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HomeMy WebLinkAboutCouncil Actions 04-19-99Hudson 34239 ROANOKE CITY CO UNCIL REGULAR SESSION April 19, 1999 12:00 noon HOTEL R O/INOKE & ,CONFERENCE CENTER ROANOKE BALLROOM 110 SHENANDOAH A VENUE, N. }V. AGENDA FOR THE COUNCIL Call to Order--Roll Call. (Council Members Trout and White were absent) Invocation. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The Members of Roanoke City Council are pleased to participate in 1999 Student Government Day activities. Recess and reconvene at 2:00 p.m., in the City Council Chamber. 2 R O,4NOKE CITY CO UNCIL REGULAR SESSION April 19, 1999 2:00p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order -- Roll Call. All Present. (Council Member White entered the meeting at 2:35 p.m.) The Invocation was delivered by Vice-Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. 3 THE MEMBERS OF ROANOKE CITY COUNCIL WELCOME ALL STUDENT GOVERNMENT DAY 1999 PARTICIPANTS. The Mayor presented a Proclamation designating April 19 as Student Government Day 1999, and presented T-shirts to all participants. File #3-304 NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, April 22, 1999, at 7:00 p.m. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, MUNICIPAL BUILDING, OR CALL 853-2541. SCHOOL BOARD INTERVIEWS WILL BE HELD ON WEDNESDAY, APRIL 21, 1999, IN ROOM 306, MUNICIPAL NORTH, 215 CHURCH AVENUE, S. W., COMMENCING AT 6:00 P.M. THE INTERVIEWS WILL BE TAPED AND REPLAYED ON RVTV CHANNEL 3 ON APRIL 23 AT 7:00 P.M., APRIL 24 AT 5:00 P.M., AND APRIL 25 AT 5:00 P.M. THE COUNCIL WILL HOLD A PUBLIC HEARING ON MONDAY, MAY 3, 1999, AT 7:00 P.M., IN THE EXHIBIT HALL AT THE ROANOKE CIVIC CENTER, TO RECEIVE CITIZEN INPUT REGARDING THE PROPOSED 1999-2000 FISCAL YEAR BUDGET, THE UPDATE TO THE CONSOLIDATED PLAN, A PROPOSED INCREASE IN THE TRANSIENT OCCUPANCY TAX, AND THE REAL ESTATE TAX RATE. CITIZENS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO CALL THE CITY CLERK'S OFFICE AT 853- 2541. 4 2. CONSENT AGENDA (Approved 6-0) (Council Member White was absent) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meeting of City Council held on Monday, January 4, 1999; the Financial Planning Session held on Saturday, January 16, 1999; and the regular meeting held on Tuesday, January 19, 1999. RECOMMENDED ACTION: Dispense with the reading thereof and approve File #132 as recorded. C-2 A communication from Council Member Linda F. Wyatt, Chairperson, Water Resources Committee, requesting an Executive Session to discuss 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. RECOMMENDED ACTION: Concur in request to convene in Executive File #132-468 Session. C-3 Qualification of the following persons: James M. Turner, Jr., as a member of the Roanoke Regional Airport Commission for a term ending March 9, 2003; File #9-15-110 Donna S. Johnson as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2000; and File #15-110-429 5 James D. Ritchie as Acting City Manager, effective April 9, 1999, at 5:00 p.m. File//15-104 RECOMMENDED ACTION: Receive and file. REGULAR AGENDA 0 (Council Member White entered the meeting at 2:35 p.m.) HEARING OF CITIZENS UPON PUBLIC MATTERS: Presentation with regard to the "Teen Outreach Program (TOP)". Dr. E. Wayne Harris, Superintendent, Roanoke City Schools. (10 minutes) Received and filed. File #467 4. PETITIONS AND COMMUNICATIONS: ao A communication from the Roanoke City School Board requesting appropriation of funds for certain school projects; and a report of the Director of Finance recommending that Council concur in the request. Adopted Ordinance No. 34239-041999. (7-0) File #60-467 bo 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. Adopted Resolution No. 34240-041999. (7-0) File #60-253 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: A report with regard to the City's 1999-2000 Recommended General Fund Budget and annual update to the Consolidated Plan. (10 minutes) Referred to 1999-2000 Budget Study. File #60-178-236 ITEMS RECOMMENDED FOR ACTION: A report recommending appropriation of $310,000.00 to the Capital Improvement Reserve for Streets and Bridges. Adopted Ordinance No. 34241-041999. (7-0) Council Member Swain inquired as to the anticipated start date for the Tenth Street, N. W. Project; whereupon, the Director of Public Works advised that he would provide the requested information. File #60-102-183-514 o A report recommending appropriation of funds from the Capital Maintenance and Equipment Replacement Program and Prior Year Retained Earnings for certain high priority technology needs and enhancements. Adopted Ordinance No. 34242-041999. (7-0) File #60-301-472 7 A report recommending acceptance of the bid submitted by KME Fire Apparatus Corporation for furnishing and delivering one new fire pumping engine with water tower for a negotiated cost of $388,770.00; and appropriation of funds in connection therewith. Adopted Ordinance No. 34243-041999 and Resolution No. 34244-041999. (7-0) File//60-70-472 A report recommending acceptance of the bid submitted by Baker Brothers, Inc., for furnishing and delivering one new wheel loader for use by the Utility Line Services Department for a total cost of $84,463.00; and appropriation of funds in connection therewith. Adopted Ordinance No. 34245-041999 and Resolution No. 24246-041999. (7-0) Council Member White requested that the calling list of small business firms/vendors be wide spread in regard to the purchase of emergency items by City departments. File/t60-268-472 o A report recommending authorization to apply to the Department of Alcoholic Beverage Control for ABC licenses in the name of the City of Roanoke, to permit the sale of alcoholic beverages on Roanoke Civic Center property. Adopted Resolution No. 34247-041999. (6-1) (Vice-Mayor Harris voted no.) Council Member Wyatt offered a suggestion that the Virginia State Flag and the Roanoke City Flag be displayed in a prominent location with the American Flag in the Civic Center facility. File #192-322 8 o A report recommending execution of an agreement with InSystems Technologies, Ltd., for conveyance of a portion of City-owned property, as well as an air rights easement across said property, commonly known as a vacant lot at the northwest comer of Norfolk Avenue and First Street, S. W., Official Tax No. 1010310. Adopted Ordinance No. 34248 on first reading. (7-0) File #2-28-207-481 b. DIRECTOR OF FINANCE: A report recommending appropriation of program income from the Roanoke Redevelopment and Housing Authority and other miscellaneous program income. Adopted Ordinance No. 34249-041999. (7-0) File #60-178 6. REPORTS OF COMMITTEES: None. 7. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ao A Resolution establishing the date of a Special Meeting of the Council of the City of Roanoke on Monday, May 3, 1999, at 7:00 p.m. Adopted Resolution No. 34250-041999. (7-0) File #60-79-132-178-236 bo A Resolution establishing the date of a Special Meeting of the Council of the City of Roanoke on Tuesday, May 11, 1999, at 1:30 p.m. Adopted Resolution No. 34251-041999. (7-0) File #60-79-132-178-236 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Following adoption of the fiscal year 1999-2000 budget, Council Member Swain requested that a schedule be publicized with regard to installing sidewalk, curb and gutter, and paving of streets in the City of Roanoke. File #57-60-514 e 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 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. The matter was referred to the Acting City Manager, Acting City Attorney, City Clerk and Director of Finance for report to Council. File #429 e 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 parks; however, 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. File #67-488 e Council Member Wyatt expressed concern over the length of time it takes for a City employee to reach the top of the pay scale. As a part of fiscal year 2000-2001 budget study, she requested that the Acting City Manager review ways in which City employees can reach the top of their pay scale in a more expeditious manner. File #18-60-184 l0 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. File #20-102-455 The Mayor requested that information be disseminated to citizens advising that free parking is available in the downtown parking garages on Saturdays and Sundays. File #20 bo Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. CERTIFICATION OF EXECUTIVE SESSION: (6-0) (The Mayor left the meeting during the Executive Session.) ROANOKE CITY CO UNCIL REGULAR SESSION April 19, 1999 7:00p. m. CITY COUNCIL CHAMBER /t GENDA FOR THE COUNCIL Call to Order-- Roll Call. All Present. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. 12 PRESENTATIONS: A Proclamation declaring the week of April 17 - 24 as Knights of Virginia Assistance for Retardation (KOVAR) week. File #3 BID OPENINGS: 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. One bid was received from CHS, Inc., in the amount of a one time payment of $200.00, commencing April 30, 1999. File #21-221-481 A. PUBLIC HEARINGS: Public hearing 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. James D. Ritchie, Acting City Manager, and William X Parsons, Acting City Attorney. Adopted Ordinance No. 34252 on first reading. (5-1) (Council Member White abstained from voting and Council Member Wyatt voted no.) File #21-221-481 Public hearing 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 Blvd., 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 adopted on May 5, 1997, be amended. Edward A. Natt, Attorney. Adopted Ordinance No. 34253 on first reading. (7-0) File #51 13 o Public hearing 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. Ronald A. Martin, AIA, Spokesperson. Adopted Ordinance No. 34254 on first reading. (7-0) File #514 o Public hearing 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. James D. Ritchie, Acting City Manager, and William X Parsons, Acting City Attorney. Adopted Resolution No. 34255-041999. (7-0) File #53-60 Public hearing 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 comer of Melrose Avenue and Forest Park Boulevard, N. W., identified by Official Tax No. 2420201. James D. Ritchie, Acting City Manager, and William X Parsons, Acting City Attorney. Adopted Ordinance No. 34256 on first reading. (7-0) File #28 o Public hearing 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. Candidates are: Toni J. Brandon, Charles W. Day, Michael W. Ridenhour and Brian J. Wishneff. The remarks of all speakers were received and filed. File #467 14 B. OTHER HEARING OF CITIZENS: 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. Office oJ'the Mayor CITY OF ROANOKE Given under our hands and the Seal of the City of Roanoke this nineteenth day of April nineteen hundred and ninety-nine. I97tE~, the future of our community, our State and our nation depends upon the young people of today who will be the leaders of tomorrow; and WHEREAS, it is the duty of all citizens, parents, and youth organizations to develop a proper attitude among the young people o four community and to provide them with the right examples, environment and opportunities; and WHEREAS, it is through united efforts that young people will develop to their fullest potential and become healthy, caring adults, with respect for themselves and for others; and WHE~, Student Government Day has been established to reinforce to young Americans the importance and the excitement of helping others; and their involvement in government creates a public awareness of the positive contributions that young people make in the progress of the nation; and WHEREAS, through Student Government Day, an effort is made to link the talents and resources of students by addressing some of the major issues facing the cities of America, such as drug and alcohol abuse, education, hunger and homelessness, and assisting elderly citizens. NOW, THEREFORE, I, David ,4. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim Monday, April 19, 1999, throughout this great All-America City, as Mary F. Parker City Clerk STUDENT GOVERNMENT DAY 1999. David A. Bowers Mayor REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL January4,1999 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, January 4, 1999, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, Linda F. Wyatt and Mayor David A. Bowers .................... 6. ABSENT: Council Member William White, Sr.- .......................................... 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. TRAFFIC-DOWNTOWN ROANOKE, INCORPORATED: The City Manager introduced a briefing on downtown traffic patterns. He advised that the project was approved by Council in 1995 as a part of the Capital Improvements Program included in the bond referendum that was approved by the voters, the bonds have since been sold, and $1,350,000.00 was set aside for the project. He explained that the City Code provides that the City Manager has full authority to change the traffic pattern in downtown, but inasmuch as Council will be requested to approve funds to implement traffic upgrades and changes, this is an interim step to insure that Council is fully briefed on the proposed recommendations. Robert K. Bengtson, Traffic Engineer, advised that there are approximately 150 signalized intersections in the City of Roanoke, approximately 44 intersections in downtown are interconnected and coordinated and each intersection has a box located on the corner of the street containing a control unit, and it is proposed to use $1,350,000.00 of bond funds to replace the control units inside the metal boxes and the master computer that directs these units through interconnecting wires under City streets. He explained that all of the signals are linked together to provide a system which was installed approximately 20 years ago and has fallen into disrepair, replacement parts are hard to locate, and the City has reached the point where a new traffic signal system is necessary. Mr. Bengtson called attention to the issue of changing some downtown streets from one way traffic flow to two way traffic flow as pointed out in the "Outlook Roanoke Plan," and a task force composed of the following persons was appointed to study the matter. Steve Lemon, property owner Richard Wells, property owner Less Oakey, American Electric Power John P. Bradshaw, Former Member, City Planning Commission Rob Callahan, restauranteur David Hill, property owner Matt Kennell, Downtown Roanoke, Inc. Chip Holdren, Valley Metro William F. Clark, City Director of Public Works Evie Lander, Acting Chief, City Planning and Community Development Bob Bengtson, City Traffic Engineer Wendy Jacabson, Facilitator, Virginia Tech Mr. Bengtson reviewed the following public input opportunities: An open house was held in a Salem Avenue storefront on June 16, 1998. Downtown employees and property owners were invited to drop in to ask questions and offer opinions on traffic flow options. Approximately 50 people attended. Survey forms were made available to document the opinions of interested persons. Newspaper coverage by The Roanoke Time_~ on June 25, 1998, reported on some of the challenges and opportunities for two-way traffic. A survey was included on the Internet through Roanoke. Com. 2 The August edition of The City Show on RVTV (Channel 3) included a segment on the issue. Citizens were given a telephone number to call to give their input. The City Page section of The Roanoke Times included two articles on the issue and requested input from the public. Mr. Bengtson reviewed various alternatives studied by the Task Force; viz: (A) Change from one way traffic to two way traffic flow on Salem Avenue (from Williamson Road to 6th Street, S.W.) and Campbell Avenue (from 2nd Street to 5th Street, S.W.). This includes signalization of the Williamson Road/Salem Avenue intersection. (B) Change from one way traffic to two way traffic flow on Salem Avenue (from Williamson Road to 6th Street, S. W.) and Campbell Avenue (from Williamson Road to 5th Street, S. W.). This includes signalization of the Williamson Road/Salem Avenue intersection. (C) No changes to the traffic flow on Salem Avenue and Campbell Avenue. Mr. Bengtson advised that Alternative A as above described is proposed for Council's consideration. (See City Manager's report on file in the City Clerk's Office.) Question was raised as to the feasibility of closing the City Market Square; whereupon, R. Matthew Kennell, Executive Director, Downtown Roanoke, Inc., advised that the question has come up in the past in conjunction with each planning study that has been conducted over the past 15 years and the recommendation continues to be that the Market Square should not be closed. He stated that a number of cities have tried to close their market areas and while such action might have been successful for a short period of time, over the long term, it has proven not to be feasible particularly in an area where there is considerable retail business. For such events as Dickens of a Christmas and other peak activity events, he called attention to the need to better define a way to close off the Market Square, or to provide for a more permanent barricade type of system. In regard to a proposed time frame, Mr. Bengtson advised that it would be anticipated to have the project underway during the summer of 1999 with some repaving of downtown streets to occur and the project could be completed by the end of 1999; however, that would not include the entire downtown signal system which is proposed for completion in the year 2000. 3 Question was raised as to any legal liability that the City might incur if downtown traffic patterns are changed; whereupon, the City Attorney advised that the City has governmental immunity in respect to planning, and traffic signalization is a part of the planning function of City government. He stated that with the proper educational efforts, any increase in public liability would be unlikely. The Mayor inquired if changing the downtown traffic pattern should be considered at a public hearing of Council; whereupon, the City Attorney advised that there is no legal requirement for a public hearing, however, an advertisement could be prepared if that is the will of the majority of Council. John P. Bradshaw, Member of the Task Force, spoke against conducting a public hearing because the issue was discussed thoroughly by the Task Force which was composed of a broad sector of representation with significant public input for over a year. He stated that changing the traffic pattern from west of Second Street on Campbell Avenue and the left turn from Williamson Road to Salem Avenue should have been enacted years ago, and the proposed changes in the traffic pattern on Campbell Avenue and Salem Avenue represent a compromise between American Electric Power and Valley Metro, citizen input, and discussions with representatives of Downtown Roanoke, Inc. He spoke in support of Alternative A as proposed by the City Manager. Following discussion, it was the consensus of Council that a public hearing would be held on Tuesday, January 19, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, with regard to changing downtown traffic patterns. Without objection by Council, the Mayor advised that the briefing would be received and filed. HOUSING/AUTHORITY-GRANTS: Frank E. Baratta, representing the Office of Grants Compliance, addressed Council with regard to the Department of Housing and Urban Development (HUD) Funds Allocation Policy which provides a framework for the budgeting process for Community Development Block Grant and HOME Investment Partnership funds received by the City. He reviewed the following four steps in development of the HUD policy; viz: (1) The Office of Grants Compliance prepared a policy and briefed Council in January 1998. (2) The policy was implemented as part of the 1998-99 budgeting process. Two new practices included in the policy were to be phased in. One set a $5,000.00 minimum for funding requests and awards. The 4 other set a three year limit for funding human services and similar programs. These would not be applied to existing programs until after public input had been obtained. (Human services are often where the heaviest competition for funding occurs and were the main area of concern to Council. The competition is heightened by a regulatory funding cap for such programs. The policy was not meant to effect programs such as housing or economic development.) (3) Third, in July, 1998, a letter requesting public comments was sent to about 400 individuals and groups. A public meeting was held on August 6 and a follow-up meeting was held on October 5. Several staff meetings were held during this period to consider the issues and the public comments. (4) Taking into consideration the public comments, a final consensus was reached among City staff regarding the new practices. Mr. Baratta explained that City staff has decided to remove the provision which would allow funding any human service program for no more than three years, and advised that staff concurs with comments received from the public that the provision would be counter-productive, the result being that a three-year HUD funds limit would cause increased pressure on Council for General Fund dollars. He stated that since such a result would cause the exact opposite of what Council intended in asking for a HUD policy, staff will not pursue the original provision; however, the $5,000.00 floor level provision will be retained. In summary, Mr. Baratta advised that unless Council has objections, a revised policy will be published as part of the CDBG/HOME request for proposals to be issued atthe public hearing to be held on January 7, 1999, from 6:00 p.m. - 8:00 p.m., and the policy will be reviewed on a yearly basis to identify necessary changes. Council Member Wyatt suggested that consideration be given to a policy that would provide $5,000.00 for three years and at the end of the third year, the requesting party would make a commitment to the City that it would not request funding from the General Fund. She explained that such a policy would enable the requesting party to become self-sufficient during the three year period and allow other organizations to compete for funding; whereupon, Mr. Baratta advised that the suggestion would be reviewed. Without objection by Council, the Mayor advised that the briefing would be received and filed. At 1:45 p.m., the Mayor declared the meeting in recess until 2:00 p.m. 5 At 2:00 p.m., on Monday, January 4, 1999, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers .......................................................................................................... 7. ABSENT: None ...................................................................................... 0. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., 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 Stephen Duncan, Associate Pastor, United Metaphysical Churches. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. SNOW REMOVAL: The City Manager introduced a briefing on snow and ice removal efforts as a result of the storm which occurred in the City on January 2 and 3, 1999. William F. Clark, Director, Public Works, advised that weather forecasters provided several days of notice and forecasted the severity of the storm; therefore, the City was well prepared in advance. He stated that staff reported to work on January I to insure that snow removal equipment was well maintained and ready for use and to insure that refuse accumulated from Christmas week was collected before the predicted ice storm. He explained that 12 hour work shifts were in effect as of 7:00 a.m., December 31 through 7:00 a.m., January 4. He advised that approximately 2200 man hours of regular time and overtime were expended and approximately 800 tons of chemicals were applied to City streets. Wanda B. Reed, Coordinator, Emergency Services, advised that she consulted with the National Weather Service upon the prediction that a major weather storm would impact the Roanoke area. She stated that snow removal equipment has been increased and the City is better prepared with four-wheel drive vehicles to respond to severe weather conditions. She called attention to the City's interaction with persons 6 in the private sector to insure that critical service needs were met; and as a result of pre-emergency briefings with City staff, information was shared with regard to potential problems and reactions in advance. Council Member White called attention to a major investment by the City to improve its fleet of vehicular equipment. He requested information on the optimum use of snow removal equipment and whether City equipment is used to clear snow from City school properties. The City Manager advised that he would provide Council with a written report; however, the City's first and foremost task is to remove snow from emergency routes, U. S. routes and main thoroughfares, followed by Valley Metro bus routes, residential neighborhoods, main thoroughfares through neighborhoods, cross streets and dead end streets in that order. He stated that once the City has completed the public clearing of streets and roadways, City crews could then assist with snow removal efforts on school properties, although by that time the schools have their own snow removal efforts underway. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for Executive Session to discuss acquisition of real property for public purpose, specifically property adjacent to the Roanoke Centre for Industry and Technology; and personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in 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.) 7 ACTION: ACTION: 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, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. PURCHASE/SALE OF PROPERTY-CITY MANAGER-INDUSTRIES- COUNCIL: A report of the City Manager requesting that Council convene in Executive Session to discuss acquisition of real property for public purpose, specifically property located adjacent to the Roanoke Centre for Industry and Technology, pursuant to Section 2.1- 344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the City Manager to convene in Executive Session to discuss acquisition of real property for public purpose, specifically property located adjacent to the Roanoke Centre for Industry and Technology, 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 Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET: A report of the City Manager recommending that Council approve the following fiscal year 1999-2000 budget study dates, was before the body. April 19, 1999 Public presentation of Fiscal Year 1999- 2000 recommended budget, and update to the Consolidated Plan (HUD budget) to Council by City Manager. 8 ACTION: April 20, 1999 Advertisements of public hearings on recommended budget, tax rates and Consolidated Plan update appear in newspapers. May 3, 1999 Public hearings on recommended budget, tax rates and update to the Consolidated Plan. ** Requires Special Evening Meeting of City Council May 4 - 7, 1999 City Council budget study work sessions. May 10, 1999 City Council adopts General Fund, School Fund and Proprietary Fund budgets, approves an annual appropriation ordinance and adopts the update to the Consolidated Plan. ** Requires Special Meeting of City Council The City Manager recommended that Council formally approve the schedule of activities, dates and times (including two special meetings of Council) in order that necessary arrangements may be finalized to move forward with the budget study process. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the recommended 1999- 2000 budget study schedule. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. GRANTS-TEA-21: A report of the City Manager recommending that Council schedule a public hearing for Tuesday, January 19, 1999, at 7:00 p.m., with regard to Transportation Equity Act for the 21st Century, TEA-21 Enhancement Projects, was before the body. (For full text, see report on file in the City Clerk's Office.) 9 ACTION: ACTION: Mr. White moved that the item be removed from the Consent Agenda for separate discussion. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. (See pages 11-12 and 24-25 for additional discussion and action.) HUMAN DEVELOPMENT-ROANOKE NEIGHBORHOOD PARTNERSHIP-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: George M. McMillan and William C. Holland as members of the Advisory Board of Human Development for terms ending November 30, 2002; and Ronald H. Miller as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 1999. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the reports of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. REGULAR AGENDA GRANTS-TEA-21: The City Manager submitted a written report advising that the Transportation Equity Act for the 21st Century (TEA- 21) was signed into Federal law in June, 1998; this action reauthorized the Federal surface transportation programs for six years, from fiscal year 1998 to 2003, replacing the Intermodal Surface Transportation Efficiency Act (ISTEA); and TEA-21 provides $215 billion in spending authority for highways and transit, including $3 billion for transportation enhancement projects. 10 It was further advised that enhancement projects may be initiated by any group or individual, and need to be formally endorsed by Council prior to submittal to the Virginia Department of Transportation (VDOT); and five applications were received by the City which will be submitted to Council on January 19, 1999; viz: Fifth Planning District Commission, Roanoke Higher Education Authority, Roanoke Redevelopment and Housing Authority, Roanoke Valley Convention & Visitors .Bureau, and Virginia Museum of Transportation. It was explained that VDOT requires that a public hearing be held for TEA-21 enhancement projects as part of the application process; and the City administration has arranged to advertise a public hearing for the January 19, 1999, City Council meeting. (For full text, see report on file in the City Clerk's Office.) Council Member White inquired as to the types of projects that are eligible for funding under TEA-21; whereupon, William F. Clark, Director, Public Works, advised that he would provide a written description of eligible projects; however, he stated that such projects are basically transportation enhancements and not regular highway projects. In regard to the 20 per cent matching funds, he explained that the City will enter into a third party agreement with approved agencies whereby the agency will be responsible for providing not only the matching funds, but other conditions imposed by the Virginia Department of Transportation. He advised that VDOT requires that the agreement be entered into with the governmental agency rather than with the applicant. Mr. White expressed concern that there may be agencies or organizations with projects that could fit into the transportation enhancement category, but the agency may not be aware of the application process and inquired as to what actions were taken by the City administration to insure that application process information was properly disseminated. Mr. Clark reviewed criteria for filing an application, and advised that prior to the deadline for submitting applications, a letter of invitation was sent to organizations that had previously expressed an interest in the ISTEA Program inviting representatives to a public workshop where they were briefed on the criteria for filing an application and provided with application forms and deadline information. 11 Mr. White moved that Council concur in the recommendation of the City Manager to advertise a public hearing for Tuesday, January 19, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard in the City Council Chamber, 215 Church Avenue, S.W. The motion was seconded by Mr. Swain and unanimously adopted. Later during the meeting, Mr. White inquired as to why the following projects were not proposed for funding as a part of TEA-21: Total Action Against Poverty Transitional Living Center Shaffers Crossing improvements Henry Street improvements First Street Bridge improvements He inquired if the appropriate officials of Total Action Against Poverty and those persons involved with Henry Street improvements were contacted in regard to applying for funds; whereupon, it was the consensus of Council that the matter would be referred to the City Manager for report to Council prior to the public hearing on Tuesday, January 19, 1999. It was suggested that Mr. White's remarks also be provided to the City Planning Commission for its consideration prior to its meeting scheduled for Wednesday, January 6, 1999. Council Member Trout requested that the City Attorney advise as to whether Council may endorse those projects to be recommended for TEA-21 funding following public input at the January 19, 1999, public hearing. HEARING OF CITIZENS UPON PUBLIC MATTERS: YOUTH-SPECIAL EVENTS-SPORTS ACTIVITIES: June H. House, Executive Director, Big Brothers Big Sisters, invited the Members of Council to participate in "Bowl for Kid's Sake," which is a fund raiser for Big Brothers Big Sisters to be held on January 23, 1999, at Viking Lanes. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: 12 BRIEFINGS: FLOOD REDUCTION/CONTROL-GREENWAY SYSTEM: Kit B. Kiser, Director, Utilities and Operations, introduced a briefing on the Roanoke River Sanitary Sewer Project, Greenways, and related issues. Philip C. Schirmer, Project Engineer for the Roanoke River Interceptor Sewer Replacement Project, and Project Manager for a number of greenways, presented a status report on the Roanoke River Interceptor Sewer Project along with a summary of costs to date, and a status report on current greenway projects and opportunities for future greenways. Mr. Schirmer advised that the Roanoke River Interceptor Sewer Project replaces an extension interceptor sewer that was built in the early 1950's along the Roanoke River from the Water Pollution Control Plant to the limits of the City of Salem, which is a distance of approximately nine miles. He stated that all phases are currently under construction and construction is proceeding under seven different contracts, for a total contract value of $31.$ million, project costs are shared, with the City of Roanoke, City of Salem and Roanoke County funding approximately one-third each, and to date, approximately $10 million has been spent on project construction. He stated that approximately three miles have been completed, representing about 35 per cent of the total project, for a schedule completion date of December 23, 1999, and total change orders to date are less than one per cent of the total contract value. He advised that the most challenging part of the project has been dealing with a number of environmental issues, and City staff spent approximately three and one-half years in the design and permit phase of the project, which required separate permits from the Department of Environmental Quality, the Virginia Marine Resources Commission, Virginia Game and Inland Fisheries, the National Fish and Wildlife Services, U. S. Army Corp of Engineers, Norfolk Southern and the Virginia Department of Health. He stated that the City is in compliance with all permit conditions. He explained that most complaints have been regarding erosion and sedimentation, and the number of trees that had to be removed in order to construct the project, advising that it is a necessity to cut trees as a part of this type of project, however, approximately 250 replacement trees and approximately 1500 shrubs are included in the contract, and the City has worked with the U. S. Army Corp of Engineers and the Department of Environmental Quality to correct erosion and sediment control issues. He explained slides displaying various phases of the work. 13 Mr. Schirmer advised that two greenway projects are included in the capital improvement program: the railside linear walk which links the City Market to the Transportation Museum, and portions of the project have been constructed, or are currently under contract to be constructed, with the remaining portions to be bid over the next month and anticipated to be completed in the fall of 1999. He further advised that the second project is the Mill Mountain Greenway which links the City Market to the Mill Mountain Star; Council action on the design contract for the project took place approximately one month ago, the design phase of the project has begun and a portion of the project could be bid in the spring or summer of 1999. He called attention to a number of greenway projects that are ongoing in the City and are not listed in the Capital Improvement Program; viz: Lick Run Greenway which links Valley View Mall to the Hotel Roanoke, a distance of approximately two miles, which is a project that has been assumed by the Greenway Commission and connects to the new interchange crossing 1-581, and Council appropriated additional funds to accommodate a pedestrian linkage across the bridge. He stated that the second project is the Tinker Creek Greenway which was discovered as a part of routing efforts and the sewer project that was constructed up Tinker Creek, the project would link to the Indian Village Housing area at Wise Avenue with the Roanoke River, all plans have been designed, the majority of the project can be built on lands that are owned by the City of Roanoke, the project is currently in a bid-ready condition and costs are estimated to be approximately $300,000.00. He added that the next project is the Greater Raleigh Court Greenway which is in the early conceptual planning stages that proposes to link the Patrick Henry High School area with the James Madison Middle School area, a length of approximately two miles; and the Mill Mountain Star Trail which is a primitive trail that was constructed by volunteers in conjunction with the Parks and Recreation Department. Mr. Schirmer advised that there are a number of opportunities for greenways in the City of Roanoke, nothing has been done in connection with the construction of the sewer interceptor that would preclude the development of a greenway along the sewer corridor; and much of the information that the City collected to build the sewer interceptor such as surveys, property information, title information, and environmental studies, etc., could be reused by any greenway planning effort that would be proposed for the Roanoke River. He explained that the greenway along the Roanoke River poses a much different design task than routing a sanitary sewer pipeline along the river because there are a number of other challenges that deal with property rights 14 from private property owners, such as issues of public access, safety and security, lighting, maintenance and parking, many of which are unique to a greenway that might not be considered in the design of a sewer project. John G. Reed, Civil Engineer II, presented an update on the status of the recreational trail of the Roanoke River Flood Reduction Project. He advised that significant floods have occurred on the Roanoke River about once every seven years, and in 1985 the highest ever flooding situation occurred which caused an estimated $100 million in damage on the Roanoke River alone; in 1989, the citizens of Roanoke passed a $7.5 million bond referendum for partial funding of the City's portion of the Roanoke River Flood Reduction Project, in 1990, the City signed an agreement with the U. S. Army Corp of Engineers committing to construct the project, and in May 1998, following extensive environmental testing, the project was approved for construction. He explained that the current flood reduction project contains several components designed to reduce flood damage along the Roanoke River: one component was completed in the early 1990's and included flood proofing of the Water Pollution Control Plant and Roanoke Memorial Hospital, and remaining components include approximately five and one-half miles of brush removal, three and one- half miles of channel excavation, one and one-half miles of stabilization using rock rif raf, one and one-half miles of stabilization using vegetation, replacement of trees and shrubs throughout the project, one-half mile of flood control walls, two Iow water bridges, and a two and one-half mile recreational greenway trail. He stated that the recreational trail included in the flood reduction project was originally intended to extend the entire nine mile length of the project; however, due to hazardous materials that were discovered on several properties and removal of certain physical constraints due to cost such as existing buildings, routes, and topography in the upper and lower portions of the trail, the remaining recreational trail which is currently a part of the flood reduction project is located in approximately the middle of the flood reduction project (the trail will run through Wasena Park under Main Street and across the Iow water bridge through Smith Park, across the other Iow water bridge, down through River's Edge Park and up to the Walnut Street Bridge where it will connect with the Mill Mountain Greenway trail). He noted that the 2.4 mile flood reduction trail will be 12 feet wide, asphalt paved and will be separated from all vehicular traffic for its entire length. He stated that due to excavation that will take place in Wasena Park as part of the flood reduction project, about one-half mile of existing Wiley Drive between 15 Winchester Avenue and Main Street Bridge will be removed, therefor, there will be no vehicular traffic over that portion of the park after the flood reduction project is completed; however, there will be a recreational trail that will provide access to the river. He stated that access to Wasena Park will then be from Winchester and Winona Avenues, Wiley Drive will remain open for vehicular traffic through Smith and River's Edge Parks, and the new bridges that will be constructed on either end of Smith Park will be widened to include a separate lane for the recreational trail. He further stated that the flood reduction trail is currently under design by the U. S. Army Corp of Engineers and should be completed within the next three to five years, and a small portion of the trail located in Smith Park has recently been completed as a part of the sewer interceptor project. He explained that as the parties move toward construction on the flood reduction proJect, the City and the U. S. Army Corp of Engineers each have unique responsibilities, the Corp of Engineers will complete the plans and specifications and the City will be responsible for all property acquisition and utility relocations, and over the next 18 months, the City will acquire property rights as well as relocate water, sewer, gas and electric lines as necessary. He stated that the current target for bidding the project is sometime in the year 2000 and the current estimated cost for the entire flood reduction project is $43 million, with the City's portion of the cost estimated to be $14.2 million. There was discussion as to what actions have been taken by those governments upstream of the Roanoke River to address flood control/reduction. Regarding the Roanoke River, Mr. Reed advised that Roanoke County, Salem and Vinton were originally approached by the U. S. Army Corp of Engineers to look at flood reduction along the Roanoke River and those localities declined to participate, therefor, the City of Roanoke is the only jurisdiction that has remained in the Corp of Engineers flood reduction project. Mr. Reed presented a status update on the Roanoke River Regional Storm Water Management Plan which was completed approximately one year ago by Dewberry and Davis, and Associates, with maps showing the watersheds that were included in the regional storm water management plan. He stated that eight of the 16 watersheds that were studied had portions within the City of Roanoke and because Roanoke City is on the lower end of the watersheds, what happens in the surrounding jurisdictions does affect the amount of water runoff that the City has to deal with and for that reason the City has been reviewing and addressing storm water from a regional 16 standpoint. However, currently, he noted that there are no Federal or State regulations that require full reduction of additional flows from development coming down stream, therefor, Roanoke City will continue to see high levels of flooding as upstream areas develop. He advised that regulations that deal with site retention requirements address peak flows, but they do not reduce the extra volume when an area is paved, so in larger watersheds the extra water accumulates which