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HomeMy WebLinkAboutCouncil Actions 01-19-99HUDSON 34141 R O,4NOKE CITY CO UNCIL REGULAR SESSION January 19, 1999 12:lSp. m. CITY COUNCIL CHAMBER ,4 GEND,4 FOR THE COUNCIL 1. Call to Order--Roll Call. All Present. A briefing with regard to the Citizens Service Center - Respond System. (30 minutes) File #66-430 At 1:00 p.m., the meeting was declared in recess until 2:00 p.m., in the City Council Chamber. ROANOKE CITY CO UNCIL REGULAR SESSION January 19, 1999 2:00p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-- Roll Call. Ail Present. The Invocation was delivered 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 a representative of Troop No. Five, Boy Scouts of America. Welcome. Mayor Bowers. The Mayor congratulated Vice-Mayor C. Nelson Harris upon being called to the ministry at Virginia Heights Baptist Church, effective March 1, 1999. File #80-132 NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, January 21, 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. PRESENTATIONS: Recognition of the Police Officer of the Year. Mayor Bowers. The Members of Council commended Police Officer William A. Engel, Roanoke Regional Chamber of Commerce Police Officer of the Year. File #5-80-99 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. File #428 3 e CONSENT AGENDA (Approved 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meetings of City Council held on Wednesday, October 7, 1998, and Monday, October 19, 1998. RECOMMENDED ACTION: Dispense with the reading thereof and approve File #132 as recorded. C-2 A communication from Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #132 Executive Session. C-3 A report of the City Attorney requesting an 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. RECOMMENDED ACTION: Concur in request for Council to convene in File #83-132 Executive Session. 4 C-4 A report of the Director of Finance with regard to the results of the transfer option for City employees from the Employees' Retirement System to the Employees' Supplemental Retirement System. RECOMMENDED ACTION: Receive and file. File #429 C-5 A 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. RECOMMENDED ACTION: Receive and file. File #104-132 C-6 Qualification of the following persons: William C. Holland as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2001; File #15-110-202 Stark H. Jones as a Director of the Industrial Development Authority of the City of Roanoke for a term ending October 20, 2002; and File #15-110-207 Paula L. Prince as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2001. File #15-110-488 RECOMMENDED ACTION: Receive and file. 5 REGULAR AGENDA 0 HEARING OF CITIZENS UPON PUBLIC MATTERS: None. 4. PETITIONS AND COMMUNICATIONS: ao A communication from the Roanoke City School Board requesting appropriation of funds to certain school accounts; and a report of the Director of Finance recommending that Council concur in the request. Adopted Ordinance No. 34141-011999. (7-0) 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. File #60-467 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: A joint report of the City Manager and the Director of Finance with regard to the Updated Capital Improvement Program for fiscal years 1999 - 2003. Adopted Resolution No. 34142-011999. (7-0) The City Clerk was requested to schedule a Financial Planning Workshop in March, 1999. File #60-217 A report recommending additional staff positions for the City's Juvenile Detention Center. Adopted Ordinance No. 34143-011999. (6-0) Member Hudson was out of the Council Chamber). File #184-305 (Council b. CITY CLERK: A report advising of the expiration of the three year terms of office of Charles W. Day and Brian J. Wishneff as Trustees of the Roanoke City School Board on June 30, 1999, and applications for the upcoming vacancies will be received in the City Clerk's Office until 5:00 p.m., on Wednesday, March 10, 1999. Received and filed. File #467 6. REPORTS OF COMMITTEES: ao A report of the Roanoke Civic Center Commission recommending approval of the use of competitive negotiations for soliciting proposals for certain food and beverage opportunities; and a report of the City Manager concurring in the recommendation. Mark E. Feldmann, Chairperson. Adopted Resolution No. 34144-011999. (7-0) File #192 A report of the Roanoke Civic Center Commission recommending approval of the purchase of advertising rights for the Roanoke Civic Center scoreboard and three concourse message centers from Network Group International, L.P., in the amount of $180,000.00. Mark E. Feldmann, Chairperson. Adopted Ordinance No. 34145-011999 and Resolution No. 34146- 011999. (7-0) File #60-192 7 7. UNFINISHED BUSINESS: None. Se INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ao Ordinance No. 34137, on second reading, amending the Code of the City of Roanoke (1979), as amended, by amending and reordaining Section 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. Adopted Ordinance No. 34137-011999 on second reading. (7-0) File #24-79-291 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. Adopted Resolution No. 34147-011999. (7-0) File #67-132 9.MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Swain requested specific information on an advisory committee that was referred to during a briefing on the Storm Water Management Plan; 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. File #237 8 Council Member Swain requested that the City Attorney prepare the proper measure 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. File #20-137 Council Member Wyatt advised that effective July 1, 1999, under current State laws, 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. 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 assessment(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. Provide information on plans or projections for addressing the unmet needs/gaps in service or programs. Con't... 9 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. File #314-335 The Director of Real Estate Valuation requested that those citizens having questions with regard to their real property tax reassessment should contact his office to discuss their concerns. File #66-162 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: (7-0) The City Manager tendered his resignation, effective April 9, 1999, at 5:00 p.m. Council accepted the resignation with regret and requested that the City Attorney prepare the proper measure appointing James D. Ritchie as Acting City Manager, effective April 9, 1999, at 5:00 p.m., at a salary to be determined by the Members of Council; the City Manager, City Attorney and City Clerk were requested to provide Council with appropriate information in regard to the process for filling the vacancy; and the City Clerk and other City staff were requested to begin preparations for an activity recognizing the service of Mr. Herbert. File #104 l0 ROANOKE CITY CO UNCI£ REGULAR SESSION January 19, 1999 7:00p. m. CI T Y C 0 UNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-- Roll Call. (Council Members Harris and Wyatt were absent). 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. The Mayor advised of the resignation of the City Manager, effective April 9, 1999, at 5:00 p.m. File #104 A. HEARING OF CITIZENS UPON PUBLIC MATTERS: Request of the National Conference for Community and Justice to address Council with regard to adoption of Local Colors, and future plans for the program. James Bullion and Pearl Fu, Spokespersons. (5 minutes) The remarks were received and filed. File #87-431 B. PETITIONS AND COMMUNICATIONS: A communication from Mr. and Mrs. Kinzer Otterman transmitting a Petition for Appeal from a decision of the Architectural Review Board relating to property located at 601 Allison Avenue, S. W. Upon consideration of the evidence (testimony and documents) presented to Council, Council reversed the decision of the City of Roanoke Architectural Review Board on November 12, 1998, and authorized issuance of a certificate of appropriateness for alterations of 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. (4-1) (Mayor Bowers voted no). File #249 A communication from Mr. and Mrs. Aubrey Hicks transmitting a Petition for Appeal from a decision of the Architectural Review Board relating to property located at 648 Day Avenue, S. W. Upon consideration of the evidence (testimony and documents) presented to Council, Council reversed the decision of the City of Roanoke Architectural Review Board on December 14, 1998, and authorized issuance of a certificate of appropriateness for alterations of the structure located at 648 Day Avenue, S. W., Con't... 12 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. (4-1) (Mayor Bowers voted no). File #249 C. PUBLIC HEARINGS: Public hearing on the request ofC & 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. G. Michael Pace, Jr., Attorney. (See communication from Mr. Pace requesting that the matter be withdrawn.) Withdrawn File #51 o Public hearing 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. Daniel F. Layman, Jr., Attorney. Adopted Ordinance No. 34148 on first reading. (5-0) File #514 Public hearing 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. Evelyn S. Lander, Agent, City Planning Commission. Adopted Ordinance No. 34149 on first reading. (5-0) File #51 Public hearing to consider previously received applications for Federal funds made available through the Transportation Equity Act for the 21 st Century (TEA-21) for transportation enhancement projects in fiscal year 1999-2000. W. Robert Herbert, City Manager. Adopted Resolution Nos. 34150-011999, 34151-011999, 34152- 011999, 34153-011999, 34154-011999 and 34155-011999. (5-0) File #178-229-293-332-379-441 Public hearing 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. W. Robert Herbert, City Manager. Adopted Ordinance No. 34156-011999 and Resolution No. 34157- 011999. (5-0) File #20-60 D. 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. Mr. Lylburn C. Ollie, 1522 Rorer Avenue, S. W., a City employee, requested that his five per cent longevity step, which was included in a previous City pay plan, be granted. It was the consensus of Council that the request would be referred to the City Manager and the City Attorney for report to Council within 30 days. File #18-184 14 Mr. Jeff Artis, 727 Highland Avenue, S. E., representing the Southern Christian Leadership Conference, requested that Orange Avenue be renamed Martin Luther King, Jr. Avenue. It was the consensus of Council that the request would be referred to the City Planning Commission for study, report and recommendation to Council. File #85 Mr. Kevin Jones, 1120 Kerns Avenue, S. W., addressed Council with regard to the need for clarification in connection with payment of 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 submit an appeal, and requested that City Council continue to address the issue of adequate parking in downtown Roanoke. 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. File #20-66 January 19, 1998 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: Briefing on Respond! System This is to request that City Council reserve space for a 30 minute briefing on the Respond! system at its 12:15 p.m session on Tuesday, January 19t~, 1999. The briefing will be conducted in City Council's Conference Room. The briefing is being provided in response to Council Member Swain's request for information on the Respond! customer service tracking system. You received a letter from me about the system on November 20% 1998, and I look forward to providing more details on January 19~. Sincerely, W. Robert Herbert City Manager REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL October 7, 1998 12:15 p.m. A joint meeting of the Roanoke City Council and the Roanoke County Board of Supervisors was called to order on Wednesday, October 7, 1998, at 12:15 p.m., at Sanctuary, Crisis Intervention Center, 4350 Coyner Springs Road, Botetourt County, with Mayor David A. Bowers and Chairman Bob L. Johnson presiding. ROANOKE CITY COUNCIL MEMBERS PRESENT: W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ............................................................................................ 6. ROANOKE CITY COUNCIL MEMBERS ABSENT: C. Nelson Harris .............. 1. ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Fenton F. Harrison, Harry C. Nickens, Joseph McNamara and Chairman Bob L. Johnson----4. ROANOKE COUNTY BOARD OF SUPERVISORS ABSENT: H. Odell Minnix--1. OTHERS PRESENT: Representing Roanoke City: James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; William F. Clark, Director, Public Works; Kit B. Kiser, Director, Utilities and Operations; Glenn D. Radcliffe, Director, Human Development; George C. Snead, Jr., Director, Public Safety; Andrea B. Krochalis, Manager, Crisis Intervention Center; James O'Hare, Assistant Manager, Crisis Intervention Center; Wanda B. Reed, Coordinator, Emergency Services; Representing Roanoke County: Elmer C. Hodge, County Administrator; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; Ann Marie Green, Public Information Officer; Diane D. Hyatt, Director of Finance; and Thomas S. Haislip, Director, Parks and Recreation. The meeting was opened with a prayer by Mayor Bowers. Following lunch, the business session convened at 12:45 p.m. YOUTH: Annie Krochalis, Manager, Crisis Intervention Center, welcomed attendees to the facility and called upon James O'Hare, Assistant Manager, for a briefing with regard to programs offered at Sanctuary. He advised that Crisis Intervention Center which has been in continuous operation since 1977, offers a short-term residential counseling program for adolescents who are at risk for removal from the home or through their involvement with the juvenile justice system. He stated that the facility provides services to youth through a Federally funded runaway homeless youth program that provides outreach services to youth and their families; and Sanctuary has maintained a regional approach to dealing with children. EMERGENCY SERVICES-GRANTS: Anne Marie Green, Roanoke County Public Information Officer, advised that Project Impact is an initiative of the Federal Emergency Management Agency, which is a program aimed at reducing the impact of disasters in communities and challenges the nation to undertake action to protect families, businesses and communities by reducing the impact of disasters. She further advised that the Roanoke Valley is the only locality in the Commonwealth of Virginia that was chosen to participate in Project Impact, and the Roanoke Valley was selected because of joint cooperation efforts, particularly on the regional storm water management plan, by the four localities: Roanoke City, Roanoke County, Salem and Vinton. She explained that the goal of Project Impact is to become totally disaster ready; a regional steering committee was appointed consisting of representatives from the four local governments; the program will be coordinated and staffed by the Fifth Planning District Commission; and subcommittees have been appointed to address various issues. She stated that the success of Project Impact is aimed at involving citizens and the private sector as much as possible and several businesses have already offered assistance. She explained that the Roanoke Valley could receive in the range of $300,000.00 to $500,000.00 in grant funds from the Federal Emergency Management Agency which requires a local match. Wanda B. Reed, Coordinator, Roanoke City Emergency Services, advised that a steering committee and six subcommittees were appointed composed of representatives from all four valley jurisdictions. She presented an overview of the work of the subcommittees; viz: (1) The Land Use Subcommittee will assess land use issues through existing development land use or other activities that could contribute to hazards, review and/or revise local codes on zoning, subdivision, buildings, drainage, storm water management, erosion and sediment control, coordinate efforts of Building, Engineering, Planning and Zoning Departments, and engage in an internal review of all public works projects. (2) The Geographic Information System Subcommittee will develop and implement a regional GIS system for the purpose of hazard mitigation and project implementation. 2 (3) The Storm Water Management Subcommittee will continue to conduct feasibility studies for implementation and funding of Federal storm water management. (4) The Public Information and Community Relations Subcommittee will disseminate information on Project Impact, in an effort to educate citizens and encourage individuals to pursue methods of mitigation and self-help. (5) The Hazard Analysis Subcommittee will review and study potential hazards in the Roanoke Valley and mitigation approaches. (6) The Partnership and Resource Development Subcommittee will enlist the assistance of every component of the community. Ms. Reed advised that the Roanoke Valley's application must be submitted to FEMA by November 6 and full funding of $500,000.00 will be requested, with the Roanoke Valley's "softmatch" being approximately $166,000.00. She stated that a signing ceremony will be announced after the Federal Emergency Management Agency approves the project which is tentatively scheduled for the first week in December. ECONOMIC DEVELOPMENT: Elmer C. Hodge, County Administrator, advised that several weeks ago, a meeting was held to discuss the feasibility of placing the operation of the Roanoke Valley Convention and Visitors Bureau and Roanoke City and Roanoke County Economic Development Departments under the auspices of the Roanoke Valley Regional Partnership. As a result of the meeting, he stated that the City Manager and the County Administrator were requested to meet with representatives of the Regional Partnership to discuss the matter; however, it was agreed that assistance is needed to devise a better analogy. Therefor, he explained that representatives of the University of Virginia and Virginia Tech have been contacted to determine if they are knowledgeable of any other localities that have pursued this approach. He added that the Roanoke Valley Regional Chamber of Commerce has discussed the idea of conducting a planning session on economic development, and an update should be available in approximately one month. FIRE DEPARTMENT: George C. Snead, Jr., Roanoke City Director of Public Safety, called attention to regional efforts to contain the electrical fire at Community Hospital which occurred on October 5, 1998, and advised that it took considerable resources to move patients and staff from all seven floors of the hospital, while dealing with traffic and other issues. He commended the efforts of Roanoke County staff who came to the scene of the emergency, along with emergency service personnel from the Town of Vinton and the City of Salem. He stated that within one 3 hour into the Community Hospital fire, there was another fire in the City in the Wasena neighborhood which took three more companies out of fire stations and Roanoke County came to the City's assistance by replacing equipment to help balance coverage in the City, all of which was handled both professionally and efficiently. Mr. Snead called attention to other Roanoke Valley regional cooperation efforts, such as the regional radio system, a proposed regional fire and emergency medical services training facility, a mutual agreement on the enforcement of the motor vehicle decal which is observed by approximately 12 jurisdictions throughout the Roanoke Valley and surrounding localities, and a long standing police interjurisdictional aid agreement with Roanoke County, Salem and Vinton. He referred to a new initiative currently in the discussion phase to begin to look at other areas of cooperation in an effort to think strategically about those issues that will enhance the level of service to all Roanoke Valley customers and employees so that what is done in one jurisdiction will compliment that which is done in other jurisdictions. PARKS AND RECREATION: Thomas S. Haislip, Director, Roanoke County Parks and Recreation, advised that the regional skateboard park project has reached the point where a memorandum of understanding is needed in regard to development and maintenance costs, and liability issues. He called attention to previous correspondence addressed to the Manager of the City's Department of Parks and Recreation advising of the need for the City Attorney and the County Attorney to draft appropriate language for the agreement proposed for approval by the Roanoke County Board of Supervisors and Roanoke City Council. William F. Clark, Roanoke City Director of Public Works, advised that Roanoke City is committed to work with the neighborhoods and that which started out as a $20,000.00 skateboard park project has become a $60,000.00 project. He explained that the City has started construction by grading the site, the asphalt company is scheduled to pave the surface during the week of October 12, to be followed by construction by work crews from Roanoke City and Roanoke County. He stated that the skateboard park project is moving ahead while the agreement is being prepared by the two legal staffs. Dr. Nickens inquired if the skateboard park could be another venue for Virginia Amateur Sports, and requested that Mr. Haislip communicate with officials of Virginia Commonwealth Games. Mayor Bowers requested an update on the skateboard park project sometime during the next few weeks. 4 There being no further business, the Mayor declared the Roanoke City Council meeting in recess at 1:18 p.m., to be reconvened at 2:00 p.m., in the City Council Chamber, 215 Church Avenue, S. W., Roanoke, Virginia. At 2:00 p.m., on Wednesday, October 7, 1998, 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 Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS PROCLAMATIONS: The Mayor presented a Proclamation declaring the month of October 1998 as National Breast Cancer Awareness Month. (For full text, see Proclamation on file in the City Clerk's Office.) PROCLAMATIONS-FIRE DEPARTMENT: The Mayor presented a Proclamation declaring October 4 - 10, 1998, as Fire Prevention Week. (For full text, see Proclamation on file in the City Clerk's Office.) PUBLIC HEARINGS: VIRGINIA MUNICIPAL LEAGUE: On behalf of the Members of Council, the Mayor commended the City Manager and City staff for their efforts in coordinating a successful Virginia Municipal League Host City Night on Monday, October 5, 1998, on the City Market. 5 ACTION: FIRE DEPARTMENT: James Grigsby, Chief, Fire/Emergency Medical Services, presented a briefing on the fire which occurred at Community Hospital on Monday, October 5, 1998. He advised that City of Roanoke and Community Hospital emergency plans worked well in order to safely evacuate all patients and staff from the hospital. He called attention to and expressed appreciation for the assistance of emergency services personnel from Roanoke City, Roanoke County, Salem and Vinton. BONDS/BOND ISSUES-BUDGET-SCHOOLS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Wednesday, October 7, 1998, at 2:00 p.m., or as soon thereafter as the matter may be heard, to consider adoption of a resolution approving the issuance by the City of its general obligation bond or bonds, in an amount not to exceed $1,250,000.00, for the purpose of financing certain capital improvements in connection with Huff Lane Elementary School, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, September 21, 1998, and Monday, September 28, 1998. (See publisher's affidavits on file in the City Clerk's Office.) Richard L. Kelley, Assistant Superintendent of Operations, Roanoke City Public Schools, appeared before Council in support of the request. Mr. Trout offered the following resolution: (#34025-100798) A RESOLUTION authorizing the issuance of not to exceed $1,250,000.00 General Obligation School Bonds of the City of Roanoke, Virginia, Series 1998-A, to be sold to the Virginia Public School Authority and providing for the form and details thereof. (For full text of Resolution, see Resolution Book No. 61, page 168.) Mr. Trout moved the adoption of Resolution No. 34025-100798. The motion was seconded by Mr. Swain. 6 The Mayor inquired if there were persons present who would like to address Council in connection with the matter. There being none, Resolution No. 34025-100798 was adopted by the following vote: AYES: Council Membem Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowem ............................................................... 7. NAYS: None ........................................................................ 0. Council Member Swain requested information on future school renovations, new construction, cost estimates, funding source(s), and anticipated completion dates, etc. Without objection by Council, the Mayor requested that Membem of Council be provided with the abovedescribed information. BONDS/BOND ISSUES-BUDGET-SCHOOLS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Wednesday, October 7, 1998, at 2:00 p.m., or as soon thereafter as the matter may be heard, to consider adoption of a resolution approving the issuance by the City of its general obligation bond or bonds, in an amount not to exceed $5,200,000.00, for the purpose of financing certain capital improvements in connection with Lucy Addison Middle School, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, September 21, 1998, and Monday, September 28, 1998. (See publisher's affidavit on file in the City Clerk's Office.) Richard L. Kelley, Assistant Superintendent of Operations, Roanoke City Public Schools, appeared before Council in support of the request. Mr. Trout offered the following resolution: (#34026-t00798) A RESOLUTION authorizing the issuance of not to exceed $5,200,000.00 General Obligation School Bonds of the City of Roanoke, Virginia, Series 1998-A, to be sold to the Virginia Public School Authority and providing for the form and details thereof. (For full text of Resolution, see Resolution Book No. 61, page 179.) 7 ACTION: ACTION: Mr. Trout moved the adoption of Resolution No. 34026-100798. The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council in connection with the matter. There being none, Resolution No. 34026-100798 was adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to three requests for Executive Session to discuss a matter of actual litigation, specifically a matter pending in the Circuit Court for the City of Roanoke; a matter of actual litigation, specifically litigation related to health insurance claims; and personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the regular meetings of Council held on Monday, July 6, 1998, and Monday, July 20, 1998; and the joint meeting of Roanoke City Council and the Roanoke County Board of Supervisors held on Tuesday, July 14, 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 Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. 8 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.) 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. CITY ATTORNEY-COUNCIL: A report of the City Attorney requesting that Council convene in Executive Session to discuss a matter of actual litigation, specifically a matter pending in the Circuit Court for the City of Roanoke, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. 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 a matter pending in the Circuit Court for the City of Roanoke, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. 9 CITY ATTORNEY-COUNCIL: A report of the City Attorney requesting that Council convene in Executive Session to discuss and consider a matter of actual litigation, specifically litigation related to health insurance claims, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. White moved that Council concur in the request of the City Attorney to convene in Executive Session to discuss and consider a matter of actual litigation, specifically litigation related to health insurance claims, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. STATE HIGHWAYS-CONSULTANTS REPORTS: A communication from Mayor David A. Bowers recommending that the City Manager engage a consultant to assess the economic impact of the routing of Interstate 73, was before Council. It was advised that Interstate 73 will have a tremendous impact wherever it goes, and could be the biggest economic development issue for the Roanoke region in 20 years; Roanoke is a large City and it may very well be that the focus is more and more on locating 1-73 through Roanoke; and the routing of Interstate 73 outside of Roanoke may have a negative impact because Roanoke may be forever bypassed by new development that could come with the Interstate. The Mayor requested that Council instruct the City Manager to develop a proactive approach; the City was previously advised that a decision by the Council on whether to support a routing of the road might not come until next year, however, Council has an obligation to Roanoke's citizens to insure that their views are involved in the process, and that Council has information and statistics to support the City's position. 10 ACTION: The Mayor asked that the City Manager engage a consultant to assess the economic impact of the routing of Interstate 73; public hearings are needed between now and the time that the decision is to be made by Council; and requested that the matter be referred to the City Manager for review and report to Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the matter be referred to the City Manager for review and report to Council. 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. PAY PLAN-BUDGET-CITY EMPLOYEES-CONSULTANTS REPORTS-PENSIONS: A report of the City Manager with regard to the status of hiring a consultant to conduct a pay and benefits study for City employees, was before Council; whereupon, the item was removed from the Consent Agenda for separate discussion. (See pages 12 - 13 and pages 49 - 51). CULTURAL SERVICES COMMITTEE-HOUSING/AUTHORITY- HUMAN DEVELOPMENT COMMITTEE-ROANOKE ARTS COMMISSION- DIRECTOR OF FINANCE-CITY CLERK-CITY ATTORNEY-MUNICIPAL AUDITOR-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Thelma R. Holland as a member of the Cultural Services Committee for a term ending June 30, 1999; E. Duane Howard as a member of the Fair Housing Board for a term ending March 31, 2001; Anita J. Price as a member of the Advisory Board of Human Development for a term ending November 30, 2001; Will Trinkle as a member of the Roanoke Arts Commission for a term ending June 30, 2001; and 11 ACTION: Robert H. Bird as Municipal Auditor; Wilburn C. Dibling, Jr., as City Attorney; James D. Grisso as Director of Finance; and Mary F. Parker as City Clerk for the City of Roanoke for terms of two years, each, commencing October 1, 1998 and ending September 30, 2000. (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 HEARING OF CITIZENS UPON PUBLIC MATTERS: PAY PLAN-BUDGET-CITY EMPLOYEES-CONSULTANTS REPORTS: A report of the City Manager with regard to the status of hiring a consultant to conduct a pay and benefits study, having been removed from the Consent Agenda for separate discussion, the matter was again before the body. Council Member Wyatt advised that because of the importance of the study and questions that will need to be addressed during fiscal year 1999-2000 budget study, it would be advantageous to appoint a Council liaison to observe the process and not participate in discussions or issues to be addressed by the study committee. Mr. White moved that Council Member Wyatt be appointed as Council's liaison to the study committee; that the Mayor, Council Member Wyatt and the City Manager determine the ground rules which will include meeting dates and the method of communicating with Council on the progress of the study; and that any action on pay and benefits be deferred until completion of the study and until Council convenes in fiscal year 1999-2000 budget study. The motion was seconded by Mr. Swain. 12 The Mayor advised that in addition to the report on the pay and benefits study currently before Council, the following related issues are included on the agenda: Remarks of Council Member James O. Trout expressing concerns and a recommendation on the following items: a $.02 reduction in the real estate tax rate, (2) increase the pension multiplier from 2 per cent to 2.1 per cent, (3) provide a permanent cost-of-living raise for City retirees, and (4) support for the pay and benefits study for City employees. A joint report of the Director of Finance and the City Manager with regard to the Actuarial Summary of the City of Roanoke Pension Plan as of June 30, 1998, and the estimated actuarial cost of enhancements. The Mayor further advised that approximately ten persons had registered to speak on the above topics; whereupon, he recommended that the above listed items be considered at the same time rather than individually as listed on the agenda; whereupon, Mr. White withdrew his motion and Mr. Swain withdrew his second to the motion. At 2:00 p.m., it was the consensus of Council to declare the meeting in recess. At 2:45 p.m., the meeting reconvened in the Council Chamber, with all Members of the Council in attendance, Mayor Bowers presiding. (For further discussion on the above matters, see pages 49 - 51.) Dr. A. N. Feldzaman, 1230 Archway Road, Blue Ridge, Virginia, appeared before Council in connection with the routing of Interstate 73. He advised that the Salem City Council will consider a resolution supporting a request of the Roanoke County Board of Supervisors and resolutions adopted by the Bedford and Botetourt County Boards of Supervisors that 1-73 be routed through Roanoke on 1-581. He presented documents in connection with 1-73 routing, specifically a map indicating the three alternative proposed routes that the Virginia Department of Transportation is currently considering. He requested that Council closely review the VDOT map, because 1-73 is supposed to be a Federal interstate highway from the upper mid west down through the Carolinas and if proposed route one is eliminated and 13 proposed route three is chosen, virtually no traveler either going north or south will take proposed route three but would obviously travel on 1-581 due to the shorter distance involved. Also, he stated that northeast to Washington, D. C., Maryland, Philadelphia, and New York, etc., the route is no shorter than using 1-581 because of the way the road outside of Roanoke curves, the result of which is that all traffic on this routing would most likely travel on 1-581 even if I -73 is constructed through Bedford and Botetourt Counties, which means that it would be in the strong interest of the City of Roanoke to make every effort to improve 1-581 and the connecting portion of Route 220. Dr. Feldzaman requested that Roanoke City Council seriously consider taking a position similar to that which will be taken by the Salem City Council, and that which has already been taken by the Roanoke County, Botetourt and Bedford County Boards of Supervisors that the Interstate-73 routing should go on to 1-581 for the benefit of the City. Without objection by Council, the Mayor requested that the matter be referred to the City Manager for report to Council. PETITIONS AND COMMUNICATIONS: PAY PLAN-BUDGET-CITY EMPLOYEES-CONSULTANTS REPORTS-PENSIONS: A report of the City Manager with regard to the status of hiring a consultant to conduct a pay and benefits study for City employees having been removed from the Consent Agenda for separate discussion, the matter was again before the body. The City Manager submitted a written report advising that during 1998-99 budget study, Council adopted "a motion to direct the City Manager to hire a consultant to study the City's pay plan and benefits with the understanding that the City Manager will advise Council as to the costs associated with the study prior to engaging the services of a consultant"; a request for proposals was prepared to engage a consultant to evaluate the competitiveness of the City's pay and benefits programs; six proposals were received from firms that have previous project experience in the public sector; and an employee team was designated to interview and recommend the best qualified consultant. 14 It was further advised that funding for the study is included in the CMERP budget; Council will be asked to appropriate funds for the consultant on October 19, 1998, which is anticipated to cost between $50,000.00 and $75,000.00; and the consultant will be engaged in sufficient time to insure that the report will be considered during fiscal year 1999-00 budget study. (For full text, see report on file in the City Clerk's Office.) In addition to the above report of the City Manager, the Mayor advised that without objection by Council, the following related items would be considered concurrently: Remarks of Council Member James O. Trout expressing concerns and a recommendation on the following items: (1) a $.02 reduction in the real estate tax rate, (2) increase the pension multiplier from 2 per cent to 2.1 per cent, (3) provide a permanent cost-of-living raise for City retirees, and (4) support for the pay and benefits study for City employees. A joint report of the Director of Finance and the City Manager with regard to the Actuarial Summary of the City of Roanoke Pension Plan as of June 30, 1998, and the estimated actuarial cost of enhancements. Council Member Trout advised that Council previously referred the question of reducing the real estate tax rate by $ .02 per $100.00 of assessed value to fiscal year 1999-2000 budget study, therefor, he requested that portion of his remarks be deleted. In regard to a permanent cost of living adjustment for City retirees, Mr. Trout advised that through previous action taken by Council, the matter has been referred to fiscal year 1999-2000 budget study. With reference to increasing the pension multiplier from 2 per cent to 2.1 per cent, Mr. Trout advised that prior to voting on the matter, Council should receive a briefing by the City Manager and the Director of Finance on the Actuarial Summary. 15 The City Manager and the Director of Finance submitted a joint written report advising that the annual actuarial report was received on September 23, 1998, from Slabaugh, Morgan, White & Associates; Council requested cost information for pension benefit enhancements based on the results of the June 30, 1998 Actuarial Valuation Report; and the report incorporates the following four Pension Plan legislative changes that Council approved during the fiscal year (July 1, 1997 through June 30, 1998): A 2.1% retiree cost of living adjustment, effective July 1, 1998, for members retired on or before July 1, 1997; this change increased the actuarial liability by $1,573,400.00. Provision for unreduced early retirement for members of the Employees' Supplemental Retirement System (ESRS) who have attained age 50 with age plus service equal to 80 (general employees) or who have attained age 45 with age plus service equal to 70 (police officers and firefighters); this change increased the actuarial liability by $12,484,134.00; members of the Employees' Retirement System (ERS) were allowed to transfer to ESRS during the period from July 1, 1998 through August 31, 1998; this change will increase the actuarial liability by $3,131,337.00. Firefighters were granted public safety credit for years employed in emergency medical services on or after July 1, 1989, if continuously employed; insignificant impact on the actuarial liability. Members of ESRS who transferred from ERS have an option to elect the most favorable pension benefit if they retire with 42 or more years of service; insignificant impact on the actuarial liability. It was explained that two additional employee benefit enhancements were included in the adopted fiscal year 1999 budget: Council adopted Resolution No. 33845-051898, adopted May 18, 1998, effective July 1, 1998, which provides a $159 monthly supplement ($1,908.00 annually) to any member of the City of Roanoke Pension Plan who is an employee of the City of Roanoke (not including employees of the 16 City of Roanoke School Board) and who, on or after July 1, 1998, retires with 20 or more years of creditable service; this supplement stops the month the retiree attains age 65; and estimated annual cost for the first year of operation is $250,000.00. Council adopted Resolution No. 33829-051198, May 11, 1998, effective July 1, 1998, increasing a matching contribution from $5.00 to $10.00 per pay period to the International City Management Association - Retirement Corporation (ICMA-RC) deferred compensation plan for participating employees; currently 70% of eligible City employees participate and contribute to the deferred compensation plan with an annual estimated employer cost of $269,402.00. It was advised that the financial impact of 161 members electing to transfer from ERS to ESRS during the period July 1, 1998, through August 31, 1998, increases the accrued liability by $3,131,337.00, or a 0.58% increase in the annual contribution rate; total increase in the annual contribution rate for all Pension Plan legislative changes approved during fiscal year 1998 is equivalent to 2.7% of annual gross payroll, or $1,660,000.00 in annual contributions; and the Pension Plan, as of July 1, 1998, has $222,090,915.00 in accrued pension liability and an actuarial asset value of $239,433,545.00 which provides, as of July 1, 1998, a positive funded actuarial position of $17,342,630.00. It was explained that the 1998 Actuarial Valuation Summary provides the estimated financial impact of increasing the "multiplier" from 2.0% to 2.1%, 2.2%, and 2.3% which translates into increasing the maximum pension allowance from 60% to 63%, 66%, and 69%, respectively; and this provides the financial impact for only the automatic COLA with a maximum annual increase of 4%. The City Manager and the Director of Finance recommended that any retirement benefit modification have a prospective effective date; and theirs are approximately 200 current employees that are members of the ERS and any significant modification to the ESRS should provide another transfer option to these senior employees. (For full text, see report on file in the City Clerk's Office.) 17 The Director of Finance presented written information on the definition of automatic COLA, permanent COLA and lump sum COLA. (See definitions on file in the City Clerk's Office.) Following questions of clarification and remarks by Council Members, the Mayor called upon those persons who had registered to speak, and requested that each speaker limit their remarks to three minutes. Mr. W. G. Ammen, 4938 Greenlee Road, S. W., addressed the proposed $.02 reduction in the real estate tax rate and advised that Council should be concerned about the average citizen of Roanoke. He further advised that he agreed with the President of the Roanoke Regional Chamber of Commerce, John Stroud, who stated that City of Roanoke employees have one of the best pensions in the Commonwealth of Virginia and Council should spend any excess funds on needs that benefit all citizens of Roanoke. He urged that Council not act hastily and enact a pension enhancement that cannot be rescinded at a later date. He explained that a real estate tax cut will benefit all homeowners and not a select few, therefor, he opposed any increase in the pension plan for City employees. Dawn W. Spaulding, First Vice President, Roanoke Central Council Parent-Teacher Association, advised that the Central Council PTA is aware that Council is committed to Roanoke City Schools, to the future of Roanoke, and to the children who are the City's greatest asset. She called attention to efforts of the Roanoke City School System to renovate physical facilities, improve student test scores, increase teacher training, an extended school year, an improved summer school program, and Iow student-teacher ratios, all of which have contributed to making Roanoke a nationally recognized school system, and it is requested that this progress continue. Prior to reducing real estate taxes and increasing pension benefits for City employees, she requested that the issues be tabled pending completion of additional studies and until more information is received so that future funds are not jeopardized. Joseph W. Duda, representing a consulting firm retained by The Roanoke City Fire Department to conduct an actuarial cost impact study that would increase the pension multiplier to 2.3 per cent, advised that in 1995 his firm recommended a change in the interest rate from 7.5 per cent to 8 per cent and the salary scale from 6.25 per cent 18 to 5.75 per cent. He stated that 5.75 per cent was enacted by Council and the increase in the interest rate was changed from 7.5 to 7.75 per cent; however, he did not agree with the 7.75 per cent interest rate and believes that 8 per cent should have been approved because the retirement fund has performed well through the years, and by moving the interest rate to 8 per cent, the City would save 1.5 per cent in the contribution rate. He explained that it is important for Council to understand that the City's actuary is using the averaging technique to spread gains and losses above and below the actuarial interest assumption. He stated that the market value of the retirement fund as of June 30, 1998, has grown to approximately $312 million and the actuarial value of assets, because the actuary is not recognizing full market value, is only $239.4 million, therefore, $73 million will hit the books over the next four years and those funds could be used to support a pension increase. James A. Fazio, President, Police Benevolent Association, advised that one of the issues addressed by opponents of raising the pension multiplier shows that such action will increase the maximum available to 69 per cent which is correct, although misleading. He explained that the 69 per cent would be available for employees with 30 years of service, however, many City employees will not achieve the 69 per cent maximum because they will leave the employment of the City prior to earning 30 years of service, and public safety employees can retire with 25 years of service at 57% per cent of their salary. He advised that the actuary for the Fire Department has shown that the City could reduce the contribution rate to 8.23 per cent and still fund the 2.3 per cent, multiplier, and a question has been raised that the City uses a 7.75 per cent rate of return while the majority of municipalities in the Commonwealth of Virginia use a rate of return of 8 per cent or higher which would fund the increase. He stated that the pension plan has gone through the various cycles of the stock market and has been able to maintain the City's assumption rate of return of 7.75 per cent. He requested that any increase in the pension multiplier be made retroactive to July 1, 1998. Mr. Theodore Kaplan, 4862 Old Mountain Road, N. E., a City employee, advised that the City of Roanoke's five Ali-America City Awards were received as the result of efforts of City employees, ranging from those employees who collect the trash to those who serve in secretarial positions, and those same employees are now seeking what they feel is just compensation for their efforts. He stated that those City employees who live outside of the City's corporate limits 19 work just as hard as those who live inside the City limits and they deserve the same benefits. He advised that City employees are seeking what they consider to be an affordable enhancement to the pension plan. Edward L. Crawford, 5005 Buffalo Circle, Salem Virginia, an employee of the Fire/EMS Department, read a prepared statement calling attention to savings due to the merger of the Fire/EMS Departments, pay increases of 15 per cent for certain upper level management employees last year, and an $8,000.00 contribution for deferred compensation through the ICMA for upper management personnel. He stated that it has been suggested that a pay and benefits study be conducted, however, he expressed concern over past studies because the City has a history of not acting on studies as proposed by the consultant, but enacting those portions of the study that affect certain groups of employees. He requested that past pay plan studies, which were not implemented, be reviewed before spending over $50,000.00 of taxpayers money on another pay and benefits study. Charles E. Wells, 440 Rabbit Hill Lane, Rocky Mount, Virginia, a 17 year employee of the Fire/EMS Department, advised that the 1998 actuarial study supports the request of City employees that the pension multiplier be increased to 2.3 per cent. He stated that The Roanoke Times and the Roanoke Valley Regional Chamber of Commerce have attacked City employees in their efforts to obtain a more secure future for their families. In response to those attacks, he advised that City workers do not feel that the compensation they receive in pay and benefits for the work they do is dessert, but the meat and potatoes that their families depend upon to maintain a decent standard of living. He added that it was stated by The Roanoke Times and the Chamber of Commerce that the City pension plan offers employees over the age of 65 better benefits than the Virginia Supplemental Retirement System, however, he questioned the number of City employees over the age of 65, and noted that the physical fitness standards in the Fire Department alone are such that very few employees will work until age 65, and the 70~80 Rule is a benefit that has been created that most City employees cannot afford to use. He inquired as to why it was not reported by The Roanoke Times as to how much better the Virginia Supplemental Retirement System is than the City's retirement system before the age of 65. In referring to pension benefits already granted, he advised that the Director of Finance stated that the cost to taxpayers for those changes is $15.1 million; however, the statement would infer that the City spent $15.1 million out of next years' budget, but it should be 20 noted that the cost is figured over the length of the actuary which is 20 years. He expressed appreciation to Council for its consideration of the request and explained that the intent is to show how City employees, retirees and citizens can benefit from this proposal, therefor, he requested that Council consider the entire story before making its decision. Marsha W. Ellison, Chairperson, Roanoke City School Board, advised that Council has been supportive of adequate funding of the School Board's budget to insure that the educational and facility needs of all Roanoke City children are met. She expressed the concern of the School Board over the request to increase the pension multiplier which could negatively impact the amount of funding that will be available to the schools. She advised that the School Board realizes that the revenue picture has been blurred by the State imposed reduction in the car tax and this reduction in taxes to the City has already negatively impacted City funding that the Schools will receive, and Council is currently dealing with a request by City employees that could negatively impact future funding to Roanoke City Schools. She stated that the School Board receives the Superintendent's preliminary budget in December, the Board has not begun to study the 1999-2000 school budget, but the goal of the School Board is to at least maintain the current level of funding in order to adequately address the standards of learning initiatives, maintain teacher salaries at the national average, and address major capital improvement projects. She advised that the higher standards established by the Standards of Learning may necessitate that the school system increase the number of students required to attend summer school, and the School Board has also implemented a five year reading initiative and supported extension of the school year. She explained that following completion of Addison Middle School renovations, facility needs of the high schools will be addressed, the school system has achieved great momentum in building renovation programs, the School Board wishes to complete high school renovations; and the level of funding that the school system received last year and the three previous years must be maintained in order to fulfill these goals. She requested that any pension enhancement decisions be carefully weighed because Council's actions will effect the ability to adequately fund the schools in the future and that any decisions on these issues be deferred pending further information during fiscal year 1999-2000 budget study. 