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Council Actions 11-02-98
Swain 34063 ROANOKE CITY CO UNCIL RE G UL4R SESSION November 2, 1998 2:00p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-- Roll Call. All Present. The Invocation was delivered by The Reverend Diane Scribner Clevenger, Pastor, Unity Church of Roanoke Valley. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, November 5, 1998, 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. PRESENTATION: A Proclamation declaring the month of November 1998 as "America Recycles Month: Roanoke". File tt3-282 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. 2 C-1 Minutes of the regular meetings of City Council held on Monday, August 3, 1998, and Monday, August 17, 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. C-3 RECOMMENDED ACTION: Concur in request for Council to convene in File//132 Executive Session. A report with regard to first quarter personnel lapse funds for fiscal year 1998-99. RECOMMENDED ACTION: Receive and file. File//385 C-4 Qualification of the following persons: James O. Trout and Phillip F. Sparks as City Representatives to Virginia's First Regional Industrial Facility Authority for terms ending September 24, 2002; and File//15-110-526 Jesse A. Hall as an Ex-Officio member of the Roanoke Valley Juvenile Detention Center Commission for a term ending June 30, 2002. File//15-110-305 C-5 RECOMMENDED ACTION: Receive and file. A communication from James E. Cornwell, Jr., Esq., transmitting a Certificate from the Secretary of the Commonwealth, pursuant to Section 15.2- 6402 of the Code of Virginia, 1950, as amended, which provides for creation of Virginia's First Regional Industrial Facility Authority. RECOMMENDED ACTION: Receive and file. File//526 3 C-6 A report of the City Manager recommending that a public hearing be scheduled for Monday, November 16, 1998, at 7:00 p.m. to consider acquisition of certain property in connection with the Roanoke River Interceptor Sewer Replacement project. RECOMMENDED ACTION: File #27 Concur in recommendation to schedule a public hearing for Monday, November 16, 1998, at 7:00 p.m. C-7 A report of the City Manager requesting an Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of an economic development contract in negotiation, pursuant to §2.1-344(A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: File #132 Concur in request for Council 'to convene in Executive Session. REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: ao Presentation with regard to activities and accomplishments of Downtown Roanoke, Inc., for fiscal year 1998. Robert S. Callahan, Jr., Chairperson, Downtown Roanoke, Inc. (5 minutes) Received and filed. File #277 bo Presentation with regard to activities of the City Action Team, and activities of the Cost Collection Unit of the Commonwealth Attomey's Office. The Honorable Donald S. Caldwell, Commonwealth's Attomey. (5 minutes) Received and filed. File #133 4 Request to address Council with regard to the lack of a public easement to properties perceived to be public right-of-way located on Old Country Club Road, commencing at Melrose Avenue and extending to properties of the Roanoke Country Club. Mr. James A. Croan, Spokesperson. (5 minutes) The matter was referred to the City Manager for investigation and report to Council. File #28-66-166 Request to address Council with regard to financial assistance from the City of Roanoke for renovations to The Jefferson Center. Warner N. Dalhouse and William B. Hopkins, Sr., Spokespersons. (5 minutes) The matter was tabled until the regular meeting of Council on Monday, November 16, 1998, at 2:00 p.m. (Council Member White voted no.) File #60-337 PETITIONS AND COMMUNICATIONS: None. 5. REPORTS OF OFFICERS: a. CITY MANAGER: None. ITEMS RECOMMENDED FOR ACTION: A report recommending authorization to amend the Annual Update to the Consolidated Plan for fiscal year 1998-99, and to execute Amendment No. 3 to the Community Development Block Grant Agreement with the Roanoke Neighborhood Development Corporation. Adopted Ordinance No. 34063-110298 and Resolution No. 34064-110298. (7-0) File #60-178-236 5 A report recommending authorization to amend the Annual Update to the Entitlement Consolidated Plan for fiscal year 1998-99, and to execute a Community Development Block Grant/HOME Agreement with Blue Ridge Housing Development Corporation. Adopted Ordinance No. 34065-110298 and Resolution No. 34066-110298. (6-0) (Council Member White abstained from voting.) File #60-178-236 o A report with regard to the feasibility of removing parking meters from City streets. Adopted Ordinance No. 34067-110298. (7-0) File #20-60 o A report recommending acceptance of funds, in the amount of $126,709.00, from the State Department of Fire Programs to be used for the purchase of materials and equipment for training and development and for fire suppression equipment. Adopted Ordinance No. 34069-110298. (7-0) File #60-70-472 34068-110298 and Resolution No. A report recommending that the City Manager be authorized to enter into an agreement to use Department of Fire Program funds to finance and construct a regional Fire-EMS training center on a site located on Kessler Mill Road in Roanoke County. Adopted Ordinance Nos. 34070-110298 and 34071-110298. (7-0) File #60-70-354 o A report recommending appropriation of $15,000.00 to fund preliminary engineering studies, title reports, appraisals, document preparation, surveys and testing; and that the City reimburse itself $15,000.00 from the sale of Series 2000 bonds, in connection with Franklin Square Park. Adopted Ordinance 34073-110298. (7-0) File #53-60-67 No. 34072-110298 and Resolution No. o A report in connection with the purchase of trucks and a utility body to provide for continued operation of Utility Line Services, Water Department and the Civic Center. Adopted Resolution No. 34074-110298. (6-0) (Mayor Bowers abstained from voting.) File #192-268-468-472 A report recommending that a public hearing be scheduled for Monday, November 16, 1998, at 7:00 p.m., to consider the conveyance of real estate commonly known as 118 Campbell Avenue, which will be proposed to be sold for economic development purposes. Concurred in the recommendation. File 02-166-450 At 4:05 p.m., Mayor Bowers and Council Member White left the meeting. The Vice-Mayor presided over the remainder of the meeting. 7 DIRECTOR OF FINANCE: A report in connection with an increase in the pension multiplier for City employees to reflect an increase in the maximum of average final compensation from 60 per cent to 63 per cent, effective January 1, 1999; and to provide for an increase in the lump sum distribution from $3,500.00 to $5,000.00, pursuant to the Taxpayer Relief Act of 1997. Adopted Ordinance No. 34075 on first reading. (4-1) (Council Member Swain voted no.) File #60-184-429 A financial report for the month of September, 1998. Received and filed. File #10 6. REPORTS OF COMMITTEES: A report of the Bid Committee in connection with bids received by the City for the Railside Linear Walk, Phase II, recommending acceptance of the bid submitted by H. & S. Construction Company, in the amount of $574,960.90, 180 calendar days for completion of construction, a project contingency of $57,000.00, appropriation of $631,961.00; and a report of the City Manager concurring in the recommendation of the Bid Committee. Council Member Carroll E. Swain, Chairperson. Adopted Ordinance Nos. 34076-110298 and 34077-110298. (5-0) File #60-392 A report of the Legislative Committee transmitting the City's proposed 1999 Legislative Program. Council Member William White, Sr., Chairperson. Concurred in the report. File #137 7. UNFINISHED BUSINESS: None. 8 Se INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ao Ordinance No. 34055, on second reading, amending and reordaining subsection (c) of Section 22.1-44, Normal service retirement, and subsection (b) of Section 22.1-45, Early service retirement allowance, and Section 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) per cent for each year of creditable service subject to a maximum of sixty-three (63) per cent 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. Adopted Ordinance No. 34055-110298 on second reading. (4-1) (Council Member Swain voted no.) Angela Norman, a City employee, 1731 Michael Avenue, N. W., requested that Council treat all City employees equally and approve a 5 per cent increase for the 206 employees under the Employees Retirement System whose current pension multiplier is 1.43 per cent. The request was referred to the Director of Finance for report. File #184-429 Ordinance No. 34056, on second reading, amending and reordaining Section 22.1-3, Membership generally, of Chapter 22.1, P_.e. ll~llrl~_a~ 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. Adopted Ordinance No. 34056-110298 on second reading. (5-0) File #184-429 Ce Ordinance No. 34057, on second reading, rezoning a tract of land located on the east side of Kimball Avenue, N. E., bearing Official Tax No. 3010101, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. Adopted Ordinance No. 34057-110298 on second reading. (5-0) File #51 Ordinance No. 34058, on second reading, permanently vacating, discontinuing and closing 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. Adopted Ordinance No. 34058-110298 on second reading. (5-0) File #514 Ordinance No. 34059, on second reading, permanently vacating, discontinuing and closing an undeveloped alley running parallel to 19th Street, N. E., between 1910 and 1912 Eastgate Avenue, Official Tax Nos. 3341031 and 3341032, respectively. Adopted Ordinance No. 34059-110298 on second reading. (5-0) File #514 Ordinance No. 34060, on second reading, permanently vacating, discontinuing and closing a portion of Ferndale Drive, N. W., bounded on the west by property of the City of Roanoke, identified as Official Tax No. 6460103, and on the north and east by Official Tax Nos. 6460101 and 6460106. Adopted Ordinance No. 34060-110298 on second reading. (5-0) File #514 l0 go Ordinance No. 34061, on second reading, rezoning two tracts of land at or near the northern terminus of Femdale Drive, N. W., and abutting the western boundary of Interstate Route 581, designated as Official Tax Nos. 6460101 and 6460106, from C-2, General Commercial District, to LM, Light Manufacturing District. Adopted Ordinance No. 34061-110298 on second reading. (5-0) File tt51 ho Ordinance No. 34062, on second reading, 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. Adopted Ordinance No. 34062-110298 on second reading. (5-0) File 1128-262-386 A Resolution reappointing a Director of the Industrial Development Authority of the City of Roanoke to fill a four (4) year term on its Board of Directors. Adopted Resolution No. 34078-110298. (5-0) File 11110-207 9. MOTIONS AND MISCELLANEOUS BUSINESS: ao Inquiries and/or comments by the Mayor and Members of City Council. Council Member Swain requested a briefing on the City's new computer program for monitoring citizen complaints (Respond). File 1166 Council Member Swain expressed concern with regard to littering of property around fast food restaurants and inquired as to the feasibility of the City forming a partnership with business owners to address the problem. File 11144 Council Member Wyatt commended a program sponsored by the Roanoke Valley Legal Secretaries Association in which teddy bears are collected and provided to police officers to be given to children in stressful situations. File #5-80 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 OUR 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. Robert Gravely, 1412 Moorman Road, N. W., addressed Council with regard to crime, sale of drugs, housing and littering of property in the City of Roanoke. File #5-76-144-178 CERTIFICATION OF EXECUTIVE SESSION: (5-0) Robert C. Poole was appointed as a member of the Roanoke Civic Center Commission for a term ending September 30, 2001. File #15-110-192 Jeff Updike was appointed as a member of the Special Events Committee for a term ending June 30, 1999. File #110-317 12 Given under our hands and the Seal of the City of Roanoke this second day of November nineteen hundred and ninety-eight. Clean Valley Council was established in 1978 to provide leadership for the Roanoke Valley by advocating responsible waste management; and WHEREAS, WHEREAS, America Recycles Day: Roanoke, Virginia, was formed as an event to support the national and state initiative, which is being recognized on November 1 $, 1998; and the goal of America Recycles Day: Roanoke, is to encourage environmental education and the conscious targeting of school age children and their parents; and WHEREAS, the second annual recycles event presents an opportunity for businesses to showcase their support and commitment to the environment as a good neighbor. NOrV, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, urge all citizens to promote recycling in the community by supporting America's theme, "If you're not buying recyclea~ you 're not really recycling " and do hereby proclaim November, 1998, throughout this great All-America City, as AMERICA RECYCLES: ROANO~'I~'~ MONTH. David A. Bowers Mayor ACTION: REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL August 3, 1998 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, August 3, 1998, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Vice-Mayor C. Nelson Harris presiding, pursuant to Rule 1, Re_~ular Meetin_~s, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, W. Alvin Hudson, Jr., and Vice-Mayor C. Nelson Harris ........... 6. ABSENT: Mayor David A. Bowers ........................................................... 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Sandra H. Eakin, Deputy City Clerk. WAR MEMORIAL: The City Manager introduced Richard Burrow, President of the National D-Day Memorial Foundation, for a presentation with regard to the D-Day Memorial project to be built in the City of Bedford, Virginia. Mr. Burrow expressed appreciation to the City for its contribution of $250,000.00 for the D-Day Memorial. He presented a model of the memorial project, and explained that the project will include three plazas which will represent the past, the present and the future; the memorial will display flags from the thirteen nations that assisted in the war; and it will include an educational center and a theater that will hold two classrooms of students. Mr. Burrow advised that the project has now moved beyond the planning stages; the ground breaking ceremony was held on November 11, 1997; and much effort is being put forth to make this endeavor become a reality. He further explained that the National D-Day Memorial Foundation has raised $7 million of its $12 million goal, and that several entities have extended their pledges beyond the original pledge. Mr. Burrow requested that the City consider extending its pledge for funding for two years beyond its original five year pledge, and expressed appreciation to the City for its continued support. Without objection by Council, the Vice-Mayor advised that the briefing would be received and filed. ACTION: ACTION: COUNCIL-INDUSTRIES: A report of the City Manager requesting that Council convene in Executive Session to discuss a prospective business or industry where no previous announcement has been made of the business or industry's interest in locating its facilities in this community, specifically to discuss inducements that may be offered to such business or industry to locate its facilities in this community, pursuant to Section 2.1-344 (A)($), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a prospective business or industry where no previous announcement has been made of the business or industry's interest in locating its facilities in this community, specifically to discuss inducements that may be offered to such business or industry to locate its facilities in this community, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended..The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................................................... 6. NAYS: None ......................................................................................... O. (Mayor Bowers was absent). COUNCIL-INDUSTRIES: A report of the City Manager requesting that Council convene in Executive Session to discuss the expansion of an existing business where no previous announcement has been made of the business' interest in expanding in the community, specifically to discuss inducements that may be offered to such business to expand in this community, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the City Manager to convene in Executive Session to discuss the expansion of an existing business where on previous announcement has been made of the business' interest in expanding in the community, specifically to discuss inducements that may be offered to such business to expand in this community, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ............................................................................................................ 6. NAYS: None ......................................................................................... 0. (Mayor Bowers was absent). At 12:55 p.m., the Mayor declared the meeting in recess to convene in Executive Session. At 1:19 p.m., the meeting reconvened in the Council Chamber, with Vice-Mayor Harris presiding, and all Members of the Council in attendance with the exception of Mayor Bowers. ACTION: 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. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................................................... 6. NAYS: None .......................................................................................... 0. (Mayor Bowers was absent). At 1:20 p.m., the Vice-Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, August 3, 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, Vice-Mayor Harris presiding. PRESENT: Council Members Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, W. Alvin Hudson, Jr., and Vice-Mayor C. Nelson Harris ............ 6. ABSENT: Mayor David A. Bowers ........................................................... 1. 3 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 Sandra H. Eakin, Deputy City Clerk. The reconvened meeting was opened with a prayer by The Reverend Philip E. Motley, Pastor, Grandin Court Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Harris. CONSENT AGENDA The Vice-Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to one request for Executive Session to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. COMMITTEES-COUNCIL: A communication from Vice-Mayor C. Nelson Harris 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 Vice- 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 Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). 4 ENTERPRISE ZONE-ECONOMIC DEVELOPMENT: The City Manager submitted a written report requesting that a public hearing be scheduled for Monday, August 17, 1998, at 7:00 p.m., to consider recommendations made by the Office of Economic Development for proposed boundary amendments to Enterprise Zone One. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. White moved that Council concur in the request to schedule a public hearing for Monday, August 17, 1998, at 7:00 p.m. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). WATER RESOURCES: The City Manager submitted a written report with regard to issuance of an emergency change order to the City's contract with J & W Sandblasting of North Carolina, Inc., for painting the interior of the Carroll Avenue Water Tank. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. White moved that the report of the City Manager be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). PENSIONS: The Director of Finance submitted a written report with regard to the cost-of-living adjustment for eligible members of the City of Roanoke Pension Plan. (For full text, see report on file in the City Clerk's Office.) 5 ACTION: ACTION: Mr. White moved that the report of the Director of Finance be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). LIBRARIES-ROANOKE ARTS COMMISSION-PENSIONS- GREENWAY SYSTEM-FIFTH PLANNING DISTRICT COMMISSION- OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Brenda L. McDaniel as a member of the Roanoke Public Library Board for a term ending June 30, 2001; R. Matthew Kennell as a member of the Roanoke Arts Commission for a term ending June 30, 2001; Randall J. Scoff as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2000; Brian M. Shepard as a member of the Roanoke Valley Greenways Commission for a term ending June 30, 2001; and W. Alvin Hudson, Jr., as a member of the Fifth Planning District Commission to fill the unexpired term of C. Nelson Harris ending June 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: 6 AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. $1,060,000.00 for architectural and engineering design services for school capital projects; funding will be provided from capital funds from the 1997 Capital Bond Issue and the 1999 State Construction Grant; $354,640.00 for the integrated technology system for Lucy Addison Middle School; funding will be provided from the 1997 Capital Bond Issue for Technology; and $56,381.00 for the purchase of the media management component of the integrated technology system for Woodrow Wilson Middle School; funding will be provided from the 1997 Capital Bond Issue for Technology. 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: (#33949-080398) AN ORDINANCE to amend and reordain certain sections of the 1998-99 School Capital Projects Fund Appropriations, and providing for an emergency. ACTION: (For full text of Ordinance, see Ordinance Book No. 61, page 77.) Mr. Trout moved the adoption of Ordinance No. 33949-080398. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). Mr. Trout offered the following resolution: (#33950-080398) A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for architectural and engineering services for particular school buildings and declaring the City's intent to borrow to fund or reimburse such expenditures. (For full text of Resolution, see Resolution Book No. 61, page 78.) Mr. Trout moved the adoption of Resolution No. 33950-080398. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). Mr. Trout offered the following resolution: (#33951-080398) A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for a media management system at Woodrow Wilson Middle School and declaring the City's intent to borrow to fund or reimburse such expenditures. (For full text of Resolution, see Resolution Book No. 61, page 79.) 8 ACTION: Mr. Trout moved the adoption of Resolution No. 33951-080398. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). Mr. Trout offered the following resolution: (#33952-080398) A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for an integrated technology system at Lucy Addison Middle School and declaring the City's intent to borrow to fund or reimburse such expenditures. (For full text of Resolution, see Resolution Book No. 61, page 80.) Mr. Trout moved the adoption of Resolution No. 33952-080398. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: CITY EMPLOYEES-PERSONNEL-COMPLAINTS-EMERGENCY SERVICES: The City Manager submitted a written report advising that on Monday, July 6, 1998, Ronald A. Mathews, a former member of the Fire-EMS Department, addressed Council concerning two issues, the first being that the Fire-EMS Department is not adhering to Department of Labor regulations relating to overtime pay for employees who 9 provide ambulance service. It was advised that the Fire-EMS Administration has met with the local office of the Department of Labor and provided all requested information of work schedules, tasks, and percentage of time spent performing ambulance and flrefighting duties; additionally, Fire-EMS Chief Grigsby has contacted the Department of Labor requesting formal documentation of concerns and/or problems with the Fire-EMS Department's applications and interpretation of labor regulations; and verbally, the Department of Labor has expressed concerns, but has not issued any written determination of alleged violations and has not presented anything else to the City in writing; and the City administration will work very closely with the Department of Labor to clarify any concerns and to address issues that may be raised. The City Manager further advised that the second issue raised by Mr. Mathews concerned the safety of employees performing EMS functions and citizens who receive service from the employees who are working a twenty-four hour shift; that prior to adopting the current work schedule, substantial research was conducted to determine the effect on public safety; due to the number of medic units and medically trained personnel available, the City administration firmly believes that the twenty-four hour shift does not present a safety concern to the citizens or department personnel; the Fire-EMS Department's work volume, shift configuration and task assignments compare favorably with industry standards and is common to many flrefighting/emergency medical services departments throughout the country; and if the Department of Labor formally cites the City for any violation of labor regulations, the City administration and City Attorney's Office will work closely to address the concerns. (For full text, see report on file in the City Clerk's Office.) Without objection by Council, the Vice-Mayor advised that the report of the City Manager would be received and filed. Mr. Ronald A. Mathews, Route 3, Box 203, Goodview, Virginia, addressed Council with regard to the City's alleged failure to comply with Federal Labor Laws by failing to pay overtime to Emergency Medical Services employees. (For full text, see remarks on file in the City Clerk's Office.) 10 Without objection by Council, the Vice-Mayor advised that the remarks of Mr. Mathews would be referred to the City Manager for his information. CITY EMPLOYEES-PERSONNEL-COMPLAINTS: The City Manager and the City Attorney submitted a joint written report advising that at the regular meeting of City Council held on July 6, 1998, Evelyn D. Wheeler, a City employee, appeared before Council and raised certain issues with respect to the City's Grievance Procedure; and by motion, City Council requested the City Manager and City Attorney to respond to the issues raised by Ms. Wheeler, and in addition, Council requested the City Manager to prepare a report on the number of grievances filed during the past ten years and the disposition of each case. The City Attorney advised, in response to Ms. Wheeler's remarks that statements and supporting evidence of the grievant are disregarded prior to the Personnel and Employment Practices Commission (PEPC) hearings, that the four steps in the Grievance Procedure prior to the hearing before a panel of the PEPC are (1) informal meeting with immediate supervisor, (2) department manager, (3) director, and (4) City Manager; it is the policy of the City to encourage resolution of employee problems and complaints, without resort to the formal grievance procedure, through open and free discussion of such complaints with immediate supervisors and the various levels of management; that many employee complaints and concerns are resolved informally without resort to the formal Grievance Procedure; to the extent that complaints cannot be resolved informally, the Grievance Procedure provides an immediate and fair method for the resolution of disputes; of those complaints that are taken to the Grievance Procedure, a significant number are resolved at the informal meeting with the immediate supervisor, and although many grievances are resolved at this informal level, there is no statistical data because of the informal, non-written format; 99 of 134 grievances which proceeded beyond the first, informal step were resolved prior to the PEPC hearing level; accordingly, it would appear that statements and evidence submitted by employees prior to the Commission level hearings are being accorded considerable weight and given careful review and consideration. The City Attorney further advised, in response to Ms. Wheeler's objections to the composition and qualifications of members of the Personnel and Employment Practices Commission, and vacancies on the Commission, that Section 2-83 of the Code of the City of Roanoke 11 (1979), as amended, establishes the qualifications of members of the PEPC; that the current membership of the PEPC consists of three white males, one black male, three white females and one black female, with three City of Roanoke employees included in the membership; and that none of the City employee members of the PEPC is a manager or administrator. Also, in response to Ms. Wheeler's complaint that members of the PEPC suffer from conflicts of interests and that panels of the PEPC have violated Section 2-85.1(d) of the City Code which prohibits a panel member from hearing a grievance involving his or her own department, office or agency of City Government, the City Attorney advised that at times members of the PEPC will be acquainted with employee-grievants, administrators, counsel and witnesses appearing before the PEPC; however, mere acquaintance, even in the formal judicial setting, does not require automatic disqualification, and prior to any grievance hearing, the grievant is accorded an opportunity to raise any preliminary matters, such as to object to any panel member the grievant believes to suffer from a conflict of interests; and if an employee believes there is a violation of that section of the City Code which prohibits a panel member from hearing a grievance involving his or her own department, office or agency of City Government, the employee should raise this issue prior to the hearing so that it can be ruled upon by the panel with the advice of its independent legal counsel. With regard to Ms. Wheeler's complaint that the PEPC does not choose its own Chairperson and Vice-Chairperson, the City Attorney advised that the PEPC held its last annual meeting on August 15, 1997, at which time it elected a Chairperson and a Vice-Chairperson; that historically, it is true that the PEPC has on several occasions failed to hold its annual organizational meeting because of its under strength condition; however, it will be recommended to the PEPC in the future that it hold its annual meeting regardless of whether the group is at full strength so long as a quorum is available. In response to Ms. Wheeler's complaint that, over the past ten years, forty-four grievances have come before a panel of the PEPC and an employee has not won any grievance, the City Manager provided statistical data establishing that since July 1992, 134 formal complaints which raised grievable issues were filed and that ninety-nine of these grievances were resolved at the administrative level, and of the 35 grievances that were not resolved at the administrative level and proceeded to a panel hearing, in three of these grievances, the decision of management was overturned by the PEPC. 12 (For full text, see report on file in the City Clerk's Office.) Without objection by Council, the Vice-Mayor advised that the report of the City Manager and City Attorney would be received and filed. Ms. Evelyn D. Wheeler, 3021 Ashwood Circle, N. E., addressed Council in response to the report of the City Manager and City Attorney regarding the City's grievance procedure for its employees. She stated that the data in this report appears to be riddled with errors and inconsistencies that reflect numbers and information that do not exist; and therefore, on behalf of many City employees, requested that Council make an investigation according to provisions of the City Code; and requested that the City's current grievance procedure be abolished and the State Employees' Grievance Procedure be adopted by the City. The Vice-Mayor requested that Ms. Wheeler submit her comments to the City Clerk, as well as any additional information she would want Council to have. (For full text, see statement on file in the City Clerk's Office.) Without objection by Council, the Vice-Mayor advised that the remarks of Ms. Wheeler would be referred to the City Manager for his information. Mr. Ronald A. Mathews, Route 3, Box 203, Goodview, Virginia, addressed Council with regard to the City's grievance procedure and the question of the Personnel and Employment Practices Commission (PEPC) panel's impartiality; and reviewed certain biographical information about the members of the PEPC, including the present panel members of the PEPC that hear grievances. He stated that the City Manager's report to Council indicates that the composition of the panel is supposed to comprise a cross section of the City work force, but he would hardly say that these people, who are top paid professionals, are a cross section; that now it is within Council's power to adopt the State Grievance Procedure; and he urged City Council to look into this and adopt a procedure that will give City employees their due process rights. 13 The Vice-Mayor requested that Mr. Mathews put his remarks in writing, as well as any other documents or documentation that he would like for Council to see, and submit it to the City Clerk to allow Council an opportunity to review the information more closely. (For full text, see remarks on file in the City Clerk's Office.) Without objection by Council, the Vice-Mayor advised that the remarks of Mr. Mathews would be referred to the City Manager for his information. At 3:12 p.m., the Vice-Mayor declared the meeting in recess. At 3:20 p.m., the meeting reconvened in the Council Chamber, with Vice-Mayor Harris presiding, and all Members of the Council in attendance with the exception of Mayor Bowers. ITEMS RECOMMENDED FOR ACTION: HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that the Roanoke Redevelopment and Housing Authority has administered numerous CDBG and HOME Investment Partnerships (HOME) activities for the City; Council authorized the Roanoke Redevelopment and Housing Authority's 1998-99 CDBG activities and funding as part of the Annual Update to the Consolidated Plan (Annual Update) approved for submission to the U. S. Department of Housing and Urban Development (HUD) on May 11, 1998, by Resolution No. 33830-051198; Council accepted the 1998-99 CDBG funds on June 15, 1998, pending receipt of the approval letter from HUD, by adopting Resolution No. 33875-061598 and Budget Ordinance No. 33874-061598; and HUD approval of the Annual Update is forthcoming. It was advised that a total of $787,251.00 in CDBG funds has been budgeted for the RRHA's 1998-99 CDBG Agreement with $757,651.00 in new and carry-over CDBG funds being budgeted for the RRHA's 1998-99 project and support costs for eight CDBG-funded activities and $30,000.00 in CDBG funds being budgeted for the RRHA's 1998-99 general administrative costs relating to the CDBG-funded activities; and Council is requested to approve execution of an Agreement with the RRHA in order to implement the CDBG and HOME activities and permit reimbursement to the RRHA for costs incurred. 14 The City Manager recommended that he or the Assistant City Manager be authorized to execute, and the City Clerk to attest, the 1998-99 CDBG Agreement with the Roanoke Redevelopment and Housing Authority and amendments thereto, if necessary, approved as to form by the City Attorney within the limits of funds and the purposes set forth in the report. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33953-080398) A RESOLUTION authorizing the execution of an agreement with the Roanoke Redevelopment and Housing Authority for services related to the administration of Community Development Block Grant (CDBG) funds for FY 1998-1999. (For full text of Resolution, see Resolution Book No. 61, page 81.) ACTION: Mr. Trout moved the adoption of Resolution No. 33953-080398. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). WATER RESOURCES: The City Manager submitted a written report advising that Wheelabrator Clean Water Systems, Inc., had a one year contract from September 1994 to September 1995, with the option to renew for four additional one year periods to remove, haul, and dispose of digested, lagooned sludge from the Water Pollution Control Plant; the present contract price is $89.54 per dry ton for a minimum of 7,000 dry tons (and a maximum of 11,000 dry tons) for the one year contract; price fluctuation per dry ton of sludge is based on the Consumer Price Index; and the option was taken for five years because of the time required to have land parcels approved for sludge application. 15 It was explained that the fifth year contract with Wheelabrator Clean Water Systems, Inc., would be a unit price of $91.05 per dry ton with a minimum of 7,000 dry tons, or $637,350.00 and a maximum of 11,000 dry tons, or $1,001,550.00; and the base contract would be for the 7,000 dry tons with additional tonnage being approved monthly by administrative change order. The City Manager recommended that he be authorized to renew the contract with Wheelabrator Clean Water Systems, Inc., for the fifth year to remove, transport, and dispose of sludge at the rate of $91.05 per dry ton, not to exceed 11,000 dry tons, for an amount not to exceed $1,001,550.00 with the time of contract being one year and funding available in the Sewage Treatment Fund. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: (#33954-080398) AN ORDINANCE authorizing execution of an amendment extending for an additional term of one year a contract with Wheelabrator Clean Water Systems, Inc., for removing, transporting and disposing of digested lagooned sludge from the City's Water Pollution Control Plant; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 82.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33954-080398. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). POLICE DEPARTMENT-BUDGET: The City Manager submitted a written report advising that Council authorized preparation of a Long- Range Facilities Master Plan by the Vitetta Group Incorporated (Alexandria, Virginia) and its subsidiary, Daniel C. Smith & Associates, in November 1995; included as part of that study was the Roanoke City Police Department and its current facility, the Third Street Annex; final 16 recommendations of the Long-Range Facilities Master Plan were presented to Council in February 1997; and the first priority recommended under the plan by the consultant was to construct a public safety building, and in particular a new facility for the police department. It was advised that Council adopted the Five-Year Capital Improvement Program (CIP) for fiscal years 1998-2002 in July 1997; a proposal for the first phase of a new police facility was included under "Supplemental Capital Improvement Program - Priority I" in CIP; under Ordinance No. 33807-050498, Council authorized acquisition of property located at 348 Campbell Avenue, S. W., to house the proposed police annex facility; and legal advertisement was placed in the May 17, 1998 editions of The Roanoke Times and Richmond Times, and in the May 21, 1998 edition of The Roanoke Tribune, soliciting proposals from qualified A & E consulting firms/teams to provide the required professional services required to design the proposed police annex building. It was further advised that two consultant design teams submitted replies to the City's Request for Proposals, and based on the quality of the consultants that comprised each design team, interviews were scheduled with both teams to provide the desired services; the two respondents were Sherertz Franklin Crawford Shaffner, Inc. (with Daniel C. Smith and Associates and Phillips Swager Associates, specialists in planning and design of police departments/facilities) and Martin & Associates, P. C. (with McClaren, Wilson & Lawrie, Inc., specialists in planning and design of police departments/facilities); and following interviews with the two design teams, Martin & Associates, P. C., of Roanoke was selected to provide the needed services. The City Manager recommended that Council take the following actions: Authorize the City Manager to enter into a contractual agreement with Martin & Associates, P. C. (with McClaren, Wilson & Lawrie, Inc. as prime police facilities subconsultant) to provide architectural and engineering services necessary for the Police Annex Building for the lump sum amount of $296,800.00 and approximately 24 months to complete the pre-design phase, to design the new facility, prepare contract documents and provide construction administration services; 17 ACTION: Appropriate $222,300.00 from proceeds from sale of Series 2000 bonds to Capital Projects Fund Account No. 008-052- 9564-9001, "Police Building Construction"; the breakdown shown below includes the cost for basic A & E services, reimbursable expenses related to travel, hotel, meals, reproduction of five sets each of schematic, preliminary and bid (construction) documents, and other such expenses; the cost to provide "as-built" drawings of existing building (if such drawings cannot be obtained from former building owner); and, the cost to advertise the Request for Proposals. Fee for Basic A & E Services Reimbursable Expenses (travel, hotel, meals, etc.) Prepare "As-Built" Drawings Advertise RFP Appropriated Previously (33761-040698) Net Amount Requested $280,000.00 11,000.00 5,800.00 500.00 (75.000.00) $222,300.00 Adopt a resolution indicating the City's intent to reimburse itself $222,300.00 upon the issuance of Series 2000 General Obligation bonds; the maximum amount of bonds anticipated to be issued related to the police facility is $3,840,000.00. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33955-080398) 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 83.) Mr. Trout moved the adoption of Ordinance No. 33955-080398. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... O. (Mayor Bowers was absent). 18 Mr. Trout offered the following resolution: (#33956-080398) A RESOLUTION authorizing a contract with Martin & Associates, P.C. (with McClaren, Wilson & Lawrie, Inc. as prime police facilities subconsultant), for architectural and engineering services needed for the Police Annex Building. (For full text of Resolution, see Resolution Book No. 61, page 84.) ACTION: Mr. Trout moved the adoption of Resolution No. 33956-080398. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). Mr. Trout offered the following resolution: (#33957-080398) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted July 21, 1997, for certain expenditures to be made in connection with architectural and engineering consulting services for the proposed police annex building; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 61, page 84.) ACTION: Mr. Trout moved the adoption of Resolution No. 33957-080398. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). 19 ACTION: POLICE DEPARTMENT-DONATIONS/CONTRIBUTIONS: The City Manager submitted a written report advising that seven years ago, the Police Department created a specialized unit called C.O.P.E. (Community Oriented Policing Effort) to bring community policing to the City; the original design of the Unit called for two eight person teams to work two individual neighborhoods; and the unit has been recognized throughout the community for its very specialized police services that utilize community policing and creative problem solving techniques. It was advised that to forward Council's Vision statement that "the City of Roanoke will be a community of stable, safe, caring, and friendly neighborhoods," the C.O.P.E. Unit has expanded their services to all four quadrants of the City; therefore, the expansion results in the need for a minimum of four additional vehicles; two local car dealerships have offered to donate the use of four vehicles to the C.O.P.E. Unit; the City Code requires Council approval for gifts of a value over $5,000.00; and the use of the vehicles are being conditionally offered by Woodson Pontiac Inc., dlblal Rick Woodson Honda, and Berglund Chevrolet, Inc. The City Manager recommended that Council accept four vehicles being offered for use by local car dealers as described in Sections ll.B. and II.C. of his report pursuant to City Code Sec. 2-263, and that he be authorized to sign an agreement, approved by the City Attorney, with the car dealerships establishing terms and agreements for use and care of the vehicles. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33958-080398) A RESOLUTION accepting the donation of the use of certain motor vehicles for the police department and authorizing an agreement between the City and the owners of the motor vehicles. (For full text of Resolution, see Resolution Book No. 61, page 86.) Mr. Trout moved the adoption of Resolution No. 33958-080398. The motion was seconded by Mr. Hudson and adopted by the following vote: 20 AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). BUDGET-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; the agency serves two primary client populations which are dislocated workers and the economically disadvantaged; and the City of Roanoke is the grant recipient for FDETC funding. It was explained that the Fifth District Employment and Training Consortium (FDETC) has received Community Development Block Grant (CDBG) funding for Roanoke Valley Youth Conservation Service Corps - Opportunity Knocks, and the agency's Employment Training Program; CDBG funds were awarded to the FDETC for transportation and associated costs of Opportunity Knocks in the amount of $15,000.00; and CDBG funds were awarded to the FDETC for project management and administration of the Employment Training Program in the amount of $38,000.00. It was further noted that the Governor's Employment and Training Department (GETD) has sent to the Consortium Notices of Award for programs which include on-the-job training, work experience, occupational skills training, classroom training, job placement activities and remedial education in the following amounts: Opportunity Knocks - $127,840.00 Title II-A (Adults - Ages 22 and over) - $364,907.00 Title II-C (Youth -Ages 16 through 21) -$49,786.00 Title III (Dislocated Workers) - $266,529.00 The City Manager recommended that Council appropriate the FDETC's funding totaling $862,062.00 and increase the revenue estimate by $862,062.00, in accounts to be established in the Consortium fund by the Director of Finance. 21 (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33959-080398) 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 87.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33959-080398. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). Council Member Swain requested that the City Manager provide a status report at the August 17 Council meeting with regard to the City's on-the-job training program. LIBRARIES: The City Manager submitted a written report advising that the Roanoke City, Roanoke County and City of Salem Public Libraries entered into a contract in 1990 establishing an integrated automated library system; the four jurisdictions, by the contract, are full partners in the ownership of the automated system; the City's Department of City Information System (CIS) is the host site for the shared components of the automated system and oversees its daily operations; and the four library systems share the cost of a Library Automation Coordinator position which is responsible for the application modules of the automation system, including circulation, cataloging, acquisitions and public access. It was advised that the City of Roanoke Attorney's office has drawn up Amendment No. 2 to the original agreement; the proper authorities in each of the four jurisdictions, including members of the Library Automation Committee have agreed to the terms of the amendment to the contract for the integrated automated library system; the Board of Supervisors of the County of Roanoke have approved the 22 amendment to the contract for the integrated automated library system; and the Library Administration recommends approval of Amendment No. 2 to the contract for the integrated automated library system. The City Manager recommended that Council approve the amendment to the agreement for the integrated automated library system and authorize himself or his designee to execute the amendment to the agreement, contingent on the formal approval of the other participating jurisdictions. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33960-080398) A RESOLUTION authorizing the execution of Amendment No. 2 to the contract for the integrated automated library system to allow the Library Automation Coordinator to be a Roanoke County employee with the future option of being an employee of any of the participating library systems and to allow future changes to the Central Site Components definition and location to be made upon action of the Library Automation and Advisory Committees with approval of all participating libraries' City Managers or County Administrators. (For full text of Resolution, see Resolution Book No. 61, page 91.) ACTION: Mr. Trout moved the adoption of Resolution No. 33960-080398. