of property for terms of five (5) years or more of more than fifty percent (50%), in area, of the lots or sites within the Centre which have been sold by the 11 City for development. 14. Invalidity of provisions. Should any proceedings at law or in equity decree that any one or part of any one of the foregoing Restrictive Covenants be declared invalid, the same will not invalidate all or any part of the remaining covenants. 15. Duration. These Restrictive Covenants are made covenants running with the land and shall be binding on all lot owners, their heirs, devisees or assigns for a period of ten (10) years from the date hereof, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument, signed by the then owners of two-thirds of the area of the lots or sites within the Centre, exclusive of public rights-of-way, has been recorded agreeing to change said covenants in whole or in part. EXECUTED at Roanoke, Virginia, this 6th day of December, 1983, as authorized by Ordinance No. 26794, adopted by the Council of the City of Roanoke on December 5, 1983. Map Book 1495, Page 1809. EXHIBIT D TAX MAP 7320101 7380111 7310111 7340101 7320102 7320103 390416O 3904161 OWNER NAME(S) BOXLEY, EMMA REED % MRS ST JULIAN oPPENHEIMER SNIDER, ALBERT G SNIDER, OPAL WOOD DUNCAN, CHARLES C JR DUNCAN, JEANNE T VALLEY LANDS INC ATTN LORRAINE LANCASTER CITY OF ROANOKE CITY OF ROANOKE WERTS JAMES A WERTS JAMES A oWNER ADDRESS 1219 ROTHESAY RICHMOND, VA 1723 READ MOUNTAIN ROANOKE, VA 1682 MONTEREY ROANOKE, VA RD RD P O BOX 32488 CHARLOTTE, NC P O BOX 6359 ROANOKE, VA P O BOX 6359 ROANOKE, VA 1840 READ MOUNTAIN RD ROANOKE, VA 1852 READ MOUNTAIN RD ROANOKE, VA NE NE 23221 24019 24019 28232 24017 24017 24019 24019 Linda - 1 05/06/99 EXHIBIT D CITY OF ROANOKE - OFFICE OF REAL ESTATE VALUATION PROPERTY ADDRESS 56.00 ACRES TAX MAP NO. 7320101 LEGk'- DESCRIPTION *** OWNER NAME(S) *** BOXLEY, EMMA REED % MRS ST JULIAN OPPENHIMER READ RD NE TINKER CREEK *** OWNER ADDRESS *** 1219 ROTHESAY CIRCLE RICHMOND, VA PAGE 23221 ******************** MISCELLANEOUS INFORMATION ********************* PROP. CLASS VACANT LAND DEED BOOK ZONING RA PICTURE NO NBHD. NO. 730 LAND USE 911 1 DEED PAGE TOTAL AREA PERIMETER STATE LAND USE 501 LOT AREA SQ. FT. LOT AVERAGE WIDTH LOT AVERAGE DEPTH YEAR BUILT TAX STATUS 2439360 TAXABLE DO YOU WISH TO CONTINUE (Y/N)? 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 August 2, 1999 File #2-166 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. 34410-080299 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 as set forth in a report dated July 19, 1999. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, July 19, 1999, also adopted by the Council on second reading on Monday, August 2, 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: The Reverend Dwight O. Steele, Serenity Funeral Home, 126 Glimer Avenue, N. W., Roanoke, Virginia 24017 James D. Grisso, Director of Finance Robert K. Bengtson, Acting Director, Public Works Kit B. Kiser, Director, Utilities and Operations Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 1999. No. 34410-080299. AN ORDINANCE providing for the fee simple conveyance to the Serenity Funeral Home, LLC, o f 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. WHEREAS, a public hearing was held on July 19, 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. BE IT ORDAINED by the Council of the City of Roanoke that the appropriate City personnel are authoriz4d to take the necessary action to convey City-owned property, identified by Official Tax Map Nos. 2012705, 2012706 and 2012707, containing 0.293-acre, and located on Gilmer Avenue, N. W., to the Serenity Funeral Home, LLC, upon the terms and conditions set £ort.h in the report to this Council dated July 19, 1999. Attorney. All documents necessary for this conveyance shall be upon form approved by the City ATTEST: City Clerk. H:\O RD-GEN'~OSP-S ERENITY July 19, 1999 Report #~-27 ' Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Council Members: Subject: Sale of city owned property located on Gilmer Ave. Northwest I. Background: mo Serenity Funeral Home, LLC identified a need to expand the facility located at 126 Gilmer Ave. NW. To facilitate the expansion, three pieces of private property adjacent to the funeral home were purchased. Bo Neighorbood groups and leaders support the expansion project. Reverend