21 Esther Cirasunda, President, Roanoke Education Association, advised that the REA opposes any plan that will severely impact the School Board's budget. She stated that children need to be well educated which involves not only providing the best teachers, but providing adequate compensation to teachers for the jobs they do on a daily basis, maintaining adequate facilities, and providing proper transportation and classroom supplies, all of which require funds. She advised that the City of Roanoke only recently met the national average in teacher salaries; however, Roanoke reached that level with a decrease in instructional and other supplies. She called attention to crowded classrooms and trailers on school campuses to accommodate student overflow that have no restrooms or eating facilities which cause students to travel outside in all kinds of inclement weather. She advised that there are insufficient funds in the 1998-99 budget to meet additional technology requests; there will be a need to construct new high schools in the future, many school libraries are currently outdated, and many facilities do not have proper access to educational television. She stated that according to research from the Virginia Education Association, Roanoke ranks 16th in funding of state per capita income, yet ranks 51st in local fiscal effort for funding of the school budget among 133 school divisions. She requested that Council deny any actions that will negatively impact the School Board's budget. Ms. Marianne Gandee, 3271 Allendale Street, S. W., advised that Council Members must make decisions in a rational manner following appropriate studies and with all essential facts, therefor, any decision based on incomplete or unreliable information is unacceptable. She stated that it is the responsibility of Council to do the right thing and not the popular thing to insure that the City of Roanoke will continue to provide the necessary services, capital improvements and educational opportunities for many years to come. She added that Council must consider all of the alternatives, regardless of the wishes of any particular faction, and make decisions based on the best way to provide services for all citizens of Roanoke which sometimes means denying the requests of certain special interest groups. Robert E. Tonkinson, Jr., 1830 Belleville Road, S. W., advised that he spoke as a citizen of Roanoke and as a member of a recently appointed citizens committee and expressed opposition to any proposed pension plan benefit enhancements. He stated that citizens are outraged by the continued consideration of City employee pension enhancements and call upon Council to stop this unwise course of action. He advised that Council has already taken steps to enrich 22 retirement benefits that will cost City taxpayers more than $15 million to be paid in equal installments of $1.6 million each year from this point forward and further increases are unacceptable and unjustified. He added that now is the time for responsible, not political money management for the City of Roanoke, and the result of approving a pension plan benefit increase is a city that is in debt to its employees for the cost of increased benefits and once granted, those benefits can never be taken back. He advised that if problems exist in recruitment and retention of City employees, qualified independent individuals should be engaged to conduct studies to compare savings and benefits to those offered by the private sector in the Roanoke community and other Virginia municipalities. He stated that the position of the citizens committee is that City employee pension benefits are more than adequate and an increase that addresses no identified need is poor public policy. He advised that Council must make a responsible and not a political decision, and wage and benefits changes should be governed by the facts of the market and not simply at the request of those who stand to benefit. He stated that the City of Roanoke already has the best retirement plan of any city in Virginia and enhancing those benefits will drain resources without meeting any identified needs. He added that Council should reinvest funds in the City in ways that benefit the majority of taxpayers and residents and not a select few. Mr. Robert Gravely, 1412 Moorman Road, N. W., advised that there should not be a conflict between taxpayers and City workers about pay issues, and spoke in support of pension enhancements for City employees. Mr. Trout moved that the pension multiplier be increased from 2 per cent to 2.1 per cent, effective January 1, 1999. The motion was seconded by Mr. Hudson. Mr. White advised that Council has requested the City Manager to engage a consultant to prepare not only a pay plan study but a fringe benefits study and one of the most significant fringe benefits for City employees is the pension plan, therefor, he strongly urged that Council delay any decision on the matter until the report of the consultant is completed. Mr. White offered a substitute motion that action on Mr. Trout's motion be tabled until fiscal year 1999-2000 budget study and pending completion of the pay and benefits study by the consultant. The motion was seconded by Mr. Swain and lost by the following vote: 23 AYES: Council Members Harris, Swain and White .................. 3. NAYS: Council Members Hudson, Trout, Wyatt and Mayor Bowers ............................................................................. -4. Mr. Swain moved that Council declare a recess. The motion was seconded by Ms. Wyatt and lost by the following vote: AYES: Council Members Swain, White and Wyatt ................... 3. NAYS: Council Members Harris, Hudson, Trout and Mayor Bowers ............................................................................ -4. The main motion offered by Mr. Trout, seconded by Mr. Hudson, to increase the pension multiplier from 2 per cent to 2.1 per cent, effective January 1, 1999, was adopted by the following vote: AYES: Council Members Harris, Hudson, Trout, Wyatt and Mayor Bowers .............................................................................. 5. NAYS: Council Members Swain and White ............................. 2. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: BUDGET-CAPITAL IMPROVEMENTS PROGRAM-EQUIPMENT: The City Manager submitted a written report advising that during the past three months, the City Administration has been working to identify and prioritize capital maintenance and equipment replacement needs; operating departments submitted over $12.3 million in capital requests for vehicles, equipment replacement and maintenance; and all requests to be funded were classified into six major categories with funding allocated as follows: Fiscal Year Fiscal Year Increase/ 1997-98 1998-99 Decrease Capital Maintenance $2,018,200.00 $1,362,000.00 Fleet Replacement 731,400.00 600,000.00 Equipment 576,439.00 584,675.00 Technology Enhancements 800,000.00 500,000.00 Office Furniture and Equipment 53,027.00 83,717.00 All Other 261.033.00 340.000.00 $4.440.099.00 $3.470.392.00 ($656,200.00) (131,400.00) 8,236.00 (3oo,ooo.oo) 30,690.00 78,967.00 ($969.707.00) 24 ACTION: It was further advised that a list of items recommended for purchase was included with the report; in the coming weeks and months, the City Administration will bring to Council recommendations on award of contracts for vehicles, equipment, and maintenance items which will have been bid under the City's normal procurement procedures; and Council will be requested to appropriate funds for all expenditure items on the CMERP listing. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that the report be received and filed. The motion was seconded by Mr. Harris and unanimously adopted. ITEMS RECOMMENDED FOR ACTION: BUDGET-WILLIAMSON ROAD AREA BUSINESS ASSOCIATION- CONSULTANTS REPORTS: The City Manager submitted a written report advising that Roanoke's Capital Improvement Program - Fiscal Years 1998-2002 includes Williamson Road Corridor Study Recommendations; the total project consists of constructing infrastructure improvements and other enhancements, including, but not limited to curb and gutter, sidewalks, crosswalks, street lighting, signage and landscaping along the Williamson Road business corridor; project limits include all of Williamson Road from Orange Avenue on the south to the northerly City limit; advertisement of public notice to seek architectural/engineering services was advertised on April 19, 1998; proposals were received from Hill Studio, P. C., Whitesell Orrison, Inc., and Hayes, Seay, Mattern & Mattern, Inc.; and after personal interviews were conducted, Whitesell Orrison, Inc., was determined to be most qualified firm for the project. It was further advised that contract negotiations are complete, and a lump sum agreement has been reached with Whitesell Orrison, Inc., in the amount of $35,000.00; the contract will provide for preliminary engineering design services for the entire project, preparation and submittal of an ISTEA grant application for the Williamson Road Area Business Association (WRABA) and a Virtual Reality Projection for Phase I of the project; final design, bidding, and certain construction management duties are to be negotiated at a later date; the contract may be awarded administratively inasmuch as the 25 ACTION: contract amount falls within the Council delegated range (under $75,000.00); and the purpose of the report is to appropriate a portion of funding authorized by the Bond Referendum of November, 1997 into a capital account. The City Manager recommended that Council appropriate $50,000.00 from the sale of Series 2000 Bond Issue to a capital account to be established entitled, "Williamson Road Improvements" for preliminary design of improvements, submittal of an ISTEA Grant application for WRABA, and projection of a Virtual Reality Projection of Phase I by the AlE Consultant; adopt a resolution declaring the City's intent to reimburse itself $50,000.00 from the sale of Series 2000 bonds as authorized by Ordinance No. 33497-072197, in the principal amount of $39,030,000.00; and maximum amount of bonds anticipated to be issued relating to the Williamson Road Corridor Study is $575,000.00. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34027-100798) 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 190.) Mr. Harris moved the adoption of Ordinance No. 34027-100798. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. Mr. Harris offered the following resolution: (#34028-100798) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 26 33497-072197, adopted July 21, 1997, for certain expenditures to be made for architectural/engineering services in connection with the Williamson Road Corridor Study Recommendations; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 61, page 191.) ACTION: Mr. Harris moved the adoption of Resolution No. 34028-100798. 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. Council Member Swain inquired as to the total cost of the project; whereupon, the Director of Public Works advised that he would provide Council with a project cost summary. PARKS AND RECREATION-SCHOOLS: The City Manager submitted a written report advising that the Roanoke City Public Schools scheduled a complete renovation of Woodrow Wilson Middle School to occur between June, 1997 and August, 1998; a fitness room was designed into the renovation; and physical fitness equipment totaling $35,000.00 was approved for purchase by the Department of Parks and Recreation under the fiscal year 1998 CMERP program. It was further advised that Woodrow Wilson Middle School renovations have been completed and the facility was opened to students in August, 1998, and the fitness room has been completed and is available for use; fitness equipment totaling $35,437.00 has been ordered by the Department of Parks and Recreation and will be available for use by the end of October; Roanoke City Public Schools will use the fitness room and equipment for physical education classes and sports conditioning; Roanoke City Parks and Recreation Department plans to operate the facilities as a public fitness center, open to the general public, during non-school hours; and minimal fees to be charged for fitness room usage to all persons are: City Residents - $10.00 per month or $2.00 per visit, all others - $15.00 per month or $3.00 per visit, with the option that rates may be seasonally adjusted to reflect demand or to meet needed operating expenses. 27 The City Manager recommended that he be authorized to execute an agreement between the Roanoke City School Board and the City of Roanoke allowing the Department of Parks and Recreation to operate specified areas of Woodrow Wilson Middle School as a public fitness center; and that the City Manager, or his designee, be authorized to establish user fees to be charged at the fitness center so long as such fees do not fall below the minimum fees stated in the agreement. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#34029-100798) A RESOLUTION authorizing the City Manager to execute an agreement between the Roanoke City School Board and the City of Roanoke, allowing the City to operate a fitness center at the Woodrow Wilson Middle School for use by the general public, and authorizing the establishment of user fees to be charged at the fitness center, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 61, page 192.) ACTION: Mr. Hudson moved the adoption of Resolution No. 34029-100798. 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 ........................................................................ O. PURCHASE/SALE OF PROPERTY-HABITAT FOR HUMANITY: The City Manager submitted a written report advising that Council directed the initiation of negotiations to purchase approximately 6.5 acres of land in Westview Terrace from Habitat for Humanity at its meeting on August 3, 1998; an offer of $352,800.00 was made on August 18, 1998, to the Board of Directors of Habitat for Humanity; and this offer was accepted on September 11, 1998, at a joint news conference between the City, Habitat for Humanity and the Blue Ridge Housing Development Corporation. It was further advised that authorization is needed to move forward with procurement of title work, document preparation, and closings related to the fee simple acquisition of the property; it is 28 ACTION: anticipated that the property will be sold to a private developer for the construction of middle to upper income housing; Habitat will acquire a portion of four lots from Planned Parenthood of Blue Ridge, Inc., prior to conveyance of the property to the City; Habitat's agreement with Planned Parenthood provides that upon expiration of the restrictive covenants currently on the land that only allow the land to be used for residential purposes, the covenant will be modified or terminated to allow Planned Parenthood to use its property for commercial parking; and the deed to the City from Habitat will require the City, or its successors, to take such action. The City Manager recommended that Council authorize the fee simple acquisition of property as more fully described in Attachment A to the report; transfer $10,000.00 from Contingency Account No. 001- 002-9410-2199 to Transfer to Capital Projects Fund, Account No. 001- 004-9310-9508; appropriate $360,000.00 in the Capital Projects Fund in an account to be established by the Director of Finance entitled, "Westview Terrace Property Acquisition"; and that the City Manager or the Assistant City Manager be authorized to execute the necessary documents, in a form to be approved by the City Attorney, to acquire the property. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34030-100798) AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 193.) Mr. Harris moved the adoption of Ordinance No. 34030-100798. 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. Mr. Harris offered the following emergency ordinance: 29 (#34031-100798) AN ORDINANCE providing for the acquisition of approximately 6.5 acres of land located in Westview Terrace, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 194.) ACTION: Mr. Harris moved the adoption of Ordinance No. 34031-100798. 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 ........................................................................ O. POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a written report advising that the Edward Byrne Memorial Formula Grant Program was created by Congress to provide federal funds to states and localities for improving the criminal justice system; in Virginia, this grant program is administered by the Department of Criminal Justice Services (DCJS); the Criminal Records System Improvement portion of the grant program provides funding for the development of computerized information systems and software programs to enhance data quality and timeliness of submissions; the Roanoke City Police Department is mandated to maintain accurate records on activities which include in excess of 82,000 dispatched calls, 16,000 criminal arrests, and 21,000 traffic summonses annually; and the Police Department is requesting to apply for funds under the grant to expand local funding capabilities and to obtain a records management system through the bid and vendor evaluation process which provides the best service to the City. It was further advised that a request for proposals for a Records Management System was developed by City Information Systems (ClS) in coordination with the Police Department and a professional consultant, which prompted eight proposals for evaluation; selection of a records management system will be made by December, 1998; the Department of Criminal Justice Services has advised that the City of Roanoke is eligible to apply for a competitive award of up to $350,000.00 under the program for 1999; program award would require a local match amount of at least 25% of this total; grant funds of $262,$00.00 are to be requested for development, purchase, and installation of a modern records management system in the Police 3O Department; and the local match of $87,500.00 is available in Account No. 013-052-9801-9230 which represents a match of 25% of total program expense of $350,000.00. The City Manager recommended that Council apply for funds from the Department of Criminal Justice Services Byrne Grant in the Criminal Records System Improvement Program; and that he be authorized to execute all appropriate documents to obtain funding through the Byrne Grant Program administered by the Department of Criminal Justice Services. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#34032-100798) A RESOLUTION authorizing the application for and acceptance of a grant to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for a criminal records improvement program in the Police Department and authorizing execution of any required documentation on behalf of the City by the City Manager. (For full text of Resolution, see Resolution Book No. 61, page 195.) ACTION: Mr. Hudson moved the adoption of Resolution No. 34032-100798. 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 ........................................................................ O. POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a written report advising that the Edward Byrne Memorial Formula Grant Program was created by Congress to provide federal funds to states and localities for improving the criminal justice system; in Virginia, the grant program is administered by the Department of Criminal Justice Services (DCJS); the Incident Based Reporting (IBR) portion of the grant program provides funding to support implementation of crime reporting systems which capture full data on each "incident" to a more precise level than has been used in the past; the Roanoke City Police Department is mandated to maintain accurate 31 records on activities which include in excess of 82,000 dispatched calls, 16,000 criminal arrests, and 21,000 traffic summonses annually; DCJS mandates for incident based reporting capability become effective in 1999; and the Police Department is requesting to apply for funds under the grant to expand local funding capabilities and to obtain an incident based crime reporting system through the bid and vendor evaluation process which provides the best service to the City. It was further advised that a Request For Proposal, which includes Incident Based Reporting, was developed by City Information Systems (CIS) in coordination with the Police Department and a professional consultant which prompted eight proposals; selection of a records management system will be made by December, 1998; total system cost which is not known at this time will be negotiated with the vendor selected; the Department of Criminal Justice Services has advised that the City of Roanoke is eligible to apply for a competitive award of up to $60,000.00 for 1999; program award would require a local match amount of at least 60% of this total; grant funds of $24,800.00 are to be requested for development, purchase, and installation of a modern IBR management system in the Police Department; and the local match of $24,800.00 is available in Account No. 013-062-9801-9203 which represents a match of 50% of the combined program expense of $49,600.00. The City Manager recommended that Council apply for funds from the Department of Criminal Justice Services Byrne Grant in the Incident Based Reporting Program; and that he be authorized to execute all appropriate documents to obtain funding through the Byrne Grant Program administered by the Department of Criminal Justice Services. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#34033-100798) A RESOLUTION authorizing the application for and acceptance of a grant to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services to implement an incident based crime reporting system in the Police Department and authorizing execution of any required documentation on behalf of the City by the City Manager. (For full text of Resolution, see Resolution Book No. 61, page 196.) 32 ACTION: Mr. Hudson moved the adoption of Resolution No. 34033-100798. 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. BUDGET-HUMAN DEVELOPMENT-YOUTH: The City Manager submitted a written report advising that the City of Roanoke has received Program Grant Number 03CY0396101, in the amount of $106,606.00, from the U. S. Department of Health and Human Services to administer Sanctuary's Outreach Program for runaway and homeless children; funds are used to cover the salaries and fringe benefits of a Youth Counselor Coordinator's position (a shared position, only half of the salary, FICA and ICMA), a Youth Counselor III, a Youth Counselor I position, a Temporary Relief Counselor and related program activities; and the goal of the grant program is to reduce the number of runaway, throwaway, homeless and street youth in Roanoke's service community and to increase the number of family reunifications among this population. The City Manager recommended that he be authorized to execute a grant agreement and ancillary documents required to accept the United States Department of Health and Human Services' Runaway and Homeless Youth Program Grant No. 03CY03961/01; and appropriate $106,606.00 of Federal grant funds to the Crisis Intervention/Sanctuary Outreach Program to the following revenue and expenditure accounts to be established in the Grant Special Revenue Fund by the Director of Finance: 1002 Regular Employee Salaries $74,604.00 1004 Temporary Wages 5,005.00 1120 FICA 6,090.00 1115 Retirement 6,714.00 1116 ICMA Match 325.00 1125 Health Insurance 4,968.00 1126 Dental Insurance 510.00 1130 Life Insurance 537.00 1131 Long Term Disability 187.00 2010 Fees for Professional 1,000.00 Services (consultant) 2020 Telephone (beeper) 200.00 2021 Cellular Telephone 650.00 33 ACTION: ACTION: 2030 Administrative Supplies $ 831.00 2042 Dues/Memberships 685.00 2044 Training 1,800.00 2046 Mileage 1,000.00 2066 Program Activities 1,500.00 Federal Grant Revenue $ 106,606.00 (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34034-100798) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 197.) Mr. Harris moved the adoption of Ordinance No. 34034-100798. 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. Mr. Harris offered the following resolution: (#34035-100798) A RESOLUTION authorizing the acceptance of a grant from the United States Department of Health and Human Services to provide services at the City's Crisis Intervention Center (Sanctuary); and authorizing the execution of the necessary documents. (For full text of Resolution, see Resolution Book No. 61, page 198.) Mr. Harris moved the adoption of Resolution No. 34035-100798. The motion was seconded by Mr. Swain and adopted by the following vote: 34 AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ....................................................................... 0. DIRECTOR OF FINANCE: PENSIONS: The Director of Finance submitted a written report advising that on June 1, 1998, Council adopted an ordinance 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); implementation of this option allowed senior employees the opportunity to participate in the same benefits that are provided to new employees; the "window of opportunity" was opened on July 1, 1998 and closed at 5:00 p.m. on August 31, 1998; and results of this option are as follows: 161 of 367 eligible members (44%) took advantage of the option; and 331 of 367 eligible employees attended one of the 12 group meetings that were conducted at various work locations throughout the City by retirement staff. (For full text, see report on file in the City Clerk's Office.) ACTION: Without objection by Council, the Mayor advised that the report would be received and filed. BUDGET-HIGHER EDUCATION CENTER-SCHOOLS: The Director of Finance submitted a written report advising that the Virginia General Assembly adopted Chapter 813 of the 1997 Acts of Assembly establishing the Roanoke Higher Education Authority; in 1998, funding was provided by the General Assembly in the amounts of $5,379,000.00 for establishing the Authority and $62,500.00 in fiscal year 1998-99 and fiscal year 1999-2000, each, for operations; the Roanoke Higher Education Authority is responsible for expanding access to higher education and workforce training in the Roanoke Valley by establishing the Roanoke Higher Education Center with such funds as are appropriated or made available for this purpose; on July 20, 1998, Council authorized the Director of Finance to serve as temporary fiscal agent for the Roanoke Higher Education Authority; and funds in the amount of $62,500.00 were appropriated for fiscal year 1999 operating costs and the corresponding revenue estimate by Council on August 17, 1998, pursuant to Ordinance No. 33989. 35 ACTION: ACTION: It was further advised that funds in the amount of $5,379,000.00 have been received from the Commonwealth of Virginia for establishing the Authority as outlined by the Virginia General Assembly; and action by Council is required to appropriate $5,379,000.00 to enable expenditure of funds. The Director of Finance recommended that Council appropriate $5,379,000.00 in accounts to be established by the Director of Finance for Higher Education Authority capital and development costs and increase the corresponding revenue estimate. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34036-100798) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Higher Education Authority Fund, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 199.) Mr. Trout moved the adoption of Ordinance No. 34036-100798. 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. DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of August, 1998. (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: 36 ACTION: SEWERS AND STORM DRAINS-EASEMENTS-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to encroachment of a 5,000 square foot commercial building over an existing sewer line and easement located on property commonly known as 4803 Williamson Road, N. W. A staff report advised that property at the corner of Williamson Road and Birchlawn Avenue is under contract to be purchased by J. B. Goria; the purchaser desires to construct a 5,000 square foot commercial building on the property; and an existing sewer line and easement cross the property in the area of the proposed building. It was further advised that the purchaser has requested permission to construct a building over the existing sewer line and has agreed to certain conditions to minimize the potential hazard of constructing the building over the sewer line, as follows: the existing sewer line shall be replaced with ductile iron pipe or encased in concrete or steel and a manhole shall be installed at each end of the new pipe. The Water Resources Committee recommended that Council authorize the City Manager to execute an agreement with J. B. Goria, 4803 Williamson Road, N. W., Official Tax No. 2170128, to permit the construction of a 5,000 square foot commercial building over the existing sewer line, under certain conditions; said agreement shall be for the life of the structure only, and in a form to be approved by the City Attorney. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#34037) AN ORDINANCE granting a license to permit an encroachment of a 5,000 sq. ft. commercial building over an existing sewer line and easement located on the property commonly known as 4803 Williamson Road, N. W., and bearing Official Tax No. 2170128, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 61, page 208.) 37 ACTION: 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. SEWERS AND STORM DRAINS-EASEMENTS-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to encroachment of a two-story residential building over existing sewer lines and easements located on property commonly known as 218 Twenty-third Street, S. W., Official Tax No. 1051501. A staff report advised that property located at 218 Twenty-third Street, S. W., is under contract to be purchased by Edwin C. Hall, who desires to construct a two-story residential building on the property; and two existing sewer lines and easements cross the property in the area of the proposed building. It was further advised that the purchaser has requested permission to construct the building over the existing sewer lines; the purchaser has agreed to certain conditions, and to bear the expense thereof, to minimize the potential hazard of constructing a building over the sewer lines, as follows: existing sewer lines shall be replaced with ductile iron pipe or encased in concrete or steel; and a manhole shall be installed at each end of all new pipe. The Water Resources Committee recommended that Council authorize the City Manager to execute an agreement with Edwin C. Hall at 218 Twenty-third Street, S. W., Official Tax No. 1051501, to permit the construction of a two-story residential building over existing sewer lines, under certain conditions; said agreement shall be for the life of the structure only, in a form to be approved by the City Attorney. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt moved that the following ordinance be placed upon its first reading: 38 (#34038) AN ORDINANCE granting a license to permit an encroachment of a two-story residential building over existing sewer lines and easements located on the property commonly known as 218 Twenty-third Street, S. W., and bearing Official Tax No. 1051501, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 61, page 210.) 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. PARKS AND RECREATION-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to release of a portion of Strauss Park from its dedication to public park and recreational use, and dedicating portions of the property as public right-of-way in connection with the Peters Creek Road Extension project. A staff report advised that alignment of Peters Creek Road Extension, which passes through Strauss Park, was approved by Council on March 5, 1990; construction of Peters Creek Road Extension through Strauss Park required the City to declare a portion of Strauss Park no longer needed for park purposes in order to dedicate the necessary right-of-way; a release from the property owner who donated the land to the City was obtained at that time; construction of the roadway is now complete; there are four residual parcels of former park land that are separated by the roadway from the park which were not dedicated as right-of-way; and Peters Creek Road is a "controlled access" segment at this location which means that all access to Peters Creek Road must have the concurrence of the Virginia Department of Transportation. It was further advised that the property is of no benefit as a park due to its separation from the park by the roadway; and requests have been received from potential purchasers of properties adjacent to two of these parcels for access to Peters Creek Road across City property. 39 ACTION: The Water Resources Committee recommended that Council declare these residual portions of Strauss Park as no longer needed for public park and recreational use, and dedicate Parcels A, B and C as public right-of-way, in order to allow access of adjacent landowners to Peters Creek Road Extension, subject to obtaining a release from the former property owner. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#34039) AN ORDINANCE releasing a portion of Strauss Park from its dedication to public park and recreational use; dedicating some of that same property as public right-of-way in connection with the Peters Creek Road Extension Project; subject to the former property owner concurring in the releasing of the property from the restriction that it be used as a public park and public recreation area. (For full text of Ordinance, see Ordinance Book No. 61, page 212.) 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. HUMAN DEVELOPMENT-YOUTH-LEASES-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of an agreement with Crystal Tower Building Corporation for the lease of office space within the Crystal Tower Building to house the staff of Managed Health Services, Inc. A staff report advised that the Comprehensive Services Act (CSA) for At-Risk Youth and Families, which became effective July 1, 1993, provides for non-residential or residential services for at-risk youth and their families; in order to qualify for CSA funding, localities must incorporate utilization management/utilization review procedures for placements utilizing CSA funding; an agreement with Managed Health Services, Inc., to implement and support a utilization monitoring 4O ACTION: and case management program was entered into on July 22, 1998; and the agreement provides that the Roanoke City Department of Human Development will provide office space to house the Managed Health Services, Inc., staff. It was further advised that 530 square feet of space has been located in the Crystal Tower Building, 145 W. Campbell Avenue, which is suitable to house staff of Managed Health Services Inc.; the proposed lease requires the City to indemnify the Lessor from and against any and all liability, cost, expense, claims, or judgments arising from injury resulting from the City's default or the negligent or intentional act or omission of the City, its agents, employees, invitees, and others, in connection with the leased premises; and the proposed lease will be for a period of one year, at a rate of $507.92 per month, which equals $11.50 per square foot per year including electricity and light janitorial services, and this is considered to be a very competitive price for finished office space. The Water Resources Committee recommended that Council authorize the execution of a Lease Agreement containing such terms and conditions as summarized above and such additional terms and conditions as required by the City Manager, in a form to be approved by the City Attorney. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: (#34040-100798) AN ORDINANCE authorizing the City Manager to enter into an agreement with Crystal Tower Building Corporation, for the leasing of office space within the Crystal Tower Building to house the staff of Managed Health Services, Inc., upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 201.) Ms. Wyatt moved the adoption of Ordinance No. 34040-100798. The motion was seconded by Mr. Harris and adopted by the following vote: 41 ACTION: AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. CITY NURSING HOME-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to disposition of the City Nursing Home structure at Coyner Springs. A staff report advised that the City Nursing Home at Coyner Springs was erected in 1939 as a tuberculosis sanitarium; the facility has been vacant and requires continued maintenance; and the City has no use for the building that would not require considerable expenditure for renovation and maintenance, and the structure would remain remotely located. It was further advised that the Nursing Home facility is no longer needed by the City inasmuch as the City no longer provides nursing care to its citizens; the structure may be demolished or otherwise disposed of as surplus property, with the real property (land) to remain City property; and the facility has become a potential liability and maintenance issue for the City since heat, water and electricity have been maintained to prevent undue deterioration. The Water Resources Committee recommended that Council declare the Nursing Home structure (not the real property) as surplus property and authorize demolition of the facility as may be deemed appropriate by the City Manager, or his designee. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#34041) AN ORDINANCE declaring the City Nursing Home structure at Coyner Springs surplus property and authorizing its demolition. (For full teXt of Ordinance, see Ordinance Book No. 61, page 213.) The motion was seconded by Mr. Trout and adopted by the following vote: 42 AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ O. TRAFFIC-SIDEWALK/CURB AND GUTTER-BUDGET-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to acquisition of certain property rights needed by the City for the Lafayette/Cove Road, N. W., sidewalk project. A staff report advised that increased traffic along Cove Road is creating concern for pedestrian safety, with traffic likely to continue to increase; residents have requested a review of pedestrian facilities in the CovelHershberger Road corridor; City staff has identified an area along Cove Road between Lafayette Boulevard and Aspen Street that would benefit from the construction of sidewalk, curb and gutter; and new concrete sidewalks, entrances, curb and gutter improvements were approved as part of the 1996 Bond Issue. It was further advised that plans have been developed for construction of the sidewalk and property rights are needed to implement the construction; negotiations with property owners are proceeding well and authorization is needed to move forward with procurement of title work, appraisals, and document preparation related to acquisition of the necessary property rights; and project costs for acquisition of property rights are estimated to be $20,000.00. The Water Resources Committee recommended that Council take the following actions: Authorize acquisition of property rights in a form to be approved by the City Attorney; said property rights may be acquired by negotiation or eminent domain, and include fee simple, permanent easements, temporary construction easements, right of way, and licenses or permits. Transfer $20,000.00 from the 1996 Bond Issue Account No. 008-052-9701-9191 to an account to be established by the Director of Finance entitled, "Lafayette/Cove Road Sidewalk Project". 43 ACTION: ACTION: Authorize the City Manager, or the Assistant City Manager, and the City Clerk to execute and attest, respectively, the necessary documents, in a form to be approved by the City Attorney, to acquire the property. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (#34042-100798) 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 202.) Ms. Wyatt moved the adoption of Ordinance No. 34042-100798. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ O. Ms. Wyatt offered the following emergency ordinance: (#34043-100798) AN ORDINANCE providing for the acquisition of certain property rights needed by the City for the Lafayette/Cove Road Sidewalk Project; setting a limit on the consideration to be offered by the City; providing for the City's acquisition of such property by condemnation, under certain circumstances; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 203.) Ms. Wyatt moved the adoption of Ordinance No. 34043-100798. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers .............................................................. 7. NAYS: None ...................................................................... 0. ACTION: EASEMENTS-BRIDGES-BELL ATLANTIC - VIRGINIA, INC.-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of the appropriate document granting an easement across City-owned property to Bell Atlantic - Virginia, Inc., for the Brambleton Avenue Bridge Replacement Project. A staff report advised that Council approved acquisition of property rights for the replacement of the Brambleton Avenue Bridge pursuant to Ordinance No. 32883-040196; Fishburn Park runs alongside Brambleton Avenue in the area where the bridge will be replaced, near the intersection of Ross Lane; and Bell Atlantic - Virginia, Inc., has underground conduit in the area where bridge replacement construction will take place. It was further advised that construction of the new bridge will require relocation of Bell Atlantic's existing underground conduit; and an easement across Fishburn Park property has been requested by Bell Atlantic in order to relocate its underground conduit. The Water Resources Committee recommended that Council authorize execution of the appropriate document granting an easement across City-owned property to Bell Atlantic - Virginia, Inc. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt moved that Council hold a public hearing on Monday, October 19, 1998, at 7:00 p.m. The motion was seconded by Mr. Trout and unanimously adopted. SEWERS AND STORM DRAINS-WATER RESOURCES: Vice- Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to establishment of a late payment penalty for unpaid water and sewer bills. A staff report advised that in 1996, a Utility Information System Team was appointed to develop specifications for a new utility billing system and to evaluate and re-engineer business practices; the Team reviewed payment and delinquent bill processing and recommended 45 ACTION: thata late payment penalty be charged on unpaid water/sewer bills; and late payment fees are an incentive for timely payment, which unpaid bills result in increased staff time, postage, and printing costs in addition to the costs of field staff work. It was further advised that the Utility Information System Team recommends a 10% late payment penalty with a $2.00 minimum penalty; the Team further recommends that a bill not be considered "past due" for application of penalty until the subsequent "delinquent notice" billing becomes past due; customers will have 34 days before a penalty will be added to their unpaid bill; a delay in adding the penalty would minimize the instances where an automatically applied penalty might create the need for adjustments due to postmarks, processing time, weekends, and to assure that customers have adequate time to pay on a current basis; the procedure is similar to that used by other utility companies; and the penalty applied to an average water/sewer bill of $50.00 paid late would result in a $5.00 penalty. The Water Resources Committee recommended that Council authorize assessment of a ten per cent penalty with a $2.00 minimum on unpaid water/sewer bills; amend the Rules and Regulations for Provision of Water Service as provided; and amend Section 2-178.1 of the Code of the City of Roanoke, 1979, as amended, to exclude water/sewer bills from the requirement that interest be charged. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#34044) AN ORDINANCE amending the Rules and Regulations for the Provision of Water Service dated October 22, 1984, to provide a payment due date for water and sewer bills not less than twenty days after the billing date and a penalty of ten percent (10%) with a two dollar ($2.00) minimum for delinquent water and sewer bills, and providing for an effective date thereof. (For full text of Ordinance, see Ordinance Book No. 61, page 214.) The motion was seconded by Mr. Harris and adopted by the following vote: 46 ACTION: AYES: Council Members Harris, Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#34045) AN ORDINANCE amending §2-178.1, Interest rates on overdue accounts, of Article VIII. Finance Generally, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, by excluding water and sewer accounts from having an interest charge imposed and by changing the reference from §15.1 to §15.2 of the Code of Virginia, and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 61, page 215.) 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. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: COUNCIL: Mr. Harris offered the following resolution changing the place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, October 19, 1998, to the Fralin Atrium at the Jefferson Center, 541 Luck Avenue, S. W., with the 2:00 p.m. Council session on the same date to be held in the City Council Chamber, 215 Church Avenue, S. W.: (#34046-100798) A RESOLUTION changing the place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, October 19, 1998. (For full text of Resolution, see Resolution Book No. 61, page 204.) 47 ACTION: Mr. Harris moved the adoption of Resolution No. 34046-100798. 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. COUNCIL: Mr. Harris offered the following resolution changing the place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, December 7, 1998, to the Woodrow Wilson Middle School Library, 1813 Carter Road, S. W., with the 2:00 p.m. Council session on the same date to be held in the City Council Chamber, 215 Church Avenue, S. W., in the City of Roanoke: (#34047-100798) A RESOLUTION changing the place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, December 7, 1998. (For full text of Resolution, see Resolution Book No. 61, page 205.) ACTION: Mr. Harris moved the adoption of Resolution No. 34047-100798. 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. COUNCIL-NATIONAL LEAGUE OF CITIES: Mr. Harris offered the following resolution designating Council Member William White, Sr., as the Voting Delegate and Council Member W. Alvin Hudson, Jr., as the Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities to be held on December 1 - 5, 1998, in Kansas City, Missouri: (#34048-100798) A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities. 48 (For full text of Resolution, see Resolution Book No. 61, page 206.) ACTION: Mr. Harris moved the adoption of Resolution No. 34048-100798. 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. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: EMERGENCY SERVICES-COMMUNITY HOSPITAL: Council Member Hudson commended Roanoke City and Roanoke Valley emergency services staffs who responded to a fire at Community Hospital on Monday, October 5, 1998. ZONING-COUNCIL-STREETS AND ALLEYS: Council Member Swain expressed concern with regard to notification of and attendance by citizens at public hearings conducted by Council. He requested that a wider range of notification be provided for future public hearings; i.e.: newspaper, RVTV Channel 3, local magazines, the Internet and area church bulletins/announcements. LEGISLATION-NEIGHBORHOOD ORGANIZATIONS: Vice-Mayor Harris called attention to a presentation by the City Manager and others at a meeting of the Commission on the Future of Virginia Cities on October 6, 1998, during the Annual Conference of the Virginia Municipal League at the Hotel Roanoke Conference Center, at which time the City Manager outlined certain ways that the Commonwealth of Virginia could provide cities with more authority to address neighborhood concerns. He requested that the City Manager prepare pertinent information to be included as a part of the City's 1999 Legislative Program. PAY PLAN-BUDGET-CITY EMPLOYEES-CONSULTANTS REPORTS-PENSION: Council Member Wyatt referred to her previous suggestion that a Member of Council serve as liaison to the employee team to be appointed by the City Manager to interview and recommend 49 the best qualified consultant to prepare a pay and benefits study for City employees; whereupon, clarification was requested as to whether Members of Council may attend meetings of a committee appointed by the City Manager. (See pages 12 - 13.) The City Attorney advised that meetings of the City Manager, or any other Council Appointed Officer, that consist of City employees are not subject to the Virginia Freedom of Information Act, such meetings are not open to the public or to the news media, and neither the public nor a member of the news media has the right to attend such meetings, except by invitation of the City Manager, or the appropriate Council Appointed Officer. The Mayor opened the floor for a motion by Council. There being none, the Mayor advised that without objection by Council, the City Manager's report with regard to engaging a consultant to prepare a pay and benefits study for City employees would be received and filed; whereupon, Council Member Wyatt registered an objection. Mr. Hudson moved that the City Manager's report be received and filed. The motion was seconded by Mr. Trout. Question was raised as to the legality of a Member of Council observing the proceedings of the study committee; whereupon, the City Attorney called attention to Section 7, Limitations of the Powers of Council, of the City Charter which provides as follows: "Neither the mayor, the council, nor any of its members, shall dictate, urge or suggest the appointment of any person to office or employment by the city manager, or in any manner interfere with the city manager, or prevent him from exercising his own judgement in the appointment of officers or employees in the administrative service; provided, however, that the city manager's appointments of directors of directorates, but not of department heads, shall be subject to confirmation by a majority of the members of the council. Except for the purpose of inquiry, the mayor, the council and its members shall deal with the administrative service solely through the city manager, and neither the mayor, the council, nor any member thereof, shall give orders to any of the subordinates of the city manager either publicly or privately." 5O Mr. Dibling clarified that it would be at the discretion of the City Manager to determine if a Member of Council would be invited to observe the proceedings of the study committee. Ms. Wyatt advised that it does not appear that the City Manager wishes to issue an invitation, therefor, the lack of an invitation to simply observe the process causes her to be suspect of what the process involves; accordingly, she asked that the record reflect her concern because she would question the validity of the process and the end result if a Member of Council cannot observe the process. The City Manager advised that the issue is much broader than the pay and benefits study inasmuch as Council will be plowing new ground by expressing an interest in participating in meetings which involve City employees appointed by the City Manager to address a topic that was assigned to the City Manager by the Council. He stated that as City Manager, he did not believe that he should invite, individually, any member of Council into a business discussion on a subject that Council had assigned to him to submit his best recommendation. He added that if the majority of Council designates a Council representative, he would honor the decision of Council as policy direction; however, he requested that Council consider how such action will effect meetings called by Council Appointed Officers in the future. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that Council seems to be placing too much emphasis on the word "participate" versus "observe". She expressed concern that a considerable amount of City business is conducted in private, and, on behalf of those citizens who elected Ms. Wyatt to City Council as their representative, she could see no danger in allowing Ms. Wyatt to observe the proceedings, which in no way participating in the meetings or decisions of the City Manager's study committee. The motion to receive and file the report of the City Manager was adopted, Council Member Wyatt voted no. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 6:15 p.m., the Mayor declared the meeting in recess. 51 ACTION: ACTION: At 6:50 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Wyatt who left the meeting immediately following the Executive Session. COUNCIL: With respect to the Executive Session just concluded, Mr. Hudson 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. Harris and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent). CLAIMS-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: Mr. Harris offered the following resolution assigning any and all claims and causes of action the City of Roanoke may have against Hayes, Seay, Mattern & Mattern, Inc., to the Hotel Roanoke Conference Center Commission: (#34049-100798) A RESOLUTION assigning any and all claims and causes of action the City of Roanoke may have against Hayes, Seay, Mattern & Mattern, Inc., to the Hotel Roanoke Conference Center Commission. (For full text of Resolution, see Resolution Book No. 61, page 207.) Mr. Harris moved the adoption of Resolution No. 34049-100798. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent). 52 ACTION: CLAIMS-BLUE CROSS/BLUE SHIELD: Mr. Harris moved that Council authorize the City to participate in the litigation brought against certain tobacco defendants by Trigon Blue Cross Blue Shield in the United States District Court for the Eastern District of New York; Trigon is directed to take any and all action it deems appropriate with respect to such litigation on behalf of the City, including but not limited to, the negotiation of any settlements and the granting of any and all releases necessary thereto; the City agrees to indemnify and hold harmless Trigon and its affiliates from any claims related to the City's Health Insurance Plan, such litigation, and any settlement or distribution of settlement; and that the City Attorney be authorized to take any action, including the assignment of claims to Trigon, which he deems necessary and appropriate to implement the action of Council. The motion was seconded by Mr. Swain and adopted. OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Mayor advised that there is a vacancy on the Special Events Committee created by the resignation of Sara McGhee, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of David Davis. There being no further nominations, Mr. Davis was appointed as a member of the Special Events Committee, for a term ending June 30, 1999, by the following vote: FOR MR. DAVIS: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 6. (Council Member Wyatt was absent). OATHS OF OFFICE-COMMITTEES-ARCHITECTURAL REVIEW BOARD: The Mayor advised that the terms of office of Kevin A. Deck and Robert B. Manetta as members of the Architectural Review Board will expire on October 1, 1998, and called for nominations to fill the vacancies Mr. White placed in nomination the names of Kevin A. Deck and Robert B. Manetta. There being no further nominations, Mr. Deck and Mr. Manetta were reappointed as members of the Architectural Review Board, for terms ending October 1, 2002, by the following vote: 53 ACTION: FOR MR. DECK AND MR. MANETTA: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................. 6. (Council Member Wyatt was absent). OATHS OF OFFICE-COMMITTEES-VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY: Pursuant to the Virginia Regional Industrial Facilities Act, Chapter 64, Title 15.2, Code of Virginia (1950), as amended, and pursuant to Ordinance No. 33961-081798 adopted on August 17, 1998, creating Virginia's First Regional Industrial Facility Authority, the Mayor advised that the City of Roanoke is entitled to appoint two representatives to the Authority; whereupon, he opened the floor for nominations. Mr. White placed in nomination the name of Phillip F. Sparks. There being no further nominations, Mr. Sparks was appointed as a City Representative to Virginia's First Regional Industrial Facility Authority, for a term ending September 24, 2002, by the following vote: ACTION: FOR MR. SPARKS: Council Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ..................................................... 6. (Council Member Wyatt was absent.) There being no further business, the Mayor declared the meeting adjourned at 6:55 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 54 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL October 19, 1998 12:15 p.m. The Council of the City of Roanoke met in regular session with the Salem City Council on Monday, October 19, 1998, at 12:15 p.m., the regular meeting hour, at The Jefferson Center, Fralin Atrium, 541 Luck Avenue, S. W., City of Roanoke, with Vice- Mayor C. Nelson Harris presiding, pursuant to Rule 1, Re_~ular Meetin~ls, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. ROANOKE CITY COUNCIL MEMBERS PRESENT: W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris and Mayor David A. Bowers (arrived at 12:50 p.m.) ............................................ 7. ROANOKE CITY COUNCIL MEMBERS ABSENT: None ............................... 0. SALEM CITY COUNCIL MEMBERS PRESENT: Alexander M. Brown, Howard C. Packett, John C. Givens, Harry T. Haskins, Jr., and Mayor Carl E. Tarpley, Jr.- .... 5. SALEM CITY COUNCIL MEMBERS ABSENT: None .................................... 0. OFFICERS PRESENT: Representing Roanoke City: 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; Representing the City of Salem: Randolph M. Smith, City Manager; Forest G. Jones, Assistant City Manager and Clerk of Council. OTHERS PRESENT: George C. Snead, Jr., Director, Roanoke City Public Safety; Kit B. Kiser, Director, Roanoke City Utilities and Operations; William F. Clark, Director, Roanoke City Public Works; Glenn D. Radcliffe, Director, Roanoke City Human Development; B. Clayton Goodman, Vinton Town Manager; John M. Chambliss, Assistant Roanoke County Administrator; Danny W. Hall, Chief, Salem Fire and Rescue; James Grigsby, Roanoke City Fire Chief; Billy W. Southall, Deputy Roanoke City Fire Chief of Operations; Crosby R. Grindell, Roanoke City Battalion Fire Chief; Tommy Fuqua, Roanoke County Battalion Chief; Amy C. Moore, Executive Director, Habitat for Humanity in the Roanoke Valley; Brian J. Wishneff, Acting Executive Director, Roanoke Higher Education Center; and Elizabeth T. Bowles, Former Member of Roanoke City Council. The meeting was opened with a prayer by Vice-Mayor Harris. Following lunch, the business session convened at 12:45 p.m. LEGISLATION-SCHOOLS: Mayor Tarpley referred to a recent meeting in Charlottesville, Virginia, in which 40 Commonwealth of Virginia cities were represented, at which time House Bill 599 was discussed and it was recommended that Virginia cities should stand together to let their legislators know that previous commitments of the General Assembly regarding funding of House Bill 599 have not been honored. He advised that educational needs are at the top of the list for funding, as well as infrastructure needs of all Roanoke Valley government. He expressed appreciation for the spirit of cooperation that exists between the City of Roanoke and the City of Salem. At 12:50 p.m., the Mayor entered the meeting. FIRE DEPARTMENT: W. Robert Herbert, Roanoke City Manager, advised that the Regional Fire/EMS Training Center is a topic that spans approximately 18 months when chief administrative officers held meetings with their respective fire chiefs to determine the feasibility of constructing one facility in the Roanoke Valley that would serve jurisdictional needs rather than constructing multiple facilities. He stated that a team of fire and finance staff prepared a business plan that will be presented at the November 2 Roanoke City Council meeting. He introduced the following members of the study committee: Danny W. Hall, Fire and Rescue Chief, City of Salem; B. Clayton Goodman, Vinton Town Manager; Tommy Fuqua, Battalion Chief, Roanoke County; John M. Chambliss, Assistant Roanoke County Administrator; James Grigsby, Roanoke City Fire Chief; Crosby R. Grindle, Roanoke City Battalion Chief; and Billy W. Southall, Roanoke City Deputy Chief of Operations. Chief Grigsby advised that approximately ten years ago the concept of a Regional Fire/EMS Training Center was discussed, and about two years ago training officers from area jurisdictions held meetings to discuss training and other critical needs of fire and emergency medical services departments. He stated that an architectural firm was engaged to conduct a needs analysis which pointed out the need for additional classroom space, office space, support space and auditorium space. He advised that the consultant proposed construction of a regional fire training center consisting of approximately 15,400 square feet, at a cost of $1.9 million. He noted that the four Roanoke Valley jurisdictions have greed, in principle, to construct a regional fire training center located on Roanoke County's existing fire training grounds at Kessler Mill Road in Roanoke County; the site currently has infrastructure improvements which include a fire burn building, railroad car simulations, drafting pit, water on site for hydrants, and mobile classroom space. He explained that each jurisdiction will individually finance its share of costs based on the following formula: Roanoke County: 44 per cent, Roanoke City: 44 per cent, City of Salem: 8 per cent, and Town of Vinton: 4 per cent. 2 From Roanoke City's perspective, Chief Grigsby advised that the Director of Finance has authorized the loan of funds to the Fire/EMS Department representing its share of construction costs out of current working capital which will be repaid with interest at $60,000.00 per year from Virginia Department of Fire Program funds, which amount represents approximately 50 per cent of the funds that Roanoke City receives from the Department of Fire Programs. He explained that this funding source is stable and is expected to increase over the next few years. He advised that once the Regional Fire Training Center is operational, it is hoped to share instructors, office space will be provided for training staff, and the facility will serve multi-functional purposes with three classrooms that can be converted into an auditorium that will accommodate approximately 140-150 personnel. HIGHER EDUCATION CENTER: Brian J. Wishneff, Acting Executive Director, Roanoke Higher Education Center, advised that a briefing was presented to Salem City Council on the Higher Education Center in November, 1997. He stated that the Roanoke Higher Education Authority was officially established on July 1, 1998, and funds have been received in the amount of $5,379,000.00 out of a $9 million capital request from the General Assembly and $62,500.00 of operating expenses have been approved for the Authority. He advised that an architect for the facility has been engaged and during the winter season it is anticipated that certain work will occur such as asbestos removal, exterior demolition, and any other work that can be done leading up to the time that a request for proposals is advertised for general renovation. He stated that the goal is for the facility to be open and operational by the year September 2000. He explained that three requests will be submitted to the General Assembly by the Higher Education Authority: (1) the remainder of the $9 million funding request, (2) an increase in operating funds in order to hire a permanent director no later that June, 1999, and (3) assistance in connection with certain lease costs increased by Virginia Western Community College, one of the major tenants. He called attention to receipt of 15 letters of intent to lease space by 13 colleges and universities and two training entities. He advised that the role of the Higher Education Authority will be to manage the facility and to schedule the leasing of space; and the Higher Education Center is an important project for the Roanoke Valley region because the number one criteria for site location by potential industry is the availability of a trained workforce. SEWERS AND STORM DRAINS: Mr. Kiser advised that the City of Roanoke has been partners with the City of Salem since 1952 in sewage treatment; in 1972 the City of Salem became a partner with Roanoke City, Roanoke County, and Botetourt County; and in 1994 an agreement was entered into to expand the Sewage Treatment Plant to a 62 million gallon per day facility and to double interceptor capacity lines which is a $63 million project. He called attention to a public hearing to receive input regarding the amendment of water quality standards which sets the stage for obtaining a permit to discharge additional volumes of waste water; a reapplication 3 discharge permit was submitted for a new permit in 1999, which has the support of the State Department of Health and correspondence has been forwarded to the State Department of Environmental Quality. He explained that Sewage Treatment Plant expansion is approximately 64 per cent complete, the Tinker Creek Interceptor line has been completed, the Roanoke River Interceptor line is approximately 30 per cent complete, and all projects are estimated to be completed in December 1999. HABITAT FOR HUMANITY-HOUSING/AUTHORITY: The Mayor advised that Habitat for Humanity in the Roanoke Valley is a strong organization which provides a needed service for persons of Iow income, and Habitat has operated for more than ten years, exclusively, in the City of Roanoke. He requested that the City of Salem join with Roanoke City in the efforts of Habitat for Humanity. Amy C. Moore, Executive Director, Habitat for Humanity in the Roanoke Valley, advised that Habitat has been in operation since 1986, having constructed 82 homes, all of which are located in the City of Roanoke. She expressed appreciation for the support of the City of Roanoke and the City of Salem through past contributions. Mayor Tarpley advised that land is not available in Salem for construction of Habitat houses, therefor, the City of Salem has tried to do its part by contributing monetarily to the organization. There being no further business, at 1:30 p.m., Vice-Mayor Harris declared the meeting of the Roanoke City Council in recess until 2:00 p.m., in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia. At 2:00 p.m., on Monday, October 19, 1998, 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. 4 The reconvened meeting was opened with a prayer by Bishop Milton Lewis Hardy, Sr., Pastor, Prayer Temple Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. 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 a request for an Executive Session to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. ACTION: COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. TAXES-LEGISLATION-NEIGHBORHOOD ORGANIZATIONS: The City Manager submitted a written report recommending that a public hearing be scheduled for Monday, November 16, 1998, at 7:00 p.m., to consider the request of the Melrose/Rugby Neighborhood Forum to 5 ACTION: ACTION: obtain tax-exempt status from the General Assembly of Virginia on certain real property located in the City of Roanoke at 1730 Orange Avenue, N. W. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the recommendation of the City Manager. 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. TAXES-LEGISLATION-HOUSING/AUTHORITY: The City Manager submitted a written report recommending that a public hearing be scheduled for Monday, November 16, 1998, at 7:00 p.m., to consider the request of Blue Ridge Housing Development Corporation to obtain tax- exempt status from the General Assembly of Virginia on certain real property located in the City of Roanoke at 510 11th Street, N. W. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the recommendation of the City Manager. 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. ROANOKE ARTS COMMISSION-YOUTH-SCHOOLS-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: D. Bailey Tyler as a member of the Roanoke Arts Commission for a term ending June 30, 2000; Dawn W. Spaulding as a member of the Youth Services Citizen Board for a term ending May 31, 2000; and 6 ACTION: Harriet Lewis as a member of the Virginia Western Community College Board of Directors for a term ending June 30, 2002. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the reports of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: COMMITTEES-DISABLED PERSONS: Christine A. Montgomery, President, Mayor's Committee for People With Disabilities, presented the 1998 Annual Report of the Committee. She advised that the organization is composed of a group of citizens and business leaders with and without disabilities from Roanoke City, Roanoke County and the City of Salem who advocate for the rights of persons with disabilities, with valley wide participation from businesses and citizens, and the Committee is working toward valley wide participation by local governments. She explained that general membership meetings are open to the public for any person with an interest in disability issues, meetings are held quarterly in the months of March, June, September and December and Steering Committee meetings are held in January, April, July and October. She stated that some persons have the misconception that the Americans With Disabilities Act solved all of the problems of persons with physical disabilities and that disability services boards should replace the Mayor's Committees; however, until all meetings of all organizations, committees and other groups responsible for the rules and regulations that govern the lives of persons with disabilities are open to the public, there is no group that can replace the Mayor's Committees for People with Disabilities. Ms. Montgomery referred to a report (copy of which was not provided to the City Clerk) from E. Duane Howard, Chair, Special Projects Subcommittee, in connection with the following concerns: 7 seating arrangements in public facilities, park benches, shopping center elevators, accessibility to public swimming pools, mailbox accessibility, stadium style seating at theaters, the comprehensive master plan for parks and recreation, and fair housing and transportation issues. The Mayor requested a briefing on the concerns of persons with disabilities in regard to Roanoke Civic Center compliance with the Americans With Disabilities Act. He further requested that the concerns of persons with disabilities be considered in connection with renovations at the Jefferson Center, and the proposed ice rink and movie theater complex in downtown Roanoke. Council Member Wyatt suggested that those persons who establish new businesses in the City's Enterprise Zones be made aware, through appropriate education; of required actions to make their businesses accessible to persons with disabilities. Per the request of President Montgomery, the Mayor requested that meeting notices of the Mayor's Committee for People with Disabilities be included on the City Page of The Roanoke Times and RVTV-Channel 3. Without objection by Council, the Mayor advised that the report of the Mayor's Committee for People with Disabilities would be received and filed. MCCLANAHAN GRAVE SITE-COMMONWEALTH OF VIRGINIA BUILDING: The Honorable Jack B. Coulter, Retired Judge, Twenty- Third Judicial Circuit, appeared before Council on behalf of the History Museum of Western Virginia, and expressed appreciation for the City's assistance in establishing the Photo Portrait Gallery of Roanoke's State Governmental Leaders in the Commonwealth Building. Mr. Coulter referred to a report of the Water Resources Committee which was submitted to Council in 1997 that provides the McClanahan Ad Hoc Committee with an open ended invitation to return to Council if it was felt that there is an opportunity for the City to help facilitate a more permanent solution for the maintenance of the McClanahan gravesite. He explained that the .25 acre cemetery is located on a knoll that is inaccessible and one of the major objections when the McClanahan Ad Hoc Committee initially appeared before Council was that the City did not own the property, therefor, question 8 was raised regarding the City's involvement. He stated that this obstacle can be overcome with two deeds, one from the Horton heirs deeding the .25 acre knoll to the City of Roanoke and the second from BASHKA, L. L. C., deeding the 50' strip of land leading from the top of the knoll to the City. He advised that the Horton heirs, who have questioned whether they actually own the land, will nevertheless deed the land to the City, however, this act cannot be consummated unless the City accepts the deeds; therefor, he urged that the City accept the deeds bearing in mind that the cemetery is totally inaccessible unless there is some attractive access. Mr. Coulter explained that the second matter of concern to the City is that favorable action on the request could set a precedent in favoring one private cemetery over another therefor, the McClanahan Ad Hoc Committee has expanded the project to provide for an historical mini-park by which the cemetery would be featured along with a monument to the 2,643 slaves who were a part of the 1860 census and constituted approximately 31 per cent of Roanoke's population. He explained that there is no monument to slaves anywhere in the Roanoke Valley, therefor, such action would honor the slaves and their role in society before the Civil War. He referred to a suggested inscription for the monument as contained in written documents presented to Council; and a petition signed by residents, tenants and others urging Council to consider the proposal and to accept the deeds that have been offered to the City. He explained that in the process of obtaining signatures on the petition, a person other than the owner of The Roanoke Tribune signed the petition and Ms. Claudia A. Whitworth, owner of The Roanoke Tribune, has requested that the name of The Roanoke Tribune be stricken from the petition. Ms. Claudia A. Whitworth, representing The Roanoke Tribune, 2318 Melrose Avenue, N. W., advised that she had requested that the name of The Roanoke Tribune be deleted from the petition because the employee who signed the document was under the impression that he was signing his personal signature in support of a mini park in commemoration of slaves, when, in fact, the names of the businesses were added to the petition at a later time. She stated that persons who signed the petition were not aware of the significance of the cemetery or the park. She advised that to circulate a petition throughout the community under the guise that the project will serve as a memorial to slaves in order to construct a mini park is unacceptable. She stated that she did not appear in opposition to or in support of the project, but to make Council aware of the deceptive tactics that were used in presenting the petition to those persons who signed the document. 9 Mr. Coulter advised that the petition was circulated by a member of the McClanahan Ad Hoc Committee, and no deceit was intended, however, if the petition does not appeal to the African-American community, he would request its withdrawal. (The abovedescribed deeds were returned to Mr. Coulter per his request.) Martin D. Jeffrey, President, Roanoke Chapter, N.A.A.C.P., advised that it has come to his attention that segregation may be taking place in at least two Roanoke City schools. He suggested that all citizens take stock of what is going on in the City of Roanoke, and hold each other accountable. He stated that people are becoming far too insensitive to each other and far too polarized and there are individuals who are benefitting from this attitude. He requested that the City develop a more constructive way of dealing with progress, economic development, and education, etc. The Mayor requested that the Superintendent of Schools meet with Mr. Jeffrey to discuss his concerns. Mr. White moved that the remarks of Mr. Coulter and Ms. Whitworth be received and filed. The motion was seconded by Mr. Swain and unanimously adopted. SCHOOLS: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools, presented a briefing on the Southern Regional Education Board. He advised that in March 1995, Roanoke City Public Schools was selected as one of four school districts to participate in the Southern Regional Education Board Leadership Academy. He further advised that the Southern Regional Education Board involves 15 states, the organization is over 45 years old, and the City's involvement in this Leadership Academy, along with three other school districts from Alabama, Texas and Mississippi, marks the four school districts as a part of Class 3. Dr. Harris presented a 14 minute video that summarizes Roanoke City Public Schools' involvement in the organization. Following the video, it was advised that the goals of the Program provide for district initiatives, as follows: (1) Establish programs for three-year olds in Title I schools where programs for four-year olds currently exist and establish a minimum of three programs for at-risk four-year olds in non-Title I schools. 10 (2) Improve the academic progress of students in all quartiles. (3) Narrow the differential between Caucasian and African- American students on standardized tests administered at grades 4, 8 and 11. (4) Reduce the dropout rate in grades 9 - 12 by 50 per cent. Dr. Harris advised that Goal No. 1 has been met and a report was presented to Council at the joint meeting of Roanoke City Council and the Roanoke City School Board in August 1998. In regard to Goal No. 2, he stated that some improvement was made in moving students at the bottom quartile into the next highest quartile, but more work needs to be done, and the goal is to move more students into at least the 50th percentile which is the third quartile and higher. He stated that Roanoke City Schools will continue to work to raise the achievement levels of African-American students, while encouraging Caucasian students to achieve as well. In regard to the fourth goal of reducing the drop-out rate, he indicated that there will be a 25 per cent gain, although it was hoped to achieve a 50 per cent reduction in the drop- out rate. Dr. Harris explained that Roanoke City Schools' involvement in ten seminars over the past four years has been totally funded out of a $75,000.00 grant provided by Nations Bank. (See supporting documentation on file in the City Clerk's Office.) Following comments, the Mayor advised that without objection by Council, the remarks of Dr. Harris would be received and filed. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. $88,497.00 from the 1998-99 Capital Maintenance and Equipment Replacement Fund for district-wide facility maintenance, school administrative technology, facility improvements to Huff Lane, Round Hill, Ruffner, and Woodrow Wilson, and handicap access. 11 $58,163.00 for the Title I Winter Program to provide remedial reading, language arts, and mathematics instruction for targeted schools. This continuing program is one hundred per cent reimbursed by Federal funds. $97,948.00 for the Title I Local Delinquent Children Program to provide transition services to youth exiting the Juvenile Detention Center and youth entering Youth Haven. The services will include drop-out prevention services, coordination and referral for substance abuse, adolescent health and mental health services, as well as placement services in appropriate and unique educational programs designed for youth at risk of school failure. This continuing program is one hundred per cent reimbursed by Federal funds. $2,000.00 for the 1998-99 Title VI Professional Development Program to provide funds for innovative education program strategies to be developed at eight Title I schools. This is a new program and will be reimbursed one hundred per cent by Federal funds. $958,050.00 for the 1998-99 Magnet School Program to provide for the operation of the Round Hill Montessori School. This continuing program is one hundred per cent reimbursed by Federal funds. $5,355.00 for the 1998-99 Flow Through Program to provide aid for the education and guidance of handicapped students. This continuing program is one hundred per cent reimbursed by Federal funds. $3,362.00 for the 1998-99 Child Development Clinic Program to provide funds for the salary and expenses of the educational coordinator at the clinic. This continuing program is one hundred per cent reimbursed by state funds. $1,673.00 for the 1998-99 Child Specialty Services Program to provide funds for the salary and expenses of the educational coordinator. This continuing program is one hundred per cent reimbursed by state funds. 12 $21,530.00 for the 1998-99 Workplace Education Program to provide instructional programs developed with area business establishments for employees at the work sites. Programs include the development of knowledge and skills in areas including preparation for the GED examination, reading comprehension, telephone usage, other work skills and English as a second language. This is a new program and funding will be provided through assessment of fees. $34,216.00 for the School-To-Work Transition Program to provide training and transitional services for students at Noel C. Taylor Learning Academy to assist with entering the workforce. This is a new program and will be one hundred per cent reimbursed by Federal funds. $73,900.00 for the Grants Management Program to provide funding for the personnel and operation expenses of the Director of Grants. This continuing program is one hundred per cent reimbursed by Federal funds. $61,352.00 for the State Truancy Project to provide support for the Roanoke City attendance effort. This is a continuing program and is one hundred per cent reimbursed by state funds. $65,669.00 for the Juvenile Detention Home Program to provide funds for the salary and expenses of the two educational coordinators. This continuing program is one hundred per cent reimbursed by state funds. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34050-101998) AN ORDINANCE to amend and reordain certain sections of the 1998-99 School Fund Appropriations, and providing for an emergency. 13 ACTION: (For full text of Ordinance, see Ordinance Book No. 61, page 216.) Mr. Trout moved the adoption of Ordinance No. 34050-101998. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................. 7. NAYS: None ........................................................................ 0. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-PUBLIC WORKS: The City Manager submitted a written report advising that the Virginia Department of Environmental Quality (DEQ) notified the City of Roanoke in late July 1997 of a report of possible unauthorized disposal of waste materials at the City's Public Works Service Center property on Courtland Road, N. W.; and subsequent investigations determined some buried drums of paint-like and tar-like products and solvents, and also quantities of inorganic material (broken pipe, guardrails, crushed and empty barrels, etc.). It was further advised that the excavated materials have been removed from the site and sent to the proper disposal locations; the City continues to work with DEQ and the Federal Environmental Protection Agency (EPA) to complete investigations and to develop a mutually acceptable plan for addressing all issues which have arisen during the course of the matter; it is expected to be a number of months before the matter is brought to a close; approximately $450,000.00 has been expended through August 1998 for environmental studies, legal services, disposal fees, consultant and expert fees and related expenses; and funds are needed to pay the costs estimated to be incurred during the upcoming fiscal year. 14 ACTION: The City Manager recommended that Council appropriate $350,000.00 to Capital Projects Fund Account No. 008-052-9670-9003, Environmental Issues - Public Works Service Center, for environmental studies, legal services, disposal fees, consultant and expert fees and related expenses. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34051-101998) AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and Capital Projects Funds Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 221.) Mr. Trout moved the adoption of Ordinance No. 34051-101998. 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. SEWERS AND STORM DRAINS-BUDGET-WATER RESOURCES: The City Manager submitted a written report advising that the contractor for upgrade and expansion of the Water Pollution Control Plant is Danis Environmental Industries, Inc., of Dayton, Ohio, for a contract amount of $16,690,000.00 and 730 consecutive calendar days for completion of the project; the project consists of upgrade and expansion of the Water Pollution Control Plant to 62,000,000 gallons treatment capacity per day; Change Order No. I was approved by Council on July 6, 1998, for an additional $100,513.00 and Change Order No. 2 was approved on August 17, 1998, for an additional $65,782.00 and seven additional calendar days for completion of the work; and total contract amount is currently $16,856,295.00 with 737 consecutive calendar days construction time, and a projected completion date of November 5, 1999. 15 ACTION: It was further advised that additional items have been identified as part of the required work on the project and need to be approved for payment; total amount of Change Order No. 3 is $52,317.00; and Malcolm Pirnie, Inc., and Mattern & Craig, Inc., have reviewed the changes and have recommended approval of payment by the City. The City Manager recommended that he be authorized to issue Change Order No. 3 to the contract with Danis Environmental Industries, Inc., in the amount of $52,317.00 and no change in contract completion time for a total contract amount of $16,908,612.00 and a completion date of November 5, 1999; and the proportional share to each jurisdiction is as follows: City of Roanoke (37.3%) County of Roanoke (29.2%) City of Salem (20.9%) Botetourt County (7.0%) Town of Vinton (5.6%) Total of Change Order No. 3 $19,514.24 15,276.57 10,934.25 3,662.19 2.929.75 $52,317.00 (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency ordinance: (#34052-101998) AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 3 to the City's contract with Danis Environmental Industries, Inc., for the upgrade and expansion of the Water Pollution Control Plant; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 222.) Mr. Swain moved the adoption of Ordinance No. 34052-101998. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-CAPITAL IMPROVEMENTS PROGRAM-TREES- EQUIPMENT: The City Manager submitted a written report advising that the current year Capital Maintenance and Equipment Replacement 16 Program, which has identified various operational and project needs for numerous City departments, was presented to Council on Wednesday, October 7, 1998; and it is necessary for Council to appropriate funds from the Capital Maintenance and Equipment Replacement Program to provide for acquisition of the following items. Traffic Engineering Projects - funds will address mini Traffic Engineering projects such as replacement and/or relocation of traffic signals, controllers, detectors and conduits as well as the completion of miscellaneous traffic studies - $20,000.00. Minor Neighborhood Storm Drain Program funds supplement the 1997 bond referendum which authorized $225,000.00 for minor drainage projects - $50,000.00 Bridge renovations - funds will be used to supplement operating funds currently slated for "minor" bridge renovations, such as repair of expansion joints or replacement of concrete decks that have been changed by salt or other chemicals associated with snow removal - $40,000.00. Phase III - Map Automation - Water & Sewage Maps - funds will pay for the development of digital water and sewer maps, which will include all street addresses, as well as water and sewer facilities - $40,000.00. Miscellaneous Snow Equipment Parts - required replacement parts are needed to repair, maintain and upgrade existing snow and ice equipment to ensure readiness for the upcoming snow season - $20,000.00. 2 - 40 gallon "Saddle Bag" Pre-Wetting Systems - Pre- wetting systems, which mount on salt spreaders, add liquid chemicals to the salt to make it activate in the more severe temperatures. Currently, an additional system is needed in the Central Business District and one is needed for trouble spots that have been identified in other areas of the City - $4,000.00. 1;' 7 - 140 gallon "Saddle Bag" Pre-Wetting Systems - this request is to purchase these systems which will provide the City with one large pre-wetting system for each of the 15 zones in the City - $16,100.00. 2 - Snow Plow Rigs and Controls - snow plow rigs and controls are needed for two 4 x 4 pick-up trucks to assist with snow removal. The plow will be hydraulically controlled from the cab - $7,000.00. 2 - Salt Spreaders and Controls for Dump Trucks - spreaders and their controls are needed to replace old existing equipment that can no longer be repaired - $12,000.00. Additional containers for Automated Program this request is to fund the purchase of 270 additional 95 gallon containers and 110 - 32 gallon containers to be used in the Solid Waste Management Automation Program - $15,000.00. Supplies for Sheriff's Department Inmate Crews - funds are needed to purchase items such as paint, plastic bags, drop cloths, paint brushes and paint thinner for the Sheriff's Department's inmate crews who assist with building maintenance during fiscal year 1997-98 - $10,000.00. Pay and Benefits Study - funding is needed to contract with an outside vendor for an independent evaluation and report - $55,000.00. Equipment for Woodrow Wilson School Fitness Center - funding will provide for physical fitness equipment needed for the Woodrow Wilson Middle School - $35,000.00. 4 - Modular Work Secretarial Workstations - the requested workstations are needed for Circuit Court Judges' secretaries and others who are often required to conduct business in the offices of the judicial secretaries - $11,000.00. 18 Reforestation Program - Phase V - funds will enable Parks and Grounds to plant approximately 150 trees - $20,000.00. Total - $355.100.00 The City Manager recommended that Council appropriate $355,100.00 to the following accounts: $20,000.00 to Traffic Engineering, Account No. 008-052- 9560-9003 $50,000.00 to Engineering, Account No. 008-052-9595-9003 $40,000.00 to Engineering, Account No. 001-052-4310-2002 $40,000.00 to Engineering, Account No. 008-052-9549-9003 $59,100.00 to Snow Removal, Account No. 001-052-4140- 9015 $15,000.00 to Solid Waste Management, Account No. 001- 052-4210-2035 $10,000.00 to Building Maintenance, Account No. 001-052- 4330-3050 $55,000.00 to Personnel Management, Account No. 001- 002-1261-2010 $35,000.00 to Recreation, Account No. 001-052-7110-2066 $11,000.00 to Circuit Court, Account No. 001-072-2110- 9015 $20,000.00 to Parks and Grounds, Account No. 001-052- 4340-3004 (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: 19 ACTION: (#34053-101998) AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 223.) Mr. Harris moved the adoption of Ordinance No. 34053-101998. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. Ms. Regina R. Vassar, 1117 Floyd Avenue, S. W., expressed concern with regard to the City's policy for replacing trees on City property; whereupon, the matter was referred to the Director of Public Works for appropriate response. BUDGET-GRANTS-FDETC: The City Manager submitted a written report advising that the Fifth District Employment and Training Consortium (FDETC) administers the Federally funded Job Training Partnership Act (JTPA) for the Fifth Planning District; the FDETC serves eligible residents in the Counties of Alleghany, Botetourt, Craig and Roanoke, as well as the Cities of Clifton Forge, Covington, Roanoke and Salem; FDETC serves two primary client populations including dislocated workers and the economically disadvantaged; the City of Roanoke is the grant recipient for FDETC funding; and Council must appropriate funding for all grants and other monies received by the FDETC. It was further advised that the State Department of Social Services has notified the Consortium of approval of a grant in the amount of $508,010.62 to operate a Welfare-to-Work Program for fiscal year 1999; funds will be used to help move hard-to-employ welfare recipients to lasting unsubsidized jobs and to achieve self-sufficiency by providing career counseling, job readiness and retention classes, case management, occupational skills training and on-the-job training; and the Governor's Employment and Training Department has notified the Consortium of an allocation of $10,000.00 for planning an electronically-linked regional workforce development network. 