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). INDUSTRIES-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that regional commerce parks were identified during the New Century Council Visioning process as a need for the New Century Region; the establishment of multiple regional parks within the New Century Region became a clear objective; and the 23 ACTION: Virginia Regional Industrial Facilities Act made the concept of regional parks a reality under Virginia law allowing multiple local jurisdictions in the New Century Region to enter into agreement and form industrial facility authorities. Council Member and Chairman of the Economic Development Commission, James O. Trout, and Phillip F. Sparks, Chief of Economic Development, were appointed to represent the City on a Study Committee for the proposed Authority in January, 1998; monthly planning meetings have been held since February 12, 1998; the Study Committee agreed to separate the formation of the Industrial Facility Authority from the actual proposed Commerce Park project. It was advised that an initial $5,000.00 fee was established for localities participating in the Authority; the Authority is vested with the powers of a corporate body, including but not limited to the power to sue and be sued in its own name, and to issue bonds for any valid purpose; and the Industrial Facilities Act established by the General Assembly of the Commonwealth of Virginia made no provision for a locality to withdraw under any circumstances from the Industrial Facility Authority once membership has been established. The City Manager recommended that Council approve the payment and authorize the Mayor to enter into an agreement, approved to form by the City Attorney, and substantially in the form of the attached agreement, with other participating localities to establish the City's membership in the Virginia's First Regional Industrial Facility Authority. (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: (#33961) AN ORDINANCE creating Virginia's First Regional Industrial Facility Authority and authorizing the Mayor to execute an agreement establishing the respective rights and obligations of member localities as to the Authority. (For full text of Ordinance, see Ordinance Book No. 61, page 99.) The motion was seconded by Mr. Hudson and adopted by the following vote: 24 AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). CITY ATTORNEY: ACTION: TAXICABS AND FOR-HIRE VEHICLES-TAXES: The City Attorney submitted a written report advising that on Monday, May 4, 1998, William E. Roberts, General Manager, Yellow Cab Company, appeared before Council with regard to the issue of taxicab assessments and stated that the City is required to have a separate category for taxicabs for tax purposes and contended that the current method for assessing taxicabs does not accurately determine their fair market value; and Council referred the first issue to the City Attorney for resolution and the second issue to the Commissioner of Revenue. The City Attorney advised that the Code of the City of Roanoke does provide for a separate category for taxicabs for valuation purposes in Sections 32-104 of the Code of the City of Roanoke (1979), as amended; and the issue is still to be determined by the Commissioner of Revenue, who is continuing to work on this matter, whether the assessment method currently used for taxicabs accurately determines their fair market value (For full text, see report on file in the City Clerk's Office.) Without objection by Council, the Vice-Mayor advised that the report would be received and filed. HABITAT FOR HUMANITY: Steven J. Talevi, Assistant City Attorney, submitted a written report advising that at the City Council meeting held on Monday, July 20, 1998, the matter with regard to the Westview Terrace Section 6 - Habitat for Humanity, Inc., Project, was referred to the City Manager and City Attorney for investigation and report back to Council; and that specifically, Council requested the City Attorney to determine whether there was any action the City Council could take regarding the above-referenced development; and Wilburn C. Dibling, Jr., City Attorney, by letter dated July 20, 1998, disqualified himself from the consideration of this matter. The Assistant City Attorney further advised it is his understanding that 25 Habitat for Humanity, Inc. ("Habitat"), has resubdivided a parcel located in the vicinity of Woodbridge Road, N. W., and Kay Street, N. W.; Habitat was required by Chapter 31 of the City Code to have prepared and to file with the Clerk for the Circuit Court for the City of Roanoke a subdivision plat, and Habitat has also prepared a comprehensive plan of development, which is required by Chapter 36.1 of the City Code; approval of such a plan involves consideration of storm water management, landscaping and similar issues; approval of a subdivision plat involves consideration of lot line changes, and construction of drainage facilities and erosion and sediment control measures; and as of July 30, 1998, the subdivision plat, but not the development plan, has been approved by the City Administration, and no rezoning, street closure, variance or special exception is needed for the project. Mr. Talevi stated that he knows of no legal requirement that the City become involved in any aspect of Habitat's project, other than through the perfunctory issuance of permits upon the receipt of appropriate plans and documents; that if Habitat supplies the legally required information, City officials have no discretion and are duty- bound to issue the permits being sought; and the City Code does not contain provisions by which a development plan can be brought before City Council for consideration. (For full text, see report on file in the City Clerk's Office.) Mr. White advised that he agreed with Mr. Talevi's comments relating to the legal requirements of the City; however, he made reference to that portion of the City's Vision Statement which refers to "Quality of Life", and stated that he believes this issue fits into the City's Vision Statement under the area of Quality of Life. The Vice-Mayor pointed out that according to the Assistant City Attorney's statement, legally there is no way City Council can intervene in this matter. Mr. Kermit Plummer, 1652 Garstland Drive, N. W., advised that he is a little dismayed and disappointed at the Assistant City Attorney's report; that since July 20, it has come to his attention that monies were received by Habitat from HUD, which is Federal money, citizens' money, and he believes they have a right to know where their money is going. He stated that this is what started this whole controversy here, not the legal issues, but the moral issues; that residents may not have legal ground to stand on, but they are tax paying citizens of this 26 community, and if something goes on in the area, they have a right to know what's going on; that according to Habitat's own covenant, they said that concerned citizens come together and survey the needs of poverty housing in their community; that this is not a poverty area because the homes in the area are valued at $80,000.00 to $150,000.00; and when it comes down to public funds, the citizens have a right to know where this money is coming from and where it is going. He advised that something is terribly wrong here; there is a conspiracy, and he strongly feels on behalf of the neighbors, that someone has conspired against them; the Assistant City Attorney stated in his letter that the development plan had not been approved, and he does not know if it has been filed; and he does not understand why, prior to annexation the land was not suitable to be developed for housing, then when it was annexed to the City all at once it became suitable for housing; and questioned whether environmental and geological studies had been done. He stated that there are a lot of questions to be answered here, yet the citizens are told that City Council has no play in this; and questioned where the citizens are to go to address their problems, if not to City Council; and if they can't come to City Council and get an answer, then God help this Valley. Mr. Darrell R. Boles, 1623 Shamrock Street, N. W., stated that he lives in the general area that is affected by this development, not in the immediate area; that he has a greater concern than whether these are Habitat houses or who may be building them, because twice this year he and his wife have spent the night pumping water from their basement following heavy rains; that by the time they get water in the house there is usually water coming up out of the man-hole cover 100- 150 foot above the house and maybe at a five foot elevation; and usually during these rains there is a man-hole cover on Harvest Lane about 400-500 linear foot from his house that usually has to be replaced after a hard rain because the water has lifted it off. He advised that his concern is whether anyone has done a utility study to see if the current water and sewer utilities can support these Habitat houses; that this is a gully where they are putting these houses, and for years this gully 'has been a place for the general drainage for water that has no other place to go; these people are going to be flooded out, and he feels sorry for anybody that buys a house down there; but his greatest concern is if 32 or 34 houses are built in this development, whether the utilities are going to stand this; and he lived there when the City annexed the property, and to his knowledge there have been no improvements to the sewage system since it was put in but there have been a number of houses added. He requested that the City conduct 27 a study to find out what size pipes are out there, because he does not believe the current sewer lines will handle this water. He questioned what those people are going to do with the surplus water that comes down through there, and stated that his house has a basement entrance which was there when he moved in and it was grandfathered, but it is his understanding they can't put surplus water in the sewage system anymore. He suggested that construction be stopped immediately on both of these sites until it is determined whether the sewer lines can handle these new homes; and stated that once the City gets these two developments in there, the water problem belongs to the City, and that's legal, not moral. The Vice-Mayor stated that Mr. Boles had raised some legitimate questions and issues, and advised that without objection, the questions will be referred to the City Administration for a report or response to Council on these issues. Mr. W. J. Garst, 4512 Broadlawn Road, N. W., stated that he is concerned that the City is willing to call this Habitat project a 'done deal' and feels that the City is only saying so to distance itself from the situation entirely; he feels that there could have been some conflict of interest and questioned whether there is some connection between Habitat and the City Attorney's Office; and also, he does not understand why the Northwest community was never involved in the discussions regarding the Habitat project. Ms. Melva Jeffries, 4351 Woodbridge Avenue, N. W., stated that she feels the news media and Habitat have portrayed their community as anti-Habitat and anti-poor, but says this is not so; that they support Habitat for Humanity in most cases; however, their primary concern is property values and overcrowding of homes based on Habitat's own statistics; and another concern is that the Habitat homes will not be comparable to the existing homes in the area; that residents were unable to obtain any information on the project until the planning stage was completed; and she urged Council to assist the residents in this matter. Ms. Terry T. Smith, Vice-President of the Board of Directors of Habitat for Humanity, advised that she feels that Habitat has complied with Council's July 20 request; that all work has been suspended during that time, at great financial loss to Habitat; Habitat feels it must uphold its mission and to abandon the project would jeopardize the financial situation of the organization; they have met with citizens of 28 the area in a conflict resolution process and have spent much time debating whether or not to continue the project; and hope to be able to keep the lines of communication open with Westview Terrace residents. The Reverend Johnny Stone, 1801 Lynn Street, N. W., stated he is discouraged to hear that the City has no legal position in this matter; that even if Council says it has no position legally to intervene with Habitat, then it has a moral and ethical position to uphold. He pleaded with Council to help residents of Westview Terrace to maintain the value and quality of housing in their neighborhood, and stressed that Habitat homes need to be built in areas that are compatible with that particular type of housing. Ms. Anita Reed, 4123 Guernsey Lane, N. W., advised she moved here from New Jersey and chose to live in this area because of the lifestyle and environment it offered she and her family; that this is a moral issue and as taxpayers and voters, the residents have rights; and expressed the opinion that the land is not suitable for building. Mr. Lloyd Hampton, 4001 Guernsey Lane, N. W., advised that he and his neighbors are first class tax paying citizens, not second class citizens; that they are tired of being kept in the dark, tired of taxation without representation; that when he added a garage onto his house, he had to come to the City to obtain a permit and the information was published in the paper, and then he had to have additional right-of-way to build the garage and had to come to the Zoning office; and this was all public knowledge, but nothing Habitat has done has been public knowledge. He stated that this is all about money, that someone at Habitat is making money, and questioned the use of Federal money to buy this property for Iow income housing. At 4:35 p.m., the Vice-Mayor declared the meeting in recess. At 4:45 p.m., the meeting reconvened in the Council Chamber, with Vice-Mayor Harris presiding, and all Members of the Council in attendance, with the exception of Mayor Bowers. The Reverend Samuel Robinson, Area Representative for the State Board of the NAACP, advised that his organization has several concerns, some of which are: 1) the late notice for the neighborhood residents; 2)why the City Planning Department was not more involved; 29 3) whether City dollars or HUD dollars were contributed, and if so, would that not necessitate notifying City residents; and 4) why didn't Habitat liquidate the 7 acres and build in the inner city where its goal would be better achieved? (For full text, see written statement on file in the City Clerk's Office.) Mr. Mac A. Chambers, 618 Colorado Street, Salem, Virginia, advised that he is not a Westview Terrace resident, rather, he is an attorney who was approached by several residents of the area to speak. He spoke about the legal ramifications for the City, stating that the City has to provide residents with services such as water, sewer, etc.; that Westside Elementary School is at capacity right now, while other schools in the City are not at capacity; that he does not feel Habitat is truly interested in keeping the lines of communication open; and he requested that City Council ask Habitat to continue to delay the construction of this project until some of these issues can be resolved. Ms. Susan Hall, 2237 Ranch Road, N. W., stated that she feels that if City Council can do nothing else, it should be vocal regarding this issue with anyone that will listen, and requested Council's assistance in ending the nightmare that is happening in their neighborhood. Mr. Thomas J. Dalzell, 2529 Rosalind Avenue, S. W., advised that he is a 7 year volunteer with Habitat for Humanity and a 6 year member of the Board of Directors, as well as a civil engineer; that some of the studies such as geological, environmental, etc., that citizens have been asking about have been completed and are on file; that Habitat has applied to HUD for assistance in completing the infrastructure (streets, sewers, etc.), on the project, but no HUD money is being used to build the houses; Habitat's books are always open for inspection inasmuch as they receive some federal money; and he would like to reassure everyone that there is no conspiracy regarding this project. Ms. Martha Quarles, 1917 Angus Road, N. W., expressed her overall dissatisfaction with the project, and stated that the local Habitat for Humanity ignored its own covenant with this particular situation; and that this is not the ideal Jimmy Carter had when he started this foundation. 3O Mr. Robert Gravely, 1412 Moorman Avenue, N. W., stated that he is dissatisfied with HUD for allowing Habitat to try to develop poverty housing in a neighborhood with $100,000.00 homes, while the housing projects continue to suffer and fall apart; and expounds his belief that in the end God, and no one else, will have His way in this land. Mr. Trout stated that he was a Member of City Council in 1976 when this area was annexed, and the City has made some improvements; the City has added a fire house known as Fire Station No. 13, and we are now completing a $20 million-plus investment in the Peters Creek Road Extension, and several million dollars in drainage solutions; however, over the years, the City has not located or developed any City parks in any annexed areas, and acquiring this land for a new park would improve the quality of life in this neighborhood; this type of improvement is long overdue, and there are funds from the recent referendum for bond issue this past November for recreation and park improvements, and very importantly, the new park would return the faith and confidence of these citizens in City Council. He advised that in 1976, the City annexed 16 square miles and 16,000 citizens, and this area has been the anchor of our financial growth in the City; such growth as our Roanoke Centre for Industry and Technology, the Huff Farm which in now known as Valley View, and the airport which brings in millions of dollars; all of these things have produced revenue for the City, and he believes it is only fair to return some of the investment back in the area of recreation. ACTION: Mr. Trout moved that City Council refer this matter to the City Manager to initiate negotiations with Habitat for Humanity to purchase the property for development of a City park or greenway space. The motion was seconded by Mr. Swain. Mr. White stated that in order to add some friendly qualification and to make sure that the City Manager has the proper direction, he would like to offer an amendment to the motion that the City Manager begin immediately to discuss with Habitat the acquisition of this land, and that acquisition should include cash, exchange of property or other inducements; and additionally, if successful on acquiring this land, Council should ask the City Manager to identify the source of funds, identify what is probably the highest use of this property, specifically use as a park, and also involve the community and the neighborhood in any development or any plan, including a park. Mr. Trout concurred in the amendment, and agreed to add it to his motion. 31 ACTION: ACTION: ACTION: The motion offered by Mr. Trout, as amended, and seconded by Mr. Swain, was adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) At 5:25 p.m., the Vice-Mayor declared the meeting in recess. At 5:35 p.m., the meeting reconvened in the Council Chamber, with Vice-Mayor Harris presiding, and all Members of the Council in attendance with the exception of Mayor Bowers. DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the 12 months ending June 30, 1998. (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by Council, the Vice-Mayor advised that the report would be received and filed. At the request of Council Member Swain, it was the consensus of Council that the matter of a two cent reduction in the real estate tax rate be referred to 1999-2000 budget study. At the request of Council Member Hudson, it was the consensus of Council that the matter of equipment replacement and unfunded projects be referred to 1999-2000 budget study. REPORTS OF COMMITTEES: FIREARMS-WATER RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of the appropriate documents between the City and the County of Roanoke to establish a joint Firearms Training Range at the Dixie Caverns (landfill) site. 32 A staff report advised that training of police officers is mandated by the Commonwealth of Virginia; previously, property leased from Norfolk Southern has been utilized to conduct training for City of Roanoke police officers; negotiations for continued use of the Norfolk Southern property have failed, creating the need to locate a new facility; and the earlier proposed Carvins Cove location was not acted upon due to opposition to the site by area residents. It was advised that the County-owned property at the Dixie Caverns Landfill site has been identified as suitable for development of a joint Roanoke City and Roanoke County law enforcement training facility; the property is located in Roanoke County, with a Special Use Permit having been issued for its use as a Firearms Training Range; and the proposed agreement with Roanoke County provides for establishment of a firearms range governing committee consisting of both City and County representatives. It was further noted that environmental issues are present since the site of the firing range is partially located on the Dixie Caverns landfill; and as protection for the City, the administration, with the assistance of the City Attorney's office, is working on language to be inserted into the final agreement whereby the City would not bear any liability for site conditions which preceded the City's involvement in this project. The Water Resources Committee recommended that Council authorize the City Manager or the Assistant City Manager and the City Clerk to execute and attest, respectively, the necessary documents, in a form approved by the City Attorney, to establish a joint Firearms Training Range at the Dixie Caverns site. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: (#33962-080398) AN ORDINANCE authorizing an agreement with the County of Roanoke to provide for construction of a police training facility on property owned by the County upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 92.) 33 ACTION: Ms. Wyatt moved the adoption of Ordinance No. 33962-080398. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). BUDGET-PARKS AND RECREATION: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for construction of two new comfort stations for Eureka and Lakewood Parks, and recommended that Council approve the following actions: Authorize the City Manager to enter into a contractual agreement, in a form acceptable to the City Attorney, with U. S. Construction Co. of Roanoke, in the amount of $114,548.00 (which includes the Base Bid and Additive Bid Item No. 2) and 100 consecutive calendar days to construct new comfort stations at Eureka and Lakewood Parks in accordance with the contract documents; Appropriate $115,000.00 from General Fund Reserved for CMERP to a Capital Projects Fund Account to be established by the Director of Finance entitled "Comfort Stations for Eureka and Lakewood Parks"; appropriate $8,548.00 from sale of Series 2000 bonds to the same Capital Projects Fund; in addition to the cost of construction, the breakdown provided below includes the cost to advertise the project for bids, to reproduce the bid documents, and for a contract contingency to cover the work required of the electrical utility (AEP) to extend underground electrical service to each building and for unexpected site work and other conditions unforeseen at the time the project was designed. Contract Amount Reproduction of Documents Advertisement Contingency Total Project Cost $114,548.00 750.00 250.00 8.000.00 $123,548.00 34 ACTION: Adopt a resolution declaring the City's intent to reimburse itself $8,548.00 from the sale of the Series 2000 bonds as authorized by Ordinance No. 33497-072197 in the principal amount of $39,030,000.00; the maximum amount of bonds anticipated to be issued relating to the entire Neighborhood Parks Improvement Project is $3,900,000.00 The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#33963-080398) 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 92.) Mr. Swain moved the adoption of Ordinance No. 33963-080398. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). Mr. Swain offered the following emergency ordinance: (#33964-080398) AN ORDINANCE accepting the bid of U.S. Construction Co. of Roanoke for the construction of new comfort stations at Eureka Park and Lakewood Park, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 94.) 35 ACTION: ACTION: Mr. Swain moved the adoption of Ordinance No. 33964-080398. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). Mr. Swain offered the following resolution: (#33965-080398) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted July 21, 1997, for certain expenditures to be made in connection with the construction of new comfort stations at Eureka Park and Lakewood Park; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 61, page 95.) Mr. Swain moved the adoption of Resolution No. 33965-080398. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). BUDGET-WATER RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to authorization for acquisition of property in Falling Creek Estates to provide safer access to the Falling Creek Filter Plant. A staff report advised that the Falling Creek Filter Plant is a 1.9 MGD treatment plant located in Bedford County, Virginia, owned and operated by the City of Roanoke Water Department; the City utilizes the Falling Creek Reservoir Road for access to the Falling Creek Reservoir 36 ACTION: by virtue of a right-of-way acquired with the reservoir property; and this access road is a steep, winding, gravel roadway approximately 1.5 miles long that requires continuous maintenance and is extremely difficult to traverse during winter months and wet conditions. It was advised that Falling Creek Estates, Section 8 is being developed and has been approved and platted by Roanoke County; the owner of the property, Lot 20, Section 8, Tax Map No. 51.03-2-20, Tax No. 4495 an extension of Toddsbury Drive has indicated a willingness to sell Lot 20 to the City of Roanoke Water Department for the amount of $40,000.00; and lots in the development are priced at $46,000.00. The Water Resources Committee recommended that Council authorize the 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 purchase the property; and authorize the appropriation of $42,000.00 from previous years' retained earnings to an account to be established by the Director of Finance for the acquisition and closing costs. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (#33966-080398) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 96.) Ms. Wyatt moved the adoption of Ordinance No. 33966-080398. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). 37 ACTION: Ms. Wyatt offered the following emergency ordinance: (#33967-080398) AN ORDINANCE providing for the acquisition of certain real estate located in Falling Creek Estates in Vinton, Virginia, identified by Tax Map No. 51.03-2-20, and Tax No. 4495 Falling Creek Estates, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 97.) Ms. Wyatt moved the adoption of Ordinance No. 33967-080398. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). NORFOLK SOUTHERN CORPORATION-RAILSIDE LINEAR WALK- WATER RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to authorization to vacate a portion of the public right-of-way along Norfolk Avenue, N. E., and execution of an agreement with Norfolk Southern Railway to allow an exchange of property relating to the Railside Linear Walk Project. A staff report advised that the Railside Linear Walk project consists of a grade level and raised walkway designed to link the City Market area to the Transportation Museum; a portion of which parallels the Norfolk Southern Railway tracks along the north side of Norfolk Avenue between Market Street, N. E., and First Street, N. W., and includes the east and south sides of "Warehouse Row"; Council authorized an architectural and engineering services contract for Phase I of the Railside Linear Walk with Hayes, Seay, Mattern & Mattern, Inc., on August 28, 1995; and Council authorized acquisition of the necessary property rights for Phase I of this project by Ordinance No. 33148-100796, which was adopted on October 7, 1996. 38 It was further advised that plans have been sufficiently finalized to identify property currently owned by Norfolk and Western Railway Company that will be required for the project; and authorization is needed to file a petition to vacate a portion of pubic right-of-way and deed such to the Norfolk and Western Railway Company in exchange for a portion of the Railroad's property. The Water Resources Committee recommended that Council authorize the vacation of a portion of public right-of-way along Norfolk Avenue, N. E.; and authorize the City Manager to enter into an agreement with the Railroad, in a form to be approved by the City Attorney, to allow an exchange of property along Norfolk Avenue between Second Street, S. W., and the railroad tracks just east of Hunter Viaduct, for the Railside Linear Walk Project, and to sign all necessary documents to effect this exchange. (For full text, see reports on file in the City Clerk's Office.) ACTION: Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#33968) AN ORDINANCE authorizing the filing of a petition by the City to vacate certain right-of-way along Norfolk Avenue and the exchange of certain property owned by the City for property owned by Norfolk and Western Railway Company, along Norfolk Avenue, between Second Street, S. W., and the railroad tracks just east of Hunter Viaduct for the Railside Linear Walk Project, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 61, page 101.) The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). 39 PERSONNEL DEPARTMENT-CITY INFORMATION SYSTEMS- LEASES-WATER RESOURCES-CAMPBELL COURT PARKING GARAGE: Council Member Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of a lease agreement between the Greater Roanoke Transit Company and the City for space in the Campbell Court Transportation Center for use by the Personnel Management and City Information Systems department. A staff report advised that various in-house training programs for City employees are conducted as required by the Departments of Personnel Management and City Information Systems (ClS); and office and classroom space are required to accommodate the City's need for training facilities. It was further advised that suitable space containing 2,843 square feet within Greater Roanoke Transit Company's Campbell Court Transportation Center is available; the terms of a lease agreement were negotiated with the proposed rent for the first year to be at a rate of $700.00 per month, which calculates to be $2.95 per square foot per year including utilities and custodial service; essentially, the City is obtaining the space free of charge, the rental fee is a reimbursement of utility costs; and the lease agreement between the City and Greater Roanoke Transit Company must be approved by Council. The Water Resources Committee recommended that Council authorize the execution of a Lease Agreement, as summarized above and in form 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: (#33969-080398) AN ORDINANCE authorizing the City Manager to enter into an agreement with Greater Roanoke Transit Company for the leasing of office space within the Campbell Court Transportation Center to house the Personnel Management and ClS training facilities, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 98.) 40 ACTION: Ms. Wyatt moved the adoption of Ordinance No. 33969-080398. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). CITY PROPERTY-SPECIAL PERMITS-WATER RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of a revocable license with the property owner at 1600 Westchester Avenue, S. W., to allow encroachment into the public right-of-way for construction of a 20 foot asphalt berm. A staff report advised that permission to construct fences, walls, decks, or various other structures that encroach into the public right- of-way is a request that property owners make to the City from time to time; and the property owner at 1600 Westchester Avenue, S. W., has requested permission to retain two six-inch berms which protect his lawn from damage and water run-off. It was explained that berms encroach into the right-of-way of Westchester Avenue, S. W., approximately ten feet; the berm along the south side of the right-of-way is twenty feet long, the berm along the northwestern side is ten feet long; the property owner has requested a revocable license to allow both berms to remain; and the owner of the adjacent property has objected to the shorter berm along the northwestern side of the right-of-way, citing restriction of his access to the street, water problems, tripping hazard, and obstruction of his mailbox. The Water Resources Committee recommended that Council authorize a revocable license to the property owner at 1600 Westchester Avenue, S. W., to allow the 20 foot asphalt berm encroachment into the right-of-way of Westchester Avenue, S. W., along the southern side only, in a form to be approved by the City Attorney. (For full text, see reports on file in the City Clerk's Office.) 41 ACTION: ACTION: Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#33970) AN ORDINANCE granting a revocable license to allow a twenty foot asphalt berm and a seven foot asphalt berm encroaching into the public right-of-way along the front of the property located at 1600 Westchester Avenue, S. W., Official Tax No. 5160115, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 61, page 102.) The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Hudson and Vice-Mayor Harris ........................................................................ 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent). UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: PAY PLAN-CITY EMPLOYEES: At the request of Council Member Wyatt, it was the consensus of Council that the City Manager provide a status report with regard to the employee pay scale and fringe benefits study. SEWERS AND STORM DRAINS: Council Member Swain advised that he has received several complaints concerning drainage problems throughout the City, and requested a list of areas in the City with only sanitary sewer lines to handle drainage, which areas may be "trouble spots" for sewage and drainage back-ups. 42 ACTION: OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: Robert Gravely, 1412 Moorman Avenue, N. W., appeared before Council in support of concerns expressed by City employees relating to the City's grievance procedure. At 6:10 p.m., the Vice-Mayor declared the meeting in recess for Executive Session. At 6:25 p.m., the meeting reconvened in the Council Chamber, with Vice-Mayor Harris presiding, and all Members of the Council in attendance, with the exception Mayor Bowers and Council Member White. COUNCIL: With respect to the Executive Session just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, Trout, Wyatt, Hudson and Vice- Mayor Harris ............................................................................... 5. NAYS: None ...................................................................... 0. (Mayor Bowers and Council Member White were absent). OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Vice-Mayor advised that there is a vacancy on the Roanoke Neighborhood Partnership Steering Committee created by the resignation of Katherine Cochran, and called for nominations to fill the vacancy. Mr. Hudson placed in nomination the name of Robyn Wilson. There being no further nominations, Ms. Wilson was appointed as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 30, 1998, by the following vote: 43 ACTION: ACTION: ACTION: FOR MS. WILSON: Council Members Swain, Trout, Wyatt, Hudson and Vice-Mayor Harris ...................................................... 5. (Mayor Bowers and Council Member White were absent). OATHS OF OFFICE-COMMITTEES-YOUTH: The Vice-Mayor advised that there is a vacancy on the Youth Services Citizen Board created by the resignation of Alison Baird, and called for nominations to fill the vacancy. Mr. Hudson placed in nomination the name of Dawn W. Spaulding. There being no further nominations, Ms. Spaulding was appointed as a member of the Youth Services Citizen Board, for a term ending May 31, 2000, by the following vote: FOR MS. SPAULDING: Council Members Swain, Trout, Wyatt, Hudson and Vice-Mayor Harris ...................................................... 5. (Mayor Bowers and Council Member White were absent). OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Vice-Mayor advised that there is a vacancy on the Fair Housing Board created by the resignation of Gail Burruss, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of Nancy J. Canova. There being no further nominations, Ms. Canova was appointed as a member of the Fair Housing Board, for a term ending March 31, 2001, by the following vote: FOR MS. CANOVA: Council Members Swain, Trout, Wyatt, Hudson and Vice-Mayor Harris ...................................................... 5. (Mayor Bowers and Council Member White were absent). OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Vice-Mayor advised that there is a vacancy on the Roanoke Public Library Board created by the resignation of Basil Owens, Jr., and called for nominations to fill the vacancy. 44 ACTION: ACTION: ACTION: Ms. Wyatt placed in nomination the name of Edward F. Lovell. There being no further nominations, Mr. Lovell was appointed as a member of the Roanoke Public Library Board, for a term ending June 30, 2001, by the following vote: FOR MR. LOVELL: Council Members Swain, Trout, Wyatt, Hudson and Vice-Mayor Harris ...................................................... 5. (Mayor Bowers and Council Member White were absent). OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING DEPARTMENT: The Vice-Mayor advised that there is a vacancy on the Building Code Appeals Board, Building Construction Division created by the resignation of Walter Fizer, and called for nominations to fill the vacancy. Mr. Hudson placed in nomination the name of Barry W. Baird. There being no further nominations, Mr. Baird was appointed as a member of the Building Code Appeals Board, Building Construction Division, for a term ending September 30, 2002, by the following vote: FOR MR. BAIRD: Council Members Swain, Trout, Wyatt, Hudson and Vice-Mayor Harris .................................................................. 5. (Mayor Bowers and Council Member White were absent). OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Vice- Mayor advised that the term of office of Dorothy L. Bull as a member of the Special Events Committee expired on June 30, 1998, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Dorothy L. Bull. There being no further nominations, Ms. Bull was reappointed as a member of the Special Events Committee, for a term ending June 30, 1999, by the following vote: FOR MS. BULL: Council Members Swain, Trout, Wyatt, Hudson and Vice-Mayor Harris ................................................................. 5. (Mayor Bowers and Council Member White were absent). 45 ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-CULTURAL SERVICES COMMITTEE: The Vice-Mayor advised that the term of office of Michael Brennan as a member of the Cultural Services Committee expired on June 30, 1998, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Michael Brennan. There being no further nominations, Mr. Brennan was reappointed as a member of the Cultural Services Committee, for a term ending June 30, 1999, by the following vote: FOR MR. BRENNAN: Council Members Swain, Trout, Wyatt, Hudson and Vice-Mayor Harris ...................................................... 5. (Mayor Bowers and Council Member White were absent). OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT: The Vice-Mayor advised that the term of office of Elizabeth M. Legg as a member of the Personnel and Employment Practices Commission expired on June 30, 1998, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Elizabeth M. Legg. There being no further nominations, Ms. Legg was reappointed as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2001, by the following vote: FOR MS. LEGG: Council Members Swain, Trout, Wyatt, Hudson and Vice-Mayor Harris .................................................................. 5. (Mayor Bowers and Council Member White were absent). OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT COMMITTEE: The Vice-Mayor advised that the term of office of Raleigh Campbell as a member of the Human Services Committee expired on June 30, 1998, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Raleigh Campbell. There being no further nominations, Mr. Campbell was reappointed as a member of the Human Services Committee, for a term ending June 30, 1999, by the following vote: 46 ACTION: FOR MR. CAMPBELL: Council Members Swain, Trout, Wyatt, Hudson and Vice-Mayor Harris ...................................................... 5. (Mayor Bowers and Council Member White were absent). There being no further business, the Vice-Mayor declared the meeting adjourned at 6:28 p.m. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk C. Nelson Harris Vice-Mayor 47 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL August 17, 1998 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, August 17, 1998, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Rule 1, Re~lular Meetinc~s, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members James O. Trout, William White, Sr., C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A. Bowers ........... 6. ABSENT: Council Member Linda F. Wyatt ................................................ 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. At 12:17 p.m., the Mayor declared the meeting in recess to be reconvened at 12:30 p.m., in the Cafeteria at Wasena Elementary School, 1125 Sherwood Avenue, S. W., City of Roanoke. A joint meeting of the Roanoke City Council and the Roanoke City School Board was called to order on Monday, August 17, 1998, at 12:30 p.m., in the Cafeteria, Wasena Elementary School, 1125 Sherwood Avenue, S. W., with Mayor David A. Bowers and School Board Chairperson Marsha W. Ellison presiding. CITY COUNCIL MEMBERS PRESENT: C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ................................................................................... 7. CITY COUNCIL MEMBERS ABSENT: None .............................................. 0. SCHOOL TRUSTEES PRESENT: F. B. Webster Day, Marsha W. Ellison, Sherman P. Lea, Brian J. Wishneff, Ruth C. Willson and Melinda J. Payne ........... 6. SCHOOL TRUSTEES ABSENT: Charles W. Day ....................................... 1. OTHERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney, James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Willard N. Claytor, Director, Real Estate Valuation; Robert H. Bird, Municipal Auditor; Kit B. Kiser, Director, Utilities and Operations; Glenn D. Radcliffe, Director, Human Development; William F. Clark, Director, Public Works; George C. Snead, Jr., Director, Public Safety, E. Wayne Harris, Superintendent, Roanoke City Public Schools; Richard L. Kelley, Assistant Superintendent of Operations, Roanoke City Public Schools; Phyllis K. Runyon, Public Information Officer, Roanoke City Public Schools; Mary D. Hackley, Director of Elementary Education, Roanoke City Public Schools; R. Faye Pleasants, Executive for Human Resources, Roanoke City Public Schools; and Roger W. Magerkurth, Principal, Wasena Elementary School. COUNCIL-SCHOOLS: On behalf of the School Board, Chairperson Ellison extended a warm welcome to the summer meeting of City Council and the School Board. Chairperson Ellison advised that Wasena Elementary School was the last elementary school to be renovated in the building program to modernize the seven · elementary schools in Roanoke City which was completed in 1995. She expressed appreciation to Council and to past members of City Council for their support of programs to complete elementary school renovations, as well as funding support for completion of the four oldest middle schools where modernization is currently underway. She invited the Members of Council to tour the facilities at Wasena Elementary School following the meeting. Ms. Ellison advised that at the budget meeting of Council and the School Board in May, Council Member White expressed a desire to learn more about Roanoke City Schools pre-school education programs; whereupon, she noted that in 1982, two Title I Pre-School programs were initiated at Hurt Park Elementary School and Northwest Elementary School. She explained that each year since 1982, pre-school classes have been added with Federal funds and, in 1995, the school system implemented its first locally funded programs for four year old students and since that time, the Roanoke City Schools has served thousands of children, and with the opening of the 1998-99 school year, 13 Title I and nine locally funded pre- school centers will serve three to four year old students. She advised that with City Council's support and with the support of the City administration, the school system is now able to insure that students are better prepared for kindergarten when they enter Roanoke City Public Schools. Superintendent Harris advised that approximately three years ago, the City Manager expressed a desire to assist in providing opportunities for early learning for Roanoke's children, and Roanoke City was recently accepted as one of four 2 teams to participate in the Southern Regional Education Board initiative. He explained that an established goal is that all children will be ready to learn when they enter school, and the City has continued to provide increased funding for additional early learning classes. Mary D. Hackley, Director of Elementary Education, Roanoke City Public Schools, presented a ten minute over-view of pre-school programs in Roanoke City. She spoke to the advantages of bringing children into the public school system at an early age, and Roanoke City Schools have embraced the philosophy of early intervention in order to promote school success By instituting a total of 21 pre- school classes, 13 of which are sponsored by Title I funds, which classes were designed to serve at risk four year old students who live in the attendance area of identified Title I schools. She explained that the School system recognized that there are also children in non-Title I school zones who would benefit from the school experience, therefor, during the 1994-95 school year, the Roanoke City Schools became affiliated with the Southern Regional Education Board project and one of the objectives of the project was to establish additional programs for three and four year old students. She stated that with the assistance of the City of Roanoke and the State Department of Education, Roanoke City has added six full day classes for four year old students and four one-half day classes for three year old students and the program is available across the school district and not totally concentrated in one area where there are Title I schools. She advised that classes served a total of 76 four year old students and 48 three year old students during the past school year, the programs for pre-school initiatives for four year old students are located at Fishburn Park, Highland Park, Monterey, and Wasena Elementary Schools, and Roanoke Academy for Education; and programs for three year old students are located at Highland Park and Round Hill Elementary Schools. She explained that objectives of the program are to insure that grades K-12 represent a successful school experience by helping children to discover and to learn the necessary foundations for a successful school experience, and to insure that children develop self-awareness and a sense of self-worth. She advised that because of program objectives, program outcomes provide that students will develop readiness skills so they will know what school is, why they need to go to school, and to gain the necessary skills in order to understand the language of the classroom. She reviewed statistical successes of the program and advised the next step includes the continuation of the current six full day classes for four year old students, and continuation of the four one-half day sessions for three year old students, with two new classes for four year old students to be added during the 1998-99 school year, one at Fallon Park and one at Crystal Spring Elementary Schools. Superintendent Harris referred to several items that were discussed at recent City Council meetings; i.e.: appointment of a principal at Patrick Henry High School. He advised that the position was advertised internationally, as well as over the Internet in early 1998, however, the pool of candidates did not meet the established profile, therefore, the position was readvertised and one candidate to date has spoken before the community. However, following feedback from the community and staff, he noted that it was determined that further advertisement was necessary in an effort to find that person who would more closely match the established profile. He advised that Doris N. Ennis has indicated that she would be willing to place her retirement plans on hold and is currently serving as Interim Principal at Patrick Henry High School. He stated that the position will be readvertised in November, it is hoped that there will be a strong pool of candidates, and the goal is to appoint the new principal by the beginning of the second semester of the 1998-99 school year. Superintendent Harris referred to comments regarding the Noel Taylor Learning Academy, and advised that there are students who are well served presently attending the school; however, there are certain issues of concern such as the high student drop out rate. He stated that there have been no significant issues of violence at Noel Taylor Learning Academy, but some students are not performing well and there are ongoing issues with regard to reorganizing. He explained that students attending Noel Taylor Learning Academy for the new school term commencing August 31 will wear uniforms which have been endorsed by parents in the form of a signed contract, and the uniform will consist of a shirt with collar and khaki pants, and any student failing to come to class dressed appropriately will not be allowed to attend school that day. He stated that the parents of students attending the Noel Taylor Learning Academy have agreed to volunteer one hour per month in the school, and a new strategy for helping students with basic skills has been implemented. With regard to the issue of increased accountability, Superintendent Harris called attention to discussions pertaining to revising the teacher evaluation system. He stated that the news media has characterized the discussions of the School Board as merit pay for teachers which is a misinterpretation, the difference being that the teacher evaluation system is a type of incentive for teachers based on the performance of students, while merit pay is based fully on the performance of the teacher. He advised that another effort toward accountability is through a performance evaluation that has existed for approximately two years for administrators, principals, and assistant principals which is based on nine standards that the employee must meet and if the employee fails to satisfy three of those standards, they do not receive an increase in pay, however, if they exceed the number after meeting the midpoint of the pay scale, they could then qualify for an additional step increase. He added that the next step is to move toward performance evaluation for teachers; certain measures will be used to judge the performance of the Superintendent of Schools which are directly related to continued improvement of students; and the School Board has set standards for its performance which will be further discussed. 