translates into higher flooding depths. There was continued discussion as to how other jurisdictions in the Roanoke Valley have addressed flood control issues; whereupon, the City Manager advised that water runs down hill and the City of Roanoke is geographically located at the bottom of the hill, Roanoke Valley governments have begun technical conversations to compile data and a big decision faces the governments of the Roanoke Valley as to whether they are willing to cooperate on these projects and to identify a source of funds to pay for the necessary improvements. The Mayor expressed concern about flooding conditions in Roanoke City as a result of development in other jurisdictions upstream of the Roanoke River; and questioned how the City can justify spending taxpayers' money to correct those problems that the City of Roanoke did not create. Following discussion, it was the consensus of Council, that the City Clerk be instructed to include an item on future meeting agendas with Roanoke County, Salem and Vinton to discuss regional cooperation in addressing flood control/reduction issues. Mr. Reed presented slides showing the effect of some of the upstream watersheds on Glade Creek. He advised that some of the houses in that area were constructed many years before regulations were passed to keep structures from being built in the flood plain and since that time regulations have been enacted that would prevent the houses from being constructed in their current location. From a technical standpoint, he noted that the houses would be flooded even if there were no development in the upstream watersheds because the houses are poorly sited and the regional plan identified approximately 900 structures city-wide that are located in the 100 Year Flood Plain and subject to flooding. He advised that since the regional plan was adopted by Council in the City's Comprehensive Plan in March 1998, work has been ongoing to address certain recommendations contained in the plan, a citizens advisory committee has met since 1996 17 consisting of members from all of the participating communities and the citizens advisory committee is addressing recommendations on how to proceed with implementation. He stated that five of the three projects within the City of Roanoke that were identified by the Regional Storm Water Management Plan have either been constructed or are currently under construction as a part of the Capital Improvement Program. He explained that remaining regional projects, as well as other small neighborhood projects, are estimated to cost over $31 million and there are ongoing maintenance costs associated with maintaining drainage systems. He advised that in November 1997, Council was briefed on funding options to address flooding in Roanoke; historically, the City has relied on bond funding for drainage improvements; however, other Virginia localities have discovered that the normal funding sources have not been reliable, equitable or adequate to fund storm water management. He reviewed information on Virginia localities that have adopted storm water utilities to fund storm water programs and the annual rate charged per residential unit. Mr. Reed advised that specific implementation goals for the regional plan include completing the City's geographical information system, or GIS, which will allow faster and more accurate response to citizens with drainage problems and since many flood prone structures cannot be feasibly protected by drainage projects, the City will continue to pursue current programs for the purchase and removal of some of the more flood prone structures. He stated that water quality will become an issue with the upcoming NPDES Permit (National Pollution Discharge Elimination System) required by the Environmental Protection Agency and compliance with the permit will come at a significant annual cost which will begin in the next several years. He further stated that maintenance, water quality and an ongoing Capital Improvement Program will require the City to identify future funding, and a feasibility study for a storm water utility will be conducted which will involve citizen input. Mr. Kiser presented a briefing on the status of the Spring Hollow water flow requirements and monitoring, which is a major source of water supply for Roanoke County where water is diverted for future treatment and distribution to County citizens. He explained that there are two types of permits, a Department of Environmental Quality permit and a Federal Corp of Engineers permit and following discussions at a meeting in September 1998 with representatives the U. S. Army Corp 18 of Engineers, the Department of Environmental Quality, the State Department of Game and Inland Fisheries, and Roanoke County it was determined that Roanoke County is in compliance with permit requirements for Spring Hollow Reservoir as of September, 1998. The Mayor requested that Council be provided with an annual report on flow requirements and monitoring at Spring Hollow Reservoir. Elizabeth Belcher, Coordinator, Roanoke Valley Greenways, presented an update on the status of greenway projects throughout the Roanoke Valley. She advised that the greenway program on the east coast started in Raleigh, North Carolina, because of the flood of 1974, and the City of Raleigh has a mandatory 50' - 75' set aside buffer requirement when any development is approved to provide for a large buffer on each side of the creeks and rivers which also serves as a land use alternative. She referred to the new Project Impact Study and suggested that that could also be a way to look at some of the land use alternatives in the Roanoke Valley from a regional standpoint and how land is used and how development taking place along streams and rivers contributes to flooding. She referred to a state wide report which was released in September that was prepared by the Chesapeake Bay Committee and signed by the Governor suggesting a 35 foot forested or vegetated buffer on each side of every creek or stream in the state. She advised that in the Roanoke Valley, greenway advocates first came to City staff in 1993 to request that greenways be constructed in conjunction with the sewer project, and, in response to the request, in 1995 the four local governments: Roanoke City, Salem, Roanoke County and Vinton appointed a greenway open space steering committee and each locality appointed three representatives to the committee, with the Fifth Planning District Commission serving as staff to the committee. At the end of 1995, Ms. Belcher stated that the conceptual greenway plan was completed, and in January 1996, the steering committee selected the Mill Mountain project as the pilot greenway project to be constructed to show the Roanoke Valley what a greenway could be. She stated that in 1997, the Roanoke Valley Greenway Commission was established with the signing of the intergovernmental agreement and the greenway commission replaced the steering committee, with each locality appointing three members to the greenway commission. Later in 1997, she noted that each of the four localities adopted the conceptual greenway plan as a part of the comprehensive plan, and in August 1997, the first section of greenway 19 in the Roanoke Valley opened with the dedication of the greenway in Garst Mill Park in Roanoke County. She stated that the conceptual plan shows 51 roads across the Roanoke Valley, many of which run along streams and the river, with some on road and some off road. She further stated that each locality is responsible for the development of greenways in its jurisdiction and the greenway commission coordinates between the localities and a non-profit group, "Pathfinders for Greenways", to coordinate volunteer participation and funds for some of the projects. Ms. Belcher advised that each greenway project goes through three steps: (1) the feasibility analysis or conceptual stage, (2) the design and engineering stage where a development standard is prepared, and (3) construction of the project. She stated that the Roanoke Valley has developed three greenway standards to match the environment in which the greenway is located; viz: Category A greenway would be an urban greenway in an urban environment and many of the projects in Roanoke City will be classified as Category A projects; Category B would include a project that is moving out of the more developed urban areas to the perimeter of the Roanoke Valley - Salem, Roanoke County, and Vinton, or into a more natural environment; and Category C would be an area which would connect from Mill Mountain to Explore Park in a more natural wooded environment. Ms. Belcher advised that the conceptual greenway plan lists 11 priorities which were developed as a result of public input meetings in response to public desires for greenways and with input from the greenway steering committee; viz: Roanoke River, Mud Lick Creek, Garst Mill Park, Blue Ridge Parkway, Hanging Rock Battlefield trail in Salem and Roanoke County, Tinker Creek Greenway from Roanoke City to Roanoke County, Mill Mountain Greenway from the City Market to Mill Mountain and ultimately to Explore Park, Appalachian Trail connection via Carvins Cove, Route 419 would have bicycle accommodations along the road, Wolf Creek Greenway in Vinton and Roanoke County, and Route 24 would tie into the Blue Ridge Parkway to provide accommodations for bicycles to the parkway and connections to existing horse trails. She presented a status report on each of the above priorities. On behalf of the Roanoke Valley Greenways Commission, Ms. Belcher encouraged Council to finalize the location of that section of the Roanoke River Greenway through Roanoke City, because the Flood 20 Reduction Project includes construction of 2.4 miles of greenway, and also includes acquisition of drainage easements the length of the project and in those instances where the two projects coincide, and where locations are suitable to have both, it would be advantageous to acquire greenway easements at the same time that drainage easements are acquired. Ms. Belcher advised that Valley-wide for 1995-1998, $3.25 million in Federal, State and Local funds are committed to greenway projects, however, all of the funds have not been spent, over 3000 annual volunteer hours are expended by greenway volunteers, and in 1999, numerous greenway efforts will take place; i.e.: the first section of the Roanoke River Greenway in Roanoke City will open with the ribbon cutting on January 5, 1999, the Mill Mountain Star Trail will open in April 1999, Wolf Creek Greenway in Vinton will open on May 3, 1999; the Governor's Conference on Greenways and Trails will be held in Roanoke on May 2 - 4, 1999, which is the first such conference in the State; and Hanging Rock Battlefield Trail and the Lick Run Greenway will open in the summer of 1999. Question was raised as to whether the disabled community has had an opportunity to provide input to the Roanoke Valley Greenway Commission; whereupon, Ms. Belcher advised that all projects involving Federal or State funds are required to address regulations of the Americans with Disabilities Act. She stated that projects must be handicapped accessible, available to the disabled, and meet slope requirements and landing grade and surface requirements. She explained that Category C projects (those projects that are included in a more natural wooded environment) will not always meet grade requirements for wheel chair accessibility, but Category A and Category B projects will meet the requirements of the disabled. She stated that representatives of the Mayors' Committee for Persons with Disabilities have attended meetings of the Greenways Standards Committee and they have agreed to review projects as designs come in. Vice-Mayor Harris advised that Council has discussed such matters as regional parks, regional coordination of residential and commercial development, regional storm water planning or lack thereof, regional flood reduction, a regional approach to ridge line protection, regional greenways and recreational trails, and regional road and traffic patterns, all of which are planning ideas and issues. He proposed that Council consider appointment of a regional planning 21 council composed of representatives of the Roanoke Valley governments such as an administrator from each locality, an elected official from each of the governing bodies, and a member from each of the planning commissions of each governing body. He stated that the regional planning council would meet on a regular basis and serve as the driving force on bringing issues to the attention of the Roanoke Valley governments. He spoke in support of obtaining information from the National League of Cities and the Fifth Planning District Commission on those types of regional planning entities that have worked in other areas. He advised that the information could be compiled within 30 - 60 days for further discussion by Council. William Tanger, representing Friends of the Roanoke River, spoke to the issue of erosion and sediment control on the Roanoke River Interceptor Sewer Project and advised that contract documents did not include good erosion and sediment control specifications, whereupon, he encouraged that the proper specifics be included in future contracts. He discussed coordination in conjunction with the greenway project, and advised that approximately three years ago, he requested that the City appropriate funds to study the Roanoke River greenway and to coordinate the sewer project and the flood reduction project, at which time Council agreed to set aside approximately $30,000.00; however, those funds were spent on Tinker Creek and other matters, etc. He suggested that $30,000.00 would be an adequate amount of funds to study the Roanoke River Greenway and basic coordination with the sewer project and the flood reduction project. He called attention to a number of actions that will occur with the sewer line project and the flood reduction project which are unclear, and there are numerous instances relating to the current project that do not make sense in light of future projects. He advised that Friends of the Roanoke River opposed the current flood reduction project and proposed an alternative plan; the Federal Emergency Management Association (FEMA) has developed a totally new approach to flood reduction which is to look at the long term picture which calls for focusing much more attention on the flood plan and the removal of buildings and potentially damageable items from the flood plain and the City should do likewise; and the Commonwealth of Virginia is looking more toward watershed areas rather than political boundaries which is appropriate in regard to flood reduction issues. He advised that the City might wish to consider a watershed authority because of quantity of water, quality of water and degree and severity of flood issues. He advised that in his presentation, Mr. Schirmer stated that 250 trees will be replaced; however, more than 250 trees are proposed to be 22 removed, therefore, more replacement trees are needed; and flooding will increase every year that there is development upstream of the Roanoke River, and it is believed that the City and other localities have not sufficiently reviewed those measures that would reduce flooding, one of which is the use of pavers that are not impervious. He encouraged Council to adopt incentives that will encourage developers to take measures that will reduce the impact of flooding. Duane Howard, representing the Mayors' Committee for People with Disabilities, expressed concern with regard to the proposed closure of a section of Wiley Drive, not only for those persons with physical disabilities but for all citizens who enjoy Wiley Drive. He called attention to current problems along Wiley Drive concerning alcohol, drugs and solicitation and advised that the problems will be compounded if the road is closed. He referred to the three categories of greenways previously discussed by Ms. Belcher in which she stated that a Category B greenway is not a paved greenway; whereupon, Mr. Howard stressed that anything less than a paved greenway would be difficult for not only persons with disabilities but for elderly citizens and children in strollers, etc. He endorsed the need for Category A greenways as much as possible. Lee B. Eddy, Chairperson, Roanoke Valley Greenway Commission, advised that some time ago he forwarded information containing 20 essays on local government in the Roanoke Valley, one of which related specifically to storm water management, funding, and coordination among local governments, and encouraged the Members of Council to read the essay which would provide relevant background information. The Mayor called attention to certain unanswered questions in regard to coordination of the Roanoke River Flood Reduction Project and greenways; whereupon, the City Manager advised that the City is under a Consent Order to move forward with the sewer line project, and the Roanoke River Flood Reduction Project is being designed by the U. S. Army Corp of Engineers. He stated that the City had no choice but to move forward in a timely manner with the Sewage Treatment Plant expansion, and the City is not in control of the process on timing of the repairs and/or upgrade of the Water Pollution Control Plant. There was discussion with regard to how to move forward and to meet the requirements of the Consent Order on the Water Pollution Control Plant; whereupon, the City Manager advised that staff=will meet 23 with Ms. Belcher to discuss greenway concerns and to determine if there is a way to overlay the planning process, and City staff will also research the suggestion of Vice-Mayor Harris regarding a regional planning council. He stated that it is clear that Council is frustrated with the issue of what other governing bodies are doing to address flood reduction/control upstream of the Roanoke River, and advised that the citizens advisory committee will make a uniform recommendation to each of the governing bodies for discussion. Prior to placing an item on future meeting agendas with other local governing bodies as to what they are doing to address flood reduction/control issues, he suggested that the citizens advisory committee be permitted to make their recommendations to this respective governmental jurisdictions. ACTION: Without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: TRAFFIC-STATE HIGHWAYS-TEA-21: The City Manager submitted a written report advising that the Transportation Equity Act for the 21st Century (TEA-21) was signed into Federal law in June, 1998; this action reauthorized the Federal surface transportation programs for six years, from fiscal year 1998 to 2003, replacing the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA); TEA- 21 provides $215 billion in spending authority for highways and transit, including $3 billion for safety construction, including road hazard reduction and improved safety at rail-highway grade crossings; Virginia Department of Transportation (VDOT) project applications were submitted in June, 1998, and one application for a railroad grade crossing project was submitted to VDOT by the City, which project was selected by staff based upon site review and citizen complaints; and the application covers installation of gates at the railroad crossing on Norfolk Avenue west of 3rd Street, S. E. It was further advised that VDOT has approved the project application, and the project will be authorized by VDOT upon receipt of a resolution from Council and will be included in the next update of VDOT's Six-Year Improvement Program (fiscal year 1999-2000); and local share of project cost is estimated at $200.00. 24 ACTION: The City Manager recommended that Council request, by resolution, that VDOT program the safety project as an urban highway project; that the City Manager be authorized to execute the railroad crossing agreement for the project on behalf of the City in a form to be approved by the City Attorney; and indicate that if the City cancels the project in the future for any reason, the City would pay 100 per cent of all costa associated with any work completed on the canceled project between the time of programming and the cancellation notice. (This type of statement is usual and typical of all transportation project programming requesta made by municipalities throughout Virginia). (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34136-010499) A RESOLUTION requesting the Virginia Department of Transportation to program a safety project, Norfolk Avenue, S. E., railroad grade crossing, as an urban highway project. (For full text of Resolution, see Resolution Book No. 61, page 332.) Mr. Trout moved the adoption of Resolution No. 34136-010499. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS-SEWERS AND STORM DRAINS-HOTEL ROANOKE CONFERENCE CENTER- VIRGINIA TECH-WATER RESOURCES: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of November, 1998. (For full text, see Financial Report on file in the City Clerk's Office.) 25 Council Member Swain requested an annual projection on revenue to be generated to the City as a result of the five per cent increase in the water and sewer rates which took effect on August 1, 1998; and a list of projects proposed to be completed as a result of the five per cent increase in water and sewer rates. Council Member White inquired as to whether the Hotel Roanoke Conference Center Commission has established a policy regarding depreciation funding for the Conference Center and if the current $900,000.00 appropriation is sufficient. The Director of Finance advised that the Hotel Roanoke Conference Center Commission has entered into discussions regarding renovations that occur after a facility is open, the Conference Center is not at the level where it should be, and further discussion by the Commission will take place as a part of budget deliberations. Mr. White requested that the question of the operating subsidy for the Hotel Roanoke Conference Center be referred to 1999-2000 budget study for discussion. Without objection by Council, the Mayor advised that the financial report for the month of November would be received and filed. CITY CODE-TAXES-TELEPHONE COMPANIES: The Director of Finance submitted a written report advising that in the administration of local taxes, it is standard business practice to provide for a penalty on unpaid delinquent accounts; most local taxes (Prepared Food & Beverages, Transient Occupancy, Admissions, purchase of Utility Service, Real Estate, Personal Property and Business License) provide for a penalty for late remittances; however, Sections 32-275 - 32-282.1 of the City Code do not provide for a penalty on the seller for the Special Tax on Consumers of Local Telephone Service commonly known as the "E-911 Tax" for late remittance. It was further advised that Section 32-291 of the City Code provides for a "Seller's Discount" on the Prepared Food and Beverage tax where, if paid on time, the seller is allowed as compensation three per cent of the amount of the tax collected and remitted to the City; the City Code governing this provision also states that if the remittance is late, the seller cannot deduct the seller's discount; the only other local tax that provides for a Seller's Discount is the E-911 tax; and currently, Section 32.282 of the City Code does not provide the corresponding language to disallow the seller's discount on late remittances, however, the City Code provides for a Class 4 misdemeanor for failure to pay. 26 ACTION: The Director of Finance explained that in order to insure prompt payment of the E-911 tax and to be fair and consistent with the collection of local taxes, it is recommended that the City Code be changed to provide for a late payment penalty of ten per cent of the tax due; and it is also recommended that the seller's discount not be allowed when the payment is late, effective February 1, 1999. (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: (#34137) AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by amending and reordaining §32-282, Compensation of seller, to provide that no compensation shall be allowed to any seller when the amount due is delinquent at the time of remittance; by enacting new section 32-283, Penalty for late remittance, to provide for a penalty of ten (10) percent of the tax due applicable to any seller who shall fail or refuse to remit to the treasurer the tax required within the specified time; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 61, page 337.) The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-CITY SHERIFF-PENSIONS: The Director of Finance submitted a written report advising that Council, on Monday, May 18, 1998, adopted Resolution No. 33845-051898 granting City of Roanoke Pension Plan members who retire on or after July 1, 1998, with 20 or more years of City of Roanoke creditable service, a monthly supplement of $159.00 until age 65; however, the resolution did not include the City Sheriff and his employees because they are members of the Virginia Retirement System. It was further advised that the City entered into a contract with the Honorable George M. McMillan, Sheriff, dated June 24, 1998, which provides that all fringe benefits available to City employees would be 27 provided to the Sheriff's officers and employees; whereupon, the Director of Finance recommended that the City Sheriff and his employees, who retire on or after July 1, 1998, with 20 or more years of City of Roanoke creditable service, be eligible for the $159.00 monthly supplement as provided for City employees, all other Constitutional officers and their employees. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#34138-010499) A RESOLUTION providing for payment of a monetary supplement to certain officers and employees of the City of Roanoke Sheriff's Department who retire prior to attaining age sixty- five. ACTION: (For full text of Resolution, see Resolution Book No. 61, page 333.) Mr. Hudson moved the adoption of Resolution No. 34138-010499. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. REPORTS OF COMMITTEES: BUDGET-PUBLIC WORKS: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for construction of certain improvements at the City's Public Works Service Center, in order to comply with State and Federal environmental regulations. It was advised that certain improvements at the City of Roanoke Public Works Service Center are recommended to comply with State and Federal environmental regulations; and recommended improvements include construction of a vehicle wash rack that will direct soiled wash water to the sanitary sewer system and construction of a containment system for liquid roadway de-icing solutions. 28 It was further advised that the project for the public facility improvements was advertised on Sunday, November 5, 1998; four bids were received, with Hammond-Mitchell, Inc., submitting the Iow bid, in the amount of $86,200.00, and total construction cost is estimated as follows: Construction Contract Contingency Total $86,200.00 8,600.00 $94,800.00 The Bid Committee recommended that Council approve the following actions: Authorize the City Manager to execute a unit price contract, in a form to be approved by the City Attorney, with Hammond-Mitchell, Inc., in the amount of $86,200.00, with 90 calendar days for completion and a project contingency of $8,600.00. Authorize the transfer of $94,800.00 from Account No. 008- 052-9670-9003 to an account to be established by the Director of Finance entitled, "Public Facility Improvements - PWSC." ACTION: The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34139-010499) 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 334.) Mr. Swain moved the adoption of Ordinance No. 34139-010499. The motion was seconded by Mr. Hudson and adopted by the following vote: 29 ACTION: AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. Mr. Swain offered the following emergency ordinance: (#34140-010499) AN ORDINANCE accepting the bid of Hammond- Mitchell, Inc., for the public facility improvements at the Public Works Service Center, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 335.) Mr. Swain moved the adoption of Ordinance No. 34140-010499. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: FIRE DEPARTMENT-CITY PROPERTY-WATER RESOURCES: Ordinance No. 34127, authorizing the City Manager to execute a Permit Agreement containing indemnification language to provide for the removal of a fire escape on the rear portion of the structure on real property identified as Official Tax No. 1011512, commonly known as 118 Campbell Avenue, S. W., having previously been before the Council for its first reading on Monday, December 21, 1998, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: 3O ACTION: (#34127-010499) AN ORDINANCE authorizing the City Manager to execute a Permit Agreement containing indemnification language to provide for the removal of a fire escape on the rear portion of the structure on real property identified by Official Tax Map No. 1011512, commonly known as 118 Campbell Avenue, S. W. (For full text of Ordinance, see Ordinance Book No. 61, page 327.) Mr. Trout moved the adoption of Ordinance No. 34127-010499. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. ZONING: Ordinance No. 34133, amending a condition proffered in conjunction with the rezoning of a tract of land lying on the southerly side of Campbell Avenue, S. E., bearing Official Tax No. 4011103, which property was previously conditionally rezoned by the adoption of Ordinance No. 33012-070196, adopted July 1, 1996, having previously been before the Council for its first reading on Monday, December 21, 1998, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (#34133-010499) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 401, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned C-3, Central Business District. (For full text of Ordinance, see Ordinance Book No. 61, page 327.) Mr. Trout moved the adoption of Ordinance No. 34133-010499. 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. 31 ACTION: ZONING: Ordinance No. 34134, repealing Ordinance No. 34057- 110298, and rezoning a tract of land located on the east side of Kimball Avenue, N. E., Official Tax No. 3030101, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, pursuant to a petition filed in the City Clerk's Office on August 6, 1998, having previously been before the Council for its first reading on Monday, December 21, 1998, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (#34134-010499) AN ORDINANCE repealing Ordinance No. 34057- 110298, and amending §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 303, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 61, page 329.) Mr. Trout moved the adoption of Ordinance No. 34134-010499. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. ZONING: Ordinance No. 34135, rezoning 15 parcels of land located in the 1700 block of Loudon Avenue, N. W., and in the Hyde Park neighborhood in the northwest quadrant of the City, bounded generally by 17th Street on the east and 18th Street on the west, to the north and south, those alleys behind the homes facing Loudon Avenue, N. W., identified as Official Tax Nos. 2211901-2211907, inclusive, and 2211312-2211319, inclusive, from LM, Light Manufacturing District, to RM-1, Residential Multifamily, Low Density District, pursuant to a petition filed in the City Clerk's Office on October 23, 1998, having previously been before the Council for its first reading on Monday, December 21, 1998, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (#34135-010499) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 221, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. 32 ACTION: (For full text of Ordinance, see Ordinance Book No. 61, page 330.) Mr. Trout moved the adoption of Ordinance No. 34135-010499. 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. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: STATE HIGHWAYS-TRANSPORTATION SAFETY: Council Member White called attention to the number of major accidents on Interstate 81, and requested that the Mayor advise appropriate State and Federal officials of the City's concern that proposed improvements should be addressed as soon as possible, and that alternative means of increasing vehicular safety should be explored prior to construction of Interstate 81 improvements. ACTS OF ACKNOWLEDGEMENT: Inasmuch as former Mayor Noel C. Taylor retired from the pastorate at High Street Baptist Church on December 31, 1998, it was the consensus of Council that the City Attorney be requested to prepare the proper measure recognizing Dr. Taylor's many years of service to High Street Baptist Church and to the Roanoke community. POLICE DEPARTMENT-TRAFFIC-LEGISLATION: Council Member Swain requested information in regard to the penalty for failure to display a current vehicle inspection sticker and failure to display a current City decal. He inquired as to the financial impact of increasing the fines by ten per cent, 25 per cent and 50 per cent. The Mayor discussed the matter of enacting a prosecution fee which would be assessed by the Courts and payable to the Commonwealth's Attorney and a police investigation fee. He inquired if the Commonwealth of Virginia has adopted enabling legislation authorizing cities to impose such fees. 33 ACTION: It was the consensus of Council that the above matters would be referred to the City Manager, City Attorney and Director of Finance for report to Council at the Financial Planning Workshop on Saturday, January 16, 1999. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: COMPLAINTS-COUNCIL: Mr. Robert Gravely, 1412 Moorman Road, N. W., addressed Council in regard to local government invoking the wrath of God as a result of sin, lack of growth in the City of Roanoke, and the fate of disadvantaged persons who do not benefit from the fruits of their labor. At 6:10 p.m., the Mayor declared the meeting in recess. At 6:35 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: With respect to the 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 Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there are vacancies on the Roanoke Neighborhood Partnership Steering Committee created by the expiration of the terms of office of Lenora Williams, Steven Goodwin and Gary J. Foutz, and called for nominations to fill the vacancies. Mr. White placed in nomination the name of Richard J. Nichols. Mr. Harris placed in nomination the name of Mark E. Peterson. 34 Mr. Hudson placed in nomination the name of George M. McMillan. ACTION: ACTION: ACTION: There being no further nominations, Messrs. Nichols, Peterson and McMillan were appointed as members of the Roanoke Neighborhood Partnership Steering Committee, for terms ending November 31, 2001, by the following vote: FOR MR. NICHOLS, MR. PETERSON AND MR. MCMILLAN- Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers .............................................................................. 7. OATHS OF OFFICE-COMMITTEES-ZONING: The Mayor advised that the terms of office of Robert R. Copty and Benjamin S. Motley as members of the Board of Zoning Appeals expired on December 31, 1998, and called for nominations to fill the vacancies. Mr. Hudson placed in nomination the names of Robert R. Copty and Benjamin S. Motley. There being no further nominations, Mr. Copty and Mr. Motley were reappointed as members of the Board of Zoning Appeals, for terms ending December 31, 2001, by the following vote: FOR MR. COPTY AND MR. MOTLEY: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ................... 7. OATHS OF OFFICE-COMMITTEES-BLUE RIDGE COMMUNITY SERVICES: The Mayor advised that the term of office of Delores Y. Johns as a member of the Blue Ridge Community Services Board of Directors expired on December 31, 1998, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Delores Y. Johns. There being no further nominations, Dr. Johns was reappointed as a member of the Blue Ridge Community Services Board of Directors, for a term ending December 31, 2001, by the following vote: FOR DR. JOHNS: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers .................................................... 7. 35 OATHS OF OFFICE-COMMITTEES-COMMUNITY PLANNING: The Mayor advised that the terms of office of Gilbert E. Butler, Jr., D. Kent Chrisman and Melvin L. Hill as members of the City Planning Commission expired on December 31, 1998, and called for nominations to fill the vacancies. Mr. Harris placed in nomination the names of Gilbert E. Butler, Jr., D. Kent Chrisman and Melvin L. Hill. There being no further nominations, Mr. Butler, Mr. Chrisman and Mr. Hill were reappointed as members of the City Planning Commission, for terms ending December 31, 2002, by the following vote: FOR MESSRS. BUTLER, CHRISMAN AND HILL: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ......... 7. There being no further business, the Mayor declared the meeting adjourned at 6:40 p.m. ATTEST: APPROVED Mary F. Parker City Clerk David A. Bowers Mayor 36 FINANCIAL PLANNING SESSION ........... ROANOKE CITY COUNCIL January 16,1999 8:30 a.m. The Council held its Financial Planning Session on Saturday, January 16, 1999, at 8:30 a.m., in the Conference Room at the Roanoke Regional Airport, with Mayor David A. Bowers presiding. PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ......................................................................................................... 7. ABSENT: None ..................................................................................... 0. OTHERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor; Willard N. Claytor, Director, Real Estate Valuation; William F. Clark, Director, Public Works; Kit B. Kiser, Director, Utilities and Operations; George C. Snead, Jr., Director, Public Safety; Glenn D. Radcliffe, Director, Human Development; George M. McMillan, City Sheriff; David C. Anderson, City Treasurer; Ann H. Allen, Manager, Accounting Services; Philip C. Schirmer, Civil Engineer; Sherman M. Stovall, Budget/Management Analyst; Jesse A. Hall, Deputy Director of Finance; Diane S. Akers, Budget Administrator; Kenneth S. Cronin, Manager, Personnel Management; Lori S. Spencer, Budget Analyst; Barry L. Key, Manager, Office of Management and Budget; and Angelita Y. Plemmer, Public Information Officer. Mr. William G. Ammen, 4938 Greenlee Road, S. W., requested that Council reduce the real estate tax rate by two cents in 1999, and that Council make a commitment to reduce the City's real estate tax rate until it reaches the same level as the City of Salem, which is $1.18 per $100.00 of assessed value. For the purpose of clarification, discussion throughout the remainder of the foregoing minutes relates to pages contained in a notebook entitled, "Budget and Financial Planning Work Session - January 16, 1999" on file in the City Clerk's Office. Ms. Akers reviewed portions of the Capital Improvement Program for Fiscal Years 1999 - 2003. (See document on file in the City Clerk's Office.) Mr. White referred to the growth rate of five per cent in the General Fund local tax revenues; and interest earnings on bond proceeds will not be appropriated for projects other than those included in the Capital Improvements Program until the estimate has been realized to fund the projects. He added that he did not see the benefit or impact of re-engineering on the capital debt structure, therefor, Council should engage in further discussion. Council Member Wyatt advised that items are periodically added to the Capital Improvements Program, with the current total at approximately $300 million of unmet needs. She stated that to her knowledge, Council has not established guidelines for reviewing the list on an annual basis and determining priorities. The City Manager explained that Council has before it the approved Five Year Capital Improvements Program, which has been approved by Council and funding is in place. He stated that ideas continue to surface, but those ideas do not move into the approved Capital Improvements Program without Council's approval project by project. He explained that those items referred to by Council Member Wyatt are included under Priority II Unfunded Capital Projects Requests, totaling $165,302,860.00. The City Manager advised that Vice-Mayor Harris and Council Member White have met with their counterparts on the Roanoke City School Board, and the School Board would like to meet with Council to discuss funding scenarios for high school renovation. Mr. White inquired as to City policy on existing projects that require additional funding, i.e.: if a project is estimated to cost $2 million, but the project actually costs $4 million, is the City automatically obligated to fund the additional $2 million. The City Manager advised that projects have been submitted without reliable cost estimates, and explained that the City has assisted the School system with up front funds for architectural/engineering services to provide accurate cost estimates for middle and elementary school renovations. He called attention to the need to increase estimates on the Jefferson Center Performance Hall renovation, the police building and the railside linear park, and added that Council may want to lean in the direction of not entertaining projects unless they are submitted with reliable engineering estimates. Mr. Schirmer reviewed projects completed during the last fiscal year and no longer included in the Capital Improvements Program; viz: Program expansion of Juvenile Detention Home Valley-wide Storm Water Management Plan Hunting Hills Plaza Water Fund - eight inch line - Statesman/RCIT 2 He reviewed new projects considered by Council and added to the Capital Improvements Program, viz: Regional Fire-EMS Training Center Shenandoah Hotel Partnership Victory Stadium Renovations Higher Education Center School Projects Franklin Road Water Main Replacement He reviewed projects requiring additional funding for completion of the current phase; i.e.: Jefferson Center Performance Hall Renovation ($800,000.00) New Police Building ($1,260,000.00) Railside Linear Walk ($788,500.00) Mr. Swain inquired if Roanoke County, Salem, and Vinton have contributed funds toward the railside linear walk; whereupon, Mr. Schirmer advised that there is approximately $300,000.00 of ISTEA money from the Virginia Department of Transportation to support the project, therefore, some regional money is involved. Ms. Akers reviewed the funding strategy for capital projects requiring additional funds; viz: Series 1994 General Obligation Bonds proceeds originally dedicated for Juvenile Detention Home Expansion - ($1,400,000.00). Proceeds from Roanoke Valley Detention Commission - ($700,000.00). Series 1996 General Obligation Bond proceeds dedicated for 1-581 Interchange Project - ($800,000.00). She advised that these sources of funds could be reallocated to the following projects: Jefferson Center Performance Hall Renovation - $800,000.00, new police building - $1,260,000.00, and Railside Linear Walk - $788,500.00. She stated that at the Council meeting on Tuesday, January 19, 1999, Council will be requested to approve the Updated Capital Improvements Program for Fiscal Years 1999-2003. Ms. Akers stated that there is adequate funding available to continue the Capital Improvements Program, however, there are numerous other capital needs as contained in Exhibit 3 (Priority II unfunded capital project requests) totaling $165,302,860.00 that have not been funded; whereupon, Ms. Wyatt and the Mayor advised that there should be further discussion and priorifization. The City Manager advised that discussion would be premature until the following is known: debt capacity, revenue projections, and a long range policy as to when Council wishes to hold the next bond issue. Ms. Allen reviewed debt service: Citizens approved by referendum and City Council authorized $39.03 million of General Obligation bonds as approved in the November 1997 Referendum to be issued on or after January 1, 2000. $13.01 million of the authorized amount was issued in December 1997 with the remaining $26.02 million to be issued in fiscal year 2000 with the first payment due in fiscal year 2001. $7.5 million for Roanoke River Flood Reduction Project. Bond issuance approved through voter referendum in April 1989. $2.5 million for the Higher Education Center. In adopting the fiscal year 1999 General Fund budget, City Council designated funding in the amount of $250,000.00 for these bonds. $9.0 million for Victory Stadium. In adopting the fiscal year 1999 General Fund budget, City Council designated partial funding in the amount of $300,000.00, with plans to add additional funding over the next two fiscal years. The Mayor inquired if the City has approached other Roanoke Valley jurisdictions with regard to funding assistance for the Higher Education Center; whereupon, the City Manager advised that Salem, Roanoke County and Botetourt were approached, but no response was received. The Mayor stated that the point should be made that the City of Roanoke is the only locality supporting this important project. Mr. White advised that sometimes, the issue of regional cooperation is stressed to the point that it becomes a negative rather than a positive, and if a first class higher education facility is developed, people from throughout the Commonwealth of Virginia will spend their money in Roanoke City, therefor, there will be a positive spin-off to the City. Mr. Trout advised that the Higher Education Center can be used as an economic development tool by attracting industry, thus, the City pays the price for being the leader. 