20 It was explained that jurisdictions in the Fifth Planning District, were requested by the FDETC to contribute funds to offset the agency's administrative costs; and to date, allocations totaling $11,128.15 have been confirmed from the participating jurisdictions (Botetourt County $1,715.00; Roanoke County $3,500.00; City of Salem $5,663.15; Craig County $250.00). The City Manager recommended that Council appropriate total funding of $529,139.00 and increase the revenue estimate by $529,139.00, in accounts to be established in the Consortium Fund by the Director of Finance. ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34054-101998) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 225.) Mr. Harris moved the adoption of Ordinance No. 34054-101998. 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. CITY ATTORNEY: BUDGET-CITY EMPLOYEES-PENSIONS: The City Attorney submitted a written report advising that in connection with a referral to his office at the October 7, 1998 Council meeting, he was transmitting an ordinance which amends the Employees' Supplemental Retirement System so that employees retiring on or after January 1, 1999, will have their retirement allowance calculated utilizing a multiplier of 2.1 per cent of average final compensation; as to employees who are eligible for a vested allowance, he transmitted an ordinance which provides that employees leaving the employ of the City prior to January 1, 1999, will have their vested allowance calculated utilizing a multiplier of 2.0 21 per cent, while employees leaving the employ of the City on or after January 1, 1999, will have their vested allowance calculated utilizing a multiplier of 2.1 percent. The City Attorney transmitted an additional ordinance providing for a new window of opportunity for City employees to transfer from the Employees' Retirement System to the Employees' Supplemental Retirement System. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Hudson moved that the following ordinance be placed upon its first reading: (#34055) AN ORDINANCE amending and reordaining subsection (c) of §22.1-44, Normal service retirement, and subsection (b) of §22.1- 45, Early service retirement allowance, and §22.1-46, Vested allowance, by the addition of a new subsection (c), Code of the City of Roanoke (1979), as amended; the amended and added subsections providing for utilization of a multiplier of two and one-tenth (2.1) percent for each year of creditable service subject to a maximum of sixty-three (63) percent of average final compensation and establishing special rules for determination of the multiplier for persons eligible for early service retirement allowance; and providing for an effective date of January 1, 1999. (For full text of Ordinance, see Ordinance Book No. 61, page 228.) The motion was seconded by Mr. Trout. Ms. Regina R. Vassar, 1117 Floyd Avenue, N. W., appeared before Council in opposition to the increase in the pension multiplier for City employees and inquired as to what Council plans to do for the taxpayers of Roanoke now that lucrative pension benefits have been approved. She expressed concern that as a taxpayer of Roanoke, she will be paying for this pension increase for City employees for the rest of her life. She expressed further concern that there was insufficient long range study by Council prior to approving the increased benefit. Mr. White urged that Council delay action on the increase in the pension multiplier until the pay and benefits study is completed by the consultant. He advised that the Director of Finance and the Board of Trustees, Employees' Retirement System, have recommended against 22 the increase in benefits because the City's benefits are equal to or superior to most jurisdictions within the Commonwealth of Virginia and the City of Roanoke is a leader in providing pension benefits. He stated that any excess funds should be used for needed improvements in the City and the School System. Mr. Swain advised that he could not support the increase in the pension multiplier. He stated that citizens of Roanoke are of the opinion that Council Members are elected to be stewards of taxpayers' funds and to insure that those funds are used to address capital needs of the City. He spoke in support of tabling the vote on the increase in the pension multiplier pending receipt of the pay and benefits study by the consultant. A report of the Director of Finance advising that Council, on Wednesday, October 7, 1998, tentatively approved the followin.g, enhancement to the City of Roanoke Pension Plan for the Employees Supplemental Retirement System (ESRS), was before Council. Calculate the amount of benefit using a multiplier of 2.1 per cent for each year of creditable service with a maximum pension allowance of 63 percent of average final compensation. The effective date is January 1, 1999. Mr. Grisso further advised that there are approximately 200 active members in the Employee's Retirement System (ERS) and a "window of opportunity" from December 1 through December 31, 1998, is recommended for those employees to voluntarily transfer to the ESRS. (For full text, see report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the report would be received and filed. Ordinance No. 34055 was adopted on its first reading by the following vote: AYES: Council Members Hudson, Trout, Wyatt, Harris and Mayor Bowers ............................................................................. 5. NAYS: Council Members Swain and White ............................. 2. 23 ACTION: Mr. Hudson moved that the following ordinance be placed upon its first reading: (#34056) AN ORDINANCE amending and reordaining §22.1-3, Membershi_~ _~enerally, of Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, by the addition of a new subsection (c3) providing for a new window of opportunity during which members of the Employees' Retirement System may transfer to the Employees' Supplemental Retirement System. (For full text of Ordinance, see Ordinance Book No. 61, page 230.) The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: Council Member White .............................................. 1. REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SEWERS AND STORM DRAINS-EASEMENTS-WATER RESOURCES: Ordinance No. 34037, granting a license to J. B. Goria to permit the encroachment of a 5,000 square foot commercial building over an existing sewer line and easement located on property known as 4803 Williamson Road, N. W., and bearing Official Tax No. 2170128, having previously been before the Council for its first reading on Wednesday, October 7, 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: (#34037-101998) AN ORDINANCE granting a license to permit an encroachment of a 5,000 sq. ft. commercial building over an existing sewer line and easement located on the property commonly known as 4803 Williamson Road, N. W., and bearing Official Tax No. 2170128, upon certain terms and conditions. 24 ACTION: (For full text of Ordinance, see Ordinance Book No. 61, page 208.) Mr. Trout moved the adoption of Ordinance No. 34037-101998. The motion was seconded by Mr. Harris and adopted by the following vote: ACTION: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. SEWERS AND STORM DRAINS-EASEMENTS-WATER RESOURCES: Ordinance No. 34038, granting a license to Edwin C. Hall to permit the encroachment of a two-story residential building over existing sewer lines and easements located on property known as 218 Twenty-third Street, S. W., and bearing Official Tax No. 1051501, having previously been before the Council for its first reading on Wednesday, October 7, 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: (#34038-101998) AN ORDINANCE granting a license to permit an encroachment of a two-story residential building over existing sewer lines and easements located on the property commonly known as 218 Twenty-third Street, S. W., and bearing Official Tax No. 1051501, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 61, page 210.) Mr. Trout moved the adoption of Ordinance No. 34038-101998. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. TRAFFIC-PARKS AND RECREATION-STATE HIGHWAYS-WATER RESOURCES: Ordinance No. 34039, releasing a portion of Strauss Park from its dedication to public park and recreational use; dedicating some of the same property as public right-of-way in connection with the Peters Creek Road Extension Project, subject to the former 25 ACTION: property owner concurring in the releasing of the property from the restriction that it be used as a public park and public recreation area, having previously been before the Council for its first reading on Wednesday, October 7, 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: (#34039-101998) AN ORDINANCE releasing a portion of Strauss Park from its dedication to public park and recreational use; dedicating some of that same property as public right-of-way in connection with the Peters Creek Road Extension Project; subject to the former property owner concurring in the releasing of the property from the restriction that it be used as a public park and public recreation area. (For full text of Ordinance, see Ordinance Book No. 61, page 212.) Mr. Trout moved the adoption of Ordinance No. 34039-101998. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. CITY NURSING HOME-WATER RESOURCES: Ordinance No. 34041, declaring the City Nursing Home structure at Coyner Springs surplus property and authorizing its demolition, having previously been before the Council for its first reading on Wednesday, October 7, 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: (#34041-101998) AN ORDINANCE declaring the City Nursing Home structure at Coyner Springs surplus property and authorizing its demolition. ACTION: (For full text of Ordinance, see Ordinance Book No. 61, page 213.) Mr. Trout moved the adoption of Ordinance No. 34041-101998. The motion was seconded by Mr. Harris and adopted by the following vote: 26 ACTION: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................. 7. NAYS: None ....................................................................... 0. CITY CODE-SEWERS AND STORM DRAINS-WATER RESOURCES: Ordinance No. 34044, amending the Rules and Regulations for the Provision of Water Service dated October 22, 1984, to provide a payment due date for water and sewer bills not less than 20 days after the billing date and a penalty of 10% with a $2.00 minimum for delinquent water and sewer bills, effective on and after January 4, 1999, having previously been before the Council for its first reading on Wednesday, October 7, 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: (#34044-101998) AN ORDINANCE amending the Rules and Regulations for the Provision of Water Service dated October 22, 1984, to provide a payment due date for water and sewer bills not less than twenty days after the billing date and a penalty of ten percent (10%) with a two dollar ($2.00) minimum for delinquent water and sewer bills, and providing for an effective date thereof. (For full text of Ordinance, see Ordinance Book No. 61, page 214.) Mr. Trout moved the adoption of Ordinance No. 34044-101998. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. CITY CODE-SEWERS AND STORM DRAINS-WATER RESOURCES: Ordinance No. 34045, amending Section 2.178.1, Interest rates on overdue account, of Article VIII, Finance Generally, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, by excluding water and sewer accounts from having an interest charge imposed and by changing the reference from Section 15.1 to Section 15.2 of the Code of Virginia, effective on and after 27 ACTION: January 4, 1999, having previously been before the Council for its first reading on Wednesday, October 7, 1998, read and adopted on its first reading and laid over, was again before the body, Mr. Hudson offering the following for its second reading and final adoption: (#34045-101998) AN ORDINANCE amending §2-178.1, Interest rates on overdue ac;ounts., of Article VIII. Finance Generally, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, by excluding water and sewer accounts from having an interest charge imposed and by changing the reference from §15.1 to §15.2 of the Code of Virginia, and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 61, page 215.) Mr. Hudson moved the adoption of Ordinance No. 34045-101998. The motion was seconded by Mr. Trout 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: CITY MANAGER-COUNCIL: Council Member Wyatt referred to photographs that were placed on the Council dais prior to the meeting with regard to certain alleged violations of City ordinances. She requested that the City Manager investigate the concerns and report to Council accordingly. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 4:00 p.m., the Mayor declared the meeting in recess. At 4:15 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. 28 ACTION: ACTION: 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. OATHS OF OFFICE-COMMITTEES-TRANSPORTATION SAFETY: The Mayor advised that there is a vacancy on the City of Roanoke Transportation Safety Commission created by the resignation of Chauncey Logan, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of David M. Prince. There being no further nominations, Mr. Prince was appointed as a member of the City of Roanoke Transportation Safety Commission, for a term ending October 31, 2000, by the following vote: FOR MR. PRINCE: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .......................................... 7. OATHS OF OFFICE-COMMITTEES-TRANSPORTATION SAFETY: The Mayor advised that the terms of office of Ramey A. Bower, Sr., John W. Brown, Jr., Robert K. Bengtson and Carroll E. Swain as members of the City of Roanoke Transportation Safety Commission will expire on October 31, 1998, and called for nominations to fill the vacancies. Mr. Trout placed in nomination the names of Ramey A. Bower, Sr., John W. Brown, Jr., Robert K. Bengtson and Carroll E. Swain. There being no further nominations, Mr. Bower, Mr. Brown, Mr. Bengtson and Mr. Swain were reappointed as members of the City of Roanoke Transportation Safety Commission, for terms ending October 31, 2002, by the following vote: 29 ACTION: FOR MR. BOWER, MR. BROWN, MR. BENGTSON AND MR. SWAIN: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. OATHS OF OFFICE-COMMITTEES-INDUSTRIES: The Mayor advised that the term of office of Dennis R. Cronk as a Director of the Industrial Development Authority will expire on October 20, 1998, and called for nominations to fill the vacancy. Mr. Trout placed in nomination the name of Dennis R. Cronk. There being no further nominations, Mr. Cronk was reappointed as a Director of the Industrial Development Authority, for a term ending October 20, 2002, by the following vote: ACTION: FOR MR. CRONK: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .................................................... 7. At 4:18 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Monday, October 19, 1998, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris and Mayor David A. Bowers ................................................. 7. ABSENT: None ................................................................... 0. OFFICERS PRESENT: 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. 30 PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 19, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke Redevelopment and Housing Authority, that a tract of land located on the east side of Kimball Avenue, N. E., bearing Official Tax No. 3010101, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, October 1, 1998, and Thursday, October 8, 1998, and in The Roanoke Tribune on Thursday, October 8, 1998. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the Roanoke Redevelopment and Housing Authority owns and has attempted to sell the property under its present HM, Heavy Manufacturing zoning classification for over 25 years without success; however, the Housing Authority has recently reached a tentative agreement of sale with an adjacent landowner, Shively Electric Company, which currently owns the parcel of land Official Tax No. (3010201) that lies adjacent to the southerly boundary of the undeveloped section of McDowell Avenue, N. W.; property currently owned by Shively Electric Company was rezoned from HM to LM in 1991; and the previous owner, L & M Properties, stated at that time that it had been unable to find a tenant who wanted to use the property under its HM, Heavy Manufacturing District classification, was before Council. The City Planning Commission recommended that Council approve the request to rezone the above described property from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. (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. 31 ACTION: Mr. Trout moved that the following ordinance be placed upon its first reading: (#34057) 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 231.) The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 34057 was adopted, on its first reading, by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. HOUSING/AUTHORITY-STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 19, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke Redevelopment and Housing Authority that a portion of McDowell Avenue, N. E., as the same lies and extends from Kimball Avenue between Official Tax Nos. 3030101 and 3030201, to a dead end at the Norfolk and Western Railway right-of-way, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Time~ on Thursday, October 1, 1998, and Thursday, October 8, 1998, and in The Roanoke Tribune on Thursday, October 8, 1998. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the Roanoke Redevelopment and Housing Authority has recently reached a tentative agreement to sell Official Tax No. 3010101 in the Kimball Redevelopment Project Area to Shively Electric Company; Shively 32 ACTION: Electric Company, a contracting, repair and retail firm, is currently located in Rocky Mount, Virginia, and currently owns the parcel of land abutting the southerly side of the subject section of McDowell Avenue, N. E., was before Council. The City Planning Commission recommended that Council approve the request to close and permanently vacate the abovedescribed section of McDowell Avenue, 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. Mr. Trout moved that the following ordinance be placed upon its first reading: (#34058) 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 232.) The motion was seconded by Mr. Harris. The Mayor inquired if theirs were persons present who would like to address Council with regard to the request. There being none, Ordinance No. 34058 was adopted, on its first reading, by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 19, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Gordon M. and Helen Jones that an undeveloped alley running parallel to 19th Street, N. E., between 1910 and 1912 Eastgate Avenue, Official Tax Nos. 3341031 and 3341032, respectively, be permanently vacated, discontinued and closed, the matter was before the body. 33 Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, October 1, 1998, and Thursday, October 8, 1998, and in The Roanoke Tribune on Thursday, October 8, 1998. ACTION: (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the right- of-way area at this alley is undeveloped and, according to the application, has been maintained by the applicant for over 20 years; the applicant is in the process of constructing a house on abutting Official Tax No. 3341031, or 1912 East Gate Avenue, N. E.; and the owner of this parcel of land wishes to use the land within the public right-of-way as an adjunct to the existing lot, was before Council. The City Planning Commission recommended that Council approve the request to close and permanently vacate the abovedescribed section of undeveloped alley right-of-way, 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.) Ms. Helen Jones, Petitioner, appeared before Council in support of the request. Mr. Trout moved that the following ordinance be placed upon its first reading: (#34059) 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 235.) The motion was seconded by Mr. Hudson. The Mayor inquired if there were persons present who would like to address Council with regard to the request. There being none, Ordinance No. 34059 was adopted, on its first reading, by the following vote: 34 AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 19, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Innotech, Inc., that a portion of Ferndale Drive, N. W., bounded on the west by property of the City of Roanoke, identified as Official Tax Nos. 6460103, and on the north and east by Official Tax Nos. 6460101 and 6460106, 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, October 1, 1998, and Thursday, October 8, 1998, and in The Roanoke Tribune on Thursday, October 8, 1998. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that Innotech, Inc., a subsidiary of Johnson and Johnson, is requesting that a portion of Ferndale Drive be closed and vacated for the purpose of acquiring the land within the street right-of-way to construct a new industrial facility; Innotech has also submitted a petition to rezone Official Tax Nos. 6460101 and 6460106, from conditional C-2, General Commercial District to LM, Light Manufacturing District, to permit development of the facility; and closure and vacation of this section of Ferndale Drive, N. W., will require that an alternative public road frontage be dedicated and constructed to serve the subject property, was before Council. The City Planning Commission recommended that Council approve the request to close and vacate the abovedescribed section of Ferndale Drive, N. W., 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.) Donald L. Wetherington, Attorney, appeared before Council in support of the request of his client. 35 ACTION' Mr. Hudson moved that the following ordinance be placed upon its first reading: (#34060) 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 237.) The motion was seconded by Mr. Trout. The Mayor inquired if there were persons present who would like to address Council with regard to the request. There being none, Ordinance No. 34060 was adopted, on its first reading, by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ........................................................... 7. NAYS: None ........................................................................ 0. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 19, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Innotech, Inc., that two tracts of land at or near the northern terminus of Ferndale Drive, N. W., and abutting the western boundary of Interstate Route 581, designated as Official Tax Nos. 6460101 and 6460106, be rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, October 1, 1998, and Thursday, October 8, 1998, and in The Roanoke Tribune- on Thursday, October 8, 1998. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that Innotech, Inc., a subsidiary of Johnson and Johnson, is considering development of the subject property for a new industrial facility; a rezoning request for the property was filed in August; an amended petition was filed on 36 ACTION: October 7, 1998, which clarified that previously proffered conditions were to be deleted, and there are no conditions proffered as part of the request for rezoning, was before Council It was further advised that presently the consultant for Innotech is reviewing site development conditions, including traffic management, utility services, storm water management, and landscape buffering of adjacent school and apartment uses; studies are currently underway and there have been no decisions or agreements regarding development of the property; and the City is actively working with Innotech to facilitate the industrial development. The City Planning Commission recommended that Council approve the request for rezoning, and advised that changing the zoning of the subject property from conditional C-2, General Commercial District to LM, Light Manufacturing District, is consistent with the City's Comprehensive Plan and with the goals for industrial economic development; while development of the subject property has important issues that need to be addressed, specifically traffic access, flood plain management, and general site design as it relates to adjacent residential uses, a change in zoning to allow industrial development is appropriate for the property; design and construction details of development can be considered and approved at a later date by City staff and the City Planning Commission as part of the Comprehensive Development Plan and Subdivision review; and City staff is presently working with Innotech to address public infrastructure issues. (For full text, see report on file in the City Clerk's Office.) Donald L. Wetherington, Attorney, appeared before Council in support of the request of his client. Mr. Hudson moved that the following ordinance be placed upon its first reading: (#34061) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 646, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 61, page 240.) The motion was seconded by Mr. Trout. 37 ACTION: 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. 34061 was adopted, on its first reading, by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 19, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of RIA, LLC, that a tract of land located on the west side of Hollins Road, N. E., being an approximately 9.5 acre portion of Official Tax No. 3140301, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, September 3, 1998, and Thursday, September 10, 1998, and in The Roanoke Tribune on Thursday, September 10, 1998. (See publisher's affidavits on file in the City Clerk's Office.) A communication from Michael K. Smeltzer, Attorney, representing the petitioner, requesting that the matter be tabled until the regular meeting of Council on Monday, November 16, 1998, at 7:00 p.m., was before the body. (For full text, see communication on file in the City Clerk's Office.) Ms. Wyatt moved that the matter be tabled until the regular meeting of Council on Monday, November 16, 1998, at 7:00 p.m. The motion was seconded by Mr. Harris and unanimously adopted. COMMUNICATIONS DEPARTMENT-BELL ATLANTIC - VIRGINIA, INC.: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 19, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to convey 38 ACTION: an easement across City owned property identified as Official Tax No. 1370201, located in Fishburn Park to Bell Atlantic -Virginia, Inc., for the purpose of relocating its underground conduit in connection with the Brambleton Avenue Bridge Project, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, October 11, 1998. (See publisher's affidavit on file in the City Clerk's Office.) A report of the Water Resources Committee advising that Council approved acquisition of property rights for replacement of the Brambleton Avenue Bridge, pursuant to Ordinance No. 32883-040196; Fishburn Park runs alongside Brambleton Avenue in the area where the bridge will be replaced, near the intersection of Ross Lane; Bell Atlantic - Virginia, Inc., has underground conduit in the area where the bridge replacement construction will take place (see plat); construction of the new bridge will require relocation of Bell Atlantic's existing underground conduit; and an easement across Fishburn Park property has been requested by Bell Atlantic in order to relocate its underground conduit (see letter), was before Council. The Water Resources Committee recommended that Council authorize execution of the appropriate document granting an easement across City-owned property to Bell Atlantic - Virginia, Inc. (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: (#34062) AN ORDINANCE authorizing the donation and conveyance of an easement across City-owned property identified as Official Tax No. 1370201 located in Fishburn Park to Bell Atlantic - Virginia, Inc., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 61, page 242.) The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 34062 was adopted, on its first reading, by the following vote: 39 AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. OTHER HEARING OF CITIZENS: None. There being no further business, the Mayor declared the meeting adjourned at 7:20 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 40 DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE S.W. - ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 Janua~ 19,1999 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Sincerely, David ^. Bowers Mayor DAB:se CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 WILBURN C. DIBLING, JR. FACSIMILE: 540-853-1221 CITY ATI'ORN EY E-MAIL:cityatty @ci.roanoke.va.us WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY A'UFORNEYS January 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 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. With kindest personal regards, I am Sincerely yours, Wilbum C. Dibling, Jr. City Attorney WCDj/SJT:snh cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk H:\CCtxL-EX-MD JAMES D. GRISSO Director of Finance CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 4~ R O. Box 1220 ' Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director January 19 1999 Honorable Mayor and Members of City Council Roanoke, Virginia SUBJECT: Results of the Transfer Option from the Employees' Retirement System (ERS) to the Employees' Supplemental Retirement System (ESRS) Dear Mayor Bowers and Members of Council: City Council approved 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 December l, 1998 and closed at 5:00 p.m. on December 31, 1998. Since the program has concluded, 30 of the 199 eligible members (15%) took advantage of the option. The following table provides you with an analysis of the employees who transferred by specific category. General Employees Schools Police State Employees Roanoke Valley Resource Authority Total Eligible to Transfer Elected to Transfer 166 27 27 2 3 1 2 0 1 0 199 30 Honorable Mayor and Members of City Council January 19, 1999 Page 2 I want to give special recognition to the members of the Pension Plan staff for organizing and implementing the Transfer Option presented to these 199 members. Joyce Sparks, Retirement Administrator, Rosemary Trussell, Retirement Accountant, and Gloria Deese, Account Technician, spent a significant amount of time and effort ensuring that every member had sufficient information to make an informed decision regarding this opportunity. This report is to provide City Council the results of this retirement program offered to members of the Old System and no action is required. Sincerely, Director of Finance JDG:s C: Joyce Sparks, Retirement Administrator Jesse Hall, Deputy Director of Finance Janua~ 19,1999 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to request that Council convene in Executive Session to discuss a personnel matter, specifically being the resignation of a specific public officer, pursuant to Section 2.1-344.A. 1., Code of Virginia (1950), as amended. Respectfully, W. Robert Herbert City Manager VVRH/w MARY IV. 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 January 21, 1999 File #15-110-202 Stephen L. Jamison, Chair Personnel and Employment Practices Commission 3450 Brymoor Road, S. W. Roanoke, Virginia 24018 Dear Mr. Jamison: This is to advise you that on January 4, 1999, William C. Holland qualified as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2001. Sincerely, Mary F. Parker, CMG/AAE City Clerk MFP:Io pc: Kenneth S. Cronin, Secretary, Personnel and Employment Practices Commission Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, William C. Holland, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2001, according to the best of my ability. So help me God. Subscribed and sworn to before me this /--//%ay of 199~'. ARTHUR B. CRUSH, III, CLERK , DEPUTYCLERK HAAGENDA9B~DEC21 .WPD MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk January 21, 1999 File #15-110-207 Lynn D. Avis, Chair Industrial Development Authority of the City of Roanoke 3848 Bosworth Drive, S. W. Roanoke, Virginia 24014 Dear Mr. Avis: This is to advise you that on January 6, 1999, Stark H. Jones qualified as a member of the Industrial Development Authority of the City of Roanoke for a term ending October 20, 2002. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Margaret R. Baker, Secretary, Industrial Development Authority of the City of Roanoke, 2140 Windsor Avenue, S. VV., Roanoke, Virginia 24015 Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Stark H. Jones, 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 Director of the Industrial Development Authority of the City of Roanoke for a term ending October 20, 2002, according to the best of my ability. So help me God. Subscribed and sworn to before me this & day of "'J1998~ ARTHUR B. CRUSH, III, CLERK N:\CKLO 1Lt~GENDA98Xl)EC7.WPD MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk January 21, 1999 File #15-110-488 William E. Skeen, Chair Roanoke Neighborhood Partnership Steering Committee 1938 Avon Road, S. W. Roanoke, Virginia 24015 Dear Mr. Skeen: This is to advise you that on January 5, 1999, Paula L. Prince qualified as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2001. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Elizabeth A. Watson, Secretary, Roanoke Committee Sandra H. Eakin, Deputy City Clerk Neighborhood Partnership Steering Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Paula L. Prince, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2001, according to the best of my ability. So help me God. Subscribed and sworn to before me this : day of :dj0 199~.~ ~ ARTHUR B. CRUSH, III, CLERK , DEPUTYCLERK Sincerely, H:~PARKER. 98~AULA, WP D MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk January 21, 1999 File #60-467 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. 34141-011999 amending and reordaining certain sections of the 1998-99 School and School Capital Projects Funds Appropriations, providing for appropriation of funds to the following school accounts: $56,903.00 from the 1998-99 Capital Maintenance and Equipment Replacement Fund, $54,220.00 from 1997 Capital Bond Issue funds, $210,025.00 for the Goals 2000 Technology Grant, $10,000.00 for the 1999 Chess Program, and $28,214.00 for the Special Education Capacity Building Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, January 19, 1999. Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: W. Robert Herbert, 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of January, 1999. No. 34141-011999. 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 ADDrooriations Education Facilities (1) ............................................ Goals 2000 Technology 98 (2) .............................. Chess Program 98-99 (3-4) ................................ Special Education Capacity Building (Silver) 98-99 (5-7) ......... $ 115,755,265 1,422,130 210,025 10,000 28,214 Revenue Education Federal Grant Receipts (8) ................................ Fees (9) ............................................... Federal Grant Receipts (10) ............................... $ 114,137,323 210,025 10,000 28,214 Fund Balance Reserved for CMERP - Schools (11) ......................... $ 687,210 School Capital Proiects Fund Appropriations Education Addison Middle School Renovations (12) ....................... Capital Improvement Reserve Public Improvement Bonds - Series 1997 (13) ................... 26,043,815 10,522,974 (12,109,420) (8,988,411) 1 ) Replacement-Other Capital Outlays (030-060-6006-6896-0809) $ 56,903 2) Additional Data Process Equipment (030-060-6993-6102-0826) 210,025 3) Maintenance Service Contracts (030-060-6992-6102-0332) 2,000 4) Conventions/ Education (030-060-6992-6102-0554) 8,000 5) Other Professional Services (030-060-6552-6029-0313) 21,500 6) Inservice Workshops (030-060-6552-6029-0587) 5,214 7) Inservice Supplies (030-060-6552-6029-0617) 1,500 8) Federal Grant Receipts (030-060-6993-1102) 210,025 9) Fees (030-060-6992-1103) 10,000 10) Federal Grant Receipts (030-060-6552-1102) 28,214 11 ) Reserved for CMERP-Schools (030-3324) (56,903) 12) Appropriated from Bond Funds (031-060-6090-9001) 54,220 13) Schools (031-060-9706-9182) (54,220) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 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 January 21, 1999 File #60-467 Marsha W. Ellison, Chair Roanoke City School Board 2030 Knollwood Road, S. W. Roanoke, Virginia 24018 Dear Ms. Ellison: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, January 19, 1999, Council Member Swain requested information on the ratio of computers to students and how computers are being integrated into the instructional program of the Roanoke City Public Schools. Council Member Wyatt requested a break-down, by school, as to which schools have computer labs as opposed to individual computers in the classrooms. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools cn'Y OF ROANOKE Roanoke, Virginia January 19, 1999 Honorable Mayor and Members of City Council FROM: James D. Grisso, Director of Finance SUBJECT: SchooI Board Request for Appropriation of School Capital Projects Funds and School We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate the following: $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 gyxnnasium 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 one hundred percent 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 Butlding (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 one hundred percent by federal funds. We recommend that you concur with this request of the School Board. .// ' ectbr of Finance JDG/AHA/pac ,~~ Marsha W. Ellison, Chairman Melinda J. Payne, Vice Chairman Charles W. Day x-Roanoke City School Board 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 P.O. Box13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951 ,-The I~norable David A. Bowers, Mayor 7~ and'Members of Roanoke City Council Roanoke, VA 24011 January 13, 1999 Dear Members of Council: As a result of official action at its lanuary 12 meeting, the School Board requests the following appropriations: $ 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 one hundred percent 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 one hundred percent by federal funds. The Board appreciates the approval of these requests. Sincerely, Cindy H. Lee, Clerk re CC: Mrs. Marsha W. Ellison Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mr. William L. Murray Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. ]ames D. Grisso Ms. Ann Allen (with accounting details) Preparing Students for Success Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk January 21, 1999 File #60-217 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia James D. Grisso Director of Finance Roanoke, Virginia Gentlemen: I am attaching copy of Resolution No. 34142-011999 endorsing the Capital Improvement Program for fiscal years 1999 - 2003, in the total amount of $321,825,908.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, January 19, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: Glenn D. Radcliffe, Director, Human Development George C. Snead, Jr., Director, Public Safety William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations Charles M. Huffine, City Engineer Diane S. Akers, Budget Administrator H:X, AGENDA99XJAN 19. WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1999. No. 34142-011999. A RESOLUTION endorsing the Capital Improvement Program submitted by the City Manager and Director of Finance by report of January 19, 1999. WHEREAS, by report of January 19, 1999, and the attachments to such report, the City Manager and Director of Finance have presented an updated 5-Year Capital Improvement Program for Fiscal Years 1999-2003 which represents an investment in the future of Roanoke and offers the City the opportunity to significantly improve its facilities and physical resources while strengthening the City's economic base; and WHEREAS, this Council is desirous of endorsing the recommended Capital Improvement Program; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council endorses and concurs in the recommendations of the City Manager and Director of Finance for an updated 5-year Capital Improvement Program for the City of Roanoke for Fiscal Years 1999-2003 in the total amount of $321,825,908 as set out in the report of the City Manager and Director of Finance, dated January 19, 1999, and the attachments to such report. ATTEST: H:hM EASURE SXR-CIP98.03 City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia January 19, 1999 Council Report No. 99-02 Dear Mayor Bowers and Members of Council: Subject: Updated Capital Improvement Program for Fiscal Years 1999-2003 I. Background on the subject in chronological order is as follows: On July 21, 1997, City Council adopted ordinance numbers 33497-072197 and 33498-072197, authorizing a referendum to be held in November 1997 on the issuance of $39,030,000 in capital improvement bonds. Bo On August 4, 1997, City Council adopted resolution number 33534-080497 approving the Capital Improvement Program (CIP) for 1998-2002. The public referendum was held on November 4, 1997 and the $39 million bond issue was approved by 78% of our voting citizens. On December 17, 1997, $13,010,000 of the new bonds were sold, with the remaining bonds to be issued on or before January 2000. II. Current Situation is as follows: The Capital Improvement Program, totaling $321,825,908, has been revised and updated for fiscal years 1999-2003. The document updates the status of current projects. (Summary shown on Exhibit I) Bo Major changes in the updated Capital Improvement Program include the following: Projects that have been completed in the past year have been removed from the updated document. Projects approved since the previous CIP was adopted on August 4, 1997 have been added to the updated CIP. Project costs have been updated, either based on actual contract prices or updated estimates from the Engineering staff. C. Three capital projects have funding deficiencies for the current phases: Jefferson Center- The Performance Hall Renovation ($ 800,000) New Police Building (1,260,000) Railside LinearWalk ( 788,500) Honorable Mayor and Members of City Council Page 2 The updated ClP identified recommended funding sources for these capital projects. City Council action is required to accomplish these reallocations of funding. As projects are brought forward, City Council will be presented with funding reports for approval and the funds may then be appropriated to the required capital accounts. III. Issues are as follows: B. C. D. Status of capital projects Timing Funding Marketing of future bond issues IV. Alternatives in order of feasibility are as follows: A. City Council endorse the updated Capital Improvement Program document for fiscal years 1999-2003 by adopting the attached resolution. Status of capital projects is reflected in the updated document. Timing of update allows document to reflect current project information. Funding for projects is adequate and the sources are detailed in the document. Updated CIP is required to market future bond issues. City Council not endorse the Capital Improvement Program for fiscal years 1999-2003. Status of capital projects has changed since the previous CIP was adopted in August, 1997. Timing would not be an issue, although the document would not be up-to-date. Funding will continue to be provided for projects which Council has approved. Under-funded projects may be delayed. Honorable Mayor and Members of City Council Page 3 4. Updated CIP will not be available to market future bond issues. Recommendation is as follows: A. City Council approve Alternative A, endorsing the updated Capital Improvement Program document for fiscal years 1999-2003 and adopting the attached resolution. Respectfully Submitted, W. Robert Herbert ~oCity Manager. s. Director of Finance Attachment CC: Assistant City Manager City Attorney City Clerk Deputy Director of Finance Director of Human Development Director of Public Safety Director of Public Works Director of Utilities and Operations City Engineer Budget Administrator EXHIBIT I Current Capital Improvement Program Fiscal Year 1999 - 2003 PROJECT CATEGORYrrlTL; CAPITAL FUND: A. Buildings 1. Peters Creek Extension Fire Station 2. Police Firearms Training Range 3. Employee Parking Facilities 4. Jefferson Center - Phase II - The Performance Hall Renovation 5. Communications Systems Upgrade 6. Gainsboro Library Branch Improvements 7. New Police Building 8. Regional FIRE-EMS Training Academy 9. Shenandoah Hotel Rehabilitation 10. Victory Stadium Replacement/Renovations 11. Roanoke Higher Education Center Total - Buildings B. Economic Development 1. Roanoke Centre for Industry & Technology (RCIT) Development 2. Improvements to VA Museum of Transportation 3. Enterprise Zone Two 4. Innotech Expansion 5. Roanoke Electdc Steel Industrial Access Project 6. Henry Street Redevelopment Plan Total - Economic Development C. Parks 1. Railside Linear Walk 2. Neighborhood Park Improvements 3. Mill Mountain Park Improvements 4. Mill Mountain Greenway 5. Franklin Road Gateway Total - Parks ESTIMATED COST ADDITIONAL OF PROJECT DESIGNATED FUNDING COMPLETION FUNDING REQUIRED $ 870,000 158 000 1,200 000 2,800 000 6,695 556 150 000 5,200 000 837 845 750 000 10,500 D00 22,400 000 $ ..... 51,561,401 $ 870,000 $ 0 158,000 0 1,200,000 0 2,000,000 800,000 6,695,556 0 150,000 0 3,940,000 1,260,000 837,845 0 750,000 0 1,500,000 9,000,000 19,900,000 2,500,000 $ ~ 38,_001,401 $ 13,560~000 8,739,138 1,777,000 249,650 665,000 970,607 329,801 12,731~196 $ 6,401,425 1,777,000 249,650 665,000 970,607 329,801 $ 10,393,483_ $ 2,337,713 0 0 0 0 0 $ 2,337,7_t_3 2,603,000 $ 1,814,500 $ 788,500 4,000,000 4,000,000 0 500,000 500,000 0 740,000 740,000 0 300,000 300,000 0 8,143,00~0 $ 7,354,500 $ 788,500 SOURCES FOR ADDITIONAL FUNDING REQUIRED City funds will be identified dudng fiscal year 1998-99 City funds will be identified during fiscal year 1998-99 Future Bond Issue Future Bond Issue Future funding needed City funds will be identified during fiscal year 1998-99 January 19, 1999 EXHIBIT I (continued) Current Capital Improvement Program Fiscal Year 1999 - 2003 PROJECT CATEGORY/TITLE CAPITAL FUND: D. Public Schools 1. Removal of Asbestos Materials 2. Improvements to Huff Lane and Round Hill Schools 3. Middle School Modemization 4. School Technology 5. Classroom Additions w/Library-Media Center Expansion & Air Conditioning 6. Cooling System Replacement & Additions 7. Elementary School Additions w/Air Conditioning Physical Education Facilities 8. Elementary School Additions w/Air Conditioning 9. High School Field House Additions 10. High School Facility Study 11. Govemor's School Total - Schools E. Storm Drains 1. Neighborhood Storm Drain Program 2. Peters Creek Flood Reduction Project 3. Roanoke River Flood Reduction Project 4. CORPS of Engineers Mapping Project Total - Storm Drains F. Streets, Sidewalks and Bridges 1. Bridge Renovation Program 2. Traffic Signals - Replacement 3. Computerized Traffic Signal System 4. VDOT Highway Projects 5. Curb, Gutter and Sidewalk Program - Neighborhood ($2,000,000) - Outlook Roanoke Recommendations - Church Avenue ($90,000) - William son Road ($480,000) - Williamson Road Corridor Study- Recommendations ($575,000) 6. I- 581 Interchange 7. Kirk Avenue Improvements 8. Roadway Safety Improvement Program 9. Traffic Signals - Installation of New Signals 10. Emergency Vehicle Traffic Signal Preemption Program Total - Streets and Sidewalks GRAND TOTAL - CAPITAL FUND ESTIMATED COST ADDITIONAL OF PROJECT DESIGNATED FUNDING COMPLETION FUNDING REQUIRED $ 4,700,000 $ 4,700,000 $ 0 2,316,700 2,316,700 0 33,220,000 33,220,000 0 9,237,000 7,137,000 2,100,000 0 4,250,000 550,000 3,700,000 4,055,000 255,000 3,800,000 0 2,750,000 2,750,000 3,000,000 3,000,000 350,000 350,000 250,000 250,000 2,870,000 2,870,000 $ _669~99~700 $ ~8~178~70.0 $ 18,820,000.. 