4 Superintendent Harris referred to a brochure announcing the efforts of Roanoke City Schools, in conjunction with the Fire Chief, Police Chief and a range of other City offices, to address issues of school violence/community approach, and a meeting will be held on August 27, 1998, at The Jefferson Center, Fitzpatrick Hall, to address the matter. Following lunch, the Mayor declared the meeting in recess at 1:40 p.m., to be reconvened at 2:00 p.m., in the City Council Chamber, 215 Church Avenue, S. W., City of Roanoke. At 2:00 p.m., on Monday, August 17, 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 James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A. Bowers ......................................................................................................... 7. ABSENT: None ..................................................................................... 0. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend John L. Washington, Pastor, Faith and Hope Church of God in Christ. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTS OF ACKNOWLEDGEMENT: On behalf of the City of Roanoke, the Mayor welcomed and presented a Key to the City to Ms. Nichole Johnson, Miss Virginia 1999. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for Executive Session to 5 ACTION: ACTION: discuss a matter with regard to acquisition of real property for public purpose, specifically property to be used as a City park; 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, May 4, 1998; Council acting as the Personnel Committee on Wednesday, May 6, 1998; the special meeting of Council held on Monday, May 11, 1998; and the regular meeting of Council held on Monday, May 18, 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 Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ............................................................. 7. NAYS: None ........................................................................ 0. COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(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 Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. 6 ACTION: PURCHASE/SALE OF PROPERTY-PARKS AND RECREATION- COUNCIL: A report of the City Manager requesting that Council convene in Executive Session to discuss a matter with regard to acquisition of real property for public purpose, specifically property to be used as a City park, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to acquisition of real property for public purpose, specifically property to be used as a City park, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. TAXES-COMMISSIONER OF REVENUE-LICENSES: A communication from the Honorable Sherman A. Holland, Commissioner of the Revenue, in response to a request of Melanie Logan, representing Enterprise Rent-A-Car, that the business be granted relief from the wholesale business license requirement through an exemption, was before Council. Mr. Holland explained that Enterprise Rent-A-Car is engaged in two different businesses: one is the rental of vehicles and the other is the wholesale sale of vehicles; therefor, pursuant to Section 19-9 of the Code of the City of Roanoke (1979), as amended, a separate business license is needed. It was advised that the State Code, the Roanoke City Code, and BPOL Guidelines as set forth by the Virginia Department of Taxation are clear concerning the licensing requirement for such wholesale activity as conducted by Enterprise Rent-A-Car; additional research conducted on other business license accounts in the City of Roanoke and information provided by other jurisdictions within the Commonwealth of Virginia concludes that such exemption would not 7 ACTION: ACTION: be in accordance with current business license tax applications; and the wholesale license on Enterprise Rent-A-Car was properly levied, therefor, the Commissioner of Revenue cannot grant an exemption and remain in compliance with existing law. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. HUMAN DEVELOPMENT-CITY EMPLOYEES-PERSONNEL DEPARTMENT-ROANOKE CIVIC CENTER-JUVENILE CORRECTIONAL FACILITIES-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Raleigh Campbell as a member of the Human Services Committee for a term ending June 30, 1999; Stephen L. Jamison as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2001; Sandra W. Ryals as a member of the Roanoke Civic Center Commission for a term ending September 20, 1999; Glenn D. Radcliffe as a member of the Human Services Committee for a term ending June 30, 1999; and Glenn D. Radcliffe as an Ex-Officio member of the Roanoke Valley Juvenile Detention Center Commission 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: 8 AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. ENTERPRISE ZONE: The City Manager submitted a written report requesting that Council schedule a public hearing for Tuesday, September 8, 1998, at 2:00 p.m., or as soon thereafter as the matter may be heard, with regard to proposed boundary amendments to Enterprise Zone Two. (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 Manager to schedule a public hearing for Tuesday, September 8, 1998, at 2:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. Inasmuch as public hearings are routinely held on the third Monday of each month, the public hearing was advertised to be held on Monday, September 21, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: INVITATIONS-COUNCIL-COMMONWEALTH OF VIRGINIA BUILDING: D. Kent Chrisman, Executive Director, History Museum & Historical Society of Western Virginia, extended an invitation for Council to attend the unveiling of a State Gallery in the foyer of the Commonwealth Building on Friday, September 11, 1998, at 12:00 noon. Mr. Chrisman advised that the State Gallery will be comprised of photo-portraits of three Governors of Virginia whose connections to the City of Roanoke were real and significant (Governors Trinkle, Almond and Holton) and 21 legislators who have represented the City of Roanoke in the General Assembly since the end of World War II. 9 ACTION: ACTION: Without objection by Council, the Mayor advised that the communication would be received and filed. CITY EMPLOYEES-PERSONNEL DEPARTMENT: A request of Ronald A. Mathews and Evelyn D. Wheeler to address Council with regard to the City Employee Grievance Procedure, was before the body. Without objection by Council, the Mayor advised that the remarks of Mr. Mathews and Ms. Wheeler would be heard at the 7:00 p.m. session of Council. PETITIONS AND COMMUNICATIONS: BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS- VICTIM/WITNESS/JUROR PROGRAM: A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, recommending acceptance of the Victim/Witness Assistance Program Grant, in the amount of $87,366.00 and a local cash match of $25,671.00, was before Council. It was advised that the Victim/Witness Assistance Program is designed to recognize and address the needs of victims and witnesses in the Roanoke City Criminal Justice System and to continue the commitment for citizen support; Council accepted the start-up grant in September, 1984, and hired a full-time program coordinator in October, 1984; and the program has been in continued operation since that time. It was further advised that the Victim/Witness Assistance Program has been awarded a 12 month, $87,366.00 grant (#99- E8554VW98), for July 1998 through June 1999; a local cash match of $25,671.00 is requested, for a total grant budget of $113,037.00; and the local cash match is equal to that of fiscal year 1997-98 and is included in the adopted budget in the Transfer to Grant Fund Account. It was noted that the Victim/Witness Assistance Program continues to operate with a full-time coordinator, as well as a full-time assistant for Juvenile & Domestic Relations Court; duties have expanded and increasingly greater contact has been made with persons in need of program services; in addition, the Virginia Crime Victim and Witness Rights Act requires the program to contact and provide services to an increased number of victims and witnesses; the grant award also includes funding for the second full-time staff member to provide services to victims and witnesses of misdemeanor offenses 10 ACTION: in the General District Court and appeal cases and certain felony offenses in the General District and Circuit Courts; and the Program is coordinated by the Office of the Commonwealth's Attorney. The Commonwealth's Attorney recommended that Council accept and participate in the Department of Criminal Justice Services Grant #99-E8554VW98 for the Victim/Witness Assistance Program, in the amount of $87,366.00, with the City providing a local cash match of $25,671.00 from monies provided in the Transfer to Grant Fund Account in the fiscal year 1998-99 budget; that the City Manager be authorized to sign and execute all appropriate documents to obtain Grant #99- E8554VW98; that funding in the amount of $113,037.00 be budgeted in revenue accounts to be established in the Grant Fund by the Director of Finance; that funding in the amount of $25,671.00 be transferred from Account No. 001-004-9310-9535 (General Fund - Transfer to Grant Fund) to the Grant Fund as the City's local cash match for the Program; and that funding in the amount of $113,037.00 be appropriated. The City Manager submitted a written report concurring in the recommendation of the Commonwealth's Attorney. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33971-081798) 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 105.) Mr. Trout moved the adoption of Ordinance No. 33971-081798. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. Mr. Trout offered the following resolution: 11 (#33972-081798) A RESOLUTION authorizing the acceptance of Grant No. 99-E8554VW98 made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for a Victim/Witness Assistance Program and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents. (For full text of Resolution, see Resolution Book No. 61, page 106.) ACTION: Mr. Trout moved the adoption of Resolution No. 33972-081798. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS: A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney advising that in an effort to better fund law enforcement efforts to fight crime, particularly drug crime, in 1986, the Federal government adopted a system of asset forfeiture whereby forfeited assets, under certain conditions, could be returned to local law enforcement agencies, police and prosecutors, for use in their fight against crime; in July, 1991, the Virginia asset forfeiture statute, which generally is patterned after the Federal statute, took effect providing that forfeited criminal assets may be returned to local police and prosecutors for use in the fight against crime; periodically, assets seized as evidence are ordered forfeited by the local courts to the police or the Office of the Commonwealth's Attorney to be used for criminal law enforcement efforts; and in August 1991, a grant fund account for cash assets forfeited to the Office of the Commonwealth's Attorney was established with an appropriation of $25,000.00, was before Council. It was further advised that since August 1991, the Office of the Commonwealth's Attorney has expended the $25,000.00 originally appropriated; and revenues collected through June 30, 1998, for the grant are $86,506.00 and were recorded in Account No. 035-035-1234- 7107, with the current revenue estimate being $70,015.00, and funding received in excess of the estimated revenue totals $16,491.00 and needs to be appropriated. 12 ACTION: The Commonwealth's Attorney recommended that Council appropriate $16,491.00 to the following grant fund accounts: Administrative Supplies Expendable Equipment (<$500.00) Training & Development CIS - Personal Computer Rental/Maintenance Expendable Equipment (>$500.00) 035-026-5140-2030 035-026-5140-2035 035-026-5140-2044 035-026-5140-7007 035-026-5140-9005 $8A~1~0 3,000.00 2,000.00 Total $16,491.00 Increase the revenue estimate in the amount of $16,491.00. The City Manager submitted a written report concurring in the recommendation of the Commonwealth's Attorney. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33973-081798) 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 107.) Mr. Trout moved the adoption of Ordinance No. 33973-081798. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. BUDGET-DRUGS/SUBSTANCE ABUSE-STATE COMPENSATION BOARD-COMMONWEALTH'S ATTORNEY-GRANTS: A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, advising that Federal funding was made available to the Commonwealth of Virginia to be used for the development of several Multi-Jurisdictional Special Drug Prosecutors statewide; the positions were developed to coordinate prosecutorial efforts among independent 13 jurisdictions, to reduce fractional and duplicate prosecutions, to enhance the recovery of criminal assets, to utilize federal, state and local resources to assure maximum prosecutorial effectiveness, and to provide specialized prosecutorial resources to the regional drug enforcement effort; and in addition, the Regional Drug Prosecutor has been cross-designated as an Assistant U. S. Attorney with the cross- designation permitting a state prosecutor to make use of the Federal Grand Jury, was before Council. It was further advised that the Commonwealth's Attorneys of Craig County, Franklin County, Roanoke County, and the Cities of Roanoke and Salem applied on October 9, 1987, to the Commonwealth's Attorneys' Services Council, the State agency responsible for the administration of the grant money to fund a Multi- Jurisdictional Special Drug Prosecutor; and Council accepted the Multi- Jurisdictional Special Drug Prosecutor Grant in April, 1988, and a full- time Special Drug Prosecutor was hired in July, 1988. It was noted that on April 15, 1994, the Commonwealth's Attorneys' Services Council notified the Commonwealth Attorney's Office of Roanoke City that legislation approved by the General Assembly allowed funds for the Drug Prosecutor's Office to be transferred from the Department of Criminal Justice Services and the Commonwealth's Attorneys' Services Council to the Compensation Board; the position is funded separately from the positions in the Commonwealth's Attorney's Office, with its own cost code, budget, and monthly payroll and expense report; and on April 30, 1998, the Compensation Board approved funds for the Drug Prosecutor's Office for the period July 1, 1998 through June 30, 1999, in the amount of $88,149.00 for staff salaries and office expenses, with the total cost of operating the Drug Prosecutor's Office being $102,955.00 and a local share cost of $14,806.00. The Commonwealth's Attorney recommended that Council accept funding, in the amount of $88,149.00 from the Compensation Board and $14,806.00 in local funds for the Drug Prosecutor's Office; authorize the City Manager to execute all appropriate documents to obtain funding for the Drug Prosecutor's Office from the Compensation Board; appropriate funding in the total amount of $102,955.00; and establish a revenue estimate in the Grant Fund of $102,955.00. The City Manager submitted a written report concurring in the recommendation of the Commonwealth's Attorney 14 ACTION: ACTION: (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33974-081798) AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 108.) Mr. Trout moved the adoption of Ordinance No. 33974-081798. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. Mr. Trout offered the following resolution: (#33975-081798) A RESOLUTION authorizing the acceptance of funding for the drug prosecutor's office by the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution and filing of all appropriate documents to obtain such funds. (For full text of Resolution, see Resolution Book No. 61, page 110.) Mr. Trout moved the adoption of Resolution No. 33975-081798. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: 15 POLICE DEPARTMENT: A. L. Gaskins, Chief of Police, presented a briefing on the Citizen's Police Academy, which is a program that is new to the City of Roanoke but not new to the United States, and provides an opportunity to work toward becoming a community policing agency while strengthening partnerships with the local community. He explained that numerous programs were reviewed prior to recommending a specific program for the City of Roanoke. Sergeant Ronald Radcliffe, an 18 year veteran of the Roanoke City Police Department, who conducted the research advised that policing in the United States has changed since the conception of modern policing in the mid 1800's, and the Citizen's Police Academy expands on the Community Oriented Policing Effort (C.O.P.E.) philosophy. He further advised that the structure of the Police Academy is a ten week program, one night per week from 6:00 p.m. to 9:00 p.m., which will be offered once in the spring and once in the fall, the application process will be open to City residents and to those who work in the City who have a vested interest in the City and its Police Department, and to all Roanoke Valley residents who have an interest in law enforcement, the program will be free of charge, participants must be 21 years of age, and each session will consist of 24 participants who will receive 32 hours of instruction. He explained that participants will engage in a ride along program and must attend eight out of ten classes to graduate with a certificate, the course will consist of demonstrations in K-9 training, biking, mounted patrol, recruitment, patrol, evidence, crime prevention, investigations, traffic, internal affairs, School Resource and DARE Program, firearms, driving range, tours of the new police academy, police department, courthouse, jail, and the new communications center. He advised that classes are designed to give participants an opportunity to see first hand what the police officer does on a day to day basis, and the goal is for participants to return to the communities where they live and serve as goodwill ambassadors, while establishing dialogue between the communities of the City and the Police Department in an effort to attain interaction and cooperation with the citizens of Roanoke to enhance public safety and community awareness. He stated that the first Citizen's Police Academy will begin on September 15 and invited the Members of Council to participate. Without objection by Council, the Mayor advised that the briefing would be received and filed. 16 ACTION: ITEMS RECOMMENDED FOR ACTION: DIRECTOR OF FINANCE-CITY ATTORNEY-COMMITTEES- JUVENILE CORRECTIONAL FACILITIES: The City Manager submitted a written report advising that on May 18, 1998, Council adopted a resolution authorizing the City's participation in the Roanoke Valley Detention Commission, the sale of the existing Detention Center with 8.5 acres of land to the Commission and authorized the City Manager to execute an agreement with other member jurisdictions; the Roanoke Valley Detention Commission, comprised of the Cities of Roanoke and Salem and the Counties of Botetourt, Franklin and Roanoke, is responsible for expanding the Detention Center from a 21 bed facility to an 81 bed facility and operating the facility upon completion; and on July 15, 1998, the State Board of Juvenile Justice approved funding in the amount of $4,027,037.00 for 60 additional beds and 21 replacement beds. It was further advised that on August 10, 1998, the Commission held an organizational meeting and recommended that a formal request be made to the City of Roanoke to appoint the City Attorney to serve as temporary fiscal agent and the Superintendent of Detention to serve as temporary Administrator for the Roanoke Valley Detention Commission; whereupon, the City Manager recommended that Council authorize the City Attorney, the Director of Finance and the Superintendent of the Juvenile Detention Center to serve as temporary legal counsel, fiscal agent and administrator for the Roanoke Valley Detention Commission, respectively. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#33976-081798) A RESOLUTION authorizing the Director of Finance to serve as the temporary Fiscal Agent, the City Attorney to serve as temporary Legal Counsel, and the Superintendent of the Detention Center to serve as interim Administrator for the Roanoke Valley Detention Commission. (For full text of Resolution, see Resolution Book No. 61, page 111.) Mr. White moved the adoption of Resolution No. 33976-081798. The motion was seconded by Mr. Harris and adopted by the following vote: 17 AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. BUDGET-CONSULTANTS REPORTS-WATER RESOURCES: The City Manager submitted a written report advising that at the Council meeting on February 2, 1998, he was instructed to engage a consultant to conduct a Comprehensive Land Use Study of Carvins Cove watershed property; and Council appointed a Citizens Advisory Committee on March 2, 1998, composed of the following persons: Elizabeth T. Bowles, Chairperson, lan Webb, M. Rupert Cutler, James K. Cowan, Jr., William H. Lamson, Wesley Best and Chauncey L. Logan. It was further advised that the consultants scope of work will focus on the following four major tasks: Inventory of Existing Conditions and Practices, Assessment of Existing Conditions, Develop and Evaluate Alternative Land Uses, and Conclusions and Recommendations; the study is expected to take approximately one year to complete; proposals were received by four firms including Whitesell Orrison, Inc., Hill Studio, P. C., Leon Younger and PROS, and Dewberry and Davis; and the committee selected the firm of Whitesell Orrison, Inc., as the most qualified consultant for the proposed work. The City Manager recommended that he be authorized to execute a contract, in a form to be approved by the City Attorney, with Whitesell Orrison, Inc., in the amount of $119,250.00, to provide professional services for the Carvins Cove Land Use Study; and that $136,000.00 be appropriated from Water Fund Prior Year Retained Earnings to an account to be established by the Director of Finance entitled, Carvins Cove Land Use Study. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (#33977-081798) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 113.) 18 ACTION: Ms. Wyatt moved the adoption of Ordinance No. 33977-081798. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. Ms. Wyatt offered the following resolution: (#33978-081798) A RESOLUTION authorizing a contract between the City of Roanoke and Whitesell Orrison, Inc., for the provision of professional services for the Carvins Cove Comprehensive Land Use Study and Plan. (For full text of Resolution, see Resolution Book No. 61, page 114.) ACTION: Ms. Wyatt moved the adoption of Resolution No. 33978-081798. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. SEWERS AND STORM DRAINS-WATER RESOURCES: The City Manager submitted a written report advising that the contractor for Change Order No. 2, upgrading and expansion of the Water Pollution Control Plant, is Danis Environmental Industries, Inc., which contract was awarded by Council on August 4, 1997, in the amount of $16,690,000.00 with a specified time of 730 consecutive calendar days for completion of the work; Change Order No. 1 was approved by Council on July 6, 1998, for an additional $100,513.00, bringing the total contract amount to $16,790,513.00, with no additional construction days; and the project consists of upgrading and expanding the Water Pollution Control Plant to 62,000,000.00 gallons treatment capacity per day. 19 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; the total amount of Change Order No. 2 is $65,782.00; and Malcolm Pirnie, Inc., and Mattern & Craig, Inc., have reviewed the changes and have recommended approval for payment. The City Manager recommended that he be authorized to issue Change Order No. 2 to the contract with Danis Environmental Industries, Inc., in the amount of $65,782.00 and an additional seven consecutive calendar days construction time, for a total contract amount of $16,856,295.00 and 737 consecutive calendar days for completion of the project; and the proportional share to each jurisdiction would be as follows: City of Roanoke (37.3%) $24,536.69 County of Roanoke (29.2%) 19,208.34 City of Salem (20.9%) 13,748.44 Botetourt County (7.0%) 4,604.74 Town of Vinton (5.6%) 3,683.79 Total of Change Order No. 2 $65,782.00 (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#33979-081798) AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 2 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 115.) Mr. Harris moved the adoption of Ordinance No. 33979-081798. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. 2O BUDGET-EMERGENCY SERVICES-GRANTS: The City Manager submitted a written report advising that on July 6, 1998, Council authorized the City Manager to enter into an agreement to participate in a Level III Regional Response Team; on July 13, 1998, the City Manager and the State Coordinator of Emergency Services entered into the agreement which is effective until June 30, 2000, unless terminated upon 30 days written notice by either party; according to the proposed agreement, the City of Roanoke, as well as all localities who participate in a regional response team, will receive "pass-through funding" from the Virginia Department of Emergency Services to assist with the purchase of equipment and to attend training programs needed to comply with mandates established by Federal OSHA and the Virginia Department of Emergency Services; and pass through funding totaling $15,000.00 has been received from the Virginia Department of Emergency Services by the City of Roanoke and deposited in Account No. 035-050-3221-7067. It was further advised that the City of Roanoke and the City of Salem will coordinate purchase of equipment for the Hazardous Materials Regional Response Team in order to avoid duplication of expensive equipment and allow for compatibility of equipment purchased; and training classes are coordinated through hazardous material officers for the respective jurisdictions and in conjunction with the Virginia Department of Emergency Services. The City Manager recommended that Council accept the Hazardous Materials Regional Response Team Grant, in the amount of $15,000.00, and authorize execution of the grant agreement between the Virginia Department of Emergency Services and the City of Roanoke, said agreement to be approved as to form by the City Attorney; and appropriate $15,000.00 as follows: $11,300.00 to Other Equipment and $3,700.00 to Training and Development under the Hazardous Materials Response Team Grant (Account Nos. 035-050-3221-2035 and 035-050- 3221-2044) and increase the revenue estimate by $15,000.00. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#33980-081798) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund Appropriations, and providing for an emergency. 21 ACTION: ACTION: (For full text of Ordinance, see Ordinance Book No. 61, page 116.) Mr. Hudson moved the adoption of Ordinance No. 33980-081798. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. Mr. Hudson offered the following resolution: (#33981-081798) A RESOLUTION authorizing the acceptance of a grant made to the City of Roanoke by the Virginia Department of Emergency Services for training and for the purchase of equipment for the Hazardous Materials Regional Response Team and authorizing the acceptance, execution and filing of all appropriate documents to obtain such grant. (For full text of Resolution, see Resolution Book No. 61, page 117.) Mr. Hudson moved the adoption of Resolution No. 33981-081798. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. TOTAL ACTION AGAINST POVERTY: The City Manager submitted a written report advising that Total Action Against Poverty (TAP) has received funding from the City of Roanoke since 1974; the Director of Human Development and TAP met to develop proposed program services to be provided by TAP on behalf of the City, which will include the following categories: Food and Nutrition, Community Development, Education and Employment, Transitional Living Center, Offender Services and Women's Resource Center; and these services, with the exception of the Women's Resource Center, have been previously provided by TAP through an appropriation from the City. 22 It was further advised that TAP provides direct services for the City; the proposed contract with TAP will provide for a definitive level of specified, measurable services, performance measures and monitoring for contract compliance; and funding is included in the Human Development support category in the Fiscal Year 1997-98 Recommended Budget. The City Manager recommended that he be authorized to contract with Total Action Against Poverty to provide those services as more fully described in the contract. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#33982-081798) A RESOLUTION authorizing the City Manager to enter into a contract with Total Action Against Poverty (TAP), to provide certain program services for the City, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 61, page 117.) ACTION: Mr. Harris moved the adoption of Resolution No. 33982-081798. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. BUDGET-WATER RESOURCES: The City Manager submitted a written report advising that the contractor in connection with exterior and interior potable water tank painting at Grandin Court Tanks 1 and 2 and Carroll Avenue Tank is J & W Sandblasting of North Carolina, Inc.; and construction contract amount is $161,000.00 with 105 consecutive calendar days for completion of the project. It was further advised that the Carroll Avenue standpipe has been carefully inspected and the extent of remedial action has been determined; the contractor has provided cost estimates for the repair- replacement work totaling $66,000.00; whereupon, the City Manager recommended that Council approve and ratify certain emergency action 23 ACTION: which was taken by the City Manager as described in a briefing to Council on August 3, 1998, and authorize issuance of Change Order No. 2 to the contract with J & W Sandblasting of North Carolina, Inc., in the amount of $66,000.00 and 14 additional consecutive calendar days to complete the work, for a total contract amount, as follows: Contract Change Order No. I (administrative) Change Order No. 2 Total amount $161,000.00 2,000.00 66.000.00 $229,000.00 The City Manager further recommended that Council authorize appropriation of $66,000.00 from Water Fund prior years retained earnings to project Account No. 002-056-8388-9003, "Water Tank Painting." (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (#33983-081798) AN ORDINANCE to amend and reordain certain sections of the 1998-99 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 118.) Ms. Wyatt moved the adoption of Ordinance No. 33983-081798. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. Ms. Wyatt offered the following emergency ordinance: (#33984-081798) AN ORDINANCE ratifying the emergency action taken by the City Manager to authorize additional work to be performed on the Carroll Avenue Tank by J & W Sandblasting of North Carolina, Inc.; authorizing the City Manager's issuance of Change Order No. 2 to 24 the City's contract with J & W Sandblasting of North Carolina, Inc., for the exterior and interior potable water tank painting of Grandin Court Tanks I and 2 and the Carroll Avenue Tank; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 119.) ACTION: Ms. Wyatt moved the adoption of Ordinance No. 33984-081798. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. BUDGET-GRANTS-YOUTH: The City Manager submitted a written report advising that a grant was first officially awarded to the City under the Virginia Delinquency Prevention and Youth Act on June 17, 1980; the fiscal year 1998-99 youth grant application was submitted to the Department of Juvenile Justice in May, 1998; and the grant will provide for continuation of coordinated planning and program implementation of the Office on Youth. It was further advised that the fiscal year 1998-99 grant budget totals $70,585.00 with $38,412.00 in State funds and $32,173.00 in local cash match; local cash match, in the amount of $29,628.00, was included in the fiscal year 1998-99 General Fund budget in the Transfer to Grant Fund Account No. 001-004-9310-9535; additional funding of $2,545.00 is necessary to provide the required local match which is available in the General Fund Contingency; and Council's acceptance of the State grant award and appropriation of the local cash match are required before the appropriate City officials may execute the required documents to receive State funds. The City Manager recommended that Council accept the State Department of Juvenile Justice grant and authorize the City Manager to execute the grant agreement and related documents on behalf of the City, in a form to be approved by the City Attorney; appropriate funding in the amount of $70,585.00 in a revenue account to be established in the Grant Fund by the Director of Finance; appropriate funds in the amount of $70,585.00 to expenditure accounts; and transfer $2,545.00 from Contingency Account No. 001-002-9410-2199 to Account No. 001- 004-9310-9535, to provide local matching funds. 25 (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#33985-081798) AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 120.) ACTION: Mr. Harris moved the adoption of Ordinance No. 33985-081798. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. Mr. Harris offered the following resolution: (#33986-081798) A RESOLUTION authorizing acceptance of a grant from the Virginia Department of Juvenile Justice on behalf of the City to continue coordinated planning and program implementation of the Office on Youth, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. (For full text of Resolution, see Resolution Book No. 61, page 122.) ACTION: Mr. Harris moved the adoption of Resolution No. 33986-081798. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. BUDGET-BUSES-EQUIPMENT: The City Manager submitted a written report advising that the Greater Roanoke Transit Company (GRTC) operates 10 bus routes for 15 hours per day, utilizing a fleet of 38 buses, and peak time service requires 30 buses at one time; GRTC 26 has a need to replace five 1988 model transit buses, three support vehicles, two para-transit vans, various shop equipment, and office equipment; GRTC has applied to the Federal Transit Administration for a grant for these items; the Federal Transit Administration participates in capital project grants at 80% Federal shara of project costs; and the remaining 20% comes from State (10%) and local (10%) sources. It was further advised that Federal and State grant funding has been approved for equipment replacement and is available to the Greater Roanoke Transit Company; estimated cost of replacing the equipment is $2,000,000.00; $1,600,000.00, or 80%, will be funded by the Federal Transit Administration and another $200,000.00, or 10%, will be funded by the State, with the remaining $200,000.00, or 10%, to be funded locally. The City Manager recommended that Council provide 10% matching funds for the purchase of buses and related equipment; transfer $200,000.00 from the Transfer to Capital Projects Fund Account No. 001-004-9310-9508 to Transfer to the Transportation Fund Account No. 001-004-9310-9507; and increase the subsidy to the Greater Roanoke Transit Company in Transportation Fund Account No. 007- 056-8240-9540 by $200,000.00. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33987-081798) AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and Transportation Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 123.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33987-081798. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. 27 INSURANCE-RISK MANAGEMENT FUND-CONSULTANTS REPORTS: The City Manager submitted a written report advising that most insurance obtained by the City must be purchased through an agent/broker; the City can seldom purchase directly from the insurance company because commercial insurers sell insurance through brokers; the City is currently served by one agent/broker, J & H March & McClennan of Virginia, Inc., formerly known as Johnson and Higgins, Inc., to obtain the coverages that are now in place and other Risk Management Services which are under the present Risk Management Services Contract that expired on August 8, 1998; Risk Management Services will assist the City's insured and self-insured programs by: providing broker service to the Office of Risk Management, providing claims assistance for both insured and self-insured programs including claim disputes/negotiations with insurance carriers, providing loss control training and assistance in unusual exposures including environmental guidance and providing other risk management services as needed; and specifications were developed to secure agent/broker services on all existing policies and request for proposals were sent to agent/broker organizations. It was further advised that six proposals were received, evaluated and interviews were conducted with the top three proposers by representatives of the following departments: Finance, Supply Management, Personnel Management, Risk Management, and the City Attorney's Office; the proposer with the highest ranking was J & H Marsh and McClennan of Virginia, Inc.; and upon negotiation, an agreed upon fiat-fee of $33,000.00 per year was established with J & H Marsh and McClennan of Virginia, Inc., which meets all requirements and specifications of the City. The City Manager recommended that he be authorized to enter into an agent/broker service agreement with J & H Marsh and McClennan of Virginia, Inc., for a period of three years with an option to renew for two additional one year periods, at an annual cost of $33,000.00; funding has been budgeted and is available in Account Nos. 019-002-1262-3020 and 019-002-1262-2010; and reject all other proposals received by the City. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: 28 ACTION: (#33988-081798) A RESOLUTION accepting a proposal for the provision of insurance agent/broker services authorizing the execution of a contract with J&H Marsh & McLennan of Virginia, Inc., to provide insurance agent/broker services to the City; and rejecting all other proposals. (For full text of Resolution, see Resolution Book No. 61, page 124.) Mr. Hudson moved the adoption of Resolution No. 33988-081798. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. DIRECTOR OF FINANCE: BUDGET-HIGHER EDUCATION CENTER: 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 for operations; the Roanoke Higher Education Authority is responsible for expanding access to higher education and work force training in the Roanoke Valley by establishing the Roanoke Higher Education Center with such funds as are appropriated or made available for this purpose; and on July 20, 1998, Council authorized the Director of Finance to serve as temporary Fiscal Agent for the Authority. It was further advised that funds in the amount of $62,500.00 have been received from the Commonwealth of Virginia for fiscal year 1999 operating costs as outlined by the Virginia General Assembly; whereupon, the Director of Finance recommended that Council appropriate $62,500.00 in accounts to be established by the Director of Finance for Higher Education Authority operating costs and a corresponding revenue estimate. (For full text, see report on file in the City Clerk's Office.) 29 ACTION: Mr. Hudson offered the following emergency budget ordinance: (#33989-081798) 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 125.) Mr. Hudson moved the adoption of Ordinance No. 33989-081798. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. REPORTS OF COMMITTEES: TRAFFIC-BUDGET-CAPITAL IMPROVEMENTS PROGRAM- SIGNALS AND ALARMS: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for traffic signals at the intersection of Main Street, Elm Avenue and Ferdinand Avenue, S. W.; whereupon, he recommended that Council approve the following actions: Authorize the City Manager to execute a unit price contract with H. & S. Construction Co., in the amount of $172,610.50, with 120 calendar days for completion of the work and a project contingency of $17,261.00; and Transfer $49,086.00 from Public Improvement Bonds, Series 1996 - Streets (008-052-9701-9191) and $140,786.00 from Capital Improvement Reserve - Streets and Bridges (008-052-9575-9181) to an account to be established by the Director of Finance. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) 30 ACTION: Mr. Swain offered the following emergency budget ordinance: (#33990-081798) 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 126.) Mr. Swain moved the adoption of Ordinance No. 33990-081798. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. Mr. Swain offered the following emergency ordinance: (#33991-081798) AN ORDINANCE accepting the bid of H. & S. Construction Company for construction and installation of traffic signal systems at Main Street, Elm Avenue and Ferdinand Avenue, upon certain terms and conditions, and awarding a unit price contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 61, page 127.) Mr. Swain moved the adoption of Ordinance No. 33991-081798. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 31 ACTION: VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY-ECONOMIC DEVELOPMENT: Ordinance No. 33961, creating Virginia's First Regional Industrial Facility Authority and authorizing the Mayor to execute an agreement establishing the respective rights and obligations of member localities as to the Authority, having previously been before the Council for its first reading on Monday, August 3, 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: (#33961-081798) AN ORDINANCE creating Virginia's First Regional Industrial Facility Authority and authorizing the Mayor to execute an agreement establishing the respective rights and obligations of member localities as to the Authority. (For full text of Ordinance, see Ordinance Book No. 61, page 99.) Mr. Trout moved the adoption of Ordinance No. 33961-081798. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. NORFOLK SOUTHERN CORPORATION-RAILSIDE LINEAR WALK- WATER RESOURCES: Ordinance No. 33968, authorizing the filing of a petition by the City to vacate certain right-of-way along Norfolk Avenue and the exchange of certain property owned by the City for property owned by Norfolk and Western Railway Company, along Norfolk Avenue between Second Street, S. W., and the railroad tracks just east of Hunter Viaduct for the Railside Linear Walk Project, upon certain terms and conditions, having previously been before the Council for its first reading on Monday, August 3, 1998, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: (#33968-081798) AN ORDINANCE authorizing the filing of a petition by the City to vacate certain right-of-way along Norfolk Avenue and the exchange of certain property owned by the City for property 32 owned by Norfolk and Western Railway Company, along Norfolk Avenue, between Second Street, S. W., and the railroad tracks just east of Hunter Viaduct for the Railside Linear Walk Project, upon certain terms and conditions. ACTION: (For full text of Ordinance, see Ordinance Book No. 61, page 101.) Mr. Harris moved the adoption of Ordinance No. 33968-081798. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. CITY PROPERTY-SPECIAL PERMITS-WATER RESOURCES: Ordinance No. 33970, granting a revocable license to allow a 20 foot asphalt berm and a seven foot asphalt berm encroaching into the public right-of-way along the front of property located at 1600 Westchester Avenue, S. W., Official Tax No. 5160115, owned by Robert E. Mullen Jr., having previously been before the Council for its first reading on Monday, August 3, 1998, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: (#33970-081798) AN ORDINANCE granting a revocable license to allow a twenty foot asphalt berm and a seven foot asphalt berm encroaching into the public right-of-way along the front of the property located at 1600 Westchester Avenue, S. W., Official Tax No. 5160115, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 61, page 102.) Mr. Harris moved the adoption of Ordinance No. 33970-081798. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. 33 MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: TRAFFIC-COUNCIL-STREETS AND ALLEYS: Council Member Hudson requested that the City Manager review the feasibility of removing parking meters from City streets. He referred specifically to parking meters in downtown Roanoke and in the Grandin Road area. It was the consensus of Council that the matter would be referred to the City Manager for report to Council. TRAFFIC-ZONING-COUNCIL-COMMUNITY PLANNING-STREETS AND ALLEYS: Council Member Trout expressed concern with regard to the conversion of residential homes into apartments, thus creating parking problems. He referred specifically to a house located on Broadway, S. W., which was converted into apartments and a building was constructed in the back year and attached to the original structure. He noted that the Chief of Community Planning reviewed the matter and discovered a provision in the Zoning Ordinance that permitted the construction; however, the Chief of Community Planning advised that a report would be presented to Council in the near future to address the situation. Council Member Trout inquired as to the status of the report from the City Planning Commission. It was the consensus of Council that the matter would be referred to the City Manager for report to Council. TAXES-COUNCIL-REAL ESTATE VALUATION-SCHOOLS: Council Member White requested that the Director of Finance prepare a compilation on the amount of real estate taxes required to be collected by the City on a residential property in order to cover the cost of police, fire, and refuse collection services, etc.: i.e.: what is the break even point as far as residential property value when citizens of Roanoke are not called upon to subsidize fixed costs. He also requested a separate compilation on the local cost of education. It was the consensus of Council that the matter would be referred to the Director of Finance for report to Council. 34 ACTION: CITY SHERIFF-COUNCIL-REFUSE COLLECTION-STREETS AND ALLEYS: Council Member White spoke in support of a program initiated by the Sheriff's Department in which inmates clear debris from major thoroughfares of the City. He commended the Sheriff's Department in their efforts to keep the City clean. COUNCIL-SCHOOLS: Council Member White called attention to certain public and private construction work currently in progress in and around school buildings and requested that the City Manager take the necessary measures to insure that construction work is completed as much as possible prior to the opening of school on August 31, 1998. It was the consensus of Council that the matter would be referred to the City Manager. PARKS AND RECREATION-COUNCIL: Council Member Wyatt inquired as to the status of the proposed skateboard park which was to be a joint venture between Roanoke City and Roanoke County. It was the consensus of Council that the matter would be referred to the City Manager for a status report to Council. ZONING-COUNCIL-COMMUNITY PLANNING: Council Member Wyatt inquired as to the need for an update to the City's Comprehensive Land Use Plan. It was the consensus of Council that the matter would be referred to the City Manager for report to Council. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 4:10 p.m., the Mayor declared the meeting in recess. At 5:35 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: With respect to the Executive Session just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom 35 ACTION: of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. PURCHASE/SALE OF PROPERTY-HABITAT FOR HUMANITY: Mr. White moved that Council authorize the City Manager to offer Habitat for Humanity in the Roanoke Valley the sum of $352,800.00 for property located on Quail Drive, N. W., in the City of Roanoke, such offer being the final best offer by the City and shall be open for ten days from August 17, 1998. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson and Swain ......................................................................................... 6. NAYS: Mayor Bowers ........................................................... 1. At 5:40 p.m., the Mayor declared the meeting in recess in order for Council to reconvene in Executive Session. At 5:50 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: With respect to the Executive Session just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. 36 ACTION: ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that there is a vacancy on the Roanoke Arts Commission created by the resignation of Ernest Zulia, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Georgetta A. Welsh. Thers being no further nominations, Ms. Welsh was appointed as a member of the Roanoke Arts Commission, for a term ending June 30, 2000, by the following vote: FOR MS. WELSH: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ................................................. 7. OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Mayor advised that there is a vacancy on the Special Events Committee created by the resignation of Peter Lampman, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Kathy Wilson. There being no further nominations, Ms. Wilson was appointed as a member of the Special Events Committee, for a term ending June 30, 1999, by the following vote: FOR MS. WILSON: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ................................................. 7. OATHS OF OFFICE-COMMITTEES-ARCHITECTURAL REVIEW BOARD: The Mayor advised that there is a vacancy on the Architectural Review Board created by the ineligibility of Kenneth L. Motley to serve another term, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of Lawrence E. Johns. Thers being no further nominations, Mr. Johns was appointed as a member of the Architectural Review Board, for a term ending October 1, 2001, by the following vote: FOR MR. JOHNS: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ................................................. 