4 Ms. Allen also reviewed debt service for fiscal years 1999-2014 (page 16), School Debt Service for fiscal year 1999 - 2014 (page 17), and the ratio of debt service expenditures to General Fund expenditures, per capita bonded debt for Roanoke City, Alexandria, Danville, Fredericksburg, Lynchburg, Norfolk, Portsmouth, Richmond, Salem and Roanoke County. Mr. Hall reviewed Revenue Highlights (pages 20 - 43). As an additional source of revenue, Mr. Hudson suggested a City of Roanoke vehicle license plate. Council Member Wyatt inquired about the amount of revenue that would be generated to the City if the prepared food tax is increased by one per cent from four to five per cent. She also requested specific figures on the amount of revenue generated to the City as a result of the annual local option sales tax received by the City from the sale of food and the amount of revenue as a result of the alcoholic beverage tax. Mr. Swain inquired about the amount of revenue that would be generated to the City by increasing the penalty for failure to display a current vehicle inspection sticker and failure to display a City decal; whereupon, the City Attorney advised that the City is currently at the maximum on City decal enforcement. In regard to failure to display a current vehicle inspection sticker, he called attention to a traffic infraction under State Code at $200.00, the City is currently at $100.00, and the fine could be increased to $200.00 which will not result in significant revenue to the City. The Mayor having previously raised the question as to whether the City can enforce prosecution and law enforcement fees, the City Attorney advised that the prosecution fee is addressed in the Code of Virginia, 1950, as amended. He added that the law enforcement fee is not addressed by State Code, however, all fees are controlled by the General Assembly pursuant to the Dillon Rule, and he was of the opinion that the City cannot impose any additional fees in criminal cases. Following a review of potential revenue initiatives (pages 44 - 45), Mr. Swain requested that the Director of Finance provide a recommendation with regard to a fund balance that could be used in emergencies. Mr. Grisso reviewed Local and State Tax Relief (pages 46 - 47). Council Member White having previously raised a question with regard to comparative cost of home ownership in the City of Roanoke with certain other Virginia jurisdictions, Ms. Allen explained various scenarios in Roanoke City as 5 compared with Roanoke County, Salem, Alexandria, Lynchburg and Portsmouth. She reviewed pages 49 and 50 of the CIP notebook, total expenditures per capita and taxes paid by homeowners in the City of Roanoke. Mr. Stovall reviewed pages 51 and 52, expenditures per capita regarding public safety, public works, social services, parks recreational and cultural, and community development in Roanoke City as compared with Roanoke County, Salem and all cities average. Ms. Akers reviewed pages 53 - 60 in connection with the General Fund expenditures by function and General Fund expenditures by category. She advised that General Fund expenditures are monitored monthly by both department managers and the Office of Management and Budget; as of December 31, 1998, 52.78 per cent of the budget had been obligated; most expenditures are on-target for the fiscal year and a mid-year expenditure review will be conducted on February 2. She reviewed an analysis of General Fund revenue increase for fiscal year 2000 in the amount of $3,903,546.00, which is proposed for allocation as follows: City Schools - $951,944.00, State targeted and local match - $740,800.00, Maintenance of Effort - $208,180.00, and Priority Items - $2,002,622.00. She also reviewed the following priority funding items for fiscal year 2000: Employee Pay and Benefits - For Demonstration Purposes, 3 per cent = $1,850,000.00 Pay Plan Recommendations - ? ICMA Match Increase - $125,000.00 Retirement Supplement to Age 65 ($159 per month) - $100,000.00 Health Insurance - $387,795.00 Police Reorganization/Program Enhancements - $200,000.00 Juvenile Detention Center Staffing - $125,000.00 Juvenile Detention Commission Operations -3 months -$100,000.00 Community Planning Staffing/Operations - $75,000.00 Social Services - Foster Care - Local Match - $35,000.00 Cultural/Human Services - $42,000.00 6 Curb, Gutter and Sidewalk- $100,000.00 Fleet Replacement - $75,000.00 Fixed Asset Maintenance - $50,000.00 Victory Stadium Capital Funding - $300,000.00 Additional Debt Service - $100,000.00 Landfill Tipping Fees - $96,700.00 State Tax on Landfills ($1 per ton) - $50,000.00 Landfill Tonnage Increase - $184,705.00 Homeowner's Free Disposal Program -$189,475.00 CIS Operating Costs - $100,000.00 50th Anniversary of Star Celebration - $25,000.00 YWCA Children's Garden - $400,000.00 Northwest Child Development Center - $400,000.00 Public Safety Automation project - Phase II - ? Tax Rate Reduction ($.02) - $766,000.00 Other Supplemental Items - ? Council Member Swain inquired if the City can place a cap on the amount of funds contributed by the City to the International City Manager's Association on behalf of City employees for the Deferred Compensation Plan. The Mayor expressed concern in regard to the issue of recycling and since plastic is no longer acceptable for recycling purposes, he inquired if the amount of refuse will increase; whereupon, the Director of Public Works advised that an in- house task force will study the issue and provide a cost benefit analysis. 7 Ms. Akers reviewed an analysis of expenditure increases: Increase in Total Revenues City Schools State Targeted/Local Match Maintenance of Effort Balance Priority Items Unfunded $ 3,903,546.00 (951,944.00) (740,800.00) (208,180.00) 2,002,622.00 (5,876,675.00) (3,874,053.00) Potential new/increased State Revenues in the amount of' HB 599 - Local Law Enforcement Increased Funding Deputy Sheriffs $2,254,701.00 489 812.00 Total $2,744,513.00 Mr. White suggested that the committee which was appointed on August 18, 1996, consisting of John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., William F. Clark, Jesse A. Hall, and James D. Ritchie be reactivated, with the appropriate substitutions to address solid waste management issues; whereupon, the Mayor requested that the City Clerk call the matter to his attention at the Council meeting on Tuesday, January 19, 1999. The City Manager advised that tentative information from the consultant which was engaged to study the City's pay and benefits program will be available in early February. The City Manager advised that City staff will report to Council on a 60 day cycle regarding Y2K issues. The Mayor suggested that the City obtain a copy of a video tape from Lubuck, Texas, regarding Y2K compliance. The City Manager called attention to the rezoning of properties in Raleigh Court and stated that one of Council's greatest concerns has been abandoned vehicles along City curbs in the neighborhoods; therefor, Council appropriated approximately $300,000.00 to hire rental inspectors to inspect the growing number of rental units in the City. He advised that in the last ten years, some of Roanoke's most solid residential neighborhoods were rezoned in mass from single family to multi-family and the City has been unable to hire enough rental inspectors, or police officers, or construct enough school classrooms to slow down the number of children coming into the community unprepared over the next 10 to 20 years in order to address all of the City's needs if this conversion rate continues to increase. He added that unless the City is in control of the issue, zoning will become the driving force. 8 Council Member Wyatt advised that before going forth with neighborhood plans, the City should be aware of all legal resources so that one neighborhood is not penalized while a land use study is prepared for another neighborhood. Vice-Mayor Harris advised that Roanoke Renaissance is vitally needed; and the leadership of the Raleigh Court community is looking to Council to rezone properties in that neighborhood in what may be considerable opposition from landlords and from persons who make their living off of multi family housing units. Council Member Hudson expressed an interest in knowing how many property owners actually reside in the houses they have purchased. Council Member Wyatt inquired if Council can adopt a measure requiring a landlord who evicts a tenant to be responsible for disposing of the furnishings; whereupon, the City Attorney advised that the Dillon Rule prohibits adoption of such a measure by Council. The Mayor advised that revenue trends are disturbing and if the City is to go forth with a Capital Improvements Program, it will be necessary to identify new revenue sources. There being no further business, the Mayor declared the Financial Planning Session adjourned at 12:20 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 9 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL January 19, 1999 12:15 p.m. The Council of the City of Roanoke met in regular session on Tuesday, January 19, 1999, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Rule 1, Recjular Meetings. of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris and Mayor David A. Bowers .......................................................................................................... 7. ABSENT: None ...................................................................................... 0. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; and James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. COMPLAINTS-RESPOND SYSTEM: The Assistant City Manager introduced a briefing in regard to the RESPOND! System which is a customer service tracking system currently in use by the City. Barry L. Key, Manager, Office of Management and Budget, advised that RESPOND! is a product which is home grown in Roanoke and is now marketed internationally by the software vendor; whereupon, he called upon Joe D. Sloan, Manager, Communications, who advised that the RESPOND! System went on line on April 29, 1998, and ten City user departments have been phased in to date. The following is a summary of the RESPOND! Program: Responsiveness to citizen calls is an important part of good citizen service. The City receives more than 300 calls daily and it became a burden to rely on hand written messages delivered throughout City departments; therefore, Roanoke started looking for a system to track and manage calls received and for access to up to date information about those calls as actions are taken. After evaluating other solutions, Roanoke selected IBM Business Partner JPH International's RESPOND! to manage calls. The goal is for every department to have access to a central knowledge - based facility to handle any request by a citizen without transferring calls to other City departments. The core component of RESPOND! is its advisor feasibility which allows the locality to design and customize every type of request for service and information. Roanoke set up more than 100 advisor entries and issues such as street repairs, animals, recycling, sewer backup, recreation, etc. Within each advisory category there are numerous subcategories; i.e.: if a citizen calls about a dog, the computer screen displays subcategories including barking dog, stray dog, information on dog license and dead animal. After the citizen says it is a barking dog, another screen shows the employee what to ask the citizen, information about how the request is handled and the name of the employee and the department responsible for taking action. The advisor facility meets the City's need for a central knowledge base on all City services. Once the call is completed, it is saved and the request/complaint is automatically e-mailed to the person responsible for that area. The advisory facility drives everything on the system and if the person who receives the dispatched e-mail does not address the issue on time, RESPOND's! "Nag engine" prompts action. Based on the due date and goals set by the City, the nag engine automatically lets that person know the issue was not handled on time. RESPOND! also generates statistics so that management knows who is receiving calls, reports can be run to find out average response times and the system provides a good way to track activity-based performance and to pinpoint where the City needs to review services and/or increase or decrease staff in departments. The system tracks by people, issue, location, day and time of the action, etc. The City can customize categories for whatever it chooses without relying on the vendor. Next year, the City plans to use the RESPOND! Internet Call logging feature and certain advanced capabilities to take citizen calls. By providing access to City Hall 24 hours a day, seven days a week, e-business gives better service to the community while freeing up staff from telephones for more productive work. Citizens will use the Internet to register complaints, field staff will use laptops to enter information and when they return to the office, the information can be uploaded to the Internet. There were questions and comments by Council Members in regard to voice mail usage throughout the City Government structure and the Assistant City Manager advised that the City's policy is that no telephone number which is listed in the telephone directory is to be answered by voice mail; involvement of a representative from the City Attorney's Office on the employee team to address do's and don't's of handling complaints on the RESPOND! System; and a suggestion that citizens be informed about the RESPOND! System via RVTV, Channel 3. Jill J. Michaels, Technology Training Coordinator, City Information Systems, presented a working demonstration from the time that a complaint is received from a citizen through complaint process completion. At 1:00 p.m., the Mayor declared the meeting in recess to be reconvened at 2:00 p.m., in the City Council Chamber. At 2:00 p.m., on Tuesday, January 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., Linda F. Wyatt, C. Nelson Harris and Mayor David A. Bowers ......................................................................................................... 7. ABSENT: None ..................................................................................... 0. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., 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 Doctor Marvin Gardner, Rector, St. Thomas of Canterbury Anglican Catholic Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT-COUNCIL: The Mayor congratulated Vice-Mayor C. Nelson Harris upon being called to the pastorate at Virginia Heights Baptist Church, effective March 1, 1999. PRESENTATIONS: POLICE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT- REGIONAL CHAMBER OF COMMERCE: On behalf of the Members of Council, the Mayor recognized and congratulated Police Officer William A. Engel, recipient of the Roanoke Valley Chamber of Commerce Police Officer of the Year Award for 1999. He advised that in January, while investigating a suspect vehicle with a fellow police officer, Officer Engel encountered three robbery suspects, two of whom were armed and one fired a shot as they exited a drug store in southeast Roanoke; and after two of the suspects were arrested, Officer Engel was able to establish a rapport with one of the suspects which led investigators to information connecting them to a series of armed robberies in Roanoke City, Montgomery County and Pulaski County. The Mayor further advised that in February 1998, acting on information received through broadcast to all units, Officer Engel located a wanted felony suspect traveling in a vehicle and the suspect was arrested along with his armed passenger, a search warrant incident to this arrest was conducted and approximately $84,000.00 and six ounces of crack cocaine were seized. He further advised that in June 1998, Officer Engel responded to a report of a burglary in process on Jamison Avenue, S. E., stolen cash from the business was recovered from the armed suspect and an accomplice in a vehicle parked nearby was also arrested. The Mayor advised that Officer Engel is to be commended for his dedication to duty, his professional tactics and his knowledge of police procedure to the extent that in each of the above events, property, money and weapons were recovered in connection with felony arrests. The Mayor presented Officer Engel with a Roanoke Star, Landmark Series, which is symbolic of the Star on Mill Mountain. NORTHWEST CHILD DEVELOPMENT CENTER: The Mayor welcomed pre-kindergarten students from the Northwest Child Development Center who presented music and a skit in tribute to the late Dr. Martin Luther King, Jr. 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 matter of actual litigation, specifically litigation filed against 4 ACTION: ACTION: the City involving a claim for damages requiring the provision of legal advice by counsel; a personnel matter, specifically the resignation of a specific public officer; and personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the regular meetings of Council held on Wednesday, October 7, 1998, and Monday, October 19, 1998, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) Mr. White moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in 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)(I), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the Mayor to convene in 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)(I), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. 5 ACTION: CITY ATTORNEY-COUNCIL: A report of the City Attorney requesting that Council convene in Executive Session to discuss a matter of actual litigation, specifically litigation filed against the City involving a claim for damages requiring the provision of legal advice by counsel, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the City Attorney to convene in Executive Session to discuss a matter of actual litigation, specifically litigation filed against the City involving a claim for damages requiring the provision of legal advice by counsel, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. PENSIONS: The Director of Finance submitted a written report advising that Council adopted Ordinance No. 34056-110298 authorizing the City of Roanoke Pension Plan to offer members of the Employees' Retirement System (Old System) an opportunity to transfer to the Employees' Supplemental Retirement System (New System); the "window of opportunity" was opened on December 1, 1998, and closed at 5:00 p.m. on December 31, 1998; and since the program has concluded, 30 of the 199 eligible members (15%) took advantage of the option. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that the report be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. 6 ACTION: ACTION: CITY MANAGER-COUNCIL: A report of the City Manager requesting that Council convene in Executive Session to discuss a personnel matter, specifically the resignation of a specific public officer, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a personnel matter, specifically the resignation of a specific public officer, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ O. PERSONNEL DEPARTMENT-INDUSTRIES-ROANOKE NEIGHBORHOOD PARTNERSHIP-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: William C. Holland as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2001; Stark H. Jones as a Director of the Industrial Development Authority of the City of Roanoke for a term ending October 20, 2002; and Paula L. Prince as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2001. (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: 7 AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. $56,903.00 from the 1998-99 Capital Maintenance and Equipment Replacement Fund for the replacement of bleachers in the gymnasium at William Ruffner Middle School. $54,220.00 from 1997 Capital Bond Issue funds for the purchase and installation of bleachers in the gymnasium at Lucy Addison Middle School. $210,025.00 for the Goals 2000 Technology grant to provide funds for the purchase of classroom computers and related technologies. This continuing grant program will be reimbursed 100 per cent by Federal funds. $10,000.00 for the 1999 Chess program to pay for chess materials and tournament participation costs. A private donation has been received for this continuing grant program. $28,214.00 for the Special Education Capacity Building (Sliver) program to assist the division in providing direct services and in making systemic change to improve results for children with disabilities. This new grant program will be reimbursed 100 per cent by Federal funds. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. 8 ACTION: (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34141-011999) AN ORDINANCE to amend and reordain certain sections of the 1998-99 School Capital Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 338.) Mr. Trout moved the adoption of Ordinance No. 34141-011999. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. Council Member Swain requested information on the ratio of computers to students and how computers are being integrated into the instructional program; and Council Member Wyatt requested a break- down by school as to which schools have computer labs as opposed to individual computers in the classroom. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-CAPITAL IMPROVEMENTS PROGRAM-COUNCIL: The City Manager submitted a written report advising that on July 21, 1997, Council adopted Ordinance Nos. 33497-072197 and 33498-072197, authorizing a referendum to be held in November 1997 on the issuance of $39,030,000.00 in capital improvement bonds; on August 4, 1997, Council adopted Resolution No. 33534-080497 approving the Capital Improvement Program (CIP) for 1998-2002; the public referendum was 9 held on November 4, 1997, and the $39 million bond issue was approved by 78 per cent of Roanoke's voting citizens; and on December 17, 1997, $13,010,000.00 of the new bonds were sold, with the remaining bonds to be issued on or before January 2000. It was further advised that the Capital Improvement Program, totaling $321,825,908.00, has been revised and updated for fiscal years 1999-2003; the document updates the status of current projects; major changes in the updated Capital Improvement Program include the following: projects that have been completed in the past year have been removed from the updated document, projects approved since the previous CIP was adopted on August 4, 1997, have been added to the updated CIP, and project costs have been updated, either based on actual contract prices or updated estimates from the Engineering staff; and three capital projects have funding deficiencies for the current phases: Jefferson Center - The Performance Hall Renovation New Police Building Railside Linear Walk ($ 800,000.00) (1,260,000.00) (788,s00.00) It was noted that the updated CIP identified recommended funding sources for these capital projects; action by Council is required to accomplish reallocations of funding; and as projects are brought forward, Council will be presented with funding reports for approval and the funds may then be appropriated to the required capital accounts. The City Manager recommended that Council endorse the updated Capital Improvement Program document for fiscal years 1999- 2003. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34142-011999) A RESOLUTION endorsing the Capital Improvement Program submitted by the City Manager and Director of Finance by report of January 19, 1999. (For full text of Resolution, see Resolution Book No. 61, page 340.) 10 ACTION: Mr. Trout moved the adoption of Resolution No. 34142-011999. The motion was seconded by Mr. Swain. There was discussion in regard to revenue shortfall as the result of construction of retail establishments in outlying jurisdictions, those tax dollars having previously been spent in the City of Roanoke; Roanoke's housing structure appears to be shifting from home ownership to rental and homeowners do not require as many public services as those persons residing in rental units; major jurisdictions in northern Virginia, Richmond and the Tidewater area have changed that the Commonwealth of Virginia has archaic tax sources at the local government level and these major jurisdictions have requested that the General Assembly review the entire taxing structure and State government structure if fiscally strong center cities are to remain; over the long term, the City should work with its representatives to the General Assembly to encourage a 1999-2000 mix of income that will support services and needs of Roanoke City; a fiscally stressed locality, such as the City of Roanoke, is defined as a locality that is using a greater portion of its resources to provide services as opposed to those cities who may have some of those same resources but do not choose to spend the funds on local government services; Roanoke is spending a greater portion of its resources on local government services because 50 per cent of the students in City schools come from below average income families, the disproportionate number of rental units in the City, and the demand for services by those persons for police, social services, fire, emergency services, refuse collection, etc, and State mandates also play a large part in the City's revenue spending; the City needs to develop an economic development strategy to establish an entertainment district in the downtown area which will cause Roanoke to become a destination-oriented location; if the City wants to lower its real estate tax rate, there must be a re-engineering of services, or a growth rate over five per cent, or elimination or reduction of services to citizens; another Financial Planning Session is needed to identify funds for at least a two cents reduction in the real estate tax rate, or approximately $700,000.00; it was reported at the Financial Planning Session on Saturday, January 16, 1999, that in approximately three to four years, Roanoke will have a debt capacity of about $7 million, however, approximately $25 - 45 million will be needed for major capital improvements; and a plan needs to be developed by the City Manager, Director of Finance and School officials to provide a formula to fund future bond issues. 11 Following discussion, it was the consensus of Council that the City Clerk be requested to schedule an additional Financial Planning Work Session in late March 1999. Resolution No. 34142-011999 was adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-CITY EMPLOYEES-JUVENILE CORRECTIONAL FACILITIES: The City Manager submitted a written report advising that the Roanoke Juvenile Detention Center provides secure custody, care, supervision and services for juveniles for the City of Roanoke and Botetourt County; and the State Department of Juvenile Justice has licensed the detention center for a capacity of 21. It was further advised that the Roanoke Juvenile Detention Center is currently staffed with 11 direct-care, full-time counselor I positions, providing 24 hour supervision seven days a week; the Roanoke Juvenile Detention Center has additional new requirements placing demands on staff schedules and duties; relief staff coverage is extremely difficult to maintain because of high turnover, Iow reliability, a limited applicant pool and the inability to maintain adequate training and development; a Planning Study approved by the Department of Juvenile Justice with facility expansion to 81 beds by the Commission allows for 57 new positions; and construction and transition to the Roanoke Valley Detention Commission creates new concerns and risks for the Detention Center. The City Manager recommended that Council authorize an increase in full-time regular employees for the Roanoke Juvenile Detention Center as follows: (two positions to be transferred from the Law Library). 1 - Counselor II position (Shift Supervisor) 6 - Counselor I positions 1 - Senior Secretary 1 - Cook 12 Transfer $70,000.00 from the State and Local Hospitalization Account No. 001-054-5330-2010 and $38,406.00 from the Juvenile Detention Temporary Wage Account No. 001-054-3320-1004 to the following accounts: ACTION: Regular Employee Salaries 001-054-3320-1002 $ 84,296.00 FICA 001-054-3320-1120 6,527.00 Retirement 001-054-3320-1105 8,217.00 Medical Insurance 001-054-3320-1125 7,473.00 Dental Insurance 001-054-3320-1126 663.00 Disability Insurance 001-054-3320-1131 212.00 ICMA Match 001-054-3320-1116 1,018.00 TOTAL $108,406.00 (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34143-011999) 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 341.) Mr. Trout moved the adoption of Ordinance No. 34143-011999. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Hudson was out of the Council Chamber). CITY CLERK: SCHOOLS: The City Clerk submitted a written report advising that the three year terms of office of Brian J. Wishneff and Charles W. Day as Trustees of the Roanoke City School Board will expire on June 30, 1999; Section 9 - 17 of the City Code provides that applications for the upcoming vacancies must be filed in the City Clerk's Office by March 10 of each year; application forms will be available in the City 13 Clerk's Office and may be obtained between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday; and information describing the duties and responsibilities of School Board Trustees will also be available. ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that the report be received and filed. The motion was seconded by Mr. Swain and unanimously adopted. REPORTS OF COMMITTEES: ROANOKE CiViC CENTER: A report of the Roanoke Civic Center Commission recommending that Council approve the use of competitive negotiations for soliciting proposals for exclusive pouring rights for non-alcoholic beverages, and for soliciting proposals for entering into licensing agreements with prominently recognized companies for the sale of branded food products, including but not limited to chicken, turkey, pizza, hamburgers, hot dogs, french fries and ice cream, in accordance with conditions set forth in a staff report, dated December 18, 1998, at the Roanoke Civic Center, was before Council. The City Manager submitted a written report concurring in the recommendation of the Civic Center Commission, and recommended that competitive negotiations for food and beverage opportunities be permitted to include the option of negotiating pouring rights and the sale of branded food products for Victory Stadium, if appropriate, as well as for the Civic Center. (For full text, see reports on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#34144-011999) A RESOLUTION designating the procurement method known as competitive negotiation, rather than the procurement method known as competitive sealed bidding, to be used for soliciting proposals for exclusive pouring rights for non-alcoholic beverages, and for entering into license agreements with prominently recognized companies for the sale of branded food products, including but not limited to chicken, turkey, pizza, hamburgers, hot dogs, french fries and ice cream at the Civic Center and Victory Stadium and documenting the basis for this determination. 14 ACTION: (For full text of Resolution, see Resolution Book No. 61, page 342.) Mr. Harris moved the adoption of Resolution No. 34144-011999. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-ROANOKE CiViC CENTER: A report of the Roanoke Civic Center Commission recommending that Council approve the purchase of advertising rights to the scoreboard and three concourse message centers at the Civic Center from Network Group International, L. P., in the amount of $180,000.00, payable in three installments, the first from Civic Center retained earnings, and the second and third from fiscal year 1999-2000 and fiscal year 2000-2001 budget revenues derived from scoreboard advertising sales, in accordance with conditions set forth in a staff report dated December 21, 1998. The City Manager submitted a written report concurring in the recommendation of the Roanoke Civic Center Commission. (For full text, see reports on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34145-011999) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 344.) Mr. Harris moved the adoption of Ordinance No. 34145-011999. 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. 15 ACTION: Mr. Harris offered the following resolution: (#34146-011999) A RESOLUTION authorizing the purchase of advertising rights from Network Group International, L.P. for the coliseum scoreboard and the three concourse message centers at the Roanoke Civic Center. (For full text of Resolution, see Resolution Book No. 61, page 345.) Mr. Harris moved the adoption of Resolution No. 34146-011999. 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. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CITY CODE-TAXES-TELEPHONE COMPANIES: Ordinance No. 34137, amending the Code of the City of Roanoke (1979), as amended, by amending and reordaining Section 32-282, Com_oensation of seller, to provide that no compensation shall be allowed to any seller when the amount due is delinquent at the time of remittance; by enacting new Section 32-283, Penalty for late remiffence, to provide for a penalty of ten per cent of the tax due applicable to any seller who shall fail or refuse to remit to the treasurer the tax required within the specified time, having previously been before the Council for its first reading on Monday, January 4, 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: (#34137-011999) AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by amending and reordaining §32-282, Com_~ensation of seller, to provide that no compensation shall be allowed to any seller when the amount due is delinquent at the time of remittance; by enacting new Section 32-283, Penalty for late remittance, 16 ACTION' to provide for a penalty of ten (10) per cent of the tax due applicable to any seller who shall fail or refuse to remit to the treasurer the tax required within the specified time; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 61, page 337.) Mr. Harris moved the adoption of Ordinance No. 34137-011999. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. PARKS AND RECREATION-COUNCIL: Mr. Harris offered the following resolution changing the time and place of commencement of the regular meeting of City Council from 12:15 p.m., on Monday, February 1, 1999, to 11:30 a.m., on Monday, February 1, 1999, in the Emergency Operations Center Conference Room, Room 159, Municipal Building South, 215 Church Avenue, S. W., City of Roanoke: (#34147-011999) 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, February 1, 1999. (For full text of Resolution, see Resolution Book No. 61, page 346.) Mr. Harris moved the adoption of Resolution No. 34147-011999. 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. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: 17 FLOOD REDUCTION/CONTROL: Council Member Swain requested specific information on an advisory committee that was referred to during a briefing on the Storm Water Management Plan on January 4, 1999; viz: composition of the advisory committee, who appointed the advisory committee, and issues to be addressed by the advisory committee. It was the consensus of Council that the matter would be referred to the City Manager for report to Council. TRAFFIC-LEGISLATION: Council Member Swain spoke in support of increasing the fine for failure to display a current vehicle inspection decal from $100.00 to the maximum of $200.00 permitted by State law. It was the consensus of Council that the matter would be referred to the City Attorney for preparation of the proper measure. MENTAL HEALTH SERVICES-BLUE RIDGE COMMUNITY SERVICES: Council Member Wyatt advised that effective July 1, 1999, under current State law, Council will be required to approve a performance contract for mental health/mental retardation/substance abuse services for services to be provided to City residents. She requested that the City Manager provide the following information regarding the services provided by Blue Ridge Community Services by March 15, 1999: The services programs being provided and the funding source(s) (Federal, State, Local dollars) for each. A. Identify whether these services are mandated to be provided and by whom. Indicate the number of clients being served by each service or program. If the service or program is non-mandated, explain why it is needed and what assessments(s) were done by whom to determine the need. Provide information on needs or gaps in services/programs for the mental health/mental retardation/substance abuse population that have been identified and how those gaps/needs were identified. 18 ACTION: A. Provide information on plans or projections for addressing the unmet needs/gaps in services or programs. It was the consensus of Council that the matter would be referred to the City Manager for report to Council. The Mayor requested that officials of Blue Ridge Community Services meet with Council Member Wyatt to discuss her concerns. COMPLAINTS-REAL ESTATE VALUATION: The Director of Real Estate Valuation encouraged those citizens having questions with regard to their real property tax reassessment to contact his office. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 3:55 p.m., the Mayor declared the meeting in recess. At 5:10 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: With respect to the 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 Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. CITY MANAGER: A communication from W. Robert Herbert, City Manager, tendering his resignation, effective April 9, 1999, at 5:00 p.m., was before Council. (See communication on file in the City Clerk's Office.) Mr. Swain moved that Council accept the resignation with regret. The motion was seconded by Mr. Trout and unanimously adopted. 19 Mr. Swain moved that the City Attorney be requested to prepare the proper measure appointing James D. Ritchie, Sr., as Acting City Manager, effective April 9, 1999, at 5:01 p.m., at a salary to be determined by the Members of Council. The motion was seconded by Mr. Harris and unanimously adopted. Mr. Harris moved that the City Manager, City Attorney and City Clerk be requested to provide Council with appropriate information in regard to the process for filling the vacancy; and that the City Clerk be requested to coordinate an activity recognizing the service of Mr. Herbert. The motion was seconded by Mr. Hudson and unanimously adopted. At 5:15 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Tuesday, January 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. and Mayor David A. Bowers ....................................................................................... 5. ABSENT: Council Members C. Nelson Harris and Linda F. Wyatt .......................................................................................... 2. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. HEARING OF CITIZENS UPON PUBLIC MATTERS: 20 CELEBRATIONS-LOCAL COLORS: James Bullion, representing the National Conference for Community and Justice, advised that the Roanoke Regional Chapter has adopted Local Colors as its multi- cultural activity. He presented a calendar listing the major cultural- ethnic holidays in America and advised that plans are to immediately develop and present educational programs to local schools, to the religious community and to organizations and businesses within the Greater Roanoke Valley. He invited the Members of Council to the Local Colors gala event on April 18 in the City Market area, and advised that the Roanoke Chapter has employed Ms. Pearl Fu to serve as consultant and advisor in coordinating the Local Colors activities. Ms. Fu expressed appreciation for a renewed interest in Local Colors and invited the Members of Council to attend activities on April 18 at 12:00 noon on the City Market. Without objection by Council, the Mayor advised that the remarks of Mr. Bullion and Ms. Fu would be received and filed. PETITIONS AND COMMUNICATIONS: ARCHITECTURAL REVIEW BOARD: Mrs. Kinzer Otterman, 601 Allison Avenue, S. W., appeared before Council and presented a petition appealing a decision of the Architectural Review Board relating to property located at 601 Allison Avenue, S. W. Mrs. Otterman advised that on November 12, 1998, she requested a Certificate of Appropriateness from the Architectural Review Board to allow an overhang, eves and dormers on her home at 601 Allison Avenue, S. W., and the Architectural Review Board denied the request on the basis that vinyl soffit runs perpendicular to the wood and the Board suggested installation of parallel vinyl soffit or other material which is not guaranteed. She referred to a letter from Evelyn S. Lander, Chief of Planning and Community Development, stating that the Architectural Review Board abides by its adopted guidelines and has not approved the installation of vinyl soffit material on a structure in the Old Southwest Historic District since adoption of design guidelines on August 10, 1995; however, Mrs. Otterman referred to other houses in the area where vinyl soffit has been installed since 1995, all of which have displayed City building permits. She advised that the City has been remiss by not disseminating information to property owners on the proposed and adopted guidelines of the Architectural Review Board, and for the City to force property owners in Old Southwest to 21 spend money on specified maintenance will cause property owners to allow their homes to fall into a state of disrepair or to move out of the neighborhood. Mrs. Otterman requested Council's assistance in resolving the matter by allowing her to maintain her home in a manner that is affordable and is in keeping with that which has been done by other property owners in the Old Southwest area. She asked that instead of City officials encouraging neighbors to report neighbors, working guidelines should be developed by the City that promote continuity which will help to develop a quality of life that will create a real neighborhood while, at the same time, promoting the historic district. (See petition on file in the City Clerk's Office.) Upon consideration of the evidence (testimony and documents presented to Council), Mr. Trout moved that Council reverse the decision of the City of Roanoke Architectural Review Board on November 12, 1998, and authorize issuance of a Certificate of Appropriateness for alterations to the structure located at 601 Allison Avenue, S. W., on the grounds that the proposed alteration of the structure is compatible with the H-2 District and would enhance those special visual and spatial qualities that the H-2 District was established to protect. The motion was seconded by Mr. Hudson. Robert B. Manetta, Chair, Architectural Review Board, presented a report of the Board. On behalf of the Board, he recommended that Council affirm the decision of the Architectural Review Board which is consistent with the adopted architectural design guidelines for the H-2 District; and affirmation of the Board's decision will maintain consistence in preserving the contributing architectural features in the District and sustain the Board's decisions with regard to the treatment of those architectural features. (For full text, see report on file in the City Clerk's Office.) Christopher Muse, President, Old Southwest, Inc., advised that the Board of Directors of Old Southwest, Inc., supports the decision of the Architectural Review Board; however, he stated that there is confusion as to whether there are existing manufacturers who will 22 guarantee the installation of parallel vinyl soffit within existing Architectural Review Board guidelines. He stated that if there are manufacturers who guarantee the installation of parallel vinyl soffit, Old Southwest believes that the Architectural Review Board's decision is valid and should not be reversed by Council. Mr. William Bestpitch, 381 Washington Avenue, S. W., advised that his concern relates not to the Otterman property, but with regard to the process. He stated that the argument of Mr. and Mrs. Otterman that other property owners have been allowed to make the same improvements is not in conformance with the guidelines or the provisions of the historic ordinance. He advised that there should be more discussion and education on the matter and if the guidelines of the Architectural Review Board need to be changed, the matter should be addressed through the proper process rather than by allowing property owners to come to Council on a case by case basis to request a reversal of the decision of the Architectural Review Board. He encouraged Council to uphold the decision of the Architectural Review Board until such time as the guidelines or the historic district ordinance is changed according to an established procedure. Mr. Manetta presented a history of the Architectural Review Board, and advised that detailed guidelines were established for the historic district by Council following input from citizens, Old Southwest, Inc., and Downtown Roanoke, Inc., so that persons residing or owning property in the historic district would know what could and could not be done with their properties. He pointed out that the Architectural Review Board has been consistent in administering the guidelines, providing clarification as to what can and cannot be done in the historic district, and if the majority of Council believes that the guidelines should be changed, the Board would like to receive direction from Council. The Mayor raised a question as to whether some localities require appeals from the decision of the Architectural Review Board to go directly to the Circuit Court rather than to the governing body; whereupon, the City Attorney was requested to research the inquiry. The Mayor advised that historic and architectural preservation has been a key factor in the rejuvenation of Old Southwest, one of Roanoke's oldest neighborhoods, and there is value in adhering to the guidelines established for the historic district. He stated that the motion, if approved, could set a precedent for future requests, therefore, he could not support the motion. 