7,546,096 $ 7,546,096 4,013,522 4,013,522 43,000,000 43,000,000 200,000 200,000 54,759,618 $~_ 54,759,618 $ 7,675,589 $ 7,675,589 $ 0 1,019,553 1,019,553 0 1,350,000 1,350,000 0 34,423,000 34,423,000 0 4,500,842 4,500,842 0 6,300,000 6,300,000 0 110,519 110,519 0 375,000 375,000 0 1,500,786 1,500,786 0 758,747 758,747 0 58,014~036 $ ...... 58~0_~14~003~ $ ...... 0 25~,207~95'1 $ 216,701,738_ $ 35,5506~21~ SOURCES FOR ADDITIONAL FUNDING REQUIRED Future State Capital Bond Issue Future Literary Fund Loans Future Literary Fund Loans or VPSA Bond Issue Future Literary Fund Loans Future Literary Fund Loans Future Capital Maintenance and Equipment Replace Funds Future Capital School Funds Future Literary Fund Loans January 19, 1999 PROJECT CATEGORY/TITLF CAPITAL FUND: PROPRIETARY FUND~; G. Civic Center Fund 1. Capital Maintenance and Major Repairs Total - Civic Center Fund H. Sewage Treatment Fund 1. Sanitary Sewer Infiltration/Inflow Removal 2. Wastewater Treatment Needs Total - Sewage Fund I. Water Fund 1. Franklin Road Water Main Replacement Total - Water Fund J. Utility Line ,Services Fund 1 Administrative & Operational Plant Replacement Total - Utility Line Services Fund TOTAL - PROPRIETARY FUNDS GRAND TOTAL - ALL FUNDS - CURRENT ClP EXHIBIT I (continued) Current Capital Improvement Program Fiscal Year 1999 - 2003 ESTIMATED COST ADDITIONAL OF PROJECT DESIGNATED FUNDING COMPLETION FUNDING REQUIRED SOURCES FOR ADDITIONAL FUNDING REQUIRED 2,110,317 $ 2,110,317 $ 0 2,110,317 $ 2,11_0,_31~7 $ 0 $ 2,600,000 $ 2,600,000 $ 0 63,000,000 63,000,000 0 $ .... 65,600,000 S ...... 6~,600,_0.0~0 $ _ 0 S 6--07,640 $ . 607,640 $ $ ......... 607.6~ $ 607,640 $ 0 $ _ 1,300,000 $ . 0 $ 1,300,000 Utility Line Services Fund Retained Earnings $ ..... 1,300,000_ $ : 0 $:~ ~30~ojoo~o $ ~6~957 $ 68,3!7,957 $ 1,300,000 $ 321,825,908 $ 285,019,695_ $__ 36,806,21~3 January 19, 1999 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk January 21,1999 File #184-305 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34143-011999 amending and reordaining certain sections of the 1998-99 General Fund Appropriations, providing for the transfer of $70,000.00 from the State and Local Hospitalization Account and $38,406.00 from the Juvenile Detention Temporary Wage Account to Regular Employee Salaries, FICA, Retirement, Medical Insurance, Dental Insurance, Disability Insurance, and ICMA Match, in connection with additional staff positions for the Roanoke Juvenile Detention Center. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, January 19, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: John M. Chambliss, Jr., Chair, Roanoke Valley Juvenile Detention Commission, 4345 Coyner Springs Road, N. E., Roanoke, Virginia 24012 W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Kenneth S. Cronin, Manager, Personnel Management Barry L. Key, Manager, Office of Management and Budget Jack E. Trent, Superintendent, Youth Haven I Diane S. Akers, Budget Administrator, Office of Management and Budget Center H:~AGENDA99~JAN 19.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of January, 1999. No. 34143-011999. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety Juvenile Detention Center (1-8) .............................. $ 40,490,936 1,244,971 Health and Welfare State and Local Hospitalization (9) ............................ $ 24,018,323 30,000 1) Salaries (001-054-3320-1002) $ 84,296 2) Temporary Wages (001-054-3320-1004) (38,406) 3) Retirement (001-054-3320-1105) 8,217 4) ICMA Match (001-054-3320-1116) 1,018 5) FICA (001-054-3320-1120) 6,527 6) Health Insurance (001-054-3320-1125) 7,473 7) Dental Insurance (001-054-3320-1126) 663 8) Disability Insurance (001-054-3320-1131 ) 212 9) Fees for Professional Services (001-054-5330-2010) (70,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. January 19, 1999 Report No. 98-732 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: ADDITIONAL STAFF POSITIONS FOR THE ROANOKE JUVENILE DETENTION CENTER I. BACKGROUND Roanoke Juvenile Detention Center provides secure custody, care, supervision and services for juveniles for the City of Roanoke and Botetourt County. The facility was opened in 1960 designed and built to provide services for less violent juvenile offenders, mostly truants, runaways, and petit crimes. For the last six (6) years, we have experienced a significant increase in violent offenses committed by the juveniles placed in the detention center, these charges include murder, assault and battery, malicious wounding, robbery, drugs/narcotics, and weapons charges. o During fiscal year, 1997-98, the detention center had five (5) detainee on staff assaults, seven (7) major detainee on detainee assaults, eleven (11) suicide attempts, two (2) escape attempts, and two (2) incidents of inciting a riot. The State Department of Juvenile Justice has licensed the detention center for a capacity of twenty-one (21). The Roanoke Juvenile Detention Center experienced a continuous increase in population in the last ten (10) years. In 1988, the utilization rate was 78 percent and it began to grow to: 123 percent in 1993 136 percent in 1994 165 percent in 1995 148 percent in 1996 135 percent in 1997 131 percent in 1998 PAGE 2 Due to overcrowding and potential loss of licensure in 1996, the City Manager placed a cap on the population at thirty-two (32), eleven over our licensed capacity, thereby, dropping the utilization about 30 percent since December 1996. The capped capacity at the center has been instrumental in the development of a regional solution to address the need for additional secure detention beds in the region. The Roanoke Valley Detention Commission has been formed and is in the process of expanding the center to an eighty-one (81) bed facility to serve the cities of Roanoke and Salem, and the counties of Botetourt, Franklin and Roanoke. The new facility is expected to be placed in service in two (2) phases. Phase I - Phase II - (58 beds) in April 2000 (23 beds) in January 2001 II CURRENT SITUATION The Roanoke Juvenile Detention Center is currently staffed with eleven (11) direct- care, full-time counselor I positions, providing twenty-four (24) hour supervision seven (7) days a week. State Standards require a ratio of one (1) staff to each ten (10)juveniles. Most detention centers in the state maintain a ratio of one (1) to eight (8) for safety and security purposes. The Board of Juvenile Justice has adopted new standards requiring twenty-four (24) hour coverage in the control center of all detention centers; these became effective for licensing on July 1, 1998. ao Safety and security is monitored and controlled from the control center including eight (8) video monitors, a base station for a "man-down" radio system, an intercom to each cell, and visual supervision of the large day mom/dining room. Failure to staff the control center greatly jeopardizes safety and security for both staff and detainees. The Roanoke Juvenile Detention Center has additional new requirements placing demands on staff schedules and duties. New Department of Juvenile Justice Standards require that each juvenile in disciplinary confinement be given a minimum of one (1) hour of daily exercise provided by "one on one" supervision. PAGE 3 New Department of Juvenile Justice Standards require more direct visual supervision of juveniles in disciplinary confinement, in physical/mechanical restraints and under suicide alert status. These visuals and the new due process hearings require a greater level of continuous supervision in the three (3) cell blocks. o A new agreement with Botetourt County requires detention staff to transport all juveniles charged with crimes connected with the Coyner Springs complex to court hearings in Fincastle. Relief Staff coverage is extremely difficult to maintain because of high turnover, low reliability, a limited applicant pool and the inability to maintain adequate training and development. In the past two (2) years, forty-six (46) Relief Counselors have left their positions at the detention center. Interviewing, hiring and training is continual and needs for coverage are never adequate using on-call, part-time hourly employees. Secretarial duties have increased tremendously and a temporary full-time employee has been on staff for one (1) year and eleven (11) months to meet clerical/receptionist needs at the center without benefits. ° Food services at the Detention Center have suffered due to shortages by not being able to fill vacancies for relief cooks (hourly employees). Lack of public transportation, and market demands have caused increased overtime for our two (2) full-time cooks. The Planning Study approved by the Department of Juvenile Justice with the facility expansion to eighty-one (81) beds by the Commission allows for fifty-seven (57) new positions including: 5 - 4 - 19 - 15 - 1 - 2 3 7 Senior Secretary Control Center Specialists Shift Supervisors (Counselor III's) Unit Supervisors (Counselor II's) Juvenile Supervisors (Counselor I's) Food Service Manager Cooks Intake/Transport Counselors Other Program/Support Staff Positions PAGE 4 Eo With a population of thirty-two (32) juveniles and the requirement for twenty- four (24) hour control center coverage, it is calculated that seven (7) new full- time counselor positions should be added to maintain adequate coverage, improve safety and reduce security risks, and provide a supervisor on all shifts. With the increased demands for clerical/secretarial duties, the one (1) temporary secretarial position should be authorized to be a full-time position with benefits. With the difficulty of recruiting and hiring relief cookE, the temporary wage account should be reduced and one (1) additional full-time cook with benefits be authorized. The costs of adding seven (7) additional counselor positions, one (1) senior secretary position, and one (1) full-time cook is anticipated to be $108,406 for the remainder of this fiscal year. Two (2) vacant positions from the Law Library_ will be utilized to reduce the number of new positions being added to the city's employment level. There will be no adverse effect of services to the library's patrons. ° The Roanoke Valley Detention Commission is scheduled to assume responsibility for operations including all personnel costs in April 2000. The Department of Juvenile Justice will increase the block grant to assume fifty (50) percent of the new personnel costs. Until the first phase of the detention expansion project is complete local funding will need to be provided for these nine (9) new positions estimated to be $251,352 annually. Funding for Fiscal Year 1999/2000, will be provided from reducing the Temporary Wage Budget and from excess local funds from the Virginia Juvenile Community Crime Control Act Program. Construction and transition to the Roanoke Valley Detention Commission creates new concerns and risks for the Detention Center. Health, safety and security risks will increase during the construction of the new facility starting in April 1999. Additional staff and full-time control center coverage will minimize those risks and reduce liabilities. Training and development of the seven (7) new positions will enhance the ability of transitioning to the Commission operation in April 2000. PAGE 5 III. ISSUES A. Staffing Needs B. Cost C. Safety and Security ALTERNATIVES Authorize an increase in full-time employees at the detention center by seven (7) counselors, one (1) senior secretary position and one (1) cook position. Total new positions added to the city's employment level will be seven (7), since two (2) positions will be transferred from the Law Library. Staffing Needs - The city would be in compliance with mandated regulations requiring a one (1) to ten (10) ratio for staff coverage and twenty-four (24) hour control center coverage. Secretarial duties will be performed to a level of service excellence. Food services will be provided as required by state standards. Cost. - Funding is available for this fiscal year from State and Local Hospitalization in the amount of $70,000 (state has advised that no local funding is needed in 98/99 fiscal year) and transfer of $38,406 from the Detention Center' s Temporary Employee Wage Account (001-054-3320-1004). o Safety and Security - Dependable, qualified and professionally trained permanent staff will assure safety and security for staff and detainees. The unpredictable reliability of relief staff will be reduced. Secretarial duties will be performed by full-time staff with benefits. Food Services will be provided to juveniles without extensive overtime compensation to the current two cooks. Reduce the cap on the population at the Juvenile Detention Center to twenty-one (21), the licensed capacity and authorize an increase in full-time employees at the detention center by six (6) counselors, one (1) secretary position and one (1) cook positions. Total new positions added to the city's employment level will be six (6) positions, since two (2) positions will be transferred from the Law Library. Staffing Needs - The city would be in compliance with mandated regulations requiring a one (1) to ten (10) ratio for staff coverage and twenty-four (24) hour control center coverage. Secretarial duties will be performed to a level of service excellence food service will be provided as required by state standards. Cost - The cost for the remainder of the fiscal year is anticipated to be $207,446. The total annual cost is anticipated to be $524,662. PAGE 6 Ve ao A reduction in the population cap will result in insufficient space to accomodate all of the juveniles who are charged with criminal offenses in the city of Roanoke. These juveniles will have to be housed in detention facilities outside of roanoke at an addiitonal expense. A reduction in the population cap will also result in insufficient space to house juveniles from the surrounding jurisdictions. This will result in the loss of revenue budgeted for housing juveniles from surrounding jurisdictions. Safety and Security - Dependable, qualified and professionally trained permanent staff will assure safety and security for staff and deteainees. The upredictable reilability of relief staff will be reduced. Secretarial duties will be performed by full-time staff with benefits. Food services will be provided to juveniles without extensive overtime compensation to the current two cooks. C. Do not authorize an increase in full-time employees for the detention center. Staffing Needs - Staffing needs will have to continue to be met by relief staff on an on-call, available status with continued inadequate coverage to meet mandated regulations and standards. Secretarial services will continue on a full-time basis using temporary part-time employee(s). Overtime pay and stress on cooks will continue. Cost - Funds would continue to be an issue as additional funding for relief (temporary wages) will be necessary. Safety and Security - The use of additional relief staff to meet mandated regulations and standards will greatly compromise safety and security at the detention center. Relief staff turnover creates a constant problem for filling necessary shifts and providing adequate professional coverage for detainee services and food services. RECOMMENDATION Concur with Alternative A and 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 (Shit~ Supervisor) 6 - Counselor I positions 1 - Senior Secretary 1 - Cook PAGE 7 Transfer $70,000 from the State and Local Hospitalization Account (001-054-5330- 2010) and $38,406 from the Juvenile Detention Temporary Wage Account (001-054- 3320-1004) to the following Accounts: REGULAR EMPLOYEE SALARIES FICA RETIREMENT MEDICAL INSURANCE DENTAL INSURANCE DISABILITY INSURANCE ICMA MATCH 001-054-3320-1002 $84,296 001-054-3320-1120 6, 527 001-054-3320-1105 8,217 001-054-3320-1125 7,473 001-054-3320-1126 663 001-054-3320-1131 212 001-054-3320-1116 1,018 TOTAL $108,406 WRH:JET/ry Respectfully submitted, W. Robert Herbert City Manager Attachments CC.' Mr. Wilbum Dibling, City Attorney Ms. Mary F. Parker, City Clerk Mr. James D. Grisso, Director of Finance Mr. Glenn D. Radcliffe, Director of Human Development Mr. Kenneth S. Cronin, Manager of Personnel Mr. Barry Key, Manager, Office of Management and Budget Mr. Jack E. Trent, Superintendent, Juvenile Detention Center Mr. John Chambliss, Chairperson, Roanoke Valley Detention Commission Ms. Diane Akers, Budget Administrator, Office of Management and Budget City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virgnnia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 5.b. 1. Deputy City Clerk January 19, 1999 File #467 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: Pursuant to Chapter 9, Education, of The Code of the City of Roanoke (1979), as amended, establishing a procedure for the election of School Board Trustees, this is to advise you that the three year terms of office of Bdan J. Wishneff and Charles W. Day will expire on June 30, 1999. Pursuant to Section 9-16 of The Code of the City of Roanoke (1979), as amended, on or before February 15 of each year, Council shall announce its intention to elect trustees of the Roanoke City School Board for terms commencing July 1 through (1) public announcement of such intention at two consecutive regular sessions of the Council and (2) advertisement of such intention in a newspaper of general circulation in the Oity twice a week for two consecutive weeks. Section 9-17 of the City Code provides that applications must be filed in the City Clerk's Office by March 10 of each year. Application forms will be available in the City Clerk's Office and may be obtained between the hours of 8:00 a.m., and 5:00 p.m., Monday through Friday. Information describing the duties and responsibilities of School Board Trustees will also be available. Mary F. Parker, CMC/AAE City Clerk MFP:Io Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk January 21, 1999 File #192 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 34144-011999 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. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, January 19, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc; James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Members, Roanoke Civic Center Commission James M. Evans, Manager, Civic Center H:L~.GENDA99UAN19.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of January, 1999. No. 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. WHEREAS, the Civic Center seeks to procure proposals from beverage vendors to exclusively provide non-alcoholic beverage products and equipment, and to enter into advertising and promotion agreements with the selected vendor, who would be granted exclusive pouring rights for non-alcoholic beverages at the Civic Center and also at Victory Stadium; and WHEREAS, the Civic Center seeks to procure proposals 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 that may also include Victory Stadium; and WHEREAS, this Council also finds that use of the procurement method of competitive negotiation for the needed items will allow it to more fully consider factors of experience, the advertising and promotional opportunities from the offerors, and will also allow consideration of negotiations as to the terms of the license agreements for the branded food products; and WHEREAS, City Council is of the opinion that such services should be procured by competitive negotiation for other than professional services, rather than competitive sealed bidding. H,\~AS~S\c~mg THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Pursuant to §23.1-4 (e), Code of the City of Roanoke, (1979), as amended, this Council finds that the procurement method known as competitive sealed bidding is not practicable and is not fiscally advantageous, for the reasons set forth above, 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. 2. City Council directs that the procurement method known as competitive negotiation for other than professional services shall be used for the procurement 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, as recommended by the Roanoke Civic Center Commission, and at Victory Stadium, all as more fully set forth in the report to this Council dated January 19, 1999. 3. This Resolution shall document the basis for City Council's determination. ATTEST: City Clerk H ~ \~,~SURES \ co~neg Report No. 99-308 January 19, 1999 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Competitive Negotiations for Certain Food & Beverage Opportunities I concur with the recommendation of the Roanoke Civic Center Commission, as stated in the attached report, regarding the Competitive Negotiations for Certain Food and Beverage Opportunities. I also recommend that the competitive negotiations for the 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. WRH:KBK:afm Attachment CC; Wiiburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations James M. Evans, Civic Center Manager Members, Civic Center Commission Respectfully submitted, W. Robert Herbert City Manager Report No. 99-308 January 19, 1999 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Competitive Negotiations for Certain Food & Beverage Opportunities The attached staff report was considered by the Civic Center Commission at its regular meeting on December 21, 1998. The Commission recommends 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 stated in the attached report. Mark E. Feldmann, Chairman Civic Center Commission MEF:KBK:afm Attachment CC~ W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Members, Civic Center Commission CITY OF ROANOKE MEMO INTEEDEPARTMENTAL ROANOKE CIVIC CENTER DATE: TO: FROM: SUBJECT: December 18, 1998 Mark E. Feldmann, Chairman and Members, Civic Center Commission James M. Evans, Civic Center Manager Competitive Negotiation for Certain Food & Beverage Opportunities II. Background' Ac Co Food & Beveraqe Concessions at the Roanoke Civic Center are currently operated by an outside contractor, The Swanson Corporation. The Contract with The Swanson Corporation is scheduled to expire June 30, 1999. In-House Operation of Food & Beveraqe Concessions is scheduled to begin on July 1, 1999. Current Situation: Ac Co Civic Center Manaqement desires to solicit proposals from beverage vendors to exclusively provide beverage products and equipment, and to enter into advertising and promotional agreements with the selected vendor, who would be granted exclusive pouring rights for non-alcoholic beverages. Civic Center Manaqement desires to establish certain rights and privileges to sell certain products through various licensing agreements, with products prepared using prominently recognized companys processes and procedures. Such products would include but not be limited to chicken, turkey, pizza, hamburgers, hot dogs, french fries, and ice cream. City Code Sec. 23.1-4 (e) provides that when competitive sealed bidding is either not practicable or not fiscally advantageous to the public, goods and services may be procured by competitive negotiation, provided that City Council adopt a resolution documenting the basis for this determination. Page 2 Competitive Neqotiation is necessary in order to provide the flexibility to negotiate certain advertising and promotional opportunities, and to negotiate contract issues related to licensing agreements. III. Issues: A. Need to have flexibility in negotiating contracts. B. Revenue Opportunity C. Opportunity to provide branded food products. D. Customer Service IV. Alternatives: Competitive Negotiation be utilized for soliciting proposals from certain food & beverage vendors. 1. Need to have flexibility in negotiating contracts will be met. Revenue Opportunity from advertising and promotional considerations, and from increased food & beverage sales will be realized. Opportunity to provide branded food products will be accomplished. ., Customer Service will be enhanced by providing quality food products. Bo Competitive Sealed Bid process be utilized for soliciting bids from certain food & beverage vendors. 1. Need to have flexibility in negotiating contracts will not be met. Revenue Opportunity from advertising and promotional considerations, and from increased food & beverage sales may not be realized. 3. Opportunity to provide branded food products will be jeopardized. Page 3 Recommendation: The Civic Center Commission recommend that City Council adopt a resolution approving the use of competitive negotiation for soliciting proposals for exclusive pouring rights for non-alcoholic beverages, and for entering into licensing agreements with prominently recognized companys for the sale of branded food products, including but not limited to chicken, turkey, pizza, hamburgers, hot dogs, french fries and ice cream. CC: W. Robert Herbert, City Manager James D. Ritchie, Assistant City Manager James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities & Operations Barry L. Key, Manager, Management & Budget Gary E. Tegenkamp, Assistant City Attorney Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk January 21, 1999 File #60-192 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 34146-011999 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, in the amount of $180,000.00, payable in three installments of $60,000.00 each. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, January 19, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations Members, Civic Center Commission James M. Evans, Manager, Civic Center H:~GENDA99~JAN 19.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1999. No. 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 Cente'r. WHEREAS, the coliseum scoreboard and the three concourse message centers were installed at the Civic Center in December 1996, by Fairtron Corporation; and WHEREAS, Fairtron Corporation sold the advertising rights to the scoreboard and the three concourse message centers to Network Group International, L.P. in April 1997; and WHEREAS, Network Group International, L.P., has agreed to sell the said advertising rights to the City; and WHEREAS, the Roanoke Civic Center Commission recommends that City Council approve the purchase of the said advertising rights from Network Group International, L.P. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That City Council concurs in the recommendation of the Roanoke Civic Center Commission that the City purchase the advertising rights from Network Group International, L.P. for the coliseum scoreboard and the three concourse message centers at the Roanoke Civic Center for $180,000, payable in three installments of $60,000 each, as more particularly set forth in the report to Council dated January 19, 1999. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite agreement with Network Group International, L.P., such agreement to be approved as to form by the City Attorney, for the purchase of the said advertising rights and to execute or provide any additional documents or information that may be necessary to complete the purchase of those rights. ATTEST: City Clerk. Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk January 21, 1999 File #60-192 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34145-011999 amending and reordaining certain sections of the 1998-99 Civic Center Fund Appropriations, providing for appropriation of $60,000.00 from Previous Years' Retained Earnings in the Civic Center Fund for the first installment of the purchase of advertising rights for the Roanoke Civic Center scoreboard and three concourse message centers from Network Group International, L.P., in the amount of $180,000.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, January 19, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations Members, Roanoke Civic Center Commission James M. Evans, Manager, Civic Center H:~AGENDA99~JAN 19, WPD IN THE COUNCIL OF THE cl'rY OF ROANOKE, VIRGINIA The 19th day of January, 1999. No. 34145-011999. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Civic Center 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 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Aporooriations Capital Outlay $ 247,271 Advertising Rights to Scoreboard (1) ............................ 60,000 Retained Eaminqs Retained Earnings (2) ....................................... $ 3,032,072 1) Appropriated from General Revenue (005-056-8604-9003) $ 60,000 2) Retained Earnings (005-3336) (60,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Report No. 98-379 January 19, 1999 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Purchase of Advertising Rights on Civic Center Scoreboard The attached staff report was considered by the Civic Center Commission at its regular meeting on December 21, 1998. The Commission recommends that Council approve the purchase of advertising rights to scoreboard and three concourse message centers from Network Group International, L.P., in the amount of $180,000, payable in three installments, the first from Civic Center retained earnings, and the second and third from FY 1999/2000 and FY 2000/2001 budget revenues derived from scoreboard advertising sales, in accordance with conditio/~s stated in the attached report. Re~pe~ctfully/I ,submitted, / (~ Mark E. Feldmann, Chairman Civic Center Commission MEF:KBK:afm Attachment CC: W. Robed Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations James M. Evans, Civic Center Manager Members, Civic Center Commission CITY OF ROANOKE MEMO INTERDEPARTMENTAL ROANOKE CIVIC CENTER DATE: TO: FROM: SUBJECT: December 21, 1998 Mark E. Feldmann, Chairman and Members, Civic Center Commission James M. Evans, Civic Center Manager (~~_ Purchase of Advertising Rights to Scoreboard II. Backqround: A new Coliseum Scoreboard and three Concourse Messa.qe Centers were installed at the Civic Center in December of 1996. The equipment and a ten year warranty was provided by Fairtron Corporation, now a division of Trans-Lux Midwest Corporation, in exchange for the advertising rights for a period of ten years. The value of the equipment and warranty provided was listed at $284,046. Fairtron Corporation sold the advertisinq riqht~ to Network Group International, L.P., an affiliate of SMG, A Pennsylvania General Partnership,in April of 1997. Network Group International has sold advertising to one advertiser since that time. That advertising agreement will expire in June of 1999, leaving the total inventory available for sale. Co Advertisinq inventory consists of 12 panels on the scoreboard and two panels on each of the three Concourse message centers with a total estimated net advertising value of $81,600 annually. The total net value of available advertising for the duration of the agreement with Network Group International is $652,800. Current Situation The Civic Center and the Roanoke Express have entered into a joint agreement for the sale of display advertising. The scoreboard inventory is a key element for major advertising rights packages, and owning the advertising rights to the scoreboard would have a positive impact on advertising sales. Bo Network Group International is a competing factor in our efforts to sell other advertising. Page 2 C. III. IV. Civic Center Manaqement has negotiated with Network Group International to purchase the advertising rights to the scoreboard and message centers. The Roanoke Express has agreed to modify the existing license agreement to allow the first revenues from scoreboard signage (after sales commissions) to be used to pay for this purchase before they begin receiving a share of this revenue. The Scoreboard Maintenance Agreement remains under contract with Fairtron,the manufacturer of the scoreboard, and will not be affected by the sale of advertising rights. Issues: A. Need to control all advertising inventory under one organization B. Cost of purchasing advertising rights C. Revenue from the sale of advertising rights D. Funding to purchase advertising rights E. Agreement with Roanoke Express Alternatives: A. Civic Center purchase advertising rights from Network Group International, L. P. for the amount of $180,000, payable in three installments of $60,000. The first payment would be due on January 28, 1999, the second payment on December 15, 1999, and the final payment due on December 15, 2000. The first payment would be made from Civic Center retained earnings, with the second and third payments budgeted annually as an expense offset by a new revenue stream. Need to control all advertising inventory under one organization will be met. .Cost of purchasing advertising inventory will be offset by revenue derived from scoreboard advertising sales. 3. Revenue potential derived from this purchase after cost is $472,800 based on current values. 4. Funding needs will be met. Page 3 Aqreement with the Roanoke Express will be enhanced by providing both parties additional revenue opportunities. CC: Bo Civic Center continue current arrangement with Network Group International, L. P., with Network Group International, L. P., continuing to control scoreboard advertising. Need to control all advertising inventory under one organization will not be met. 2. Cost would not be a consideration. o Revenue potential for scoreboard advertising will be .zero, and additional potential revenue from major sponsorship packages will be diminished. 4. Fundinq will not be necessary. A.qreement with the Roanoke Express will not be enhanced. Recommendation: The Civic Center Commission recommend that City Council approve the purchase of advertising rights from Network Group International, L. P. in the amount of $180,000. The Commission also recommends that Council appropriate $60,000 from previous years retained earnings in the Civic Center Fund to an account to be established by the Director of Finance for the first installment of this purchase. Funding for the second two installments will be appropriated through future annual budget appropriations. W. Robert Herbert, City Manager James D Ritchie, Assistant City Manager James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities & Operations Barry L. Key, Manager, Management & Budget Gary E. Tegenkamp, Assistant City Attorney Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk January 21, 1999 File #24-79-291 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34137-011999 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 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, effective on and after February 1, 1999. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, January 4, 1999, also adopted by the Council on second reading on Monday, January 19, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: The Honorable Clifford R. Weckstein, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Virginia H:kAGENDA99'0AN 19.WPD W. Robert Herbert January 21, 1999 Page 2 p¢~ The Honorable Virginia The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia Julian H. Raney, Jr., Chief Judge, General District Court George W. Harris, Jr., Judge, General District Court Vincent A. Lilley, Judge, General District Court William D. Broadhurst, Judge, General District Court Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation, P O. Box 2235, Tallahassee, Florida 32316 The Honorable David C. Anderson, City Treasurer W. Robert Herbert, City Manager Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Belinda Edwards, Manager, R & B Communications, P. O. Box 174, Daleville, Virginia 24083 Ralph D'Esposito, Manager, KMC Telecom of Virginia, Inc., 1545 Route 206 Suite 300, Bedminister, New Jersey, 07921 Mike R. Rieley, Area Manager, Bell Atlantic, 5415 Airport Road, N. W., Roanoke, Virginia 24012 Renee Hammond, Area Manager, Bell Atlantic, 13100 Columbia Pike Pod B30, Silver Spring, Maryland 20904 Ronald S. Albright, Clerk, General District Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate James D. Grisso, Director of Finance Dana D. Long, Chief, Billings & Collections Gerri K. Rorer, Tax Compliance Administrator H:~AGENDA99~JANI9 WPD 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1999. No. 34137-011999. 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 often (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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32-282, Compensation of seller, of the Code of the City of Roanoke (1979), as amended, is amended and reordained to read and provide as follows: §32-282. Compensation of seller. Whenever the tax levied by this article is collected by the seller acting as a tax collecting medium or agency for the city and remitted by the seller to the city in accordance with section 32-277, such seller shall be allowed as compensation for the collection and remittance of this tax, three (3) percentum of the amount collected. The seller shall deduct this compensation from the remittance made to the city treasurer in accordance with section 32-277. No compensation shall be allowed to any seller when the amount due is delinquent at the time of remittance. 2. The Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of the following new section: {}32-283. Penalty. for late remittance. If any seller shall fail or refuse to remit to the treasurer the tax required to be collected and paid under this article, within the time specified by section 32-277 and in the amount specified in this article, there shall be added to such tax by the director of finance a penalty of ten (10) percent of the amount of the tax. 3. This ordinance shall be in full force and effect on and after February 1, 1999. ATTEST: City Clerk. JAMES D. GRISSO Director of Finance CITY OF ROANOKE!ii DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 R O. Box 1220 '~ ~ ? Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director January 4, 1999 Honorable Mayor and Members of City Council Roanoke, Virginia SUBJECT: Recommended Changes to Local Telephone Surcharge (E-911) Tax Dear Mayor Bowers and Members of Council: In the administration of local taxes it is standard business practice to provide for 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 know as the 'E-911 Tax" for late remittance. Further, 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 3 percent 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 that 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. Currently, §32.282 of the City Code does not provide the corresponding language to disallow the seller's discount on late remittances. However, the Code provides for a Class 4 misdemeanor for failure to pay. In order to insure prompt payment of the E-911 Tax and to be fair and consistent with the collection of the local taxes, we recommend the City Code be changed to provide for a late payment penalty of 10% of the tax due. We also recommend that the seller's discount not be allowed when the payment is late. It is our recommendation that these changes become effective February 1, 1999. We recommend this change to strengthen the City's efforts for the prompt collection of this tax. The Honorable David Anderson, City Treasurer, concurs with the request to Honorable Mayor .and Members of City Council January 4, 1999 Page 2 change the E-911 Tax Code. have on this matter. Sincerely, Director of Finance I will be pleased to answer any questions that you might JDG:s C: W. Robert Herbert, City Manager ~Arflburn C. Dibling, Jr., City Attorney David C. Anderson, City Treasurer Jesse A. Hall, Deputy Director of Finance Dana D. Long, Chief, Billings & Collections Gerri K. Rorer, Tax Compliance Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1999. No. 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. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The meeting of City Council regularly scheduled to be held at 12:15 p.m. on Monday, February 1, 1999, in City Council Chambers at 215 Church Avenue, S. W., is hereby rescheduled to be held at 11:30 A. M., Mondayl February 1, 1999, in the Emergency Operations Center Conference Room, Room 159, First Floor, Municipal Building, in the City of Roanoke, with the 2:00 p.m. session on the same date to be held in City Council Chambers at 215 Church Avenue, S. W. 2. Resolution No. 33896-070698, adopted July 6, 1998, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to February 1, 1999. ATTEST: City Clerk. Ad Number: 1062587 The Roanoke Times Publisher's Fee: $103.39 ROANOKE CITY CLERK'S OFF ATT: MARY PARKER, CLERK 215 CHURCH AVE SW RM 456 ROANOKE, VA 24011-1536 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 01/24/99 FULL RUN - Sunday 01/24/99 FULL RUN - Sunday Witness, this 25th day of January 1999 Authorized Signature Building, in the City of et 2~6 C~re~ Awlme, S.W~. 2. Ree~ltlml NO. ~ 07~, ~ Ju~ e, ~F.~ (~ Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk January 21, 1999 File #237 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, January 19, 1999, Council Member Swain requested specific information on an advisory committee that was referred to during a briefing on the Storm Water Management Plan; 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. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Kit B. Kiser, Director, Utilities and Operations HSAGENDA99'JAN 19.WPD Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk January 21, 1999 File #20-137 Sandra H. Eakin Deputy City Clerk Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, January 19, 1999, Council Member Swain requested that the City Attorney prepare the proper measure increasing the fine for traffic infractions 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 you for preparation of the proper measure. Sincerely, Mary F. Pa~er, CMC/AAE City Clerk MFP:Io H:~AGENDA99',JAN 19 WPD Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk January 21, 1999 File #314-335 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, January 19, 1999, Council Member Wyatt advised that effective July 1, 1999, under current State laws, 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. 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 assessment(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. Ao Provide information on plans or projections for addressing the unmet needs/gaps in service or programs. H:~.GENDA99~JAN 19. WPD W. Robed Herbert January 21,1999 Page 2 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. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Dr. Fred P. Roessell, Executive Director, Blue Ridge Community Services, 301 Elm Avenue, S. W., Roanoke, Virginia 24016 Glenn D. Radcliffe, Director, Human Development H:~AGENDA99~ANI 9 WPD Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 January 19, 1999 Council Members: C. Nelson Harris W. Alvin Hudson Carroll E. Swain James O. Trout William White, Sr. Linda F. Wyatt The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia SUBJECT: Request for Information on the Services and Funding Streams for Blue Ridge Community Services Dear Mayor and Members of City Council: Effective July 1, 1999, under current state laws, City Council will be required to approve a performance contract for Mental Health/Mental Retardation/Substance Abuse Services (MH/MR/SAS) for services to be provided to City residents. Since we are also preparing for budget study for Fiscal Year 1999-00, I propose that, by March 15, 1999, the City Manager provide the following information regarding the services provided by Blue Ridge Community Services: 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. · B. 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 MH/MR/SAS population that have been identified and how those gaps/needs were identified. A. Provide information on plans or projections for addressing the unmet needs/gaps in services or programs. The Honorable David A. Bowers, Mayor and Members of City Council January 19, 1999 Page 2 I believe this information will be helpful in educating City Council about the services provided by BRCS prior to approval of the required performance contract. Respectfully, LFW:GDR:afrn Linda F. Wyatt City Council Member cc: Mary F. Parker, City Clerk Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk January 21,1999 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, January 19, 1999, the City Manager tendered his resignation, effective April 9, 1999, at 5:00 p.m. On motion, duly seconded and unanimously adopted, Council accepted the resignation with regret and requested that the City Attorney prepare the proper measure appointing James D. Ritchie as Acting City Manager, effective April 9, 1999, at 5:01 p.m., at a salary to be determined by the Members of Council; and the City Manager, City Attorney and City Clerk were requested to provide Council with appropriate information in regard to the process for filling the vacancy. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: James D. Ritchie, Assistant City Manager Kenneth S. Cronin, Manager Personnel Management H:~AGENDA99~IAN 19.WPD Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Janua~ 22,1999 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your communication tendering your resignation as City Manager, effective April 9, 1999, at 5:00 p.m., was before the Council of the City of Roanoke at a regular meeting which was held on Tuesday, January 19, 1999. On motion, duly seconded and unanimously adopted, Council accepted your resignation with regret. Sincerely, Mary F. Parker, CMG/AAE City Clerk MFP:Io H:L&GENDA99~IAN 19.WPD January 19,1999 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: It is with great anticipation and pride that I look to the future as the city of Roanoke enters the new millennium. Under the leadership of City Council and the support of all its citizens, my staff and I have spent considerable time and effort ensuring that a positive future lies ahead for this city. I have been honored to assist in projects like saving Hotel Roanoke, passing of a $39 million capital improvement bond referendum and fostering regional cooperation in the development of a new air terminal and water and sewer projects. My role in these projects has been very rewarding, professionally and personally. However, as I enter my 14th year as city manager, I have spent considerable time thinking about my future. It is with mixed emotions that I have decided to accept a fellowship in Virginia Tech's Center for Organizational and Technological Advancement (COTA). Therefore, I formally submit my resignation as your city manager, effective April 9, 1999, at 5:00 p.m. As a COTA fellow, I will travel throughout the Commonwealth, identifying training and educational opportunities for governmental and non-profit entities. In addition, I will have the opportunity to advance the mission of the Hotel Roanoke Conference Center, a project that I spent six years helping to create. Virginia Tech has a strong relationship with the city of Roanoke and it is my desire to see this relationship continue to grow and flourish. This decision has been difficult. I truly love and respect the people who work here and you should feel confident that this city can boast a number of strong, competent and talented individuals who have the leadership capabilities to keep this city moving forward. The city manager's job is clearly a leadership position, but I could not have had such a lengthy and successful tenure without the dedication and support of City Council, city employees and citizens. We have truly worked as a team. Thank you for your understanding and support, but it is now time for me to take a new turn. I will continue to make Roanoke my home and it is my hope that I can continue to serve this special community in a new way. Again, it has been an honor serving you and the citizens of Roanoke. Sincerely, W. Robert Herbert City Manager FROM : GOOD SAMARITAN HOSPICE PHON~ NO. : 540 776 0841 Jan. 19 1999 05:55PM Pi Statement of Vice-Mayor Nelson Harris It was with regret that I, along with the other members of Roanoke City Council, accepted the r~ignation of Robert Herbert as city manager. Mr. Herbert has provided this community with vision, leadership, mid a strong commitment to public service as he has guided Roanoke for over a decade. His leadership has allowed Roanoke to be economically strong at a time when Virginia's cities are fiscally-stressed. Roanokcrs can b~ proud of his service and r~cord of act, omplishmcnts. I personally wish for Mr. Herbert and his family the very best in all their future endeavors, especially in th~ n~w relationship wilh Virginia Tech. 3AN-19-1999 18:03 540 ??G 0841 P.01 DAVID A. BOWERS Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 Janua~ 19,1999 Council Members: C. Nelson Harris W. Alvin Hudson Carroll E. Swain James O. Trout William White, Sr. Linda F. Wyatt The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: I truly appreciate the years of service and dedication that Mr. Herbert has given to the City of Roanoke and to its citizens. As Bob moves forward to his new position at Virginia Tech and a new phase in his life and his career, I sincerely wish for him the best in this new endeavor. Sincerely, Council Member LFW:ec 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 January 21, 1999 File #249 Mr. and Mrs. Kinzer Otterman 601 Allison Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. and Mrs. Otterman: Your Petition for Appeal from a decision of the Architectural Review Board in connection with property located at 601 Allison Avenue, S. W., was before the Council of the City of Roanoke at a regular meeting which was held on Tuesday, January 19, 1999. On motion, duly seconded and adopted, Council reversed the decision of the City of Roanoke Architectural Review Board on November 12, 1998, and authorized issuance of a certificate of appropriateness for alterations of 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. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Robert B. Manetta, Chair, Architectural Review Board, 2831 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Evelyn S. Lander, Chief, Planning and Community Development W. Robert Herbert, City Manager Fact 1. A small group of hard-core preservationest have made decisions for the Old Southwest neighborhood through the Architectural Review Board, without regards to the the feelings of the property owners in the Old Southwest. Some of these persons have sold their properties when property values have increased, moved out of the neighborhood, leaving the long term property owners, whom really care about neighborhood to bear the burden of restrictions placed on property. 2. Architectural Review Board did not inform us that we had thirty (30) days to appeal their decision of denial of our request ot City Council. 3.The Architectural Review Board has not been diligent their efforts to see that property owners in Old Southwest are aware of restrictions placed upon property. A. The staff has not sent letters to property owners regarding restrictions or changes made in 'guidelines, nor notified property owners of public hearings on these matters by letter. B. Old Southwest Inc., has not diligently informed all property owners of restrictions or changes in guidelines they favored. C. Decisions for the H-2 district have been made by a few hard-core preservationest. 4. A group of concerned residents of Old Southwest held a meeting on October 1998 to discuss the direction our neighborhood was going. The meeting was to see if enough people were interested in pursuing a change~ Out of this meeting of 30 some residents of Old Southwest came a desire to work for changes and a better quality of life for residents of Old Southwest. A. A slate of officers was drawn up, flyers distributed to every home in Old Southwest, listing slate of officers to be nomimated from floor at the November 1998 elects'on of officers for Old Southwest, Inc. This flyer gave information as to the directions these nominees would lead the neighborhood, information on membership, attend November election and vote. With 101 members voting, the new slate of officers nominated from the floor were elected. Fact: Showing the neighborhood wanted a change. 5. Realtors are not giving prospect buyers information on restrictions in the H-2 District, such as "Working with the ARB" in their marketing of properties, thus creating confusing among new property owners. 6. Ms. Lander's statement to Otterman's in letter dated Nov. 19, 1998 that the ARB had not previously approved installation of vinal soffit which ran perpendicular and that for many years the board has required the installation of siding consistent with adopted guidelines. A. Fact: over 200 homes in Old Southwest have vinyl soffit on them. (5 homes being covered with vinyl soffit since December 1998.) 7.When the Otterman's begin to question how so many homeowners had been able to cover overhangs and dormers with vinyl soffit, ff ARB had never approved iL ( Ms. Lander stated in a letter dated December 16, 1998, page 2, "that the Roanoke City Architectural Review Board has not approved the installation of vinyl soffit material on a structure in the Southwest Historic District since the adopion of the design guidelines on August 10, 1995." Fact: 3 houses in the 600 block of ?,lllson Ave., SW have had vinyl soffit applied since 1995. One as recent as summer 1997, aH displaying building permits. No letters were sent to property owners prior to this adoption of design guidelines on Aug. 10, 1995 nor after adoption. 8. At the January 12, 1999 Old Southwest board meeting, Ms. Lander stated that the designation of the Historic District had increased property values tremendously ant that she asked Mr. 2 Erin Lang to do a study of property value increases on Woods Ave., SW. Mr. Lang stated that property values on Woods Ave., had more than doubled. Fact: There are 15 houses wituin 4 blocks of Woods Ave. that are covered with vinyl soffit, thus proving that the use of vinyl soffit has not hurt the value of property. Fact: House on Woods Ave. had already begun to be renovated before the H-2 designation. 9. Question on covering overhang, eves and dormers with any material other than vinyl soffit. Fact: At the Dec. 3, 1998 vinyl workshop, Mr. Joe Cook, owner of Cook Siding and Window Co. told the ARB that there was no material made and warrented to cover overhang, eves and dormers in the manner the ARB wanted, therefore he would not allow his company to do work in the Old Southwest as he could not warrent work done in this manner. 10. When we appeared before the ARB on Nov. 12,1998 presenting our request for Certification of Appropiateness, after we left there was laughter and jokes made about vinyl sofBt by ARB members and staff. 11. There is no material manufactered at the present time that is warrented to cover work we request other than vinyl soffit. 12. On Jan. 12, 1999, (Old Southwest Boardmeetlng) Ms. Lander stated that the city did not have inspectors to police work done in neighborhood and that we surely did not want tax-payers, money spent on hiring someone to police work done in neighborhood. She stated that, we, as property owners, should report to her office anything we felt might be a violation and then someone from her office would come to inspect. This statement coming from an official of the City of Roanoke is pitting neighbor against neighbor, causing discord among residents instead of promoting harmony and good will-thus losing a quality of life that ensures a happy environment. ,.lanette ave 417 505 5O9 521 524 528 531 532 536 Albermarle 115-113 117 203 207-207a 2~,7 343 349 353 364 371 377 381 383 401 415 / Soffit in Old Southwest King George ave Woods Allison Walnut 333 418 422 426 501 510 516 518 531 /o Washington 375 380 411 ~ 354 366 367 409 425 410 429 413-415 430 417-419 508 502 517 505 516 509 521 513-515 525 528 528 609 540 662~~ ~. ~ 608 /~' 613-615 617 635 Highland Mountain 117 121 107 201 114-116 324 119 350 305 355 311r0 368 413 410 419 430 432 434 434 440 ~ 444 515 445 532 509 526 514 527-525 537 5;~1, 546 543 547 601 550 ~ 549 16 '24 343 364 411 ~24~ 514 534 ~02 610 614 636 /5'- 112 '118 368 374 421 422 533 535 601 607 610 626 632 642 Day 353 419 -429 437 505 511 513 522 524 535 540 549 620 630 635 637 821 829 834 836 1st 814-812 925 I O09 Marshall 538 546 616 618 628-630 714 817 819-821 826 828 829 832 844-846 856 90.1_-.. Ferdinand 805 821 917 909 905 2nd 3rd 922 917 926 1014 928 1223 1017-1019 1240 ...~101~ 1320 1321 ~ 1325 Maple 1305 1326 1332 1344 1348 1356 1360 1406 1412 1416 1432 1509 4th 401-403._ Clarke 1322 1326 1331 1330 1344 1345 1351 1415 1419 T Hallmark Cards, Inc. VIRGINIA: IN THE COUNCIL OF THE CITY OF /~oANoKE IN THE MATTER OF PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.1-642(d) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of the Petitioner(s): ~.t~£R H J~Ro~,J 2. Doing business as (if applicable): Street address of propert_y which is the subjec/t of this appeal: ~/ /~,~,LI~o~ Overlay zoning (H-l, Historic District or H-2, Neighborhood Preservation District) of property or properties which is the subject of this appeal: Se e Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: I/- Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section, 3~.l-327, if H-l, or Section 36.1-345, if H-2): ~i.-~/~/ ~./:-~- Description of the request for which the Certificate Appropriateness was sought from the Architectural Review Board: ~'~ 8. Grounds for appeal: , . fi) ho .s . November 14, 1998 601 AIIlison Ave. S.W. Roanoke, VA 24016 The Honorable David Bowers Mayor, City of Roanoke Roanoke, VA 24016 November 14, 1998 Dear Mr. Mayo[, My husband called Ms. Lander with the ARB asking for approval of a Certificate of Appropriateness to cover only the upper wooden portion of our home with coil stock and vinyl soffit. She stated the certificate could not be issued, as the ARB no longer approved of vinyl soffit for trimming overhangs on houses in the H-2 district. We appeared before the ARB meeting on November 12, 1998 stating our request and reason for request. Mr. Otterman has retired and in adjusting to a fixed income, we want to maintain our home in the manner we have for 30 years. The last two times we had trim work painted, we found it very difficult to get quality painters who wanted to climb the height required on our house. The house has 3 dormers (see attached photo, view from 6th street S.W.) and the Allison Ave. side requires an extension ladder over 50 ft. to reach the dormer and overhang. This makes the cost of labor prohibitive, if we find a painter willing to do the job. Since lead has been removed from the paint, we find it necessary to paint at least every four years to maintain the wood in the present condition. We do not wish to cover the lower portion or the porch with soffit as we can get this painted within our budget. Also, we feel that soffit trim on porches would negatively impact the architectural characteristics that provide a link between the past and present. Within a five block radius of our house, 89 out of 225 homes homes have the same covering of trim work that we request from the ARB, making about 1/3 of the houses already covered by this material. This work has been done throughout our neighborhood since the city designated the area a historical district. When we talked with Ms. Lander about getting approval, a property owner across the street from us was having the exact same work that we were requesting done on his home. He was displaying a work permit from the city, which we informed Ms. Lander about. While waiting for the date of the ARB meeting, a home owner in the 600 block of Woods Ave. had the exact same work that we were requesting done to his home. From full view of our house, a home owner on Walnut Ave. has covered the back portion of a remodeled upper and lower addition exactly the way that we would like to have ours done (this was being done also while we were waiting for the ARB meeting). This owner also displays a building permit. Even with all of these examples of comparable work being done to other people's homes within the same time period, we were singled out for refusal of our Certificate of Appropriateness by Ms. Lander and the ARB. Within the past 3 years, 3 homes on our block have had this work done, one as recent as a year ago. In the 400 block of Woods Ave. a home owner had the same work done during the summer, displaying a building permit. We have no ornate design that would be removed or covered by our request (see photo). Why are we being discriminated a~ainst by the City of Roanoke? In receiving the "Working with the ARB" material, architectural design guidelines for the H-2 district, I can find no definite reason that vinyl soffit material cannot be used to cover overhangs and eaves. In reference to city code section 36.1 - 345, section C: The installation or replacement of siding or replacement of porches, stairs, awnings, roofing materials, windows or other similar modifications to an element of a building, structure, or landmark shall not require a Certificate of Appropriateness , provided that such installation or replacement is performed using materials which are of the same design as those on the building structure or landmark and provided that installation or replacement maintains the architectural defining features of the building structure or landmark. The reason for the ARB refusing us the permit is that vinyl soffit material runs vertically instead of horizontally to the wood on our house. Vinyl soffit is manufactured and warranteed to be installed vertically. The ARB members agreed with us that they knew of no other material other than vinyl soffit that was warranteed by a manufacturer to cover overhangs and eaves. However they wanted us to use other material or run the soffit horizontally, thus losing the manufacturer warranty by not installing the material properly. Mr. Otterman is a retired home improvement salesman who worked for Rusco window Co. He has over 30 years experience in the field of siding and trim. With this experience, he knows what material should be used and how it should be installed for a satisfactory job. We do not wish to experiment with covering our overhang and eaves as the ARB request we do. We know of three homes on Woods Ave. and one on 4th St. S.W. that the original wooden eaves and overhang run exactly like our vinyl soffit would run if the request for a Certificate of Appropriateness had been approved. Mr. Mayor, with the present attitude of Ms. Lander and the ARB members, we are losing sight of the quality of life in our neighborhood and moving towards a dictatorial system of power in the H-2 district, thus causing discrimination against property owners. This is happening not only in our request but in other requests such as height of fences, changing of window design and replacement of roofs, to mention just a few instances. Some people can do what they want while others cannot. This is a disturbing trend among our residents. We have lived in Old Southwest for 42 years and there is more discontent among residents now than we have ever seen. We approve of the H-2 district as do most residents and it has improved our property values, but our quality of life is deteriorating. We feel that there is no consistency in the implementation of the regulations and a dwindling desire to work with all of the residents of Old Southwest in a fair and just manner. We need to keep up our properties in ar) affordable manner and in such a way that that is consistent with the guidelines determined by the material manufacturers. Keeping homes up and in good repair preserves the home and is also a factor in maintaining and increasing property values. We are hoping that you and the City Council members do not intend to make housing repairs prohibitively expensive for residents who genuinely care about the appearance and historical integrity of their homes. Based on these stated facts, we are asking you and City Council members to allow us to keep up our homes with vinyl soffit and coil stock on overhangs, dormers, eaves, windows and doors on the upper portions of the house as has been done throughout the neighborhood. To deny this request would leave us with a bitter pill to swallow, as from our kitchen window we view 5 houses that have had the same work done, from our front and side porch we view another 4 or 5 houses with soffit installed on their homes. Thank you for the attention to this letter. Respectfully yours, Kinzer Otterman Carolyn C. Otterman 601 Allison Ave. S.W. Roanoke, VA 24016 Council Members Rev. Harris Mr. Hudson Mr. Swain Mr. Trout Mr. White Ms. Wyatt Roanoke City Architectural Review Board Mr. and Mrs. Kinzer Otterman 601 Allison Avenue, S. W. Roanoke, VA 24016 Dear Mr. and Mrs. Otterman: November 19, 1998 SUBJECT: Application for Certificate of Appropriateness, No. 98-034 601 Allison 'Avenue, S. W. The Architectural Review Board of the City of Roanoke, Virginia considered your request for a Certificate of Appropriateness to install vinyl soffit material on the building at 601 Allison Avenue, S. W. and your request was denied by a vote of 5-0. After considerable discussion by Board members, its staff, and the public, the board found that installation of vinyl soffit material in the overhangs of the building and the dormers was not consistent with the adopted architectural design guidelines because it is constructed to be installed to run perpendicular to the building and would adversely affect one of the distinguishing architectural features of the building. It was noted that the Board had not previously approved installation of vinyl soffit which ran perpendicular and that for many years the board has required the installation of siding consistent with adopted guidelines; that is, if vinyl siding is installed, the covering of soffits is done in a manner that is consistent with the original design of the building (usually smooth surface or parallel boards). The Board also advised that a workshop on vinyl siding applications and materials was scheduled for December 3; 1998 and that area contractors and suppliers had been working closely with the Board's staff on alternative materials and appropriate installation that were consistent with historic materials and the district. There are several examples of successful soffit installations in the City as was demonstrated by projects shared with the Board at the meeting. I hope that you will join us at the workshop on December 3 and that, working together, we can find a solution that is acceptable for you and appropriate for the historic district. Please let me know if you have any questions. I look forward to working further with you on this matter. Sincerely, Evelyn S. Lander, Secretary Architectural Review Board Roanoke City Architectural Review Board January 19, 1998 Mayor David A. Bowers and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Appeal of Architectural Review Board Decision Carolyn Otterman - 601 Allison Avenue, S. W. Background: A. Property_ at 601 Allison Avenue, S. W. is located in the Ci _ty's H-2, Neighborhood Preservation District, which requires a Cert!ficate of Appropriateness approving exterior construction changes as established in Sections 36.1-342 - 349 of the Code of the City of Roanoke (1979), as amended. (See Attachment A - H-2, Neighborhood Preservation District regulations.) More specifically, the applicable H-2 District regulations are: 1. Section 36.1-345(a) - In order to encourage the preservation and enhancement of the district and encourage the rehabilitation and new construction in conformance with the existing scale and character of the district, the Architectural Review Board shall review and approve the erection of new buildings or structures, including signs, demolition, moving, reconstruction, alteration or restoration, of existing structures and buildings, or reduction in their floor area, including the enclosure or removal of a porch. No such erection, demolition, moving, resconstmction, alteration, restoration, or enlargement or reduction of a structure, or building, shall be undertaken without the issuance of a certificate of appropriateness. Section 36.1-345(c) - The installation or replacement of siding, or the replacement of porches, stairs, awnings, roofing materials, windows, or other similar modifications to an element of a building, structure, or landmark shall not require a certificate of appropriateness provided that such installation or replacement is performed using materials which are of the same design as those on the building, structure or landmark, and provided that such installation or replacement maintains the architectural defining features of the building, structure or landmark. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 In reviewing applications for a certificate, the Board is guided by standards set forth in Section 36.1-347 and by adopted Architectural Design Guidelines for the H-2 District which were adopted in August 1995. The adopted guidelines were developed with citizen input and were the subject of numerous public and neighborhood workshops during 1993-95 to identify rehabilitation and construction issues and alternatives. (See Attachment B - Architectural Design Guidelines.) More specifically, the applicable H-2 district regulations and guidelines are: 1. Section 36.1-347(a) - Where new buildings, structures, or structural enlargements or reductions are proposed, the design should be compatible with or enhance those special visual and spatial qualities that the H-2 district is established to protect, including height and scale of buildings, orientation, spacing, site coverage, and exterior features such as porches, roof pitch and direction, and landscaping. Section 36.1-347(b) - Every reasonable effort should be made to minimize alteration of the structure or site and its environment. o Section 36.1-347{d) - Where design guidelines have been established and officially adopted for a district or portion of a district, any new erection or structural enlargement or reduction in floor area shall be in conformance with those guidelines. Siding ,/ Section - H-2 .~rchitectural Design Guidelines Historic siding is a distinctive feature of many Roanoke residences. Changing or covering siding can often alter or destroy the authentic character of a building. When replacement and substitute siding (vinyl or aluminum) is to be applied, maintain the architectural characteristics of a building by following these guidelines: · Limit the use of substitute sidings to wall surfaces, not architectural elements, such as door and window frames or porch fascia and trim. · Install the siding in the same direction as the existing siding. · Do not install vinyl siding under eaves and overhangs with seam perpendicular to the building; use siding that runs parallel to the building. Co In October 1998, the applicant requested the installation of vinyl siding in the soffits (or overhang) on the structure located at 601 Allison Avenue, S. W. and completed an application for a Certificate of Appropriateness which was forwarded to the Architectural Review Board for review and action. (See Attachment C - Application for a Certificate of Appropriateness.) D° The Architectural Review Board discussed this matter on November 12, 1998. The Board informed the applicant that on December 3rd the Board and Old Southwest would hold a workshop and that the application of vinyl siding to soffits would be II. III. one topic. In light of the upcoming workshop, the Board offered the applicant the opportunity to continue the request to the next Architectural Review Board meeting so that they could attend the workshop on vinyl siding and thereby have an opportunity to explore reasonable alternatives that might be acceptable to all parties. However, the applicant requested Board action and the Board then unanimously denied the issuance of a Certificate of Appropriateness. (See Attachment D - Architectural Review Board decision.) The Board found that: "The installation of vinyl soffit material in the overhangs of the building and the dormers was not consistent with the adopted architectural design guidelines for the district because it is constructed to be installed to run perpendicular to the building and would adversely affect one of the distinguishing architectural features of the building." By letter dated November 14, 1998, the applicants notified Council members of their displeasure with the Board actions. In accordance with Section 36.1-642(d) of the Code of the City of Roanoke (1979), as amended, any applicant who is aggrieved by a decision of the Architectural Review Board may appeal their decision to City Council withing thirty days of the Board's decision. On 12/29/98, a formal appeal was filed with the City Clerk. Although this appeal was received by the City Clerk after the thirty day provision, City Council may waive the appeal period given the fact that the correspondence directed to Council members was mailed within the thirty day period and the Board's order did not advise the applicants of their right to appeal. City Council may reverse or modify_ the board's decision, in whole or in part, or it may refer the matter back to the board, or affirm the decision of the board. Immediately upon approval by the board or the city council, on appeal, a certificate of appropriateness shall be issued. Issues: A. Compliance with H-2, Neighborhood Preservation District, ordinance regulations and adopted Architectural Design Guidelines for the H-2 District. B. Consistent and equitable decisions of Architectural Review Board in H-2 District. C. Architectural integri _ty of Southwest Historic District. Alternatives: A. Affirm the decision of the Architectural Review Board. Siding is applied in compliance with architectural guidelines adopted for the District. Decision is consistent with past decisions of the Board. Architectural integrity of the district is maintained. Soffit features are appropriately maintained to contribute to the overall appearance of the structures and streetscape in the District. Members of City Council January 19, 1999 Page 4 B. Reverse or modify the decision of the Architectural Review Board. C. Refer the matter back to the Architectural Review Board for additional consideration. IV. Recommendation: It is recommended that Council affirm the decision of the Architectural Review Board. The Board's decision is consistent with the adopted Architectural Design Guidelines for the H-2 District. Affirmation of the Board's decision will maintain consistency in preserving the contributing architectural features in the district and sustain the Board's decisions with regard to the treatment of those architectural features. Mr. Robert Manetta, Chairman of the Architectural Review Board, and Evelyn Lander, Secretary to the Board, will be at Council's meeting on January 19th and will be prepared to comment on the Board's decision and answer questions that you may have. Respectfully submitted, Robert B. Manetta, Chairman Architectural Review Board CC: City Attorney Assistant City Attorney City Manager §36.1-331 ROANOKECODE (d) In order to fall within the provisions of this section, an offer to sell must be made within one (1) year after a final decision by the city council. Thereafter, in order to raze or demolish a build- ing, structure, or historic landmark an owner must renew his request to the city council to approve such razing or demolition. (e) Any appeal taken pursuant to the previous section shall not affect the right of the owner of a building, structure, or historic historic landmark to make the bona fide offer to sell referred to above. (Ord. No. 28611, § 2, 4-27-87) Secs. 36.1-332-36.1-341. Reserved. Subdivision D. H-2, Neighborhood Preservation District Sec. 36.1-342. Intent. The designation of the H-2; neighborhood preservation district is intended to ensure the preservation of buildings which, in their aggregate or individually, are of special community signifi- cance. The general intent includes, among others, the following specific purposes: (a) Encourage preservation, protection, and enhancement of streetscapes, structures and areas of architectural, historic or cultural importance; (b) Encourage new construction, or alterations which are com- patible with the existing scale and character of surrounding properties; (c) Encourage the rehabilitation and continued use of existing buildings rather than their demolition. (Ord. No. 28611, § 2, 4-27-87) Sec. 36.1-343. Designation. The city council may, in the manner provided for amending, supplementing or changing this chapter, including the official zoning map, designate as an H-2 district appropriate areas: (a) That contain landmarks, buildings, or structures on the ' ,rginia Landmarks Register or on the National Register of His- Supp. No. 18 2958 Attachment A ZONING § 36.1-345 toric Places, which are eligible for inclusion on such registers or which individually or collectively represent a distinguishable en- tity of local historic, cultural or architectural importance; (b) Adjacent to landmarks designated as historic by the Vir- ginia Division of Historic Landmarks or adjacent to other build- ings, structures, landmarks, or areas having important historic, architectural or cultural interest; or (c) That contain buildings or places in which historic events occurred or which have special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community, or are of such significance as to war- rant conservation and preservation. (Ord. No. 28611, § 2, 4-27-87) Sec. 36.1-344. Application of the district. Any H-2 district designated by the city council shall be shown as an overlay to the existing underlying district with the desig- nation H-2 on the official zoning map, as amended. As such, the provisions in this division shall serve as a supplement to the underlying zoning district regulations. The uses, housing, types, minimum lot requirements, minimum yard requirements, max. imum height, accessory uses and signs shall be determined by the regulations applicable to the other districts over which the H-2 district is superimposed. Where a conflict exists between the pro- visions of this division and those of any underlying zoning dis- tricts, the more restrictive provisions shall apply. (Ord. No. 28611, § 2, 4-27-87) Sec. 36.1.345. District regulations; certificate of appropri. ateness. (a) In order to encourage the preservation and enhancement of the district and encourage the rehabilitation and new construc- tion in conformance with the existing scale and character of the district, the architectural review board shall review and approve the erection of new buildings or structures, including signs, the demolition, moving, reconstruction, alteration or restoration, of existing structures and buildings, or reduction in their floor area, including the enclosure or removal of a porch. No such erection, Supp. No. 28 2959 ZONING § 36.1-349 stated intent of the H-2 district and by the standards and guide- lines set forth below: (a) Where new buildings, structures, or structural enlarge- ments or reductions are proposed, the design should be compat~ ible with or enhance those special visual and spatial qualitie~ that the H-2 district is established to protect, including height. and scale of buildings, orientation, spacing, site coverage, and exterior features such as porches, roof pitch and direction and landscaping. (b) Every reasonable effort should be made to minimize alter- ation of the structure or site and its environment. (c) Contemporary design for new construction and enlarge-. ments to existing properties should be compatible with the dis- tinguishing characteristics of the surrounding properties and the district. (d) Where design guidelines have been established and offi'- cially adopted for a district or portion of a district, any new erec- tion or structural enlargement or reduction in floor area shall be in conformance with those guidelines. (Ord. No. 2861.1, § 2, 4-27-87) Sec. 36.1-348. Demolition. The board shall issue a certificate of appropriateness for dem- olition of a building, structure, or historic landmark within the district where it finds that: (a) Loss of the structure would not be adverse to the district or the public interest by virtue of its uniqueness or its significance to the district. (b) Demolition would not have an adverse effect on the char- acter and surrounding environment of the district. (c) Where demolition is in conjunction with a proposed new use of the site, such use satisfies the intent and standards of the H-2 district. (Ord. No. 28611, § 2, 4-27-87) Sec. 36.1-349. Demolition; offer to sell. In addition to the right of appeal as set forth in section 36.1. 643, the owner of a building, structure or historic landmark within Supp. No. 27 2961 § 36.1-349 ROANOKE CODE the district, shall have the right to demolish such historic land- mark, building, or structure in accordance with the application and sale provisions of section 36.1-331. (Ord. No. 28611, § 2, 4-27-87) Secs. 36.1-350-30.1.359. Reserved. § 36.1-345 ROANOKE CODE demolition, moving, reconstruction, alteration, restoration, or en- largement or reduction of a structure, or building, shall be un- dertaken without the issuance of a certificate of appropriateness by the board, unless otherwise specified herein. (b) The palnting or ordinary maintenance ofany building, struc. ture or historic landmark in the district shall not require a cer- tificate of appropriateness. Ordinary maintenance shall be any activity relating to a building, structure, or landmark which con- stitutes a minor alteration of any element of a building, struc- ture, or landmark, and which is, or should be, performed on a regular and relatively frequent basis to maintain architectural and structural integrity. (c) The installation or replacement of siding, or the replace- ment of porches, stairs, awningsi roofing materials, windows, or other similar modifications to an element of a building, structure, or landmark shall not require a certificate of appropriateness, provided that such installation or replacement is performed using materials which are of the same design as those on the building, structure or landmark, and provided that such installation or replacement maintains the architectural defining features of the building, structure or landmark. (d) The determination of whether an activity constitutes ordi. nary maintenance, or whether an installation or modification oth- erwise requires a certificate of appropriateness, under this sec- tion shall be made by the zoning administrator in consultation with the secretary to the architectural review board. (e) Whenever a certificate of appropriateness is required, no building permit shall be issued until the certificate of appropri- ateness has been granted. The zoning administrator shall make routine inspections of the work being performed pursuant to such building permit to ensure compliance with the terms of the cer- tificate of appropriateness. (1~ This section shall not prevent the demolition or razing of a building, structure, or historic landmark which the building com- missioner certifies in writing is required for public safety because of an unsafe or dangerous condition. ' (g) ~_rter an area has been zoned H-2, the architectural review boara may recommend to the city planning commission that more Supp. No. 28 2960 ZONING § 36.1-347 specific regulations be adopted for that particular district..This section shall be amended as provided for in section 36.1-690, et seq. (Ord. No. 28611, § 2, 4-27-87; Ord. No. 31177, § 1, 9-28-92) Sec. 36.1-346. Procedure for obtaining a certificate of ap- propriateness. Where a certificate of appropriateness is required, the proce- dure for obtaining said certificate shall be as set out in section 36.1-642. (Ord. No. 28611, § 2, 4-27-87) Sec. 36.1-347. Guidelines for new construction or.structural enlargement or reduction. In order to achieve the purposes of the H-2 district, the archi. tectural review board shall be guided in its decisions by the Supp. No. 28 ~.CI~D 1 ~ CITY OF ROANOKE, VIRGI * A Attachment C _____ APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Application is hereby made to the Architectural Review Board of the City of Roanoke, Virginia, for a Certificate of Appropriateness to make the modifications or improvements described below to prop.._.___erty or properties in the H-2, Neighborhood Preservation District, 1. Name of Applicant: 2. Doing business as (if applicable): 3. Address of Applicant: Telephone (office): (home): Location (address) of property or properties for which the Certificate of Appropriateness is requested: ATI'ACH TO THIS APPLICATION THE NAMES AND ADDRESSES OF OWNERS OF THE LOTS OR PROPERTIES IMMEDIATELY ADdACENT TO, TO THE REAR, AND DIRECTLY OPPOSITE THE PROPERTY. e General description of each modification or improvement (please attach scaled draw. ings, photographs, materials, samples and any other items which detad your request). THIS FORM MUST BE COMPLETED IN INK. ANY INCOMPLETE FORM OR FORM LACKING REQUIRED ATTACHMENTS, WILL NOT BE SCHEDULED FOR BOARD ACTION. o Is there any application relevant to this property and the Suoject modifications or improvements pending or contemplated before the Board of Zoning Appeals, City Planning Commission or City Council? yes no (if yes, please specify) Who will represent the applicant before the Architectural Review Board (representative should have authority to commit applicant to make changes that may be suggested by the Board)? Name: Street Address: City/State/Zip: Telephone No.: Signature of owner: Signature (please print or type name) Signature of applicant or agent: (if different from owner) Signature (please print or type) TO BE COMPLETED BY ARB STAFF: Received by: Date: Tax No.: Historic District: APPLICATION TO UNDERTAKE WORK IN A HI,~ORIC DISTRICT CITY OF ROANOKE Date of Application: ~)~. ~.~d) ~, / ~' ~ om u T-- Is a Cerlificate of Appropriaten~s~ ~? yes no If ~ COA numl~r and date: Dezrription of Work to be Undertaken: Please attach pictures of property which illustrate the existing condition of the features proposed for repair, re-construction, or rehabilitation. (These are not required if a Certificate of Appropriateness has been issued.) Contractor lnformAtiom Phone Number: ? ~/g -- g ~-, 3'~' ..... I hereby certify that the work to be undertaken on the property identified above will be done as described and in accordance with the City's zoning regulations for historic districts (Sections 36.1-324 through 36.1- 349 of the Zonl-g Code of City of Roanoke). Signature of Owner/Contractor/Agent:' ~2~.~ City approval: Secretary ARB Building Department Agent Permit Number and Date Issued: Attachment D Roanoke C;ty Architectural Rewew Board November 19, 1998 Mr. and Mrs. Kinzer Otterman 601 Allison Avenue, S. W. Roanoke, VA 24016 Dear Mr. and Mrs. Otterman: SUBJECT: Application for Certificate of Appropriateness, No. 98-034 601 Allison 'Avenue, S. W. The Architectural Review Board of the City of Roanoke, Virginia considered your request for a Certificate of Appropriateness to install vinyl soffit material on the building at 601 Allison Avenue, S. W. and your request was denied by a vote of 5-0. After considerable discussion by Board members, its staff, and the public, the board found that installation of vinyl soffit material in the overhangs of the building and the dormers was not consistent with the adopted architectural design guidelines because it is constructed to be installed to run perpendicular to the building and would adversely affect one of the distinguishing architectural features of the building. It was noted that the Board had not previously approved installation of vinyl soffit which ran perpendicular and that for many years the board has required the installation of siding consistent with adopted guidelines; that is, if vinyl siding is installed, the covering of soffits is done in a manner that is consistent with the original design of the building (usually smooth surface or parallel boards). The Board also advised that a workshop on vinyl siding applications and materials was scheduled for December 3, 1998 and that area contractors and suppliers had been working closely with the Board's staff on alternative materials and appropriate installation that were consistent with historic materials and the district. There are several examples of successful soffit installations in the City as was demonstrated by projects shared with the Board at the meeting. I hope that you will join us at the workshop on December 3 and that, working together, we can find a solution that is acceptable for you and appropriate for the historic district. Please let me know if you have any questions. I look forward to working further with you on this matter. Sincerely, Evelyn S. Lander, Secretary Architectural Review Board 452 M~. ,~c~pal Bui!d n9 2~5 Church A,.enue. $ ,,'..' ~?~n.*~'e '."?~ a 240~ 540:853-2344 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 January 21, 1999 File #249 Mr. and Mrs. Aubrey Hicks 648 Day Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. and Mrs. Hicks: Your Petition for Appeal from a decision of the Architectural Review Board in connection with property located at 648 Day Avenue, S. W., was before the Council of the City of Roanoke at a regular meeting which was held on Tuesday, January 19, 1999. On motion, duly seconded and adopted, Council reversed the decision of the City of Roanoke Architectural Review Board on December 14, 1998, and authorized issuance of a certificate of appropriateness for alterations 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. Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Robert B. Manetta, Chair, Architectural Review Board, 2831 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Evelyn S. Lander, Chief, Planning and Community Development W. Robert Herbert, City Manager ,Y~g: w. c4',,,wl ~ VIRGINIA: Attachment '99 ,I~?!t2 ?2~:i] IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.1-642(d) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of the Petitioner(s): ~&~R~/kW$~ ~/~ 2. Doing business as (if applicable): ~///~ . 3. Street address 0% prop~erty wbic~is th~ s~ect of this appeal: ~ ~ /-/~--~"~'~/ ~/JO/~ ~d/~ 4. Overlay zoning (H-i, Historic District or H-2, Neighborhood Preservation District) of property or properties which is the subject of this appeal: Date the hearing before the Architectural Review Board was held at ~h~ch the decision being appealed was made: Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.1-327, if H-l, or Section 36.1-345, if H-2): ~,/-~ Description of the request for which the Certificate Appropriateness was sought from the Architectural Review Board: Name, title, address and telephone number of person(s) who will represent the Petitioner(s) before City WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) (If not Petitioner(s)): Name: (Print or Type) Name: (Print or Type) Signature of Petitioner(s)  here applicable, sentativ~ (s): Name - .~~/~- ~/6~ ~ ' (P~int or Type) Name,/ ~/~'J,~ ~ /d//~/~; (Print or Type) TO BE COMPLETED BY CITY CLERK: Received by: Date: HARTERED Roanoke City Architectural Review Board January 19, 1998 Mayor David A. Bowers and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Appeal of Architectural Review Board Decision Aubrey and Linda Hicks - 648 Day Avenue, S. W. I. Background: mo In November 1998, the property_ owners of 648 Day Avenue, S. W., located in the City's H-2, Neighborhood Preservation District, were notified that exterior porch construction had been undertaken without a building permit and without the approval of the Architectural Review Board and the issuance of a Certificate of Appropriateness. It was requested that applicants complete an application for a Certificate of Appropriateness which would be forwarded to the Architectural Review Board for review and action. (See Attachment A - Notice of Violation and Attachment B - Subsequent Application for Certificate of Appropriateness.) As established in Sections 36.1-342 - 349 of the Code of the Ci_ty of Roanoke (1979) as amended, a Certificate of Appropriateness is required prior to undertaking certain construction in the District. (See Attachment C - H-2, Neighborhood Preservation District regulations.) More specifically, the applicable H-2 District regulations are: 1. Section 36.1-345(a) - In order to encourage the preservation and enhancement of the district and encourage the rehabilitation and new construction in conformance with the existing scale and character of the district, the Architectural Review Board shall review and approve the erection of new buildings or structures, including signs, demolition, moving, reconstruction, alteration or restoration, of existing structures and buildings, or reduction in their floor area, including the enclosure or removal of a porch. No such erection, demolition, moving, resconstruction, alteration, restoration, or enlargement or reduction of a structure, or building, shall be undertaken without the issuance of a certificate of appropriateness. Section 36.1-345(e) - The installation or replacement of siding, or the replacement of porches, stairs, awnings, roofing materials, windows, or other Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Members of City Council January 19, 1999 Page 2 similar modifications to an element of a building, structure, or landmark shall not require a certificate of appropriateness provided that such installation or replacement is performed using materials which are of the same design a,; those on the building, structure or landmark, and provided that such .installation or replacement maintains the architectural defining features of thc. building, structure or landmark. o In reviewing applications for a certificate, the Board is guided by standards set forth in Section 36.1-347 and by adopted Architectural Design Guidelines for the H-2 District which were adopted in August 1995. The adopted guidelines were developed with citizen input and were the subject of numerous public and neighborhood workshops during 1993-95 to identify rehabilitation and construction issues and alternatives. (See Attachment D - Architectural Design Guidelines.) More specifically, the applicable H-2 district regulations and guidelines are: 1. Section 36.1-347(a) - Where new buildings, structures, or structural enlargements or reductions are proposed, the design should be compatible with or enhance those special visual and spatial qualities that the H-2 districl is established to protect, including height and scale of buildings, orientation, spacing, site coverage, and exterior features such as porches, roof pitch and direction, and landscaping. Section 36.1-347(b) - Every reasonable effort should be made to minimize alteration of the structure or site and its environment. Section 36.1-347(d) - Where design guidelines have been established and officially adopted for a district or portion of a district, any new erection or structural enlargement or reduction in floor area shall be in conformance with those guidelines. Porches Section - H-2 Architectural Design Guidelines ,,r Porches are an important part of the character of Roanoke's residences and neighborhoods. Identify and keep the original materials and features of porches. Important character-defining features include: columns, steps, railings, pilasters, beaded board ceilings, entablature, posts, lattice, decorative trim, and foundation. Replacing Missing Features - Where a porch feature is missing, replace it using materials compatible to the original in size and shape, detail, material, and color and texture. Members of City Council January 19, 1999 Page 3 Where a porch feature, such as a handrail, is missing and there is no evidence of its historic appearance, replace it with a new feature of an appropriate desi~. (See illustration of traditional design for porch railing and baluster in guidelines.) Do On December l 0, 1998, the Architectural Review Board took action on this matte, and denied the issuance of a Certificate of Appropriateness. (See Attachment E - Architectural Review Board decision.) The Board found that: "The installation of the lattice material in this manner was not consistent with the adopted architectural guidelines for the district and was not appropriate to the architectural character of the district. Consequently, the existing porch balustrade construction must be removed" Eo In accordance with Section 36.1 ~642(d) of the Code of the Ci_ty of Roanoke (1979). as amended, any applicant who is aggrieved by a decision of the Architectural Review Board may appeal their decision to Ci_ty Council within thirty days of the Board's decision. On January 12, 1999, a formal appeal was filed with the City Clerk. Ci_ty Council may reverse or modify_ the board's decision, in whole or in part, or it _may refer the matter back to the board, or affirm the decision of the board. Immediately upon approval by the board or the city council, on appeal, a certificate of appropriateness shall be issued. II. Issues: A. Compliance with H-2, Neighborhood Preservation District, ordinance regulation,: and adopted Architectural Design Guidelines for the H-2 District. B° Consistent and equitable decisions of Architectural Review Board in H-2 District. Architectural integri _ty of Southwest Historic District. III. Alternatives: A. Affirm the decision of the Architectural Review Board. 