7. 37 ACTION: ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that there is a vacancy on the Youth Services Citizen Board created by the resignation of Mollie C. DeBerry, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of Duane A. Kavka. There being no further nominations, Mr. Kavka was appointed as a member of the Youth Services Citizen Board, for a term ending May 31, 2001, by the following vote: FOR MR. KAVKA: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ................................................. 7. OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The Mayor advised that there is a vacancy on the Advisory Board of Human Development created by the resignation of Douglas C. Dowe, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Anita J. Price. There being no further nominations, Ms. Price was appointed as a member of the Advisory Board of Human Development, for a term ending November 30, 2001, by the following vote: FOR MS. PRICE: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ................................................. 7. OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The Mayor advised that there is a vacancy on the Human Services Committee created by the resignation of Alphonso McCain, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Katheryn M. McCain. There being no further nominations, Ms. McCain was appointed as a member of the Human Services Committee, for a term ending June 30, 1999, by the following vote: FOR MS. MCCAIN: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ................................................. 7. 38 ACTION: ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-FLOOD REDUCTION/CONTROL: The Mayor advised that the term of office of Robert H. Bennett, Jr., as a member of the Flood Plain Committee expired on June 30, 1998, and called for nominations to fill the vacancy. Mr. Hudson placed in nomination the name of Robert H. Bennett, Jr. There being no further nominations, Mr. Bennett was reappointed as a member of the Flood Plain Committee, for a term ending June 30, 1999, by the following vote: FOR MR. BENNETT: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ...................................... 7. OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Mayor advised that there is a vacancy on the Special Events Committee created by the death of Samuel G. Oakey, II, and called for nominations to fill the vacancy. Mr. Hudson placed in nomination the name of Samuel G. Oakey, II1. There being no further nominations, Mr. Oakey was appointed as a member of the Special Events Committee, for a term ending June 30, 1999, by the following vote: FOR MR. OAKEY: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ................................................. 7. OATHS OF OFFICE-COMMITTEES-CULTURAL SERVICES COMMITTEE: The Mayor advised that there is a vacancy on the Cultural Services Committee created by the resignation of Sandra Ryals, and called for nominations to fill the vacancy. Mr. Hudson placed in nomination the name of Frank Eastburn. There being no further nominations, Mr. Eastburn was appointed as a member of the Cultural Services Committee, for a term ending June 30, 1999, by the following vote: FOR MR. EASTBURN: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................... 7. 39 ACTION: OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that the term of office of Christie M. Kelsey and Willis M. Anderson as Commissioners of the Roanoke Redevelopment and Housing Authority will expire on August 31, 1998, and called for nominations to fill the vacancy. Mr. Trout placed in nomination the names of Christie M. Kelsey and Willis M. Anderson. There being no further nominations, Ms. Kelsey and Mr. Anderson were reappointed as Commissioners of the Roanoke Redevelopment and Housing Authority, for terms ending August 31, 2002, by the following vote: FOR MS. KELSEY AND MR. ANDERSON: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .................. 7. At 5:50 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Monday, August 17, 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 James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A. Bowers .......................................................... 7. ABSENT: None .................................................................... 0. OFFICERS PRESENT: 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. 40 ACTION: HEARING OF CITIZENS UPON PUBLIC MATTERS: ACTS OF ACKNOWLEDGEMENT-COUNCIL: Barbara N. Duerk, representing Virginia Skyline Girl Scout Council Adventurers Program, advised that members represented the Girl Scouts of the United States of America at an International Friendship Camp on July 25 - August 1, 1998, in Lancashire County England. She further advised that on July 30, Mayors and Mayoress from local cities and towns were guests at a special program; whereupon, she presented Mayor Bowers with a Town Plaque from the Mayor of Chorley, England. Without objection by Council, the Mayor advised that the remarks of Ms. Duerk would be received and filed. CITY EMPLOYEES-PERSONNEL DEPARTMENT: Ms. Evelyn D. Wheeler, a City employee, 3021 Ashworth Circle, N. E., advised that on July 9 she along with Ronald A. Mathews, a former City employee, appeared before Council in connection with the City's non-compliance with its grievance procedure, and presented information regarding a procedure for conflict resolution. She further advised that the matter was referred to the City Manager and the City Attorney for report, and on Monday, August 3, 1998, the City Manager presented his report which she believes is not reflective of the truth. She explained that pursuant to the Freedom of Information Act, correct data was obtained from the Manager of Personnel and the facts previously presented to Council bear out her contention that panels consisting of members of the Personnel and Employment Practices Commission do not allow City employees due process. Ms. Wheeler again requested an investigation and/or round table discussion since five minute presentations before Council do not provide sufficient time to present documented evidence. She requested a meeting with Council and City management to review certain alleged conflicting information. Mr. Ronald A. Mathews, a former City employee, Route 3, Box 203, Goodview, Virginia, read a prepared statement in regard to alleged failings of the City employee grievance procedure, and requested that Council move forward with formal meetings to investigate certain allegations. He requested that he, along with Ms. Wheeler, be permitted to participate in a round table discussion that would include City Council and the City Administration. 41 (For full text, see statement on file in the City Clerk's Office.) It was the consensus of Council that the remarks of Ms. Wheeler and Mr. Mathews would be referred to the City Manager and the City Attorney for report to Council as to legal implications, if any. Council Member Wyatt requested that Council be provided with a comparison of the City's grievance procedure and the State's grievance procedure. PUBLIC HEARINGS COMMUNICATIONS DEPARTMENT-WATER RESOURCES: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 17, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposal of the City of Roanoke to lease a portion of four City-owned water tank sites to Triton P. C. Property Company, L. L. C., for the purpose of installing antennas and related equipment thereon for providing radio and wireless telecommunications services, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, August 9, 1998. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Manager advising that a lease to locate cellular and/or Personal Communication System (PCS) antennas on four City owned water tanks has been requested by Triton PCS Property Company, L. L. C., a wireless communication provider; and Council approved and adopted the City of Roanoke Policy as to Wireless Telecommunications Facilities located on City property on January 21, 1997, in accordance with a recommendation set forth in a report of the Water Resources Committee dated February 3, 1997, was before the body. It was further advised that lease agreements for the use of City facilities have been submitted by Triton PCS Property Company L. L. C. for approval by the City for four water tank sites including Washington Heights, The Summit, Mount Pleasant and Grandin Court Elevated Water Tank No. 1; the monthly rental Triton would pay is $750.00 per month, plus the increase in the Consumer Price Index for 42 ACTION: the year ending July 31, 1998, for each site, totaling $36,000.00 for the first year of the lease; and the term of the lease would be from approximately September 1, 1998 to July 31, 2002, with up to two five year renewals upon mutual agreement of the parties. The City Manager recommended that Council approve the lease agreements to provide for the use of City facilities in accordance with City Policy by Triton PCS Property Company, L. L. C., such lease agreements to be approved as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that the following ordinance be placed upon its first reading: (#33992) AN ORDINANCE authorizing the proper City officials to enter into separate Lease Agreements between the City and Triton PCS Property Company, L. L. C., for use of a portion of the following four City owned water tanks and sites on which those water tanks are located: the Washington Heights Water Tank; the Summit Water Tank; the Mount Pleasant Water Tank; and the Grandin Court Elevated Water Tank No. 1 (also known as Creston Avenue Elevated Water Tank No. 1). Such use shall be for the placement, operation, and maintenance of personal communication system antennas and related equipment, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 61, page 130.) 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 matter. There being none, Ordinance No. 33992 was adopted, on its first reading, by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. ENTERPRISE ZONE-ECONOMIC DEVELOPMENT: The City Clerk having advertised a public hearing to be held on Monday, August 17, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, in 43 the City Council Chamber, with regard to a proposal of the City of Roanoke to make application to the Virginia Department of Housing and Community Development to amend the boundaries of Enterprise Zone One, the matter was before Council. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, August 3, 1998 and Monday, August 10, 1998. (See publisher's affidavit on file in the City Clerk's Office.) The City Manager submitted a written report advising that the Enterprise Zone Program in the City of Roanoke has been successful in promoting economic development within the inner City; since 1985, 79 companies (52 new companies and 27 existing companies) have been certified for state enterprise zone tax credits and grants); and Roanoke's Enterprise Zone One is in effect for 20 years from January 1, 1984 to December 31, 2003, encompasses 1,878 acres, and the maximum size allowed for Roanoke's Enterprise Zone One is 1,906 acres. The City Manager further advised that Enterprise Zone One contains many publicly-owned properties and facilities; however, public entities, public service agencies, and not-for-profit organizations are not eligible to receive zone benefits and should be removed from the zone; the Office of Economic Development has identified 285.5 acres to remove from Enterprise Zone One boundaries (see Enterprise Zone One Proposed Boundary Amendment Map for a complete listing of property and business owners); and removing publicly-owned facilities from Enterprise Zone One would allow the City to add properties which would be eligible for Enterprise Zone benefits. It was explained that the Office of Economic Development has identified 286.2 acres to add to Enterprise Zone One boundaries, which properties are indicated on the Enterprise Zone One Proposed Boundary Amendment Map; the general areas include: Melrose Avenue Commercial Corridor, Roanoke-Salem Plaza, Blue Ridge Industrial Park, Ninth Street S. E. Commercial Corridor, Sixth to Eighth Streets, S. W., and portions of Thirteenth Street, S. W., near and under Memorial Bridge. The City Manager recommended that Council authorize a boundary amendment of Enterprise Zone One to add and delete the areas described in the report, and, minus comments at the public hearing which would require further consideration, adopt a measure authorizing the City Manager to file an application for a boundary amendment with the Virginia Department of Housing and Community Development. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following Resolution: (#33993-081798) A RESOLUTION authorizing the proper City officials to make a boundary amendment to Roanoke's Enterprise Zone One that will delete certain areas within Enterprise Zone One and add certain areas not currently in Enterprise Zone One; and to authorize the City Manager to apply to the Virginia Department of Housing and Community Development for approval of the boundary amendment to include the addition of certain areas not currently in Roanoke's Enterprise Zone One and to take such further action as may be necessary to obtain the boundary amendment. (For full text of Resolution, see Resolution Book No. 61, Page 128.) Mr. Trout moved the adoption of Resolution No. 33993-081798. The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., inquired if the proposed amendment to Enterprise Zone One allows encroachment of commercial activity into Historic Gainsboro, in addition to other residential sections of Gainsboro; it appears that the Gainsboro Branch Library is included on the list of properties, therefore, will the library be closed; and will residents play a role in helping to determine what types of businesses will be located within the area. Lisa J. Fain, Economic Development Specialist, advised that the proposed amendment applies to incentives available to businesses and has nothing to do with zoning in the Gainsboro area. She further advised that the proposed amendment would have no effect on the Gainsboro Branch Library; and as an extension of the amendment to 45 Enterprise Zone One, a report will be submitted to Council within approximately two months with regard to recommendations for residential incentives. She explained that it was necessary to establish the geographic boundaries of Enterprise Zone One, review demographic data, determine needs, meet with citizens, and conduct public hearings, etc. Following further discussion, it was clarified that the Gainsboro Branch Library is not included in Enterprise Zone One. No other persons wishing to address Council, Resolution No. 33993-081798 was adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. OTHER HEARING OF CITIZENS: None. There being no further business, the Mayor declared the meeting adjourned at 7:45 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 46 DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE S.W. - ROOM 452 ROANOKE, VIRGINIA 2401 I- 1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 November 2, 1998 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 A. Bowers Mayor DAB:se Honorable Mayor and Members of City Council Roanoke, Virginia P4:3~; Dear Mayor Bowers and Members of City Council: Subject: Personnel Lapse for the First Quarter of Fiscal Year 1998-99 (July, 1998 - September, 1998) November 2, 1998 Personnel lapse is generated due to employee turnover and vacancies in City departments. For the current fiscal year, salary savings of $812,038 are projected as a result of these vacancies. The following figures represent the status of Personnel Lapse for Fiscal Year 1998-99 as of September 30, 1998: .General Fund: Total Budgeted Personnel Lapse First Quarter Personnel Lapse Generated July August September Less Revenue Adjustment Net First Quarter Reduction Personnel Lapse Balance Remaining after First Quarter ($812,038) $154,187 160,391 216,259 ~530,837 H03,721) $427,116 The status of lapse is reported to City Council as a Consent Agenda item. A fourth quarter report will provide a budget ordinance that encompasses all quarters, eliminates the budgeted lapse amount, adjusts affected departmental operating budgets and adjusts revenue estimates. Please let me know if you have any questions. WRH:abh Respectfully Submitted, W. Robert Herbert City Manager Honorable Mayor and Members of City Council November 2, 1998 Page 2 CC; Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations Glenn D. Radcliffe, Director, Human Development George C. Snead, Director, Public Safety Mary F. Parker, City Clerk Diane S. Akers, Budget Administrator Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, James O. Trout, 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 City Representative to the First Virginia Regional Industrial Facility Authority for a term ending September 24, 2002, according to the best of my ability. So help me God. Subscribed and sworn to before me this 2_.( day of (~c-~dJ/~o~'"1998. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Phillip F. Sparks, 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 City Representative to the First Virginia Regional Industrial Facility Authority for a term ending September 24, 2002, according to the best of my ability. So help me God. Subscribed and sworn to before me this'7-( day of ARTHUR B. CRUSH, III, CLERK , B!tBI~ 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 November 5, 1998 File #15-110-305 John M. Chambliss, Jr., Chair Roanoke Valley Juvenile Detention Center Commission P. O. Box 29800 Roanoke, Virginia 24018 Dear Mr. Chambliss: This is to advise you that on October 28, 1998, Jesse A. Hall qualified as a member of the Roanoke Valley Juvenile Detention Center Commission for a term ending June 30, 2002. Sincerely, P~i,..~,c,,. Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Melinda W. Rector, Secretary, Roanoke Valley Juvenile Commission, P. O. Box 29800, Roanoke, Virginia 24018 Sandra H. Eakin, Deputy City Clerk Detention Center H:~,GF. NDAg~NOV2.WI~ Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Jesse A. Hall, 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 an Ex-Officio member of the Roanoke Valley Juvenile Detention Center Commission for a term ending June 30, 2002, according to the best of my ability. So help me God. Subscribed and sworn to before me this 2---c~ day of ~°c-~J,o~1998. ARTHUR B. CRUSH, III, CLERK N:XCKLO1 ~AGENDA98~JULY6.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 November 5, 1998 File #526 SANDRA H. EAKIN Deputy City Clerk James E. Cornwell, Jr., Esq. Sands, Anderson, Marks & Miller P. O. Box 1052 Radford, Virginia 24141-0052 Dear Mr. Comwell: Your communication transmitting a Certificate from the Secretary of the Commonwealth, pursuant to Section 15.2-6402 of the Code of Virginia, 1950, as amended, which provides for creation of Virginia's First Regional Industrial Facility Authority, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, November 2, 1998. On motion, duly seconded and unanimously adopted, the certificate was received and filed. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io James S. Gilmore, III Governor COMMONWEALTH VIRC INIA Office of the Governor Anne P. Petera Secretary of the Commonwealth I, Anne P. Petera, Secretary of the Commonwealth of Virginia, and as such, keeper of the Great and Lesser Seals, do hereby certify that the Ordinance adopted by the counties of Bland, Giles, Pulaski, Wythe, Craig, Montgomery and Roanoke, the Cities of Roanoke, Radford and Salem, and the Towns of Christiansburg, Narrows, Pulaski, Dublin and Pearisburg, Virginia pursuant to § 15.2-6402 of the Code Of Virginia, 1950, as amended, creating Virginia's First Regional Industrial Facility .Authority was duly filed in this office on September 24, 1998, and do certify further that upon the basis of the facts set forth therein, the said Ordinance satisfies the requirements of the aforesaid Act. Given under my hand and under the Lesser Seal of the Commonwealth, at Richmond, this seventh day of October, in the year of our Lord one thousand nine hundred and ninety-eight and in the 223rayear of the Commonwealth. Secretary of the Commonwealth P.O. Box 2454 · Richmond, Virginia 23218.2454 ° (804) 786-2441 · TDD (804) 371.8599 · www. soc.state.va.us The Ross Building 801 East Main Street, Suite 1400 Post Office Box 1998 Richmond, Virginia 23218-1998 Tel: (804) 648-1636 Fax: (804) 783-7291/783-2926 LAW OFFICES S aos Axomm MAm(s & MILLER A PROFESSIONAL CORPORATION Reply to Radford Office 1206 Norwood Street Post Office Box 1052 Radford, Virginia 24141-0052 Tel: (540) 639-1601 Fax: (540) 639-6802 October 15, 1998 W. Robert Herbert City Manager City of Roanoke 215 Church Ave, Rm. 364 Roanoke, VA 24011 RE: Virginia's First Regional Industrial Facility Authority Dear Mr. Herbert: Please find enclosed an ~ certificate from the Secretary of the Commonwealth pursuant to § 15.2-6402 of the Code of Virginia, 1950, as amended, which provides for the creation of Virginia's First Regional Industrial Facility Authority. I remind you that pursuant to that statute this certificate must be recorded among your minutes and I would appreciate a letter from you confirming that you received the certificate and the same has been recorded among the minutes of your jurisdiction. I am informed that the first meeting of the Authority will be conducted at 7:00 p.m. on Monday, September 21, 1998 at the office of the Fifth Planning District Commission in Radford. I would request that you inform Dave Rundgren as to the representatives that you jurisdiction have appointed as members of this Authority and provide a copy of the minutes of the meeting that which such appointment was made. I also remind you that each member of the Board of the Authority must, before entering upon the discharge of his duties, take and subscribe to oath of office contained in §49-1 of the Code of Virginia before the clerk of a court of record. I enclose with this letter a copy of that statute for your reference. I would ask that you transmit to Mr. Rundgren a certified copy of the oath that each of your members have taken pursuant to this statute. It has been a pleasure working with you in forming Virginia's First Regional Industrial Facility Authority and I look forward to great things in the future for this Authority. enclosures cc: Dave Rundgren Very truly yours, .-.,~-.-,~:.'_ ~ ~ - ,_c~/~;~c'~-:cl ~ j '" ,' ' James E. Cornwell, Jr., Esq. (By Kimberly A. Clark, Legal Assistant) J:\CLIENVlSV 1 RIFA'~LTRROCTY.WPD November 2, 1998 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT PROJECT Pursuant to Title 15.2 of the State Code, which requires that no real property of the City shall be disposed of until the governing body has held a public hearing, this is to request that City Council schedule a public hearing for November 16, 1998, on the conveyance of all or portions of six parcels of land identified as Roanoke City Tax Map Nos. 1221301, 1221302, 1221403, 1221406, 1222404, and 1222405, which will be acquired in connection with the Roanoke River Interceptor Sewer Replacement project. WRH/KBK/SEF c: City Attorney City Clerk Director of Utilities and Operations Respectfully submitted, W. Robert Herbert City Manager November 2, 1998 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 specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of an economic development contract in negotiation, pursuant to §2.1-344(A)(7), Code of Virginia (1950), as amended. Very truly yours, ~ag~~He~rbe~~~'/~ WRH:mf cc: Wilburn C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Phillip F. Sparks, Chief of Economic Development OFFICERS AND DIRECTORS ROBERT S. CALLAHAN, JR 309 First Street Chairman WILLIAM H. CARDER Patrick Henry Hotel Chairman-Elect MARYELLEN F. GOODLATTE Glenn Feldmann Darby & Goodlatte Treasurer DON J, HARRISON First Union National Bank Secretary PATRICK N. SHAFFNER Sherertz Franklin Crawford Shaffner, Inc. Vice-Chairman WILLIAM F. TRINKLE Francis Realtors Vice-Chairman RAYMOND M. WALTER Waiter's Greenhouse Vice-Chairman JO ANN B. WEISSBART First Union National Bank Vice-Chairman JOHN C. BERRY Trigon Blue Cross Blue Shield MICHAEL J. BRUNETTE Newschannel 10 (WSLS~TV) M. HELEN BUTLER Carillon Health System VICTOR O. CARDWELL Woods Rogers & Hazlegrove CYNTHIA S. CASSELL Twist & Turns WILLIAM F. CLARK City of Roanoke ROBERT H. FETZER Building Specialists, Inc. ROBERT W. GLENN, JR. ~ssues Management Group ELLIS L. GUTSHALL Valley Bank BONZ HART Meridium, Inc. CAROLE J. HUGHES La De Da, Inc, F. GEOFFREY JENNINGS Frank L. Moose Jeweler, [nc. SUSAN W. JENNINGS The Arts Council of the Blue Ridge ROBERT C. LAWSON, JR. Crestar Bank JOHN G. MCLEOD McLeod & Company THOMAS P. O'DELL St, John's Episcopal Church DONALD C. REID Bell Atlantic (ret.) JAMES C. SEARS Center In The Square BARRY L. SNODGRASS American Electric Power R. CURTIS STEELE, JR. Norfolk Southern Corporation ANTHONY C. WADE Norfolk Southern Corporation GARY D. WALTON Hotel Roanoke & Conference Center R. MATTHEW KENNELL President October 2, 1998 Ms. Mary Parker City Clerk 215 Church Avenue, Room 456 Dear Ms. Parker: I would like to request that Mr. Robert S. Callahan, Jr., Chairman of Downtown Roanoke Incorporated, be given approximately 10 minutes to address City Council at their 2 PM meeting on Monday, November 2, 1998. Mr. Callahan will show a video and provide an overview of the accomplishments of our organization for fiscal year 1998. Please confirm with me at your earliest convenience if Mr. Callahan is able to address council on November 2nd. Thank You. Sincerely, Matt Kevme!! President cc: Robert S. Callahan, Jr. DOWNTOWN ROANOKE INCORPORATED 310 FIRST STREET, S.W.. ROANOKE, VIRGINIA 24011 (540) 342-2028 · FAX 344-1452 downtown, roanoke, org · e-maih dri@roanoke.org TO: FROM: DATE: MEMORANDUM '98 Mary Parker, City Clerk Eric Branscom, Assistant Commonwealth's Attorney October 8, 1998 O:?,T -9 , 8:33 RE: November 2nd City Council Meeting Donald S. Caldwell, Commonwealth's Attorney for the City of Roanoke would like to address City Council during its 2:00pm meeting on November 2, 1998 to provide the Council with an update of the activities of the City Action Team. Mr. Caldwell would also like to discuss the activities of the Cost Collection Unit of the Commonwealth's Attorney's Office. The estimated time for the presentation is ten (10) minutes. If you have any questions, please contact either myself or Ms. Beverly Woodrum at 853-2626 SUMMARY OF COST COLLECTION EFFORT FOR FISCAL YEAR 1997 - 1998 Total Delinquent Referred Total Delinquent Collections State % of Total Delinquent Collections Local % of Total Delinquent Collections GENERAL JUVENILE TOTALS DISTRICT CIRCUIT & DOMESTIC FOR ALL 541,863.22 371,431.06 32,348.16 945,642.44 362,986.43 105,025.51 17,474.67 485,486.61 66.99% 28.28% 54.02% 51.34% 300,115.46 89,384.73 15,711.63 405,211.82 82.68% 85.11% 89.91% 83.47% 62,870.97 15,640.78 1,763.04 80,274.79 17.32 % 14.89% 10.09% 16.53% 35% from State 35% from City 35% to Cost Collections from Total Delinquent Collections BUDGET EXPENDITURES EXCESS REVENUE SPLIT 50150 WITH STATE COLLECTION FEE BREAKDOWN 97,920.46 27,692.13 4,473.66 130,086.25 20 513.29 4 845.64 502.00 25 860.93 118,433.75 32,537.77 4,975.66 155,947.18 45 439.92 12 483.89 ~ 72,993.83 20,053.88 3,066.63 36,496.92 10,026.94 1,533.31 69 832.84 LOCAL YEAR-END RESULTS FOR ROANOKE CITY LOCAL DELINQUENT COLLECTIONS 62,870.97 15,640.78 1,763.04 MINUS 35% COLLECTION FEE PLUS SPLIT TOTAL REVENUE TO LOCALITY 20 513.29 4 845.64 42,357.68 10,795.14 36 496.92 10 026.94 78,854.60 20,822.08 502.00 1,261.04 2,794.35 25 860.93 54,413.86 Page 1 FOUR-YEAR COMPARISON OF COST COLLECTION EFFORT Total Delinquent Referred Total Delinquent Collections State % of Total Delinquent Collections Local % of Total Delinquent Collections 799,487.54 217,228.50 27.17% 164,951.91 75.93% 52,276.59 24.07% Fiscal Year 831,279.65 883,282.61 316,338.49 444,289.65 38.05% 50.30% 252,046.97 361,096.29 79.68% 81.27% 64,291.52 83,193.36 20.32% 18.73% 945,642.44 485,486.61 51.34% 405,211.82 83.47% 80,274.79 16.53% 35% from State 35% from City 35% to Cost Collections from Total Delinquent Collections COLLECTION FEE BREAKDOWN 53,256.99 87,577.04 120,769.37 130,086.25 17,149.33 21.999.95 26 865.82 25.860.93 70,406.32 109,576.99 147,635.19 155,947.18 BUDGET EXPENDITURES EXCESS REVENUE SPLIT 50150 WITH STATE 51,291.86 61,444.48_ 60 366.80 59 832.84 19,114.46 48,132.51 87,268.39 96,114.34 9,557.23 24,066.26 43,634.20 48,057.17 LOCAL YEAR-END LOCAL DELINQUENT COLLECTIONS MINUS 35% COLLECTION FEE PLUS SPLIT TOTAL REVENUE TO LOCALITY RESULTS FOR ROANOKE CITY 52,276.59 64,291.52 83,193.36 80,274.79 17 149.33 21 999.95 26 865.82 25,860.9_3 35,127.26 42,291.57 56,327.54 54,413.86 9 557.23 24 066.26 43 634.20 48,057.17 44,684.49 66,357.83 99,961.74 102,471.03 *Fiscal Year 1994-95 includes General District Court Only (Program began 10/94). **Fiscal Year 1995-96 includes Circuit Court beginning 01/01/96. ***Fiscal Year 1996-97 includes Juvenile & Domestic Court beginning 01/01/97. Page 2 FOUR-YEAR COMPARISON OF DELINQUENT COLLECTIONS in ROANOKE CITY GENERAL DISTRICT COURT Total Delinquent Referred Total Delinquent Collections State % of Total Delinquent Collections Local % of Total Delinquent Collections Fiscal Year ~ ~ 1996-97 ~ 799,487.54 684,618.94 571,370.84 541,863.22 217,228.50 284,443.23 348,834.83 362,986.43 27.17% 41.55% 61.05% 66.99% 164,951.91 225,674.44 280,208.52 300,115.46 75.93% 79.34% 80.33% 82.68% 52,276.59 58,768.79 68,626.31 62,870.97 24.07% 20.66% 19.67% 17.32% 35% from State 35% from City 35% to Cost Collections from Total Delinquent Collections COLLECTION FEE BREAKDOWN 53,256.99 78,899.04 95,435.24 97,920.46 17,149.3_3 20 546.42 23.373.19 20 513.29 70,406.32 99,445.46 118,808.43 118,433.75 BUDGET EXPENDITURES EXCESS REVENUE SPLIT 50150 WITH STATE 51,291.86~ 55,760.87 48,579.78 45 439.92 19,114.46 43,684.59 70,228.65 72,993.83 9,557.23 21,842.30 35,114.33 36,496.92 LOCAL YEAR-END LOCAL DELINQUENT COLLECTIONS MINUS 35% COLLECTION FEE PLUS SPLIT TOTAL REVENUE TO LOCALITY RESULTS FOR ROANOKE CITY 52,276.59 58,768.79 68,626.31 62,870.97 17,149.33 20,315.19 23 373.19 20 513.29 35,127.26 38,453.60 45,253.12 42,357.68 ~ 21 842.30 35,114.33_ 36 496.92 44,684.49 60,295.90 80,367.44 78,854.60 Page 3 3000 2500 2000 ~= 1500 I- lOOO 5oo General District Court 4-Year Comparison State and Local Fines & Costs 1993-94 1994-95 1995-96 1996-97 1997-98 · Total Payments · Timely Payments · Delinquent Referred [] Delinquent Collections Total Payments Timely Payments Delinquent Referred Delinquent Collections 1993-94 1,827,898 1,699,921 534,118 127,977 (24%) CCP I CCP II CCPIII 1994-95 1995-95 1996-97 2,290,398 2,714,449 2,61 0,296 2,073,169 2,430,006 2,261,461 799,488 684,619 571,371 217,229 (27%) 284,443 (42%) 348,835 (61%) CCPIV 1997-98 2,606,864 2,243,877 541,863 362,986 (67%) THREE-YEAR COMPARISON OF DELINQUENT COLLECTIONS in ROANOKE CITY CIRCUIT COURT Total Delinquent Referred Total Delinquent Collections State % of Total Delinquent Collections Local % of Total Delinquent Collections FISCAL YEAR FISCAL YEAR 1995-96;* 1996-97 146,660.71 290,492.55 31,895.26 86,960.43 21.75% 29.94% 26,372.53 73,067.14 82.68% 84.02% 5,522.73 13,893.29 17.32% 15.98% FISCAL YEAR 1997-98 371,431.06 105,025.51 28.28% 89,384.73 85.11% 15,640.78 14.89% 35% from State 35% from City 35% to Cost Collections from Total Delinquent Collections COLLECTION FEE BREAKDOWN 8,446.77 23,317.64 27,692.13 1.684.76 _3,318.91 4.845.64 10,131.53 26,636.55 32,537.77 BUDGET EXPENDITURES EXCESS REVENUE SPLIT 50~50 WITH STATE 5,683.61 10.891.46 12,483.89 4,447.92 15,745.09 20,053.88 2,223.96 7,872.55 10,026.94 LOCAL YEAR-END LOCAL DELINQUENT COLLECTIONS MINUS 35% COLLECTION FEE PLUS SPLIT TOTAL REVENUE TO LOCALITY RESULTS FOR ROANOKE CITY 5,522.73 13,893.29 15,640.78 1,684.76 3,318.91 4,845.64 3,837.97 10,574.38 10,795.14 2,223.96 7~872.55 10,026.94 6,061.93 18,446.93 20,822.08 *Fiscal Year 1995-96 begin 01/01/96 (Figures include 6 months). Page 5 700 5OO 4OO ~00 2OO lO0 Circuit Court 3-Year Comparison State and Local Fines & Costs 1995-96 1996-97 1~7-98 · Total Payments · Timely Payments · Delinquent Referred [] Delinquent Collections Total Payments Timely Payments Delinquent Referred Delinquent Collections 1995-96 513,313 481,418 146,661 31,895 (22%) 1996-97 629,621 542,661 290,493 86,960 (30%) 1997-98 719,054 614,028 371,431 105,026 (29%) Mary F. Parker, CMC/AAE c~y C~rk CITY OF ROANOKE Office of the City Clerk November 5, 1998 File ~28-66-166 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 Monday, November 2, 1998, Mr. James A. Croan, 914 Old Country Club Road, N. W., addressed Council with regard to the lack of a public easement to properties perceived to be public right-of-way located on Old Country Club Road, N. W., commencing at Melrose Avenue and extending to Properties of the Roanoke Country Club. The concerns expressed by Mr. Croan were referred to you for investigation and report to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk Mi~P:Io pc: Mr. James A. Croan, 914 Old Country Club Road, N. W., Roanoke, Virginia 24017 William F. Clark, Director, Public Works '98 ~'i';. 2'7 /~I! 077 Octoi~r 26, 1998 Roanoke City Council Atto: Mrs. Mary Parker, City Clerk 215 Church Avenue Roanoke, VA 24012 Dear Mrs. Parker, I am writing to you to request time to address the Roanoke City Council. The matter that I wish to present concerns the lack of a public casement to property preceived to be a public right-of-way. The properties ofconcern is located on Old Country Club Road, commencing at Melrose Ave and extending to the properties of The Roanoke Counto, Club. My time on the council's aee ~o~ IS lmp~lJve. ! hope the information presented will allow for a mutually acceptable resolution. Thanking you ~n advance for your time and courtesy. Respect~y, James A. Croan City Resident 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 November 5, 1998 File ~60-337 Mr. Warner N. Dalhouse 460 Tranquility Road Moneta, Virginia 24121 Gentlemen: William B. Hopkins, Sr., Attorney Martin, Hopkins & Lemon, P. C. P. O. Box 13366 Roanoke, Virginia 24033-3366 Your request with regard to financial assistance from the City of Roanoke for renovations to The Jefferson Center, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, November 2, 1998. On motion, duly seconded, and adopted, action on the matter was tabled until the regular meeting of Council on Monday, November 16, 1998, at 2:00 p.m., in the City Council Chamber. Sincerely, Mary F. Parker, CMCIAAE City Clerk MF.P:Io pc: W. Robert Herbert, City Manager H:~AGENDAg~NOV2.~ OCT ~7 ~98 04:03PM MARTIM~ HOPKINS P.i~i & L Mo , P.C. Mailtag Addr~, P. O. Box ]133C,6 Rosnoke. V'~.Binia 2*0.'*tl-33~ October 27, 1998 Ms. Mary F. Parker City Clerk City of Roanoke 215 Church Avenue, S.W. Room 456 Roanoke, Virginia 24011 Re: Request from Jefferson Cen~er Foundation to Appear Before Roanoke City Council Dear Ms. Parker: Please be advised that several members of the Jefferson Center Foundation would like to appear before Roanoke City Council at the 2:00 p.m. meeting on Monday, November 2, 1998. Appearing on behalf of the Jefferson Center will be Warner Dalhouee, myself and possibly o~hers in our endeavor to obtain financial assistance from the City of Roanoke for renovations to The Jefferson Center. Thank you for your assistance in this matter. In 2he event you have any questions, please feel free to contact me at 982- 1000. Very truly yours, MARTIN, HOPKINS & LEMON, P.C. William B. Hopkins, Sr. WBHer/dh 0CT-27-1998 16: 14 ~.,l]~t. -Il' la'aM fax transmittal memo 7671 I#~, !,. / Poet Office Box 13366 Roanoke, Virginia 24033 (540) 982-1000 - telephone (540) 982-2015 - fac~mile October 27, 1998 The Honorable James O. Trout Roanoke City Council Member 2102 Stephenson Avenue, S.W. Roanoke, Virginia 24014 Re: Jefferson Center Foundation Dear Jim: Here is a summary of our situation at Jefferson: 1) The odginal estimate was $5 million, but that was four years ago. 2) We originally approached the City of Roanoke for $3 million, promising to raise $2 million in private funds. 3) The capital projects process put us into the bond issue for $2 million instead of $3 million. We reluctantly agreed to raise $3 million. 4)' We have now raised $3.7 million, for a total of $5.7 million, plus an additional $500,000 which can be used to secure the bonds to be issued. 5) The new architects, Hayes, Seay, Mattem & Mattem, made a preliminary estimate of $7.3 million. 6) We cut out enough "nonessentials" to reduce that to $6.2 million. ,7) After specifically costing out the project and eliminating many options, the total cost is now $7 million. 8) When we thought the cost was $6.2 million, we were still capable of making up the difference from private donors. At $7 million, that is no longer possible. 9) We need the City of Roanoke to help by committing $200,000 per year for 5 years to get another $1 million into the project. We will make up the difference. ~ ~. · Page 2 October 27, 1998 10) 11) 12) That will make a split of $4 million in pdvate money and $3 million in public money, a reasonable split and still a real bargain for the City. We cannot begin construction until we can identify the funding, and there is $5.7 million of the $7 million already committed. It would be a tragedy to abandon the project at this point, especially with so many donors committed and the voters having approved the bond issue, but it is cleady not possible to proceed without more help from the City. Heidi Krisch Warner Dalhouse William B. Hopkins, Sr. November 2, 1998 Remarks of Mr. Herbert Regarding Jefferson Center Funding Request Mr. Herbert: Mayor and Council, this is a difficult conversation in two ways. First of all, these are great people who have worked very hard on behalf of this community to work in a partnership with this local government to renovate a very important building in the community and let me just review with you first of all when we're talking numbers this is always very difficult up here on the Council floor to get into these kinds of conversations, but let me remind you, numbers have been thrown out here today that I think we need to clear up. First of all, in the first go round, the City contributed $3.5 million to the first portion of the renovation. Mayor Bowers: Is that for Jefferson Center? Mr. Herbert: Yes sir. Mayor Bowers: For the whole thing. Mr. Herbert: And then, out of sequence, there was a recognition that Fitzpatrick Hall would like to be done, and Council made a Capital Fund appropriation of $600,000.00 for the Fitzpatrick Hall, and in this particular referendum, I recommended and Council approved $2 million, it is made up of 1.6 in bonds and .4 in interest. Additionally, we put $1 million into the elimination of slums and blight and to create parking immediately east of that particular project site, and if you come up to the intersection of Fifth Street, those homes that have been so dilapidated are starting to come down, and we always knew that we needed to create some additional parking in order to make the Jefferson Center be all that it could be. So, in the numbers that I add up, we are talking about directly into the facility 6.1 and outside and immediately adjacent another million dollars. I know that having talked with the Senator that these folks would not be here if they didn't feel like there were few if any other places to go. My advice to them, when they came to meet with me was to do just as Mr. White suggested, and that is that it be moved over to Budget Study, a Budget Study for the Council, Ms. Wyatt is an April/May situation but Budget Study really begins with Council in the Financial Planning sessions back in February, and that's when we would be first laying out revenues, expenses, any unknown or unanticipated demands against the City, and right now the reason I went back and spoke to Mrs. Akers is that right now, the Office of Management and Budget is going through our current $235 million Capital Improvement Program, and going from project manager to project manager asking where they are in the program, what's the status of their bids, do they feel confident that the number will still hold, if the answer to that is no, how are they going to address it, either reduce the scope of the project or perhaps get more state or federal participation in their project. And quite honestly, we won't be through with that exercise until probably mid January, hoping that we bring that document with us because it's only right that you talk both about an operating year and a Capital Improvement Program, so those two pieces will need to come in together. So, I would urge you to think conservatively here at this point in the year. I understand the need to move as quickly as possible, but given the fiscal situation that all local governments are operating in, it seems to me that the only ones that have big surpluses is the state government in this day and time. But we've got a number of requests that have come in, we have dealt with one significant one out of cycle, but we've got others that are on the table, and the danger here is looking at any one particular project and saying "yes, we can do that", but not looking at the other 20 or 30 or 40 items that are there. Again, Council has been very conscientious in taking these projects, putting them all up on the table and then ranking them in some priority order so that you see all the projects at one time. Therefore, Mr. Swain to answer your question, I would take whatever direction this Council gave me, but as your City Manager I would urge you to listen to this and other requests for information, let us be prepared in February when we come into the Financial Planning Session to begin to lay the scale of what is out there and what it is that we're facing, and I mean I haven't brought up the issue that Council is very interested in, and that's the Pay Plan issue, in terms of pay as a high priority for City employees. There's a half dozen things that are already on our agenda because you have given them to us to look at for the upcoming budget. And then let me just finish full circle by saying it's difficult for me to say that, but I think I do need to say that because this Council is responsible for the whole picture, and today you are hearing a very persuasive argument about one piece of that, that is really probably 85 per cent of the way there, and they are looking for a way to close the deal. If I wasn't responsive, I'd be happy to answer any questions you have. Mr. Swain: Based on what you said here, about the best that we could expect is some time in February that we could address ourselves to a resolution, is that correct Mr. Herbert? Mr. Herbert: Mr. Swain, I think that would be the earliest, now of course if City Council wants to direct the City Attorney to prepare such a resolution as has been requested, then we would have to scramble to identify, they are asking for it after July 1, which is into a new fiscal year, we would be doing next years budgeting right now, if indeed that was the case. Mr. Swain: O.K. Thank you very much .... CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE c~ c~ November 5, 1998 8andra H. Eakin Deputy City Clerk File #178-236 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 34064-110298 authorizing the City Manager to amend the Annual Update of the Entitlement Consolidated Plan for FY 1998-99 and to execute documents in connection with said amendment; and authorizing execution of Amendment No. 3 to the Agreement with the Roanoke Neighborhood Development Corporation. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 2, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: Claudia A. Whitworth, Chair, Roanoke Neighborhood Development Corporation, P. O. Box 6021, Roanoke, Virginia 24017 Diane S. Akers, Budget Administrator, Office of Management and Budget William F. Clark, Director, Public Works Evelyn $. Lander, Acting Chief, Planning and Community Development Phillip F. Sparks, Chief, Economic Development Charles A. Harlow, Grants Monitor, Office of Grants Compliance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34064-110298. A RESOLUTION authorizing the City Manager to amend the Annual Update of the Entitlement Consolidated Plan for FY 1998-99, and to execute documents in connection with said amendment; and authorizing execution of Amendment No. 3 to the Agreement with the Roanoke Neighborhood Development Corporation. WHEREAS, each year, the City receives. Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) entitlement funds fi.om HUD to implement a variety of community development programs; WHEREAS, these programs are outlined each year as an Annual Update to the Five Year Consolidated Plan; WHEREAS, City Council approved the FY 1997-98 Annual Update on October 6, 1997, by Resolution No. 33604-100697; WHEREAS, a Redevelopment Plan for the Gainsboro Community Development Program Area ("Redevelopment Plan") was approved by the City Council on January 10, 1972; WHEREAS, the existing Community Development Block Grant agreement with Roanoke Neighborhood Development Corporation ("RNDC") provides funding through October 31, 1998 for the RNDC to receive technical assistance from the F.A. Johnson Consulting Group to increase its capacity to carry out eligible neighborhood revitalization activities and to conduct program evaluation and implementation analysis for future community development activities; and WHEREAS, to add additional CDBG funds in order for RNDC to receive technical assistance from F. A. Johnson Consulting Group for RNDC's future community development activities, the City must amend its Agreement with the RNDC and amend its Annual Update with' HUD. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or his designee is hereby authorized, for and on behalf of the City, to amend the Annual Update of the Entitlement Consolidated Plan for FY 1998-99, after the required citizen review, provided there are no compelling objections to the Amendment, and to execute the appropriate documents in connection with HUD for said amendment, said documents to be approved as to form by the City Attorney, all in accordance with the City Manager's report dated November 2, 1998, to this Council. 2. The City Manager or his designee is hereby authorized, for and on behalf of the City, to execute Amendment No. 3 to the Agreement with the Roanoke Neighborhood Development Corporation ("RNDC") to allow the agency to proceed with the additional work as identified in the City Manager's report dated November 2, 1998, to this Council, said Amendment to be in form approved by the City Attorney. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE c~ c~erk November 5, 1998 Sandra H. Eakin r~puty city c~erk File ~0-178-236 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34063-110298 amending and reordaining certain sections of the 1998-99 Grant Fund Appropriations, providing for transfer of $146,400.00, in connection with the Community Development Block Grant Agreement with the Roanoke Neighborhood Development Corporation. The abovereferenced measure was adopted by tile Council of the City of Roanoke at a regular meeting which was held on Monday, November 2, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager Diane S. Akers, Budget Administrator, Office of Management and Budget William F. Clark, Director, Public Works Evelyn S. Lander, Acting Chief, Planning and Community Development Phillip F. Sparks, Chief, Economic Devleopment Charles A. Harlow, Grants Monitor, Office of Grants Compliance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of November, 1998. No. 34063-110298. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Ar~r~ropriation.~ CDBG - Other Projects Neighborhood CDBG Projects - FY95 (1) Neighborhood CDBG Projects - FY96 (2) ......................... Neighborhood CDBG Projects FY97 (3) ......................... Neighborhood CDBG Projects FY99 (4) ......................... Unprogrammed CDBG Unprogrammed CDBG FY95 (5) Unprogrammed CDBG FY96 (6) ................................ Unprogrammed CDBG FY97 (7) ................................ Unprogrammed CDBG FY99 (8) ................................ 