23 The motion offered by Mr. Trout, seconded by Mr. Hudson, was adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, and White .... -4. NAYS: Mayor Bowers .......................................................... 1. (Vice-Mayor Harris and Council Member Wyatt were absent.) ARCHITECTURAL REVIEW BOARD: Mr. Aubrey Hicks, 648 Day Avenue, S. W., appeared before Council and presented a petition appealing a decision of the Architectural Review Board in connection with denial of his request to install lattice material as a porch balustrade on property located at 648 Day Avenue, S.W. He stated that if he is required to tear down the improvements that have already been made to the porch balustrade, he will abide by Council's decision, however, such action will send a clear message to other homeowners who might be considering the purchase of property in Old Southwest, but will not be inclined to do so because of guidelines established by the Architectural Review Board for the historic district. Upon consideration of the evidence (testimony and documents) presented to Council, Mr. Hudson moved that Council reverse the decision of the City of Roanoke Architectural Review Board on December 14, 1998, and authorize issuance of a Certificate of Appropriateness for alteration of the structure located at 648 Day Avenue, S. W., on the grounds that the proposed alteration of the structure is compatible with the H-2 District and would enhance those special visual and spatial qualities that the H-2 District was established to protect. The motion was seconded by Mr. Swain. Christopher Muse, President, Old Southwest, Inc., advised that each time Council reverses a decision of the Architectural Review Board it is slowly whittling away at what it means to live in an H-2, Historic District. He advised that the purpose of the Board of Directors of Old Southwest, Inc., is to take and support actions that will strengthen the Old Southwest neighborhood; and the action taken by Council to reverse the decision of the Architectural Review Board relating to the previous request of Mr. and Mrs. Otterman and the 24 request presently before Council by Mr. and Mrs. Hicks will cause serious harm to the historic character of the old southwest neighborhood. He requested that Council keep in mind that by reversing the decision of the Architectural Review Board, it will be setting a precedent for similar future requests by Old Southwest property owners. Mr. Tony Bailey, 652 Day Avenue, S. W., spoke in support of the request of Mr. and Mrs. Hicks that they be allowed to keep the lattice material as a porch balustrade. He commended property owners who try to improve their property in the Old Southwest neighborhood in general, and instead of dwelling on whether the improvements made by Mr. Hicks to his home are architecturally correct, he encouraged that Council do the right thing and allow the improvements to remain. Robert B. Manetta, Chair, Architectural Review Board, presented a report of the Board. On behalf of the Board, he recommended that Council affirm the decision of the Architectural Review Board which is consistent with the adopted architectural design guidelines for the H-2 District; and advised that affirmation of the Board's decision will maintain consistency in preserving the contributing architectural features in the District and sustain the Board's decision with regard to the treatment of those architectural features. (For full text, see report on file in the City Clerk's Office.) The Mayor reiterated his previous remarks that historic and architectural preservation has been a key factor in the rejuvenation of Old Southwest, one of Roanoke's oldest neighborhoods, and there is value in adhering to the guidelines established for the historic district. He stated that the motion, if approved, could set a precedent for future requests; therefore, he could not support the motion. The motion offered by Mr. Hudson, seconded by Mr. Swain, was adopted by the following vote: AYES: Council Members Hudson, Swain, Trout and White ..... -4. NAYS: Mayor Bowers .......................................................... 1. (Vice-Mayor Harris and Council Member Wyatt were absent.) 25 PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, January 19, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of C & C Development Properties, Inc., that five tracts of land located near the intersection of Hershberger Road and Williamson Road between Hershberger Road and Curtis Avenue, N. W., identified as Official Tax Nos. 2190906 2190908, inclusive, and 2190918 and 2190919, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, December 31, 1998, and Thursday, January 7, 1999, and in the Roanoke Tribune on Thursday, January 7, 1999. (See publisher's affidavits on file in the City Clerk's Office.) A request of G. Michael Pace, Jr., Attorney, representing the petitioner, requesting that the petition for rezoning be withdrawn, was before Council. ACTION: Without objection by Council, the Mayor advised that the request for rezoning would be withdrawn. 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 Tuesday, January 19, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Bradley A. Jones that a portion of 15th Street, N. E., extending north from Varnell Avenue, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, December 31, 1998, and Thursday, January 7, 1999, and in the Roanoke Tribune on Thursday, January 7, 1999. (See publisher's affidavits on file in the City Clerk's Office.) 26 A report of the City Planning Commission advising that closure and vacation of the street section as described in the original application would have resulted in the creation of a dead-end alley (paper alley) on both sides of the vacated street; the Planning Commission has expressed reservations about allowing dead-end alleys or streets to be created by closure and vacation; and in response to the Planning Commission's expressed reservations, staff requested the applicant to consider amending the request to close only portions of the platted street to allow for a through alley instead of a dead-end alley, was before Council. The City Planning Commission recommended that Council approve the applicant's first amended application to close and vacate the above described portion of 15th Street, N. E., subject to certain conditions as more fully set forth in the report. (For full text, see report on file in the City Clerk's Office.) Daniel F. Layman, Jr., Attorney, appeared before Council in support of the request of his client. ACTION: Mr. White moved that the following ordinance be placed upon its first reading: (#34148) 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 358.) The motion was seconded by Mr. Trout. The Mayor inquired if theirs were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 34148 was adopted, on its first reading, by the following vote: AYES: Council Members Hudson, Swain, Trout, White, and Mayor Bowers ............................................................................. 5. NAYS: None ........................................................................ 0. 27 ACTION: (Council Members Harris and Wyatt were absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, January 19, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City Planning Commission that the former N & W Passenger Station located at 209 Shenandoah Avenue, N. E., identified as Official Tax No. 3013603, be rezoned from HM, Heavy Manufacturing District, to C-3, Central Business District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, December 31, 1998, and Thursday, January 7, 1999, and in the Roanoke Tribune on Thursday, January 7, 1999. (See publisher's affidavits on file in the City Clerk's Office.) The City Planning Commission recommended that Council approve the request for rezoning, and advised that the property is located within the Central Business District and should be developed in accordance with other similarly zoned properties; and rezoning the property would be consistent with the City's Comprehensive Plan and would enable an historic building to be used in ways other than for industry. (For full text, see report on file in the City Clerk's Office.) Evelyn S. Lander, Agent, City Planning Commission, appeared before Council in support of the request. Mr. Hudson moved that the following ordinance be placed upon its first reading: (#34149) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 301, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 61, page 360.) The motion was seconded by Mr. Trout. 28 The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 34149 was adopted, on its first reading, by the following vote: AYES: Council Members Hudson, Swain, Trout, White, and Mayor Bowers ............................................................................. 5. NAYS: None ........................................................................ O. (Council Members Harris and Wyatt were absent.) HOUSING/AUTHORITY-VIRGINIA TRANSPORTATION MUSEUM- CONVENTION AND VISITORS BUREAU-CENTRAL DOWNTOWN ROANOKE DEVELOPMENT FOUNDATION-GREENWAY SYSTEM-TEA- 21: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, January 19, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider previously received applications for Federal funds made available through the Transportation Equity Act for the 21st Century (TEA-21) for transportation enhancement projects in fiscal year 1999-2000, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Wednesday, January 6 and Wednesday, January 13, 1999, and in the Roanoke Tribune on Thursday, January 7, 1999. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the Transportation Equity Act for the 21st Century (TEA-21) was signed into Federal law in June, 1998, which action re-authorized the Federal Surface Transportation Programs for six years, from fiscal year 1998 to 2003, replacing the Intermodal Surface Transportation Efficiency Act; the new law provides $215 billion in spending authority for highways and transit, including $3 billion for transportation enhancement projects; and TEA-21 requires State Departments for Transportation to set aside ten per cent of their Surface Transportation Program (STP) allocation each year for transportation enhancements, was before Council. The City Planning Commission endorsed the following projects: 29 Fifth Planning District Commission Roanoke Higher Education Authority Roanoke Valley Convention and Visitors Bureau; and Virginia Museum of Transportation, Inc. It was advised that the Planning Commission abstained from voting on the application from the Roanoke Redevelopment and Housing Authority because of questions regarding the specifics of property acquisition costs and proposed demolition; and since the meeting of the City Planning Commission, the Housing Authority has provided additional information which is attached to the report. (For full text, see report on file in the City Clerk's Office.) The City Manager submitted a written report advising that five enhancement project applications were received; project applications must be formally endorsed by Council and the Metropolitan Planning Organization (prior to submittal to VDOT by the applicant by January 31, 1999); Commonwealth Transportation Board approval of projects is expected to occur in June, 1999; Council resolutions that would endorse these five project applications also require, according to VDOT, that the City of Roanoke agree to pay a minimum of 20 per cent of the total cost for planning and design, right-of-way and construction of the project, and, if the City subsequently elects to cancel a project, the City agrees to reimburse VDOT for the total amount of costs expended by VDOT through the date of cancellation of the project; and agreements to be executed between the City and the applicants will require the applicant to be fully responsible for matching funds and if the project is canceled, the agreement will also require the applicant to reimburse the City for all amounts due VDOT. The City Manager recommended that Council endorse project applications by separate resolutions; that Council agree to pay the respective percentages of the total cost for each project and if the City elects to cancel any project, the City would reimburse VDOT for the total amount of costs associated with any work completed on either project through the date of cancellation notice; that the City Manager be authorized to execute, on behalf of the City, City/State Agreements for project administration, subject to approval of project applications by VDOT; and that the City Manager be further authorized to execute on 30 behalf of the City, legally binding agreements with each applicant, subject to their application being approved by VDOT, requiring the applicants to be fully responsible for matching funds, as well as all other obligations undertaken by the City by virtue of the City/State Agreement. (For full text, see report on file in the City Clerk's Office.) The City Manager submitted an additional report advising that the Roanoke Foundation for Downtown, Inc., (RFDI) submitted an application at the encouragement of Congressman Bob Goodlatte's office in .January, 1998, seeking an amendment to the TEA-21 legislation to include transportation funds for the Roanoke Passenger Station Renovation project; and Council was not required to provide a resolution endorsing the project application at that time. It was further advised that Roanoke Foundation for Downtown, Inc., received an allocation of $500,000.00 from the High Priority Project funds for renovation of the Roanoke Passenger Station; the $500,000.00 is provided over six years (11 per cent in fiscal year 1998, 15 per cent in fiscal year 1999, 18 per cent in fiscal year 2000, 18 per cent in fiscal year 2001, 19 per cent in fiscal year 2002, 19 per cent in fiscal year 2003); this is not a direct Federal grant, but a reimbursement program; upon execution of all appropriate agreements, 80 per cent of the expenditures incurred are reimbursed by Federal funds, and the 80 per cent Federal funds require a 20 per cent match. It was explained that the Federal Highway Administration views VDOT as the recipient agency for these funds; VDOT, in turn, views the City of Roanoke as the responsible entity to implement the improvement with whatever involvement as deemed appropriate between the City and the Roanoke Foundation; therefore, this project will be coordinated through the City of Roanoke and the Administration Agreement will be with the City; VDOT indicates that the project must now be formally endorsed by Council; and a resolution that would endorse the project also requires that the City agree to pay a minimum of 20 per cent of the $500,000.00 allocation, and if the City subsequently elects to cancel the project, the City agrees to reimburse VDOT through the date of cancellation of the project. The City Manager recommended that Council endorse, by resolution, the Roanoke Passenger Station Renovation project; agree to pay 20 per cent of the $500,000.00 allocation and, if the City elects to 31 cancel the project, the City would reimburse VDOT for total amount of costs associated with any work completed on the project through the date of cancellation notice; that the City Manager be authorized to execute, on behalf of the City, City/State Agreements for project administration; and that the City Manager be further authorized to execute on behalf of the City a legally binding agreement with the Roanoke Foundation for Downtown, Inc., requiring the Foundation to be fully responsible for its 20 per cent matching funds as well as all other obligations undertaken by the City by virtue of the City/State Agreement. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34150-011999) A RESOLUTION requesting that the Commonwealth Transportation Board establish a project for the Lick Run Greenway, a component of the Roanoke Valley Comprehensive Greenway System. (For full text of Resolution, see Resolution Book No. 61, page 347.) ACTION: Mr. Trout moved the adoption of Resolution No. 34150-011999. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, and Mayor Bowers ............................................................................. 5. NAYS: None ........................................................................ 0. (Council Members Harris and Wyatt were absent.) Mr. Trout offered the following resolution: (#34151-011999) A RESOLUTION requesting that the Commonwealth Transportation Board establish a project for the preservation of the former Norfolk and Western headquarters building known as GOB North. (For full text of Resolution, see Resolution Book No. 61, page 349.) 32 ACTION: Mr. Trout moved the adoption of Resolution No. 34151-011999. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Hudson, Swain, Trout, White, and Mayor Bowers ............................................................................. 5. NAYS: None ........................................................................ 0. (Council Members Harris and Wyatt were absent.) Mr. Trout offered the following resolution: (#34152-011999) A RESOLUTION requesting that the Commonwealth Transportation Board establish a project for the acquisition and rehabilitation of the former Norfolk and Western headquarters building known as GOB South and related improvements. (For full text of Resolution, see Resolution Book No. 61, page 350.) Mr. Trout moved the adoption of Resolution No. 34152-011999. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, and Mayor Bowers ............................................................................. 5. NAYS: None ........................................................................ 0. (Council Members Harris and Wyatt were absent.) Mr. Trout offered the following resolution: (#34153-011999) A RESOLUTION requesting that the Commonwealth Transportation Board establish a project for the construction and operation of a Tourism Welcome Center in a portion of the former Norfolk and Western Passenger Station adjacent to the Hotel Roanoke & Conference Center and the Historic Farmer's Market. (For full text of Resolution, see Resolution Book No. 61, page 352.) 33 ACTION: ACTION: Mr. Trout moved the adoption of Resolution No. 34153-011999. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, and Mayor Bowers ............................................................................. 5. NAYS: None ........................................................................ 0. (Council Members Harris and Wyatt were absent.) Mr. Trout offered the following resolution: (#34154-011999) A RESOLUTION requesting that the Commonwealth Transportation Board establish a project for the improvement of the Virginia Museum of Transportation. (For full text of Resolution, see Resolution Book No. 61, page 353.) Mr. Trout moved the adoption of Resolution No. 34154-011999. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, and Mayor Bowers ............................................................................. 5. NAYS: None ........................................................................ 0. (Council Members Harris and Wyatt were absent.) Mr. Trout offered the following resolution: (#34155-011999) A RESOLUTION requesting that the Commonwealth Transportation Board establish a project for the Roanoke Passenger Station Restoration; authorizing execution of agreements between the City and the Virginia Department of Transportation and Roanoke Foundation for Downtown, Inc., in connection with the project. (For full text of Resolution, see Resolution Book No. 61, page 355.) 34 ACTION: Mr. Trout moved the adoption of Resolution No. 34155-011999. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, and Mayor Bowers ............................................................................. 5. NAYS: None ........................................................................ 0. (Council Members Harris and Wyatt were absent.) DOWNTOWN ROANOKE, INC.-TRAFFIC-BUDGET: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, January 19, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider changing downtown traffic patterns from one-way traffic to two-way traffic flow on Salem Avenue (from Williamson Road to Sixth Street, S. W.), and Campbell Avenue (from Second Street to Fifth Street, S. W.), and other related traffic matters, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, January 12, 1999. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report advising that the Outlook Roanoke plan which serves as a vision for downtown Roanoke included a recommendation for changing Salem Avenue and Campbell Avenue to two-way traffic; representatives of the City administration have met over the past several months with a task force appointed by City staff and comprised of individuals interested in the proposal to discuss the challenges and opportunities which such a change in traffic patterns could create for the downtown area; and traffic pattern options that were initially considered included: change both Salem Avenue and Campbell Avenue to two-way traffic, do not change either Salem Avenue or Campbell Avenue, change the intersection of Williamson Road and Salem Avenue to include a new traffic signal and allow left turns. It was further advised that the task force believes that changing to two-way streets would support economic investment in downtown; the task force indicates that, while slower traffic can be an inconvenience to motorists who are on their way elsewhere, the recent 35 completion of the Second Street/Gainsboro Road project provides an opportunity to divert through traffic from Salem and Campbell Avenues, thereby allowing these downtown streets to serve as primarily local destinations; public input opportunities were made available through several methods; and the initial public input generated from Outlook Roanoke workshops conducted in July, 1996, resulted in a request to restore as much two-way traffic as possible in downtown Roanoke. It was noted that the Task Force approved a recommendation on November 17, 1998, to the City of Roanoke that the traffic pattern on Salem Avenue be changed to two-way for its entire length; and the traffic pattern of Campbell Avenue be changed to two-way from 2nd Street west and a traffic signal be installed on Williamson Road at the corner of Salem Avenue to permit left turns from Williamson Road to Salem Avenue, and from Salem Avenue to Williamson Road (this intersection is not included on the City's overall list of locations in need of signalization and its installation becomes necessary as part of the overall CBD Signal System Project). It was eXplained that Central Business District (CBD) traffic signal system coordinates the operation of 44 signalized intersections in the downtown area; funding in the amount of $1,350,000.00 was included in the 1996 Bond Referendum for plans and equipment needed to replace the existing system which has been in operation for approximately 20 years; completion of plans for the replacement project are being delayed until the traffic flow of Salem Avenue and Campbell Avenue is resolved; an engineering services contract with Wilbur Smith Associates was approved in an amount not to exceed $163,148.00 by Council on January 21, 1997, for design services for the CBD traffic signal system; and a supplemental agreement to the contract is needed to address additional services related to the two- way traffic plan. The City Manager recommended that Council concur in changing from one-way traffic to two-way traffic flow on Salem Avenue (from Williamson Road to 6th Street, S. W.) and Campbell Avenue (from 2nd Street to 5th Street, S. W.), which includes signalization of the Williamson Road/Salem Avenue intersection; authorize Amendment No. 1 of the engineering services contract with Wilbur Smith Associates for additional engineering services for the "Central Business District Traffic Signal System" to provide an increase of $18,900.00, for a total 36 ACTION: amount not to exceed $182,048.00; and transfer $18,900.00 from the Streets and Sidewalks Category of the 1996 Bond Issue (Account No. 008-052-9701-9191) to the CBD Signal System Account (No. 008-052- 9544-9001). (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34156-011999) 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 357.) Mr. Trout moved the adoption of Ordinance No. 34156-011999. The motion was seconded by Mr. Hudson. R. Matthew Kennell, Executive Director, Downtown Roanoke, Inc., urged that Council approve the recommendation of the City Manager, which has received considerable public input through a series of public sessions and business owner notification. He stated that he supports the recommendation of the City Manager because it is the right thing to do, particularly for Salem Avenue, and to cause downtown Roanoke to be a location where visitors can reach their destination with the least amount of confusion. Stephen Lemon, 2505 Cornwallis Avenue, S. E., a property owner on both sides of Salem Avenue, S. W., advised that the process has been thorough, well thought out, and the recommendation of the City Manager is well founded. He requested that Council approve the City Manager's recommendation. William Carder, 617 South Jefferson Street, spoke in support of the recommendation of the City Manager. Beverly T. Fitzpatrick, Jr., Chair, Downtown Roanoke's Outlook Roanoke Subcommittee, spoke in support of the recommendation of the City Manager, and congratulated the City for allowing citizen input, and downtown business owner input. He advised that the recommendation before Council represents a compromise on the part of many persons who participated in the project over a long period of time. 37 ACTION: Ben Burch, 357 Salem Avenue, S. W., appeared before Council in support of the recommendation of the City Manager which will provide easier access for not only citizens but for tourists visiting downtown Roanoke. Ordinance No. 34156-011999 was adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, and Mayor Bowers ............................................................................. 5. NAYS: None ........................................................................ 0. (Council Members Harris and Wyatt were absent.) Mr. Trout offered the following resolution: (#34157-011999) A RESOLUTION concurring in Downtown traffic pattern alterations and installation of a new signalized intersection in Downtown. (For full text of Resolution, see Resolution Book No. 61, page 358.) Mr. Trout moved the adoption of Resolution No. 34157-011999. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, and Mayor Bowers ............................................................................. 5. NAYS: None ........................................................................ 0. (Council Members Harris and Wyatt were absent.) OTHER HEARING OF CITIZENS: PAY PLAN-CITY EMPLOYEES: Lylburn C. Ollie, 1522 Rorer Avenue, S. W., a Roanoke City Police Officer, advised that in 1979, the City rewarded employees with 15 years of service or longer with a five per cent pay increase, or longevity step. He stated that in 1985, the merit pay system was adopted, and the longevity step was eliminated. At that time, he advised that Council inquired if long term City employees would continue to be rewarded with the longevity step to which the City Manager replied that the matter would be handled on a 38 case by case basis; however, he stated that when he became eligible for his longevity step, it was denied. He advised that he did not believe that Council or the City Manager could terminate the longevity step without adopting the appropriate measure and because of the grandfather clause, he should receive his longevity step. He requested that Council take appropriate action to approve his longevity step. It was the consensus of Council that the matter would be referred to the City Manager and the City Attorney for report within 30 days. STREET NAMES: Mr. Jeffrey Artis, 727 Highland Avenue, S. E., representing the Southern Christian Leadership Conference, appeared before Council in connection with changing the name of Orange Avenue to Martin Luther King, Jr. Avenue, and referred to petitions signed by residents of Orange Avenue that were forwarded to appropriate City staff (petitions were not filed with the City Clerk). He advised that the community has shown overwhelming support for the idea, research has shown that the request can be granted at minimal cost to the City primarily by changing street signs from Orange Avenue to Martin Luther King, Jr. Avenue, and any potential problems with mail delivery would be minimal. He stated that the City of Roanoke and all cities owe a debt of gratitude to Dr. King, for he exemplified Roanoke's dream of being an All America City, and changing the name of Orange Avenue to Martin Luther King, Jr. Avenue should be nothing more than a formality, with minimal conflict and disruption to the daily lives of Roanoke and its citizens. He encouraged Council to support the request. It was the consensus of Council that the request of Mr. Artis would be referred to the City Planning Commission for study, report and recommendation to Council. COMPLAINTS-TRAFFIC: Mr. Kevin Jones, 1120 Kerns Avenue, S. W., addressed Council with regard to inadequate parking facilities in the City Market area. When a person receives a parking citation, he called attention to the need for clarification in connection with who is responsible for paying certain court costs. He requested that there be written information on the citation, or the court subpoena, or posted in the courtroom advising that those individuals who are found to be in violation of the citation will be required to pay court costs. He inquired as to the proper entity to whom he should submit an appeal, and requested that Council continue to address the issue of inadequate parking in downtown Roanoke. 39 It was the consensus of Council that Mr. Jones' concerns would be referred to the City Manager for the purpose of bringing the matter to the attention of appropriate court officials, with a follow-up report to Council. There being no further business, the Mayor declared the meeting adjourned at 9:20 p.m. ATTEST: APPROVED Mary F. Parker City Clerk David A. Bowers Mayor 40 April 19, 1999 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mayor Bowers and Members of Council: This is to request that Council convene in Executive Session to discuss 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. LFW:afm Respectfully submitted, Water Resources Committee CC: James D. Ritchie, Acting City Manager William X Parsons, Acting City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Kit B. Kiser, Director of Utilities & Operations 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 April 20, 1999 File #9-15-110 Arthur M. Whittaker, Sr., Chair Roanoke Regional Airport Commission 4169 Woodbridge Drive, S. W. Roanoke, Virginia 24018 Dear Mr. Whittaker: This is to advise you that on March 30, 1999, James M. Turner, Jr., qualified as a member of the Roanoke Regional Airport Commission for a term ending March 9, 2003. Sincerely,/~"1' tl'~'6' ~' Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Cathy Pendleton, Secretary, Roanoke Regional Airport Commission, 5202 Aviation Drive, N. W., Roanoke, Virginia 24012-1148 Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, James M. Turner, Jr., do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Regional Airport Commission for a term ending March 9, 2003, according to the best of my ability. So help me God. Subscribed and sworn to before me this C~ day of//")~ 1999. ARTHUR B. CRUSH, III, CLERK , ~dTY CLERK H:",AGENDA99~IAR 15.WPD MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011:1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy CiTy Clerk April 20, 1999 File #15-110-429 Robert E. Tonkinson, Jr., Chair Board of Trustees, City of Roanoke Pension Plan 1830 Belleville Road, S. W. Roanoke, Virginia 24015 Dear Mr. Tonkinson: This is to advise you that on April 12, 1999, Donna S. Johnson qualified as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2000. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: James D. Grisso, Secretary/Treasurer, Board of Trustees, City of Roanoke Pension Plan Joyce L. Sparks, Retirement Administrator, Department of Finance Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Donna S. Johnson, 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 Board of Trustees, City of Roanoke Pension Plan, 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 /o~--day of 1999. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK H:'~.GEND A99~P R5, WPD Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, James D. Ritchie, 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 Acting City Manager, effective April 9, 1999, at 5:00 p.m., according to the best of my ability. So help me God. Subscribed and sworn to before me this ~ day of,~/'7'/ 1999. ARTHUR B. CRUSH, III, CLERK N:\CKLOI\OATH 1 .WPD Roanoke City Public Schools Public Information Office * P.O. Box 13145, Roanoke, Virginia 24031 Telephone: (540) 853-2816 · Fax: (540) 853-2817 March 25, 1999 Mrs. Mary Parker Clerk to City Council City Municipal Building 215 Church Avenue Roanoke, VA 24011 Dear Mrs. Parker: The Roanoke City Public Schools welcomes the opportunity to share instructional innovations and highlights with City Council. The Superintendent requests that a presentation on "Teen Outreach Program (TOP)," no longer than 10 minutes in length, be included as an agenda item for the 2:00 p.m. session of the City Council meeting on Monday, April 19, 1999. Ms. Lissy Runyon, Public Information Officer, will introduce Dr. Cheri Hartman, Director of TOP. She and several students will share information about the program. If agreed as part of the agenda, they will need an overhead projector and screen. We look forward to this sharing opportunity with Council. If I may answer any additional questions, please don't hesitate to call (2816). Sincerely, Lissy Runyon Public Information Officer /jl CC: Mr. James Ritchie Dr. E. Wayne Hams Excellence in Education City Council Presentation on the Teen Outreach Program of Family Service of Roanoke Valley April 19, 1999 Cheri W. Hartman, Ph.D. Family Service of Roanoke Valley P. O. Box 6600 Roanoke, VA 24017 (540) 563-5316 Key elements of this school-cOmmunity Partnership: · · · · · teen voluntarism life skills/leadership development parental involvement academic tutoring mentoring relationships TOP is based on the premise that we will be most effective at developing in our youth a positive sense of who they are and just how valuable they are to our communities by rallying around our schools and working in partnership with the school staff and the parents of the youth. The term "rally" connotes a celebration of our students' strengths and TOP's mission is to build on those strengths that do exist within our youth so we can together build a better future for our City of Roanoke. EVALUATION SUMMARY OF ROANOKE'S TEEN OUTREACH PROGRAM: 1993-1997 Impact Data reported by Philliber Researchers for 1993-1994 Patrick Henry High School-10th 30% fewer school suspensions* 63% less truancy* 17% received fewer F's 23% fewer police/court contacts 20% less likely to get pregnant or to cause a pregnancy 23% less likely to begin to use alcohol 12% less likely to begin usin~ marijuana (TOP Ss = 18, Comparisons = 18) Noel C. Taylor Learning Academy 54% less likely to fail courses* 31% fewer school suspensions* 23% less truancy 46% fewer police/court contacts* 8% more stayed abstinent 23% less likely to begin to use alcohol 46% less likely to begin smoking* (TOP Ss = 12, comparisons = 12) Impact Data Reported by Philliber Researchers for 1994-1995 Patrick Henry High School-gth 48% less courses failure** 36% fewer school suspensions** 13% fewer police/court contacts 11% more likely tO be on honor roll 4% more stayed abstinent 4% fewer ~ot pregnant or caused a pregnancy 12% less likely to begin usin~ alcohol (TOP Ss = 20, comparison = 20) Patrick Henry High School-10th 47% less courses failure** 45% less cutting of classes** 26% fewer police/court contacts 24% more likely to be on the honor roll 8% more stayed abstinent 4% fewer ~ot pregnant or caused a pregnancy 4% less likely to begin using alcohol (TOP Ss = 22, comparison = 22) Impact Data Reported by Philliber Researchers for'1995-1996 Patrick ~enry High School-9th 50% less likely to cut class* 25% fewer course failures 17% less school suspensions 34% fewer police/court contacts (TOP Ss = 16, comparisons = 16) Noel C. Taylor Learning Academy 6.5% fewer school suspensions 29.8% fewer police/court contacts 4.8% less likely to get pregnant or to cause a pregnancy (TOP Ss = 16, comparisons = 16) Patrick Henry High School-10th 13% less likely to cut class 19% less school suspensions 11% less likely to ~et pregnant or to cause a pregnancy 6% less likely to be retained a grade in school (TOP Ss = 18, comparisons = 13) William Fleming ~iqh School 12 students received TOP second semester as a pilot test - no data on a control group was collected Impact Data for 1996-1997 Based on Guidance Department Data Patrick ~enry High School-gth 61% fewer course failures 75% less absenteeism 33% less likely to dropout 5% less likely to ~et pregnant (TOP Ss = 18, comparison = 18) Patrick Henry ~igh School-10th 28% fewer course failures 32% less absenteeism 0% got pregnant (TOP Ss = 12, comparison = 10) FACT SHEET ON THE TEEN OUTREACH PROGRAM OF THE ROANOKE VALLEY DIRECTOR: Dr. Cheri W. Hartman, National TOP Trainer AGENCY: Family Service of Roanoke Valley P. O. Box 6600 Roanoke, VA 24017 voicemail: (540) 563-5316 fax: (540) 563-5254 email: cwhartman~aol.com WHAT THE TEEN OUTREACH PROGRAM (TOP) IS: The Teen Outreach Program (TOP) in Roanoke is a youth development program that targets at-risk low-achieving students for the prevention of high risk, negative behaviors. TOP is a nationwide program, implemented in 35 cities across the United States, recognized for its documented impact on teen pregnancy prevention and success in school. TOP is usually a community-school partnership with two main methods= highly structured student volunteer work and life skills development classes (conflict resolution/communication skills, decision-making & goal setting skills, boundary setting in relationships) which have been found to be effective in Roanoke at reducing such negative behaviors as: teen crime, teen pregnancy, school truancy, course failures, and dropping out of school, iTOP'S PROOF OF RESULTS MAKES iT UNIQUE. TOP's national replication is managed by the Cornerstone Consulting Group of Houston, Texas. Dr. Cheri Hartman is Virginia's replication consultant and trainer. Reported below are Roanoke's local results. The national data have been reported in the August, 1997 issue of the professional Journal, Child DeveloDment, showing TOP's impact on preventing teen pregnancy, school suspensions & course failures ROANOKE'S TEEN OUTREACH PROGRAM 1990: TOP was started by volunteers of the Junior League of Roanoke Valley, reaching 20 students at Patrick Henry High School and their families 1993: TOP expanded to reach 30 high school students at the Noel C. Taylor Learning Academy and at Patrick Henry High School and was selected by national as a model site, entitling it to the national impact evaluation process The following chart summarizes the results achieved in Roanoke in 1993-1994, when TOP students were compared with their peers: Patrick Henry High School Noel C. Taylor Learninq Acad-_my 30% fewer school suspensions* 63% less truancy* 17% receive fewer F's 23% fewer police/court contact 20% less likely to get pregnant or cause a pregnancy 23% less likely to begin using alcohol 12% less likely to begin using marijuana 54% less likely to fail courses* 31% fewer school suspensions* - 23% less truancy 46% fewer police court contacts* 8% more stayed abstinent 23% less likely to begin to use alcohol 46% less likely to begin smoking* Evaluation results reaffirmed the trend toward fewer pregnancies by students in TOP and demonstrated an impact on dropout prevention (a reduction of 33%) in the ninth grade, truancy reduction and course failure reduction. 1997: In 1997-1998 TOP expanded to reach 120 students. TEEN OUTREACH PROGRAM SPONSORS/PARTNERS TOP has been funded by: the United Way of Roanoke Valley, the Virginia Department of Health, the City of Roanoke Community Development Block Grant, The Roanoke Times, the Edgar Thurman Foundation, the March of Dimes, First Fridays, the Seay Foundation, the AAUW, Heironomus & the Junior League of Roanoke. Major partners who have helped to implement TOP include: eCity of Roanoke Schools, eRoanoke Adolescent Health Partnership, ®the Health Department, eDillard ResourceNet, ®the Junior League of Roanoke Valley, VA., ®the Unitarian Universalist Church, ®Prevention Plus of Blue Ridge Community Services, ®Office on Youth of the City of Roanoke, est. John's Episcopal Church, ®Deliverance Church Ministries, ®the Patrick Henry High School PTSA, ®Virginia Commonwealth University, ®Philliber Researchers, ®Radford University, ®Area nursing homes, ®Area preschools (Head Start programs), ®the Better Beginnings Coalition of the Roanoke Valley, ®Roanoke Valley Clean Valley Council, eThe Alive and Well Coalition (Teens Against Tobacco Use) ®American Red Cross, ®Art Museum of Western Virginia, ®Harrison Museum of African American History, ®The United Way Minority Leadership Program, ®Etiquette and Company ®City of Roanoke's Mayor's office, ®YWCA. These partners provide youthI to participate, places for teen voluntarism, volunteer mentors/drivers/tutors, sites for cultural exploration and life skills development, support for celebrating the contributions of the TOPlyouth. PROGRAM COMPONENTS OF TOP IN ROANOKE IN 1997-1998: ®LIFE SKILLS INSTRUCTION (A MINIMUM OF 25 HOURS) ®SERVICE-LEARNING (VOLUNTEER WORK) (A MINIMUM OF 25 HOURS) ®TUTORING AFTERSCHOOL (twice a week)* ®PARENT OUTREACH (5 EVENING-RECREATIONAL/EDUCATiONAL EVENTS) * ®MENTORING (Speakers, career role models, supervisors of volunteer work) eCELEBRATION OF VOLUNTEER WORK - RECOGNITION PROGRAMS · These components are unique to Roanoke -not required nationally. T.O.P. LOW COST, TOP RESULTS Often ,ve hear stories about the soaring costs of social welfare programs. 