1. Porch reconstruction and balustrade design is in compliance with architectural guidelines adopted for the District. 2. Decision is consistent with past decisions of the Board. 3. Architectural integri _ty of the district is maintained. Porch features are consistent with the remainder of the district and contribute to the overall appearance of structures and streetscape in the District. B. Reverse or modi _f3, the decision of the Architectural Review Board. Members of City Council January 19, 1999 Page 4 C. Refer the matter back to the Architectural Review Board for additional consideration. IV. Recommendation: It is recommended that Council affirm the decision of the Architectural Review Board. The Board's decision is consistent with the adopted Architectural Design Guidelines for the H-2 District. Affirmation of the Board's decision will maintain consistency in preserving the contributing architectural features in the district and sustain the Board's decisions with regard to the treatment of those architectural features. Mr. Robert Manetta, Chairman of the Architectural Review Board, and Evelyn Lander, Secretary to the Board, will be at Council's meeting on January 19th and will be prepared to comment on the Board's decision and answer questions that you may have. Respectfully submitted, Robert B. Manetta, Chairman Architectural Review Board CC: City Manager City Attorney Asst. City Attorney Attachment A Roanoke City Architectural Review Board November 13, 1998 Mr. Aubrey Hicks 648 Day Avenue, S.W. Roanoke, Virginia 24016 Dear Mr. Hicks: Subject: 648 Day Avenue, S.W. front porch railing It has come to our attention that the front porch railing located at 648 Day Avenue, S.W. has been replaced without required approval. Your property is located within a H-2 historic district and exterior changes including porch railings must be approved by the Architectural Review Board prior to construction. Architectural Design Guidelines standards have been adopted for the district and based upon our inspection the design of the front porch railing is not consistent with these standards. Enclosed is information on the district and guidelines for porch construction. Please call me at your earliest convenience at 853-2356 so that we can resolve this matter. Sincerely, Aaron S. Lange Associate Planner Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 · rY OF ROANOKE, VlRGINI/' Attachment B APPLICATION FOR A CERTIRCATE OF APPROPRIATENE&L'~_ Application is hereby made to the Architectural Review Board of the City of Roanoke, Virginia, for a Certificate of Appropriateness to make the modifications or improvements described below to property or properties in the H-2, Neighborhood Preservation District, Name of Applicant: Doing business as (if applicable): Address of Applicant: Telephone (office): 5/-/~ - ~'~/,~ -~.~:Y_2 (home): Se Location (address) of property or properties for which the Certificate of Appropriateness is requested: w A I IACH TO THIS APPLICATION THE NAMES AND ADDRESSES OF OWNERS OF THE LOTS OR PROPERTIES IMMEDIATELY ADJACENT TO, TO THE REAR, AND DIRECTLY OPPOSITE THE PROPERTY. General description of each modification or improvement (please attach scaled drawings, photographs, materials, samples and any other items which detail your request). THI~ FORM MUST BE COMPLETED IN INK. ANY INCOMPLETE FORM OR FORM LACKING REQUIRED ATTACHMENTS, WILL NOT BE SCHEDULED FOR BOARD ACTION. '8. Is there any application relevant to this property and the subject modifications or improvements pending or contemplated before the Board of Zoning Appeals, City Planning Commission or City Council? _ yes _~no (if yes, please specify) Who will represent the applicant before the Architectural Review Board (representative should have authority to commit applicant to make changes that may be suggested by the Board)? Telephone No.: Signature of owner: Signat Signature of applicant or agent: (if different from' owner) Signature (please prir~'or type name) (please print or type) mmmm! TO BE COMPLETED BY ARB STAFF: Received by: Date: Tax No.: Historic District: §36.1-331 ROANOKE CODE (d) In order to fall within the provisions of this section, an offer to sell must be made within one (1) year after a final decision by the city council. Thereafter, in order to raze or demolish a build- ing, structure, or historic landmark an owner must renew his request to the city council to approve such razing or demolition. (e) Any appeal taken pursuant to the previous section shall not affect the right of the owner of a building, structure, or historic historic landmark to make the bona fide offer to sell referred to above. (Ord. No. 28611, § 2, 4-27-87) Secs. 36.1-332-36.1-341. Reserved. Subdivision D. H-2, Neighborhood Preservation District Sec. 36.1-342. Intent. The designation of the H-2; neighborhood preservation district is intended to ensure the preservation of buildings which, in their aggregate or individually, are of special community signifi- cance. The general intent includes, among others, the following specific purposes: (a) Encourage preservation, protection, and enhancement of streetscapes, structures and areas of architectural, historic or cultural importance; (b) Encourage new construction, or alterations which are com- patible with the existing scale and character of surrounding properties; (c) Encourage the rehabilitation and continued use of existing buildings rather than their demolition. (Ord. No. 28611, § 2, 4-27-87) Sec. 36.1-343. Designation. The city council may, in the manner provided for amending, supplementing or changing this chapter, including the official zoning map, designate as an H-2 district appropriate areas: (a) That contain landmarks, buildings, or structures on the V:rginia Landmarks Register or on the National Register of His- Supp. No. 18 2958 Attachment C ZONING § 36.1-345 toric Places, which are eligible for inclusion on such registers or which individually or collectively represent a distinguishable eh- tity of local historic, cultural or architectural importance; (b) Adjacent to landmarks designated as historic by the Vir- ginia Division of Historic Landmarks or adjacent to other build- ings, structures, landmarks, or areas having important historic, architectural or cultural interest; or (c) That contain buildings or places in which historic events occurred or which have special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community, or are of such significance as to war- rant conservation and preservation. (Ord. No. 28611, § 2, 4-27-87) Sec. 36.1-344. Application of the district. Any H-2 district designated by the city council shall be shown as an overlay to the existing underlying district with the desig- nation H-2 on the official zoning map, as amended. As such, the provisions in this division shall serve as a supplement to the underlying zoning district regulations. The uses, housing, types, minimum lot requirements, minimum yard requirements, max- imum height, accessory uses and signs shall be determined by the regulations applicable to the other districts over which the H-2 district is superimposed. Where a conflict exists between the pro- visions of this division and those of any underlying zoning dis- tricts, the more restrictive provisions shall apply. (Ord. No. 28611, § 2, 4-27-87) Sec. 36.1-345. District regulations; certificate of appropri- ateness. (a) In order to encourage the preservation and enhancement of the district and encourage the rehabilitation and new construc- tion in conformance with the existing scale and character of the district, the architectural review board shall review and approve the erection of new buildings or structures, including signs, the demolition, moving, reconstruction, alteration or restoration, o£ existing structures and buildings, or reduction in their floor area, including the enclosure or removal of a porch. No such erection, Supp. No. 28 2959 § 36.1-345 ROANOKE CODE ZONING § 36.1-347 demolition, moving, reconstruction, alteration, restoration, or en- largement or reduction of a structure, or building, shall be un- dertaken without the issuance of a certificate of appropriateness by the board, unless otherwise specified herein. (b) The painting or ordinary maintenance of any building, struc- ture or historic landmark in the district shall not require a cer- tificate of appropriateness. Ordinary maintenance shall be any activity relating to a building, structure, or landmark which con- stitutes a minor alteration of any element of a building, struc- ture, or landmark, and which is, or should be, performed on a regular and relatively frequent basis to maintain architectural and structural integrity. (c) The installation or replacement of siding, or the replace- ment of porches, stairs, awnings, roofing materials, windows, or other similar modifications to an element of a building, structure, or landmark shall not require a certificate of appropriateness, provided that such installation or replacement is performed using materials which are of the same design as those on the building, structure or landmark, and provided that such installation or replacement maintains the architectural defining features of the building, structure or landmark. (d) The determination of whether an activity constitutes ordi- nary maintenance, or whether an installation or modification oth- erwise requires a certificate of appropriateness, under this sec- tion shall be made by the zoning administrator in consultation with the secretary to the architectural review board. (e) Whenever a certificate of appropriateness is required, no building permit shall be issued until the certificate of appropri- ateness has been granted. The zoning administrator shall make routine inspections of the work being performed pursuant to such building permit to ensure compliance with the terms of the cer- tificate of appropriateness. (f) This section shall not prevent the demolition or razing of a building, structure, or historic landmark which the building com- missioner certifies in writing is required for public safety because of an unsafe or dangerous condition. (g) After an area has been zoned H-2, the architectural review boar~ 4hay recommend to the city planning commission that more specific regulations be adopted for that particular district..This section shall be amended as provided for in section 36.1-690, et seq. (Ord. No. 28611, § 2, 4-27-87; Ord. No. 31177, § 1, 9-28-92) Sec. 36.1-346. Procedure for obtaining a certificate of ap- propriateness. Where a certificate of appropriateness is required, the proce- dure for obtaining said certificate shall be as set out in section 36.1-642. (Ord. No. 28611, § 2, 4-27-87) Sec. 36.1-347. Guidelines for new construction or.structural enlargement or reduction. In order to achieve the purposes of the H-2 district, the archi- tectural review board shall be guided in its decisions by the Supp. No. 28 2960 Supp. No. 28 2960.1 ZONING § 36.1-349 stated intent of the H-2 district and by the standards and. guide- lines set forth below: (a) Where new buildings, structures, or structural enlarge- ments or reductions are proposed, the design should be compat~ ible with or enhance those special visual and spatial qualitie~ that the H-2 district is established to protect, including heigh~ and scale of buildings, orientation, spacing, site coverage, and exterior features such as porches, roof pitch and direction and landscaping. (b) EVery reasonable effort should be made to minimize alter- ation of the structure or site and its environment. (c) Contemporary design for new construction and enlarge-. ments to existing properties should be compatible with the dis- tinguishing characteristics of the surrounding properties and the district. (d) Where design guidelines have been established and offi~ cially adopted for a district or portion of a district, any new erec- tion or structural enlargement or reduction in floor area shall be in conformance with those guidelines. (Ord. No. 28611, § 2, 4-27-87) Sec. 36.1-348. Demolition. The board shall issue a certificate of appropriateness for dem- olition of a building, structure, or historic landmark within the district where it finds that: (a) Loss of the structure would not be adverse to the district or the public interest by virtue of its uniqueness or its significance to the district. (b) Demolition would not have an adverse effect on the char- acter and surrounding environment of the district. (c) Where demolition is in conjunction with a proposed new use of the site, such use satisfies the intent and standards of the H-2 district. (Ord. No. 28611, § 2, 4-27-87) Sec. 36.1-349. Demolition; offer to sell. In addition to the right of appeal as set forth in s~ction 36.1- 643, the owner of a building, structure or historic landmark within § 36.1-349 ROANOKE CODE the district, shall have the right to demolish such historic land, mark, building, or structure in accordance with the application and sale provisions of section 36.1-331. (Ord. No. 28611, § 2, 4-27-87) Secs. 36.1-350-36.1-359. Reserved. Supp. No. 27 2961 Attachment E Roanoke City Architectural Review Board December 28, 1998 Aubrey and Linda Hicks 648 Day Avenue, S. W. Roanoke, VA 24016 Dear Mr. and Mrs. Hicks: SUBJECT: Application for Certificate of Appropriateness 648 Day Avenue, S. W. On December 10, 1998 the Architectural Review Board of the City of Roanoke, Virginia considered your request for a Certificate of Appropriateness for porch re-construction already completed at 648 Day Avenue, S. W. After considerable discussion of your request, the Board voted 5-0 (with two members absent) to deny your request for the installation of lattice material as the porch balustrade. The Board found that the installation of the lattice material in this manner was not consistent with the adopted architectural guidelines for the district and was not appropriate to the architectural character of the district. However, the Board advised that framing the lattice on the underside of the porch with fascia board was acceptable. Consequently, the existing porch balustrade construction must be removed within sixty days, as it is not in compliance with Zoning Section 36.1-345(a) of the Code of the City of Roanoke (1979), as amended, which requires Architectural Review Board approval and a Certificate of Appropriateness for the alteration of existing structures or the erection of new structures. If you are aggrieved by this decision of the Architectural Review Board, you have the right to appeal the Board's decision to City Council within thirty (30) days of the date of the decision. I am enclosing additional information on filing an appeal. Please let me know if you have any additional questions. I can be reached at 853-2346. Sincerely, Architectural Review Board Room 162 ~.4unicipal Building 2 ~ 5 Ch~rch AvenL e. S ',V Roanoke "./irgir,!a 22311 ~540~ 853-2344 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 January 21, 1999 File #379-441 SANDRA H. EAKIN Deputy City Clerk Robert O. Cassada State Programer and Scheduling Engineer Virginia Department of Transportation 1401 E. Broad Street Richmond, Virginia 23219 Dear Mr. Cassada: I am enclosing copy of Resolution No. 34150-011999 requesting that the Commonwealth Trar~sportation Board establish a project for the Lick Run Greenway, a component of the Roanoke Valley Comprehensive Greenway System. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, January 19, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: Lee B. Eddy, Chair, Roanoke Valley Greenways Commission, 2211 Pommel Drive, S. W., Roanoke, Virginia 24018 Elizabeth H. Belcher, Greenway Coordinator, P. O. Box 29800, Roanoke, Virginia 24018 Wayne G. Srickland, Executive Director, Fifth Planning District Commission, 313 Luck Avenue, S. W., Roanoke, Virginia 24016 James D. Grisso, Director of Finance Robert O. Cassada January 22, 1999 Page 2 pc: William F. Clark, Director, Public Works Barry L. Key, Manager, Office of Management and Budget Evelyn S. Lander, Chief, Planning and Community Development Robert K. Bengtson, Traffic Engineer H:~AGENDA99~JAN19.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of January, 1999. No. 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. WHEREAS, in accordance with the Commonwealth Transportation Board's construction allocation procedures, it is necessary that a request by resolution be received from the local government in order that the Virginia Department of Transportation program an enhancement project in the City of Roanoke; and WHEREAS, Council supports the Lick Run Greenway project, a component of the Roanoke Valley Comprehensive Greenway System; THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby endorses and requests that the Commonwealth Transportation Board establish a project for the Lick Run Greenway, a component of the Roanoke Valley Comprehensive Greenway System, said Lick Run Greenway being more particularly described in the City Manager's report dated January 19, 1999, to this Council. 2. Pursuant to the Transportation Equity Act for the 21st Century (TEA-21), the City hereby agrees to pay a minimum of twenty percent (20%) of the total cost of planning and design, right-of-way acquisition, and construction of this project, and that if the City subsequently elects to cancel this project, the City hereby agrees to reimburse the Virginia H:'dVlF.,AS URES~.-TEA21. I Department of Transportation (the "Department") for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation, all of which is set forth in the City Manager's report dated January 19, 1999, to this Council. 3. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest respectively, all necessary and appropriate agreements with the Department providing for the programming of such project, said agreements to be in such form as is approved by the City Attorney. 4. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, any necessary and appropriate agreement with the Fifth District Planning Commission in connection with this project, said agreement to contain the terms and conditions set forth in the City Manager's report dated January 19, 1999, to this Council, including a term which requires the Fifth Planning District Commission to be responsible for all matching funds and obligations undertaken by the City by virtue of its agreement with the Department, and to be in such form as is approved by the City Attorney. 4. The City Clerk is directed to forward a copy of this resolution to the appropriate officials at the Commonwealth Transportation Board. ATTEST: City Clerk. H:XMrzASURES~R-TEA21.1 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 January 21, 1999 File #229-441 Robert O. Cassada State Programer and Scheduling Engineer Virginia Department of Transportation 1401 E. Broad Street Richmond, Virginia 23219 Dear Mr. Cassada: I am enclosing copy of Resolution No. 34151-011999 requesting that the Commonwealth Transportation Board establish a project for the preservation of the former Norfolk and Western headquarters building known as GOB North. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, January 19, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: John S. Edwards, Chair, Higher Education Authority, P. O. Box 1179, Roanoke, Virginia 24006 Deborah J. Moses, Assistant to the City Manager for Special Projects W. Robert Herbert, City Manager James D. Grisso, Director of Finance William F. Clark, Director, Public Works Barry L. Key, Manager, Office of Management and Budget Evelyn S. Lander, Chief, Planning and Community Development Robert K. Bengtson, Traffic Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of January, 1999. No. 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. WHEREAS, in accordance with the CommOnwealth Transportation Board's construction allocation procedures, it is necessary that a request by resolution be received from the local government in order that the Virginia Department of Transportation program an enhancement project in the City of Roanoke; and WHEREAS, Council supports the preservation of the former Norfolk and Western headquarters building known as GOB North. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby endorses and requests that the Commonwealth Transportation Board establish a project for the preservation of the former Norfolk and Western headquarters building, said project being more particularly described in the City Manager's report dated January 19, 1999, to this Council. 2. Pursuant to the Transportation Equity Act for the 21 st Century (TEA-21 ), the City hereby agrees to pay a minimum of twenty percent (20%) for the total cost of preservation of the former Norfolk and Western headquarters building known as GOB North, and that if the City subsequently elects to cancel this project, the City hereby agrees to H:LMEASURESXR-TEA21.2 reimburse the Virginia Department of Transportation (the "Department") for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation, all of which is set forth in the City Manager's report dated January 19, 1999, to this Council. 3. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest respectively, all necessary and appropriate agreements with the Department providing for the programming of such project, said agreements to be in such form as is approved by the City Attorney. 4. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, any necessary and appropriate agreement with the Roanoke Higher Education Authority in connection with this project, said agreement to contain the terms and conditions set forth in the City Manager's report dated January 19, 1999, to this Council, including a term which requires the Roanoke Higher Education Authority to be responsible for all matching funds and obligations undertaken by the City by virtue of its agreement with the Department, and to be in such form as is approved by the City Attorney. 4. The City Clerk is directed to forward a copy of this resolution to the appropriate officials at the Commonwealth Transportation Board. ATTEST: City Clerk. H:hMEASUREShR.-TEA21.2 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 January 21, 1999 File #178-441 Robert O. Cassada State Programer and Scheduling Engineer Virginia Department of Transportation 1401 E. Broad Street Richmond, Virginia 23219 Dear Mr. Cassada: I am enclosing copy of Resolution No. 34152-011999 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. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, January 19, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: John R. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017-0359 VV.'RObert Herbert, City Manager James D. Grisso, Director of Finance William F. Clark, Director, Public Works Barry L. Key, Manager, Office of Management and Budget Evelyn S. Lander, Chief, Planning and Community Development Robert K. Bengtson, Traffic Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of January, 1999. No. 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. WHEREAS, in accordance with the Commonwealth Transportation Board's construction allocation procedures, it is necessary that a request by resolution be received from the local government in order that the Virginia Department of Transportation program an enhancemen~ project in the City of Roanoke; and WHEREAS, Council supports the acquisition and rehabilitation of the former Norfolk and Western headquarters building known as GOB South, and related improvements. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby endorses and requests 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, said project being more particularly described in the City Manager's report dated January 19, 1999, to this Council. 2. Pursuant to the Transportation Equity Act for the 21 st Century (TEA-21), the City hereby agrees to pay a minimum of twenty percent (20%) for the total cost of acquisition and rehabilitation of the former Norfolk and Western headquarters building known as GOB South, and that if the City subsequently elects to cancel this project, the City H:%MEASURESXR-TEA21.3 hereby agrees to reimburse the Virginia Department of Transportation (the "Department") for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation, all of which is set tbrth in the City Manager's report dated January 19, 1999, to this Council. 3. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest respectively, all necessary and appropriate agreements with the Department providing for the programming of such project, said agreements to be in such form as is approved by the City Attorney. 4. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, any necessary and appropriate agreement with the Roanoke Redevelopment and Housing Authority in connection with this project, said agreement to contain the terms and conditions set forth in the City Manager's report dated January 19, 1999, to this Council, including a term which requires the Roanoke Redevelopment and Housing Authority to be responsible for all matching funds and obligations undertaken by the City by virtue of its agreement with the Department, and to be in such form as is approved by the City Attorney. 4. The City Clerk is directed to forward a copy of this resolution to the appropriate officials at the Commonwealth Transportation Board. ATTEST: City Clerk. H:LMTzASURES'xR-TEA21.3 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 January 22, 1999 File #178-293-441 Robert O. Cassada State Programer and Scheduling Engineer Virginia Department of Transportation 1401 E. Broad Street Richmond, Virginia 23219 Dear Mr. Cassada: I am enclosing copy of Resolution No. 34153-011999 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. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, January 19, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: David L. Kjolhede, Executive Director, c/o Keidi Mowry, Roanoke Valley Convention and Visitors Bureau, 114 Market Street, S. E., Roanoke, Virginia 24011 W. Robert Herbert, City Manager James D. Grisso, Director of Finance William F. Clark, Director, Public Works Barry L. Key, Manager, Office of Management and Budget Evelyn S. Lander, Chief, Planning and Community Development Robert K. Bengtson, Traffic Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of January, 1999. No. 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. WHEREAS, in accordance with the Commonwealth Transportation Board's construction allocation procedures, it is necessary that a request by resolution be received from the local government in order that the Virginia Department of Transportation program an enhancement project in the City of Roanoke; and WHEREAS, Council supports the development and operation of a Tourism Welcome Center in a portion of the former Norfolk and Western Passenger Station. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby endorses and requests that the Commonwealth Transportation Board establish a project for the development and operation of a Tourism Welcome Center in the former Norfolk and Western Passenger Station, said project being more particularly described in the City Manager's report dated January 19, 1999, to this Council. 2. Pursuant to the Transportation Equity Act for the 21 st Century (TEA-21), the City hereby agrees to pay a minimum of twenty percent (20%) of the total cost of construction and operation of a Tourism Welcome Center in a portion of the former Norfolk and Western Passenger Station, and that if the City subsequently elects to cancel this project, H;~EASURES~.-TEA21.4 the City hereby agrees to reimburse the Virginia Department of Transportation (the "Department") for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation, all of which is set forth in the City Manager's report dated January 19, 1999, to this Council. 3. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest respectively, all necessary and appropriate agreements with the Department providing for the programming of such project, said agreements to be in such form as is approved by the City Attorney. 4. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, any necessary and appropriate agreement with the Roanoke Valley Convention and Visitors Bureau in connection with this project, said agreement to contain the terms and conditions set forth in the City Manager's report dated January 19, 1999, to this Council, including a term which requires the Roanoke Redevelopment and Housing Authority to be responsible for all matching funds and obligations undertaken by the City by virtue of its agreement with the Department, and to be in such form as is approved by the City Attorney. 4. The City Clerk is directed to forward a copy of this resolution to the appropriate officials at the Commonwealth Transportation Board. ATTEST: City Clerk. H: hMF-..AS URF~ ~q.- TIEA21.4 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 January 22, 1999 File #229-441 SANDRA H. EAKIN Deputy City Clerk Robert O. Cassada State Programer and Scheduling Engineer Virginia Department of Transportation 1401 E. Broad Street Richmond, Virginia 23219 Dear Mr. Cassada: I am enclosing copy of Resolution No. 34154-011999 requesting that the Commonwealth Transportation Board establish a project for the improvement of the Virginia Museum of Transportation. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, January 19, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc; Katherine N. Strickland, Executive Director, Virginia Museum of Transportation, 303 Norfolk Avenue, S. W., Roanoke, Virginia 24016 W. Robert Herbert, City Manager James D. Grisso, Director of Finance William F. Clark, Director, Public Works Barry L. Key, Manager, Office of Management and Budget Evelyn S. Lander, Chief, Planning and Community Development Robert K. Bengtson, Traffic Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of January, 1999. No. 34154-011999. A RESOLUTION requesting that the Commonwealth Transportation Board establish a project for the improvement of the Virginia Museum of Transportation. WHEREAS, in accordance with the Commonwealth Transportation Board's construction allocation procedures, it is necessary that a request by resolution be received from the local government in order that the Virginia Department of Transportation program an enhancement project in the City of Roanoke; and WHEREAS, Council supports the construction of improvements to the Virginia Museum of Transportation. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby endorses and requests that the Commonwealth Transportation Board establish a project for the improvement to the Virginia Museum of Transportation project being more particularly described in the City Manager's report dated January 19, 1999, to this Council. 2. Pursuant to the Transportation Equity Act for the 21 st Century (TEA-21), the City hereby agrees to pay a minimum of twenty percent (20%) of the total cost of planning, design and construction of improvements to the Virginia Museum of Transportation, and that if the City subsequently elects to cancel this project, the City hereby agrees to reimburse the Virginia Department of Transportation (the "Department") for the total amount of the costs H:'dVlEA SURESkR-TEA21.5 expended by the Department through the date the Department is notified of such cancellation, all of which is set forth in the City Manager's report dated January 19, 1999, to this Council. 3. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest respectively, all necessary and appropriate agreements with the Department providing for the programming of such project, said agreements to be in such form as is approved by the City Attorney. 4. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, any necessary and appropriate agreement with the Virginia Museum of Transportation in connection with this project, said agreement to contain the terms and conditions set forth in the City Manager's report dated January 19, 1999, to this Council, including a term which requires the Virginia Museum of Transportation to be responsible for all matching funds and obligations undertaken by the City by virtue of its agreement with the Department, and to be in such form as is approved by the City Attorney. 4. The City Clerk is directed to forward a copy of this resolution to the appropriate officials at the Commonwealth Transportation Board. ATTEST: City Clerk. H :'ds~rEASURES~R-T EA21 5 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 January 22, 1999 File #332-441 M. S. Hollis, State Urban Engineer Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Dear Mr. Hollis: I am enclosing copy of Resolution No. 34155-011999 requesting that the Commonwealth Transportation Board establish a project for the Roanoke Passenger Station Restoration; and authorizing execution of agreements between the City and the Virginia Department of Transportation and Roanoke Foundation for Downtown., Inc. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, January 19, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: R. Matthew Kennell, President, Roanoke Foundation for Downtown, Inc., 310 First Street, S. VV., Roanoke, Virginia 24011 W. Robert Herbert, City Manager James D. Grisso, Director of Finance William F. Clark, Director, Public Works Barry L. Key, Manager, Office of Management and Budget Evelyn S. Lander, Chief, Planning and Community Development Robert K. Bengtson, Traffic Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1999. No. 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. WHEREAS, in accordance with the Commonwealth Transportation's Board's construction allocation procedures, it is necessary that a request by resolution be received from the local government in order that the Virginia Department of Transportation program a high priority project in the City of Roanoke; and WHEREAS, Council supports the restoration of the Roanoke Passenger Station. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby endorses and requests that the Commonwealth Transportation Board establish a project for the Roanoke Passenger Station Restoration, said project being more particularly described in the City Manager's report dated January 19, 1999, to this Council. 2. Pursuant to the Transportation Equity Act for the 21 st Century (TEA-21), the City hereby agrees to pay a minimum of twenty percent (20%) of the total cost of design and construction of this project, and that if the City subsequently elects to cancel this project, the H, \ML%~DRI S \R - P--,rI:,Z. ~. City hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. 3. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized for and on behalf of the City to execute and attest, respectively, all necessary and appropriate agreements with the Department providing for the programming of such project, said agreements to be in such form as is approved by the City Attorney. 4. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized for and on behalf of the City to execute and attest, respectively, all necessary and appropriate agreements with the Roanoke Foundation for Downtown, Inc., in connection with this project, said agreement to contain the terms and conditions set forth in the City Manager's report dated January 19, 1999, including the provision which requires the Roanoke Foundation for Downtown, Inc., to be responsible for all matching funds and obligations undertaken by the City by virtue of its agreement with the Department, and to be in such form as approved by the City Attomey. 5. The City Clerk is directed to forward a copy of this resolution to the appropriate officials at the Commonwealth Transportation Board. ATTEST: City Clerk. Roar' January19,1999 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Transportation Equity Act for the 21 st Century (TEA-21) I. Background: Transportation Equity Act for the 21 st Century_ (TEA-21) was signed into federal law June, 1998. This action re-authorized the federal surface transportation programs for six (6) years, from fiscal year 1998 to 2003, replacing the Intermodal Surface Transportation Efficiency Act (ISTEA). The new law provides $215 billion in spending authority for highways and transit, including $3 billion for transportation enhancement projects. TEA-21 requires state departments for transportation to set aside 10% of their Surface Transportation Program (STP) allocation each year for transportation enhancements. Under Virginia's Transportation Enhancement Progran~, projects that increase the value or worth of a transportation project or make it more aesthetically pleasing could qualify for the special funding. Eligible projects include: Additional facilities for pedestrians and bicyclists and provision of safety and educational activities for pedestrians and bicyclists. Acquisition of scenic easements and scenic or historic sites. Development of scenic or historic highway programs and tourist and welcome centers. · Landscaping or other scenic beautification. · Historic preservation. Rehabilitation and operation of historic transportation buildings, structures or facilities. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virg nia 24011 (540) 853-2344 Members of Council Page 2 II. Preservation of abandoned railway corridors. Control and removal of outdoor advertising. Archeological planning and research. Pollution mitigation due to highway mn-off, including projects that reduce vehicle-caused wildlife mortality while maintaining habitat connectivity for threatened or endangered species. Establish transportation museums. Virginia Department of Transportation (VDOT) held a public meeting regarding the TEA-21 enhancement program in Christiansburg on November 4, 1998, at which citizens and public officials were able to ask questions and learn more about this program. Current Situation: mo Five (5) enhancement project applications have been received and are described in Attachment A. Bo Project application must be formally endorsed by City Council and the Metropolitan Planning Organization (prior to submitted to VDOT by the applicant by January 31, 1999). Roanoke City Manager will need to recommend the attached projects to City Council for their endorsement and their regularly scheduled meeting on January 19, 1999. The Transportation/Utilities/Facilities Committee of the Roanoke City Planning Commission met on Tuesday, December 22, 1998, to review and discuss the five applications. The Committee needed additional information on the applications from the Roanoke Higher Education Authority, the Roanoke Redevelopment and Housing Authority, and the Roanoke Valley Convention and Visitors Bureau. The Committee instructed staff to contacted the three applicants to obtain further information. The Committee then met a second time on January 6th, prior to the regularly scheduled Commission meeting and reviewed additional information submitted by the Roanoke Higher Education Authority and the Roanoke Valley Convention and Visitors. At the Commission's meeting on the 6th, the applications were discussed by the full Commission and it was noted that the Committee still had property acquisition and demolition questions about the application from the Roanoke Redevelopment and Housing Authority but had received no response for clarification and information. Members of Council Page 3 The Commission then took the following action on the five applications: Fifth Planning District Commission - approved 5-0 (Messrs. Hill and Manetta absent) Roanoke Higher Education Authority - approved 5-0-1 (Messrs. Hill and Manetta absent, and Mr. Butler abstaining) Roanoke Redevelopment and Housing Authority - motion was made by Mrs. Duerk, seconded by Mr. Dowe and approved 5-0 (Messrs. Hill and Manetta absent) to abstain from voting on the application due to the fact that inadequate information had been submitted. Roanoke Valley Convention and Visitors Bureau - approved 5-0 (Messrs. Hill and Manetta absent) Virginia Museum of Transportation, Inc. - approved 5-0 (Messrs. Hill and Manetta absent). Eo After the Comisson's meeting on January 6, 1999, representatives from the Roanoke Redevelopment and Housing Authority provided additional information. A copy of their response is attached to this report as Attachment B. This information has not been provided to the Planning Commission. III. Recommendation: The Planning Commission endorsed the following projects: Fifth Planning District Commission - approved 5-0 (Messrs. Hill and Manetta absent) Roanoke Higher Education Authority - approved 5-0-1 (Messrs. Hill and Manetta absent, and Mr. Butler abstaining) Roanoke Valley Convention and Visitors Bureau - approved 5-0 (Messrs. Hill and Manetta absent) Virginia Museum of Transportation, Inc. - approved 5-0 (Messrs. Hill and Manetta absent). 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. Since the Commissions' meeting, the applicant has provided additional information which is attached for Council's review. Members of Council Page 4 Respectfully submitted, Barbara N. Duerk, Chairman Roanoke City Planning Commission /f attachments cc: Assistant City Attorney City Traffic Engineer ATTACHMENT A TEA-21 TRANSPORTATION ENHANCEMENT APPLICATION~ 1. Fifth Planning District Commission This application is being submitted by the Fifth Planning Distdct Commission in partnership with the Roanoke Valley Greenway Commission. The project will be developed as a community effort involving the City of Roanoke, Roanoke Valley Greenway Commission, Western Virginia Land Trust, Pathfinders for Greenways, Faison Realty, Barrows Corporation and numerous neighborhood and civic organizations. This project involves construction of a 10-foot off-road bicycle/pedestrian path within a greenway corridor along Lick Run, connecting downtown Roanoke to Valley View Mall, a distance of 3 miles. The greenway construction is in four sections: Section 1: Lick Run Greenway: Hotel Roanoke to Orange Avenue Section 2: Lick Run Greenway: Orange Avenue through Washington Park to 10th Street Section 3: Lick Run Greenway: 10th Street along Andrews Road to the new interstate interchange property Section 4: Bicycle/pedestrian connection from Lick Run to Valley View ao Path within VDOT right-of-way, from the creek to the overpass and from the overpass to Valley View Extension Bicycle/pedestrian lane on the overpass bridge Bicycle/pedestrian lane paralleling Valley View Extension Total estimated cost $1,201,410, of which $300,000 in enhancement funds were allocated by VDOT to this project last year. The application is requesting $593,110 in TEA-21 enhancement funds (49% of the total cost). 2. Roanoke Higher Education Authority The Roanoke Higher Education Authority is seeking TEA-21 enhancement funds for preservation of the former Norfolk and Western headquarters building known also as GOB Attachment A Planning Commission Report TEA-21 Applications North. The project application is based upon preservation of a significant railroad structure. The successful reuse of this building is important to the reuse of other buildings within this railroad district. Total estimated cost is $22.400,000. The application is requesting $900,000 in TEA-21 enhancement funds (4% of the total cost). 3. Roanoke Redevelopment and Housing Authority This TEA-21 enhancement grant request is a joint participation project between the Roanoke Redevelopment and Housing Authority (RRHA) and Roanoke Neighborhood Development Corporation (RNDC). Both entities have separate development projects in the area which share the common need for parking. The RRHA development project is to acquire and rehabilitate the historic Norfolk & Western General Office Building South into approximately 80 upscale apartment units. The building has been vacant for over six years with little prospect of use as a commercial office building in the near future. As with most urban apartment buildings, secure and convenient parking is essential to the marketability and economic success of the project. The RNDC development project includes a 50,000 square foot office building, a convenience store, a restaurant and speciality retail shops. Phase I of RNDC's project will build the office building and convenience store and is scheduled to start construction in February, 1999. Parking is also essential to the office building and retail center. This TEA-21 enhancement application is a joint participation between RRHA and RNDC. RRHA will be the lead entity. For the sake of clarity, the portion of the joint participation between RNDC and RRHA that will be funded by the TEA-21 enhancement grant will be referred to as the TEA-21 Project. The grant will be used by RRHA and RNDC to: 1. ^cquire the historic former corporate headquarters building of the Norfolk and Western Railroad (GOB South). 2. Acquire and demolish two vacant, blighted and deteriorating buildings ridding the area of an eyesore and safety menace. 3. Provide landscaping, plantings and decorative security fencing to the parking areas along Shenandoah and Centre Avenues and Henry Street to enhance the scenic vistas from the new Railwalk. Total estimated cost is $16,400,000. The application is requesting $1,000,000 in TEA-21 enhancement funds (6% of total cost). Attachment A Planning Commission Report TEA-21 Applications 2 4. Roanoke Valley Convention & Visitors Bureau The Roanoke Valley convention and Visitors Bureau (RVCVB), a 501 C(6) corporation, is proposing to develop and operate a Tourism Welcome Center in a portion (7,500 sq. ft.) of the histodc Norfolk and Western railroad passenger station adjacent to the Hotel Roanoke & Conference center and the Historic Farmers' Market. The passenger station is owned by the Roanoke Foundation for Downtown, Inc. RVCVB will construct, maintain and operate the Tourism Welcome Center on a 7 day a week, year round basis. The Center will be staffed by RVCVB personnel and provide information of interest and use to the traveling public including information on lodging, dining, attractions, festivals and events. Additional amenities will include public restroom facilities, bicycle "lockers" and temporary displays featuring area tourism amenities. The Center will also provide information on traveler-related amenities throughout Virginia as well as highway maps and other pertinent information. Dudng the renovation of the depot, the RVCVB will work with Roanoke Foundation for Downtown, Inc., and the developer to incorporate as many of the depot's historic features as possible into the adaptive reuse of the facility. Also included will be displays, photos, etc., interpreting the general importance of the railroad to the area as well as the specific role the passenger station played. Emphasis will be given to the work of Raymond Loewy, a local designer of national prominence, who was responsible for the design of the station. The RVCVB is asking for consideration of two (2) funding components in this application. 1) Funding for construction of the Tourism Welcome Center within the passenger station 2) Funding for the ongoing maintenance and staffing of the facility over the initial three- year start-up period. Total estimated cost is $120,000. The application is requesting $90,000 in TEA-21 enhancement funds (75% of total cost). 