1) Henry Street Improvements 2) Henry 'Street Improvements 3) Henry Street Improvements 4) Henry Street Improvements 5) Other Unprogrammed CDBG 6) Other Unprogrammed CDBG 7) Other Unprogrammed CDBG 8) Contingency (035-094-9437-5151 ) (035-095-9537-5151 ) (035-097-9737-5151) (035-099-9937-5151) (035-094-9440-5189) (035-095-9540-5189) (035-097-9740-5189) (035-099-9940-5300) 37,629 34,001 13,268 61,502 (37,629) (34,001) (13,268) (61,502) $ 2,858,973 259,006 329,943 97,615 338,666 $ 285,105 45,446 -0- 42,259 4,628 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia November 2, 1998 98-33 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Authorization to Amend 1998-99 Consolidated Plan Annual Update and to Execute Amendment No. 3. to the CDBG Agreement with the Roanoke Neighborhood Development Corporation (RNDC) I. Background: Each year the City submits a Consolidated Plan Annual Update (Annual Update) to the U.S. Department of Housing and Urban Development (HUD) in order to receive Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) entitlements. The Annual Update describes the individual programs and projects to be conducted with the funds awarded to the City. Bo Substantial amendments to the Annual update require a 30-day public comment period before the change can be implemented. City Council authorized the Ci_ty Manager to amend the Annual Update to the HUD Consolidated Plan for FY 1997-98, by Resolution No. 33604-100697, adopted October 6, 1997, designating the RNDC as the recipient of CDBG funds and funds formerly held by the Mayor's Henry Street Revival Committee for infrastructure improvements for Henry Street and the execution of an Agreement with the RNDC. Do Amendment No. 1 to the Agreement provided an additional $5,000 in CDBG funds to cover costs for additional technical assistance and extended the time of performance from November, 1997 through October 31, 1999. Eo Amendment No. 2 to the Agreement provided $20,000 additional CDBG funding to the RNDC. The funds had been authorized as part of the 1998-99 Annual Update to the Consolidated Plan approved for submission to HUD on May 11, 1998, by Resolution No. 33830-051198 for the purpose of an in-depth parking study to determine parking requirements for existing facilities in the area surrounding Henry Street. Fo The existing CDBG agreement with the RNDC provides funding through October 31, 1998 for the RNDC to receive technical assistance from the F.A. Johnson Consulting Group to increase its capacity to carry out eligible neighborhood II. Bo revitalization activities and to conduct program evaluation and implementation analysis for future community development activities. Current Situation: A. To date, the RNDC has accomplished the following: Hosted training sessions and capacity building activities; Reviewed and evaluated numerous existing plans and studies; Analyzed and adopted a preliminary Action Plan and Catalyst Work Program for Henry Street, including an architectural sketch book; and Presented proposed catalyst projects at a community meeting, which over 150 people attended. Revitalization efforts in Gainsboro and Henry Street have been extensive over the past years because of the City's and community's desire to rebuild the residential neighborhood and positively influence future development. These efforts are significant because cultural heritage of Gainsboro and Henry Street and because of the proximity of the neighborhood to Hotel Roanoke, the downtown area, as well as major projects such as the Higher Education Center. An amendment to the existing agreement is needed to add an additional $146,400 in CDBG funds. These additional funds are necessary in order for the RNDC to continue to receive technical assistance from the F.A. Johnson Consulting Group and to continue forward with its progress and momentum regarding neighborhood revitalization activities through hxne--SO/1999. Activities will include, but are not limited to: Oct. ~l 1. Securing conditional financial commitment and/or initiating construction; 2. Continuing assessment of housing conditions to include market rate housing; 3. Continue RNDC Board training and capacity building relating to development and program implementation; and 4. Continue public involvement and neighborhood meetings regarding RNDC activities. The public comment period related to this Amendment began October 12, 199g and ends November 12, 1998. Execution of the amendment with RNDC pursuant to the amendment of the Annual Update cannot be implemented until the public comment period has concluded. Authorization is needed from City Council to amend the Annual Update and execute the necessary amendment with the RNDC. Members of Council Page 3 III. Issues: IV. Ao Cost to the Ci_ty Timing Compliance with applicable regulations Alternatives: m. Authorize the Ci_ty Manager to amend the Consolidated Plan Annual Update to reflect the additional funds to be included in the project, including submission of appropriate documents to HUD following the public review and comments period, provided no compelling adverse public comments are received; Authorize the Ci_ty Manger or the Assistant City Manager, to execute, and the City Clerk to attest, Amendment No. 3 to the 1997-98 CDBG Subgrantee Agreement with the RNDC, said amendment to be approved as to form by the City Attorney; and Authorize the transfer of $146,400 in unprogrammed funds as follows: $37,629 from CDBG Unprogrammed Funds account 035-094-9440-5189 to Henry Street Improvements account 035-094-9437-5151 $34,001 from CDBG Unprogrammed Funds account 035-095-9540-5189 to Henry Street Improvements account 035-095-9537-5151 $13,268 from CDBG Unprogrammed Funds account 035-097-9740-5189 to Henry Street Improvements account 035-097-9737-5151 $61,502 from CDBG Contingency Funds account 035-099-9940-5300 to Henry Street Improvements account 035-099-9937-5151 ao Cost to the City will be $146,400 in CDBG funding, which is available in the accounts listed above. bo Timing is important. The existing agreement provides funding only through October 31, 1998. This amendment will provide additional funding necessary for the RNDC to complete contractual obligations through October 31, 1999. In addition, the RNDC has Members of Council Page 4 been advised that, should the RNDC need additional funds for future activities, a CDBG proposal be submitted within the regular CDBG funding cycle (January/February, 1999). Co Compliance with applicable regulations will be met. Amendment No. 3 will be reviewed for federal regulatory compliance by the Office of Grants Compliance and approved as to form by the City Attorney. Bo Do not authorize the Ci_ty Manager or the Assistant City Manager to amend the Consolidated Plan Annual Update, the execution of Amendment No. 3 to the 1997-98 CDBG Subgrantee Agreement with the RNDC or the transfer of funds. Cost to the Ci_ty will be loss of continued positive community-building for the project area. 2. Timing would not be an issue. 3. Compliance with applicable regulations would not be an issue. V. Recommendation: It is recommended that Ci_ty Council concur with Alternative A to do the following Authorize the Ci_ty Manager to amend the Consolidated Plan Annual Update to reflect the additional funds to be included in the project, including submission of appropriate documents to HUD following the public review and comments period, provided no compelling adverse public comments are received; Authorize the City Manger or the Assistant Ci_ty Manager, to execute, and the City Clerk to attest, Amendment No. 3 to the 1997-98 CDBG Subgrantee Agreement with the RNDC, said amendment to be approved as to form by the City Attorney; and o Authorize the transfer of $146,400 in unprogrammed funds as follows: $37,629 from CDBG Unprogrammed Funds account 035-094-9440-5189 to Henry Street Improvements account 035-094-9437-5151 $34,001 from CDBG Unprogrammed Funds account 035-095-9540-5189 to Henry Street Improvements account 035-095-9537-5151 Members of Council Page 5 $13,268 from CDBG Unprogrammed Funds account 035-097-9740-5189 to Henry Street Improvements account 035-097-9737-5151 $61,502 from CDBG Contingency Funds account 035-099-9940-5300 to Henry Street Improvements account 035-099-9937-5151 Respectful!y submitted, · Robert Herbert City Manager WRH:vst CC: Assistant City Manager City Attorney Director of Finance Budget Administrator Director of Public Works Acting Chief of Planning and Community Development Chief of Economic Development Office of Grants Compliance Ms. Claudia Whitworth, Chair, Roanoke Neighborhood Development Corporation CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE c~ c~rk November 5, 1998 · andra H. Eakin Deputy city Cbrk File #178-236 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 34066-110298 authorizing the City Manager to amend the Annual Update of the Entitlement Consolidated Plan for FY 1998-99, and to execute documents in connection with said amendment; and authorizing execution of a Subgrant Agreement with the Blue Ridge Housing Development Corporation. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 2, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc:. Alvin Nash, Executive Director, Blue Ridge Housing Development Corporation, Inc., P. O. Box 20708, Roanoke, Virginia 24018 Amy C. Moore, Executive Director, Habitat for Humanity in the Roanoke Valley, Inc., 1701 Cleveland Avenue, S. W., Roanoke, Virginia 24016 William F. Clark, Director, Public Works Glenn D. Radcliffe, Director, Human Development Diane S. Akers, Budget Administrator, Office of Management and Budget H. Daniel Pollack, Jr., Coordinator, Housing Development Charles A. Harlow, Grants Monitor, Office of Grants Compliance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34066-110298. A RESOLUTION authorizing the City Manager to amend the Annual Update of the Entitlement Consolidated Plan for FY 1998-99, and to execute documents in connection with said amendment; and authorizing execution of a Subgrant Agreement with the Blue Ridge Housing Development Corporation (BRHDC). WHEREAS, each year, the City receives Community Development Block Grant (CDBG) and Home Investment Parmership Program (HOME) entitlement funds from HUD to implement a variety of community development programs; WHEREAS, these programs are outlined each year as an Annual Update to the Five Year Consolidated Plan; WHEREAS, City Council approved the FY 1998-99 Annual Update on May 11, 1998, by Resolution No. 33830-0511298; and WHEREAS, the request of Blue Ridge Housing Development Corporation (BRHDC), for approval of additional funding for the Loudon-Melrose Community Rebuilding Initiative project, as a result of the recent partnering with Habitat for Humanity in the Roanoke Valley, Inc., was referred to this Council by report of the City Manager dated November 2, 1998. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or his designee is hereby authorized, for and on behalf of the City, to amend the Annual Update of the Entitlement Consolidated Plan for FY 1998-99, after the required citizen review, provided there are no compelling objections to the Amendment, and to execute the appropriate documents in connection with HUD for said amendment, said documents to be approved as to form by the City Attorney, all in accordance with the City Manager's report dated November 2, 1998. 2. The City Manager or his designee, and the City Clerk, are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an Agreement with the Blue Ridge Housing Development Corporation (BRHDC), for funding of the Loudon-Melrose Community Rebuilding Initiative project, upon certain terms and conditions as set out in the City Manager's report dated November 2, 1998, said agreement to be in form approved by the City Attorney. ATTEST: City Clerk. H:kRES~RG-HDUP6 MaW F. Parker, CMC/AAE cay C~rk CITY OF ROANOKE Office of the City Clerk November 5, 1998 File f~60-178-236 8andra H. F. akin ~pmy c~ Ck, rk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34065-110298 amending and reordaining certain sections of the 1998-99 Grant Fund Appropriations, providing for the transfer of $60,000.00 in connection with a Community Development Block Grant/HOME Agreement with Blue Ridge Housing Development Corporation. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 2, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attpchment pc: W. Robert Herbert, City Manger William F. Clark, Director, Public Works Glenn D. Radcliffe, Director, Human Development Diane S. Akers, Budget Administrator, Office of Management and Budget H. Daniel Pollack, Jr., Coordinator, Housing Development Charles A. Harlow, Grants Monitor, Office of Grants Compliance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of November, 1998. No. 34065-110298. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AooropHations CDBG - Housing Housing - FY95 (1) .......................................... Housing - FY98 (2) .......................................... $ 3,428,128 503,968 490,194 Unprogrammed CDBG Unprogrammed CDBG - FY95 (3) .............................. Unprogrammed CDBG - FY98 (4) .............................. $ 371,505 81,124 134,723 1) Loudon/Melrose Rebuilding 2) Loudon/Melrose Rebuilding 3) Other Unprogrammed CDBG 4) Contingency (035-094-9420-5071) $ 1,951 (035-098-9820-5071) 58,049 (035-094-9440-5189) (1,951) (035-098-9820-5300) (58,049) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Roanoke, Virginia November 2, 1998 98-36 Dear Members of Council: Subject: Authorization to Amend 1998-99 Consolidated Plan Annual Update and to Execute a 1998-99 CDBG/HOME Agreement with the Blue Ridge Housing Development Corporation (BRHDC) Background: mo Each year, the City submits a Consolidated Plan Annual Update (Annual Update) to the U.S. Department of Housing and Urban Development (HUD) in order to receive Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) entitlements. The Annual Update describes the individual programs and projects to be conducted with the funds awarded to the City. CDBG funds are used for a wide range of community projects, such as housing, human services and neighborhood and economic development. ° HOME funds are used to increase the amount of affordable housing available to eligible families. B. Substantial amendments to the Annual Update require a 30-day public comment period before the change can be implemented. C. Of each year's HOME grant, 15 % must be reserved for projects conducted by certified Community Housing Development Organizations (CHDOs). D. BRHDC is certified as a CHDO by the Commonwealth of Virginia, according to HUD guidelines, and began conducting CHDO projects in the City in 1996. Eo For nearly a decade BRHDC has received HUD and other funding to conduct housing and community development projects in the City. II. Current Situation: mo As part of the City's 1998/99 budgeting process, BRHDC requested funds to newly- construct, rehabilitate or make critical repairs to housing as part of its "Loudon- Melrose Community Rebuilding Initiative" and "Single-Room-Occupancy Facility Repair" (SRO Repair) projects. Members of Council Page 2 Do mo Co City Council authorized $115,000 in CDBG and HOME funds for BRHDC as part of the Annual Update approved for submission to HUD on May 11, 1998, by Resolution No. 33830-051198. Funds approved include: $50,000 in CDBG and $50,000 in HOME/CHDO project funds for the costs to rehabilitate three (3) houses and newly-construct two (2) houses. o $15,000 in CDBG project funds to make critical repairs to three (3) of BRHDC's SRO facilities. A substantial amendment is needed to the Annual Update as a result of the recent partnering of BRHDC and Habitat for Humanity in the Roanoke Valley, Inc. (Habita0 to increase the number of houses to be constructed or rehabilitated under the Loudon- Melrose Community Rebuilding Initiative and in other quadrants of the City. BRHDC will acquire and transfer to Habitat thirty-two (32) additional properties, including fourteen (14) in the Loudon-Melrose neighborhood. Eight (8) Loudon- Melrose properties will be purchased during FY 1998-99 and six (6) in FY 1999- 2000. Six (6) of the properties will be purchased in other quadrants during each of the three (3) subsequent fiscal years. Habitat will construct new, affordable housing on these properties. o The additional FY 1998-99 property acquisitions will require $60,000 in CDBG funds not previously budgeted for the Loudon-Melrose activities in the Annual Update approved by City Council. This constitutes a substantial amendment to the Annual Update and triggers the public review process. Approval of funding to acquire the other twenty-four (24) properties will be requested incrementally during the four (4) subsequent budgeting cycles. o An agreement between BRHDC and Habitat will set forth terms and conditions of the property transfers, subject to the City's acceptance to ensure that all CDBG requirements applicable to BRHDC have been made applicable to Habitat. The BRHDC-Habitat agreement will be made an attachment to the agreement between the City and BRHDC. The public comment period began October 12, 1998, and ends November 10, 1998. Execution of the agreement with BRHDC pursuant to the amendment of the Annual Update cannot be implemented until the public comment period has concluded. Authorization is needed from City Council to amend the Annual Update and execute the necessary agreement with BRHDC. Members of Council Page 3 III. Fo HOME funds must be matched at a rate of 12.5 %. The match requirement for this BRHDC project will be $6,250. Match may be provided through cash as well as in- kind contributions from non-federal sources. No outlays of City funds will be needed to meet the match requirement. Issues: A. Cost to the City. B. Neighborhood revitalization. C. Consistency with the Annual Update,. D. Consistency with Consolidated Plan goals. IV. Alternatives: mo 1. Authorize the City Manager to amend the 1998-99 Annual Update to reflect the partnering of BRHDC and Habitat and increased funding for the Loudon-Melrose Community Rebuilding Initiative project, including submission of appropriate documents to HUD following the public review and comment period, provided no compelling adverse public comments are received; Authorize the City Manager or the Assistant City Manager to execute, and the City Clerk to attest, a CDBG- and HOME-funded Subgrant Agreement with the BRHDC (similar in form and content to Attachment A), and amendments thereto, approved as to form by the City Attorney; and Authorize the transfer of $60,000 in unprogrammed CDBG funds as follows: $1,951 from CDBG Unprogrammed Funds account 035-094-9440-5189 to BRHDC Loudon-Melrose account 035-094-9420-5071 $58,049 from CDBG Contingency Funds account 035-098-9840-5300 to BRHDC Loudon-Melrose account 035-098-9820-5071 ao Cost to the City will be the previously approved $115,000 in CDBG and HOME funds plus an additional $60,000 in CDBG funds, the additional funds being available in the accounts listed above. However, this expansion of the project by eight (8) new houses will add approximately $440,000 to the tax base and produce more than $5,000 in real estate taxes each year. Members of Council Page 4 bo Neighborhood revitalization will be positively affected. Upon completion of the project, the Loudon-Melrose neighborhood will have benefited by 16 newly-constructed units made available for homeownership and 3 owner- occupied homes rehabilitated. Other quadrants will have benefited from eighteen (18) newly-constructed units. This will enhance the appearance, property values and stability of the neighborhoods, while increasing the City's stock of decent, affordable housing. Co Consistency with the Annual Update will be achieved. The projects covered by this Agreement are included in the currently approved Annual Update and designate BRHDC to undertake the activities. do Consistency with Consolidated Plan goals will be maintained. Outcomes resulting from the activities undertaken through this Agreement include new homeownership and the rehabilitation of existing housing, which are stated priorities and objectives of the plan. Bo Do not authorize or approve an amendment to the Annual Update, the execution of a CDBG/HOME Subgrant Agreement with BRHDC or the transfer of funds. Cost to the City, other than the potential loss of real estate tax revenues from the additional homeownership, would not be an issue. Designated funding would be made available to other projects. Neighborhood revitalization would be held back and the stabilizing influence of additional homeownership and rehabilitated housing would not be obtained. o Consistency with the Annual Update would not be maintained. As noted above, the projects covered by this Agreement are included in the currently approved Annual Update and designate BRHDC to undertake the activities. 4. Consistency with Consolidated Plan goals would not be an issue. V. Recommendation: It is recommended that City Council concur with Alternative A, which would: Authorize the City Manager to amend the 1998-99 Annual Update to reflect the partnering of BRHDC and Habitat and increased funding for the Loudon-Melrose Community Rebuilding Initiative project, including submission of appropriate documents to HUD following the public review and comment period, provided no compelling adverse public comments are received; Members of Council Page 5 o Authorize the City Manager or the Assistant City Manager to execute, and the City Clerk to attest, a CDBG- and HOME-funded Subgrant Agreement with the BRHDC (similar in form and content to Attachment A), and amendments thereto, approved as to form by the City Attorney; and Authorize the transfer of $60,000 in unprogrammed CDBG funds as follows: $1,951 from CDBG Unprogrammed Funds account 035-094-9440-5189 to BRHDC Loudon-Meirose account 035-094-9420-5071 $58,049 from CDBG Contingency Funds account 035-098-9840-5300 to BRHDC Loudon-Melrose account 035-098-9820-5071 Respectfully submitted, W bert Herbert City Manager WRH:FEB Attachment Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Development Budget Administrator Housing Development Coordinator Office of Grants Compliance Executive Director, Blue Ridge Housing Development Corp., Inc. Executive Director, Habitat for Humanity in the Roanoke Valley, Inc. Attachment A AGREEMENT This Agreement is made and entered into this parties: day of~ , 1998, by and between the following The Grantee The Subgrantee City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 Blue Ridge Housing Development Corporation, Inc. P.O. Box 20708 Roanoke, Virginia 24018 WITNESSETH: WHEREAS, by Resolution No.33875-061598, Roanoke City Council approved the 1998/99 Community Development Block Grant (CDBG) program and, by Ordinance No.33874-061598, appropriated funds therefor; and WHEREAS, by Resolution No. 33877-061598, Roanoke City Council approved the 1998/99 HOME Investment Partnerships (HOME) program and, by Ordinance No. 33876-061598, appropriated funds therefor; and WHEREAS, by Resolution No. -110298, Roanoke City Council approved the execution of a subgrant agreement between the Grantee and the Subgrantee; and WHEREAS, the Subgrantee has been certified the as a Community Housing Development Organization (CHDO); NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES: Funds under this Agreement shall be used by the Subgrantee for the housing and community development activities described below. Further, in order to assist the Grantee to comply with regulations requiring that at least 15 % of its HOME funds be reserved for CHDO projects, all HOME funds provided under this Agreement, excluding any funds which may be designated for CHDO operating expenses, shall be used solely for allowable CHDO project activities. Page 1 of 14 a. "Loudon-Melrose Community Rebuilding Initiative" Project General -- The Subgrantee shall conduct a housing rehabilitation and construction project in the area of the City of Roanoke known as the "Loudon-Melrose" neighborhood. It is understood by the parties hereto that the Subgrantee shall be responsible for all activities necessary to achieve the rehabilitation or construction of the properties and their sale to eligible families, as defined by the U.S. Department of Housing and Urban Development (HUD) and described in section 1.a.(3) below. (2) Selection of Properties To Be Assisted -- It is anticipated that the Subgrantee will rehabilitate three (3) owner-occupied homes and construct two (2) homes (either new or by purchase and rehab). (Pursuant to section 1 .b. below, the Subgrantee will acquire approximately fourteen (14) additional properties in the Loudon-Melrose neighborhood, which shall be sites for the construction of single-family homes by Habitat for Humanity in the Roanoke Valley, Inc. (Habitat). In selecting the properties for home construction, the Subgrantee shall seek and consider recommendations from the Loudon-Melrose Neighborhood Organization (LMNO). Should the Subgrantee choose properties other than those recommended by LMNO, the rationale for the selection(s) shall be committed to writing and shared with LMNO. With respect to determining owner-occupied properties to receive rehabilitation assistance, the Subgrantee and LMNO shall use an application process (or comparable method) to select properties evidencing the greatest need, taking into account such factors as family income of the homeowners, extent of repairs needed or similar considerations. (3) Eligible Families -- For the purposes of this Agreement, this term shall mean a family that will use or is using the property to be purchased or rehabilitated as its principal residence and whose income, adjusted for family size, does not exceed 80 % of the area median income established by HUD and in effect at the time of sale or rehabilitation. The Subgrantee shall prepare, and retain with records of the project, documentation of its determination of each homebuyer family's income. Such documentation shall include the names, ages, and the sources and amounts of income anticipated for the succeeding twelve months for each individual related by birth, marriage or adoption living in the same household at the time of the determination. In the event the sale or rehabilitation of the property does not occur within six months of the income determination, a new income determination shall be made to ensure the family meets the income criteria in effect at the time of sale or rehabilitation. (4) Allowable Expenditures -- Except as indicated below, funds under this Agreement may be expended for any necessary, reasonable and allowable CDBG or HOME costs, including, but not necessarily limited to, land and structures, construction labor and materials, title and recording, counsel's fees, property appraisal, surveying, taxes, or extermination/inspection. Pursuant to 24 CFR 570.204(c)(2)(iii) and 570.207(b)(3)(iii), the Subgrantee may use CDBG funds for the "bricks and mortar" costs of new construction, clearance, site assemblage, site improvements, and such public improvements as curbs, gutters and sidewalks. Purchase prices of property acquisitions shall not exceed the value determined through appraisal, city assessment or other appropriate method without the prior written approval of the Grantee's Office of Grants Compliance. Funds shall not be expended for liens, fines or penalties associated with any property acquired or to be acquired. Page 2 of 14 (5) Forms of Assistance -- With respect to rehabilitation of owner-occupied properties, the assistance to the homeowners may be provided in the form of grants, low- or no-interest loans or other types of financing arrangements. Prior to soliciting applications for housing assistance, the Subgrantee shall consult with the Grantee to determine the form(s) of assistance that will be used; this shall include the entity which will service any active loans to be made. (6) Project Management and Performance Goals -- Notwithstanding the partnering between the Subgrantee and Habitat, the Subgrantee shall be responsible for the effective and efficient management of the Loudon-Melrose Community Rebuilding Initiative, including those portions to be undertaken by Habitat. Attainment of project performance expectations, namely, the construction of thirty-four (34) new, affordable single-family residences and rehabilitation of three (3) owner-occupied residences, shall likewise be the responsibility of the Subgrantee. b. Acquisition of Properties for Transfer to Habitat (1) Purpose and Selection -- In order to accelerate the revitalization of the Loudon-Melrose and other neighborhoods, the Subgrantee will partner with Habitat. Using funds provided under this Agreement, the Subgrantee shall acquire thirty-two (32) additional, vacant properties. Fourteen (14) properties will be acquired in the Loudon-Melrose neighborhood, eight (8) during FY 1998-99 and six (6) during FY 1999-2000. Thereafter, six (6) will be acquired in other quadrants of the City in each of the three (3) subsequent fiscal years. Funds for the FY 1998-99 acquisitions are included in this Agreement; funds for the remaining acquisitions will be added incrementally by Amendments to this Agreement on or about July 1st of each of the four (4) subsequent fiscal years. In selecting these properties, the Subgrantee shall seek and consider recommendations from the respective neighborhood organizations and Habitat; where selections depart from the recommendations, the Subgrantee will provide a written rationale as prescribed under section 1.a.(2) above. (2) Allowable Expenditures -- Expenditures pursuant to this section shall be limited to those necessary, reasonable and allowable costs associated with purchasing and transferring the properties. Purchase prices for property acquisitions shall not exceed the value determined through appraisal, city assessment or other appropriate method without the prior written approval of the Grantee's Office of Grants Compliance. Funds shall not be expended for liens, fines or penalties associated with any property acquired or to be acquired. (3) Property Transfers and Subgrantee-Habitat Agreement -- Upon establishing ownership, the Subgrantee shall transfer clear title to these properties to Habitat. Habitat shall undertake all efforts associated with the construction of affordable housing on these properties and their sale to eligible families, including, but not limited to, determinations and documentation pursuant to section 1.a.(3) above. The terms and conditions of the property transfers shall be set forth under an agreement between the Subgrantee and Habitat, which agreement shall be subject to acceptance by the Grantee to ensure that all necessary statutory, regulatory and performance requirements have been made applicable to Habitat. The Subgrantee-Habitat agreement is incorporated into this Agreement at Attachment B. Page 3 of 14 c. "Single-Room-Occupancy Facility Repair" (SRO Repair) Project do eo The Subgrantee shall use designated CDBG funds under this Agreement to make critical interior or exterior repairs to three (3) SRO facilities at 1415 Chapman Avenue, SW, 1529 Patterson Avenue, SW, and 1321 Rorer Avenue, SW. Funds may be expended for any necessary, reasonable and allowable CDBG rehabilitation costs, including, but not necessarily limited to, construction labor and materials. Period of this Agreement -- This Agreement shall be effective as of November 15, 1998, and, unless amended, shall end June 30, 2006. Schedule -- The Subgrantee shall complete the indicated actions by the specified dates. (1) By June 30, 1999 Acquire ten (10) properties in the Loudon-Melrose neighborhood Transfer eight (8) of the properties to Habitat Select three (3) owner-occupied properties for rehabilitation (2) By June 30, 2000 Complete the rehabilitation of three (3) owner-occupied properties Complete repairs to three (3) SRO facilities Acquire and transfer to Habitat six (6) more properties in Loudon-Melrose neighborhood (3) By June 30, 2001 Complete the construction of ten (10) new homes, including eight (8) by Habitat Acquire and transfer to Habitat six (6) additional properties (4) By June 30, 2002 Complete the sale of ten (10) new homes, including eight (8) by Habitat Complete construction of six (6) additional new homes through Habitat Acquire and transfer to Habitat six (6) additional properties (5) By June 30, 2003 Complete the sale of six (6) new homes by Habitat Complete construction of six (6) additional new homes through Habitat Acquire and transfer to Habitat six (6) additional properties (6) By June 30, 2004 Complete the sale of six (6) new homes by Habitat Complete construction of six (6) additional new homes through Habitat (7) By June 30, 2005 Complete the sale of six (6) new homes by Habitat Complete construction of six (6) additional new homes through Habitat Page 4 of 14 (8) By June 30, 2006 -- Complete the sale of final six (6) new homes by Habitat fo Budget -- The amount of CDBG and HOME funds to be provided by the Grantee under this Agreement shall be as detailed in Attachment A. At the sole discretion of the Grantee, any funds remaining unexpended at the end date of this Agreement may be deobligated from the Agreement and made available for other CDBG, HOME or HOME/CHDO projects, as appropriate. Costs associated with the purchase and transfer of properties to Habitat shall be charged solely to CDBG funds provided for this purpose. go HOME Match -- HOME funds must be matched in accordance with the requirements of 24 CFR 92.218 through 92.222. The Grantee shall be responsible for identifying and ensuring crediting of matching funds required pursuant to this Agreement. To assist the Grantee in meeting the requirement, the Subgrantee shall report regularly to the Grantee all activities which may be credited as HOME match. 2. REQUESTS FOR DISBURSEMENTS OF FUNDS. Disbursement of funds under this Agreement shall not be requested until the funds are needed for payment of eligible costs. The amount of each disbursement request must be limited to the amount needed. bo Requests for disbursement of funds shall be submitted to the Grantee's Project Manager, if any, or Office of Grants Compliance and shall include copies of invoices or other appropriate documentation from contractors or other entities for work performed or costs incurred. In the case of property acquisitions, requests shall include settlement statements and property appraisal or assessment documentation. Upon approval of the request by the Project Manager and/or Office of Grants Compliance, the Grantee shall disburse the funds to the Subgrantee. Co All requests for disbursements with respect to costs incurred during the period of this Agreement, as set forth in section 1 .d., must be received by the Grantee within 60 calendar days of the ending date of this Agreement. The Grantee shall not be bound to honor requests for disbursements received after this 60-day period has elapsed. PROGRAM INCOME AND REPAYMENTS. a. Payment of Proceeds from Sale: (1) Upon the sale of the properties referenced in sections 1.a. or 1.b. above, gross proceeds shall be distributed as follows: first, private lending institutions shall be repaid; second, the Subgrantee, or Habitat, as applicable, shall recover its funds invested in the project. Thereafter, the Grantee will share in any proceeds remaining. The Grantee's share will be equal to the percentage of the total cost to develop, construct and sell the property which has been paid for by the CDBG and/or HOME funds provided under this Agreement. Should the gross proceeds be insufficient to allow the Subgrantee to recover its invested funds, the Grantee shall not be liable for the deficiency. Page 5 of 14 (2) In the event a property is assisted by both CDBG and HOME funds provided under this Agreement, the Grantee's share referenced in subsection (1) above shall be distributed to CDBG program income or HOME program income according to the percentage each source is of the total CDBG and HOME funds contributed to the property. bo All repayments, interest, and Grantee shares of proceeds or other returns on the investment of CDBG and/or HOME funds shall be submitted to the Grantee within 15 days of receipt by the Subgrantee or Habitat, as applicable. AFFORDABILITY: ao The Subgrantee shall ensure that properties assisted with HOME funds under this Agreement comply with the affordability requirements at 24 CFR 92.254, including, but not limited to, the following: (1) Buyers of the properties shall be eligible families, as described in section 1.a.(3) above; (2) The initial purchase price of each property shall not exceed $127,750; and (3) For a period of up to 15 years, depending on the total amount of HOME funds invested, each property shall be available for purchase only by a HOME-eligible family; otherwise up to the full HOME investment shall be repaid to the Grantee. These restrictions will be enforced pursuant to section 5.c. of this Agreement. The Subgrantee shall monitor all HOME-assisted properties to ensure maintenance of their affordability for the minimum period. Monitoring procedures of the Subgrantee must be in accordance with HUD regulations. 5. ENFORCEMENT OF THE AGREEMENT: ao In the event the Subgrantee materially fails to comply with any term of the agreement, the Grantee may suspend or terminate, in whole or in part, this Agreement or take other remedial action in accordance with 24 CFR 85.43. The Agreement may be terminated for convenience in accordance with 24 CFR 85.44. bo In the event the Subgrantee, without prior written approval from the Grantee's Office of Grants Compliance, terminates the project prior to completing all units for which HOME funds have been disbursed, the Subgrantee shall be liable for repayment of all HOME project, administrative or operating funds disbursements, whether or not expended. Co The affordability provisions referenced in section 4 of this Agreement shall be enforced by a written covenant between the Subgrantee, or Habitat, as applicable, and the homebuyer as a condition of sale, and recorded with the property deed. The covenant shall provide that the Grantee be notified of any pending resale of the property for the applicable period of affordability. Such covenant shall be approved as to form by the Grantee. If affordability Page 6 of 14 o provisions are not met upon resale of the property, up to the full HOME investment, as applicable, shall be repaid to the Grantee in accordance with section 3 of this Agreement. 6. REVERSION OF ASSETS: Upon expiration of this Agreement, including any amendments thereto, the Subgrantee shall transfer to the Grantee any CDBG funds or CDBG Program Income on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the Subgrantee's control that was acquired or improved, in whole or in part, with CDBG funds in excess of $25,000: ao Shall continue for a period of not less than five years following expiration of this Agreement, including any amendments thereto, to be used to meet one of the CDBG national objectives cited in 24 CFR 570.208; or bo If the property is not used in accordance with (a) above, the Subgrantee shall pay the Grantee an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment shall be considered Program Income to the Grantee. RECORDS AND REPORTS: The Subgrantee agrees to submit such reports as may be requested by the Grantee concerning the activities conducted under this Agreement. Further, the following shall apply to financial and project records pertaining to this Agreement: ao Records to be maintained -- At a minimum, the Subgrantee shall maintain financial and project documents and records which comply with the requirements of 24 CFR 92.508,570.506, and 570.507, as applicable. bo Period of record retention -- The Subgrantee shall retain financial and project documents and records pertaining to this Agreement for a period of four (4) or five (5) years, respectively, in compliance with the requirements of 24 CFR 92.508© and 570.502(b), as applicable. Co .Access to records -- The Grantee and other entities shall have access to financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR 84.53 and 92.508(d). MONITORING: The Subgrantee shall monitor progress of the project(s) covered by this Agreement, and shall submit appropriate reports to the Grantee's Office of Grants Compliance. Not less than annually, the Grantee shall monitor the Subgrantee for records retention and compliance with the regulations of 24 CFR Part 92, as referenced herein. Page 7 of 14 9. ANNUAL AUDIT: As an entity receiving less than $300,000 in federal funding from the Grantee, the Subgrantee shall not be required by the Grantee to undergo an annual independent audit of the CDBG/HOME expenditures under this Agreement. Furthermore, no expenditures with respect to any such audit undertaken at the Subgrantee's own initiative shall be chargeable to the funds under this Agreement. 10. OTHER PROGRAM/PROJECT REQUIREMENTS, In addition to other requirements set forth herein, the Subgrantee shall likewise comply with the applicable provisions of Subparts F and H of 24 CFR part 92 and Subpart K of 24 CFR 570, in accordance with the type of project assisted. Such other requirements include, but are not necessarily limited to, the following. ao bo co do Maximum per-unit subsidy amount and subsidy layering -- The total amount of HOME funds invested shall not exceed $58,028 for a one-bedroom unit, $70,562 for a two-bedroom unit, $91,283 for a three-bedroom unit, and $100,200 for a unit with four or more bedrooms. Further, in accordance with 24 CFR 92.250, HOME funds invested in combination with other governmental assistance shall not exceed the amount necessary to provide affordable housing. e° Property standards and lead-based paint -- All housing assisted with HOME funds under this agreement must, upon project completion, meet the property standards of 24 CFR 92.251. Those assisted with CDBG funds shall meet the Statewide Building Code. All properties assisted with HOME and/or CDBG funds shall meet the lead-based paint requirements in 24 CFR 92.355 and/or 570.608, respectively. In accordance with regulations, the Subgrantee shall adhere to lead-based paint abatement practices, as applicable, and in no case shall use lead-based paint in the construction or rehabilitation of the properties assisted under this Agreement. Affirmative Marketing and Affirmatively Furthering Fair Housing -- In accordance with 24 CFR 92.351 and 570.601 and the Grantee's Affirmative Marketing Procedures, the Subgrantee shall provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, color, national origin, sex, familial status or disability. Section 109 -- In accordance with Section 109 of the Housing and Community Development Act of 1974 (42 U.S.C. 3535(d)), no person in the United States shall on grounds of race, color, religion, sex or national origin be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity funded in whole or in part with funds available under this Agreement. Conditions for religious organizations -- The Subgrantee shall not grant or loan any HOME or CDBG funds to primarily religious organizations for any activity including secular activities. In addition, funds may not be used to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. In particular, there shall be no religious or membership criteria for tenants or buyers of any HOME- or CDBG-assisted properties. Page 8 of 14 fo go ho jo Labor standards -- In accordance with 24 CFR 92.354 and 570.603, prevailing (Davis-Bacon) wage rates shall be paid to non-volunteer labor on residential projects of 8 or more CDBG- assisted units or 12 or more HOME-assisted units. For projects receiving both CDBG and HOME assistance, prevailing wage rates shall be required when 8 or more residential units are rehabilitated or constructed. (Labor standards apply to the activities under this Agreement.) Environmental standards -- In accordance with 24 CFR 92.352 and 570.604, the activities under this Agreement are subject to environmental review requirements. Such requirements may include, but are not necessarily limited to, historic significance, floodplain, and hazardous sites. No CDBG or HOME funds may be expended prior to the Grantee's completion of the environmental review and the Subgrantee's completion of any required remedial actions. Displacement and relocation -- In accordance with 24 CFR 92.353 and 570.606, the Subgrantee shall take all reasonable steps to minimize displacement as a result of the activities described in section 1. To the extent feasible, any eligible families residing in the properties identified in section 1 shall be provided reasonable opportunity to purchase the rehabilitated property. All displaced persons will be provided relocation assistance to the extent permitted and required under the applicable regulations. Employment and contracting opportunities -- In accordance with 24 CFR 570.607, the activities under this Agreement are subject to the requirements of Executive Order 11246, as amended, and Section 3 of the Housing and Urban Development Act of 1968. The former prohibits discrimination on federally-assisted construction contracts and requires contractors to take affirmative action regarding employment actions. The latter provides that, to the greatest extent feasible and consistent with federal, state and local laws, employment and other economic opportunities arising housing rehabilitation, housing construction and public construction projects shall be given to low- and very-low-income persons. Debarment and suspension -- In accordance with 24 CFR 24, the Subgrantee shall not employ or otherwise engage any debarred, suspended, or ineligible contractors or subcontractors to conduct any of the activities under this Agreement. The Subgrantee will submit to the Grantee's Office of Grants Compliance the names of all contractors and subcontractors selected under this Agreement to determine if such contractors or subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in federal transactions. Uniform administrative requirements -- The Subgrantee shall comply with the requirements and standards of OMB Circular No. A-110, "Uniform Administrative Requirements..."; OMB Circular No. A- 122, "Cost Principles for Non -Profit Organizations"; and OMB Circular A- 133, "Audits of Institutions of Higher Education and Other Nonprofit Institutions" or the related provision specified in 24 CFR 92.505 or 570.502. Conflict of interest -- In accordance with 24 CFR 92.356 and 570.611, no covered individual who exercises any functions or responsibilities with respect to the program during his tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program Page 9 of 14 assisted under this Agreement. The Subgrantee shall incorporate, or cause to be incorporated, in any contracts or subcontracts pursuant to this Agreement a provision prohibiting such interest pursuant to the purposes of this section. 11. THIRD-PARTY CONTRACTS: The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 12. INDEMNITY: The Subgrantee agrees and binds itself and its successors and assigns to indemnify, keep and hold the Grantee and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of the Subgrantee including: (a) the Subgrantee's use of the streets or sidewalks of the Grantee or other public property; (b) the performance under this Agreement; (c) the exercise of any right or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of the Subgrantee to perform any duty imposed upon or assumed by Subgrantee by or under this Agreement. In the event that any suit or proceeding shall be brought against the Grantee or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with the Subgrantee on account thereof, the Subgrantee, upon notice given to it by the Grantee or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the Grantee or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgement being awarded against the Grantee or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with the Subgrantee, then the Subgrantee will pay such settlement or judgement in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the Grantee or any of its officers, employees, agents, volunteers or representatives harmless therefrom. 13. INDEPENDENT CONTRACTOR: Services performed under this agreement shall be performed on an independent contractor basis and under no circumstances shall this Agreement be construed as establishing an employee/employer relationship. The Subgrantee shall be completely responsible for its activities in performing services hereunder. 14. SUCCESSORS: This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and successors. 15. AMENDMENTS: The Grantee may, from time to time, require changes in the obligations of the Subgrantee hereunder, or its City Council may appropriate further funds for the implementation of this HOME rehabilitation project. In such event or events, such changes which are mutually agreed upon by Page 10 of 14 and between the Grantee and the Subgrantee shall be incorporated by written amendment to this Agreement. 16. GOVERNING LAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. 17. AVAILABILITY OF FUNDS: CDBG and HOME funding to be made available by the Grantee under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. 18. ANTI-LOBBYING: To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: By By Mary F. Parker, City Clerk City Manager/Assistant City Manager ATTEST: FOR THE SUBGRANTEE: By By Jerry Dunnavant, Secretary Alvin Nash, Executive Director Page 11 of 14 ~?PROVED AS TO CDBG/HOME ELIGIBILITY APPROVED AS TO FORM Office of Grants Compliance Assistant City Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Assistant City Attorney Date Account # Director of Finance (See Attachment A) Page 12 of 14 Attachment A 1998/99 BRHDC CDBG/HOME Agreement CLoudon-Melrose Community Rebuilding Initiative" and "SRO Repair") Financial Accounts Account # Description Project Support Admin Total CDBG Funds: 035-095-9520-5107 SRO Repair 1,559 1,559 035-097-9720-5107 SRO Repair 10,910 10,910 035-098-9820-5107 SRO Repair 2,531 2,531 Total Activity 15,000 15,000 035-094-9420-5071 Loudon-Melrose Rebldg. 1,951 1,951 035-098-9820-5071 Loudon-Melrose Rebldg. 58,049 58,049 035-099-9920-5071 Loudon-Melrose Rebldg. 50,000 50,000 Total Activity 110,000 110,000 Total CDBG Funds 125,000 125,000 Account # [ Description Project Support Operating Total HOME/CHDO Funds: 035-090-5306-5345 Loudon-Melrose Rebldg 46,566 46,566 035-090-5321-5345 Loudon-Melrose Rebldg 3,434 3,434 Total Activity 50,000 50,000 ITOTAL CDBG and HOME/CHDO FUNDS I 175'000 I I [ 175,000] Page 13 of 14 Attachment B Agreement Between The Subgrantee (Blue Ridge Housing Development Corporation, Inc.) and Habitat for Humanity in the Roanoke Valley, Inc. Page 14 of 14 Mary F. Parker, CMCIAAE C~y C~rk CITY OF ROANOKE Office of the City Clerk November 5, 1998 File #20-60 8andra H. F. akin r~puty c~y c~erk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34067-110298 amending and reordaining certain sections of the 1998-99 Capital Projects Fund Appropriations, providing for appropriation of $25,000.00, in connection with the removal of parking meters from City streets, effective May 1, 1999. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 2, 1998. Sincerely, ~~ Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment W. Robert Herbert, City Manager William F. Clark, Director, Public Works George C. Snead, 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 $. Lander, Acting Chief, Planning and Community Development Charles M. Huffine, City Engineer Robert K. Bengtson, Traffic Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of November, 1998. No. 34067-110298. 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: ADDro~3fiations Traffic Engineering $ 2,408,764 Traffic Signals - General (1) ................................ 744,553 Capital Improvement Reserve $13,588,540 Capital Improvement Reserve (2) ........................... 