77~ese stories imply that we - tax payers, foundations, philanthropists, coordinators, volunteers, and policy- makers - are thro~ving our money and time into programs, resulting #~ fi'ustration over what is viewed as misspent, over-blown budgets. The Teen Outreach Program (TOP) is cost-efficient and cost-effective. The operating costs of a TOP site depends on a number 6f key factors, including the location of the site and the availability of human resources. In more 'than half of the TOP programs that are integrated into existing classes in schools, the cost of :~ staff and space is typically provided by the school district. In the school-based sites, TOP does not need to hire staff because a teacher facilitates the course. When current teachers or community volunteers serve as coordinators or facilitators, the TOP program can have costs as a low as $100 per student per year. Even in the sites where operational costs are higher, the factors which require larger budgets are minimized. The space required to host the TOP group is often provided by a civic organization or schools and supplies are frequently donated. The community also plays a vital role: people volunteer their time to coordinate the program; a local business donates food for an end of the year banquet; or a non-profit organization gives their space for facilitator training. The money invested in a TOP site is money well spent with positive results being both immediate and long-term. The community receives at least 20 hours of community service per year from each participant. The long-term reasons for investing in a pregnancy prevention program and academic enhancement program are also evident: the cost of raising a single child, or supporting the family of an unemployed person with inadequate job skills, exceeds the typical cost to run the TOP program for an entire community. Overall, the Teen Outreach Program is a model example of drawing on the strengths, talents, and resources of a community. The program illustrates how the community as a whole can pool its resources to help young people make healthy and responsible decisions. With an established history of accomplishment and a growing number of new sites, TOP will enjoy a bright and promising future. For more information regarding Teen Outreach Program, please contact Cornerstone Cofisulting Group, Inc. (CCG), One Greenway Plaza, Suite 550, Houston, Texas 77046, (713) 627-2322, or (713) 627-3006 (fax). ~ 8 I Impact of TOP on School Attendance: 1997-1998I 10.9 8.68 TOP Comparisons 2.6 3 41 Patrick Henry 10th Grade Fleming High School I Impact of TOP on Course Failure:1997-1998I 2.77 1.17 1.27 1.23 · 7¸7 TOP Comparisons Patrick Henry 9th Grade Patdck Henry 10th Grade Fleming High School Differences in Sexual Abstinence Comparing TOP Youth & Peers rr 70 ~ 60 o ~ 50 o 40 ~o ~ 20 ~_ ~o 0 46% ..... Patrick Henry 10th Grade Fleming High School ToP Comparisons Contraception Use Differences in Fleming High School ~100 ~ 90 a: 80 ~ 70 < 5O :~ .,40 .~ ..30 ~,.-,20 ~ O a.o 0 .1 Sexually Active TOP Students 71% Sexually Active Comparisons ~100 ~ 90 o° 8o-- 70 < 60 :'~ 50 ~ 40 ! e ..c:30 ~E20 IDifferences in Alcohol Use Comparing TOP Youth & Peers 62% m TOP Comparisons Patrick Henry lOth Grade Fleming High School A S~Y OF THE UNIQUE STRENGTHS OF THE THEN OUTREACH PROGRAM · DEMONSTRATED IMPACT ON TEEN PREGNANCY PREVENTION · DEMONSTRATED IMPACT ON ACADEMIC IMPROVEMENT · EVALUATION METHODOLOGY - 15 YEAR HISTORY, NATIONWIDE · COEDUCATIONAL APPROACH eREPLICABLE LIFE SKILLS CURRICULUM THAT TIES IN WITH TEEN VOLUNTARISM: CHANGING SCENES eTHENVOLUNTARISM IS NOT RANDOM ACTS OF KINDNESS - THIS COMPONENT IS CAREFULLY STRUCTURED FOR SUCCESS eTHCHNICAL ASSISTANCE AND TRAINING AVAILABLE IN VIRGINIA TO ENHANCE REPLICABILITY AND TO ASSURE QUALITY CONTROL · MULTIFACETED: PROMOTES COMMUNITY, FAMILY, CHURCH, AND SCHOOL INVOLVEMENT IN YOUTH DEVELOPMENT · APPLICABLE TO AGES 12 THROUGH 18 - AT LEAST, POSSIBLE TO EXTEND TO LOWER AND HIGHER AGE LEVELS, DESIGNED TO BE DEVELOPMENTALLY SENSITIVE · AlieNABLE TO ABSTINENCE ONLY OR ABSTINENCE-BASED APPROACHES · COST EFFECTIVE - IN ROANOKE COST IS APPROX. $660/STUDENT FOR A COMPREHENSIVE MULTIFACETED APPROACH TO IMPLEMENTATION The Teen Outreach Program has been nationally replicated in 35 cities across the country. Its wide appeal is due to the above cited identifying characteristics. At a core level a program must provide the following to be considered a Teen Outreach Program that is likely to produce the desirable impact: eA minimum of 25 hours of life skills training from the the Changing Scenes Curriculum eA m~nimumof 25 hours of teen volunteer work including training sessions in preparation, ongoing supervision reflection on the :experiential lessons from this work and celebrations of the teenagers' valuable contributions eTrained TOP coordinator and facilitators of the curriculum using the training & technical assistance approved by the Cornerstone Consulting Group · Valid evaluation methods (like Philliber Researchers') , STI:PIIANIE KI~JN.DAVIS / 771E/t~t.l,¥r)AT.* 77.11~.:¥ Hulish JOUrnalist Revs ~ein (le[t) chats with l~3y Bnnton as James Madison Middle School s[udefl[ Sarah Greene. 13. (right) spea~ ~th LouJe Oawdson at Raleigh Court Health Care Center Wednesday. Klein. who is v,s~bng American cities to exam,ne educational programs, is writing a book al)out how England could revamp ~ts educational system. English repealer looks to ~nerica for 'radial' fix of educational system C'Omlmred to their peers, l)rogranl director (3heri lhu'hnan said. 'roi' students m'e less likely to skip school. fail a chins or he inv.lvcd in a crime. By LISA APPLE~TE 'l'll l~ III I. IA'I IKI( Tl,l/b.~¥ .'r'~ I. flu" riehl .~ him. ~fm'k.~ v~llhlll'[ ~(,t, }~'(qtll~ hJ~ JltL~l'vJew~r had Lurned ~ffr Lhe li~ht,~. "Jl'~ Ihe only place where Ihere'~ m~ hack- hi~ write lift,hi he heard ~)~)11 Ih'il:flu via thu ai~vave~ ~ Ihe Brili~h :fl,oul Ihe Tven ()ulrem'h Pr~)~r;un, ('ailed TOP STEPIIANI£ KLEIN.DAVIS I 771A' IIII. I,Y¢IKI,; 7'l,llb:.Y TOP students Corey Javar Muse. 11. and Audrey Hall. 11. chat with Reva Kle,~. Klein is looking at programs that reduce the dropout rate and increase teens' zeal for school. il! h~.r I,)(,k, ('alh'd "1 )d,~l~'illg · roi, Sttl(h_,llL,~ Iltke I);lll. ill v.hmleor ad*lJvj- th'~ such ~.~ v,'.rking wJlh prescho. I chihh'm~ or the elderly. They also learn skills such ,ns how to) resoh-e conflid peacefully, develol) goo(l study hal)its anti make ~xSse choices al)out sex. The l)rogmm, designed lo improve the teens' self-esteem and school '~rfor. IllllllCe~ hiL~ beell ;ill ~('~dellljc elective al Ih)am)ke high s('h~)ls fi,r lO yea~. Klein lULS visiled cities in('luding New York, Detroit and ~ a~ (ff Wedne~by ~ Iloanoku to ~XlllltJlle ilrUgl.lllllS I)r(ivcI1 ti) re- (lll{'~ Lbo drl)l)Otll Fitle ~11(I ill('F~i~, let'llN' ell- Britain faccs what Kh, m c:flln "a aati~mal ;ire (i t() 12 limes re.re likely than o~ller chil- th'eft l. be expelled fr.m sch.ol. Klein ~liel ri~i(I ('hims slrllChll'e allfl h~w t()leram-~ fi~r i)lh- Ir'ill Ihilt j)rt,vellts illally childrell ~[i)lll 5tlC- cee(ling. "Kicls wll. act (mt are expelled, mid (lUielly in need ()f help ;ire e;~sily cn'url..ked 21ml llle)'.jt~sl dr()l) out." she said. Ilul the ~tJVt'l'lllllt.lll is ID'in~ ('hilll~(,, PLEASE SEE TOP I',IDS,'B~ EDITORIALS · TOP.secret: Teen esteem is earned and learned · Roanoke's Teen Out~each Program continues to divert kids " from risky behavior. Its successes should be transplanted ., and allowed to bloom elsewhere. SEXUAL promiscuity, unwed pregnancy, truancy, school dropouts, substance abuse, juvenile. delinquency...: · i These and practically every prob- lem, including acne, associated with the teen years have been linked to young people's lack of self-esteem. ' (Never mind that some teens' prob-. lems seem the result of too much self-esteem.) ~ So what to do about it? Rearrange the Universe so'the world, .or at least families and conununitie~, will re- volve around youngsters? Lecture kids to get self-esteem? Or involve them in programs that are centered on helping others less fortunate than themselves? .The latter has proved effective for hundreds of youngsters who have been involved with Roanoke's Teen Outreach Program in the last 10 years, and Roanoke's TOP continues t9.' win regional and national reCogni- · t~°n for diverting at-risk kids away from risky behavior. -7' Soon, its reputation could go. international. Next YOUR CAU~ What week, a British author, Reva do you think about IQein, will visit Roanoke to the issues raised ~tudy the TOP program for. in these editorial's? a book.she is. writing for Eu; ' To offer your opin-. ropean audiences on new ion, please call strategies.for dealing with young people. And it's well ~(orth studying, considering ~me of the impressive re- suits TOP has produced 'here: In the last school Year, a survey at Patrick Henry 981-3109 or, .out- side the Roanoke Valley, 1-800- 346-1234, exten- sion 109, and leave a voice-mail message. We'll publish a selection of responses. '. High School found that 10th-grade. TOP participants, compared with their nonparticipating peers, were 50 percent less likely to fail; 76 percent less likely to miss school; 27 percent less likely to be suspended; 37 per- cent less likely to be sexually acQve; 36 percent less likely to be involved in crime; and 27 percent less likely to use alcohol. Similar good results' were found at other schools where TOP has a presence, as has been the case for several years. The TOP secret: Young people involved in TOP aren't given self- esteem. They earn it and/earn it -- by. volunteering to work with younger at-risk kids in elementary schools, or by providing services to elderly people in nursing homes, or by reaching out to serve others in the community. Roanoke's TOP, One of 35 in the nation, was the only such program in Virginia.until recently. But based on its effectiveness here in · preVenting teen pregnancy, school dropouts and other negative outcomes, it was chosen to guide TOP's . expansion statewide.- : ~.' It is now being repli- cated in Roanoke County, Martinsville, Newport News and Richmond. ' Given the record in Roanoke, such develop- ment of programs in other parts of Virginia should be" a TOP priority. 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 April 20, 1999 File #60-467 SANDRA H. EAKIN Deputy City' Clerk Marsha W. Ellison, Chair Roanoke City School Board 2030 Knollwood Road, S. W. Roanoke, Virginia 24018 Dear Ms. Ellison: I am enclosing copy of Ordinance No. 34239-041999 amending and reordaining certain sections of the 1998-99 School and School Capital Projects Funds Appropriations, providing for appropriation of funds in connection with the following: $494,182.00 from 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 replacement of the 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 Literary Loan funds for the Addison Middle School Project. $190,870.00 from State Lottery proceeds being distributed to school divisions. $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. Marsha W. Ellison April 20, 1999 Page 2 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 19, 1999. Sincerely, City Clerk MFP:Io Enclosure pc: James D. Ritchie, Sr., Acting City Manager James D. Grisso, Director of Finance Ann H. Allen, Manager, Accounting Services, Department of Finance Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelly, Assistant Superintendent for Operations, Roanoke City Public Schools Cindy H. Lee, Clerk, Roanoke City Schools N:~CKLO1~AGENDA99~APR19.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 1999. No. 34239-041999. AN ORDINANCE to amend and reordain certain sections of the 1998-99 School and School Capital Projects Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 School and School Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: SchoolFund Appropriations Education Transportation (1) ......................................... Facilities (2-4) ............................................ Eisenhower Title II Professional Development '98-'99 (5-14) ........ $ 116,794,664 3,476,781 1,972,679 86,342 Revenue Education Grants-in-Aid Commonwealth (15) ............................ Federal Grant Receipts (16) ................................. $ 114,626,173 44,413,934 86,342 Fund Balance Reserved for CMERP - Schools (17) .......................... $ 136,661 School Capital Projects Fund Appropriations Education Addison Middle School Renovation (18-19) ..................... Ruffner Air Conditioning (20) ................................ $ 28,774,853 10,619,869 1,250,000 Capital Improvement Reserve $ ( Public Improvement Bonds 1997 Series (21) ................... ( Public Improvement Bonds 2000 Series (22) ' ( Revenue Due from State Literary Loan - Addison (23) ...................$ 1 ) Replacement of School Buses 2) Additional Data Processing Equipment 3) Additional Machinery and Equipment 4) Additional Furniture and Fixtures 5) Other Professional Services 6) Conventions/ Education 7) Educational and Recreational Supplies 8) Supplements 9) Compensation of Substitute Teachers 10) Social Security 11 ) Other Professional Services 12) Conventions/ Education 13) Food 14) Educational and Recreational Supplies 15) Educational Technology 16) Federal Grant Receipts 17).Reserved for CMERP-Schools 18) Appropriated from Bond Funds 19) Appropriated from Literary Loan Funds (030-060-6003-6676-0808) $ (030-060-6006-6104-0826) (030-060-6006-6111-0821 ) (030-060-6006-6683-0822) (030-060-6249-6004-0313) (030-060-6249-6004-0554) (030-060-6249-6004-0614) (030-060-6249-6008-0129) (030-060-6249-6008-0021 ) (030-060-6249-6008-0201) (030-060-6249-6008-0313) (030-060-6249-6008-0554) (030-060-6249-6008-0602) (030-060-6249-6008-0614) (030-060-6000-0647) (030-060-6249-1102) (030-3324) (031-060-6090-6896-9001 ) (031-060-6090-6896-9006) 190,870 85,000 10,008 399,174 3,000 3,415 500 2,500 5,500 1,000 44,750 22,177 2,000 1,500 190,870 86,342 (494,182) (4,828,899) 5,000,000 8,590,458) 7,639,437) 951,021) 5,000,000 20) Appropriated from Bonds Funds 21) Schools 22) Schools 23) Due from State Literary Fund - Addison (031-060-6098-6896-9001 ) (031-060-9706-9182) (031-060-9709-9182) $1,250,000 1,408,911 2,169,988 (031-1324) 5,000,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Marsha W. Ellison, Chairman Melinda J. Payne, Vice Chairman Charles W. Day F. B. Webster Day Sherman P. Lea Ruth C. Willson Brian J. Wishneff Dr. E. Wayne Harris, Superintendent Cindy H. Lee, Clerk of the Board Ci~ School Board P.O. Box 13145, Roanoke, Virginia24031 · 540-853-2381 · Fax: 540-853-2951 April 14, 1999 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: The School Board at its April 13 meeting approved appropriation requests for school needs. City Council is respectfully requested to appropriate funds for the following: $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 the 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 Literary Loan funds for the Addison Middle School project. The State will be releasing Literary Loan funds for the project in May from the Literary Fund loan approved by the School Board and City 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 one hundred percent by federal funds. Preparing Students for Success Members of Council Page 2 April 14, 1999 re The Board appreciates the approval of these requests. Sincerely, Cindy H Lee, Clerk CC: Mrs. Marsha W. Ellison Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mr. William L. Murray Mr. James D. Ritchie Mr. William X Parsons Mr. James D. Grisso Ms. Ann Allen (with accounting details) CITY OF ROANOKE City of Roanoke, VA. April 19, 1999 TO: Honorable Mayor and Members of City Council FROM: James D. Grisso, Director of Finance SUBJECT: School Board Request for Application of School and School Capital Projects Funds We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate the following: $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 the 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 Literary Loan funds for the Addison Middle School project. The State will be releasing Literary Loan funds for the project in May from the Literary Fund loan approved by the School Board and City 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 one hundred percent by federal funds. We recommend that you concur with this request of the School Board.  / Director of Finance JDG/HRH/pac Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk April 20, 1999 File #60-253 Sandra H. Eakin Deputy City Clerk Kit B. Kiser, Roanoke City Representative Roanoke Valley Resource Authority Roanoke, Virginia Dear Mr. Kiser: I am attaching copy of Resolution No. 34240-041999 approving the Annual budget of the Roanoke Valley Resource Authority for Fiscal Year 1999-2000, in the amount of $7,748,400.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 19, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: Allan C. Robinson, Jr., Chair, Roanoke Valley Resource Authority, 1020 Hollins Road, Roanoke, Virginia 24012 James D. Ritchie, Sr., Acting City Manager James D. Grisso, Director of Finance Mary H. Allen, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 Carolyn S. Ross, Clerk, Town of Vinton, 311 Pollard Street, Vinton, Virginia 24179 N:\CKLO 1L&GENDA99~d~R 19.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1999. No. 34240-041999. A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 1999-2000, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the annual budget for the Roanoke Valley Resource Authority for Fiscal Year 1999-2000, in the amount of $7,748,400 is hereby approved, all as more particularly set forth in the report to this Council dated April 19, 1999, from the Roanoke City representative to the Roanoke Valley Resource Authority. ATTEST: City Clerk. H,\HL%S~S\R-RVita~U.$ April 19, 1999 Report No. 99-333 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Roanoke Valley Resource Authority Fiscal Year 1999/2000 Budget The attached budget information is being presented in accordance with Section 5.9 of the October 12, 1991 Members Use Agreement. As your representative, I served on the Roanoke Valley Resource Authority Budget Committee and voted for approval of the budget at the March 24, 1999, Authority meeting. Net tipping fees for the charter member governments remain at the current rate of $51.00 per ton. Also enclosed with the attached information is a comparison of the 1999/2000 budget with the projections made to finance the capital improvement program. The report is presented to you with the recommendation that you grant your approval of the proposed fiscal year 1999/2000 annual budget for the Roanoke Valley Resource Authority in the total amount of $7,748,400. This is a reduction of $255,600 from the approved 1998/99 budget. KBK:afm Attachments CC: Allan C. Robinson, Jr., Chairman, RVRA James D. Ritchie, Acting City Manager William X Parsons, Acting City Attorney James D. Grisso, Director of Finance Respectfully submitted, Kit B. Kiser, Roanoke City Representative Roanoke Valley Resource Authority ROANOKE VAI LEY RESOURCE AUTHORH March 25, 1999 Mr. W. Robert Herbert City Manager City of Roanoke 215 Church Avenue Roanoke, VA 24011 Dear Mr. Herbert: On March 24, 1999, the Roanoke Valley Resource Authority approved its 1999/2000 annual budget. The budget totals $7,748,400 and represents a decrease of 3.5% from the current 1998/99 budget. This is the fifth consecutive year that the Resource Authority has been able to reduce spending. The budget includes a reduction in the tipping fee for municipal waste delivered by the Charter Members by $2 per ton. The tipping fees are now 13 % less than projected with the bond sale. However, the tipping fee credit fund will have been depleted by July 1, 1999 and will no longer be available. The Resource Authority continues its efforts to provide the most economical service possible while maintaining high quality service to the Roanoke Valley. This proposed budget is a reflection of these efforts. In accordance with the Member Use Agreement, the Resource Authority's 1999/2000 annual budget is being submitted for the City Council's approval. Attached is a summary of the budget, a comparison of the budget and the bond projections. A detailed budget is available, if additional information is needed. The Resource Authority is committed to serving the residents and businesses of the City of Roanoke and the other Charter Members, and we look forward to a challenging future. Sincerely, Kit B. Kiser Acting Chairman 1020 Hollins Road Roanoke, Virginia 24012 (540) 857-5050 Fax (540) 857-5056 RO~S~'qOKE'S UNIQUIB DISPOSAL SYSTEM Creek Transfer Station Smith Crap Station l~mJtill Boa~ o~ D~ec~o~s The Roanoke Valley Resource Authority Board of Directors is comprised of seven members appointed by the charter member jurisdictions. Four members represent Roanoke county, two members represent Roanoke Cit3, and one member represents the Tovm of Vinton. The Authority Board is governed by its Articles of Incorporations, Bylaws and the Members Use Agreement. The Roanoke Valley Resource Authorit?- is directed by a Chief Executive Officer with 32 employees. The Chief Executive Officer's Administrative Assistant acts as the Resource Authority's Secretary. Allan C. Robinson, Jr., Chairman Roanoke Count)..' Kit B. Kiser, Vice Chairman Roanoke C it?--' Diane D. Hyatt, Treasurer Roanoke County Douglas J. 'Anderson Roanoke Count3..' B. Clayton Goodman, III Town of Vinton Bittle W. Porterfield, III Roanoke Cit3' William J. Rand, III Roanoke Count3' John R. Hubbard Chief Executive Officer Carolyn B. Wagner Board Secretary Cor~nset The Resource Authority receives legal counsel through a contract with the Roanoke Regional Airport Commission. Mark A. Williarns, Esq. General Counsel The Roanoke Valley Resource Authority is proud of its accomplishments during the first six years of operation and enters the new millennium with the excitement of new challenges. This budget represents the continued commitment to provide high quality waste disposal service at a stable and fair rate. The 1999-2000 budget reduces expenses for the fifth consecutive year and provides a $2 per ton reduction in the tipping fees for municipal waste delivered by Charter Members_ Tipping fees are now 13 % lower than anticipated during the financial planning stage for the system. The Resource Authority continues to prepare for serving the Roanoke Valley well into the 21st century', with planned expansions to the Smith Gap Landfill and without increases in tipping 'fees. Streamlining operations and personnel, revenue enhancing initiatives and debt refinancing have all enabled the Resource Authority to improve its efficiencies and prepare for the future. Our commitment to remain financially strong with sound management practices is a continuing goal. The Resource Authority. looks forward to the future bringing new opportunities to better serve the Roanoke Valley governments, its citizens and businesses. Budget Summary Bond/Budget Comparison Resolution of Approval Disposal Fees Interest Income Beg~ Balance Sale of Recyclable Material Miscellaneous $ 7.i22.400 $ 600.000 $ 0 $ 6.000 $ 20.oo9 Personnel: Operating: Capital: Transfer to Reserves Debt Service 1.343.236 $ 2.435.164 $ 10.000 $ 1.160.090 $ 2.800.000 Municipal Private $ 55 Total: $ 7.748,40(}~ Total: $ 7.748,400 per ton per ton CATEGORY WASTE GENERATION (Tons) Solid Waste Generated Residential Waste Commercial Waste Less: Additional Source Recycling Residential Waste Commercial Waste Solid Waste to the System OPE1LATING REVENUES Tipp~g Fee Revenue Requirement Interest Income Recycling Income Total Operating Revenues OPERATING EXPENSES Landfill & Transfer Station Rail Expenses Total Operating Expenses NET REVENUES AVAILABLE FOR DEBT SERVICE DEBT SERVICE DEPOSITS TO RESERVE ACCOUNTS 'Closure Fund Renewal & Replacements Fund Equipment Reserves Environmental Fund & Contingencies Host Comrnuni~, Improvement Property Value Protection Total Deposits to R&R Fund HOST FEES EXCESS REVENUES INDENTURE COVERAGE TEST(. 10 MIN.) ADDITIONAL DEPOSITS TO RESERVES Further Site Development lmerim & Post Development Recycling Total Additional Deposits to Reserves SOLID WASTE TIPPING FEES/($/TON) Residential (Municipal) Commercial BOND PROJECTION 82,700 lO9,7oo (5,200) (6.809) 180,300 $ 11,087,000 485,000 $ 11,572,000 $ 3,589,000 1.989.000 $ 5,578dX)0 $ 5,994,001) $ 3,109.000 $ 500,000 $ 700,000 130,000 10,000 9 $ 840,000 $ 400,000 $ 1,145,000 .37 $ 920,000 25,000 $ 1345,o00 $ 58.64 $ 63.64 F.Y. 99100 BUDGET ~2,400 46,000 (0) 128,400 $ $ $ 7,122,400 600,000 6,000 $ 7,748~400 $ 2,297,249 1,091,170 $ 3,388,400 $ ACTUAL $ 2,800,000 250,000 $ $ 375,000 0 10,0130 9 $ 385,000 $ 400,000 $ 525,000 .18 500.000 25,000_ 0 525,000 51 55 Roanoke Valley Resource Authority RESOLUTION No, A RESOLUTION APPROVING THE AUTHORITY'S ANNUAL BLTDGET FOR FISCAL YEAR 1999-2000 AND AUTHORIZING SUBMITTAL OF SUCH BUDGET TO THE GOVERNING BODIES OF THE CHARTER MEMBER USERS FOR APPROVAL BE IT RESOLVED by the Roanoke Valley Resource Authority that: i. The fiscal year 1999-2000 annual budget for the Roanoke Valley Resource Authority as set forth in the reports dated February 24, 1999, and March 24, 1999, is hereby approved; 2. The Authority Chairman or Vice Chairman is authorized on behalf of the Authori¢- to submit the fiscal year 1999-2000 annual budget and bond comparison to the governing bodies of the Charter Member Users, being the Count3, of Roanoke, the City' of Roanoke, and the Town of Vinton, for approval in accordance with the requirements of the Roanoke Valley Resource Authori~- Members Use Agreement, dated October 23, 1991, as amended. ATTEST: Secre~-tary Mr. Rand made a motion to approve resolution RA99-294 to approve the F.Y. i999-2000 annual budget and authorize its submittal to the Charter Member Users for approval, seconded by Mr. ?mderson, and carried by the following recorded vote: AYES: Mr. Anderson, Mr. Goodman, Ms. Hyatt, Mr. Porterfield, Mr. Rand, Mr. Kiser NAYS: None ABSENT: Mr. Robinson Roanoke, Virginia April 19, 1999 99-10 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: I. Background: II. Briefing on the Proposed Fiscal Year 1999-2000 Annual Update to the Consolidated Plan Ao 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 process for preparing the next five-year Consolidated Plan, 2000- 2005, will begin later this year, and involve citizens in community workshops to determine needs and priorities throughout the City of Roanoke. The City receives annual grants from HUD based on a formula which considers age of housing, poverty levels and other "distress" factors. The amount of these 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 Roanoke does. Current Situation: HUD representatives informed City staff that Roanoke's 1999-2000 new CDBG and HOME entitlements will total $2,784,000, an increase of $61,000 over 1998-1999 funding. In addition, Roanoke will receive $75,000 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. Including the new entitlements, total funding of $4,091,728 is estimated to be available from the following sources for 1999-2000: Honorable Mayor and Members of Council April 19, 1999 99-10 Page 2 1999-2000 CDBG, HOME and ESG Funds Source CDBG HOME ESG Total 1999-2000 Entitlement 2,108,000 676,000 75,000 2,859,000 1999-2000 Planned Prgm Income 647,728 5,000 0 652,728 1998-1999 Transfer/Carry-over 315,000 10,000 0 325,000 1998-1999 Excess Prgm Income 250,000 5,000 0 255,000 Total Available 3,320,728 696,000 75,000 4,091,728 Bo Co These funds will leverage an estimated $24,819,448 in additional monies from federal, state, local and private sources, for a total program scope of $28,911,176. There are two significant projects that contribute to the high leveraging fund total; $5.5 million from the proposal submitted by Roanoke Neighborhood Development Corporation, and $15.6 million from the proposal for Washington Park Neighborhood - HOPE VI Revitalization submitted by Roanoke Redevelopment & Housing Authority. Public meetinqs were conducted on January 7 and March 30, 1999. The first public meeting provided an overview of past performance, reviewed anticipated funding levels, and obtained citizen input on community needs for preparation of the upcoming Five-Year Consolidated Plan, 2000-2005. Requests for proposals were distributed with emphasis on proposers meeting Roanoke Renaissance strategies as well as our own Consolidated Plan priorities and objectives. The first draft of the 1999-2000 Annual Update was presented at the second public meeting. (See Attachment C for citizens' comments from Public Meeting held on March 30, 1999). Proposals were required to address Consolidated Plan priorities and objectives and were reviewed by committees with specific expertise. Factors considered in rating and ranking proposals included, but were not limited to: * Suitability of design compared to goals in the Consolidated Plan and citizens priorities. * Feasibility of the project costs, objective(s) and attainability * Leveraged or matching funds offered * Program income generated by project * Past performance and experience * Project staffing compared to direct benefits * Priority as related to Roanoke Renaissance Strategies Honorable Mayor and Members of Council April 19, 1999 99-10 Page 3 III. IV. Program Obiectives: Proposed1999-2000 Annual Update recommends funding for nine (9) new projects and forty-three (43) previously funded projects. Twenty (20) proposed projects are not being recommended for any funding. (See Attachment A for HUD Funding Recommendations and Attachment B for Summaries of Projects). Fifty-two (52) individual projects and activities are being recommended for funding in whole or in part with CDBG, HOME, and/or ESG funds. These 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. Co HUD guidelines require that 70% of CDBG funds benefit Iow- and moderate- income individuals. The proposed CDBG budget exceeds the minimum requirements by at least 8%. Conclusion: 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, the creation of new job opportunities, human services, the strengthening of our neighborhood organizations and adequate administrative oversight for the entire program. It will allow us to build upon the successes of the past and to meet some urgent critical needs. On May 3, 1999, City Council has scheduled an evening public hearing to receive citizens' comments. On May 10, 1999, City 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. Respectfully submitted, Acting City Manager JDR/mm Honorable Mayor and Members of Council April 19, 1999 99-10 Page 4 Attachments CC: Acting Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Development Administrator FDETC Chief of Planning and Community Development City Engineer Building Commissioner Budget Administrator Economic Development Administrator Assistant to the City Manager for Community Relations Senior Accountant, Department of Finance Office of Grants Compliance AT~AC~q]~I~ A 1999/2000 HUD Funding Recommendation ~ Project NameI Agency II Current II Requested I Recommend HOMELESS: 88,600 163,840 121,537 Emergency Assistance Fund Soc. Services 50,000 50,000 50,000 RAM House Rke Area Ministries 0 23,340 23,340 TAP Transitional Living Center TAP 38,600 48,000 24,000 TRUST Shelter TRUST 0 25,000 24,197 YWCA Residence YWCA 0 17,500 0 HOUSING: 1,543,226 2,678,440 1,390,438 1627 Melrose NW Victor Banks 0 15,750 0 BRHDC/Habitat Land Acquisition BR Hsg Devel Corp 60,000 60,000 60,000 Cherry Hill Project RRHA 0 220,000 0 Code Enforcement Hsg Devel Ofc 142,000 167,846 147,000 Code Enforcement Support Hsg Devel Ofc 100,000 180,000 0 Consolidated Loan Program RRHA 552,522 700,000 500,000 Critical Assistance Repair for Elderly RRHA 90,000 90,000 60,000 Demolition !Bldg Dept 100,000 220,000 90,000 Down Pmt/Closing Cost-RRHA Prog RRHA 20,000 30,000 15,900 Empower Individuals w/Disabilities BR Ind Living Ctr 251000 45,000 20,635 Gainsboro Neighborhood Alliance GNA 0 30,000 0 Helping Elderly Live Pleasantly TAP 25,000 75,000 17,500 HOP Subsidy Program RRHA 30,000 60,000 16,000 Lick Run Water Damage Mitigation NNEO 0 45,375 0 Operation Paintbrush RNP/RRHA 59,104 99,500 21,250 Property Maintenance RRHA 7,500 20,000 7,500 Quick Response to Emergencies RRHA 40,000 45,000 23,000 RRHA Housing Projects Support RRHA 280,100 327,969 271,653 Vacant Lot Homesteading Hsg Devel Ofc 12,000 22,000 0 Washington Pk/HOPE VI Rehab RRHA 0 225,000 140,000 HUMAN SERVICES: 268,463 572,619 278,463 Adolescent Partnership Counselor Adolescent Hlth Part 15,000 34,915 15,700 Apple Ridge Programs Apple Ridge Farm 20,000 26,000 20,700 Business Training Initiative FDETC 38,000 62,450 38,700 Community Relations Conference City Mgr's Task Force 0 12,500 0 Empower Individuals w/Disabilities BR Ind Living Ctr 8,000 25,000 8,700 Job Trng Camp/Internship Office on Youth 32,000 64,462 32,700 Opportunity Knocks FDETC 15,000 25,000 15,700 Pregnant Teen/Teen Parent Soc. Services 20,000 25,828 20,700 Resource Mothers Health Dept 22,000 35,662 22,700 Scouting Eady Leads to the Future Skyline Girl Scouts 10,363 27,500 11,063 STRIVE One Stop Center :STRIVE 0 33,980 0 TAP Office Automation/PREP TAP 20,000 51,133 20,700 West End Ctr- Teen Group West End Ctr 20,450 44,103 21,350 YMCA Learning Center YMCA 18,000 59,736 18,700 YMCA Magic Place at Hurt Pk YMCA 16,650 20,350 17,350 YWCA Youth Club YWCA 13,000 24,000 13,700 199912000 HUD Funding Recommendation Project NameI Agency Current I Requested I Recommend NEIGHBORHOOD/ECONOMIC DEVELOPMENT: 1,294,102 4,604,864 1,672,190 11th St Business Revitalization BR Hsg Devel Corp 0 110,000 0 1627 Melrose NW Victor Banks 0 15,750 0 Commercial & Nbrhd Redev Activity (see note) Rke Nbrhd Dev Corp 146,400 1,834,750 92,000 Community Bus Devel Initiative Rke Chmbr of Comm 104,940 114,800 45,000 Econ Dev Investment Fund Econ Dev Dept 200,000 200,000 0 Gainsboro Neighborhood Alliance GNA 0 30,000 0 Greater G'boro Development Proj (seenote) =ublic Works Dept 0 0 '408,000 Hotel Roanoke 108 Loan Repayment -'inance Dept 559,762 557,190 557,190 Mini-Grants XVII Rke Nbrhd Prtnrshp 10,000 10,000 5,000 Neighborhood Development Grants :~ke Nbrhd Prtnrshp 20,000- 30,000 10,000 NNEO 10th and Center Proj NNEO 0 87,740 0 NW Child Development Center ~IW Child Dev Ctr 0 400,000 100,000 RRHA Econ Development Spt RRHA 3,000 119,634 5,000 SE Collaborating & Reaching Everyone Presby Ctr/B&G CIb 0 220,000 0 Shenandoah Hotel W Va Fnd Arts & Sci 250,000 250,000 250,000 Small & Minodty Bus Development Prog SW Va Corn Dev Fnd 0 50,000 0 West End Ctr- Master Expansion West End Ctr 0 175,000 100,000 YWCA Childrens Garden YWCA 0 400,000 100,000 Note: The $92,000 for RNDC is for its technical assistance needs through 6/30/2000; the $408,000 for the Greater Gainsbor° Develop- ment Proiect is for infrastructure encompassin~ the RNDC, Hi~lher Ed Center and Housin~ Authority project areas. ADMINISTRATION & PLANNING: 500,912 611,881 517,700 BRHDC CHDO Operating Funds BR Hsg Devel Corp 0 20,000 6,500 CDBG/HOME Administration Ofc Grants Compli 245,505 245,552 245,500 Community Bus Devel Initiative Rke Chmbr of Comm 20~060 10,000 10,000 Consolidated Plan Preparation Ofc Grants Compli 0 INA I 5,353 Fair Housing Study & Initiatives Fair Hsg Board 0 25,000 15,000 Gainsboro Neighborhood Alliance GNA 0 INA 0 HDO General Admin Hsg Devel Ofc 48~357 54,898 48,357 Historic/Architectural Review Officer Planning Dept 0 17,350 0 Indirect (CDBG Support) Costs Fin Dept/OMB/OGC 43,495 INA 43,495 Rke Housing Network Rke Hsg Ntwk 0 20,696 0 P, ke Wellness & Resources Center 'TAP 0 40,000 0 F~NP General Admin Rke Nbrhd Prtnrshp 73,495 77,949 73,495 RRHA General Admin RRHA 70,000 100,436 70,000 OTHER: 0 0 111,400 uncomm CHDO Proj and Operating Funds IOfc Grants Compli n/a n/a 111,400 B GRAND TOTALS I 8,631,644 4,091,728 FUNDS AVAILABLE BALANCE 4,091,728 DRAFT ANNUAL UPDATE - PROJECT SUMMARIES The following represents the projects to be included in the 1999-2000 Annual Plan. The projects are listed in alphabetical order according to the five categories listed in the Consolidated Plan. Homeless Housing Human Services Neighborhood & Economic Development Administration and Planning Page 1 Page 2 Page 4 Page 7 Page 9 "Homeless" Proposals Recommended for Funding Summaries Emergency Assistance Fund - (The Roanoke City Department of Social Services) Provides immediate assistance to low-moderate City residents to prevent emergencies such as evictions and termination of utility services. Individuals and families served through this program are at risk of losing their housing and family stability. These funds are only utilized if no other resources are available. RAM House - Provide a comprehensive day shelter 365 days a year. Provide assessments, group and individual job search and follow up. Refer participants to appropriate training or service agencies. Emergency assistance and referral services are also available. Funding requested for operational and maintenance costs. Transitional Living Center (TLC) - TAP combines long term supportive housing and comprehensive case management services, to enable homeless families and singles to become self- supporting. Funding requested is for general building repairs, remodeling of four single rooms to two family suites and operating expenses. TRUST Shelter - Provides emergency and transitional shelter beds, up to 90 days, case management, food, transportation and makes child care available to working families in the shelter. Funding requested is for staff.costs, operational and maintenance expenses. ATTACmq~NT B "Homeless" Proposals Not Recommended for Funding Summaries YWCA Residence - The YWCA offers transitional housing and supportive services to women. Funding requested is for program expenses to provide ongoing support to women who have transitioned out of the program and secured permanent housing. "Housing" Proposals Recommended for Funding Summaries BRHDC/Habitat - (Blue Ridge Housing Development Corporation/Habitat for Humanity in the Roanoke Valley) To provide the second of four commitments of funds for purchasing land upon which Habitat will construct affordable new housing. BRHDC will acquire and transfer the properties to Habitat. Critical Assistance Repair for the Elderly (C.A.R.E.) - (Roanoke Redevelopment and Housing Authority and League of Older Americans) To provide grants to very-low-income, at-risk and frail elderly homeowners for non-cosmetic repairs of dangerous housing conditions, including emergency repairs, and to assess additional needs of these homeowners. Code Enforcement - (Housing Development Office) To eliminate and prevent substandard buildings, especially housing, in eligible areas of the City. Funds will be used for salaries and fringe benefits for three building inspectors and three-fourths of a secretary, and related materials and supplies needed in the process of enforcing the Building Maintenance Code and conducting the rental inspections program. .Consolidated Loan Program - (Roanoke Redevelopment and Housing Authority) To provide eligible home or rental property owners in Conservation Areas, Rehabilitation Districts and Enterprise Zones affordable housing rehabilitation financing through active or deferred loans or grants. Demolition - (Building Department) To demolish vacant, condemned buildings that are in an advanced state of deterioration and which are either in danger of collapse or failure, or for which rehabilitation is not feasible, and whose owners have failed to abate the unsafe conditions as ordered under the Virginia Building Maintenance Code. Downpayment/Closing Costs Assistance for RRHA Homeownership Program.x - (Roanoke Redevelopment and Housing Authority) To provide grants to assist families in purchasing homes through its Homeownership Opportunities Program, Enterprise Homeownership Program, and other homeownership activities. 2 ATTACNHENT B Empowering Individuals With Disabilities - (Blue Ridge Independent Living Center, Inc.) To assist individuals with disabilities to live as independently as possible within their own homes and community by providing home rehab/modifications such as the installation of ramps and grab bars, and the purchase ofassistive devices or aids to daily living. Helving Elderly Live Pleasantly - (Total Action Against Poverty) To provide grants for emergency repairs to single family homes owned by very-low-income elderly City residents. HOP Subsidy Program - (Roanoke Redevelopment and Housing Authority) To subsidize the construction of new housing under the Authority's "Homeownership Opportunities Program" (HOP) and avoid depletion of the HOP funds due to project costs exceeding sales prices. Operation Paintbrush - (Roanoke Neighborhood Partnership/Roanoke Redevelopment and Housing Authority) To improve the appearance of neighborhoods through exterior painting or siding and minor repairs to homes of eligible residents who are physically or financially unable to maintain their properties. Property Maintenance - (Roanoke Redevelopment and Housing Authority) To provide for maintenance activities including mowing, weed and tree removal, trash removal, and dumping fees regarding approximately 175 parcels of land acquired by the Authority at the request of the City under the urban renewal and CDBG programs. Quick Response to Emergencies - (Roanoke Redevelopment and Housing Authority) To provide assistance to eligible homeowners with the repair of very serious and possibly life threatening emergencies such as burst plumbing lines and inoperable furnaces; where appropriate, the program may also assist with limited repairs for recipients of previous housing programs. RRHA Housing Suv_vort - (Roanoke Redevelopment and Housing Authority) To provide staff and other support for housing activities for projects implemented by the RRHA. Support will be divided among the various housing programs. Washington Park/HOPE VI - (Roanoke Redevelopment and Housing Authority/Development Division) To provide funds for the rehabilitation of substandard residential owner-occupied homes in areas adjacent to the Lincoln Terrace Public Housing redevelopment project. "Housing" Proposals Not Recommended for Funding Summaries 1627 Melrose NW - (Victor Banks) To construct efficiency apartments on the second floor of this structure, the income fi.om which would be used to support a neighborhood physical fitness facility to be located on the ground floor. ATTAC]R~ENT B Cherry Hill Project - (Roanoke Redevelopment and Housing Authority/Development Division) To provide funds for the acquisition, demolition and clearance of this blighting structure as part of the overall redevelopment of the Gainsboro area. Code Enforcement Support Program - (Housing Development Office) To provide assistance for repairs to substandard properties identified through Code Enforcement activities. Funds are expected to be committed to projects that are financially infeasible without the subsidies and that either leverage other resources or will revolve the funds for eventual reuse. Gainsboro Neighborhood ^llia_nc~. - Develop a five-year Neighborhood Plan, provide repairs/rehabilitation assistance to fit~een owner-occupied homes, develop landscaping, distribute and explain housing code enforcement guidelines to all residents and landlords/tenants and gain valuable organizational capacity through education, training and other skills development. Lick Run Creek Water Damage Mitigation Project - (Northwest Neighborhood Environmental Organization) To provide housing rehabilitation funds to mitigate some of the effects of heavy rainfall for homeowners in the Gilmer neighborhood located in the vicinity of Lick Run Creek. Vacant Lot Homesteading - (Housing Development Office) To reimburse non-profit or for-profit agents building new houses on vacant lots in older areas of the City up to $4,000 per lot for such expenses as the purchase price of the lot, site preparation costs, permit fees, utility connection fees, and costs of buying or selling the property; funds may also be used to assist buyers of houses that have been renovated for sale to low- and-moderate-income home buyers. (I-IDO has requested that the $8,000 originally recommended for Vacant Lot Homesteading be added to the $139,000 originally recommended for Code Enforcement.) "Human Services" Proposals Recommended for Funding Summaries Adolescent Partnership Counselor - (Roanoke Adolescent Health Partnership, Inc.) Continue funding for a Licensed Professional Counselor to continue to offer free health care services to all Roanoke City teens through two School-Based Health Centers and School-Linked Health Center located at Hurt Park Housing Community. Apple Ridge Summer Camp & Follow-up Program - (Apple Ridge Farms, Inc.) Provide summer camp and follow-up program to approximately 160 youths, ages 6-16 from Roanoke City's public housing communities. Thirty outstanding campers will continue to participate in a school-year follow-up program. The objectives of these programs are to increase environmental awareness, social growth, hands-on participation and learning, and to expose children to social situations which require both cooperation and individual responsibility. 