5. Virginia Museum of Transportation, Inc The Virginia Museum of Transportation, the official transportation museum for the Commonwealth of Virginia, requests funds to construct improvements to Roanoke's historic freight station's roof and extending canopy over the station's railside dock. This roof and canopy are original to the station which was built in 1918. The roof and canopy measure approximately 743' by 61'. The Museum's main galleries and warehouse/storage area are covered by a Iow pitched roof punctuated by brick fire wall parapets and metal ventilators which conform to the rhythm of the bay doors. The dock that lines the length of the back of the building is covered by a continuous canopy that drops one story from the main roof. The historic loading area portion of the building terminates at the two story, At~acl~ment A Planning Commission Report TEA-21 Applications brick head building which houses the Museum's administrative offices and the Museum's Resource Library and Archives. This brick head building is typical of its era, featuring a fiat roof with parapet and punched openings for fenestration. Ongoing repairs and maintenance have consisted of dealing with troublesome sections as they occur. Leaks occur in all areas of the facility, particularly in the flashing. The canopy over the dock has wood supports that are deteriorating on a rapid basis. With any significant rainfall, buckets can be seen up and down to catch rainwater dripping from the roof. The crumbling of plaster and damage from leaks to exhibits is of deep concern to the Museum and its mission to preserve Virginia's transportation heritage. While the condition of the roof and dock canopy are of constant concern, the roof is now one of the first impressions that visitors receive when they first site the Museum. As a traveler by car begins his descent from the highest point on the bridge, the entire roof of the Museum is the most evident view of the facility because the physical location of the building is topographically lower than the bddge. The view of the roof is unsightly with the discolorations and numerous patches. It gives the visitors an uninviting and unfriendly introduction to Roanoke's histodc freight station. The Virginia museum of Transportation wishes to install a rubber roof, rubber wall flashings, new drain outlets, repair the wood structures on the dock canopy, repair the dock drain outlets as well as the dock canopy. Total estimated cost is $278,000. The application is requesting $139,000 in TEA-21 enhancement funds (50% of total cost). Attachment A Planning Commission Report TEA-21 Applications 4 Panners in Pro. ss g~E REDE¥ ltOUSING OO2 ATTACNHENT January 7, 1999 Reference: RRHA ISTEA Application for $1,000,000 Ms. Evie Lander City of Roanoke Planning Director 215 Church Avenue, SVV Room 166 Roanoke, VA 24011 Dear Ms. Lander: i would like to apologize for being inaccessible before Ihe PlUming Commission Meeting to answer your questions about our ISTEA application. As promised, I am ~ng a budge~ lhat will explain the uses ~ the RPJ-IA/RNDC ISTEA C.-.-.-.-.-.-.-.-.~, if ~ is awarded. I will briefly explain each line item, to answer any questions trial the Planning Commission or City Cour~l may have. The $ 350,000 of acquisition funds will be used to acquire ~h, tile N&W GOB South Building and lfle N&W Records Building. The GOB South Building will be re~3ovated for upscale apaffments. Th~ sites, of the Records Building and the Lampros Properly will be used for parking for the apartments. The need to a~ the N&W propedies from the Foundation for Downtown Roanoke, Inc. has arisen because may no[ be consistent with the Foundation's mission or e~. They would prefa' to permits the Foundation to recoup its costs of carrying the building for ova' a year. The $500,000 demolition funds will be used to demolish ~a vacant shell building on lhe La.,,ml~.,_ property and lhe Records Building. The cost i~ based upon estimates from RRHA s developer and an estimate previously done by Norfdl, k Soulhem. ! 2024 .~tem Ta~. IL IF. · R~la~, Vir~ 24017._~3J4 Tetel~non~ (540) 9~-9281 ° TDD (540) f~83.9217 · Fe~ (540)'985.9229 AnE RED£V IIOUSING 01/07~ O03 decorative security Iighiin~ along Shenandeah ired Centre Avenues to imPrOve the streetscape directly across the Nofloik Southern tracks fmrn the new Railwalk, I trust this infornm~tion ~ddresses your ~ ~ I will be available at 9B3-9255 to answe~ any questions of the Commiss{ormrm or Council Members. W. Robert Michaux Director of Business Development Roanoke Redevelopment and Housing Authority ISTEA BUDGET RRHA & RNDC APPLICATION ACQUISITION OF LAND AND BUILDINGS N&W GOB SOUTH BUILD/NG AND N&W RECORDS BUILDING LAMPROSE AND SHELL BUILDING $ 200,000 150,000 DEMOLITION OF N&W RECORDS BUILDING AND SHELL BUILDING $ 5O0,00O LANDSCAPING, DECORATIVE FENCING, LIGHTING AND PLANTINGS $150,000 January 19, 1999 No. 99-103 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: Transportation Equity Act for the 2'1't Century (TEA-21) Background: Transportation Equity Act for the 21"t Century (TEA-21) was signed into federal law June, 1998. This action reauthorized the federal surface transportation programs for six (6) years, from fiscal year 1998 to 2003, replacing the Intermodal Surface Transportation Efficiency Act (ISTEA). The new law provides $215 billion in spending authority for highways and transit, including $3 billion for transportation enhancement projects. Bo TEA-21 requires state departments for transportation to set aside 10 percent of their Surface Transportation Program (STP) allocation each year for transportation enhancements. Under Virginia's Transportation Enhancement Program, projects that increase the value or worth of a transportation project or make it more aesthetically pleasing could qualify for the special funding. Eligible projects include: Additional facilities for pedestrians and bicyclists and provision of safety and educational activities for pedestrians and bicyclists. Acquisition of scenic easements and scenic or historic sites Development of scenic or historic highway programs and tourist and welcome centers Landscaping or other scenic beatification Historic preservation Rehabilitation and operation of historic transportation buildings, structures or facilities Preservation of abandoned railway corridors Control and removal of outdoor advertising Archeological planning and research Pollution mitigation due to highway run-off, including projects that reduce vehicle-caused wildlife mortality while maintaining habitat connectivity for threatened or endangered species Establish transportation museums Mayor Bowem & Membem of Council No. 99-103 TEA-21 Page 2 Janua~ 19,1999 I1. II1. IV. Co Virginia Department of Transportation (VDOT) held a public meeting regarding the TEA-21 enhancement program in Christiansburg on November 4, 1998, at which citizens and public officials were able to ask questions and learn more about this program. Current Situation: Ao Five (5) enhancement project applications have been received and are described in Attachment A. Project applications must be formally endorsed by City Council and the Metropolitan Planning Organization (prior to submittal to VDOT by the applicant by January 31, 1999). The Commonwealth Transportation Board approval of projects is expected to occur in June, 1999. City Council resolutions that would endorse these five (5) project applications also require, according to VDOT, that the City of Roanoke agree to pay a minimum of 20 percent of the total cost for planning and design, right-of-way and construction of the project, and that, if the City subsequently elects to cancel a project, the City agrees to reimburse VDOT for the total amount of the costs expended by VDOT through the date of cancellation of that project. The project funding summaries are described in Attachment B. Agreements to be executed between the City and the applicants will require the applicant to be fully responsible for the matching funds as set forth in Attachment B and, if the project is canceled, the agreement will also require the applicant to reimburse the City for all amounts due VDOT. Issues: A. Timing B. Funding C. Legal Alternatives: City Council endorse the project applications which are described in Attachment A, and agree to pay the percentages described in Attachment B, respectively, of the total cost for each project. Timing is important. The project applications must be submitted by the applicants to VDOT by January 31, 1999. Mayor Bowers & Members of Council No. 99-103 TEA-21 Page 3 January 19, 1999 Funding for the projects, if approved by the State, is a maximum of 80 percent federal funds and a minimum of 20 percent local funds. (VDOT requires the City to agree to pay a minimum of 20 percent of the total project cost for this project). Legal requirements include, subject to project approval by VDOT, a City/State Agreement by which the State holds the City as the responsible agency for any approved project. The project applicants enter into a separate agreement with the City by which the applicants shall fulfill all of the obligations undertaken by the City, and perform all of the tasks undertaken by the City, by virtue of the City's execution of the City/State Agreement and will comply with each of the requirements set forth in the City/State Agreement and all federal and state regulations and requirements applicable to all work performed on the Project, including performing, or contracting to perform, tasks relating to the preliminary engineering and construction phases of the Project, and procuring consultant services contracts and construction contracts in accordance with the Virginia Public Procurement Act. B. City Council not endorse the project applications described in Attachment A. 1. Timing would not be an issue. Funding, in the amount of up to 80 percent federal funds, would not be received. 3. Legal requirements would not be an issue. Recommendation is that City Council approve Alternative "A" and: A. Endorse by separate resolutions the project applications which are summarized in Attachment A. Bo Agree to pay the respective percentages of the total cost for each project (as described in Attachment B) and that, if the City elects to cancel any project, the City would reimburse VDOT for the total amount of costs associated with any work completed on either project through the date of cancellation notice. Authorize the City Manager to execute, on behalf of the City, City/State Agreements for project administration, subject to approval of project applications by VDOT. Mayor Bowers & Members of Council No. 99-103 TEA-21 Page 4 January 19, 1999 Do Authorize the City Manager to execute on 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 their matching funds (as described in Attachment B) as well as all other obligations undertaken by the City by virtue of the City/State Agreement. Respectfully submitted, W. Robert Herbert City Manager WRH/RKB/gpe Attachments copy: City Attorney Director of Finance Director of Public Works Manager, Office of Management & Budget Chief, Planning and Community Development Traffic Engineer ATTACHMENT A TEA-21 TRANSPORTATION ENHANCEMENT APPLICATiON,e 1. Fifth Planning District Commission This application is being submitted by the Fifth Planning District Commission in partnership with the Roanoke Valley Greenway Commission. The project will be developed as a community effort involving the City of Roanoke, Roanoke Valley Greenway Commission, Western Virginia Land Trust, Pathfinders for Greenways, Faison Realty, Barrows Corporation and numerous neighborhood and civic organizations. This project involves construction of a 10-foot off-road bicycle/pedestrian path within a greenway corridor along Lick Run, connecting downtown Roanoke to Valley View Mall, a distance of 3 miles. The greenway construction is in four sections: Section 1: Lick Run Greenway: Hotel Roanoke to Orange Avenue Section 2: Lick Run Greenway: Orange Avenue through Washington Park to 10th Street Section 3: Lick Run Greenway: 10th Street along Andrews Road to the new interstate interchange property Section 4: Bicycle/pedestrian connection from Lick Run to Valley View Path within VDOT right-of-way, from the creek to the overpass and from the overpass to Valley View Extension Bicycle/pedestrian lane on the overpass bridge Bicycle/pedestrian lane paralleling Valley View Extension Total estimated cost $1,201,410, of which $300,000 in enhancement funds were allocated by VDOT to this project last year. The application is requesting $593,110 in TEA-21 enhancement funds. 2. Roanoke Higher Education Authority The Roanoke Higher Education Authority is seeking TEA-21 enhancement funds for preservation of the former Norfolk and Western headquarters building known also as GOB Attachment A 99-103 TEA-21 Applications North. The project application is based upon preservation of a significant railroad structure. The successful reuse of this building is important to the reuse of other buildings within this railroad district. Total estimated cost is $22,400,000. The application is requesting $900,000 in TEA-21 enhancement funds. 3. Roanoke Redevelopment and Housing Authority This TEA-21 enhancement grant request is a joint participation project between the Roanoke Redevelopment and Housing Authority (RRHA) and Roanoke Neighborhood Development Corporation (RNDC). Both entities have separate development projects in the area which share the common need for parking. The RRHA development project is to acquire and rehabilitate the historic Norfolk & Western General Office Building South into approximately 80 upscale apartment units. The building has been vacant for over six years with little prospect of use as a commercial office building in the near future. As with most urban apartment buildings, secure and convenient parking is essential to the marketability and economic success of the project. The RNDC development project includes a 50,000 square foot office building, a convenience store, a restaurant and speciality retail shops. Phase I of RNDC's project will build the office building and convenience store and is scheduled to start construction in February, 1999. Parking is also essential to the office building and retail center. This TEA-21 enhancement application is a joint participation between RRHA and RNDC. RRHA will be the lead entity. For the sake of clarity, the portion of the joint participation between RNDC and RRHA that will be funded by the TEA-21 enhancement grant will be referred to as the TEA-21 Project. The grant will be used by RRHA and RNDC to: Acquire the historic former corporate headquarters building of the Norfolk and Western Railroad (GOB South). Acquire and demolish two vacant, blighted and deteriorating buildings ridding the area of an eyesore and safety menace. Provide landscaping, plantings and decorative security fencing to the parking areas along Shenandoah and Centre Avenues and Henry Street to enhance the scenic vistas from the new Railwalk. Total estimated cost is $16,400,000. The application is requesting $1,000,000 in TEA-21 enhancement funds. Attachment A 99-103 TEA-21 Applications 2 4. Roanoke Valley Convention & Visitors Burea~ The Roanoke Valley convention and Visitors Bureau (RVCVB), a 501 C(6) corporation, is proposing to develop and operate a Tourism Welcome Center in a portion (7,500 sq. ft.) of the historic Norfolk and Western railroad passenger station adjacent to the Hotel Roanoke & Conference center and the Historic Farmers' Market. The passenger station is owned by the Roanoke Foundation for Downtown, Inc. RVCVB will construct, maintain and operate the Tourism Welcome Center on a 7 day a week, year round basis. The Center will be staffed by RVCVB personnel and provide information of interest and use to the traveling public including information on lodging, dining, attractions, festivals and events. Additional amenities will include public restroom facilities, bicycle "lockers" and temporary displays featuring area tourism amenities. The Center will also provide information on traveler-related amenities throughout Virginia as well as highway maps and other pertinent information. During the renovation of the depot, the RVCVB will work with Roanoke Foundation for Downtown, Inc., and the developer to incorporate as many of the depot's historic features as possible into the adaptive reuse of the facility. Also included will be displays, photos, etc., interpreting the general importance of the railroad to the area as well as the specific role the passenger station played. Emphasis will be given to the work of Raymond Loewy, a local designer of national prominence, who was responsible for the design of the station. The RVCVB is asking for consideration of two (2) funding components in this application. 1) Funding for construction of the Tourism Welcome Center within the passenger station 2) Funding for the ongoing maintenance and staffing of the facility over the initial three- year start-up period. Total estimated cost is $120,000. The application is requesting $90,000 in TEA-21 enhancement funds. 5. Virginia Museum of Transportation, Inc. The Virginia Museum of Transportation, the official transportation museum for the Commonwealth of Virginia, requests funds to construct improvements to Roanoke's historic freight station's roof and extending canopy over the station's railside dock. This roof and canopy are original to the station which was built in 1918. The roof and canopy measure approximately 743' by 61'. The Museum's main galleries and warehouse/storage area are covered by a Iow pitched roof punctuated by brick fire wall parapets and metal ventilators which conform to the rhythm of the bay doors. The dock that lines the length of the back of the building is covered by a continuous canopy that drops one story from the main roof. The historic loading area portion of the building terminates at the two story, Attachment A 99-103 TEA-21 Applications 3 brick head building which houses the Museum's administrative offices and the Museum's Resource Library and Archives. This brick head building is typical of its era, featuring a flat roof with parapet and punched openings for fenestration. Ongoing repairs and maintenance have consisted of dealing with troublesome sections as they occur. Leaks occur in all areas of the facility, particularly in the flashing. The canopy over the dock has wood supports that are deteriorating on a rapid basis. With any significant rainfall, buckets can be seen up and down to catch rainwater dripping from the roof. The crumbling of plaster and damage from leaks to exhibits is of deep concern to the Museum and its mission to preserve Virginia's transportation heritage. While the condition of the roof and dock canopy are of constant concern, the roof is now one of the first impressions that visitors receive when they first site the Museum. As a traveler by car begins his descent from the highest point on the bridge, the entire roof of the Museum is the most evident view of the facility because the physical location of the building is topographically lower than the bridge. The view of the roof is unsightly with the discolorations and numerous patches. It gives the visitors an uninviting and unfriendly introduction to Roanoke's historic freight station. The Virginia Museum of Transportation wishes to install a rubber roof, rubber wall flashings, new drain outlets, repair the wood structures on the dock canopy, repair the dock drain outlets as well as the dock canopy. Total estimated cost is $278,000. The application is requesting $139,000 in TEA-21 enhancement funds. Attachment A 99-103 TEA-21 Applications ATTACHMENT B Previous Total Project Federal TEA-21 Federal Funds Non-federal Total Applicant's Proposed Project Applicant Cost Funds Requested Received by Applicant (%) Source of Funds Donated right-of-way, volunteer and in-kind services, grants from other Fifth Planning District agencies and cash Commission $1,201,410 $593,110 $300,000 $308,300 (26%) donations Roanoke Higher State, local, private and Education Authority $22,400,000 $900,000 ........... $21,500,000 (96%) tenant. Roanoke Redevelopment Investor capital, mortgages and Housing Authority $16,400,000 $1,000,000 ........... $15,400,000 (94%) and CDBG grants Roanoke Valley Convention & Visitors RVCVB annual operating Bureau $120,000 $90,000 ........... $30,000 (25%) budget Virginia Museum of Previous City commitment Transportation, Inc. $278,000 $139,000 -~ $139,000 (50%) from 1996 Bond Issue -~Previously received ~654,000 in enhancement funds for other project phases Attachment B/TEA-21/No.99-103 January 19, 1999 No.99-105 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: Roanoke Passenger Station Renovation Project I. Background: Ao Transportation Equity Act for the 21st Century (TEA-21) was signed into federal law June, 1998. This action reauthorized the federal surface transportation programs for six (6) years, from fiscal year 1998 to 2003, replacing the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). The new law provides $215 billion in spending authority for highways and transit, including High Priority Project funds. Bo The Roanoke Foundation for Downtown1 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 (see attached project description). City Council was not required to provide a resolution endorsing the project application at that time. II Current situation: RFDI received an allocation of $500,000 from the High Priority Project funds for the renovation of the Roanoke Passenger Station. The $500,000 is provided over six years (11% in FY98, 15% in FY99, 18% in FY00, 18% in FY01, 19% in FY02, 19% in FY03). This is not a direct federal grant, but a reimbursement program. Upon execution of all appropriate agreements, 80% of the expenditures incurred are reimbursed by the federal funds. The 80% federal funds require a 20% match. 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 RFDI. Therefore, this project will be coordinated through the City of Roanoke and the Administration Agreement will be with the City. The Virginia Department of Transportation (VDOT) indicates that the project must now be formally endorsed by City Council. A resolution that would Mayor Bowers and Members of City Council Roanoke Passenger Station Restoration No. 99-105 Page 2 January 19,1999 endorse this project also requires that the City agree to pay a minimum of 20 percent of the $500,000 allocation, and that, if the City subsequently elects to cancel the project, the City agrees to reimburse VDOT for the total amount of the costs expended by VDOT through the date of cancellation of the project. III Issues: A. Timing B. Funding C. Legal IV. Alternatives: City Council endorse the Roanoke Passenger Station Renovation project and agree to pay 20 percent of the total cost. Timing is important. RFDI is currently preparing project plans and wishes to proceed at its earliest opportunity. Funding for the project is a maximum of 80 percent federal funds and a minimum of 20 percent local funds. (VDOT requires the City to agree to pay a minimum of 20 percent of the total project cost for this project). The City's match for the project would be provided by RFDI. Legal requirements include, subject to project approval by VDOT, a City/State Agreement by which the State holds the City as the responsible agency for any approved project. RFDI would enter into a separate agreement with the City by which it shall fulfill all of the obligations undertaken by the City, and perform all of the tasks undertaken by the City, by virtue of the City's execution of the City/State Agreement and will comply with each of the requirements set forth in the City/State Agreement and all federal and state regulations and requirements applicable to all work performed on the Project, including performing, or contracting to perform, tasks relating to the preliminary engineering and construction phases of the Project, and procuring consultant services contracts and construction contracts in accordance with the Virginia Public Procurement Act. Mayor Bowers and Members of City Council Roanoke Passenger Station Restoration No. 99-105 Page 3 January 19,1999 City Council not endorse the Roanoke Passenger Station Renovation project. 1. Timing would not be an issue. Funding, in the amount of up to $500,000 in federal funds, would not be received. 3. Legal requirements would not be an issue. ¥. Recommendation is that City Council approve Alternative "A" and: A. Endorse by resolution the Roanoke Passenger Station Renovation project. Agree to pay 20 percent of the $500,000 allocation and, if the City elects to cancel the project, the City would reimburse VDOT for the total amount of costs associated with any work completed on the project through the date of cancellation notice. Authorize the City Manager to execute, on behalf of the City, City/State Agreements for project administration. Authorize the City Manager to execute on behalf of the City a legally binding agreement with RFDI requiring RFDI to be fully responsible for their 20% matching funds as well as all other obligations undertaken by the City by virtue of the City/State Agreement. Respectfully submitted, W. Robert Herbert City Manager WRH/RKB/gpe Attachments copy: City Attorney Director of Finance Director of Public Works Manager, Office of Management & Budget Chief, Planning and Community Development Traffic Engineer Roanoke Foundation for Downtown, Inc. ROANOKE P/%SSENGER HTATION RENOVATIONS AND IMPROVEMENTS CURRENT OWNEPd~HIP: Property deeded to Roanoke Foundation for Downtown, Inc. FUNCTION= Upper level: Visitor Center and possible attractions including Raymond Loewy National Museum Lower Level: For additional office space, area attractions, for Rail Passenger Service Ticket Offices and Baggage Claim area should rail passenger service plans be approved by all interested parties TOT/%L PROJECT COSTS = $2,000,000 Based on the building totaling 20,000 sq. ft. at $100 per sq. ft. Renovations and Improvements include: Upper level: Reconstruction of Ceiling Renovation of back area that was demolished by the Norfolk Southern Railroad to accommodate their freight service General rehabilitation: Cleaning wall surfaces Replacing tiles Elevator Widening of stairs.-to ~ower level to accommodate - rail passenger service Changes to meet ADA standards Update bathrooms remove one and make the remaining ADA compatible Reconstruction of furniture designed by Loewy* Lower Level: Office. rehabilitation New heating and air conditioning system with duct work A & E Fees * Please note that original furniture pieces have been located in private collections and have been offered for donation to the Roanoke Passenger Station Renovation Project. NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY COUNCIL The Roanoke City Council will hold a public hearing 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, fourth floor of the Municipal Building, in order 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 FY 1999-2000. Applicants must submit their project applications to the Virginia Department of Transportation by January 31, 1999, with formal endorsement of the jurisdiction in which the project would be constructed. More details of the TEA-21 program are available in the Traffic Engineering Office ( 853- 2686) or the Planning and Community Development Office (853-2344). If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office (853-2541). Given under my hand this 31 s:c day of December, 1998. Mary Parker City Clerk Please publish in January 5 and January 12, 1999 editions of the Roanoke Times and in appropriate issue of the Roanoke Tribune. Publish in display ad format, not legal ad. Bill to: Robert K. Bengtson, P.E., Traffic Engineer Public Works Service Center 1802 Courtland Road, N.E. Roanoke, Virginia 24012 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk January 22,1999 File #20-60 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34156-011999 amending and reordaining certain sections of the 1998-99 Capital Projects Fund Appropriations, providing for appropriation of $18,900.00, in connection with Amendment No. I to the engineering services contract with Wilbur Smith Associates for additional engineering services for the Central Business District Traffic Signal System, for a total contract amount not to exceed $182,048.00 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, January 19, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc~ W. Robert Herbert, City Manager William F. Clark, Director, Public Works George C. Snead, Jr., Director, Public Safety Barry L. Key, Manager, Office of Management and Budget A. L. Gaskins, Chief of Police Phillip F. Sparks, Chief, Economic Development Evelyn S. Lander, Chief, Planning and Community Development Charles M. Huffine, City Engineer Robert K. Bengtson, Traffic Engineer H:kAGENDA99LIAN [ 9.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of January, 1999. No. 34156-011999. 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 Streets and Bridges $ 22,860,693 CBD Signal System (1) .................................... 197,048 Capital Improvement Reserve $ 3,443,560 Public Improvement Bonds - Series 1996 (2) ................... 4,583,513 1) Appropriated from Bond Funds (008-052-9544-9001) $ 18,900 2) Bridges (008-052-9701-9190) (18,900) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk January 22, 1999 File #20 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 34157-011999 concurring in Downtown traffic pattern alterations and installation of a new signalized intersection in Downtown as more particularly described in a report of the City Manager under date of January 19, 1999. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, January 19, 1999. Sincerely, Mary F. Parker', CMC/AAE City Clerk MFP:Io Attachment pc: William F. Clark, Director, Public Works George C. Snead, Jr., Director, Public Safety Barry L. Key, Manager, Office of Management and Budget A. L. Gaskins, Chief of Police Phillip F. Sparks, Chief, Economic Development Evelyn S. Lander, Chief, Planning and Community Development Charles M. Huffine, City Engineer Robert K. Bengtson, Traffic Engineer HSAGENDA99kIANI 9 WPD 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 1999. No. 34157-011999. A RESOLUTION concurring in Downtown traffic pattern alterations and installation of a new signalized intersection in Downtown. BE IT RESOLVED by the Council of the City of Roanoke that the alterations of traffic patterns on Salem Avenue, S. W., and Campbell Avenue, S. W., and the signalization of the intersection of Williamson Road and Salem Avenue, all as more particularly described in the City Manager's report to this Council, dated January 19, 1999, and its attachments, are hereby concurred in. ATTEST: City Clerk. H,\MEAS~S\R-T~LO.1 January 19, 1999 No. 99-107 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Downtown Traffic Patterns Background 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 been meeting over the past several months with a task force appointed by City staff and comprised of individuals (see Attachment A) interested in this proposal to discuss the challenges and opportunities which such a change in traffic patterns could create for the downtown area. Bo City Council's visioninq process generated 23 draft strategic issue statements which were reviewed with City Council in an April 6, 1998, staff briefing. One of those strategic issues, which relates to downtown development, states "Continue efforts to further develop downtown and its entrance roadways". C. Traffic pattern options that were initially considered included: 1. Change both Salem Avenue and Campbell Avenue to two-way traffic. 2. 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. The City asked its traffic engineering consultant (Wilbur Smith Associates) to evaluate these options. They concluded that these options are technically feasible. The challenges and opportunities associated with these options were thoroughly reviewed by the task force. D The task force believes that changing to two-way streets would support economic investment in downtown by making: access to downtown destinations more direct downtown destinations more visible and easier for people to find Mayor Bowers and Members of Council No. 99-107/Downtown Traffic Patterns Page 2 January 19, 1999 E downtown a more appealing location for businesses by making it less confusing for people to find their way around The task force also indicates that, while slower traffic can be an inconvenience to motorists who are on their way elsewhere, the recent 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. 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. Additionally: 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 Times on June 25, 1998, reported on some of the challenges and opportunities for 2-way traffic. 3. A survey was included on the Internet through Roanoke. Com. o The August edition of The City Show on RVTV (Channel 3) included a segment on this 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 this issue and requested input from the public. Current situation: A Citizens that responded to the open house survey were evenly divided on this issue, 21 persons were for the change to two-way and 21 persons were for keeping the existing street pattern. Attachment B provides a sample of those responses. There was relatively little response to the Internet, television and newspaper requests for opinions on this issue. The matter of the new signal with provisions for a left turn at the VVilliamson Road/Salem Avenue intersection had 75% support from the open house survey. Mayor Bowers and Members of Council No. 99-107/Downtown Traffic Patterns Page 3 January 19, 1999 B C D E One letter signed by 19 downtown business owners and representatives suggested that changing only Salem Avenue to two-way would be a good option. This option was then reviewed by the City's traffic engineering consultant who concluded that this was another feasible option. The three (3) alternative traffic flow options are summarized on the attached map (Attachment C). Task Force approved a recommendation on November 17, 1998, to the City of Roanoke that: 1) 2) 3) the traffic pattern on Salem Avenue be changed to two-way for its entire length the traffic pattern on Campbell Avenue be changed to two-way from 2nd Street west 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. Its installation becomes necessary as part of the overall CBD Signal System Project). Board of Directors of Downtown Roanoke, Inc. resolved to support the task force recommendation at the Board's meeting on December 8, 1998. The Central Business District (CBD) traffic signal system coordinates the operation of 44 signalized intersections in the downtown area. Funding in the amount of $1,350,000 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. It is projected that the new system will also last for 20 years. Completion of the plans for this 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 by City Council on January 21, 1997, for design services for this CBD traffic signal system. A supplemental agreement to this contract would be needed to address additional services related to the two-way traffic plan. The City Manager is "authorized to designate streets upon which traffic is permitted in one (1) direction" (Code of the City of Roanoke (1979), as Amended, Section 20-48. Mayor Bowers and Members of Council No. 99-107/Downtown Traffic Patterns Page 4 January 19, 1999 III Issues: A. Traffic flow B. On-street parking C. Public input D. Timing E. Cost IV Alternatives: A City 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.). This includes signalization of the Williamson Road/Salem Avenue intersection. Traffic flow is expected to be satisfactory based on the results of the traffic engineering study by Wilbur Smith Associates. Compared to existing conditions, it is projected that thera would be a 2 to 4% increase in travel time, a 6 to 8% increase in delay time and average speed reduction of 1 to 3%. By leaving Campbell Avenue alone from Williamson Road to 2nd Street, S.W., the most significant challenges are avoided. On-street parking will need to be eliminated at a few locations while other locations will gain parking. The net effect is that on-street will not be reduced. Public input would appear to support this alternative based upon information received. In general, business and tourism is better served by the flexibility afforded by the new traffic patterns. The task force does endorse this alternative. Timing is critical. Changes will need to begin being implemented in conjunction with the new CBD signal system replacement project. This includes redesign of nine (9) intersections for which additional traffic signal displays would be needed for two-way traffic. This redesign effort is expected to be completed in 60 days, following which the project could be advertised for construction. A minimum of six (6) months will be needed for construction, which results in a late- Mayor Bowers and Members of Council No. 99-107/Downtown Traffic Patterns Page 5 January 19, 1999 B 1999 completion (Y2K is not a problem for the existing system). Repaving of portions of Salem Avenue and Campbell Avenue and completion of the Williamson Road Viaduct are also planned for 1999. Cost to implement the traffic flow change is estimated at $150,000. This additional cost can be funded from the $1,350,000 in bond funds available for the entire CBD Signal System Project in account 008- 052-9701-9191. The construction contract for the new CBD signal system, including funds for traffic flow changes, is expected to be brought to City Council for award in May, 1999. The amount of $18,900 is needed at this time for additional engineering services for Wilbur Smith Associates, funding for which is available from the Streets and Sidewalks Category of the 1996 General Obligation Bonds. City 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 Williamson Road to 5th Street, S.W.). This includes signalization of the Williamson Road/Salem Avenue intersection. Traffic flow is expected to be unsatisfactory based on the results of the traffic engineering study by Wilbur Smith Associates. While it is projected that there would be a 2 to 4% increase in travel time, a 6 to 9% increase in delay time and an average speed reduction of 2 to 3%, there are situations that could be detrimental to traffic flow on Campbell Avenue between Williamson Road and 2nd Street, S.W. These situations include: Motorists would have less flexibility to bypass obstructions in the roadway. For example, there are many occasions, both scheduled and unexpected, when utility companies or City workers must divert traffic to maintain the electrical, gas, telephone, water and sewer lines under Campbell Avenue. Delivery trucks would be obliged to use designated curbside service areas - "double-parking" would not be an option. Motorists would encounter increased delays entering and exiting the Market Square parking garage. Valley Metro buses would encounter increased delays when entering and exiting Campbell Court. Mayor Bowers and Members of Council No. 99-107/Downtown Traffic Patterns Page 6 January 19, 1999 Motorists could encounter gridlock on Market Square due to the short distance available on Campbell Avenue to stack left- turn vehicles between Market Street and Wall Street. On-street parking will need to be eliminated at a few locations while other locations will gain parking. The net effect is that on-street will not be reduced. Public input does not provide a clear consensus. The open house survey results were evenly divided for and against this alternative. Timing is critical. Changes will need to begin being implemented in conjunction with the new CBD signal system replacement project. This includes redesign of twelve (12)intersections for which additional traffic signal displays would be needed for two-way traffic. This redesign effort is expected to be completed in 60 days, following which the project could be advertised for construction. A minimum of six (6) months will be needed for construction, which results in a late- 1999 completion (Y2K is not a problem for the existing system). Repaving of portions of Salem Avenue and Campbell Avenue and completion of the Williamson Road Viaduct are also planned for 1999 Cost to implement this traffic flow change is estimated at $200,000. This additional cost can be funded from the bond funds available for the entire CBD Signal System Project in account 008-052-9701-9191. The construction contract for the new CBD signal system, including funds for traffic flow changes, is expected to be brought to City Council for award in May, 1999. The amount of $24,900 is needed at this time for additional engineering services for Wilbur Smith Associates, funding for which is available from the Streets and Sidewalks Category of the 1996 General Obligation Bonds. City Council concur in no changes to the traffic flow on Salem and Campbell Avenues. Traffic flow would continue to operate as it does today, providing acceptable operating conditions for motorists. 2. On-street parking would not change. Public input does not provide a clear consensus. The open house survey results were evenly divided for and against this alternative. Mayor Bowers and Members of Council No. 99-107/Downtown Traffic Patterns Page 7 January 19, 1999 Timing would enable the new CBD signal system to proceed toward completion without further redesign, with completion occurring in 1999. 5. Cost is not an issue. V Recommendation is that City Council approve Alternative "A" and take the following actions: Ao 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.). This includes signalization of the Williamson Road/Salem Avenue intersection. Authorize Amendment Number 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 for a total amount not to exceed $182,048. Transfer $18,900 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). Respectfully submitted, W. Robert Herbert City Manager WRH/RKB/gpe Attachments c: City Attorney Director of Finance Director of Public Works Director of Public Safety Manager, Office of Management & Budget Chief of Police Chief of Economic Development Chief, Planning & Community Development City Engineer Traffic Engineer Attachment A Downtown Traffic Pattern Task Force Steve Lemon, property owner Richard Wells, property owner Les Oakes, American Electric Power John Bradshaw, former member of City Planning Commission Rob Callahan, restauranteur David Hill, property owner Matt Kennell, Downtown Roanoke, Inc. Chip Holdren, Valley Metro Bill Clark, City Director of Public Works Evie Lander, City Acting Chief of Planning & Community Development Bob Bengtson, City Traffic Engineer Wendy Jacobson, Virginia Tech, Facilitator Attachment B A= Results from June 16, 1998 Open House Survey of traffic patterns Supporters of change to two-way on Salem and Campbell Avenues - typical responses include: 2. 3. 4. 5. 6. 7. o 9. 10. 11. Excellent idea. I was reluctant, but the reasoning appears sound. If the experts recommend it, I'm for it. Easier for visitors to see downtown. Good idea -long overdue. All for it. Great idea; should give the avenues a better address and make them more people friendly. No Problem. I'm for it. Okay, I think it is worth a try. It will give more exposure to Salem Avenue businesses. I think it would help with traffic circulation downtown by reducing travel distances. May have some problems around 5 to 6 p.m., but bearable. Opponents of change to two-way on Salem and Campbell Avenues. Typical responses include: 2. 3. 4. 5. o 11. Sure it will help the businesses, but not the people who work downtown. Would be a terrible mistake! Basically, this is a large gamble that could cause gridlock. Proposal will create 40 left turns across oncoming traffic. Roanoke has continued to grow and prosper with the current pattern, why screw it up with this change? Traffic would be more congested and twice as slow, so very "encouraging" to get people to come downtown. The congestion at rush hour will be a problem. If the slow down becomes too much, we will end up with the opposite effect - people will stop coming downtown. I do not want this to happen. If you want to keep small business in Roanoke, visibility has little to do with it. I have operated in downtown for over 10 years and moved off the market for one reason only - lack of parking. Majority of people would be confused if the changes were made. - Alt. A.- Change all of Salem Avenue to a two-way street and a portion of Campbell Avenue to a two-way street (2nd st. to 5th st.) / -~--~-~~- i -~--- Alt. B. - Change both Salem Avenue and Campbell Avenue to two-way streets i% Alt. C. - Existing Conditions - No Change AD Number: 1054426 Publisher's Fee: $60.86 ROBERT K. BENGTSON, P.E. PUBLIC WORKS SERVICE CENTER 1802 COURTLAND RD., N.E. ROANOKE, VA. 24012 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (the undersigned), an authorized representative of the Roanoke Times, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 1/12/99 FULL RUN - TUESDAY Witness, this 14a th day of January 1999 (Authorized Signature) NOTICE OF PUBUC HEARING BElnDRE THE holcl a publl~ he~d~g on Tues. day, Janumy 19, 1999, at 7:00 P.m. or aa soon ttmmafter tm the City. Council Chamber, lng. 2/5 Ctm~h Avenue, S.W., In o~der to con~kler ehan~nl~ s~ s.w.,) and SUe~ S.W.) and o~her reU~d are ava#aMe Inr the Traffic F-nemnn~ ofr~ ¢~a-~r~.. G~ u~ my hand this/2th (~0~442~) NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY COUNCIL The Roanoke City Council will hold a public heating 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, Fourth Floor, Municipal Building, 215 Church Avenue, S. W., in order to consider 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.) and other related traffic matters. More details of the proposal are available in the Traffic Engineering Office (853- 2686). If you are a person with a disability who needs accommodations for this public heating, contact the City Clerk's Office (853-2541). Given under my hand this 12 e~ay of January, 1999. Mary F. Parker, City Clerk Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk January 22, 1999 File #18-184 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, January 19, 1999, Mr. Lylburn C. Ollie, 1522 Rorer Avenue, S. W., a City employee, requested that his five per cent longevity step, which was included in a previous City pay plan, be granted. It was the consensus of Council that the request would be referred to the City Manager and the City Attorney for report to Council within 30 days. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Mr. Lylburn C. Ollie, 1522 Rorer Avenue, S. W., Roanoke, Virginia 24016 HAAGENDA99~JAN 19.WPD MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk January 22, 1999 File #85 Barbara N. Duerk, Chair City Planning Commission 2607 Rosalind Avenue, S. W. Roanoke, Virginia 24014 Dear Ms. Duerk: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, January 19, 1999, Mr. Jeff Artis, 727 Highland Avenue, S. E., representing the Southern Christian Leadership Conference, requested that Orange Avenue be renamed Martin Luther King, Jr. Avenue. It was the consensus of Council that the request would be referred to the City Planning Commission for study, report and recommendation to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Mr. Jeff Artis, 727 Highland Avenue, S. E., Roanoke, Virginia 24013 W. Robert Herbert, City Manager Evelyn S. Lander, Chief, Planning and Community Development Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk January 22, 1999 File #20-66 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, January 19, 1999, Mr. Kevin Jones, 1120 Kerns Avenue, S. W., addressed Council with regard to the need for clarification in connection with payment of 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 submit an appeal, and requested that City Council continue to address the issue of adequate parking in downtown Roanoke. It was the consensus of Council that Mr. Jones' concerns would be referred to you for the purpose of bringing the matter to the attention of appropriate court officials, with a follow-up report to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Mr. Kevin Jones, 1120 Kerns Avenue, S. W., Roanoke, Virginia 24015 James D. Grisso, Director of Finance Dana D. Long, Chief, Billings & Collections H:LatGENDA99UAN 19,WPD JAMES D. GRISSO Director of Finance January 22, 1999 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P. O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director Kevin and Melia Jones 1120 Kerns Avenue, S.W. Roanoke, Virginia 24015 Dear Kevin and Melia: We have discussed the various issues related to court' cost associated with parking tickets and reviewed our current procedures. The Parking Ticket Collector, as a standard practice, informs all violators that call they may be subject to court cost, ff a sulnmons is issued. As you indicated in your comments before City Council, January 19, 1999, you wanted your day in court and called to request the summons. We are in the pro~.ess of ordering parking tickets and under the caption "Court Hearing Request' will add the following language: In addition to any fine and/or penalty, court costs may be added to the total amount due. In the twlikely event that you or your wife should ever receive another parking ticket, we hope that the above 'modification' will provide you some satisfaction and sense of accomplisbmenL Future parking ticket recipients will be more informed. Thank you for your professional attitude and manner in making your presentation to City Council. Sincerely, Director of Finance JDG:s Kevin and Mella Jones January 22, 1999 Page 2 C: Mayor and Members of City Council W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk Dana Long, Chief, Billings and Collections