449,609 1) Appropriated from General Revenue (008-052-9560-9003) $ 25,000 2) Streets and Bridges (008-052-9575-9181) (25,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. November 2, 1998 No. 98-177 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Feasibility of Removing Parking Meters from City Streets Background: Parking meters are used to regulate timed parking spaces and are easily enforced by police officers. Usage in the City of Roanoke dates back at least to 1938. As many as 750 parking meters were in place at one time. A majority of those meters were removed in the 1970's to encourage on-street parking for the downtown business community. A total of 140 metered parking spaces remain in use (119 in downtown and 2'1 in the Grandin Court area). Vehicles parked in metered spaces are controlled by coin-operated meters from 8:00 a.m. to 6:00 p.m. weekdays, excluding certain holidays. The majority of these meters allow a maximum of two (2) hours. Operation of each meter requires one (1) nickel for 15 minutes, one (1) dime for 30 minutes and one (1) quarter for 60 minutes. Vehicles parked overtime are subject to a $10.00 parking fine. Vehicles identified with appropriate handicap parking tags may park up to four (4) hours in a metered space for free. Also, while not intended for extended hours, some motorists "feed" meters to create continuous parking. This action is not prohibited. City Council's passage of Section 20-77 of the Code of the City of Roanoke (1979) as Amended, approved and ratified parking meter zones in the City. Therefore, any action to eliminate parking meters requires Council's approval. II Current situation: Council Member Hudson, at City Council's meeting on August 17, 1998, requested that the City Manager review the feasibility of removing parking Mayor Bowers and Members of Council Subj: Feasibility of Removing Parking Meters f~om City Streets Page 2 November 2, 1998 III IV meters from City streets. He referred specifically to parking meters in downtown Roanoke and in the Grandin Road area. Revenues of $38,000 are budgeted to be generated by these parking meters in FY 1998-99. Personnel involved in the collection of money from the meters consists of a three (3) person team (two sworn officers from the Police Department and one civilian from Traffic Engineering), requiring three (3) hours for one day each week. Annual meter repair cost is less than $1,ooo. Survey of businesses located adjacent to metered parking spaces was recently conducted by Downtown Roanoke, Inc. (DRI) to determine the level of support for metered parking. Of the 33 survey forms distributed, 26 persons responded. There were 19 business representatives in favor of parking meter removal (provided there be on-street parking controlled by signage and enforcement), 3 against removal, 1 undecided and 2 with no opinion. (See Attachment A - letter from DRI). Also, the President of the Grandin Road Merchants Association has expressed support for removing all parking meters on Grandin Road. Issues: A. Businesses B. Enforcement C. Net revenue D. Personnel E. Funding Alternatives: A. City Council approve removal of all remaining parking meters. Businesses surveyed in downtown and the Grandin Road area would support removal. Metered parking for some areas but not for others is inconsistent. Mayor Bowers and Members of Council Subj: Feasibility of Removing Parking Meters from City Streets Page 3 November 2, 1998 Enforcement by Police Department would continue for these parking spaces. City staff and DRI would work with businesses to determine which timed parking zones (30 minute, 1 hour or 2 hour) would be implemented in place of the metered spaces. Net revenue of $37,000 would be lost annually ($38,000 revenue less $1,000 meter repair costs). Based upon the anticipated time frame for removal, this would result in a loss of revenue of $12.000 for the current year. Budget preparation for FY 1999 - 2000 will need to consider reducing the revenue estimate to balance the annual loss of $37,000 in net revenue. Personnel involved in coin collection and meter maintenance would be assigned to other duties. The Traffic Engineering employee, who spends approximately 20 manhours per week on meter maintenance and operational checks, will be able to provide added support to the maintenance of traffic signals. A total of eleven (11) intersections have had new traffic signals added in the past year, towards which no new manpower has been added. Funding for removal of parking meters would require a one time expenditure estimated at $25,000. Many meters would be removed with a jack hammer, resulting in the need to replace the entire sidewalk slab from which the meter is removed. Funding is available in Capital Improvement Reserve - Streets and Bridges account (008- 052-9575-9181). City Council concur that meters remain in place. 1. Businesses surveyed do not favor keeping metered parking. 2. Enforcement by Police Department would remain the same. 3. Net revenue is expected to remain at $37,000 annually. 4. Personnel would continue to maintain meters and collect money. 5. Funding for removal would not be an issue. Mayor Bowers and Members of Council Subj: Feasibility of Removing Parking Meters from City Streets Page 4 November 2, 1998 V Recommendation is that City_ Council approve Alternative A and do the following: A. Approve removal of all remaining parking meters effective May 1, 1999. B. Transfer $2,5,000 from Capital Improvement Reserve-Streets and Bridges (008-052-9575-9181) to Traffic Signals-General (008-052-9560-9003). C. Refer the matter to the City Attorney to prepare the appropriate measure to formalize the above action. WRH/RBK/gpe Attachment copy: Respectfully submitted, W. Robert Herbert City Manager 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 Acting Chief, Planning & Community Development City Engineer Traffic Engineer OFFICERS AND DIRECTORS ROBERT S. CALLAHAN, JR 309 First Street Chairman WILLIAM H. CARDER Patdck Henry Hotel Chairman-Elect MARYELLEN F. GOODLATTE Glenn Feldmann Darby & Goodlatte Treasurer DON J. HARRISON First Union National Bank Secretary PATRICK N. SHAFFNER Sherertz Franklin Crawford Shaffner, Inc. Vice-Chairman WILLIAM F. TRINKLE Francis Realtors Vice-Chairman RAYMOND M. WALTER Waiter's Greenhouse Vice-Chairman JO ANN B. WEISSBART First Union National Bank Vice-Chairman JOHN C. BERRY Trigon Blue Cross Blue Shield MICHAEL J. BRUNETTE Newschanne110 (WSLS-TV) M. HELEN BUTLER Carillon Health System VICTOR O. CARDWELL Woods Rogers & Hazlegrove CYNTHIA S. CASSELL Twist & Turns WILLIAM F. CLARK City of Roanoke ROBERT H. FETZER Building Specialists, Inc. ROBERT W. GLENN, JR. Issues Management Group ELLIS L. GUTSHALL Valley Bank BONZ HART Meridium, Inc. CAROLE J. HUGHES La De Da, Inc. F. GEOFFREY JENNINGS Frank L. Moose Jeweler, Inc. SUSAN W. JENNINGS The Arts Council of the Blue Ridge ROBERT C. LAWSON, JR. Crastar Bank JOHN G. MCLEOD McLeod & Company THOMAS P. O'DELL St. John's Episcopal Chumh DONALD C. REID Bell Atlantic (ret.) JAMES C. SEARS Center In The Square BARRY L. SNODGRASS American Erectric Power R. CURTIS STEELE, JR. Norfolk Southern Corporation ANTHONY C. WADE Norfotk Southern Corporation GARY D. WALTON Hotel Roanoke & Conference Center R. MA'FI'HEW KENNELL President ATTACHMENT A October 13, 1998 Mr. Robert K. Bengston, PE Traffic Engineer City of Roanoke 1802 Courtland Ave., N.W. Roanoke, VA 24012 Dear Bob: Thank you for your recent inquiry regarding the position of Downtown Roanoke, Inc. concerning the removal of all parking meters within the downtown service district. Our organization surveyed all affected businesses to determine if they wanted the meters removed and found that only 3 out of 33 desired to keep the meters. The results of this survey were reported to our board of directors this morning at their regular October meeting. Atter some discussion among the board that meters put the downtown area in a competitive disadvantage to other areas where short-term parking is free, the board voted unanimously to support the removal of' all remaining meters as soon as possible. I respectfully ask that you relay the position of the DRI board to the appropriate city officials and consider removing all remaining meters as soon as possible to maximize the benefit to the downtown area. Sincerely, / President Cc: Rob Callahan, Jr., DRI Chairman DOWNTOWN ROANOKE INCORPORATED 310 FIRST STREET, S.W. · ROANOKE, VIRGINIA 24011 (540) 342-2028 · FAX 344-1452 downtown, roanoke, org · e-maih dri@roanoke, org Mary F. Parker, CMC/AAE c~ Cbrk CITY OF ROANOKE Office of the City Clerk November 5, 1998 File #70-472 8andra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 34069-110298 accepting a certain Fire Program Fund Grant from the Commonwealth of Virginia's Department of Fire Programs, in the amount of $126,709.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 2, 1998. Sincerely, Mary F. Parker, CMCIAAE City C~erk MFP:Io Attachment pc: James D. Grisso, Director of Finance William F. Clark, Director, Public Safety Diane S. Akers, Budget Administrator, Office of Management and Budget James Grigsby, Chief, Fire-EMS Crosby R. Grindle, Battalion Chief, Training and Support, Fire-EMS 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34069-110298. A RESOLUTION accepting a certain Fire Program Fund Grant from the Commonwealth of Virginia's Department of Fire Programs and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the offer made to the City by the Commonwealth of Virginia's Department of Fire Programs of a Fire Program Fund grant in the amount of $126,709 such grant being more particularly described in the report of the City Manager, dated November 2, 1998, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager or the Assistant City Manager is hereby authorized to execute, on behalf of the City, any documentation required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Commonwealth. ATTEST: City Clerk. Mary F. Parker, CMC/AAE c~y Cbrk CITY OF ROANOKE Office of the City Clerk November 5, 1998 File ~60-70-472 Sandra H. Eakin Depmy c~y c~rk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34068-110298 amending and reordaining certain sections of the 1998-99 Grant Fund Appropriations, providing for appropriation of $126,709.00, in connection with receipt of funds from the State Department of Fire Programs to be used for the purchase of materials and equipment for training and development and for fire suppression equipment. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 2, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc; W. Robert Herbert, City Manager William F. Clark, Director, Public Safety Diane S. Akers, Budget Administrator, Office of Management and Budget James Grigsby, Chief, Fire-EMS Crosby R. Grindle, Battalion Chief, Training and Support, Fire-EMS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of November, 1998. No. 34068-110298. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~3~3ro~3riations Public Safety Fire Program FY99 (1-5) .................................... $1,632,663 126,709 Revenue Public Safety Fire Program FY99 (6) ...................................... $1,632,663 126,709 1) Training and Development 2) Wearing Apparel 3) Recruiting 4) Other Equipment 5) Regional Fire Training Academy 6) State Grant Receipts (035-050-3229~044) $ 21,000 (035-050-3229-2064) 25,959 (035-050-3229-2065) 7,500 (035-050-3229-9015) 12,250 (035-050-3229-9073) (035-050-3229-3229) 60,000 126,709 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. November 2, 1998 Council Report//98-418 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Fire Program Fund Back round concernin this sub'ect is as follows: A. Fire Program Fun~ was established by the General Assembly effective October 4, 1985, pursuant to Section 38.1-44.1 of the Code of Virginia. The sunset clause requiring expiration of this fund July 1, 1990 has now been removed; thus, the City's annual allocation of state funds will continue indefinitely. Co Revenue to support this program is derived from a surcharge on all fire insurance premiums collected throughout the Commonwealth. ~Program guideline~ require that funds received are ~ and may not be used in replacement of existing local funding. Funds must be used in accordance with the provisions established by the State Department of Fire Programs. Funds provided by this program may be used for the following: 1. 1/re Service Trainin : The fire department may to purchase training equipment, use money received to employ outside training instructor(s) and to reimburse tuition for approved training classes. 2. Re 'onal Fire Service Trainin Facilities: Funds may be used to construct, improve and expand regional fire service training facilities. Mayor Bowers and Members of Council November 2, 1998 Page 2 Eo Firefighting Equipment/Apparatus: Funds may be used to purchase fu:e apparatus, specialized response vehicles, fire hose, forcible entry tools, ladders and radio equipment. Personal Protective Clothing: Funds may be used to purchase helmets, eye protection equipment, protective hoods, boots, coats, pants, and gloves. Prohibited uses of funds are as follows: Construction to improve and expand any training facilities other than Regional Fire Service Training Facilities. Firefighting eguipment other than that equipment and appurtenances attached thereto required and used at the scene of a fire to deliver water or other extinguishing agents on the fire, remove smoke and gases, protect property from smoke and water damage and assure the fire is extinguished. Personal protective clothin~ that does not meet, at a minimum, the National Fire Protection Association Standards in effect at the time the purchase is made. Funds allocated to the counties, cities and towns pursuant to this subsection shall not be used directly or indirectly to supplant or replace any other funds appropriated by the counties, cities and towns for fire service operations. Such funds shall be used solely for the purposes of fire service training, constructing, improving and expanding regional fire service training facilities, purchasing firefighting equipment or purchasing protective clothing and equipment for firefighting personnel. (Code of Virginia Section 38.2- 126 sub-paragraph B). Mayor Bowers and Members of Council November 2, 1998 Page 3 F. Local cash match is not required. II. Current situation is: A. Roanoke City's allocation of $126,709 was electronically transferred to the City Treasurer on September 28, 1998. These funds were deposited in account #035-050-3229-3229. Regional Fire/EMS Training Center consisting of a 15,400 square feet building equipped with classroom, auditorium and office space, built on six (6) acres of Roanoke County's existing fire training ground is proposed. If approved, annual debt service in the amount of $60,000 will be repaid from this revenue source. Co City Conncil action is needed to formally accept and appropriate these funds, and authorize the Director of Finance to establish revenue estimates and appropriation accounts in the Grants Program Fund to purchase the following equipment and supplies in accordance with provisions of this program: Fire Suppression Equipment - $12,250. Purchase of fire hose, nozzles, and appliances. Also purchase Incident Command related materials and rescue tools for vehicle extrication. Training and Development - $21,000. Purchase firefighting gear, training videos and manuals and to provide training, education and development of personnel. Regional Fire Training Academy $60,000. Support the construction of 15,400 square foot regional fire training center with classrooms and auditorium. Recruitment and Development $7,500. Purchase public education material for grade school children, e.g., coloring books, classroom Mayor Bowers and Members of Council November 2, 1998 Page 4 materials, films, etc. Purchase materials related to a campaign for the recruitment of women and minorities. Personal Protective Clothing $25,959. Purchase fire boots, coats, pants, and helmets for fire suppression purposes. III. Issues in order of importance are: A. Need. B. Funds availability. IV. Alternatives in order of feasibility are:. Ao City Council accept funds from the State Department of Fire Programs, and authorize the Director of Finance to establish revenue estimates and appropriation accounts for the procurement of materials and equipment for training and development and fire suppression equipment. Need exists to build a Regional Training Center and to purchase training aids and fire suppression equipment, as detailed previously. Funds availability would be met with acceptance of the Fire Programs Fund allocation. Bo City Council not accept the City's allocation from the State Department of Fire Programs. Need still exists to purchase training aids and fire suppression equipment. 2. Funds availability would remain through the Fire Programs Fund. Mayor Bowers and Members of Council November 2, 1998 Page 5 Recommendation: A. City Council adopt Alternative A which would authorize the following actions: 1. Acceptance by the City Manager of the grant award. 2. Appropriation of $126,709 with corresponding revenue estimates in accounts established by the Director of Finance in the Grant Fund. Respectfully submitted, W. Robert Herbert City Manager WRH/JG/vds CC: City Attorney City Clerk Director of Finance Director of Public Safety Budget Administrator Fire-EMS Chief Battalion Chief for Training MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 November 5, 1998 File #70-354 SANDRA H. EAKIN Deputy City Clerk Elmer C. Hodge, County Administrator Roanoke County P. O. Box 29800 Roanoke, Virginia 24018-0798 Randolph M. Smith, City Manager, City of Salem P. O. Box 869 Salem, Virginia 24153 B. Clayton Goodman, III, Town Manager Town of Vinton 311 Pollard Street Vinton, Virginia 24179 W. Robert Herbert City Manager Roanoke, Virginia Gentlemen: I am enclosing copy of Ordinance No. 34071-110298 authorizing an agreement with the County of Roanoke, the City of Salem and the Town of Vinton, to provide for construction of a regional Fire-EMS training facility on property owned by Roanoke County, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 2, 1998. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:Io Enclosure pc: James D. Grisso, Director of Finance William F. Clark, Director, Public Works Diane S. Akers, Budget Administrator, Office of Management and Budget James Grigsby, Chief, Fire-EMS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of November, 1998. No. 34071-110298. AN ORDINANCE authorizing an agreement with the County of Roanoke, the City of Salem, and the Town of Vinton, to provide for construction of a regional fire-EMS training facility on property owned by the County upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, an agreement with the County of Roanoke, the City of Salem, and the Town of Vinton whereby all parties agree to establish a regional fire-EMS training facility on property owned by and located in the County of Roanoke. 2. The agreement, which shall provide that the facility will be for the use of the City of Roanoke, the County of Roanoke, the City of Salem and the Town of Vinton, shall contain such other terms and conditions deemed necessary by the City Manager. The form of the agreement shall be approved by the City Attorney and will be substantially as set forth in the attachment to the City Manager's report dated November 2, 1998. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shah be in full force and effect upon its passage. ATTEST: City Clerk. Mary F. Parker, CMCIAAE cay C~erk CITY OF ROANOKE Office of the City Clerk November 5, 1998 File ~60-70-354 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34070-110298 amending and reordaining certain sections of the 1998-99 Capital Projects and Debt Service Funds Appropriations, providing for appropriation of $727,845.00, in connection with an agreement to use Department of Fire Program funds to finance and construct a regional Fire-EMS training center on a site located on Kessler Mill Road in Roanoke County. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 2, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works Diane S. Akers, Budget Administrator, Office of Management and Budget James Grigsby, Chief, Fire-EMS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of November, 1998. No. 34070-110298. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital Projects and Debt Service 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 Capital Projects and Debt Service Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Capital Proiects Fund ADDrooriations General Government $16,670,453 Regional Fire - EMS Training Center (1) .......................... 837,845 Debt Service Fund A~x)roDriations Transfers to Other Funds (2) ..................................... $ 727,845 Fund Balance Reserved for Fund Balance - Unappropriated (3) ..................... $10,608,658 1) Appropriated from General Revenue 2) Transfer to Capital Projects Fund 3) Reserved for Fund Balance- Unappropriated (008-052-9718-9003) (012-004-8700-2408) (012-3325) $ 837,845 727,845 (727,845) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. November 2, 1998 Council Report # 98- 417 The Honorable Mayor Bowers and Members of Council City Hall, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Mayor Bowers and Members of Council: Subject: Regional Fire-EMS Training Center Training is a key comr)onent to building and maintaining quality fire ~nd emergenc~ medical services. Recruit academies, in-service and specialized fire and medical training classes require a wide range of supporting classrooms and hands-on sites to meet current and increasing mandated certified state and federal training requirements to retain professional certifications. Our current dedicated fire and eme en medical trainin facilities consist of a fire tower located next to Fire-EMS Station No. 11 on Bennington Drive and one classroom with support training aids located in the Jefferson Center. Current facilities do not meet our training needs. Cm _The Fire-EMS Department trainin;; staff is housed at the Jefferson Center with lack of office space a problem. II. Current Situation. Roanoke City. Roanoke County, Salem and Vintor have developed a proposal to build a Regional Fire-EMS Training Center. ..Roanoke County has a dedicated fire traininq cente located on Kessler Mill Road consisting of six (6) acres with a burn building, fire truck drafting pit, railroad simulator and a mobile Council Report No. 98-417 November 2, 1998 Page 2 III. classroom. The County has agreed to develop the Kessler Mill facility into a regional training center. Roanoke County has an estimated investment of $897,000 in the Kessler Mill Road training canter. Roanoke County's fire traininQ center lacks adequate classroom, auditorium, office and audio/visual training support spaca and equipment. None of the jurisdictions can afford to separately finance and buil, I a comprehensive training center to meet all respective fire-ems training requirements. A trainin; assessment established the n-.cd to build a re;done' trainin; canter with classroom, auditorium and support offices with approximately 15,000 square feet of space at an estimated cost of $1.9 million. The four (4) r~artner jurisdictions have a;rccd to a fundin, foiiiiul-~ based on: OVirginia Department of Fire Programs funds allocated to each jurisdiction and ~ anticipated use of the facility. Issues. A. Need. B. Regional Cooperation. C. Cost Effectiveness. D. Financing. IV. Alternatives In Order of Feasibility. City Council authorize the City Manager to enter an agreement with Roanoke County, Salem and Vinton to finance and build a regional fire-ems training center. Need. The Fire-EMS Department lacks adequate training facilities to meet current and future certified training needs. Council Report No. 98-417 November 2, 1998 Page 3 Re;ional Cooperation. A regional training center will enhance future cooperation among emergency fire and rescue units. Common training and the use of available instructors by all the partners will increase instructor effectiveness and student-to -instructor ratios. Cost Effectiveness. If the City finances and builds a stand-alone fire training center to meet all their needs, the cost would be approximately $3 million dollars. Building a training center on the existing county site with its current improvements will cost $1.9 million which will be shared by several jurisdictions. By pooling their resources, each jurisdiction can have available a training facility that separately they could not afford. Financinp. Through the Department of Fire Programs, the State of Virginia allocates funds to localities for improving their fire departments. These funds must be spent for specific programs as outlined by state regulations. Training is an eligible and desirable function to spend dedicated Department of Fire Programs (DFP) funds. Last year, the City of Roanoke received $118,000 from the state in DFP funds. This year, the state estimates an allocation of $126,709 to Roanoke City. The Fire-EMS Department estimates that $60,000 of DEP funds can be utilized for the regional training center and still allow for maintaining quality training and needed supplies. Therefore, $60,000 per year will be dedicated to fund the City's share of the estimated construction cost of $837,845. One hundred ten thousand dollars ($110,000) is available through current and prior year's Fire Program grant funding to provide for this project. The remaining $727,845 can be funded from current working capital and reimbursed at $60,000 per year using an Council Report No. 98-417 November 2, 1998 Page 4 amortization schedule determined by the Director of Finance. (See attachment). This amortization assumes a 5% interest rate which is derived from the City's current internal rate of return on investments. The amortization will require payments of $60,000 over a nineteen (19) year period with a final payment of $7,232 in year 20. B. City Council not authoriz- a Regional Fire-EMS Training Center. Need. Fire-EMS Department will continue to utilize existing training facilities for all training needs and seek alternative methods to deliver needed training. Cost Effectiveness. Will be maintained at current level. Re;iional Cooperation. Will continue to explore ways and means to increase regional cooperation without the benefit of a centralized fire- ems training center. Financin;;. Department of Fire Programs funds will continue to be utilized within state accepted guidelines. Recommendation. Fire-EMS Department recommends that City Council take the following action: Approve Alternative A and authorize the City Manager to enter into an agreement in substantially the form attached to this report to authorize the use of DFP funds to finance and build a regional fire-ems training center on Roanoke County's Kessler Mill Road site. Terms of the agreement will be approved by the office of the City Attorney. Appropriate funding of $837,845 in an account to be established by the Director of Finance in the Capital Projects Fund entitled "Regional Fire-EMS Training Center". To finance this project funding of $727,845 will be appropriated Council Report No. 98-417 November 2, 1998 Page 5 from the Fund Balance in the Debt Service Fund and transferred to Capital Projects Fund. The $50,000 currently available in the grant fund from the FY'98 Fire Programs and $60,000 of anticipated grant monies from the FY'99 Fire Programs will also be transferred to the Capital Projects Fund. CC: City Attorney City Clerk Director of Finance Director of Public Safety Budget Administrator Fire-EMS Chief Respectfully submitted, City Manger Amortization Table - Regional Fire/EMS Training Center Principal Amoum Interest Rate Annual Payments 727,845.00 5.OO% 60,000.00 Ye, ar Interest Principal Total Principal Balance 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 36,392.25 35,211.86 33,972.46 32,671.08 31,304.63 29,869.86 28,363.36 26,781.52 25,120.60 23,376.63 21,545.46 19,622.74 17,603.87 15,484.07 13,258.27 10,921.18 8,467.24 5,890.60 3,185.13 344.39 23,607.75 24,788.14 26,027.54 27,328.92 28,695.37 30,130.14 31,636.64 33,218.48 34,879.40 36,623.37 38,454.54 40,377.26 42 396.13 44 ~515.93 46 741.73 49 078.82 51 532.76 54 109.40 56 814.87 6 887.83 60 000.00 60 000.00 60 000.00 60 000.00 60 000.00 60 000.00 60,000.00 60,000.00 60,000.00 60,000.00 60,000.00 60,000.00 60,000.00 60,000.00 60,000.00 60,000.00 60,000.00 60,000.00 60,000.00 7,232.22 727,845.00 704,237.25 679,449.11 653,421.57 626,092.65 597,397.28 567,267.14 535,630.50 502,412.02 467,532.63 430,909.26 392,454.72 352,077.46 309,681.33 265,165.40 218,423.67 169,344.85 117,812.09 63,702.70 6,887.83 0.00 MEMORANDUM OF AGREEMENT This Memorandum of Agreement is hereby made and entered into this day of , 19 ~ with Roanoke County ("County") the City of Roanoke ("City"), City of Salem ("Salem") and Town of Vinton ("Town"), Virginia, and for identification shall be hereinafter referred to as "Partners". Whereas, the undersigned political subdivisions which are parties to the Agreement are desirous of maximizing the training of fire and emergency medical personnel by combining resources and making the most efficient use of training staff; and Whereas, it is desirable that each of the parties hereto should voluntarily aid and assist each other in the training of fire and emergency medical personnel; and Whereas, none of the parties hereto currently has a suitable facility for conducting on-going fire training academies and related classes; and Whereas, all parties hereto desire to combine potential resources to construct a regional fire training academy for the use and good of all parties; and Whereas, County owns appropriate land identified in the attached plat (Appendix B) in Roanoke County suitable for the development of a cooperative fire training facility which land and existing improvements shall be used by the Partners for purposes of this Agreement; and Mt~orandum of~ Page 1 of 9 Whereas, partner jurisdictions have capital funds available to begin development of a cooperative fire training facility. Now, therefore it is hereby agreed by and between the parties hereto as follows; The term "Regional Fire Training Building or Center" shall mean land, designated roadways leading immediately thereto, utilities, fire tower, training center, or other physical structures and facilities located on property used for the purpose of providing a fire training facility on property heretofore identified and used for the purpose of providing a fire training facility. The Center shall be under the joint direction and supervision of a training governing committee ("Committee") consisting of representatives appointed by the Fire Chiefs of the Partners. SPECIFIC PROVISIONS County shall make available suitable land heretofore identified in west Roanoke County to be developed as a regional training center. County shall retain ownership of the land and improvements throughout the term of this agreement. The City, Salem, and Town hereby authorize the County to make all applications on their behalf related to zoning and any required permits for this project. County has prepared a draft site plan that provides general dimensions of the training center and includes proposed building location with draft architectural Memorandum of Agreement Page 2 of ~ drawings. The draft site plan and drawings are incorporated into and made a part of this agreement as depicted in Appendix C. Costs of utilities shall be borne by the committee which shall provide for such costs in its annual operations budget. County will, as expeditiously as possible, take all actions necessary thereafter to obtain all required zoning, special use and building permits. County will act on behalf of the Partners and be the lead agent in bidding and procuring an architect and builder of the center. Costs will be allocated to each Partner in accordance with the formula set forth in Appendix A. The committee will be responsible for administration and coordination of the Center's use. 6. County will coordinate utilities, trash removal and routine Center maintenance. To the extent permitted by the laws of the Commonwealth of Virginia, the County will be responsible for the acts or failures to act of its officers, agents and employees which may result in any claim for liability or monetary penalty under either state or federal law related to any alleged activity or violation of any environmental law or regulation and/or which causes or allegedly causes injury to persons or property occurring at or near or arising out of the Center site, including all adjoining properties, owned by the County. In so far as permitted by law, each party agrees that, as between the parties, it shall be responsible for its agents' acts and employees' acts and omissions within the scope of their duties which cause injury to persons or property directly resulting from their use of the Center. Notwithstanding the above, none of the Partners Page 3 of ~ shall be responsible for punitive damages assessed against its employees or agents or for its employees or agents criminal conduct. Nothing herein shall be deemed as a waiver of sovereign immunity or any other defense available to the Partners. The provisions of this agreement are for the sole benefit of the parties, and no other person or entity shall be entitled to enforcement of any parts of this agreement. MUTUAL OBLIGATIONS The Partners agree to provide contributions of assets or funds as identified in Appendix A for the construction of and improvements to the Center. Once the Center is initially completed, the Partners will contribute funds contingent upon budgetary approval by the Partners in pro-rated parts toward the operating expenses of the Center based upon the formula in Appendix A. The initial Center improvements shall include the following: an office and instructional building of new construction of approximately 15,400 square feet. The Partners agree that the construction of and improvements to the Center will comply with all state laws and county code provisions and the directions of the Committee. The Roanoke County Purchasing Department will handle the procurement of all construction services, materials and supplies for the construction of and improvements to the Center upon written direction of the Committee by its Chair as provided in paragraph 5 below. Memor~ of ~ Page 4 of ~ The Roanoke County Finance Department will process all invoices for payment for these materials and supplies and will bill the Partners on a quarterly basis in accordance with the terms of this agreement for all expenses, services and operating costs associated with the Center as approved by the Committee. The Center will be under the jurisdiction and supervision of the Committee. The Committee will consist of eight (8) members appointed as follows: Chair: The Chair shall be a member of the Committee who shall have all rights of membership including the right to vote. The Chair shall rotate each calendar year between the jurisdictions in the following order: County Fire-Rescue Chief or his designee; City Fire-EMS Chief or his designee; Salem Fire Chief or his designee. Members County (3): Fire Chief, Training Officer, appointee of Fire Chief City (3) Fire Chief, Training Officer, appointee of Fire Chief Salem (1): Chief or designee. Town (1): Designee The Committee shall adopt and be governed by bylaws which shall be subject to approval by the Chiefs of both the City and County. Such bylaws shall include the following components: Memorandum of~ Page 5 of ~ Quorum. Five (5), which can be made up of members from any of the four departments. In order for the committee to approve any formal action, if fewer than five affirmative votes are received, there must be at least one affirmative vote from three of the Partners. B. Meetincj Schedule. To be held at least quarterly. Notice of Meetin~ls. Five working days unless waived in writing by all members. Schedulin~j/Use. To be determined by the Committee and incorporated in the bylaws or published rules. With the objective of insuring safe operation of the Center, the committee shall govern the use of the Center. Subject to the terms and conditions of this memorandum of agreement, the committee shall have absolute discretion to refuse permission for the use of the Center or to establish such conditions for its use as the committee shall deem necessary. Each respective political subdivisions shall have control over its employees. Employees will be under the rules and regulations of their employers. This Agreement shall not be construed to impair or affect any sovereign or governmental or official immunities that may otherwise be available to the City and County of Roanoke, Salem and Vinton, any of its officers, agents or employees. Any legal liability which may be imposed upon either party by a court of competent jurisdiction or by duly authorized settlement of any legal claim against either jurisdiction shall be retained by each party hereto for the Memorandum o)'A~e~n~nt Page 6 of ~ conduct of its own employees and for such invitees as each may authorize to use or be present on the premises of the Center. In the event of a third party liability claim not covered by this paragraph, the City, County, Salem and Town shall share in the proportions set forth in Appendix A in all costs of defense and in any monetary judgment or settlement of such claim, unless otherwise mutually agreed to between the parties. 10. Each partner shall be responsible for worker's compensation liability for their respective employees who may suffer compensable injuries arising out of their use of or authorized presence at the Center. 11. Snow removal decisions shall be made by the Committee and necessary costs for such will be shared by the parties hereto according to Appendix A, cost sharing formula. 12. Annual operating costs and maintenance of the Center: The Committee shall adopt an annual operating and maintenance budget for the Center and shall submit such budget to the City, County, Salem and Town budget offices by December 15 of each year. Operating costs shall be pro-rated as outlined in the cost sharing formula of Appendix A. The County Fire-Rescue Chief or his designee will prepare an itemized invoice and forward to the other Partners on a quarterly billing (September 30, December 31, March 31 and June 30) for the actual cost of operating and maintaining the Center. Within 30 days, the Partners shall approve and forward for payment. Memoranthun of Agreement Page 7 of ~ 13. It is the intent of the Partners of this agreement to have a twenty-five (25) year term. This agreement can be renewed on a five (5) year recurring basis with approval of the remaining Partners. 14. Any Partner may indicate its desire to terminate this agreement by providing written notice to the chief governing officer of the other Partners at least two (2) years in advance of such termination. Within thirty (30) days upon receipt of such written notice to terminate, the receiving jurisdiction may request the initiation of mediation or other non-binding alternative dispute resolution (ADR) proceedings. Such a request for ADR proceeding shall operate as a stay of any termination until the completion of any such proceedings pursued in good faith. In the event of termination, each Partner desiring to terminate will be reimbursed by County for the value of the improvements and equipment for which such Partner has been invoiced and has paid as part of construction of the offices and training center complex but reduced in value on a straight line depreciation calculation but not to exceed a twenty-five (25) year calculation period. Ownership of any Partner's personal property which has not been formally transferred to the Committee shall be retained by the Partner and may be removed from the Center site at termination. The County shall retain ownership of the site and shall have and receive ownership of all fixtures, personal property and equipment and other assets of the Committee. Each Partner shall execute any quit claim deed, bills of sale or conveyances reasonably requested by the County to evidence the County's ownership of all assets formerly owned or controlled by the Committee. 15. The remaining Partners shall pay the exiting jurisdiction any amount established in accordance with paragraph 14 above within ninety (90) days from the termination date of this agreement. Page 8 of 9 W. Robert Herbert, City Manager, Roanoke City Date Elmer Hodge, Roanoke County Administrator Date Randolph M. Smith, City Manager, Salem Date Clay Goodman, Vinton Town Manager Date Puge 9 o)'9 APPENDIX A Roanoke Valley Regional Fire Training Academy Agreement Each Partner agrees to support the Regional Fire Training Center on a pro-rated schedule as outlined below: Roanoke County $ 837,845.32 $ 13,246 44% Roanoke City $ 837,845.32 $ 13,235 44% Salem City $ 152,335.32 $ 2,426 8% Town of Vinton $ 76,167.75 $ 1,104 4% APPENDIX B I APPENDIX C Page I of 2 APPENDIX C Page 2 of 2 L ~ "..n. -- 3 0000330 000300 O000OO0 0003300 OOOOOOO Mary F. Parker, CMCIAAE c~y Ck, rk CITY OF ROANOKE Office of the City Clerk November 5, 1998 File #53-67 · llndra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 34073-110298 declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted July 21, 1997, for certain expenditures to be made for preliminary engineering studies, title reports, appraisals, document preparation, surveys, and testing in connection with the Franklin Square Park Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 2, 1998. Sincerely, Mary F. Parker, CMC/AAF_. City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations Delores C. Daniels, Assistant to the City Manager for Community Relations John W. Coates, Manager, Parks and Recreation Diane S. Akers, Budget Administrator, Office of Management and Budget Charles M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator H:. WI~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34073-110298. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted July 21, 1997, for certain expenditures to be made for preliminary engineering studies, rifle reports, appraisals, document preparation, surveys, and testing in connection with the Franklin Square Park Project; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. In accordance with U. S. Treasury Regulations, Section 1.150-2, the City hereby declares that it reasonably expects and intends to reimburse itself $15,000 appropriated by an ordinance simultaneously adopted by the City Council on November 2, 1998, for certain expenditures to be made for preliminary engineering studies, title reports, appraisals, document preparation, surveys, and testing in connection with the Franklin Square Park Project from proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted by the City Council on July 21, 1997, in the principal amount of $39,030,000 for the purpose of providing funds to defray the cost of needed permanent public improvements of and to public bridges, public buildings, economic development, parks, public schools, storm drains, streets and sidewalks, and acquisition of real property for the foregoing. Ordinance No. 33498- 072197, also adopted by City Council on July 21, 1997, provided for the holding of an election to determine whether the qualified voters of the City of Roanoke would approve Ordinance No. 33497-072197, and, at an election held on November 4, 1997, the qualified voters of the City approved Ordinance No. 33497-072197. The maximum principal amount of debt expected to be issued for the Franklin Square Park Project is $150,000. 2. This is a declaration of official intent adopted pursuant to U. S. Treasury Regulations, Section 1.150-2. This official intent is being declared not later than sixty days al[er the payment of the expenditures authorized by Paragraph 1 of this Resolution. 3. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, §2.1-340 et seq., Code of Virginia (1950), as amended. 4. This Resolution shall be effective on and after the date of its adoption. ATTEST: City Clerk. H:/meamsr~R-int~nt 14 Mary F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk November 5, 1998 File #53-60-67 8andra H. Eakin ~puty city Cbrk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34072-110298 amending and reordaining certain sections of the 1998-99 Capital Projects Fund Appropriations, providing for appropriation of $15,000.00 from bond funds for preliminary engineering studies, title reports, appraisals, document preparation, surveys and testing, in connection with the Franklin Square Park project. The abovereferenced measure was adopted by rite Council of the City of Roanoke at a regular meeting which was held on Monday, November 2, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attiachment pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations Delores C. Daniels, Assistant to the City Manager for Community Relations John W. Coates, Manager, Parks and Recreation Diane S. Akers, Budget Administrator, Office of Management and Budget Charles M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of November, 1998. No. 34072-110298. 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 Recreation $ 1,780,783 Franklin Square Park (1) ................................... 15,000 Capital Improvement Reserve $ 13,668,540 Public Improvement Bonds - Series 2000 (2) ................... ( 881,348) 1) Appropriated from Bond Funds (008-052-9705-9001) $ 15,000 2) Parks (008-052-9709-9180) (15,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. November 2, 1998 Council Report No. 98-372 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: APPROPRIATION OF FUNDS FRANKLIN SQUARE PRELIMINARY PLANNING Background in chronological order is as follows: The City has long desired a "gateway" to the downtown area on Franklin Road. Project was approved as part of the 1997 bond referendum. Funding in the amount of $150,000 was identified to develop the proposed park. II. Current Situation is as follows: Funds need to be appropriated to pay for preliminary engineering studies, title reports, appraisals, document preparation, surveys and testing which are necessary to identify a suitable site for the proposed project. III. Issues in order of importance are: A. Need B. Timing C. Funding Honorable Mayor and Members of City Council APPROPRIATION OF FUNDS FRANKLIN SQUARE PRELIMINARY PLANNING November 2, 1998 Page 2 IV. Alternatives in order of feasibility are: Am City Council authorize the appropriation of $15,000.00 to pay for preliminary engineering studies, title reports, appraisals, document preparation, surveys, and testing. Need to identify suitable property for the development of the Franklin Square Park is met. Timing to identify suitable site for fountain to be donated by First Baptist Church is critical. Funding is available from the sale of 1997 public improvement bonds and may be appropriated to an account to be established by the Director of Finance. City Council does not authorize the appropriation of funds to pay for preliminary engineering studies, title reports, appraisals, document preparation, surveys, and testing. Need to identify suitable property for the development of the Franklin Square Park is not met. Timing to identify suitable site for fountain to be donated by First Baptist Church will be delayed. 3. Funding would not be appropriated at this time. Recommendation is as follows: City Council appropriate $15,000.00 from the sale of Series 2000 Bonds account//008-052-9709-9180 - Parks, to an account to be established by the Director of Finance in the Capital Projects Fund entitled "Franklin Square Park", to provide funding for preliminary engineering studies, title reports, appraisals, document preparation, surveys, and testing in accordance with Alternative "A". Honorable Mayor and Members of City Council APPROPRIATION OF FUNDS FRANKLIN SQUARE PRELIMINARY PLANNING November 2, 1998 Page 3 City Council adopt a resolution indicating its intent to reimburse itself $15,000 from sale of Series 2000 bonds for preliminary costs relating to the Franklin Square Park. The maximum amount of debt anticipated to be issued related to the Franklin Square Park is $150,000. Respectfully submitted, W. Robert Herbert City Manager WRH/KBK/SEF CC: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations Manager, Parks and Recreation Budget Administrator City Engineer Engineering Coordinator MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 November 5, 1998 SANDRA H. EAKIN Deputy City Clerk File #192-268-468-472 Wayne E. Williarns, Fleet Sales Magic City Motor Corporation P. O. Box 12807 Roanoke, Virginia 24028 Stan Mooney, Fleet Manager pinkerton Chevrolet, Inc. 925 North Electric Road Salem, Virginia 24153 Gerald Brubaker, Manager General Truck Body Company 1919 10th Street, N. W. Roanoke, Virginia 24012 J. B. Sellers, Jr., Manager Berglund-Ford, Inc. 834 E. Main Street Salem, Virginia 24153 I am enclosing copy of Resolution No. 34074-110298 accep~ the bids of Magic City Motor Corporation, Pinkerton Chevrolet, Inc., Gene~ Track Body Company, and Bergiund-Ford, Inc., for furnishing certain vehicles to the City, upon certain terma and conditiona; and rejecting all other bids made to the City. The abovereferenced measure waa adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 2, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure W. Robert Herbert, City Manager James D. Gris$o, Director of Finance Barry L. Key, Manager, Office of Management and Budget Kit B. Kiser, Director, Utilities and Operation~ William F. Clark, Director, Public Worka James A. McClung, Manager, Fleet Management Samuel Hayes, III~ Manager, Utility Line Services Wayne E. Williams Gerald Bmbaker Start Mooney J. B. Sellers, Jr. November :5, 1998 Page 2 pc: Jesse H. Perdue, Jr., Manager, Water Department lames M. Evans, Manager, Civic Center D. Darwin Roupe, Manager, Supply Management 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 November 5, 1998 File # 192-268-468-472 Ken Spangler, Fleet Manager Berglund Chevrolet 1824 Williamson Road, N. E. Roanoke, Virginia 24012 A. Dale Thompson, President Dale's Garage 111 W'dson Street, S. E. Floyd, Virginia 24091 Deborah M. Beck, Corporate Secretary Cavalier Equipment Corporation P. O. Box 310 Cloverdale, Virginia 24077-0310 C. W. Calhoun, Assistant Sales Manager Truck Body Corporation P: O. Box 10906 Lynchburg, Virginia 24506 Dear Ms. Beck and Gentlemen: I am enclosing copy of Resolution No. 34074-110298 acceptin$ the bids of Magic City Motor Corporation, Pinkerton Chevrolet, Inc., General Truck Body Company, and Berglund-Ford, Inc., for ~ certain vehicles to the City, upon certain terms and conditions; and rejecting all other bids made to the City. The abovereferemed measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 2, 1998. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed vehicular equipment. MFP:Io Enclosure Sincerely, Mary F. Parker, CMC/AAE City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34074-110298. A RESOLUTION accepting bids made to the City for furnishing and delivering vehicles upon certain terms and conditions; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase price set out with each item: Item Quantity and Description Successful Bidder Total Purchase Number Price 1 2 new 3/4 ton extended cab, 4-wheel drive pickup trucks Magic City Motor Corporation $45,050.00 2 I new 1/2 ton extended cab, 4-wheel drive pickup truck Magic City Motor Corporation. $23,045.00 3 1 new 1 ton pickup cab/chassis Pinkerton Chevrolet, Inc. $16,749.51 4 1 new utility body General Truck Body Company $2,995.00 5 I new 1/2 ton extended cab pickup truck Borglund-Ford, Inc. $20,497.45 6 1 new 3/4 ton 4-wheel drive pickup truck Berglund-Ford, Inc. $20,323.65 2. The City's Manager of Supply Management is hereby authorized to issue the requisite purchase orders and related documents therefor, incorporating into said orders the City's specifications, the terms of said bidders' proposals and the terms and provisions of this Resolution. 3. Any and aH other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. November 2, 1998 Council Report No. 98-371 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council SUBJECT: Bids to Purchase Trucks and Utility Body Bid No. 98-8-73 I. Backqround on the subject in chronological order is: Vehicular Equipment has been identified in Utility Line Services, Water Department and Civic Center as necessary for the continued operation of those departments. Specifications were developed and along with Request for Bids were sent to Ten (10) Truck and Body Suppliers that are currently on the City's Bid List. A public advertisement was posted on the City's Bid Board and also published in The Roanoke Times and The Roanoke Tribune. Bids were received until 2:00 p.m. on September 11, 1998 at which time all bids appropriately received were publicly opened and read in the Office of the Manager of Supply Management. II. Current Situation is It is necessary for City Council to authorize the purchase of vehicles needed by Utility Line Services, Water Department and Civic Center. Eight (8) bid responses were received. A bid tabulation is attached to this report. All bids received were evaluated in a consistent manner by representatives of the following departments: Utilities and Operations Utility Line Services Water Department Fleet Management Supply Management Honorable David A. Bowers and Members of Council November 2, 1998 Trucks and Utility Body Bid No. 98-8-73 Page 2 Bid evaluations are as follows: Item #1 - 2 - New 3/4 Ton Extended Cab, 4-Wheel Drive Pick-Up Truck for Water Department. The lowest bid, submitted by Magic City Motor Corporation meets all required specifications for a cost of $22,525.00 per unit. Item #2 - 1 - New ~ Ton Extended Cab, 4-Wheel Drive Pick-up Truck for Water Department. ao The lowest bid, submitted by Berglund-Ford, Inc., Salem, Virginia took exceptions to electric shift mechanism and off- road package. These exceptions are substantial and cannot be waived as informalities. The second lowest bid, submitted by Berglund Chevrolet, Inc., Roanoke, Virginia took exceptions to tire size and electric shift mechanism. These exceptions are substantial and cannot be waived as informalities. The third lowest bid, submitted by Pinkerton Chevrolet, Inc., Salem, Virginia took exception to tire size and electric shift mechanism. These exceptions are substantial and cannot be waived as informalities. The lowest bid meeting specifications is submitted by Magic City Motor Corporation for a cost of $23,045.00. Item #3 - 1 - New 1-Ton Pick-up Truck for Utility Line Services. The lowest bid, submitted by Pinkerton Chevrolet, Inc., Salem, Virginia meets all required specifications for a cost of $16,749.51. Honorable David A. Bowers and Members of Council November 2, 1998 Trucks and Utility Body Bid No. 98-8-73 Page 3 III. IV. Item #4 - 1 - New Utility Body to be mounted on item #3. The lowest bid submitted by General Truck Body Co., Roanoke, Virginia meets all required specifications for a cost of $2,995.00. Item #5 - 1 - New % Ton Extended Cab, 4-Wheel Drive Pick-up Truck for Water Department. The lowest bid submitted by Berglund-Ford, Inc., Salem, Virginia meets all required specifications for a cost of $20,497.45. Item #6 - 1 - New 3/4 Ton, 4-Wheel Drive Pick-up Truck for the Civic Center. The lowest bid submitted by Pinkerton Chevrolet, Inc., Salem, Virginia took exception to front and rear springs, engine size and gear ratio. These exceptions are substantial and cannot be waived as informalities. The second lowest bid submitted by Berglund-Ford, Inc., Salem, Virginia meets all required specifications for a cost of ,$20,323.65. Issues in order of importance are: 1. Need 2. Compliance with Specifications 3. Funding Alternatives in order of feasibility are: City Council authorize the purchase of vehicular equipment for Utility Line Services, Water Department and Civic Center as follows: 2 - New 3/4 Ton Extended Cab, 4-Wheel Drive Pick-up Trucks from Magic City Motor Corporation for a total cost of $45,050.00. Honorable David A. Bowers and Members of Council November 2, 1998 Trucks and Utility Body Bid No. 98-8-73 Page 4 1 - New % Ton Extended Cab, 4-Wheel Drive Pick-up Truck from Magic City Motor Corporation for a total cost of $231045.00. 1 - New 1 Ton Pick-up Cab/Chassis from Pinkerton Chevrolet, Inc. for a total cost of $16,749.51. I - New Utility Body to be mounted on above Cab/Chassis from General Truck Body Co., Roanoke, Virginia for a total cost of $2,995.00. 1 - New ¼ Ton Extended Cab Pick-up Truck from Berglund-Ford, Inc. for a total cost of $20,497.45. 1- New 3/4 Ton, 4-Wheel Drive Pick-up Truck from Berglund-Ford, Inc. for a total cost of $20.323.65. Need for requested vehicular equipment is to replace old units that are experiencing high maintenance cost and increased downtime. Compliance with specifications is met by all of the providers recommended by this report. Recommendations Funding is available in Utility Line Services, Water Department and Civic Center operating accounts. City Council concur with Alternative "A" - authorize the purchase of Trucks and Body as follows: 2- New 3/4 Ton Pick-up Trucks from Magic City Motor Corporation for a total cost of $45,050.00. I - New ¼ Ton Pick-up Truck from Magic City Motor Corporation for a total cost of $23,045.00. Honorable David A. Bowers and Members of Council November 2, 1998 Trucks and Utility Body Bid No. 98-8-73 Page 5 CCZ 1 - New 1 Ton Truck Cab/Chassis from Pinkerton Chevrolet, Inc. for a total cost of $16,749.51. 1 - New Utility Body to be mounted on above 1 Ton Cab/Chassis from General Truck Body Co. for a total cost of $2,995.00. I - New ¼ Ton Pick-up Truck from Berglund-Ford, Inc. for a total cost of $20,497.45. 1 - New 3/4 Ton Pick-up Truck from Berglund-Ford, Inc. for a total cost of $20,323.65. B. Reject all other Bids. Respectfully Submitted, W. Robert Herbert, City Manager City Attorney Director of Finance City Clerk Management & Budget Director, Utilities & Operations Director, Public Works Manager, Fleet Management Manager, Utility Line Services Manager, Water Department Manager, Civic Center Manager, Supply Management Bid Tabulation Bids received and opened in the Office of Supply Management, 2:00 p.m., September 11, 1998 For Pick-up Trucks and Utility Body Bid Number 98-8-73 Item Number 1 2 - New 3/4 Ton Extended Cab, 4-Wheel Drive Pick-up Trucks delivered F.O.B. Roanoke, Virginia Item Number 2 1 - New % Ton Extended Cab, 4-Wheel Drive Pick-up Truck delivered F.O.B. Roanoke, Virginia Item Number 3 1 - New 1 Ton Pick-up Cab/Chassis delivered F.O.B. Utility Body dealer Item Number 4 1 - New Utility Body to be mounted on above Cab/Chassis and delivered F.O.B. Roanoke, Virginia Item Number 5 1 - New % Ton Extended Cab, 4-Wheel Drive Pick-up Truck, delivered F.O.B. Roanoke, Virginia Pinkerton Chevrolet, Inc. Salem, VA $25,811.75 ea $22,395.53 * $16,749.51 N/B $23,378.23 Berglund Chevrolet, Inc. Roanoke, VA $22,748.28 ea $22,139.43 $17,751.89 N/B $22,061.53 Magic City Motor Corporation Roanoke, VA * $22,525.00 ea * $23,045.00 $17,464.00 N/B $20,646.00 Berglund-Ford, Inc. Salem, VA $23,112.80 $2O,997.45 $17,278.65 N/B * $2O,497.45 Item Number 6 1 - New 3/4 Ton Pick-up Truck 4-Wheel Drive delivered F.OB. Roanoke, Virginia Delivery $19,820.15 60 Days $20,360.30 60-90 Days $20,490.00 60 Days * $2O,323 65 60-90 Days Bid Tabulation Bids received and opened in the Office of Supply Management, 2:00 p.m., September 11, 1998 For Pick-up Trucks and Utility Body Bid Number 98-8-73 Item Number 1 2 - New 3/4 Ton Extended Cab, 4-Wheel Drive Pick-up Trucks delivered F.O.B. Roanoke, Virginia Item Number 2 1 - New % Ton Extended Cab, 4-Wheel Drive Pick-up Truck delivered F.O.B. Roanoke, Virginia Item Number 3 1 - New 1 Ton Pick-up Cab/Chassis delivered F.QB Utility Body dealer Item Number 4 1 - New Utility Body to be mounted on above Cab/Chassis and delivered F.O.B. Roanoke, Virginia Item Number 5 1 - New % Ton Extended Cab, 4-Wheel Drive Pick-up Truck, delivered F.O.B. Roanoke, Virginia Cavalier Equipment Co. Roanoke, VA N/B NIB NIB $4,153.94 N/B Truck Body Corporation Lynchburg, VA N/B N/B NIB $3,003.44 N/B General Truck Body Co. Roanoke, VA NIB NIB N/B * $2,995.00 N/B Dale's Garage Roanoke, VA NIB N/B NIB $3,820.00 NIB Bid Tabulation Bids received and opened in the Office of Supply Management, 2:00 p.m., September 11, 1998 For Pick-up Trucks and Utility Body Bid Number 98-8-73 Cavalier Equipment Co. Roanoke, VA Truck Body Corporation Lynchburg, VA General Truck Body Co. Roanoke, VA Dale's Garage Roanoke, VA Item Number 6 1 - New 3/4 Ton Pick-up Truck 4-Wheel Drive delivered F.O.B. Roanoke, VA N/B N/B N/B N/B Delivery 45-60 Days 45 Days 45 Days 30 Days v~ Committee: Kit B. Kiser f~' Jame~ A.'McClun, g/ D. Darwin Roupe * Indicates Recommendation '98 Fi$!' 30 P4:02 November 2, 1998 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: Historic building at 118 Campbell Avenue. Pursuant to Title 15.2 of the State Code, which requires that no real property of the City shall be disposed of until the governing body has held a public hearing, this is to request that City Council schedule a public heating for November 16, 1998, on the conveyance of real estate identified as Roanoke City Tax Map No 1011512, commonly known as 118 Campbell Avenue which will be proposed to be sold for economic development purposes. C ~I~ib~rtagHeer rb ert WRH/KBK/SEF C: City Attomey City Clerk Director of Utilities and Operations Department of Finance City of Roanoke, Virginia November 2, 1998 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance September Financial Report This financial report covers the first three months of the 1998-99 fiscal year. The following narrative discusses revenues and expenditures to date. REVENUE General Fund revenues reflect an increase of 2.57% or $694,000 compared to FY98. Variances in specific categories of revenues are as follows: General Property Taxes rose $57,000 or .43%. The first installment of real estate taxes was due October 5. A larger portion of taxes were received in September of FY99 than in September of FY98. For the year, real estate tax revenues are projected to increase 3.08%. Personal property tax revenue declined slightly. Other Local Taxes are up $385,000 or 5.37%. Sales tax revenue rose nearly $163,000 or 6.12% from FY98 resulting from approximately $150,000 of sales tax revenue received in August 1998 which related to FY98 sales. E911 telephone tax surcharge and electric utility tax also increased. Permits, Fees and Licenses rose 20.72% or $35,500 due to an increase in building inspection fees. Fire protection permits and electrical inspection fees also increased slightly. Revenue from Use of Money and Property dropped $33,900 or 11.23% due to decreased rental income from the Commonwealth Building. Grants-in-Aid Commonwealth are up $338,000 or 7.34%. Social service reimbursements from the Commonwealth for day care service benefits increased, as did alcoholic beverage control tax and rental car tax. Rolling stock tax, which is received annually, rose 9.65% fi'om FY98. Charges for Services declined $55,000 or 7.54% due to a decrease in weed cutting and demolition charges which was partially offset by an increase in circuit court clerk fees. Miscellaneous Revenue rose 156.70% or $47,000 due to a timing difference. A surplus sale was held in September of FY99, while the surplus sale was not held until November of FY98. Internal Services decreased $79,000 or 22.95% due to a decline custodial service billings. Fire safety billings also decreased due to a timing difference. Honorable Mayor and Members Roanoke City Council November 2, 1998 Page 2 EXPENDITURES AND ENCUMBRANCES Expenditures and encumbrances in the General Fund have increased 8.65% or $4,023,000 since FY98. Variances in individual expenditure categories are discussed as follows: General government expenditures increased $600,000 or 23.73%. CIS charges to the Department of Finance are up due to systems development related to implementation of the new release of the accounting soRware. Expenditures of thc Office of Billings and Collections arc up due to the purchase of computer equipment and increased CIS charges. CIS charges to thc Commissioner of Revenue increased due to systems development related to the personal property tax relief act mandated by the state. Judicial Administration expenditures rose $142,000 or 13.21%. Personal service costs of the Sheriff and Commonwealth Attorney are up. Personal service and equipment expenditures by the Clerk of Court also increased, but were partially offset by a decrease in administrative supplies expenditures. Public Safety expenditures are up 14.93% or $1,398,000 due to increased personal service costs of the Jail and Fire Operations. Police patrol expenditures rose due to increased personal service and fleet management charges. Health and Welfare expenditures increased $1,052,000 or 25.14%. Due to welfare reform, the City now receives more funding designated for day care service payments. Day care service benefits provided to clients increased substantially from FY98 to FY99 as a result. Personal service costs of social services income maintenance department also increased. Parks, Recreation and Cultural expenditures rose $180,000 or 15.77% as a result of increased expenditures and a decline in reimbursements received by the Recreation department. Publication and subscription expenditures by the Library also increased. Community Development expenditures are up 32.92% or $190,000 due to timing differences in payment of quarterly membership dues to the Roanoke Valley Convention and Visitors Bureau and contributions to Hotel Roanoke Conference Center. Transfer to Debt Service Fund is up 32.55% or $1,962,000. This increase is caused by an additional amount being transferred in FY99 for the principal and interest payment made on August 1, 1998 for the 1997 bonds. Nondepartmental expenditures are down $1,931,000 or 64.61% due to decreased subsidy transfers to thc civic center and transportation funds. This is primarily due to a timing difference and will be mom comparative as payments are made throughout the year. I would be pleased to answer any questions which City Council may have regarding the monthly financial statements. JDG/THT/pac irector of F~n~tnce Attachments Balance July 1, 1998 Ordinance Number Date CMT 138 07/31/98 33974 08/17/98 33985 08/17/98 CMT 142 08/19/98 CMT 318 08/24/98 CiTY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE SEPTEMBER 30, 1998 DePartment Utilities & Operations Transfer to Grant Fund Transfer to Grant Fund Planning & Community Development Memberships & Affiliations Balance September 30, t998 Purpose Funding for a Portion of Shuttle Service to Victory Stadium on July 4 Local Match for Drug Prosecutor Grant Local Match for VJCCCA Grant Funding for Passenger Station Rezoning Advertising Roanoke Sister Cities $379,244 (2,967) (14,806) (2,545) (35o) (2,5oo) $356,076 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Miscellaneous Revenue Internal Services Total Year to Date for the Period July I - Sept 30 July I - Sept 30 Percentage 1997-98 1998-99 of Change $13,370,628 $13,428,057 0.43 % 7,164,734 7,549,358 5.37 % 171,408 206,927 20.72 % 255,763 255,355 (0.16) % 302,311 268,347 (11.23) % 4,600,207 4,938,045 7.34 % 8,492 8,565 0.86 % 730,529 675,452 (7.54) % 29,735 76,330 156.70 % 343,213 264,434 (22.95) % $26,977,020 $27,670,870 2.57 % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $68,208,685 19.69% 51,752,919 14.59% 623,800 33.17% 1,035,000 24.67% 1,043,760 25.71% 40,209,167 12.28% 34,260 25.00% 3,271,270 20.65% 274,300 27.83% 2,133,773 12.39% $168,586,934 16.41% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Expenditures General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Total Year to Date for the Period Current Fiscal Year July 1 - Sept 30 July 1 - Sept 30 Percentage Unencumbered Revised 1997-98 1998-99 of Change Balance Appropriations $3,129,650 23.73 % 1,212,945 13.21% 10,761,271 14.93 % 8,596,957 1.14 % 5,236,644 25.14 % 1,317,903 15.77 % 765,653 32.92 % 7,987,925 32.55 % 10,461,757 3.31% 1,057,734 (64.61) % $50,528,339 8.65 % $2,529,512 1,071,365 9,363,643 8,500,264 4,164,459 1,138,376 576,011 6,026,233 10,126,532 2,989,141 $46,505,536 $8,110,997 3,261,250 29,522,017 15,465,175 18,783,783 3,035,083 2,002,066 2,754,701 31,385,272 5,718,259 $120,038,603 $11,240,647 4,474,195 40,283,288 24,062,132 24,020,327 4,352,986 2,767,719 10,742,626 41,647,029 6,775,993 $170,566,942 Percent of Budget Obligated 27.64% 27.11% 26.71% 35.73% 21.80% 30.28% 27.66% 74.36% 25.00% 15.61% 29.62% 2 CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total Year to Date for the Period July I - Sept 30 July I - Sept 30 1997-98 1998-99 Percentage of Change $1,333,249 $1,400,538 5.05 % 7,340,596 8,968,030 22.17 % 37,318 52,948 41.88 % 383,615 234,829 (38.79)% 10,126,532 10,461,757 3.31% 2,859,756 2,174,270 ~3.97)% $22,081,066 $23,292,372 6.49 % Current Fiscal Year Percentof Revised Revenue Revenue Estimate Estimates ReceNed $8,269,520 16.94% 35,953,544 24.94% 2,924,162 1.81% 3,158,735 7.43% 41,847,029 25.00% 2,911,939 NA $95,064,929 24.60% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period July I - Sept 30 July I - Sept 30 Expenditures 1997-98 1998-99 Instruction $9,760,874 $10,174,896 General Support 831,586 813,876 Transportation 355,896 451,136 Operation and Maintenance of Plant 2,312,449 2,118,105 Food Services 471,473 567,048 Facilities 1,692,529 1,127,060 Other Uses of Funds 3,141,958 3,531,142 Special Purpose Grants 3,139,439 2,911,939 Total $21,706,204 $21,695,202 Percentage of Change 4.24 % (2.13)% 26.76 % (8.40) % 20.27 % (33.41) % 12.39 % (7.25) % (o.o5) % Current Fiscal Year Unencumbered Baisnce $57,900,027 2,581,472 2,769,775 7,241,208 3,582,146 617,971 $74,692,599 Revised Appropriations $68,074,923 3,395,348 3,220,911 9,359,313 4,149,194 1,127,060 4,149,113 2,911,939 $96,387,801 Percentof Budget Obligatad 14.95% 23.97% 14.01% 22.63% 13.67% 100.00% 85.11% N/A 22.51% CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF SEPTEMBER 30, 1998 General Government Public Safety Community Development Recreation Streets and Bridges Sanitation Projects Traffic Engineering & Communications Other Infras~ucture Projects Capital Improvement Reserve Expenditures Unexpended Outstanding Unobligatsd Budget To Date Balance Encumbrances Balance $16,142,608 $10,891,738 $5,250,870 $469,574 $4,781,296 362,350 155,099 207,251 40,578 166,673 1,081,000 204,620 876,380 835,255 41,125 1,765,783 608,310 1,157,473 211,758 945,715 23,258,665 15,200,176 8,058,489 5,371,606 2,686,883 1,362,308 992,939 369,369 81,837 287,532 2,383,764 1,823,247 560,517 358,963 201,554 20,446,684 8,161,383 12,285,301 4,794,908 7,490,393 13,683,540 13,683,540 13,683,540 Total $80,486,702 $38,037,512 $42,449,190 $12,164A79 $30,284,711 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF SEPTEMBER 30, 1998 Education Capital Improvement Reserve Total Expenditures Unexpended Outstanding Budget To Dats Balance Encumbrances $40,197,622 $28,345,086 $11,852,536 $10,410,460 (12,314,321) (12,314,321) $27,883,301 $28,345,086 ($461,785) $10,410,460 Unobligatsd Balance $1,442,076 (12,314,321) ($10,S72,245) 4 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 1998 Operating Revenues Commercial Sales Domestic Sales Industrial Sales Town of Vinton County of Roanoke City of Salem Customer Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Rent Miscellaneous Revenue Interest and Fiscal Charges Net Nonoperating Expenses Net Income FY1999 $834,851 796,385 62,344 6,027 470,666 13,888 136,660 2,320,821 393,438 716,243 352,254 1,461,935 858,886 81,483 10,532 6,687 (332,631) (233,929) $624,957 FY1998 $801,596 758,189 58,585 5,596 416,837 171,435 2,212,238 330,385 676,765 350,334 1,357,484 854,754 79,492 5,170 12,986 (365,313) (267,665) $587,089 5 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 1998 Operating Revenues Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues Interest on Investments Miscellaneous Revenue Net Nonoperating Revenues Net Income FY 1999 $1,959,421 204,828 24,664 144,596 25,372 42,250 36,798 2,437,929 465,856 1,117,690 245,034 1,828,580 609,349 194,691 6,168 200,859 $810,208 FY 1998 $1,882,170 222,334 58,934 146,051 24,746 54,837 12,596 2,401,668 399,069 972,093 241,338 1,612,500 789,168 128,767 7,285 136,052 $925,220 6 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 1998 Operating Revenues Rentals Parking Fee Event Expenses Adverlising Admissions Tax Electrical Commissions Novelty Fees Charge Card Fees Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues Transfer from General Fund Interest on Investments Miscellaneous Total Nonoperating Revenues Net Loss FY1999 $80,671 3,131 17,878 244 5,053 1,820 11,159 354 275 120,585 270,460 298,839 100,286 669,585 (549,000) 5,000 18,128 1,119 24,247 ($524,763) FY 1998 $85,021 14,233 27,064 3,085 31,270 16,063 12,539 189,275 215,759 224,503 102,744 543,006 (353,731) 915,162 8,616 1,699 925,477 $571,746 7 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 1998 Operating Revenues Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenues Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Interest and Fiscal Charges Transfer from General Fund Operating Subsidy for GRTC Miscellaneous Net Nonoperating Expenses Net Income(Loss) FY 1999 $73,084 110,039 44,777 90,465 64,289 15,880 398,534 165,171 136,165 301,336 97,198 (309) (141,916) (257,065) 733 (398,557) ($301,359} FY1998 $66,796 101,903 42,737 94,531 62,493 23,257 391,717 161,734 136,014 297,748 93,969 (5,277) (87,159) 1,047,773 1,218 956,555 $1,050,524 8 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 1998 Operating Revenues Conference Center Total Operating Revenues FY 1999 CONFERENCE COMMISSION (1) CENTER (2) $ - $ 629,758 $ TOTAL FY 1998 629,758 $ 713,641 629,758 629,758 713,641 Operating Expenses Commission Conference Center Total Operating Expenses 54,183 54,183 11,584 615,314 615,314 589,740 54,183 615,314 669,497 601,324 (54,183) 14,444 (39,739) 112,317 Net Operating Income (Loss) Nonoperating Revenues (Expenses) Contribution from City of Roanoke Contribution from Virginia Tech Proceeds from Brick Sales Interest on Investments Conference Center 43,750 - 43,750 - 12,140 - (5,669) 43,750 43,750 275 12,140 4,396 (5,669) (3,236) Net Nonoperating Revenues (Expenses) 99,640 (5,66~ 93,971 1,435 Net Income Before Depreciation 45,457 8,775 54,232 113,752 Depreciation Expense/Replacement Reserve 116,247 12,596 128,843 130,508 Net Loss ($70,790) ($3,821) ($74,611 ) ($16,756) Notes to Financial Statement: (1) The column entitled "Commission" represents Commission activity in the City's financial records. (2) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree Management. CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 1998 Operating Revenues Charges for Services Total Operating Revenues Operating Expenses Personal Ser~ces Operating Expenses Depreciation Total Operating Expenses Operating Income (Loss) Nonoperating Revenues (Expenses) Interest Revenue Transfer from other funds Net Nonoperating Revenues (Expenses) Net Income (Loss) TOTALS City Information Materials Management Utility Line Fleet Risk Systems Control Services Services Management Management FY 1999 FY 1998 $1,124,153 $31,273 $31,780 $830,225 $1,093,279 $1,397,961 $4,508,671 $4,027,012 1,1 24,153 31,273 31,780 830,225 1,093,279 1,397,961 4,508,671 4,027,012 408,651 26,796 6,956 645,668 337,444 47,148 1,472,663 1,172,866 362,100 4,100 70,903 143,490 225,774 1,848,347 2,654,714 2,110,431 120,541 461 3,595 36,168 429,089 589,854 587,576 891,292 31,357 81,454 825,326 992,307 1,895,495 4,717,231 3,870,673 232,861 (84) (49,674) 4,~ 100,972 (4,97,534.) (208,560) 156,139 47,971 (1,294) 3,024 18,474 6,202 131,360 205,737 196,430 . 95,068 47,971 (1,294) 3,024 18,474 6,202 131,360 205,737 291,498 $280,832 ($1,378) ($46,650) $23,373 $107,174 ($366,174) ($2,823) $447,637 10 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED SEPTEMBER 30, 1998 TO THE DIRECTOR OF FINANCE: SEPT 30, 1998 SEPT 30, 1997 GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED SEPTEMBER 30, 1998. BALANCE AT BALANCE AT BALANCE AT FUND AUG 31, 1998 RECEIPTS DISBURSEMENTS !GENERAL $3,024,916.35 $37,080,457.20 $3,698,471.73 $36,406,901.82 WATER 5,331,427.41 56,513.06 873,048.50 4,514,891.97 !SEWAGE 17,463,600.09 3,790,687.25 5,429,021.57 15,825,265.77 CiViC CENTER 1,248,054.14 102,737.10 92,437.81 1,258,353.43 TRANSPORTATION (388,821.22) 152,919.59 54,920.68 (290,822.31) CAPITAL PROJECTS 37,678,257.63 140,415.26 2,488,422.80 35,330,250.09 CONFERENCE CENTER 883,488.08 43,750.00 15,096.29 912,141.79 i JUVENILE DETENTION 0.00 0.00 331.28 (331.28) [DEBT SERVICE 3,268,650.42 939.18 8,266,963.80 (4,997,374.20) CITY INFORMATION SYSTEMS 3,672,310.82 5,462.88 375,790.66 3,301,983.04 . MATERIALS CONTROL (7,061.72) 475.00 150,368.49 (156,955.21) MANAGEMENT SERVICES 233,480.68 0.00 16,269.12 217,211.56 UTILITY LINES SERVICES 1,625,382.05 0.00 176,170.25 1,449,211.80 FLEET MANAGEMENT 642,908.97 450.19 142,201.82 501,157.34 PAYROLL (8,009,200.00) 1,908.60 20,959,484.10 (28,966,775.50) RI SK MANAGEMENT 10,160,123.06 14,413.16 880,765.51 9,293,770.71 HIGHER EDUCATION AUTH 62,297.98 5,379,000.01 526.73 5,440,771.26 i PENSION 452,486.18 1,210,895.75 31,393.36 1,631,988.57 SCHOOL FUND 11,053,494.95 4,506,087.87 4,084,226.73 11,475,356.09 SCHOOL CAPITAL PROJECTS (194,894.28) 5,430.63 1,893,109.42 (2,082,573.07) FDETC 127,132.01 250,680.77 154,973.61 222,839.17 GRANT 653,885.89 785,221.07 202,104.27 1,237,002.69 TOTAL $12,919,241.161 5,461,512.39! 22,264,642.40 I 465,529.56! (443,000.53) 30,526,787.86 318,635.44 0.00 3,223,844.00 2,181,580.23 (38,419.001 235,257.09 1,835,255.24 1,644,851.89 , (8,644,101.16 8,917,039.04 o.ooi 160,431.57~ 12,639,837.08: o.ooi 148,904.95! 881,155:36i $88,981,919.49 $53,528,444.57 $49,986,098.53 $92,524,265.53 $94,~8784.57 ! CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED SEPTEMBER 30, 1998. THAT SAID FOREGOING: CASH: CASH IN HAND 'CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: OVERNIGHT INVESTMENT COMMERCIAL PAPER REPURCHASE AGREEMENTS U. S. TREASURY NOTES VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL $824,018.56 133,409.19 14,455,000.00 11,948,130.00 33,000,000.00 9,462,005.56 22,701,702.22 $92,524,265.53 DATE: OCTOBER 9, 1998 DAVID C. ANDERSON, TREASURER 11 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 3 MONTHS ENDING SEPTEMBER 30, 1998 Revenue Contdbu§ons Investment Income Gain on Sale of Investments Bond Discount Amortization TotalRevenue 1998 $1,078,049 771,817 866,793 7,347 $2,724,006 1997 $1,145,244 755,314 1,225,446 11,474 $3,137,478 Expenses Pension Payments Fees for Professional Services Bond Premium Amortization Active Service Death Benefits Administrati e Expense City Supplement to 65 Total Expenses Net Income $2,318,670 27,982 55,125 5,479 3,339 2,410,595 $313,411 $2,218,815 7,287 81,404 16,216 10,612 2,334,334 $803,144 12 CiTY OF ROANOKE PENSION PLAN BALANCE SHEET SEPTEMBER 30, 1998 Assets Cash Investments: (market value: Due from Other Funds Oth e r Assets Total Assets 1998 $292,659,502 1997 $270,548,574) 1998 $83,412 227,875,726 3,326 18,000 $227,980,464 1997 $157,112 211,892,356 18,000 $212,067,468 Liabilities and Fund Balance Liabilities: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Income - Year to Date Total Fund Balance Total Liabilities and Fund Balance $776,201 817 777,018 226,890,035 313,411 227,203,446 $227,980,464 $760,467 760,467 210,503,857 803,144 211,307,001 $212,067,468 13 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 November 5, 1998 File f~60-392 William D. Gee, President H. & S. Construction Company 2011 Salem Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Gee: I am enclosing copy of Resolution No. 34077-110298 accepting the bid of H. & S. Construction Company for construction of Phase II (also known as Phase 1 B) - Railside Linear Walk, in the total amount of $574,960.90; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 2, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Enclosure pc: The Honorable Sherman A. Holland, Commissioner of the Revenue W. Robert Herbert, City Manager William F. Clark, Director, Public Works Delores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management H:~A, OENOAg~V~)V2.~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34077-110298. AN ORDINANCE accepting the bid of ri. & S. Construction Company for construction of Phase II (also know as Phase lB) - Railside Linear Walk, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of ri. & S. Construction Company, in the total amount of $574,960.90, for construction of Phase II (also known as Phase lB) - Railside Linear Walk, as is more particularly set forth in the City Manager's report dated November 2, 1998, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. Mary F. Parker, CMCIAAE c~ CITY OF ROANOKE Office of the City Clerk November 5,1998 File f~60-392 8andra H. Eakin D, puty city Ck~rk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34076-110298 amending and reordaining certain sections of the 1998-99 Capital Projects Fund Appropriations, providing for appropriation of $631,961.00, in connection with a bid submitted by H. & S. Construction Company for construction of the Railside Linear Walk, Phase II project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 2, 1998. Sincerely, City Clerk MFP:Io Attachment pc: The Honorable Sherman A. Holland, Commissioner of the Revenue W. Robert Herbert, City Manager William F. Clark, Director, Public Works Delores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of November, 1998. No. 34076-110298. 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: A~)~)rooriations Recreation $ 2,397,744 Railside Linear Walk Phase II (1) ............................. 631,961 Capital Improvement Reserve $13,051,579 Public Improvement Bonds - Series 1996 (2) .................... 3,901,366 1) Appropriated from Bond Funds (008-052-9717-9001) $ 631,961 2) Parks (008-052-9701-9180) (631,961) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. November 2, 1998 Council Report No. 176 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT RAILSIDE LINEAR WALK - PHASE II BID NO. 98-8-50 PROJECT NO. 6334 We, the undersigned Bid Committee, hereby submit the attached report for your consideration. Respectfully submitted, W. Alvin Hudson William F. Clark CES/CDA/bs Attachment: Bid Committee Report C; City Attorney City Clerk Director of Finance Director of Public Works Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue November 2, 1998 Council Report No. 176 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT RAILSIDE LINEAR WALK - PHASE II BID NO. 98-8-50 PROJECT NO. 6334 I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. -Sincerely, W. Robert Herbert City Manager WRH/CDA/bs Attachment: Bid Committee Report C,' City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue November 2, 1998 Council Report No. 176 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT RAILSIDE LINEAR WALK - PHASE II (also known as Phase lB) BID NO. 98-8-50 PROJECT NO. 6334 II. Background on the subject in chronological order is as follows: Railside Linear Walk Project will connect the Historic Market area and the Vir_ainia Museum of Transportation. The walkway follows the main line of the Norfolk Southern Railway located along Norfolk Avenue and continues to the south side of the Warehouse Row buildings. B. The _Dro!ect will be constructed in four phases. Phase I, which consists of curb and gutter improvements on the south side of Norfolk Avenue between First and Jefferson Streets, has been completed. Phase II (also known as Phase lB) consists of the construction of the new curb and _autter on the north side of Norfolk Avenue between Market and First Streets and the roadway improvements between the north and south curbs in this two-block segment. The remaining two phases will be advertised for bids pending conclusion of right-of-way acquisition. Current situation is as follows: A. Phase II lals0 known as Phase lB) of the pro!ect was advertised on Sunday. Se_~tember 6, 1998, and bids were publicly opened and read aloud on Thursday, SeDtember 24, 1998. B. The Engineer's Estimate i$ ~590,989.00. C. H. & S. Construction Company of 2011 Salem Avenue, S.W., Roanoke, Virginia, 24016, submitted the sole bid in the amount of $574,960.90. D. The total construction cost of the project is estimated as follows: Construction Contract $574,960.90 Contingency 57,000.00 Total $631.960.90 Honorable Mayor and Members of City Council BID COMMITTEE REPORT RAILSlDE LINEAR WALK - PHASE II (also known as Phase lB) BID NO. 98-176 PROJECT NO. 6334 November 2, 1998 Page 2 III. Issues in order of importance are as follows: A. Cost B. Funding C. Schedule IV. Alternative~ in order of feasibility are as follows: Authorize the City Manager to execute a unit price contract, in a form approved by the City Attorney, to H. & S. Construction Company, in the amount of $574.960.90, with a contingency of $57.000 and with 180 calendar days for complete construction of Phase II (also known as Phase lB) of Railside Linear Walk. 1. Cost is 2.7% below the Engineer's Estimate of $590.989.00. Funding totaling $631,960.90 is available from the 1996 Bond Proceeds and may be appropriated to a project account number. 3. The current scheduled construction completion is Spring, 1999. Do not authorize the City Manaoer to execute a contract with H. & S. Construction Company. 1. Cost would be based on future bids. 2. Funding would remain available in 1996 Bond Proceeds. The schedvle will be delayed. The scheduled completion date of Phase II may be later than Spring, 1999 which could extend the projected completion date of the remaining phases. Recommendation is as follows: City Council concur in alternative "A" and take the following actions: Honorable Mayor and Members of City Council BID COMMITTEE REPORT RAILSlDE LINEAR WALK - PHASE II (also known as Phase lB) BID NO. 98-176 PROJECT NO. 6334 November 2, 1998 Page 3 Bo Authorize the City Manager to execute a unit price contract, in a form approved by the City Attorney, to H. & S. Construction Company, in the amount of $574.960.90 with 180 calendar days for complete construction of Phase II (also known as Phase lB) of Railside Linear Walk with a project contingency of $57.000.00. Agpro_Driate $631.961.00 to an account established by the Director of Finance for Railside Linear Walk Phase II (also known as Phase lB). CDA/bs Attachment: Bid Tabulation C: City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue TABULATION OF BIDS RAILSIDE LINEAR WALK - PHASE II (also known as Phase lB) BID NO. 98-5-50 PROJECT NO. 6334 Bids were opened by D. Darwin Roupe, Manager, Office of Supply Management, on Thursday, September 24, 1998, at 2:00 p.m. Estimated Cost: $590,989.00 Office of the City Engineer Roanoke, Virginia November 2, 1998 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 November 2, 1998 Council Members: C. Nelson Harris W. Alvin Hudson Carroll E. Swain James O. Trout William White, Sr. Linda E Wyatt The Honorable Mayor and Members of City Council Roanoke, Virginia Re: 1999 Le~ialative Pro_re'am Dear Mayor Bowers and Council Members: On October 26, 1998, City Council's Legislative Committee met to review the proposed 1999 Legislative Program. A copy of the City portion of the Legislative Program is attached. After careful review, the Committee recommended the City portion of the Program and commends it to City Council for favorable action. The School Board portion of the Program will be considered by the School Board for the first time at its meeting of November 10, 1998. After approval by the full School Board, this portion of the Program will be forwarded to City Council at its meeting of November 16. At that time, Council will be asked to adopt a resolution approving the entire Program. As you know, the City Council and School Board are scheduled to meet with our delegation on December 7, 1998. The City's 1999 Legislative Program highlights the work of the Commission on the Condition and Future of Virginia's Cities which was created by the 1998 Session. The Commission, of which Delegate Thomas is a member, is charged with the responsibility of reviewing the condition of Virginia's cities and recommending legislation that will improve the financial position of cities, improve the quality of life in cities and enable cities to better respond to meet urban needs. This Legislative Program responds to the Commission's request for specific legislative proposals that will improve the lot of Virginia's cities. The Program specifically notes that the General Assembly has under funded its HB 599 funding obligation by $610 million since 1980 because appropriations to local governments have not been adjusted to keep pace with increases in State general fund revenues as required by State Code. In Fiscal Year 1999 alone, the City was shortchanged $2.3 million. The Program also suggests that urban conditions would be improved by stronger funding of the Regional Competitiveness Act which was created to provide incentives for regional cooperation. The Honorable Mayor and Members Of City Council November 2, 1998 Page 2 Finally, under a new section entitled "Proposals to Combat Urban Blight" (pages 13 -15), the 1999 Legislative Program sets out five specific proposals that will improve the quality of life in urban areas at no cost to the Commonwealth. As Chair of the Legislative Committee, I wish to thank the other members of the Committee who are Vice-Mayor Harris and Ms. Wyatt of this Council and Mr. Wishneff and Mr. Webster Day of the School Board. We also wish to thank Tom Dick, Legislative Liaison, and Will Dibling, City Attorney, who coordinated and prepared this Program. This report can only highlight several key provisions of the Legislative Program. As Chair of the Legislative Committee, I commend the entire Program to City Council for its careful study and review. Upon completion of this review, I am confident the members of the Council will agree that the recommended Program will advance the legislative interests of this City and its people at the 1999 Session. Respectfully submitted, William White, Sr., Chairman Legislative Committee WWSr:f Attachment cc: W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney F. B. Webster Day, Member, School Board Brian J. Wishneff, Member, School Board E. Wayne Harris, Superintendent Richard L. Kelley, Assistant Superintendent for Operations and Legislative Liaison Mary F. Parker, City Clerk Thomas A. Dick, Legislative Liaison 1999 LEGISLATIVE PROGRAM Outline of Issues POLICY STATEMENTS Effective Government Mandates Clarification of State and Local Responsibilities Revenue and Finance Special Needs of Central Cities Without Annexation Power Economic Development Transportation Zoning and Land Use KEY ISSUES AND LEGISLATIVE PROPOSALS Commission on the Condition and Future of Virginia's Cities HB 599 Funding Roanoke Higher Education Authority Regional Competitiveness Act Funding Freedom of Information Act OTHER LEGISLATIVE PROPOSALS AND POSITIONS [To be supplied by School Board] General Government Cultural Agencies - State Support for Year 2000 Problem Governmental (Sovereign) Immunity Mental Health Funding Notice of Claims Heart, Lung and Cancer Presumptions Collective Bargaining Liens Against Real Estate for Unpaid Water Bills Pronosals to Combat Urban Blight Tax Abatement for New Residential Construction in Conservation, Redevelopment and Rehabilitation Districts Vacant Buildings- Registration Fee Inoperable Motor Vehicles- Authority to Prohibit Keeping in Industrial Zones Delinquent Tax Sale Process; Waiver of Taxes and Liens Taxation: Revenue State-Local Tax Structure Local Funding Issues Business, Professional and Occupational License Tax Comprehensive Services Act Sales Tax- Elimination of Tax on Food Products for Home Consumption Transoortation Transportation (Including Mass Transit) Funding Interstate 73 Smart Road - Improved Access to Blacksburg/Virginia Tech Interstate 66 Extension of Passenger Rail Service Highway Maintenance 3 POLICY STATEMENTS EFFECTIVE GOVERNMENT Local governments were originally organized to provide essential services and protection that citizens could not or would not provide for themselves. Examples of such essential local services are education, provision for health and welfare, police and fire protection, delivery of safe water and sewage treatment. Local governments and their officials are continually striving for economy, effectiveness, responsiveness, efficiency and productivity in delivery of such services. Unfortunately, the essential services for which local governments were originally created have been overshadowed by numerous less critical programs mandated by the federal and State governments. The federal and State governments should recognize that local governments are the best vehicle for the delivery of basic public services because local governments are closest to the people and most responsive to their needs. Furthermore, basic public services cannot be provided in the most effective way if the State attempts to dictate in minute detail the structure of all local government, the administrative and legislative procedures to be followed tmifonnly by all local governments and the details of all programs administered at the local level. The City opposes State intrusions in the way local governments conduct their business, including the way council meetings are conducted, procedures for adopting ordinances, what can be addressed by ordinance and what by resolution, purchasing procedures and establishment of hours of work, salaries and working conditions for employees. According to the Joint Legislative Audit and Review Commission, Virginia's local governments are subject to 391 Federal and State mandates. These mandates require localities to perform duties without consideration of local circumstances, costs or capacity and require localities to redirect their priorities to meet federal and State objectives regardless of other pressing local needs and priorities affecting the health, safety and welfare of citizens. The cumulative effect of federal and State legislative and regulatory mandates has exacerbated the already serious financial problems of local governments. Several years ago, the General Assembly began the fiscal note process by which cost estimates for proposed legislation are completed prior to final review of the legislation by a committee. Additionally, the 1993 Session amended the State Code to require (1) that all State agencies review all mandates imposed on local govermnents with the objective of determining which mandates may be altered or eliminated and (2) that the Commission on Local Government prepare and annually update a catalog of Federal and State mandates. It is essential that the state fully fund all state mandates, including public employee salaries. CLARIFICATION OF STATE AND LOCAL RESPONSIBILITIES The increasing trend towards community-based programs requires carefully addressing the significant long-term issues of local vs. state roles and responsibilities for administration and funding of these programs. The City asks the General Assembly to request JLARC to update its 1993 study on state/local service delivery responsibilities to reflect the changes that have occurred in state/local relations and federal/state relations. To improve the relationship of the state and local govenunents, the state must: leave the taxing authority and revenue sources of local governments alone; pay a greater share of the costs of education; grant local governments the authority to deal effectively with social problems; recognize the authority of local government in planning and land use control; develop a state urban policy that a) addresses issues of local governmental structure and intergovernmental relations, b) encourages the retention or expansion of state facilities or operations in existing urban centers, and c) defines how state and local governments deal with each other. REVENUE AND FINANCE The City is vitally concerned over the continued erosion of local revenue sources. The General Assembly is urged not to cap, remove or further restrict any revenue sources that are currently available to localities, including taxing authority and user fees. Historically, real and personal property taxes have been the foundation of local tax revenues. The State's restriction and erosion of other local sources, however, has resulted in over reliance on property taxes, placing local governments in fmancial jeopardy. The Joint Legislative Audit and Review Commission's (JLARC's) own study shows that the real property tax rate in Virginia is the second highest among fifteen Southern states and fifty percent higher than nine Southern States. The City supports additional and more equitable sources of revenue, but the decision on which, if any, local revenue sources should be reduced or eliminated should be strictly a local decision. SPECIAL NEEDS OF CENTRAL CITIES WITHOUT ANNEXATION POWER The larger, more urbanized, central cities of the Commonwealth, such as this City, provide a full range of public housing health, mental health, transportation, social and humanitarian services. School systems in these cities provide excellent special education programs, and private charities located in central cities provide a broad range of charitable assistance. These factors make the Commonwealth's central cities a magnet for those in need of services. 5 The City has made tremendous strides in economic development. Downtown has been revitalized; industrial parks have been established; and new businesses and industries have been attracted. It is unlikely, however, that these recent successes can be sustained over the long term. In this regard, the major problem facing the City is an inadequate inventory of developable land. Much of our mountainous terrain is either undevelopable or developable only at tremendous costs. Other land in the heart of the Roanoke Valley is subject to flooding and undevelopable. Roanoke's peculiar problems are compounded by the need of central cities to provide welfare, public safety, transportation, and water and sewer services at a level not required in adjoining suburban or rural localities. These services benefit the entire region, but are paid for primarily by City taxpayers. Historically, the fiscal stress of central cities has been relieved by annexation. The power of annexation has, without logic, been denied to the central cities which need it most. If the central cities of the Commonwealth are to remain strong, viable units of government, which is in the best interest of the Commonwealth, decisive action needs to be taken. Ultimately, the General Assembly should reevaluate Virginia's unique system of independent cites, which requires the City to fund services benefiting adjoining localities. In the meantime, the legislature should: a) provide special state funding for such regionally beneficial services; b) create financial incentives to encourage governmental integration of independent cities with adjoining counties; and c) allow for cities with populations of less than 125,000 to make the transition to town status. ECONOMIC DEVELOPMENT City Council calls upon the Governor and the General Assembly to develop an economic development strategy for the Commonwealth and its local governments. The Commonwealth is implored to form a partnership with local governments, the business community and economic development experts to develop the strategy. The strategy should recognize the international economy in which Virginia local governments are competing and include special funding for international trade missions. The strategy should also recognize small business incubators as a vital element and provide funding, perhaps on a State matching basis, to local governments that undertake to develop and operate incubators. The strategy should include special programs for those areas west of the Blue Ridge mountains and central cities across the Commonwealth. Each of these areas will need special financial assistance from the State if we are to have balanced growth across the Commonwealth. The economic strategy should include additional educational funding for central cities. With shrinking labor pools in central cities across the State, new and existing businesses cannot afford to have young adults in these cities become unemployable. Special efforts must be made now through additional educational funding to save these at risk children. 