Dwight Steele of Serenity Funeral Home, LLC has support of the Roanoke Neighborhood Development Corporation, Historic Gainsboro Preservation District, Inc. Gainsboro Neighborhood Alliance, Gainsboro Southwest Community Organization and Reverend Kenneth Wright at First Baptist Church. The city of Roanoke owns three additional properties adjacent to the Serenity Funeral home proposed expansion area (tax map number 2012705, 2012706, 2012707). II. Current Situation: Ao Serenity Funeral Home, LLC would like to purchase the three city properties in order to complete the Serenity Funeral Home expansion. Bo Contract of Sale between the city and Serenity Funeral Home, LLC contains the following major provisions: · Purchase price is $51,052 for .293 acres, more or less (lots comprise 12,763 square feet, more or less, at $4.00 per square foot) · Serenity will submit plans to assure compatibility with the neighborhood · Expansion must be completed within two years or the city has the right to purchase the property back for the selling price · Serenity Funeral Home, LLC accepts the property "AS IS" · Closing is scheduled within 60 days from the execution of the sales contract III. Issues: A. Neighborhood Revitalization B. Economic Development Members of City Council July 19, 1999 Page 2 IV. Vo C. Timing~ Alternatives: Al. Authorize the City Manager. to execute the contract of sale agreement and other necessary documents to convey the property to Serenity Funeral Home, LLC. A2. Authorize the Director of Finance. to appropriate $51,052 from a third party (Serenity Funeral Home, LLC) to account #008 052 9575 9178 (Capital Improvement Reserve-Economic Development). 1. Neighborhood revitalization will be accomplished as this expansion project fulfills the goals of the Gainsboro Coalition for promotion of minority business to serve Gainsboro neighborhood as well as the entire city. 2. Economic Development program will be advanced by placing the property into the private sector, thus creating new revenue and retaining jobs within the city. 3. Timing is critical to allow for the Serenity Funeral Home, LLC expansion. B. Do not authorize the City Mana~e_r to execute the Contract of Sale agreement and other necessary documents to convey the property to Serenity Funeral Home, LLC. Neighborhood revitalization_ will not occur. Economic Development. opportunity will be lost. 3. Timing will not be an issue. Recommendation_: City Council concur with Alternatives to: Al. Authorize the City Manat~er to execute the contract of sale agreement and other necessary documents to convey the property to Serenity Funeral Home, LLC. A2. Authorize the Director of Finance. to appropriate $51,052 from a third party (Serenity Funeral Home, LLC) to account #008 052 9575 9178 Capital Improvement Reserve-Economic Development. Members of City Council July 19, 1999 Page 3 Respectfully submitted, Diane Akers, Acting Assistant City Manager X Parsons, Acting City Attorney Jim Grisso, Director of Finance Bob Bengtson, Acting Director of Public Works Kit B. Kiser, Director of Utilities and Operations Sherman Stovall, Acting Budget Administrator WELLs · ';'."f ~. C r TR4CT '1 Ow.~CON. 8 CLO~F0 - ' O. 8. ~G. ' '. .... 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 2nd day of August, 1999, THELMA R. HOLLAND was reappointed as a member of the Cultural Services Committee for a term ending June 30, 2000. 1999. Given under my hand and the Seal of the City of Roanoke this 2nd day of August, City Clerk 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 2nd day of August, 1999, GEORGE A. KEGLEY was reappointed as a member of the Cultural Services Committee for a term ending June 30, 2000. Given under my hand and the Seal of the City of Roanoke this 2nd day of August, 1999. City Clerk 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 2nd day of August, 1999, COURTNEY A. PENN was appointed as a member of the Cultural Services Committee for a term ending June 30, 2000. 1999. Given under my hand and the Seal of the City of Roanoke this 2nd day of August, City Clerk 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 2nd day of August, 1999, EDWARD L. CRAWFORD, JR., was appointed as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2002. Given under my hand and the Seal of the City of Roanoke this 2nd day of August, 1999. City Clerk