4 ATTACNI~ENT B Business Training Initiative -(Fitth District Employment & Training Consortium) Work with nine local businesses to assist them in identifying the occupational skills needed by employees to effectively perform their jobs. Assist businesses to develop the curricula and serve as the broker of the requisite training program. Also, provide individualized job placement services for 100 low to moderate income job seekers. Job placement services will include skills assessments, pre- employment training and job retention skills training. Empowering Individuals with Disabilities - (Blue Ridge Independent Living Center) Allows for financial assistance to eligible individuals with disabilities to purchase assistive devices or aids needed for daily living. Job Training Camp/Summer Interns/Summer Food Service Program - (Roanoke City Office on Youth) Provide Job Training Camp for 100 youth, 12 -15 years old, to learn about the world of work through classroom training. Provide work experience for up to 45 high school, college students and seasonal workers in the area of Summer Food Service program. Also to provide staff development training for Community Education staff. Opportunity Knocks - (Fifth District Employment & Training Consortium) Provide practical work experience for 47 "high-risk" youth between the ages of 18 - 24 and participate in appropriate education and training activities, while carrying out community service projects. Pregnant Teen/Teen Parent - (Roanoke City Dept. Of Social Services) Provide funding for a full- time parent aide to provide intervention services to ensure healthy mothers and babies; to delay subsequent pregnancies; to complete school/training and gain employment; to reduce involvement with Child Protective Services; to improve teen self-esteem; and to learn appropriate parenting skills. Resource Mothers - (Roanoke City Health Dept.) Provide counseling and supportive services to increase the percentage of satisfactory birth outcomes of babies born to clients in the program and to aim to reduce the 25% repeat pregnancy rate among teens in the City to the current program level of less than 3%. Scouting Early Leads to the Future (S.E.L.F.) - (Va. Skyline Girl Scouts, Inc.) To continue, and to provide for expansion of, the Scouting Early Leads to the Future program for at-risk girls 5-17 years of age within the housing communities of Roanoke City. Addresses issues such as self- esteem, prevention of teen pregnancy, drug abuse, and the lack of female leadership. TAP - Office Automation/PREP Work.q - An employment training partnership with area businesses. Provide economically disadvantaged adults with hands-on technical skills training. Students are given the opportunity to intern in participating businesses, and their training is tailored to meet the needs of the businesses. ATTACNHEI~ B West End Center for Youth - Teen Group - (West End Center for Youth) Provides a comprehensive neighborhood outreach program for 161 children in grades K-12 who live in SW and NW sections of Roanoke's inner city. Funding requested will allow for continuation of serving five teens in a new teen group established last year and provide service to an additional five teens. YMCA 2 l't Century_ Community Learning Center/Summer Outreach - (YMCA Family Center Branch) Provide a five-day a week After School Program and Summer Outreach for at-risk pre- teens between the ages of 11-15. Purpose is to help underachievers become classroom achievers in academics and good behavior, attending school regularly and introduce various career opportunities through a mentorship program. YMCA Magic Place at Hurt Park - (YMCA of Roanoke Valley) Provide a licensed after-school child care program at the Hurt Park Elementary School for 50+ at-risk children who live in the Hurt Park Housing Development and surrounding community. The program includes tutorial and homework assistance and educational field trips. YWCA Youth Clubs - (YWCA of Roanoke Valley, Inc.) Provide a program that specifically addresses the needs of young gifts who are at a statistically vulnerable age and therefore, at-risk of becoming pregnant. "Human Services" Proposals Not Recommended for Funding Summaries Community Relations Conference - (City Manager's Task Force on Community Relations) Plan and implement a regional conference that will cover diversity and its impact on urban growth and economic development; will make companies aware of changes in demographics to create strategies to ensure they will have the proper tools to meet the needs of a changing workforce. One hundred scholarships to be given to low-income adults and youth. One Stop Center - (STRIVE Economic Empowerment) Provide a one- stop community oriented resource, information, referral, counseling center for 160-200 people including an estimated 60 at- risk teenagers in Census Tract 7, Block 3. Will provide individual assistance with GED's, illiteracy and drop out prevention; drug abuse intervention, teen pregnancy prevention and counseling on a daily basis. ATTACN~T B "Neighborhood and Economic Development" Proposals Recommended for Funding Summaries Commercial Business Development Initiative (CBDI) - (Roanoke Regional Chamber of Commerce) Requests funds to continue the operation of the Community Business Development Initiative. CBDI will provide an economic development activity to promote business development in the City of Roanoke. Commercial and Neighborhood Communi _ty Redevelopment Pre-Construction and Infrastructure, Construction Activity -(Roanoke Neighborhood Development Corporation) To provide funds for technical assistance in support of the pre-construction and construction phase implementing two catalyst projects to create a sustainable community through an appropriate mix of development. The primary objective continues to be to provide services to and access to services for low and moderate-income citizens of the community. (Refer also to Greater Gainsboro Development Project Summary.) Greater Gainsboro Development Project - (City Public Works Department) Funds'for infi'astructure design and improvements in a project area bounded by Second Street, Shenandoah Avenue, Jefferson Street, and Wells Avenue in northwest Roanoke, encompassing the RNDC, Higher Education Center and Housing Authority Project areas. Hotel Roanoke 108 Loan Payment - (Roanoke City Department of Finance and the RRHA) To pay principal and interest for the Hotel Roanoke Section 108 Loan of $6,000,000. The loan was for the renovations of the Hotel Roanoke. With the re-opening of the Hotel Roanoke, 300 jobs were to be created, with 70% of the jobs to be filled by low to moderate income persons. As of October, 1995, 368 jobs were created, of which 216 were filled by low to moderate income persons. Mini-Grants )IIX - (Roanoke Neighborhood Partnership) The Mini-grant program will provide 14 grants of up to $1,500 to member neighborhood organizations. Funds will be combined with 25% neighborhood matching funds to complete a variety of projects. CDBG funds will be used in neighborhoods that are eligible for such funding. Neighborhood Development Grants - (Roanoke Neighborhood Partnership) The Neighborhood Development Grant program will provide grants to neighborhood organizations for projects between $1,875 and $10,000. Northwest Child Development Center - (Located at 1523 Melrose Avenue, NW) Is seeking funding in order to purchase the building and to make repairs. CDBG funds would be for the purchase and repairs. Estimated amount of funding needed is $400,000. 7 ATTAC~fENT B RRHA Economic Development Support - (Roanoke Redevelopment and Housing Authority) To provide staff and other support needed to continue and/or complete current economic development projects such as Deanwood Industrial Park and Shaffers Crossing Industrial Park. Shenandoah Hotel - (Western Virginia Foundation for the Arts and Sciences) To provide the second of three commitments of funds for the acquisition and restoration of this downtown structure. West End Center for Youth Master Expansion Project - (West End Center for Youth) Provides a comprehensive neighborhood outreach program for 161 children in grades K-12 who live mostly in the SW and NW sections of Roanoke's inner city. The Center offers structured activities designed to develop and foster self esteem and productive lifestyles. Funds requested is for the purchase of a building located at 1210 Patterson Avenue, SW. YWCA Children's Garden - This will be an early childhood development center and higher education laboratory. The program will serve 85 children between the ages of 6 weeks and 5 years of age. Children of all abilities including those with disabilities (physical, mental and emotional) who can be reasonably accommodated will be served. "Neighborhood and Economic Development" Proposals Not Recommended for Funding Summaries 11~' Street Business Revitalization - (Blue Ridge Housing Development Corporation) Seeks to provide commercial rehabilitation in the 11~' Street Business District. BRHDC's proposal includes, the acquisition and rehabilitation of a dilapidated commercial structure located at 411 11~ Street, acquisition of 2 vacant commercial lots on either side of the building and the creation of an organized and viable 11t~ Street Business District Association. Outcomes will include, new opportunities for affordable, high-quality business rental spaces, neighborhood stabilization and increase the shopping opportunities for community residents. 1627 Melrose NW - (Victor Banks) To construct efficiency apartments on the second floor of this structure, the income from which would be used to support a neighborhood physical fitness facility to be located on the ground floor. Economic Development Investment Fund - (Office of Economic Development) To help businesses seeking to redevelop commercial properties located within the Downtown Service District. The City would make investments in the renovation of blighted structures and help to create jobs and/or housing in those areas designated as historic districts. ATTAC~fEI~ B Gainsboro Neighborhood Alliance - Develop a five-year Neighborhood Plan, provide repairs/rehabilitation assistance to fifteen owner-occupied homes, develop landscaping, distribute and explain housing code enforcement guidelines to all residents and landlords/tenants and gain valuable organizational capacity through education, training and other skills development. 10~ & Center - (Northwest Neighborhood Economic Opportunities) The preparation of a neighborhood master plan to create a blue print for redeveloping and revitalizing the Loudon/Gilmer neighborhood that stretches from 5th Street to 14~ Street and crosses from Shenandoah Avenue to Moorman Avenue. In Phase I, NNEO wishes to purchase all the properties on the block, demolish all the structures, clear the vacant lots completely by removing the shrubs, deteriorating trees and debris, and clean up the whole block which will be a big improvement for residents (homeowners) in the 800 block of Centre. Further, it will improve the impression from Tenth Street. Southeast C.A.R.E. (Collaborating and Reaching Everyone) - (Presbyterian Community Center and Boys and Girls Club) This project is a joint effort between the Boys & Girls Clubs of Roanoke Valley and the Presbyterian Community Center to conduct a project with the following: Phase I - Renovate the Boys & Girls Club location at 1714 9~ Street, SE and conduct youth programs after school and summers. Phase II - Renovate the Presbyterian Community Center location at 1228 Jamison Avenue, SE to provide adult services and emergency relief programs. Small and Minority Business Development Program - (Southwest Virginia Community Development Fund) SVCDF will provide business counseling services to Small and Minority businesses to assist them in the evaluation, formation, and expansion of their business enterprises. Our targeted area will include the Northwest quadrant of the City of Roanoke, the downtown or central business district and industrial parks located throughout the City. "Administration/Planning" Proposals Recommended for Funding Summaries BRHDC CHDO Operations - (Blue Ridge Housing Development Corporation) To provide funds for staff and other operating costs associated with BRttDC's CHDO projects. Commercial Business Development Initiative (CBDI) - (Roanoke Regional Chamber of Commerce) Requests funds to continue the operation of the Community Business Development Initiative. CBDI will provide an economic development activity to promote business development in the City of Roanoke. Consolidated Plan Preparation - (Office of Grants Compliance) To provide for the additional costs anticipated regarding development, including public participation, printing and publication of the next Five-Year Consolidated Plan for the 2000-2005 period. 9 ATTACHNENT B Fair Housing Study and Initiatives - (Roanoke City Fair Housing Board) To launch an extensive educational campaign, including a study on the analysis of impediments to fair housing, two public workshops, the printing and distribution of brochures and pamphlets accompanied by continuous follow-ups and community interaction and a youth performance on fair housing issues. Housing Development Administration - (The Housing Development Office) To provide administration of the Housing Development Office, excluding expenses relating directly to Code Enforcement. Included are salaries, fringes, and related expenses for the Housing Development Technician and one-third Secretary. Also, other support expenses of the entire office including the Housing Development Coordinator. Indirect Costs - (The Office of Grants Compliance, in coordination with the Department of Finance and the Office of Management and Budget) To provide reimbursement to the City of Roanoke for costs incurred by other departments in support of CDBG-funded activities. Office of Grants Compliance - (The Office of Grants Compliance) For costs associated with the administration of all HUD Entitlement Grants received by the City of Roanoke. Roanoke Neighborhood Partnership - (The Roanoke Neighborhood Partnership) For the CDBG associated costs with the support of the City Council appointed Steering Committee, 25 neighborhood organizations, three business associations, forming organizations, City government and volunteers. RRI-IA General Administration - (The RRHA) For administrative support of their agency. "Administration/Planning" Proposals Not Recommended for Funding Summaries Gainsboro Neighborhood Alliance - Develop a five-year Neighborhood Plan, provide repairs/rehabilitation assistance to fii~een owner-occupied homes, develop landscaping, distribute and explain housing code enforcement guidelines to all residents and landlords/tenants and gain valuable organizational capacity through education, training and other skills development. Historic/Architectural Review Officer - (Planning & Community Development Department) Create a new staff position to address historic and architectural review issues required by local, state and federal regulations for improvements to historic properties or those located in a historic district. Roanoke Regional Housing Network - (Standing Committee of Council of Community Services) Will be responsible for implementing five recommendations in the Housing section of the Roanoke Renaissance report. Roanoke Renaissance Community Wellness and Resource Center - Seek money for a staff person to implement the development of a pilot neighborhood wellness and resource center. 10 ATTACNIqENT C 199912000 CONSOLIDATED PLAN ANNUAL UPDATE MARCH 30, 1999, PUBLIC MEETING PUBLIC COMMENTS AT MEETING Florine Thornhill, Northwest Neighborhood Environmental Organization (NNEO) Ms. Thornhill spoke of the background and the need regarding NNEO's two proposals that are not being recommended for funding. She referred to the water problem that gets into the basements of property owners in the vicinity of Lick Run and also spoke of the need for funding in the 10th and Center area. Recognized that not all projects can be funded, but there should be priorities. Elizabeth Burford, Northwest Neighborhood Environmental Organization (NNEO) Ms. Burford spoke of NNEO's self-help approach and the need for CDBG funds to continue NNEO's vision. Requesting reconsideration for funding for the 10th and Center project. Bill Poe, Roanoke Regional Housing Network (Committee of Council of Community Services) Mr. Poe spoke on not being put in an awkward situation of trying to fulfill functions requested by Roanoke Renaissance but having the proposal considered in the administration category, which is very limited. He requested that the proposal be reconsidered for funding. Pearline Tanner, Northwest Neighborhood Environmental Organization (NNEO) Ms. Tanner, a homeowner at 803 Gilmer Avenue, NW, has experienced the water problem from Lick Run and requested funding support. Kaye Hale, West End Center for Youth Ms. Hale expressed gratitude for funding recommendation however she requested that more funds be considered for West End's Master Expansion Project. This project is going to cost approximately $600,000, by only getting $100,000 will slow down the project. Also asked for information on the Greater Gainsboro Development Project. Nadirah Preston, Total Action Against Poverty - Transitional Living Center Ms. Preston spoke of the needs of the homeless and for needed funding for agencies working with homeless and was grateful to see money recommended for this purpose. She also encouraged City to increase the funding going into neighborhoods and parks. O~ice o~ tt~e Cit~ ~anac~er April 16, 1999 Honorable Mayor and Member of City Council Roanoke, Virginia Subject: Fiscal Year 1999-00 Resource Allocation Plan (Budget) Dear Mayor Bowers and Members of Council: You will find attached a copy of the Recommended Fiscal Year 1999-00 Resource Allocation Plan (Budget). The budget will be formally presented to City Council on Monday, April 19. A public hearing on the recommended budget is scheduled for Monday, May 3, at 7:00 p.m., at the Roanoke Civic Center-Exhibit Hall. I look forward to working with you during budget study and all activities associated with the adoption of the budget. Respectfully, J~s D. Ritchie Acting City Manager CC: Diane S. Akers, Acting Assistant City Manager Mames D. Grisso, Director of Finance ary F. Parker, City Clerk William X. Parson, Acting City Attorney James D. Grisso, Director of Finance Sherman M. Stovall, Acting Budget Administrator Room 364 Municipal South 215 Church Avenue. S.W Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-: :38 CityWeb:www ci roanoke va.us Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk April 21, 1999 File #60-102-183-514 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34241-041999 amending and reordaining certain sections of the 1998-99 Capital Projects Fund Appropriations, providing for transfer of $310,000.00 to the Capital Improvement Reserve for Streets and Bridges. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 19, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: James D. Ritchie, Sr., Acting City Manager William F. Clark, Director, Public Works Barry L. Key, Manager, Office of Management and Budget Charles M. Huffine, City Engineer Robert K. Bengtson, Traffic Engineer H:~AGENDA99XAPR 19.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 1999. No. 34241-041999. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Improvement Reserve Capital Improvement Reserve (1) ............................. 1 ) Streets and Bridges (008-052-9575-9181) $ 310,000 $ 11,366,068 665,508 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. AI-I'EST: City Clerk. April 19, 1999 No. 99-122 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia SUBJECT: Transfer of Capital Funds Dear Mayor Bowers and Members of City Council: I. Back,qround: Ao The Transfer to Capital Projects Fund account in the General Fund includes $310,000 budgeted for the Transportation Projects in FY 1998-1999. II. Current Situation: III. IV. This amount has not been appropriated in accounts in the Capital Projects Fund. This needs to be done in order to properly reserve these funds for the transportation projects they were intended to finance. Capital Improvement Pro.qram projects related to transportation would ultimately have up to $310,000 available as a supplement to funding previously made available from the past two (2) bond referendums. Issues: A. Timing B. Transportation project~ Alternatives: City Council appropriate $310,000 from the Transfer from General Fund into the Capital Improvement Reserve for Streets and Bridges. Timing is important for funds to be appropriated prior to the end of the fiscal year, thereby placing the funds in an account for their intended use. Transportation projects previously funded from the past two (2) bond referendums can be supplemented, as needed, with these funds. Specifically, $245,322 is intended for use as the City's share of Virginia Department of Transportation (VDOT) projects (this includes 10th Street, N.W., improvements as well as the 13th Street, S.E./Hollins Road, N.E., Project) and $64,678 is intended for use on Mayor Bowers and Members of Council 99-122 Page 2 April 19, 1999 new traffic signal projects previously approved (such as Brambleton Avenue at Overland Road, S.W., and Hollins Road at Liberty Road, N.E.) City Council not appropriate $3101000 from the Transfer from General Fund to Capital Improvement Reserve for Streets and Bridges. Timing needs are not met and funds may not be designated for transportation purposes. Transportation projects that require supplemental funding would need to be funded from other sources. Recommendation is that City Council appropriate $310,000 from the Transfer from General Fund into the Capital Improvement Reserve for Streets and Bridges. Respectfully submitted, Acting City Manager WRH/RKB/gpe copy: City Attorney Director of Finance Director of Public Works Office of Management & Budget City Engineer Traffic Engineer CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk April 23, 1999 Sandra H. Eakin Deputy City Clerk File #60-102-183-514 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, April 19, 1999, Council Member Swain inquired as to the anticipated start date for the Tenth Street, N. W. Project. The Director of Public Works advised that he would provide the requested information. Sincerely, 7~ Mary F. Par'~er, CMC/AAE City Clerk MFP:Io pc: William F. Clark, Director, Public Works H:'~AGENDA99'~PR 19. WPD Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk April 21, 1999 File #60-301-472 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34242-041999 amending and reordaining certain sections of the 1998-99 General and City Information Systems Funds Appropriations, providing for appropriation of $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, in connection with certain high priority technology needs and enhancements. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 19, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: James D. Ritchie, Sr., Acting City Manager William F. Clark, Director, Public Works Archie W. Harrington, Manager, City Information Systems H:~AGENDA99'~PR 19. WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 1999. No. 34242-041999. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and City Information Systems Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 General and City Information Systems Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in Part: General Fund Appropriations Public Safety $ 40,147,311 Jail (1) .................................................. 8,344,658 Nondepartmental $ 61,651,611 Transfers to Other Funds (2) ................................. 60,901,608 Fund Balance Reserved for CMERP - City (3) ................................ $ 1,486,167 ClS Fund Appropriations GIS Study (4) ............................................. $ Meals/Business Tax Systems (5) .............................. Public Safety Automation Project (6) ........................... Learning Center Equipment (7) ................................ Treasurer Equipment (8) ..................................... 79,463 85,000 2,775,451 15,742 41,300 Revenues Nonoperating Transfers from Other Funds (9) ............................... Retained Earnin,qs Retained Earnings - Unrestricted (10) .......................... $ 1) Recovered Costs 2) Transfer to CIS Fund 3) Reserved for CMERP 4) Appropriated from General Revenue 5) Appropriated from General Revenue 6) Appropriated from General Revenue 7) Appropriated from General Revenue 8) Appropriated from General Revenue 9) Transfer from General Fund 10) Retained Earnings (001-024-3310-8005) (001-004-9310-9513) (001-3323) (013-052-9804-9003) (013-052-9820-9003) (013-052-9831-9003) (013-052-9832-9003) (013-052-9833-9003) (013-020-1234-1032) (013-3336) (94,625) 216,667 (122,042) 30,000 35,000 177,153 15,742 41,300 216,667 (82,528) $ 1,044,872 1,015,454 4,594,688 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. April19,1999 The Honorable Mayor and Members of Roanoke City Council Roanoke, Va. RE: Capital Maintenance and Equipment Replacement Program Information Technology Dear Mayor Bowers and Members of Council: Each year as a part of our Capital Maintenance and Equipment Replacement Program (CMERP), city departments are asked to submit their requests for information technology needs. Over five million dollars in requests were received this year. These requests were forwarded to our Information Technology Committee (ITC) for their review and recommendations. ITC members include: James Grisso, Chairman, David Anderson, Bob Bird, William Clark, Carolyn Glover, Archie Harrington, Beverly James, Barry Key, and George Snead The ITC spent a great deal of time and energy in detailed analysis of the requests. Information was provided by departmental staffs, and CIS staffhelped gather, assimilate and organize information and made reports to the ITC. With consideration of costs of the individual requests and benefits to be derived and also considering consistency with long term technology directions, the ITC developed priorities and funding strategies and made recommendations on priority projects to the City Manager. City Council has already received and acted on funding requests for two of the technology projects included in this year's plan. These include the Public Safety Project and a Development Review Project for the Planning and Building Inspection Departments. The attached report requests that City Council appropriate funds for those projects recommended by the ITC and approved by the City Manager but not yet funded. The ITC has done a great job again this year, and I would like to thank them for their work. Members include: James Grisso, Chairman, David Anderson, Bob Bird, William Clark, Carolyn Glover, Archie Harrington, Beverly James, Barry Key, and George Snead. Respectfully submitted, J~ D. Ritca'~"~e Acting City Manager cc: William X. Parsons, Acting City Attorney James D. Grisso, Director of Finance William F. Clark, Director of Public Works Archie Harrington, Manager of City Information Systems ITC Committee Council Report No. 99-124 April 19, 1999 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Fund Appropriations from Capital Maintenance Equipment Replacement Program and Prior Year Retained Earnings ~ on the subject is: F_gliding_is available from Capital Maintenance and Equipment Replacement Program (CMERP) and CIS Prior Year Retained Earnings accounts for high priority technology needs and enhancements. Over five million dollars of technology, needs were identified and presented to the Information Technology Committee (ITC) for consideration. The ITC, after diligent deliberations, developed a list of priority projects within funding constraints (see Attachment A) and made recommendations to the City Manager. Automated Public Safety Systems were considered the highest priority and subsequently City Council was asked to award bids and appropriate funds on February 16, 1999. City Council was asked to appropriate $2,598,298 of the $2,886,280 needed for Phase I of the Public Safety Project. A new Development Review System for the Planning and Building Inspection Departments was also a high priority, and City Council was asked to appropriate an additional $50,000 on March 15, 1999 for that purpose. The City Manager, by authority designated by City Council, may authorize contracts of up to $75,000 provided funds have been appropriated by Council to accounts. Items or projects to be purchased either have been bid or will be bid in accordance with the procurement section of the Code of the City of Roanoke. II. Current Situatioll is: Appropriation of fund8 from CMERP and Prior Year Retained earnings are needed to provide for the acquisition of items listed on Attachment A. Funding being requested includes: 1. Automated Public Safety Systems-Phase I $177,153 2. Local Tax System 35,000 3. Learning Center Equipment 15,742 4. Treasurer Equipment 41,300 5. Geographical Information System Project 30,00Q Total $ 299,195 IlL Issues in order of importance are: A. Need IV. Alternatives in order of feasibility are: City Council appropriate $299,195 to various accounts to be established by the Director of Finance to provide funding for the items and projects listed in item Il. A. above. 1. Need for identified items and projects have been justified as essential. ~ is available in current year CMERP, CIS Prior Year Retained Earnings, and Jail Recovered Costs. Iimillg will allow for the requested acquisitions to be completed in the most efficient manner. B. City Council not appropriate requested funds to various accounts. Need for the acquisition of necessary items and projects would not be addressed by this alternative. ~ designated for the purchase of the requested items and projects would not be expended at this time with this alternative. Iilllillg for the acquisition of requested items and projects would not be accomplished in the most expedient manner. Recommendatio~l is for City Council to concur with Alternative A, to appropriate $299,195 to accounts to be established by the Director of Finance. Funding will be from the following accounts: ~$.1222L42 from current year Capital Maintenance and Equipment Replacement Program. B. ~ from City Information Systems Prior Year Retained Earnings. C. ~ from Jail-Recovered Costs. Respectfully submitted, cc: Acting City Attorney City Clerk Director of Finance Director of Utilities and Operations Director of Public Works Manager, City Information Systems Manager, Supply Management Management & Budget D. Ritchie Act~'trg City Manager ATTACHMENT A PROJECTS RECOMMENDED BY ITC AND APPROVED BY THE CITY MANAGER FOR FY 1998 - 99 Public Safety Systems OBC Local Tax System Development Review System Learning Center Equipment Treasurer Equipment GIS $ 2,886,280 ~ 35,000 50,000 ** 15,742 41,300 30:000 TOTAL $ 3,058,322 NOTE: * $2,598,298 of the $2,886,280 was appropriated by City Council on February 16, 1999. Appropriation of $177,153 is requested with this report and the remaining $110,829 will be funded in FY1999-2000. The $50,000 was appropriated by City Council on March 15, 1999. April 19, 1999 Council Report No. 99-124 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: SUBJECT: Fund Appropriation from CMERP and Prior Year Retained Earnings Please reserve space on your agenda for a report regarding the above subject. Respectfully, J~rfl{es D. Ritchie Ac~g City Manager JDR:WFC:pr cc: Acting City Attorney Director of Finance Director of Public Works 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 April 22, 1999 File #60-72-472 John J. Kovatch, III, President Kovatch Mobile Equipment Corp. Fire Apparatus Division One Industrial Complex Nesquehoning, Pennsylvania 18240 Dear Mr. Kovatch: I am enclosing copy of Resolution No. 34244-041999 accepting the bid of KME Fire Apparatus Corporation, in the amount of $388,770.00, for one new fire pumping engine with water tower; and rejecting all other bids made to the City for the equipment. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 19, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: James D. Ritchie, Sr., Acting City Manager James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations George C. Snead, Jr., Director, Public Safety James Grigsby, Chief, Fire/EMS James A. McClung, Manager, Fleet Management D. Darwin Roupe, Manager, Supply Management Barry L. Key, Manager, Office of Management and Budget 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 Cit~ Clerk April 22, 1999 File #60-72-472 Daniel J. Sutphen, Sales Representative Sutphen Corporation 7000 Columbus-Marysville Road P. O. Box 0158 Amlin, Ohio 43002-0158 Richard D. Singer, President Singer Associates Fire Equipment, Inc. 10210-B Marsh Road Bealeton, Virginia 22712 Gentlemen: I am enclosing copy of Resolution No. 34244-041999 accepting the bid of KME Fire Apparatus Corporation, in the amount of $388,770.00, for one new fire pumping engine with water tower; and rejecting all other bids made to the City for the equipment. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 19, 1999. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed equipment. Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 1999. No. 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. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid submitted by KME Fire Apparaus Corporation, as modified through negotiations between the bidder and the City pursuant to §23.1-14.C of the Code of the City of Roanoke (1979), as amended, for the purchase of one new fire pumping engine with water tower, at a cost of $388,770.00, is hereby ACCEPTED. 2. The City's Manager of Supply Management is hereby authorized and directed to issue any required purchase orders for the purchase of such fire apparatus, and the City Manager or the Assistant City Manager is authorized to execute, for and on behalf of the City, any required purchase agreements with respect to the aforesaid fire apparatus, such agreements to be in such form as shall be approved by the City Attorney. 3. Any and all other bids made to the City for the aforesaid items or alternate items are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk April 22, 1999 File #60-70-472 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34243-041999 amending and reordaining certain sections of the 1998-99 General and Fleet Management Funds Appropriations, providing for appropriation of $388,770.00, in connection with a bid submitted by KME Fire Apparatus Corporation for furnishing and delivering one new fire pumping engine with water tower. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 19, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: James D. Ritchie, Sr., Acting City Manager Kit B. Kiser, Director, Utilities and Operations George C. Snead, Jr., Director, Public Safety James Grigsby, Chief, Fire/EMS James A. McClung, Manager, Fleet Management D. Darwin Roupe, Manager, Supply Management Barry L. Key, Manager, Office of Management and Budget H:'~AGENDA99kAPR 19.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 1999. No. 34243-041999. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and Fleet Management Funds Appropriations, and providing for an emergency. VVHEREAS, 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 1998-99 General and Fleet Management Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund A~orooriations Nondepartmental $ 61,823,714 Transfer to Other Funds (1) .................................. 61,073,711 Public Safety $ 40,235,936 Fire Operations (2) ......................................... 10,555,143 Emergency Medical Services (3) ............................... 1,864,254 Fund Balance Reserved for CMERP - City (4) ................................ $ 1,225,439 Fleet Management Fund Aoorooriations Fleet Management - Capital Outlay (5) .......................... $ 3,274,862 Revenue Non Operating (6) .......................................... $ 924,293 1) Transfer to Fleet Management Fund 2) Other Equipment 3) Other Equipment 4) Reserved for CMERP-City 5) Other Equipment 6) Transfer from General Fund (001-004-9310-9506) (001-050-3213-9015) (001-050-3521-9015) (001-3323) (017-052-2642-9015) (017-020-1234-0951 ) 388,770 ( 4,900) ( 1,100) (382,770) 388,770 388,770 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. April 19, 1999 Council Report No. 99-332 Honorable David A. Bowers, Mayor'-%' and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Bids to Purchase One (1) Fire Pumping Engine with Water Tower, Bid No. 99-2-47 Background on the subject in chronological order is: Current Year Capital Maintenance and Equipment Replacement Program has identified the need to replace a 1963 Fire Pumper that is used as back- up equipment. A 1982 Grumman 1500GPM Pumper will be converted to back-up equipment. Specifications were developed for a 1500 GPM Fire Pumper with a 55 f. telescoping water tower. Request for Quotation, including specifications were sent to twenty (20) fire equipment manufacturers and dealers. A public advertisement was posted on the City's Bid Board and also published in The Roanoke Times and The Roanoke Tribune. Bids were received, after due and appropriate advertisement. Those bids that were received were publicly opened and read, in the Office of Supply Management, at 2:00 p.m. on March 16, 1999. II Current situation is: Three (3) bid responses were received. A bid tabulation of those responses is attached to this report. All bids received were evaluated in a consistent manner by representatives of Public Safety, Fire/EMS Department, Fleet Management and Supply Management. The lowest bid submitted by KME Fire Apparatus Corporation of Nesquehoning, PA meets all required specifications. However, their lowest bid exceeds the Funding that has been designated for this purchase. Specifications reserved the right to negotiate with the apparent Iow bidder pursuant to Section 23.1-14© of the Code of the City of Roanoke Negotiations were conducted with the lowest bidder. A negotiated price was agreed upon by KME Fire Apparatus Corporation in the amount of $388,770.00. Mayor David A. Bowers and Members of Council Fire Pumping Engine with Water Tower April 19, 1999 Page 2 III IV The Fire Equipment dealer representing KME Fire Apparatus Corporation is Slagle's Fire Equipment and Supply Company of South Boston, Virginia. Issues in order of importance are: A. Need B. Compliance with Specifications C. Funding Alternatives in order of feasibility are: City Council authorize the purchase of One (1) New Fire Pumping Engine with Water Tower from KME Fire Apparatus for a negotiated cost of $388,770.00. Need to replace a 1963 unit which is and has been experiencing significant, out of service, downtime would be addressed by this alternative. Compliance with specifications is met by the response that is being recommended in this alternative. 3. Funding is designated for this purchase as follows: $4,900.00 in Fire/EMS Department account 001-050-3213-9015 $1,100.00 in Fire/EMS Department account 001-050-3521-9015 $382,770.00 in CMERP Reject all bid. Need to replace necessary fire suppression equipment would not be addressed by this alternative. 5. Compliance with specifications would not be a factor in this alternative. Funding designated for this purchase would not be expended at this time with this alternative. Mayor David A. Bowers and Members of Council Fire Pumping Engine with Water Tower April 19, 1999 Page 3 V Recommendation City Council concur with Alternative "A" and authorize the purchase of One (1) New Fire Pumping Engine with Water Tower from KME Fire Apparatus Corporation for a total cost of $388,770.00. B. Reject all other bids. Appropriate the following to Transfer to Fleet Management Fund account 001-004-9310-9506: 1. $382.770.00 from CMERP. 2. $4,900.00 from Fire/EMS Department account 001-050-3213-9015. 3. $1,100.00 from Fire/EMS Department account 001-050-3521-9015. Do Increase revenue estimate by $388,770.00 in Fleet Management Transfer from General Fund account 017-020-1234-0951 and appropriate $388,770.00 to Fleet Management Other Equipment account 017-052-2642- 9015. CC; City Attorney City Clerk Director of Finance Director of Utilities & Operations Director of Public Safety Fire Chief Manager, Fleet Management Manager, Supply Management Management & Budget Respectfully, s D. Ritchie, Sr. City Manager Bid Tabulation Bids were received, publicly opened and read at 2:00 p.m. on March 16, 1999 For Fire Pumping Engine with Water Tower Bid No. 99-2-47 Item 1 - New Fire Pumping Engine with Water Tower in accordance with City of Roanoke specifications and delivered F.O.B. Roanoke, Virginia KME Fire Apparatus Corporation Nesquehoning, PA $396,753.00 Above price negotiated to * $388,770.00 Singer Associates Fire Equipment Company Bealeton, Virginia $441,970.00 Sutphen Corporation Amlin, Ohio $469,241.00 Delivery 340 Days 220-300 Days 10 Months Committee:~ ~~ ~xq, IAP~ /~~ Gc~~nCd. i~a~:;dReco~mendatl~o~n-h'ef Jar~es GrigjJ~3~..J D. Darwin Roupe 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. EAK1N Deputy City Clerk April 22, 1999 File #60-268-472 Jimmy D. Williamson, Territory Manager James River Equipment, Inc. 3902 W. Main Street Salem, Virginia 24153 Darlene Woodward, Sales Coordinator Strongco, Inc. P. O. Box 631 Ashland, Virginia 23005 Bradie AIIman, Administrative Sales J. W. Burress, Inc. P. O. Box 719 Roanoke, Virginia 24004 Dan Buckley, Senior Account Manager Carter Machinery CompanY, Inc. P. O. Box 3096 Salem, Virginia 24153 Dear Ms. Woodward and Gentlemen: I am enclosing copy of Resolution No. 34246-041999 accepting the bid of Baker Brothers, Inc., in the amount of $84,463.00, for furnishing and delivering one new wheel loader for use by the Utility Line Services Department; and rejecting all other bids made to the City for the equipment. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 19, 1999. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed equipment. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011'- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk April 22, 1999 File #60-268-472 W. L. Baker, President Baker Brothers, Inc. 1402 Williamson Road, N. E. Roanoke, Virginia 24012 Dear Mr. Baker: I am enclosing copy of Resolution No. 34246-041999 accepting the bid of Baker Brothers, Inc., in the amount of $84,463.00, for furnishing and delivering one new wheel loader for use by the Utility Line Services Department; and rejecting all other bids made to the City for the equipment. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 19, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: James D. Ritchie, Sr., Acting City Manager James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management Jesse H. Perdue, Jr., Manager, Water Department Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1999. No. 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. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Baker Brothers, Inc., made to the City, offering for purchase one (1) new Wheel Loader, meeting all the City's specifications and requirements therefor, for a total cost of $84,463.00, which bid is on file in the Office of Supply Management, is hereby ACCEPTED. 2. The City's Manager of Supply Management is hereby authorized to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of said bidder's proposals and the terms and provisions of this resolution. 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. H:~x~ES~R-LOADER Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk April 22, 1999 File #60-268-472 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34245-041999 amending and reordaining certain sections of the 1998-99 Utility Line Services Fund Appropriations, providing for appropriation of $84,463.00, in connection with a bid submitted by Baker Brothers, Inc., for furnishing and delivering one new wheel loader for use by the Utility Line Services Department. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 19, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: James D. Ritchie, Sr., Acting City Manager Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management Barry L. Key, Manager, Office of Management and Budget Jesse H. Perdue, Jr., Manager, Water Department N:\CK.LO 1L~.GENDA99kAPR 19.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 1999. No. 34245-041999. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Utility Line Services Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Utility Line Services Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Am3ropHations Capital Outlay (1) Retained Eamin.q$ .......................................... $ 609,244 Retained Earnings (2) ....................................... $ 1,601,386 1) Appropriated from General Revenue (016-056-2626-9015) $ 84,463 2) Retained Earnings (016-3336) (84,463) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. April 19, 1999 Council Report #99-334 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: SUBJECT: Bids to purchase Wheel Loader Bid No. 99-3-69 Background on the subject in chronological order is: Ao Capital Maintenance and Equipment Replacement Program identified the need to replace a 1977 Wheel Loader in the Utility Line Services Department which is no longer reliable for daily use. B° Specifications were developed and, along with Request for Quotations, were specifically sent to thirteen (13) heavy equipment dealers that are currently listed on the City's Bid List. A public advertisement was posted on the City's Bid Board and also published in The Roanoke Times and The Roanoke Tribune. Bids were received, after due and proper advertisements. All bids appropriately received were publicly opened and read in the Office of Supply Management, at 2:00 p.m. on Friday April 2, 1999. II Current Situation is: Five (5) bid responses were received. A bid tabulation is attached to this report. All bids were evaluated in a consistent manner by representatives of Utilities & Operations, Utility Line Services and Supply Management. The lowest bid, submitted by Baker Brothers, Inc. Roanoke, Virginia meets all required specifications for a total cost of $84,463.00. III Issues in order of importance are: A. Need B. Compliance with Specifications Mayor David A. Bowers and Members of Council Wheel Loader April 19, 1999 Page 2 IV V C. Funding Alternatives in order of feasibility are: City Council authorize the purchase of one (1) new Wheel Loader from Baker Brothers, Inc. for a total cost of $84,463.00. Need for the requested unit is to replace a non-repairable 1977 Wheel Loader. Compliance with specifications is met with the response submitted by Baker Brothers, Inc. Funding is designated in Utility Line Services Prior Year Retained Earnings Account to provide for this purchase. B. Reject all Bids. Need to replace an important piece of operational equipment would not be addressed by this alternative. Compliance with specifications would not be a factor with this alternative. Funding designated for this purchase would not be expended by this alternative. Recommendation City Council concur with Alternative "A" to authorize the purchase of one (1) new Wheel Loader from Baker Brothers, Inc. for the total cost of $84,463.00. B. Reject all other Bids. Mayor David A. Bowers and Members of Council Wheel Loader April 19, 1999 Page 3 CC; C. Appropriate $84,463.00 from Utility Line Services Prior Year Retained Earnings to Utility Line Services account 016-056-2626-9015. Respectfully Submitted, · Ritchie, Sr. ty Manager City Attorney City Clerk Director of Finance Director, Utilities & Operations Manager, Utility Line Services Manager, Supply Management Management & Budget Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk April 22, 1999 File #60-268-472 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, April 19, 1999, Council Member White requested that the calling list of small business firms/vendors be wide spread in regard to the purchase of emergency items by City departments. MFP:Io pc: Sincerely, City Clerk Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management CMC/AAE H:'~AGENDA99~APR 19. WPD Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk April 22, 1999 File #192-322 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. 34247-041999 authorizing the City Manager to make application to the Virginia Department of Alcoholic Beverage Control for 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 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. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 19, 1999. Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Barry L. Key, Manager, Office of Management and Budget James M. Evans, Manager, Roanoke Civic Center Glenn A. Asher, Manager, Risk Management N:\CKLO I'~AGENDA99LM~R 19.WPD IN THECOUNCILOF THE CITY OF ROANOKE, VIRGINI& The 19th day of April, 1999. No. 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. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager, or their designee, is hereby authorized to execute and file on behalf of the City of Roanoke any and all appropriate documents required in connection with making an application to the Virginia Department of Alcoholic Beverage Control for obtaining 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 and to supply on behalf of the City any documentation necessary to obtain such ABC licenses, all as more fully set forth in the report to Council dated April 19, 1999. 2. The City Manager or the Assistant City Manager, or their designee, is authorized to have the name of the appropriate City representative (which may include the Civic Center Manager) placed on the ABC applications and/or licenses as may be required by the rules and regulations of the Alcoholic Beverage Control Board and to take such further action, or provide such additional documents, as may be necessary to obtain, activate, and maintain the ABC licenses, all as more fully set forth in the above mentioned report. ATTEST: City Clerk. April 19, 1999 Report No. 99-335 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: ABC Licenses I. Background: 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 the 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. Co 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. D. ABC licenses are currently held by The Swanson Corporation. E. Training and control are the responsibility of the concessionaire. II. Current Situation: The Civic Center is scheduled to assume in-house operation of the food & beverage concessions at the conclusion of the Swanson Corporation contract on July 1, 1999. Bo 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. Honorable Mayor and City Council April 19, 1999 Page 2 Ill. Issues: A. Need to provide alcoholic beverages for appropriate functions B. Training and control C. Liability IV. Alternatives: Ao City Council authorize the City Manager or his designee to apply for the appropriate ABC licenses set forth in I(C) in the name of the City of Roanoke, 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 the ABC Rules and Regulations, and to take such further action as may be necessary to obtain, activate and maintain the licenses. Need to provide alcoholic beverages for appropriate functions will be met. ° Traininq and control will be the responsibility of the in-house food and beverage supervisor, under the direct supervision of the Civic Center Manager. ° Liability-As the license holder, the City of Roanoke (through the Civic Center Manager and in-house food & beverage supervisor) would be responsible for seeing that the ABC Rules and Regulations are complied with. Any violations of the ABC Rules and Regulations and/or resulting fines would be the responsibility of the City. With regard to potential civil liability, the City's liability is limited since current Virginia law does not hold a retail seller of alcohol liable for providing alcoholic drinks to a customer who, while intoxicated, injures a third person. Virginia does not currently recognize "Dram Shop" liability. Furthermore, liability insurance will be provided for the City and the Civic Center and the insurance cost is included in the operating budget for the in-house food and beverage program. The Honorable Mayor and City Council April 19, 1999 Page 3 Bo City Council not authorize the City Manager or his designee to apply for the appropriate ABC licenses set forth in I(C) in the name of the City of Roanoke, 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 the ABC Rules and Regulations, and to take such further action as may be necessary to obtain, activate, and maintain the licenses. Need to provide alcoholic beverages for appropriate functions will not be met. 2. Traininq and control will be a moot issue. 3. Liability will be a moot issue. Mo Recommendation: City Council authorize the City Manager or his designee to apply for the appropriate ABC licenses set forth in I(C) in the name of the City of Roanoke, 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 the ABC Rules and Regulations, and to take such further action as may be necessary to obtain, activate, and maintain the licenses Respectfully submitted, Acting City Manager JDR:JME:afm CC: William X Parsons, Acting City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities & Operations Barry L. Key, Manager, Management & Budget Gary E. Tegenkamp, Assistant City Attorney James M. Evans, Civic Center Manager Glenn A. Asher, Risk Management Officer Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk April 22, 1999 File #192-322 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, April 19, 1999, Council Member Wyatt offered a suggestion that the Virginia State Flag and the Roanoke City Flag be displayed in a prominent location with the American Flag in the Civic Center facility. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Kit B. Kiser, Director, Utilities and Operations James M. Evans, Manager, Roanoke Civic Center N:\C KLO 1 ~.GENDA99~APR 19. WP D Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk April 22, 1999 File #60-178 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34249-041999 amending and reordaining certain sections of the 1998-99 Grant Fund Appropriations, providing for appropriation of $515,928.00 in unanticipated program income from the Roanoke Redevelopment and Housing Authority and other miscellaneous program income. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 19, 1999. Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc~ James D. Ritchie, Sr., Acting City Manager Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget Frank E. Baratta, Grants Monitor, Office of Grants Compliance N:\CKLO 1 ~AGENDA99~s. PR 19.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 1999. No. 34249-041999. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADoropriations Community Development Block Grant FY98 CDBG Unprogrammed - FY98 (1-3) ............................ Community Development Block Grant FY99 CDBG Unprogrammed - FY99 (4-6) ...... i ..................... $ 3,098,149 278,738 3,113,409 375,309 Revenue Community Development Block Grant FY98 (7-20) .................. Community Development Block Grant FY99 (21-28) ................. $ 3,098,149 3,113,409 1) Unprogrammed CDBG Land Sale 2) Unprogrammed CDBG - Other 3) Unprogrammed CDBG - RRHA 4) Unprogrammed CDBG - Section 108 Loan Repayment 5) Unprogrammed CDBG - Other (035-098-9840-5187) $ 57,950 (035-098-9840-5189) 64,725 (035-098-9640-5197) 22,572 (035-099-9940-5188) (035-099-9940-5189) 252,613 8,756 6) Unprogrammed CDBG - RRHA 7) Parking Lot Income 8) Other Program Income 9) Demolition 10) Williamson Road Parking Garage 11 ) Loan Repayment - NNEO 12) Project Hope YMCA 13) TAP SRO Loan Repayments 14) Property Sale - Gilmer 15) Home Ownership Assistance 16) 19th & Melrose Supermarket 17) KDL Investments Loan Repayment 18) Downtown Associates 19) Rental Rehab Repayment 20) Loan Repayment- 9 Gilmer Avenue 21) Parking Lot Income 22) Other Program Income 23) Loan Payment - NNEO 24) TAP SRO Loan Repayments 25) Home Ownership Assistance 26) Hotel Roanoke Section 108 Loan Repayment 27) Rental Rehab Repayment 28) Purchase/Rehab Payoff (035-099-9940-5197) (035-035-1234-9802) (035-035-1234-9803) (035-035-1234-9804) (035-035-1234-9807) (035-035-1234-9809) (035-035-1234-9818) (035-035-1234-9820) (035-035-1234-9821) (035-035-1234-9822) (035-035-1234-9826) (035-035-1234-9832) (035-035-1234-9833) (035-035-1234-9840) (035-035-1234-9842) (035-035-1234-9902) (035-035-1234-9903) (035-035-1234-9909) (035-035-1234-9920) (035-035-1234-9922) (035-035-1234-9934) (035-035-1234-9940) (035-035-1234-9941 ) $109,312 9,543 6,293 29,688 10,480 20 1,122 5,637 57,950 13,084 301 (9,964) ( 1,750 ) 6,736 16,107 36,713 33,335 2,728 18 6,010 252,613 26,669 12,595 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. DEPARTMENT OF FINANCE CI'I'Y OF ROANOKE. VA. April 19, 1999 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance Appropriation of CDBG Program Income Program Income from Roanoke Redevelopment and Housing Authority 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. The Housing Authority is required to transfer this program income to the City of Roanoke. The City of Roanoke is required to use the income for eligible community development activities. The Housing Authority has made payments to the City in the amount of $189,834 from April 1, 1998 through March 31, 1999 fox' program income in excess of income estimates previously appropriated. Of this amount, $57,950 resulted from the sale of property, $46,256 in income from parking lot rental and $85,628 fi'om various loan repayments. Miscellaneous Program Income The City has received miscellaneous program income as listed below. The amounts shown below represent the difference between what was actually received and the amount that was previously appropriated based on repayment estimates. $252,613 from Hotel Roanoke, L.L.C. for interest on the $6,000,000 Section 108 loan from U.S. Department of Housing and Urban Development. $73,481 in other program income as follows: $29,688 in demolition revenue from property owners whose dwellings were demolished with CDBG funds; $10,480 from Williamson Road Parking Garage which was constructed in part using CDBG funds; $31,890 in loan repayments and $1,423 of other miscellaneous income. Honorable Mayor and Members of City Council April 19, 1999 Page 2 We recommend that City Council appropriate the total $515,928 in unanticipated program income as follows: Unprogrammed CDBG - Land Sale Unprogrammed CDBG - Other Unprogrammed CDBG - RRHA Unprogrammed CDBG - Section 108 Loan Repayment Unprogrammed CDBG - Other Unprogrammed CDBG - RRHA (035-098-9840-5187) (035-098-9840-5189) (035-098-9840-5197) $ 57,950 64,725 22,572 (035-099-9940-5188) (035-099-9940-5189) (035-099-9940-5197) 252,613 8,756 109,312 The amounts being appropriated to unprogrammed accounts will be available for further appropriation transfers for eligible community development purposes. JDG/tht Director of Finance C.' James D. Ritchie, Acting City Manager William X Parsons, Acting City Attorney Sherman Stovall, Acting Budget Administrator Frank Baratta, Grants Monitor, Grants Compliance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1999. No. 34250-041999. A RESOLUTION establishing the date of a Special Meeting of the COuncil of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. A Special Meeting of City Council shall be held on May 3, 1999, commencing at 7:00 p.m., in the Exhibit Hall, Civic Center, 710 Williamson Road, N.W., in said City, for the.purpose of holding public hearings as to the General Fund Budget for Fiscal Year 1999- 2000, proposed tax increases and the Annual Update to HUD's Consolidated Plan. 2. The City Clerk is hereby directed to take whatever steps are deemed necessary to notify the public of the time and place of such Special Meeting. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 1999. No. 34250-041999. A RESOLUTION establishing the date of a Special Meeting of the Council of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. A Special Meeting of City Council shall be held on May 3, 1999, commencing at 7:00 p.m., in the Exhibit Hall, Civic Center, 710 Williamson Road, N.W., in said City, for the purpose of holding public hearings as to the General Fund Budget for Fiscal Year 1999- 2000, proposed tax increases and the Annual Update to HUD's Consolidated Plan. 2. The City Clerk is hereby directed to take whatever steps are deemed necessary to notify the public of the time and place of such Special Meeting. ATTEST: City Clerk. The 19th day of No. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, April, 1999. 34251-041999. A RESOLUTION establishing the date of a Special Meeting of the Council of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. A Special Meeting of City Council shall be held on May 11, 1999, at 1:30 p.m., in Council Chambers, Municipal Building, 215 Church Avenue, S. W., in said City, for the purpose of adopting the proposed annual budget for the City of Roanoke for Fiscal Year 1999-2000, and related matters. 2. The City Clerk is hereby directed to take whatever steps are deemed necessary to notify the public of the time and place of such Special Meeting. ATTEST: City Clerk. Office of the City Manager April 19, 1999 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Change in Budget Adoption Date Dear Mayor Bowers and Members of Council: At its meeting on January 4, 1999, Council formally approved the schedule of activities, dates and time for the 1999-00 budget process. The schedule included a special meeting for May 10, 1999, at 2:00 p.m., for the purpose of budget adoption. State Code requires that the public hearing be held at least seven days prior to the adoption of the 1999-00 budget. After reviewing the Public Hearing Notices required in connection with the budget, it is the opinion of the Acting City Attorney that technically the scheduled time for the budget adoption does not meet the seven day time period. It is 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. Respectfully, Acting City Manager Mary Parker, City Clerk Diane Akers, Acting Assistant City Manager William X. Parsons, Acting City Attorney James D. Grisso, Director of Finance Sherman M. Stovall, Acting Budget Administrator Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-~ 138 CityWeb:www ci roanoke vo.us Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk April 22, 1999 File #57-60-514 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, April 19, 1999, Council Member Swain requested that a schedule be publicized with regard to installing sidewalk, curb and gutter, and paving of streets in the City of Roanoke following adoption of the fiscal year 1999-2000 budget. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: William F. Clark, Director, Public Works Robert K. Bengtson, Traffic Engineer Jan G. Bruce, Engineering Technical Supervisor H:L~.GENDA99'~4.PR 19. WPD Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk April 22, 1999 File/t429 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia William X Parsons Acting City Attorney Roanoke, Virginia James D. Grisso Director of Finance Roanoke, Virginia Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 19, 1999, 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 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 over $50,000.00 per year. The matter was referred to the Acting City Manager, Acting City Attorney, City Clerk and Director of Finance for report to Council. MFP:Io Sincerely, Mary F. Parker, CMC/AAE City Clerk H:~.GENDA99La. PR 19.WPD Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk April 22, 1999 File #67-488 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, April 19, 1999, 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, 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. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: William F. Clark, Director, Public Works John W. Coates, Manager, Parks and Recreation Department Evelyn S. Lander, Chief, Planning and Community Development Mariam K. Alam Stacy, Coordinator, Roanoke Neighborhood Partnership H :'~A. GENDA99'~PR 19. WPD Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk April 22, 1999 File #18-60-184 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, April 19, 1999, 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. Therefore, as a part of fiscal year 2000-2001 budget study, she requested that the Acting City Manager review ways in which City employees can reach the top of their pay scale in a more expeditious manner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: James D. Grisso, Director of Finance Kenneth S. Cronin, Manager, Personnel Management Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget H:L~.GENDA99La. PR 19. WPD Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk April 22, 1999 File #20 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, April 19, 1999, the Mayor requested that information be disseminated to citizens advising that free parking is available in the downtown parking garages on Saturdays and Sundays. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Melinda Mayo, Public Information Specialist H:'~AGENDA99LM~R 19.WPD ojjtce oj me rvtayor CITY OF ROANOKE Given under our hands and the Seal of the City of Roanoke this nineteenth day of April nineteen hundred and ninety-nine. WHEREAS, in 1971, KOVAR (Knights of Virginia Assistance For Retardation), a Knights of Columbus charity, was established in the Commonwealth of Virginia to accomplish the Orders' charitable work on behalf of the mentally retarde& and WHEREAS, KOVAR is dedicated to providingfinancial aid to mentally retarded citizens and to their families and to improving their quality of life, regardless of race, creed or ethnic background; and WHEREAS, the primary fund raising activity for KOVAR in the Roanoke Valley in 1999 will take place on the weekends of April 17 and Apri123 and 24, at which time Roanoke Knights of Columbus Council 562 will offer Tootsie Roll candy in front of stores and other public places and collect donations from generous patrons; and WHEREAS, to date, southwest Virginia has received in excess of $75 million, and each year the monies collected from this fund drive are distributed for worthwhile causes by the KOVAR Board of Directors, and all volunteer work of the KOVAR Board of Directors and Knights of Columbus members is provided without financial remuneration. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim April 17 - 24, 1999, throughout this great All-America City, as KO VAR WEEK ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk April 21, 1999 File #53-60 Sandra H. Eakin Deputy City Clerk The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: Pursuant to Section 15.2-2607 of the Code of Virginia (1950), as amended, I am herewith filing with the Circuit Court of the City of Roanoke, Virginia, a certified copy of Resolution No. 34255-041999. Resolution No. 34255-041999 authorizes the issuance and sale of seven million six hundred thousand dollars ($7,600,000.00) principal amount of City of Roanoke, Virginia, General Obligation Public Improvement Bonds; fixes the form, denomination and certain other details of such bonds; authorizes 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; authorizes the execution and delivery of a continuing disclosure certificate relating to such bonds; and otherwise provides with respect to the issuance, sale and delivery of such bonds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 19, 1999. Mary F. Parker, CMC/AAE City Clerk MFP:Io H:~AGENDA99L~RI9.WPD The Honorable Arthur B. Crush, III April 21, 1999 Page 2 Attachment Donald G. Gurney, Bond Counsel, Hawkins, Delafield and Wood, 67 Wall Street, New York, New York 10005 George B. Pugh, Jr., Craigie, Inc., 823 E. Main Street, P. O. Box 1854, Richmond, Virginia 23219 The Honorable David C. Anderson, City Treasurer James D. Ritchie, Acting City Manager William X Parsons, Acting City Attorney James D. Grisso, Director of Finance Jesse A. Hall, Deputy Director of Finance Ann H. Allen, Manager, Accounting Services, Department of Finance H:XokGENDA99'xAPR 19 WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 1999. No. 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 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia (1950), as amended, for the purpose of providing funds to pay the costs of economic development projects of and for the City, there are hereby authorized to be issued, sold and delivered not to exceed Seven Million Six Hundred Thousand Dollars ($7,600,000) principal amount of general obligation public improvement bonds of the City which shall be designated and known as "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (referred to herein as the "Bonds"). (b) The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any integral multiple thereof. The Bonds of a given series shall be numbered from No. R- 1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be approved by subsequent resolution of this Council. The Bonds of each series shall be issued in such aggregate principal amounts (not exceeding in the aggregate the principal amount specified in Section l(a)); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, as shall be approved by subsequent resolution of this Council. Interest on the 307403.1 020695 RES -2- Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000) shall be subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be approved by subsequent resolution of this Council. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York CDTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 2. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, there shall be assessed, levied and collected, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest 307403.1 020695 RES on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signatures of the Mayor and City Treasurer of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds. (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signator of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one; (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date; (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date; and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. (d) The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. SECTION 4. (a) The principal of and premium, if any, on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 4. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall 307403.1 020695 RES -4- register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. (f) All transfers or exchanges pursuant to this Section 4 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be cancelled. (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal, premium, if any, and interest payments on the Bonds will be made by Registrar to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal, premium, if any, and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. 307403.1 020695 RES -5- (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for the Bonds. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 6. The City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 7. (a) The Bonds shall be sold at competitive sale on such date or dates and at such price or prices as shall be determined by the Director of Finance. The Director of Finance is hereby authorized to prepare or cause to be prepared a Summary Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be published in The Bond Buyer, a financial journal published in the City of New York, New York, and to prepare or cause to be prepared and distributed a Preliminary Official Statement, a Detailed Notice of Sale and an Official Proposal Form relating to the Bonds. The Director of Finance is hereby authorized to receive proposals for the purchase of the Bonds; provided, however, that the final details of the Bonds of each series, including the purchase price thereof, the interest rates to be borne thereby and the premium, if any, payable upon the redemption thereof shall be approved by subsequent resolution of this Council. 307403.1 020695 RES -6- (b) The Mayor is hereby authorized and directed to execute and deliver to the purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially the form of the Preliminary Official Statement relating to the Bonds, after the same has been completed by the insertion of the maturities, interest rates and other details of the Bonds and by making such other insertions, changes or corrections as the Mayor, based on the advice of the City's financial advisors and legal counsel (including the City Attorney and Bond Counsel), deems necessary or appropriate; and this Council hereby authorizes the Official Statement and the information contained therein to be used by the purchasers in connection with the sale of the Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12"). The City Manager and the Director of Finance are hereby authorized and directed to execute on behalf of the City and deliver to the purchasers a certificate in substantially the form to be included in the Official Statement under the caption "Certificate Concerning Official Statement". (c) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2-12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney or Bond Counsel), such approval to be conclusively evidenced by their execution thereof. (d) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. SECTION 8. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be substantially the following forms, respectively, to-wit: No. R- MATURITY DATE: UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES INTEREST RATE: DATE OF BOND: $ CUSIP NO.: 307403.1 020695 RES 7 REGISTERED OWNER: 770077 PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check or draft mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of and premium, if any, on this Bond are payable on presentation and surrender hereof, at the office of , as the Registrar and Paying Agent, in the City of , Principal of and premium, if any, and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of an issue of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, and is issued for the purpose of providing funds to pay the costs of public improvement projects of and for the City. This Bond is issued under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and a resolution and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the issue of which this Bond is one (or portions thereof in installments of $5,000) maturing on and after are subject to redemption at the option of the City prior to their stated maturities, on or after in 307403.1 020695 RES -8- whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of the following redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof: Redemption Dates (Both Dates Inclusive) Redemption Prices (Percentages of Principal Amount) , to and thereafter If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by f~rst class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same issue, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, issue, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. 307403.1 020695 RES 9 This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, there shall be assessed, levied and collected, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and premium, if any, and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City Clerk of the City; and this Bond to be dated as of the day of ,199 . CITY OF ROANOKE, VIRGINIA [SEAL] Attest: Mayor City Treasurer City Clerk 307403.1. 020695 RES - 10- proceedings. CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within-mentioned ], as Registrar By: Authorized Signator Date of Authentication: ASSIGNMENT FOR VALUED RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by a member finn of The New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owners as it appears on the front of this Bond in every particular, without alteration or enlargement or any change whatsoever. 307403.1 020695 RES -11- SECTION 9. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia (1950), as amended. SECTION 10. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. City Clerk Date of Filing with the Circuit Court of the City of Roanoke, Virginia: April 2 ! , 1999. Clerk APR 2 1 lgg9 307403.1 020695 RES THE ROANOI~ TIMES Ad Number: 1114700 Publisher's Fee: $181.46 Roanoke City Clerk's Office Atm.: Mary Parker, Clerk 215 Church Ave., S.W., Room 456 Roanoke, VA 24011-1536 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (the undersigned) as authorized representative of the Times-World Corporation, which Corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify the annexed notice was published in said newspaper(s) on the following date(s): 04/04/99 FULL RUN Sunday 04/11/99 FULL RUN Sunday Witness, this 15' day of April 1999 Authorized Signature NOTICE OF PUBLIC HF.N~INO NOTICE IS HEREBY GIVEN, pur. of the Code of ~Ir~nle of the City of Ronno~, W~lnla, 7:00 P.M., Iota! time, 113 the Council Chamber, Municipal S.W., aueno~e, Vl~lnla 24011, .w~ mepect to the pmpo~d ado~ by the Council of a to contract a debt and issue general obligation public Imp~m~ement beads of the City In the I~tnclpal amount of $7,600,000 to tinanue the costs of economic develop- City. handn~ and to appear and present their ~lews on the pro- resolution is on'tile In the offiue Building, Room ~.56, 21.5 Chu/ch Avenue, S.W. Ruen(M(e, Given under my hand t~is 4th day of Apdl, 1999. MARY F. PARKER C~ C~k Cit~ of Roanoke, Virginia (1114700) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 15.2-2606.A of the Code of Virginia (1950), as amended, that the Council of the City of Roanoke, Virginia, will hold a public hearing on Monday, April 19, 1999, at 7:00 P.M., local time, in the Council Chamber, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, with respect to the proposed adoption by the Council of a resolution authorizing the City to contract a debt and issue general obligation public improvement bonds of the City in the principal amount of $7,600,000 to finance the costs of economic development projects of and for the City. The members of public are invited to attend the public hearing and to appear and present their views on the proposed resolution. The full text of the proposed resolution is on file in the office of the City Clerk, Municipal Building, Room 456, 215 Church Avenue, S.W. Roanoke, Virginia. Given under my hand this 4th day of April, 1999. ~d~ ~ m pu~ ~m~n~ m MIl h°M a Pubff° haednllk~M ~11 ~, M~ rm obll~tlon p~ M ~ebllgation p~ I ~~ ~ ~ ~ ~ ll,~,~"t. / I:j d ~ ~ ~ ~d ~ ~ a~ ~~ln~ Building, Room 456, 215 ~h A~nue, S.W. ~, ~n~. ~F. PnR~ I/ c~ · I1 ~ I-I Mary F. Parker, Ci~ Clerk 456 Municipal Building 215 Church Avenue, S. W. Roanoke, Virgima 24011 Building, Room 456, Chumh Avenue, S.W. Rc~ MARY F. PARKER MARY F. PARKER City Clerk City of Roanoke, Virginia lay, April 4, 1999, and again on Sunday, April 11, 1999. .vit and invoice to: Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: II. March 19, 1999 Council Report # 98-46 SUBJECT: Johnson and Johnson economic development project. BACKGROUND A. Dr. Ronald Blum, a Roanoke resident and entrepreneur, founded Innotech which incorporated in 1990. B. Innotech soon became a leader in eyeglass lens technology. C. Johnson and Johnson purchased Innotech in March 1997. D. Innotech merged into Johnson and Johnson Vision Products, Inc. (J & J) in October 1998. CURRENT SITUATION A. J & J desires to build a new, modem manufacturing and distribution facility in the City of Roanoke. B. The Manufacturing facility would specialize in vision products. C. $125 million investment in new construction and equipment within the City is expected within the first 5 years after completion of construction. D. The investment is expected to double in size to $200 million within 10 years. E. This project will be the largest industrial investment in the history of the City of Roanoke and the Roanoke Valley. F. The initial building will be approximately 143,000 square feet. G. J & J expects to employ 600 people within three years of opening. H. Employment projections increase to 1200 by the l0th year. I. Average annual production wages will be $28,080 plus benefits. Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Page 2 J. The Maury L. Strauss and Shelia S. Strauss property between the Clarion Hotel and Countryside Golf course consisting of 31.206 acres has been sold to J & J for the new facility, closing occurred on January 19, 1999. (See attachment A) K. The property has been rezoned to light manufacturing (LM) by Roanoke City Council Resolution # 34061-110298 on November 2, 1998. Lo The property is located in a Commonwealth of Virginia Enterprise Zone known as the 581/Hershberger Subzone, which was awarded by the Commonwealth of Virginia in October, 1998. Mo Two million dollars is expected to be made available to the City from the Govemor's Opportuni _ty Fund (GOF) by Govemor Gilmore, from which site acquisition will account for $1,600,000 and $400,000 for services of architects, engineers and other consultants. The Virginia Economic Development Parmership has informed J & J that certain incentives from the state government will be available to J & J, subject to J & J's qualification. Those incentives are as follows: 1. Enterprise Zone Investment Tax Credit $5,500,000. 2. Major Business Facilities Job Tax Credit ($1000 credit per job) 800,000. 3. CIT Research funds 300,000. Recruiting and Training cost avoidance ($800 per job) 1,842,304. $8,442,304. Minimum Total Tax Credits and Grants from the Commonwealth of Virginia(including GOF of $2,000,000) $10,442~304. O. City's appropriation or donation to the project will be $9,174,611 outlined as follows: $2,000,000 - cost of off-site improvements such as improvements to public roads, expansion of Frontage Road and cost of right of way acquisition. If the cost for such improvements is less than $2,000,000 any difference will be used as an additional appropriation to the Industrial Development Authority (IDA) to grant to J & J. Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Page 3 [] $4,600,000 - to the IDA to grant to J & J for infrastructure improvement on the property, i.e.: ~' Installation or extension of utility pipes and lines. ~' Grading ~' Storm water management facilities >' Roads, bridges and parking facilities ~' Foundations ~ Landscaping and exterior lighting [] $2,574,611 - to the IDA to grant to J & J for purchase of equipment for job training and production. P. $7.6 million is needed to fully fund the City's proposed appropriation or grant of $9,174,611. Up to $450,000 in State Industrial Access Road Funds will be requested from the Commonwealth of Virginia Department of Transportation to apply toward City infrastructure cost. Industrial Development Authori _ty has authority to make grants to promote economic development. The City intends to appropriate $7,174,611 plus funds received fi.om Governors Oppommity Fund to the IDA to fund grants to J&J. S. IDA has approved by resolution the City's request for the IDA to provide the described package of incentives to J & J or its assigns. T. The Ci_ty will enter into a Performance Agreement with J & J, (see attached) committing J & J to the following; J & J will expend a minimum of $125,000,000 within the City between July 1, 1998 and the fifth anniversary of the construction completion date of July 1, 2000. If the total amount of expenditures is less than $125,000,000, J & J will promptly reimburse and repay the IDA 7.34% of the amount by which such capital investment is less than $125,000,000. J & J commits to provide a minimum of 600 full-time jobs within the City of Roanoke within 36 months from the date J & J has obtained a permanent certificate of occupancy for the facility and begins shipment of its product. IfJ & J has not provided 600 such jobs by that date, then J & J shall be entitled to keep only the percentage of the $2,000,000 equal to the percentage of 600 such jobs provided by that date and be obligated to repay the IDA the remaining percentage for reimbursement to the Governor's Opportunity Fund. Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Page 4 U. J & J intends to begin construction by June 30, 1999, and begin production of its products by July 1, 2000. V. The City will provide public improvements in the areas that are more fully described in the attached Performance Agreement, Section 5. W. The City anticipates a full return on its investment in less than 8 years from the time the facility is in production. X. The Code of Virginia gives localities the authority to issue bonds under the Public Finance Act by holding a public hearing. IlL ISSUES A. Timing B. Economic Development C. Funding D. City Council's Vision IV. ALTERNATIVES: A. City Council authorize the following: The appropriation of up to $11,174,611 (to include up to $2,000,000 of expected GOF fimds) - less $2,000,000 for off site improvements, for Economic Development purposes to the IDA to fund a grant to J & J. Authorize the City Manager to enter into the performance agreement with the IDA and J & J or its assigns in a form approved by the City Attorney and substantially similar to the one attached to this report and allowing the IDA to make an Economic Development grant to J & J providing for "eligible cost" including land acquisition, site preparation, engineering, design cost, construction cost and other cost including financial cost, legal cost, management cost and related consultants fees. The portion of the grant funded with money from the Governor's Opportunity Fund will be used only toward qualified project investment under the Fund's rules and regulations. 3. Authorize the City Manager to request and accept up to $2,000,000 from the Governor's Opportunity Fund and appropriate up to $2,000,000 from Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Page 5 Number 008-002-9701. Establish an accounts receivable for the Governor's Opportunity Fund proceeds of up to $2,000,000. Authorize the City Manager to request and accept $450,000 from the Commonwealth of Virginia Department of Transportation in Industrial Access Road Funds and appropriate the funds to a new Capital Projects Fund account entitled J & J Off-Site Improvements, Account Number 008-002-9700 and establish an accounts receivable for the State Industrial Access Road Funds for $450,000. The following is the scope of proposed road improvements and funding: Improvements and Extension of Frontage Road Extension of Ordway Cul-de-sac Femdale at Ordway and at J & J property Total anticipated City cost less Industrial Access Road Fund $2,000,000. -450,000. Net anticipated City cost (which includes $150,000 matching funds required for Industrial Access Road Funds) $1,550,000. Appropriate $1,124,611. from the Undesignated Capital Funds to a new Capital Projects account entitled" J & J Off-Site Improvements", Account Number 008-002-9700. Authorize CiW.Clerk to advertise for a public hearing to be held on April 19, 1999, for the purpose of receiving citizen input on the issuance of $7.6 million in bonds under the Public Finance Act of the Code of Virginia. Ao Timing is critical in that J & J must have their plant in operation by July 1, 2000. Economic Development program is advanced by the investment of $125,000,000 increasing to $200,000,000 in ten years and providing 600 full time jobs increasing to 1200 in ten years. Co Funding for repayment of the $7.6 million in bonds and interest relating to the J & J project will be provided by the annual new tax revenue from J & $'s investment. $1,124,000 is available in the Undesignated Capital Fund Account. $450,000 of Industrial Access Road Funds will be requested from the Commonwealth of Virginia Department of Transportation. Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Page 6 Do City Council Vision for economic development will be greatly enhanced with the new investment and high tech and high quality jobs to be provided. B. City Council not authorize the following: The appropriation of up to $11,174,611 (to include up to $2,000,000 of expected GOF funds) - less $2,000,000 for off site improvements, for Economic Development purposes to the IDA to fund a grant to J & J. Authorize the City Manager to enter into the performance agreement with the IDA and J & J or its assigns in a form approved by the City Attorney and substantially similar to the one attached to this report and allowing the IDA to make an Economic Development grant to J & J providing for "eligible cost" including land acquisition, site preparation, engineering, design cost, construction cost and other cost including financial cost, legal cost, management cost and related consultants fees. The portion of the grant funded with money from the Governor's Opportunity Fund will be used only toward qualified project investment under the Fund's rules and regulations. Authorize the Ci_ty Manager to request and accept up to $2,000,000 from the Governor's Opportunity Fund and appropriate up to $2,000,000 from the Governor's Oppormni _ty Fund proceeds to a new Economic Development Fund Account entitled "J & J Development". Establish as accounts receivable for the Governor's Oppommity Fund proceeds of up to $2,000,000. Authorize the Ci_ty Manager to request and accept $450,000 from the Commonwealth of Virginia Department of Transportation in Industrial Access Road Funds and appropriate the fimds to a new Capital Projects Fund account entitled J & J Off-Site Improvements and establish an accounts receivable for the State Industrial Access Road Funds. The following is the scope of proposed road improvements and funding: Improvements and Extension of Frontage Road Extension of Ordway Cul-de-sac Ferndale at Ordway and at J & J property Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Page 7 Total anticipated City cost less Industrial Access Road Fund $2,000,000. -450,000. Net anticipated City cost (which includes $150,000 matching funds required for Industrial Access Road Funds) $1,550,000. 5. Appropriate $1,124,611 from the Undesignated Capital Funds to a new Capital Projects account entitled "J & J Off-Site Improvements". Authorize City Clerk to advertise for a public hearing to be held on April 19,1999, for the purpose of receiving citizen input on the issuance of $7.6 million in bonds under the Public Finance Act of the Code of Virginia. Timing for J & J would not be met, therefore jeopardizing the development of the project in Roanoke. Bo Economic Development program will not be enhanced by new investments and jobs. C. Funding will not be an issue. D. Ci_ty Council Vision for economic development will not be realized. V. RECOMMENDATION: Recommend that City Council authorize the following actions: The appropriation of up to $11,174,611 (to include up to $2,000,000 of expected GOF funds) - less $2,000,000 for off site improvements, for Economic Development purposes to the IDA to fund a grant to J & J. Authorize the Ci_ty Manager to enter into the performance agreement with the IDA and J & J or its assigns in a form approved by the City Attorney and substantially similar to the one attached to this report and allowing the IDA to make an Economic Development grant to J & J providing for "eligible cost" including land acquisition, site preparation, engineering, design cost, construction cost and other cost including financial cost, legal cost, management cost and related consultants fees. The portion of the grant funded with money from the Governor's Oppommity Fund will be used only toward qualified project investment under the Fund's rules and regulations. Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Page 8 o Authorize the City Manager to request and accept up to $2,000,000 from the Governor's Opportunity Fund and appropriate up to $2,000,000. from the Govemor's Opportunity Fund proceeds to a new Economic Development Fund Account entitled" J & J Development", Account Number 008-002-9701. Establish an accounts receivable for the Governor's Opportunity Fund proceeds of up to $2,000,000. Upon certification of funding by the City's Director of Finance. ° Authorize the City Manager to request and accept $450,000 from the Commonwealth of Virginia Depaxtment of Transportation in Industrial Access Road Funds and appropriate the funds to a new Capital Projects Fund account entitled "J & J Off-Site Improvements", Account Number 008-002-9700 and establish an accounts receivable for the State Industrial Access Road Funds for $450,000. The following is a breakdown of proposed improvements and funding: Improvements and Extension of Frontage Road Extension of Ordway Cul-de-sac Femdale at Ordway and at J & J property Total anticipated City cost less Industrial Access Road Fund $2,000,000. -450,000. Net anticipated City cost (which includes $150,000 matching funds required for Industrial Access Road Funds) $1,550,000. Appropriate $1,124,611. from the Undesignated Capital Funds to a new Capital Projects account entitled "J & J Off-Site Improvements", Account Number 008-002-9700. o Authorize City Clerk to advertise for a public hearing to be held on April 19, 1999, for the purpose of receiving citizen input on the issuing of $7.6 million in bonds under the Public Finance Act of the Code of Virginia. Respectfully Submitted, W. Robert Herbert City Manager Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Page 9 WRH/PFS/kdc cc: Assistant City Manager Director of Finance City Attorney Director of Utilities & Operations Director of Public Works Manager, Management & Budget Chief, Economic Development City Engineer CUL-DE-SAC CREEK RO~) ATTACHi~ENT A PERFORMANCE AGREEMENT ,COPY This Performance Agreement ("Agreement") is dated this __ day of March, 1999 by and among the City of Roanoke, Virginia ("City"), a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, the Industrial Development Authority of the City of Roanoke, Virginia ("Authority"), an industrial development authority organized and existing under the laws of the Commonwealth of Virginia, and Johnson & Johnson Vision Products, Inc. ("J & J"), a Florida Corporation and a wholly owned subsidiary of Johnson and Johnson, a New Jersey corporation. WITNESSETH: Recitals J & J has acquired real property ("Land") consisting of approximately 31.206 acres in two adjoining parcels, designated Tax Map numbers 6460101 and 6460106 according to the City's tax map records and fronting Femdale Drive and Interstate Route 581. J & J has acquired the Land for the construction and operation of a manufacturing facility and related research and development and office facilities. The City and the Authority wish to encourage J & J to use the Land to construct, equip and operate the facilities herein described. The City has determined that it will improve certain public roads and other public facilities and acquire the property necessary therefor, as well as make an appropriation or donation of money to the Authority, all for the purposes of promoting economic development within the City and the Roanoke Valley. The Authority, based upon the application and undertakings ofJ & J, has determined to make grants to J & J to promote economic development in the City and the Roanoke Valley, and the City will provide sufficient funds to the Authority to enable the Authority to make such grants. Subject to the terms of this Agreement, the City's appropriation or donation described in the preceding paragraphs will be in an amount of $9,174,611.00, which amount will include some, if not all, of the costs to the City to improve the public roads and other public improvements described in this Agreement. The City anticipates receiving an additional $2,000,000.00 from the Governor's Opportunity Fund, and this amount when received, will constitute an additional appropriation to the Authority to be applied as provided in this Agreement. Agreement NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: 1. J & J has acquired title to the Land. 2. The City represents to J & J that the Land is located in an area designated as the 581/Hershberger Subzone to the City's Enterprise Zone Two and that the local incentives for businesses locating there will be the same as for businesses in the other part of the City's Enterprise Zone Two and will be in full force and effect upon J & J's commencement of operations in the Facility described in the following section. 3. J & J will construct on the Land a manufacturing facility and related research and development and office facilities and related improvements, or any combination thereof ("Facility"). J & J intends to obtain necessary permits and begin construction of the Facility by June 30, 1999 ("Construction Start Date") and open the Facility and begin production of its products (Completion Date) by July 1, 2000. 4. Subject to the terms of this Agreement, the City will appropriate $9,174,611.00 tO the Authority, less the amount expended for offsite improvements in accordance with this Agreement, and use best efforts to obtain an additional $2,000,000.00 from the Governor's Opportunity Fund ("GOF") and appropriate that amount as well to the Authority, and the City and the Authority will expend the funds as an economic development grant as follows: (a) The City will construct certain offsite improvements that will promote economic development in the City and Roanoke Valley and benefit its citizens generally, but that are also necessary for the operation of the Facility. These "offsite" improvements and the dates by which they will be complete are discussed in Section 5. From the total of $11,174,611.00 (which includes GOF funds) the sum of $2,000,000.00 will be allocated to and deducted for the cost ofoffsite improvements and cost of right-of-way acquisition. Any costs for the offsite roads, improvements and right-of-way acquisition that exceed $2,000,000.00 will not be deducted from the economic development grant to J & J. The City agrees to keep J & J reasonably informed of the City's progress with the offsite improvements and to notify J & J in advance, if practicable, that the possibility for cost overruns exists. In the event that such costs exceed or may exceed $2,000,000.00 the City and J & J will confer together and cooperate reasonably together to modify the offsite improvements described in Section 5 in a way that best fulfills the purposes intended, while limiting the City's expenditure to the $2,000,000.00 amount herein described. However, if 2 such costs exceed or may exceed the sum of $2,000,000.00, any further funds or costs to be expended by the City on those items must receive the prior approval of City Council and any further work on those items will be subject to such approval. The parties acknowledge that City Council may, by a measure adopted at a City Council meeting, elect to authorize an additional appropriation of up to $250,000.00, if such costs exceed $2,000,000.00, but has no obligation to appropriate any amount over $2,000,000.00. In no event shall the costs for such items exceed a total of $2,250,000.00. (b) The City will use its best efforts to obtain from the Governor's Opportunity Fund $2,000,000.00 and appropriate this sum to the Authority, and the Authority will in mm grant this amount to J & J within 45 days after J & J gives written notice to the City and the Authority that J & J has closed on its purchase of the Land or after execution of this Agreement, whichever is later. J & J will cooperate with the City in its efforts to obtain such funds. Of this sum, $1,600,000.00 will be applied to reimburse J & J the purchase price it has paid for the Land, and $400,000.00 will be applied to reimburse a portion of J & J's costs for the services of architects, engineers and other consultants. (c) The monies described in this part (c) are called "Residual Grants", meaning the balance of $11,174,611.00 remaining after subtracting an allocation of $2,000,000.00 for the City's cost of the offsite improvements and $2,000,000.00 in Governor's Opportunity Funds. The Residual Grants of $7,174,611.00 will be appropriated by the City to the Authority, and the Authority will in turn grant that sum as an economic development grant to J & J to reimburse or be applied to the following costs: (i) following eligible costs: $4,600,000.00 for infrastructure on the Land, allocated to the Installation or extension of utility pipes and lines Grading Stormwater management facilities Roads, bridges parking facilities Landscaping, signs and exterior lighting Foundations The foregoing allocation is an estimate, and J & J's actual experience will not cause the total amount of Residual Grants either to increase or decrease, but the allocation in the following subpart (ii) will be adjusted, so that the aggregate amount of Residual Grants remains fixed at $7,174,611.00, provided that all such funds are used for eligible costs. (ii) $2,574,611.00 for the purchase of equipment that is important to job training and production, adjusted, depending upon J & J's actual cost for improvements on the Land, so that the total amount of Residual Grants is $7,174,611.00, provided that all such funds are used for eligible costs. The City will appropriate to the Authority, and the Authority will grant J & J $4,000,000.00 of the Residual Grant no later than one hundred twenty (120) days after J & J's Construction Start Date, defined in Section 3. The City will appropriate to the Authority, and the Authority will grant J & J the remainder of the Residual Grant no later than ninety (90) days after the Completion Date, defined in Section 3. (d) Notwithstanding any of the foregoing, the Residual Grants will be increased by the amount, if any, by the which the City's actual cost to construct the offsite roads, improvements and acquisition of right-of-way is less than the $2,000,000.00 allocated from the foregoing funds for that purpose. The City's cost shall be the sum of all amounts actually paid or incurred by the City for design and construction of roads, improvements and acquisition of right-of-way, as called for by this Agreement. This remaining sum of money, if any, shall be appropriated by the City to the Authority as soon as practicable after the amount is determined, and the Authority will thereupon grant the amount to J & J in accordance with the other provisions of this Agreement. (e) However, J & J agrees to provide the Authority information to establish that all grant funds J & J receives either have been expended or will be expended or incurred for site development work and eligible costs as set forth above. Such documentation will be supplied by J & J to the Authority to the extent available prior to the first grant payment of GOF money of up to $2,000,000.000 and the second grant payment of $4,000,000.00 as set forth above and on a continuing basis thereafter to show that those monies were used for site development and eligible costs by J & J. Prior to the third grant payment as set forth above, J & J will supply information and documentation to the Authority to allow the Authority to establish that the remaining amount of grant funds to be made to J & J has been expended or incurred by J & J in site development work or eligible costs as set forth herein and in a sufficient time period to allow the Authority to evaluate the documentation and to meet the payment schedule as set forth above. Such information will include all information and documentation that may be required by the State for the GOF money. Upon receipt from J & J of any information and documentation reasonably deemed by the Authority insufficient for its purposes, the Authority shall promptly notify J & J and cooperate with J & J to develop an alternative, reasonable format or mode of presentation. "Eligible costs" are understood to include land acquisition, site preparation, design costs, construction, cost of equipment for the Facility, and other costs, including, related consultant costs, provided however, that any grant funded with money from the GOF will be used only toward qualified project investment under the GOF's rules and regulations. If any economic grant funds are not used by J & J for economic development and eligible costs, as contemplated or required by this Agreement, J & J will repay to the Authority the amount of any such funds not used as required. (f) The Authority will request disbursement of an appropriation from the City at least 15 business days prior to the date it is to make the corresponding grant payment to J & J. The request will be made through the City's Economic Development Office, and the City will make disbursement within 10 business days of the request, except that money from the GOF will only be provided by the City to the Authority no sooner than 10 business days after the City receives such funds from the GOF. 5. Subject to the terms of this Agreement, the City will acquire the necessary fights of way and construct or cause to be constructed, the following offsite improvements, to be complete by the date as of which J & J receives a permanent certificate of occupancy for the Facility or July 1, 2000, whichever is later. (a) The extension of Ordway Drive from its northern terminus to intersect Femdale Drive, generally as shown on the attached Exhibit A, according to standards of Virginia Department of Transportation and the standards designated J & J-City of Roanoke Standards for Offsite Improvements and set forth on Exhibit B attached (together called "Road Standards"), to provide for access between Hershberger Road and the Land by a City maintained public street. The parties anticipate the closure of Ferndale Drive north of the line identified as "new north terminus Ferndale Drive" on the attached Exhibit A, and the newly established street will lie within the shaded area shown on Exhibit A. (b) The existing right of way of Ferndale Drive will be terminated and a cul-de-sac established at approximately 400 feet from its intersection with FerncliffAvenue at the location designated D on the attached Exhibit A. The existing pavement between the new cul-de-sac and the new Ordway Drive extension shall be demolished and obscured. (c) The southerly segment of Frontage Road, beginning at Ordway Drive, will be improved and extended as a city street to connect with the northerly segment of Frontage Road which presently terminates at or near Highland Farm Road to provide principal vehicle access to and from the Land in both directions, north and south. J & J will dedicate to the City, without charge, a right of way 50 feet in width abutting the 1-581 boundary to allow the connection of the two segments of the roadway not now connected. J & J will assess no charge to the City for other easements necessary for development and use of the Land. The City will acquire such additional right of way fi.om other property owners as is necessary and provide improvements according to Road Standards. The parties acknowledge and agree that governmental regulation, including necessary FEMA approvals, as well as unforeseeable circumstances, may delay construction of the new segment of Frontage Road extending from the northerly boundary line of the Land in a northerly direction across the golf-course property to the intended connection at or near Highland Farm Road. If the City anticipates or encounters such delay in governmental approvals or delay occasioned by other circumstances, the City will so advise J & J, and the City and J & J will promptly confer together and if reasonably necessary, extend the time by which this segment of Frontage Road is to be completed by up to three (3) additional periods of 90 days-each. J & J will not unreasonably withhold its consent to any such extension reasonably required. (d) The above roads, improvements and acquisition of right of way will be subject to approval by any necessary agencies or departments as may be required by federal, state, or city laws or regulations. The City agrees to keep J & J reasonably informed of the City's progress with the offsite improvements and to notify J & J in advance, if practicable, that the possibility for cost overruns exists. In the event that such costs exceed or may exceed $2,000,000.00 the City and J & J will confer together and cooperate reasonably together to modify the offsite improvements described in Section 5 in a way that best fulfills the purposes intended, while limiting the City's expenditure to the $2,000,000.00 amount herein described. Furthermore, if the total costs or expected costs for such items exceed $2,000,000.00, as allocated for such items in this Agreement, any further funds or work to be expended on those items must receive the prior approval of City Council and any further work on those items will be subject to such approval. The parties acknowledge that City Council may, by a measure adopted at a City Council meeting, elect to authorize an additional appropriation of up to $250,000.00, if such costs exceed $2,000,000.00, but has no obligation to appropriate any amount over $2,000,000.00. In no event shall the cost for such items exceed a total of $2,250,000.00. 6. J & J commits that, between July 1,1998 and the fifth anniversary of the Completion Date, it will expend at least $125,000,000.00 on the Facility and on equipment installed and used in the City of Roanoke, and within a reasonable period of time from the complete expenditure, but in no event later than the fifth anniversary of the Completion Date, J & J will certify and document to the Authority and the City that its capital expenditures so described aggregate at least $125,000,000.00 or, if the aggregate is less, then J & J will certify and document to the Authority and the City the specific amount of all such capital expenditure between July 1, 1998 and the fifth anniversary of the Completion Date. If the total amount of such expenditures is less than $125,000,000.00, the grant originating with the City (that is, the grant of $9,174,611.00, not including GOF funds) will be reduced by seven and 34/100 percent (7.34%) of the amount by which such capital investment is less than $125,000,000.00. In that event, J & J will be entitled to retain only the grant in the reduced amount which will include the portion up to $2,000,000.00 allocated and expended by the City for offsite improvements in accordance with the other provisions of this Agreement. If J & J's capital expenditures above described are less than $125,000,000.00 as of the fifth (5t~) anniversary of the Completion Date, then J & J will promptly reimburse and repay the Authority the amount by which grants actually received by J & J and monies allocated and expended for offsite improvements as aforesaid exceed the reduced amount of the grant, provided however that J & J's liability for reimbursement and repayment will never exceed the portion of the City's $9,174,611.00 grant (not including GOF funds) actually received by J & J and the portion of that grant allocated to offsite improvements and actually expended by the City for offsite improvements in accordance with this Agreement. By way of example, if such capital expenditures aggregate only $ ! 24,500,000.00 as of the fifth (5th) anniversary of the Completion Date and the grant of $9,174,6 ! 1.00 has been fully funded (not including GOF funds), then J & J will be liable to reimburse and repay to the Authority $36,700.00. By way of further example, ifJ & J makes no capital expenditures and J & J has received none of the City's $9,174,611.00 grant and the City has expended no part of that amount for offsite improvement in accordance with this Agreement, then J & J will not be liable to reimburse and repay any amount to the Authority. As an additional example, if J & J makes capital expenditures of only $10,000,000.00 by the fifth (5th) anniversary of the Completion Date and the grant of $9,174,611.00 has been fully funded (not including GOF funds) then J & J would be liable to reimburse $8,441,000.00 under this section. Such payback or refund, if any is due, shall be made to the Authority within thirty (30) days after notice from the Authority to J & J that such funds are due. The anticipated grant of GOF funds shall not be diminished or affected by the provisions of this section. 7. J & J commits to provide at least 600 full-time jobs within the City of Roanoke within thirty-six (36) months from the date as of which J & J has both obtained a permanent certificate of occupancy for the Facility and begun shipment of products manufactured in the Facility. The parties understand that this number of jobs will include the jobs J & J now provides in the City. J & J acknowledges that the grant by the Authority of $2,000,000.00 originating with the Governor's Opportunity Fund is based upon the number of jobs by that date. IfJ & J has not provided 600 such jobs by that date, then J & J shall be entitled to keep only the percentage of $2,000,000.00 equal to the percentage of 600 such jobs provided by that date and be obligated to repay the Authority the remaining percentage, if any, of $2,000,000.00. Thus, by way of example, ifJ & J provides only 450 such jobs by that date, then it shall be entitled to retain three-fourths of the $2,000,000.00 and shall be obligated to refund to the Authority one-fourth of $2,000,000.00. Such payback or refund, if any is due, shall be made to the Authority within thirty (30) days after notice from the Authority to J & J that such funds are due. The Authority will return to the City or to the Governor's Opportunity Fund any funds that it receives from J & J under this section, but the Authority has no obligation to pay any entity any funds under this section except those funds that it receives from J & J. 8. Notwithstanding anything in this Agreement to the contrary, the Authority's obligations hereunder to pay or provide funds are not general obligations of the Authority, but are special obligations of the Authority limited to those funds which are provided hereunder by the City. 9. Representatives of the Virginia Economic Development Partnership have informed J & J that certain incentives from state government will be available to J & J, subject to J & J's qualification therefor, and those incentives are as follows: 1. Enterprise Zone Investment Tax Credit $5,500,000.00' 2. Major Business Facilities Job Tax Credit $ 800,000.00 3. CIT Research Funds $ 300,000.00 4. Recruiting and Training Grant and Reimbursement Minimum Total Tax Credits And Grants $1,280,000.00 $7,880,000.00 10. Each party agrees to cooperate with the other in executing additional documents necessary to carry out the intent and purpose of this Agreement. 11. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable by a court or agency of competent jurisdiction, they shall be deemed modified to the extent necessary to make them enforceable. 12. The persons who have executed this Agreement represent that they are duly authorized to execute this Agreement in their representative capacities as indicated. 13. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. 14. J & J will have the right to assign this Agreement to an Affiliate or to Johnson and Johnson or one of its subsidiaries upon written notice to the City and Authority. However, J & J shall not assign this Agreement to any person or entity other than an Affiliate or Johnson and Johnson or its subsidiary without the prior written consent of the City Manager and the Chairman or Vice-Chairman for the Authority, which consent shall not be unreasonably withheld or delayed. The term "Affiliate" means any entity owned or controlled by or under common ownership or control of either J & J or Johnson and Johnson. Any such assignment will not release or affect the obligations of J & J hereunder. 15. The terms, conditions, provisions and undertakings of this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. 16. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Agreement or any party's waiver of any particular breach of this Agreement by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Agreement or a waiver of any other breaches of the Agreement by any party and does not bar the nondefaulting party from requiring the defaulting party to comply with all the terms and conditions of the Agreement and does not bar the nondefaulting party from asserting any and all rights and/or remedies the nondefaulting party has or might have against the defaulting party under this Agreement or by law. 17. J & J shall not discriminate on the basis of race, religion, color, sex or national origin in its employment practices, contracting or provision of services in violation of any applicable laws. 18. By virtue of entering into this Agreement, J & J agrees and submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia and further agrees that this Agreement is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia. 19. (a) Notwithstanding the foregoing, if, by reason of Force Majeure, any party is unable to perform or observe any agreement, term or condition of this Agreement which would give rise to a default by that party of any obligation under this Agreement, that party shall not be deemed in default during the continuance of such inability or due to such inability. However, as such force majeure may apply to J & J's obligations to establish the 600 full-time jobs and to make the investment referred to in this Agreement and the payback provisions called for in this Agreement, only a reasonable length of time will apply to any such force majeure claimed by J & J. (b) The term "Force Majeure" shall mean acts of God; strikes; lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States of America or the Commonwealth or any of their departments, agencies, political subdivisions or officials, or any civil or military authority; insurrections; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; tornados; storms; droughts; floods; arrests; restraint of government and people; explosions; breakage, malfunction or accident to facilities, machinery, transmission pipes or canals; shortages of labor, materials, supplies or transportation; any property on which work is to be done being too wet to allow work to be done on it; or any cause or event not reasonably within the control of that party. 20. If J & J becomes obligated to pay back any of the funds to the Authority for failure to comply with the requirements of this Agreement, the Authority agrees to return such funds to the City. IfJ & J does not require the entire amount of the grant referred to in this Agreement, J & J will not request the balance of such funds not used or expended by J & J from the Authority and the Authority will not request such funds from the City. ' 21. J & J promises and agrees to grant and dedicate to the City necessary easements on the Land for the construction of infrastructure improvements benefitting the Land or surrounding areas including, but not limited to, storm drainage, sanitary sewers, and/or water, and the grant and dedication of the easements will be at no cost to the City. 22. (a) J & J shall have no liability to the City or to the Authority for any breach of this Agreement with respect to acquiring the Land, constructing the Facility, installing and using equipment in the City of Roanoke and providing jobs in the City of Roanoke, or any one or combination of those obligations, other than as set forth in Sections 6 and 7 of this Agreement. J & J shall never be liable to the City or to the Authority for money damages for any other breach of this Agreement. (b) The Authority shall never be liable to J & J for money damages for any breach of this Agreement, except to make a grant of funds it receives from the City in accordance with the terms of this Agreement. . . 23. For the term of this Agreement, no party shall originate any publicity, news release, or other public announcement, written or oral (a "Release"), concerning future discussions or negotiations relating to the amendment, modification, or expansion of this Agreement or to performance hereunder between the parties hereto without the prior written approval of each other party hereto, which approval will not be unreasonably withheld or delayed; provided, however, appropriate officials of the City and the Authority shall be permitted to make public reports about this Agreement to their respective governing bodies, and the governing bodies shall be permitted to adopt appropriate ordinances or resolutions authorizing the execution of this Agreement or other action regarding this Agreement. This provision shall not be construed as prohibiting any party to make any disclosure required by law. However, prior to a written disclosure the disclosing party will make reasonable efforts to provide the other parties hereto a copy of such written disclosure. Furthermore, this provision does not prohibit the parties from discussing with other entities the offsite improvements mentioned in this Agreement. 24. This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements between the parties. No amendment to this Agreement will be valid unless made in writing and signed by the appropriate parties. 10 IN WITNESS WHEREOF, authorized representatives. ATTEST: Mary F. Parker, City Clerk WITNESS: the parties have executed this Agreement by their CITY OF ROANOKE By. City Manager/Assistant City Manager INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE By. ATTEST: SEAL Approved as to Form: City Attorney Appropriation and Funds Required for this Contract Certified Director of Finance Date Acct. # Johnson & Johnson Vision Products, Inc. By Ben Deibler, President of Innotech Division Approved as to Execution: City Attorney 11 EXHIBIT B (Page 1 of 3) J & J-City of Roanoke Standards for Offsite Improvements The following descriptions correspond to three components of offsite improvements described in Section 5 of a Performance Agreement between J & J and the City of Roanoke, Virginia 1. Section 5(a), Extension of Ordway. Ordway Drive Extension shall be constructed to the VDOT geometric design standards for an urban collector. A 40-mph design speed should be used with curb and gutter, thirty-four feet from face of curb to face of curb. The terrain for the area is rolling. The pavement design for the new segment of roadway shall be based on the projected traffic volumes for the design year of 2010 to include the J & J site and its projected auto and track volumes. The limits of the project will be from the Hoback Road intersection at Ordway Drive to Ferndale Drive in the vicinity of the southern entrance of the Clarion Hotel. A 50-foot right-of-way shall be provided. Section 5(b), New Cul-De-Sac at Femdale Drive. Femdale Drive shall be terminated approximately 400 feet from its intersection with FemcliffAvenue with a new cul-de-sac. The existing pavement between the cul-de-sac and new Ordway Drive Extension shall be demolished and obscured. 3. Section 5(c), Extension and Upgrade of Frontage Road. The extension and upgrade of the Frontage Road shall provide 22 feet of pavement with 6-feet shoulders in cut and fill. If guardrail is required, an additional 3-feet of shoulder shall be provided in the fill section. A four-foot ditch (front slope) from the shoulder break to the centerline of the ditch shall be provided in the cut sections. Maximum slopes shall be 2:1. Grades should be kept at a maximum of 4%. The limits of extension will be from the J & J south property line across the frontage of J &J, Countryside golf course at the 3rd hole, and Newbern-Trane for a total length of approximately Exhibit B (Page 2 of 3) 2,600 feet with a connection to the existing Frontage Road North of Newbem- Trane in the vicinity of Highland Farm Road. A 50-foot right-of-way shall be provided by J & J for the new construction. The upgrade of the existing Frontage Road will be from the J & J south property line in the vicinity of the Clarion Hotel entrance, for approximately 625 feet back towards Ordway Drive. Upgrade of the existing Frontage Road shall be completed within the existing right of way. An overlay shall be provided for existing pavement, and pavement will be widened to 22 feet where now less than 22 feet, but existing pavement may not be upgraded to meet design year 2010 standards. G:\WP\WETHERINM 42225.final-I~rfmagr\bmhXop Exhibit B (Page 3 of 3) A-lO GEOMETRIC DES;GN STANOARDS FOR URBAN COLLECTOR STREET SYSTEM G EN ERAI' NOTES x re;rtL'hum ees~ ~pee~ ~ 30 mph or higher s.'~.~ be used ' t~aa ve~ ~,,pee~ an~ ~mr. make me e.e-e~ M deign ~ee~ Starx~.r'J TC-SU G,h'can) eup~'elev~ t~a~d o~ 0.04 f',.,'t'. ~m 0,020a ft./IL maximin ~y be usaa w~ a ae,~gn sp~ed of. A rninmu~ 30' va:~ ei at,~faeL-~ et a rr~,~-man .19' ~um la az,o ~EL 9 I 9 7 7 ~NO 11 I lO 8 8 I ~dmum 9raaes ol st,~t le~g'~ pee~ than F.J:0 ~.) and ~ way 0own ~'Acle~ may be 2% ~eeoer. (10) FOOTNOTES A wicl~ d 6' ~ more may be .,'ceded h c~n-.me~c~l ~tc~ $~ to tm 4.-1 - ~' wl~l~ ~ 3:1 - 4' wld11. ver~eJ deamn~ az mae, e~ undeepa~es lot new .ha 14'-~' ~ (I' ede~mMJ clMr'aflM sidewa~ it U~utd be 2' minlmu,,'m ~ ~'~er=e,.-'~n sight a';'s'.a~Cl reauL-emer~ see Acl:~en~ix C. T,~ble C-1-5. F1GURE A - 1 - 7 FOR IMMEDIATE RELEASE, March 19, 1999 INNOTECH, A DIVISION OF .JOHNSON & JOHNSON, TO MAKE LARGEST PLANT INVESTMENT IN ROANOKE VALLEY HISTORY Contacts: Beth Doughty, RVEDP, 343-1550 John McKeegan, Johnson & Johnson, 732-524-1130 Phil Sparks, Roanoke City, 853-2715 The City of Roanoke and the Roanoke Valley Economic Development Partnership today announced that Innotech, a division of Johnson & Johnson, plans to develop a $125 million-plus vision products production facility. This will be the largest new plant investment in Roanoke Valley history. Employment is expected to be up to 600 people within three years of opening. The company initially will build approximately 143,000 square feet of facilities on a 31-acre site fronting on Interstate 581 near Hershberger Road. Construction will begin this spring. Added to the company's existing building, the new facility will bring the company's Roanoke City square footage to approximately 200,000. The combined facilities will house administrative, research, manufacturing and distribution facilities. The size, investment and employment levels of the project may grow. "Key factors in our decision to expand here were the pro-business attitude in the Roanoke Valley and the Commonwealth of Virginia, and the excellent quality of life and cultural opportunities for employees and their families," said Ben Deibler, president of Innotech. A developer of eyeglass technology, Innotech was founded by Dr. Ronald D. Blum and incorporated in 1990. The company moved to its Airport Road location in 1993. It was acquired by Johnson & Johnson in 1997. "Roanoke faced competition fi.om a number of larger U.S. cities," said Blum. "With the location of this project, combined with the existing ITT Electro-Optics facility and other local work in the field, Roanoke has the potential of becoming a major center for the optics industry." "Today's announcement is especially gratifying because it reflects a quality company's commitment to the Roanoke Valley," said Roanoke Mayor David Bowers. "Johnson & Johnson MORE >>> 1 I I FRANKLIN PLAZA, SUITE 333 ROANOKE, VIRGINIA 24011 540-343- 1 550 1 - 800-LOCATE 2 FAX:540-344-6096 WWW.ROANOKE.ORG RVEDP@ROANOKE. ORG Innotech Expansion add one is routinely ranked as one of the most admired companies in America, and we are excited about adding it to our list of stars. This project achieves two other highly desired goals: quality jobs with great benefits, and a company whose decision makers will be here in Roanoke." The company will receive more than $19 million in incentive packages from the Commonwealth of Virginia and the City of Roanoke, with the state providing $10 million and the city contributing the balance in local grants -- which will be used for the purchase ofhigh- tech equipment for initial training and continued job training; the construction of public streets, utilities, and other infrastructure improvements, and site acquisition and development. Projected direct tax revenues, alone, are expected to exceed the city's investment within the first decade of operation. The City of Roanoke and Johnson & Johnson have entered into a contract which will ensure the safety of each party's investment. If the company fails to meet anticipated employment and investment levels, Johnson & Johnson Vision Products will pay back the city on a sliding scale. In addition, the city will benefit from having new construction jobs and purchases, and from increased payroll and purchases by the company. "This new money will mm over many times in the Roanoke Valley and will strengthen our local economy," said Bob Herbert, Roanoke City Manager. "Johnson & Johnson has shown its confidence in the Commonwealth of Virginia by deciding to invest $125 million for a new vision products facility in the Roanoke Valley that will result in as many as 600 jobs," said Governor Jim Gilmore. "We are delighted that this comprehensive company has selected Roanoke for this project." "This project is important to the Roanoke Valley, not only because of the international reputation of Johnson & Johnson," said Beth Doughty, executive director of the Roanoke Valley Economic Development Partnership. "It will have a significant impact on the region's economy fbr decades. The decision today is something we should all appreciate and be grateful for." The City of Roanoke, Roanoke Valley Economic Development Partnership, Virginia MORE>>> Innotech Expansion add two Economic Development Partnership, and Virginia Department of Business Assistance have been working with Innotech for more than a year on this project. The Roanoke Valley Economic Development Partnership markets Botetourt, Craig, Franklin, and Roanoke Counties, Roanoke, Salem, and Vinton to new and expanding industry. lnnotech Fact Sheet Innotech, a division of Johnson & Johnson, has chosen Roanoke City for a new production facility. Combined with existing facilities, the project will include administrative, research, manufacturing and distribution functions. The initial investment in the project is approximately $125 million, and includes 143,000 square feet of new facilities, plus approximately 60,000 square feet of existing facilities. Initial employment in the project is expected to be up to 600 within three years of opening. This project will be the largest industrial investment ever in the Roanoke Valley, surpassing R.R. Donnelley's $ 102 million investment in 1996. The facility will be built near Hershberger Road and 1-581 adjacent to the Clarion Hotel. The property is in a Commonwealth of Virginia Enterprise Zone and has been zoned for light manufacturing. The company will receive a more than $19 million incentive package from the Commonwealth of Virginia and the City of Roanoke. Funding from the city will go toward training and site and infrastructure improvements. The city is expected to receive a return on its investment from taxes at the facility within the first decade. A contract between Roanoke City and Johnson & Johnson Vision Products guarantees the level of capital expenditure and job creation. If it does not occur, the company will pay back the incentives on a sliding scale. Enterprise Zone Investment Tax Credit Infrastructure improvement to the site Equipment for job training & production Governor's Opportunity Fund Off-site improvements, such as road construction Recruiting & Training cost avoidance Major Business Facilities Job Tax Credit CIT Research Funds $5,500,000 $4,600,000 $2,574,611 $2,000,000 $2,000,000 $1,842,000 $800,000 $300,000 $19,617,015 Innotech was founded in 1990 by Dr. Ronald D. Blum. The company was purchased by Johnson & Johnson in March 1997. Discussions between the company and Roanoke Valley officials began in March of 1997. The Roanoke Valley faced competition from eight larger communities from throughout the United States. NOTICE OF PUBLIC HEARING AND OF PUBLIC INTERVIEW FOR SCHOOL BOARD TRUSTEE BEFORE THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The Council of the City of Roanoke will hold a public hearing to receive the views of citizens regarding appointment of Roanoke City School Board Trustees at its regular meeting on Monday, April 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. Candidates for School Board Trustee positions are: Toni J. Brandon, Charles W. Day, Michael W. Ridenhour and Brian J. Wishneff. The Council will also hold a public interview of candidates for the position of School Board Trustee on Wednesday, April 21, 1999, at 6:00 p.m., in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W. The public is invited to submit proposed questions to the candidates by filing such written questions in the City Clerk's Office, Room 456, Municipal Building, 215 Church Avenue, S. W., by 5:00 p.m., on Wednesday, April 14, 1999. All questions will be asked by the Members of City Council, and Council may ask such proposed questions filed with the City Clerk as the Council, in its discretion, deems advisable. The Council will elect two School Board Trustees for two three-year terms of office commencing July 1, 1999, on Monday, May 3, 1999, at 2:00 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. Mary F. Parker City Clerk NOTE TO PUBLISHER: Publish in full once in The Roanoke Times on Tuesday, April 6, 1999 ---BLOCK STYLE. (3"X S") Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. VV. Roanoke, Virginia 24011-1536