6 r~ Tourism and convention activities that enhance the economic well being of the Commonwealth and its political subdivisions should be recognized as legitimate components of economic development. We urge the General Assembly to look closely at the way State tourism dollars are spent and to insure their fair distribution. Western Virginia has, in the past, not received a proportionate share of the dollars spent by the State tourism office, and there has been little emphasis on promoting the Virginia mountains. TRANSPORTATION An adequate transportation system is vital to the economic well-being of the Commonwealth and this region. Safe, convenient and efficient movement of people, goods and services is essential for the Commonwealth and its regions to compete successfully in the global marketplace. Public transportation is an essential element of the transportation system which should be an integrated and balanced intermodal system. Reliable, dedicated sources of funding for public and other modes of transportation need to be determined and put in place. ZONING AND LAND USE One of the most important functions of local governments is local planning and land use control. This is appropriate because there is no entity better suited to make key land use decisions on behalf of any locality than the local governing body. In making land use decisions in this City, Council is guided by a comprehensive plan developed through a citizen-based planning process. City Council views with increasing alarm recent efforts of the General Assembly to control local land uses. The Council opposes any legislation that would restrict present land use powers of local governments to establish, modify and enforce zoning classifications. Local governments should remain free to adopt and enforce zoning changes that address local land use needs. KEY ISSUES AND LEGISLATIVE PROPOSALS COMMISSION ON THE CONDITION AND FUTURE OF VIRGINIA'S CITIES The 1998 General Assembly created the Commission on the Condition and Future of Virginia's Cities. The Commission is authorized to identify Virginia's cities' strengths and needs; develop a demographic profile of Virginia's cities; review all state laws pertaining to the .jurisdictional boundaries and governing structure of Virginia's cities and determine whether and the extent to which such laws have contributed to the urban crisis in cities; assess the current social and economic condition of Virginia's cities including their ability to provide vital public services and to attract and sustain business and industry; determine the impact of state and federal laws and regulations on the ability of cities to provide required services with limited resources; analyze the impact of the migration of middle class families from cities and the relocation of business and industry, particularly in the inner city, on the city's tax base, public schools, racial polarization, and quality of life; analyze the funding formulas for state aid to localities; and compare Virginia's cities to comparable cities in other states with regard to the delivery of vital public services. The Commission is charged with recommending such statutory, policy, and regulatory changes and initiatives as the Commission deems necessary. City Council commends the General Assembly for creating the Commission to make this long needed study. The work of the Commission is important to cities that have long faced di~cult fiscal issues and growing local service needs. City Council urges that substantive recommendations be made by the Commission and that the General Assembly take action to address the many significant problems facing cities throughout the Commonwealth. liB 599 FUNDING In 1979, the General Assembly enacted an annexation package pursuant to which an annexation moratorium was imposed, and all localities were provided additional State aid in the areas of administration of justice, law enforcement salaries, health care for indigents and street and highway construction and maintenance. The annexation package was intended partially to serve as compensation to cities for their loss of the annexation power and partially to provide more equitable funding for all local governments. The Commonwealth, however, has not kept its end of the bargain. Section 14.1-84.4, of the State Code provides as follows as to HB 599 funding: "... the percentage change in the total amount of funds to be distributed for any fiscal year from the preceding fiscal year shall be equal to the anticipated percentage change in general fund collections for the same time period as stated in the Appropriations Act." The State, however, has not fimded the program as required by the Code. HB 599 funding has not increased since 1990, and, in fact, there was a considerable decrease in 1992 as a result of the recession. If the State had continued to fund this program as the Code requires, this year local governments would be receiving a total of $151 million, instead of the $67 million they have been receiving since 1992. By next year, the annual amount required will grow to at least $160 million. Statewide, the requirements of HB 599 have been under funded a total of $610 million since 1980. The budgeted FY 1999 allocation for the City of Roanoke is $1,861,151. The actual amount required to reflect general fund growth is $4,210,932. The loss to the City from this one year is $2,349.781. City Council calls upon the General Assembly to fully fund its HB 599 obligation. 8 ROANOKE HIGHER EDUCATION AUTHORITY The 1998 Session of the General Assembly created the Roanoke Higher Education Authority to own, construct, and operate the Roanoke Higher Education Center. At the same time, the General Assembly appropriated $5,379,000 for the capital needs of the Center and $62,500 for operating expenses of the Center for the first year of the biennium. $9,000,000 in capital funds had been requested from the 1998 Session. City Council supports thc General Assembly's appropriation of an additional $3,621,000 in capital funds that are necessary for renovation of the Center. City Council also supports appropriation of $162,500 to the Center for it operating expenses for the second year of the biennium. This is $100,000 more than the amount appropriated by the 1998 Session and is necessary for staffing costs of the Center. REGIONAL COMPETITIVENESS ACT FUNDLNG The 1996 Session of the General Assembly enacted the Regional Competitiveness Act. This Act establishes a formula and machinery for distribution of incentive funding to local governments that implement joint activities. The Act was initially funded with a $3 million appropriation and $5 million from the Governor's Opportunities Fund. The 1997 General Assembly appropriated an additional $3 million to fund the Act. The 1998 General Assembly further increased funding to $16 million. During 1998, the State approved funding under the Act for the 5* Planning District. The $427,000 made available under the Act will provide much needed funds to support important regional incentives. The General Assembly is urged to continue to increase funding for the Regional Competitiveness Act to make it a stronger program. Additional funding is needed for local governments to be able to pursue substantive regional initiatives. Sufficient and proportional funding should be provided to all regions of the state. FREEDOM OF INFORMATION ACT City Council supports the proposition that meetings should generally be open to the public and that public records should generally be accessible by the public. At the same time, it is recognized that there are a few instances in which the public's interests would be damaged by open discussion of certain subject matters or public access to certain records. The Virginia Press Association, Virginia Broadcasters' Association and Virginia Coalition for Open Government contend that there have been abuses of the Freedom of Information Act by public bodies in the Commonwealth. Almost all the anecdotal instances of abuse of the Act, however, constitute violations of the Act as it currently exists. Thus, rather than 9 substantial amendment of the current Act, the need seems to be for education of public bodies and enforcement of the current Act. In this regard, City Council looks favorably upon a state agency that would have the responsibility for educating public bodies and the public as to the requirements of the Act. City Council is, however, opposed to proposed amendments to the Act that would interfere with the ability of the City Council to receive confidential legal advice and to discuss real estate ~ansactions while the acquisition or disposition of property is in the negotiation stage as well as other proposed amendments that would damage the public's interests by requiring premature disclosure of information. OTHER LEGISLATIVE PROPOSALS AND POSITIONS EDUCA~ON [To be supplied by School Board] GENERAL GOVERNMENT CULTURAL AGENCIES - STATE SUPPORT FOR Local cultural institutions are an important part of the character of a city. In addition to adding to the quality of life of its citizens, these important entities support the economic well being of the community. The City of Roanoke is fortunate to have several institutions such as the Center in the Square and its constituent agencies and the Virginia Museum of Transportation that attract visitors to downtown and are important to people of this region in understanding our heritage. City Council is very appreciative of the General Assembly's funding of these regional cultural institutions and asks for continued state support for these important organizations. YEAR 2000 PROBLEM In 1998, the General Assembly acted to specifically provide immunity to the Commonwealth with respect to failure of computers, software and other equipment due to the Year 2000 problem. See §8.01-195.3(8), State Code. The City and School Board are making vigorous efforts to insure that all equipment and systems are Year 2000 compliant and that there will be no interruption of services. Notwithstanding these best efforts, it is conceivable that a glitch will occur due to circumstances beyond the control of the City or School Board. l0 Under these circumstances, the City and School Board should not be required to expend limited resources in defending litigation. The cities, counties and towns and school boards of the Commonwealth should be accorded the same immunity that is available to the Commonwealth with respect to the Year 2000 issue. GOVERNMENTAL (SOVEREIGN] IMMUNITY zIn recent years, the General Assembly has considered proposals to eliminate or roll back governmental (sometimes referred to as sovereign) immtmity for the Commonwealth's cities, counties and towns and official immunity for local government employees. These doctrines should be retained, and in fact strengthened, for, among others, the following reasons: Local governments would be forced by loss of immtmity to eliminate or cut back high risk functions or services, such as operation of nursing homes, parks and playgrounds and athletic programs, and such action is not in the public interest. Frivolous suits would be encouraged. Local governments would be viewed as a "deep pocket" making them an easy target for plaintiffs who could bring suit without even attempting to identify the employee allegedly at fault. Cost of local government would increase rapidly at a time when localities can ill afford a new major drain on financial resources. Cost of defense of litigation may be a more serious problem than the obvious cost of paying judgments. When the City and an employee are sued, conflicts may require a separate attorney for each party. A recent authoritative study shows that, of every $4 paid out by local government in litigation, $3 goes to legal costs; only $1 actually goes to compensate plaintiffs. Threats of harassing lawsuits may make local government officials less likely to act decisively where courageous or difficult actions are in order. Good government is difficult to achieve when officials operate under constant fear of lawsuits. The cap on liability under the Virginia Tort Claims Act is illusory. The $25,000 cap on liability under the Act was fu'st raised to $75,000 and was more recently raised to $100,000. Constant pressure will keep the cap spiraling upward. The City is opposed to any diminishment to governmental immunity of the Commonwealth's cities, counties and towns or the official immunity of local government employees or the 11 extension of the Virginia Tort Claims Act to localities. In fact, official immunity should be extended to certain groups of municipal employees and volunteers who are particularly vulnerable to suits which jeopardize the very existence of programs desired by the community, such as employees and volunteers serving as coaches and officials in youth athletic programs sponsored by the City. MENTAL HEALTH FUNDING With another round of deinstitutionalization apparently in the offmg, it is important that patients not be returned to localities without sufficient notification, planning, funding and technical support. Also, patients should be returned to their home communities to discourage concentration in urban areas and localities with facilities. It is State policy not to accept primary substance abusers in State facilities, but there is inadequate funding to provide needed local services. Adequate State funding should be provided for local treatment of substance abusers. Many people with traumatic brain injuries do not fall into the State's mental health, mental retardation or substance abuse categories and as a result do not receive necessary and appropriate treatment. Some end up in the criminal justice system or in facilities for the criminally insane. The State should expand its scope of mental health services to include those with traumatic brain injuries. Addressing the needs of this population unserved by the current system will reduce the impact on other local services. NOTICE OF CLAIMS Section 8.01-222, Code of Virginia (1950), as amended, requires that notice of personal injury and property damage claims against cities and towns be given in writing within six months after the occurrence. Compliance with §8.01-222 is simple; a claimant merely needs to state the nature of the claim and the fmc and place at which the injury occurred. Bills have been introduced at several recent sessions of the General Assembly to repeal this valuable notice requirement. Although compliance with §8.01-222 is simple, the notice requirement is vital to the Commonwealth's cities and towns. First, the notice provides the opportunity to correct any defect on public property which may have caused injury before another injury occurs. Second, the notice requirement affords the city or town a fair opportunity to investigate the facts and circumstances relating to a claim. The city has hundreds of miles of streets and sidewalks and usually becomes aware of a slip and fall or trip and fall only when notice is filed. Fresh notice is essential to the conduct of any meaningful investigation. If §8.01-222 is repealed, cities and towns will frequently first learn of a claim two years after the fact when suit is filed. This will deny any reasonable opportunity to conduct an investigation of the facts and circumstances relating to the injury. In this regard, a locality is unlike a private property owner who is usually aware immediately of an injury on his property. 12 The City believes that the notice requirement of §8.01-222 represents sound public policy and urges the defeat of any bill weakening or repealing §8.01-222. HEART. LUNG AND CANCER PRESUMPTIONS Police officers, deputy sheriffs and firefighters have the advantage of nearly irrebuttable presumptions that heart disease and hypertension are occupational diseases under thc Workers' Compensation Act. Firefightcrs have additional presumptions with respect to lung disease and certain forms of cancer. The City has expended or reserved $6.7 million for 38 heart, hypertension, lung and cancer awards made to public safety officers as a result of the statutory presumptions. The City supports legislative action to restore balance to the rebuttal process for the heart, hypertension, lung and cancer presumptions as was the intent of the original legislation. Compensability should be determined by establishing whether work or nonwork related risk factors are more likely the primary cause of the claimant's condition. The City is further opposed to extension of the current presumptions to other categories of public employees. COLLECTIVE BARGAINING Any legislation authorizing collective bargaining for public employees in general or for any public employee group should be opposed. The City has strived to develop effective means of communication which permit public employees to voice their concerns. Collective bargaining would be a detriment to the progress which has been made. PROPOSALS TO COMBAT URBAN BUGHT TAX ABATEMENT FOR NEW RESIDENTLAL CONSTRUCTION IN CONSERVATION. REDEVELOPMENT AND REHABILITATION DISTRICTS The Constitution of Virginia authorizes the General Assembly to provide for a partial exemption from local real estate taxation for renovated or rehabilitated property. See Article 10, §6(7)(h). Acting pursuant to the foregoing constitutional authority, the General Assembly has enacted §§58.1-3220 and 58.1-3221 of the State Code, providing for partial exemption from real estate taxation of certain rehabilitated or renovated residential, commercial and industrial structures. The City of Roanoke has utilized this authority to provide for a ten year tax exemption for renovated residential, commercial and industrial property that is at least twenty-five years of age to the extent of the increase in value resulting from the renovation. This program has created a valuable incentive for the renovation of older properties in the City. 13 In order to encourage new construction on vacant lots in inner City neighborhoods, a city should be allowed to partially abate real property taxes for new construction in conservation, redevelopment and rehabilitation districts. Such authority, which would require a constitutional amendment, would provide an incentive to property owners to construct on vacant lots and thereby improve the value of all properties in the neighborhood. VACANT BUILDINGS - REGISTRATION FEE Since 1993, the General Assembly has authorized localities to require the owners of vacant buildings to register such buildings on an annual basis and pay a registration fee not to exceed $25. See §15.2-1127 of the State Code. It is important for reasons of public health, safety and welfare that local government authorities be aware of what buildings in the community are vacant. Vacant buildings impose inordinate demands on the police, fire, building and health resources of a community. While the concept behind this law is sound, the fee does not cover the costs incurred by a locality in administering the program. To render § 15.2-1127 effective, the General Assembly should increase the fee to $500 to assist localities in addressing the additional costs of fire, police and inspection activities related to vacant properties. Such fee would also create a deterrent to property owners who might otherwise allow vacant properties to sit unproductive and deteriorate. INOPERABLE MOTOR VEHICLES - AUTHORITY TO PROHIBIT KEEPING IN INDUSTRIAL ZONES Section 15.2-1905 of the State Code authorizes the City and certain other local governments to prohibit the keeping of inoperable motor vehicles on any property zoned for residential, commercial or agricultural purposes. The City, however, has many grandfathered properties in industrial zones that continue to be used for residential purposes. Persons occupying residences in districts zoned for industrial purposes have no protection from the blight of inoperable motor vehicles. City Council requests the General Assembly to amend §15.2-1905 to provide for its application on any property zoned for "or used for" residential purposes. If amended as suggested, the City's authority to prohibit inoperable motor vehicles would not extend to property used for industrial purposes or to any licensed automobile dealer, salvage dealer, or scrap processor. DELINOUENT TAX SALE PROCESS: WAIVER OF TAXES AND LIENS The escheat process, conducted by escheators appointed by the Governor, was formerly available to transfer abandoned properties to more responsible grantees who received such properties free and clear of encumbrances. In 1996, the General Assembly eliminated abandonment as grounds for escheat. Currently, the cumbersome, costly and time- 14 consuming delinquent tax sale process, carded out by local governments, is the only method available to transfer real property on which taxes have not been paid to more responsible ownership. The Commonwealth should streamline the legal process applicable to sale of properties on which delinquent taxes are owed so that these properties can be transferred to responsible ownership more expeditiously and less expensively. One option would be to permit a locality, with circuit court approval, to appoint a special commissioner to sell property in a manner analogous to foreclosure by a trustee under a deed of trust as set forth in §55-58, et seq. of the State Code. Currently, inner city properties are frequently forced into delinquent tax sale process because taxes and liens on the properties far exceed their fair market value rendering the properties unmarketable. For example, in Roanoke, demolition costs currently average about $8,000, but the typical value of the vacant lot left is only about $2,500. In addition to the lien for demolition, there may also be liens for taxes and removal of weeds and trash. Weed and trash liens (§ 15.2-901) and demolition liens (§ 15.2-906) have the status of taxes, and neither the taxes nor the liens may be waived by the locality. Local government should have the authority to waive these liens as to a purchaser who is unrelated to the current owner of the property and who will combine the property with adjoining property that he or she owns or will develop the property by construction of a residence or commercial or industrial structure. The taxes and costs of weed and trash abatement and demolition would remain a personal obligation of the former owner of the property. TAXATION; REVENUE STATE-LOCAL TAX STRUCTURE A sound state and local tax structure is vital to the long-term fiscal vitality of the Commonwealth and its local governments. Virginia is a low-tax state. Only four states in the country have a lower combined state-local tax burden than Virginia (per $1,000 of personal income). Virginia's state-local tax structure should be reexamined in light of economic and demographic changes such as the emergence of new industries, the shift from a goods-based economy to a service-based economy and the effect of an aging population. Another reason to reexamine Virginia's state-local tax structure is to determine whether it is producing sufficient revenue to fund the level of services citizens want. Examples of increased demands for services include school construction, education technology, human services programs, juvenile programs and environmental initiatives. The State's tax sUucture should provide sufficient resources to local governments so that they are able to deliver the services required by the State. LOCAL FUNDING ISSUES Local governments must retain control of their existing revenue sources so that they have a reliable revenue base to meet the needs of their citizens. This is essential in light of local governments' historical experience with state funding commitments. Examples include inadequate state fimding for education, failure to share lottery revenues, erosion of HB 599 funding and erosion of funding for constitutional officers and juvenile block grant funding. The General Assembly should not reduce or narrow the taxing authority of local governments. This includes the elimination or alteration of any existing taxes or fees, the imposition of caps and any other restrictions on existing local revenue sources. The erosion of local revenue sources increases local governments' reliance on the property tax. The state should permit local governments maximum flexibility in their sources of local revenue. Local officials know the needs of their residents and businesses and are therefore best able to make judgements about local tax policies. Likewise, local governments are more easily held accountable by residents and businesses for their local tax decisions. BUSINESS. PROFESSIONAL AND OCCUPATIONAL LICENSE (BPOL) TAX The 1996 Session of the General Assembly undertook major reform of the local business, professional and occupational license (BPOL) tax. In spite of this major reform of the BPOL tax, a small segment of the business community continues to agitate for elimination of the tax. Elimination of the BPOL tax would reduce the stability and diversification of the local revenue base. As to the alternatives, most local governments already rely heavily on the property tax, and many local governments have seen sales tax revenue decline. BPOL revenue cannot realistically be replaced by other local taxes or fees. Therefore, City Council opposes any efforts to repeal the BPOL tax or restrict its application. COMPREHENSIVE SERVICES ACT The costs of the Comprehensive Services Act (CSA) for at-risk youth and their families should be fully funded in the State's base budget. The State should give local governments maximum flexibility in service delivery and use of funds, and allow localities to maximize the use of other funding sources. 16 SALES TAX - ELIMINATION OF TAX ON FOOD PRODUCTS FOR HOb'IF. CONSUMPTION It has been proposed to eliminate the 1% sales tax returned to localities based on point of sale as to food products for home consumption. Elimination of this tax would cost the City revenue of $1.5 million. If the General Assembly chooses to eliminate this revenue source, then it should provide to localities a replacement source that (1) ensures that local revenues will not decrease, (2) produces the same level of revenue growth over time and (3) is not vulnerable to future State reductions. It has also been proposed to eliminate the 1% sales tax earmarked for public education as to food products for home consumption. Applying the City's composite index to the revenue generated by the 1% sales tax earmarked for public education, loss of this revenue source would cost the City's schools nearly $600,000. If the General Assembly opts to eliminate this revenue source, it should modify the SOQ funding formula to ensure that local governments are not required to increase their spending as a result of the lost sales tax revenue. LIENS AGAINST REAL ESTATE FOR UNPAID WATER BILI,,q The City seeks an amendment to the State Code to clarify that it and other localities have the authority to place a lien against real estate for unpaid water bills. This amendment will aid in collection of these bills. It is clear from §15.2-2119 that the City already has the authority to place a lien for unpaid sewer service. Given that water and sewer service are billed together and that water service is a necessary adjunct of sewer service, it is logical to amend thc State Code to clarify that the authority to place a lien extends to water service. TRANSPORTA~ON TRANSPORTATION ~INCLUDING MASS TRANSIT~ FUNDING Mass transit is critical to a large number of citizens of the Roanoke Valley. These citizens require mass transit for transportation to their jobs, medical and professional appointments and for doing their shopping. Not only is mass transit critical to those citizens who utilize it, but it is also vital to large employers whose work forces rely on Valley Metro for transportation to the workplace and to retail businesses and medical facilities whose customers and patients patronize Valley Metro. Studies of the Commonwealth's transportation needs and funding sources confmn that there is a widening gap between needs and the funding available to meet those needs. The State's current transportation program simply cannot keep up with growing needs statewide. Adequate funding is critical to keep Virginia's transportation system viable and responsive 17 to increasing economic development, workforce, tourism, and quality of life issues. Funding for new initiatives should be made in addition to existing funding arrangements to meet intermodal and inter-regional needs. While increased federal funding may narrow the gap somewhat, it is clear that the state must re-examine and adjust its funding sources and commitments as well. Public-private initiatives must play a role as well. Ensuring adequate funding and planning for Virginia's growing needs may bc accomplished through a number of means, including the following: Adjusting fund sources, such as the motor fuels tax, to keep pace with inflation; Imposing moderate increases in state transportation-related taxes and fees, including the motor fuels tax, the road use tax, the motor vehicle sales and use tax, motor vehicle license fees and motor vehicle rental tax; o Authorizing more options for using long-term financing for major transportation projects; Authorizing, at the request of regions, the creation of regional transportation districts with the ability to impose, without referendum, up to two percent motor fuels tax, dedicated to transportation funding; Seeking equity among various road users by ensuring that trucks pay their proportionate share of road costs; Promoting mass transit solutions on a regional and statewide basis. INTERSTATE 73 The lntermodal Surface Transportation Efficiency Act of 1991 CISTEA") authorized the development of a national highway system to serve major population centers and major travel destinations. ISTEA identifies the Interstate 73 corridor from Charleston, South Carolina, to Detroit, Michigan, as being a high priority. The City supports an alignment of 1-73 following the right-of-way of U. S. 460 from the West Virginia line, then following the rights-of-way of the proposed "Smart Highway", Interstate 81 and Interstate 581 in the City of Roanoke, and then generally following the right-of-way of U. S. Route 220 fi.om Roanoke to the North Carolina line. This alignment 18 would provide access to the largest population center in Virginia west of Charlottesville, the medical and financial centers of Southwestern Virginia, the largest airport in Southwestern Virginia and one of the State's major universities. The City's preferred alignment would strengthen both interstate and intrastate commerce and provide direct economic benefits to the Commonwealth. ~;MART ROAD - IMPROVED ACCESS TO BLACKSBURG/VIRGINIA TECH Direct access between the Roanoke Valley and Blacksburg/Virginia Tech is important to economic development efforts in Southwest Virginia. The State Transportation Commission has already recognized that a direct link from Blacksburg to I-81 is a different project from solving traffic congestion on U.S. Route 460 in Montgomery County, and its importance was high-lighted when it was placed in the State's 6-year plan. Recently, the Virginia Department of Transportation has begun construction on the "Smart Road" Project. The City applauds the commencement of construction and supports State funding for this important regional project which will be a catalyst for the creation of new jobs in the Roanoke and New River Valleys. INTERSTATE 66 A new transportation link between Tidewater, Virginia, and central California, via mid- America, has been proposed. This project is sometimes known as the Interstate 66 or the Transcontinental Highway Project. An east-west interstate serving the southern part of Virginia, including Lynchburg and Roanoke would be a boon to the economic vitality of the Commonwealth. Therefore, the City supports an alignment of this important transportation link that would take it from Norfolk to Richmond, then follow the U. S. 460 corridor through Lynchburg and Roanoke, and then on to West Virginia. EXTENSION OF PASSENGER RAIL SERVICE City Council has previously urged support for the extension of AMTRAK rail service from New York to Atlanta via Roanoke. See Resolution No. 31374-030893. More recently, the Virginia Department of Rail and Public Transportation has completed Phase I of a study of passenger rail service between Washington, D. C. and Bristol, and/or between Richmond and Bristol. Roanoke would be a station along both proposed routes. Phase I of the study concludes that the proposed passenger rail service is feasible. Phase II of the study is now being conducted to consider in more detail the preliminary conclusions of Phase I. New passenger rail service would provide badly needed transportation access and act as a catalyst to development of local economies. Passenger rail service to downtown Roanoke would provide additional support and increased visibility to such local economic 19 development projects as the Hotel Roanoke and Conference Center, the Historic City Market, the Virginia Museum of Transportation, Center in the Square, Henry Street and other attractions and businesses in downtown Roanoke. City Council endorses the proposal to extend AMTRAK service between New York and Atlanta via Roanoke and urges completion of the Bristol Rail Passenger Study by the Virginia Transportation Board. HIGHWAY MAINTENANCE Interstate 581 is a heavily traveled portion of the interstate system and a major entrance into the City. Many visitors to the City get their first impression of the City from the appearance ofi-581. Unfortunately, 1-581 is not mowed frequently enough, nor is litter kept in control. Furthermore, there is little landscaping to improve the aesthetics of this major entrance into the City. The General Assembly is urged to insure that the Virginia Department of Transportation provides regular maintenance of 1-581, both as to mowing and litter control, and that adequate landscaping is provided to improve the aesthetics of this major interstate corridor through the heart of Roanoke. 2o Mary F. Parker, CMCIAAE C~ Ck, rk CITY OF ROANOKE Office of the City Clerk November 5,1998 File #184-429 8andra H. Ealdn Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34055-110298 amending and reordaining subsection (c) of Section 22.1-44, Normal service retirement, and subsection (b) of Section 22.1-45, Eadv service retirement allowance, and Section 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) per cent for each year of creditable service, subject to a maximum of sixty-three (63) per cent of average final compensation and establishing special rules for determination of the multiplier for persons eligible for early service retirement allowance, effective January 1, 1999. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, October 19, 1998, also adopted by the Council on second reading on Monday, November 2, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment W. Robert Herbert November 5, 1998 Page 2 The Honorable Virginia The Honorable The Honorable of Virginia The Honorable Virginia The Honorable Virginia The The The The The Clifford R. Weckstein, Chief Judge, Twenty-Third Judicial Circuit of Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Julian H. Raney, Jr., Chief Judge, General District Court Honorable George W. Harris, Jr., Judge, General District Court Honorable Vincent A. Lilley, Judge, General District Court Honorable William D. Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 William M. Dowd, Principal, Slabaugh, Morgan, White and Associates, 7204 Glen Forest Drive, Suite 304, Richmond, Virginia 23226 W. Robert Herbert, City Manager Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court Bobby D. Casey, Office of the Magistrate Joyce L. Sparks, Retirement Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34055-110298. 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. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subsection (c) of §22.1-44, Normal service retirem~t, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: (c) Normal service retirement. Amount of benefit on or after normal retirement age. The retirement allowance shall be two and one-tenth (2.1) percent of the member's average fmal compensation for each year of creditable service subject to a maximum of sixty-three (63) percent of average final compensation. 2. Subsection (b) of §22.1-45, Early service retirement allowance, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §22.1-45. Early service retirement allowance. Amount of early retirement benefit. The retirement allowance shall be two and one-tenth (2.1) percent of the member's average fmal compensation for each year of creditable service subject to a maximum of sixty-three (63) percent of average final compensation. This retirement allowance may be deferred until the date when the member first actually attains age sixty-five (65) or age fifty-five (55) and thirty (30) years of creditable service and becomes payable without further adjustment. ffthe member elects payment to begin prior to the age at which he actually attains age sixty-five (65) or age fifty-five (55) and thirty (30) years of creditable service, then the benefit is reduced taking into account the number of months by which actual payment precedes the date the member actually attains age sixty-five (65) or age fifty-five (55) and thirty (30) years of creditable service. Only creditable service and average fmal compensation upon date of termination of employment will be used in the computation of the retirement allowance. The pension commencing immediately shall be equal to the deferred pension reduced by one-half (½) of one (1) percent for each of the first sixty (60) such months by which actual payment precedes the date the member first actually attains age sixty-five (65) or age fifty-five (55) and thirty (30) years of creditable service and one-quarter (1/4) of one (1) percent for each additional month in excess of sixty (60) months by which actual payment precedes the date the member first actually attains age sixty-five (65) or age fifty-five (55) and thirty (30) years of creditable service. 3. Section 22.1-46, Vested allowance, of the Code of the City of Roanoke (1979), as mended, is hereby amended by the addition of a new subsection (c) to read and provide as follows: §22.1-46. Vested allowance. 4 (c) Applicability of multiplier. Any member entitled to a vested allowance who ceased to be an employee of the City prior to January 1, 1999, shall have his vested allowance calculated pursuant to §§22.1-44 and 22.145 as such sections existed prior to January 1, 1999 (utilizing a multiplier of two (2.0) percent for each year of creditable service). Any member entitled to a vested allowance who ceases to be an employee of the City on or after January 1, 1999, and who meets the condition established by §22.1-12(1) shall have his vested allowance calculated pursuant to §§22.144 and 22.1-45 as such sections exist on and after January 1, 1999 (utilizing a multiplier of two and one-tenth (2.1) percent for each year of creditable service). This ordinance shall be in full force and effect on and after January 1, 1999. ATTEST: City Clerk. Mary F. Parker, CMC/AAE c~y Cbrk CITY OF ROANOKE Offi¢ of th® City ¢l rk November 5, 1998 File #184-426 8andra H. Eakin o~puty c~ Ck, rk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 2, 1998, Angela Norman, a City employee, 1731 Michael Avenue, N. W., requested that Council treat all City employees equally and approve a five per cent increase for the 206 members of the Employees' Retirement System whose current pension multiplier is 1.43 per cent. It was the consensus of Council that the matter would be referred to you for report. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Ms. Angela Norman, 1731 Michael Avenue, N. W., Roanoke, Virginia 24017 W. Robert Herbert, City Manager Mary F. Parker, CMCIAAE c~y Cbrk CITY OF ROANOKE Office of the City Clerk November 9, 1998 File #184-429 8andra H. Eakin Deputy C~y Ck~rk James D. Gdsso Director of Finance Roanoke, Virginia Dear Mr. Gdsso: I am attaching copy of Ordinance No. 34056-110298 amending and reordaining Section 22.1-3, Membership generally, of Chapter 22.1, Pensions and Retirement. Code of the City of Roanoke (1979), as amended, by 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, between Dec, ember 1, 1998 and December 31, 1998, inclusive. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, October 19, 1998, also adopted by the Council on second reading on Monday, November 2, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment W. Robert Herbert November 9, 1998 Page 2 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 The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 William M. Dowd, Principal, Slabaugh, Morgan, White and Associates, 7204 Glen Forest Drive, Suite 304, Richmond, Virginia 23226 W. Robert Herbert, City Manager Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court Bobby D. Casey, Office of the Magistrate Joyce L. Sparks, Retirement Administrator H:~AGENDA~V2.Wl~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34056-110298. AN ORDINANCE amending and reordaining §22.1-3, Membership generally, 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. BE IT ORDAINED by the Council of the City of Roanoke as follows: Section 22.1-3, Membership generally. Chapter 22.1, Pensions and Retirement. Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition ora new subsection (e3) as follows: §22.1-3. Membership generally. (c3) Members of the ERS who are employees of the City on December 1, 1998, and who wish to transfer to the ESRS and cease participation in the ERS may do so by properly completing and filing a Letter of Intent to Transfer between December 1, 1998, and December 31, 1998, inclusive. A member may revoke his Letter of Intent to Transfer within twenty-eight (28) days of its filing by making a written revocation request to the Board of Trustees. Each Letter of Intent to Transfer must be made in writing on forms supplied by the Board of Trustees and must be properly filed with the Board. Unless a member revokes his Letter of Intent to Transfer within twenty-eight (28) days after the date of its filing, the transfer shall be effective twenty-nine (29) days after the date it is received by the Board of Trustees. ATTEST: City Clerk. WILBURN C. DIBLING, JR. CITY A'FFORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 2401 !- 1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAlL:cilyatty @ ci.roanoke.va.us October 19, 1998 STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY ATFORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Amendments to Ci_ty of Roanoke Pension Plan Dear Mayor Bowers and Council Members: Following up on the referral made to me at the October 7, 1998, Council meeting, I am attaching an ordinance that 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 percent of average fmal compensation for each year of creditable service subject to a maximum of 63 percent of average final compensation. See §22.1-44(c) and §22.1-45(b). As to employees who are eligible for a vested allowance, the attached ordinance 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 percent 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. I am also attaching a second ordinance providing for a new window of opportunity for City employees to transfer from the Employees' Retirement System to the Employees' Supplemental Retirement System. An accompanying report from Mr. Grisso, Director of Finance, recommends the new transfer opportunity. I will be pleased to respond to any questions of a legal nature that City Council has with respect to the attached ordinances, and I am sure that Mr. Grisso will be pleased to respond to any questions relating to retirement policy or financial matters. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney H:\COVI~CII,\L-mW.m'K.~ The Honorable Mayor and Members of City Council October 19, 1998 Page 2 WCD:f Attachment cc: W. Robert Herbert, City Manager James D. Grisso, Director of Finance Mary F. Parker, City Clerk H: \COUNCIL\L-~. 1 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 November 9, 1998 File #51 SANDRA H. EAKIN Deputy ClOy Clerk Daniel F. Layman, Attorney Woods, Rogers & Hazlegrove, P.L.C. P. O. Box 14125 Roanoke, Virginia 24038 Dear Mr. Layman: I am enclosing copy of Ordinance No. 34057-110298 rezoning a tract of land located on the east side of Kimbell Avenue, N. E., beadng Official Tax No. 3010101, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, October 19, 1998, also adopted by the Council on second reading on Monday, November 2, 1998, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Enclosure pc:4 City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Shively Electrical Co., Inc., P. O. Box 795, Rocky Mount, Virginia 24151 Plantation & Kanter, P. O. Drawer 1200, Roanoke, Virginia 24001 Richard Roberts Hotel Income Associates, c/o Easley McCaleb Associates, 3609-C Chain Bridge Road, Fairfax, Virginia 22030 N & W Railway Company, Properties Department, 110 Franklin Road, S. E., Roanoke, Virginia 24011 Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Street, S. W., Roanoke, Virginia 24014 W. Robert Herbert, City Manager Daniel F. Layman, Attorney November 9, 1998 Page 2 pc: Wilbum C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director, Real Estate Valuation Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner Evelyn S. Lander, Acting Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission H:'~.GEND~V2.~NI:~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34057-110298. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No.30 I, Sectional ! 976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, the City of Roanoke Redevelopment and Housing Authority has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36. !-693, Code of the City of Roanoke (1979), as amended, and after conducling a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on October 19, 1998, after due and timely notice thereof as required by §36.1-693, Code oftlie City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1- 3, Code of the City of Roanoke ( ! 979), as amended, and Sheet No. 30 ! of the Sectional ! 976 Zone Map, City of Roanoke, be amended in the following particular and no other: That parcel of land located on the east side of Kimball Avenue, N.E., and designated on Sheet No. 301 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. % 30~101, be, and is hereby rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, pursuant to the Petition filed in the Office of the City Clerk on August 6, 1998, and thai Sheet No. 301 of the Zone Map be changed in this respect. ATTEST: City Clerk. ti ORI)-RI:iZ O-RRIIAI VIRGINIA, CHART~ Roanoke City Planning Commission October 19, 1998 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: Request from the Roanoke Redevelopment and Housing Authority (RRHA), represented by Daniel F. Layman, Attorney, that property designated as Official Tax Parcel 3010101, located at Kimball Avenue, N. E., be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. I. Background: Land parcel as requested for rezoning is located at the southeast comer of Orange Avenue (U.S. 460 E.) and Kimball Avenue, N. E. The size of the parcel is approximately 2.15 acres (see attached Map A), Bo Applicant has also filed a separate application to close and vacate a section of undeveloped public street right-of-way (McDowell Avenue) that abuts the southerly boundary of tax parcel 3010101. Application to rezone this parcel also includes a request to rezone the northerly half of this undeveloped right-of-way from HM District to LM District. Co Roanoke Redevelopment and Housing Authori _ty (RRHA) states that it has owned and attempted to sell tax parcel 3010101 under its present HM, Heavy Manufacturing zoning classification for over 25 years without any measure of success. RRHA has recently reached a tentative agreement of sale with an adjacent landowner, Shively Electric Company. Do Shively Electric Company currently owns the parcel of land (3010201) that lies adjacent to the southerly boundary (other side) of the undeveloped section of McDowell Avenue, N. W. (see attached Map A). Property currently owned by Shively Electric Company was rezoned from HM District to LM District in 1991. Previous owner, L & M Properties, stated at that Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Members of Cotmcil Page 2 time that he had been unable to find a tenant who wanted to use the property under its then HM, Heavy Manufacturing District classification. II. Issues: Ao Application was considered by the Planning Commission at a public heating on September 2, 1998. Mrs. Duerk commented that she would like railroad access, when available to sites, preserved; that she would like the site developed with the same style building in the existing industrial area; and, in her opinion, chain-link fencing was not necessary. Mrs. Lander commented that the property was located within a redevelopment area. She said she would pass along Mrs. Duerk's concerns to the Roanoke Redevelopment and Housing Authority. Zoning classification of the subject parcel 3010101 is HM, Heavy Manufacturing District. The surrounding zoning in the area is as follows: To the northwest, west and south is LM, Light Manufacturing District; to the northeast and east is HM, Heavy Manufacturing District. Co Land use of the property is vacant land. A portion of the property is level and suitable for development. A larger portion of the parcel, however, has been described by the applicant as a "knoll of solid rock" that restricts its development potential for the generally larger heavy manufacturing uses. Do Utilities are available and adequate. Storm drainage and all other development and engineering concerns, will be addressed and resolved during site plan review. Bo Access to the site will be from Kimball Avenue. Proposed development would not have any unusual or adverse impact on traffic flow at Kimball Avenue. Fo Industrial land in the city has been identified as a valuable economic asset which should be promoted for development or redevelopment. Go Comprehensive Plan recommends encouraging industrial development on appropriate sites and protecting and maintaining the City's industrial land base. III. Alternatives: A. Approve the rezoning as requested. Zoning of the subject parcel would become LM, Light Manufacturing District. Members of Council Page 3 Land use would become a contractual services, repair and retail sales use and the adaptive reuse of certain existing structures on the property would occllr. o Utilities are available and are adequate in capacity to serve the proposed development. All utility concerns would be addressed during plan review. Access to and from the site can be safely provided by Kimball Avenue. Additional traffic generated by the proposed new use can be accommodated along Kimball Avenue. o Industrial land, vacant industrial land, is utilized and placed in a revenue generating status. o Comprehensive Plan would be followed as the land will be maintained in an industrial use classification. B. Deny the rezoning as requested. 1. Zoning of the land will remain HM, Heavy Manufacturing District. 2. Land use will remain vacant. 3. Utilities would be unaffected. 4. Access would not be an issue. Industrial land would remain in a non-revenue generating status and would not be an economic asset to the city. 6. Comprehensive Plan would not be an issue. IV. Recommendation: Planning Commission by a vote of 6-0 (Mr. Hill absent) recommended that City Council approve Altemative A, approving the applicant's request to rezone the described property from HM, Heavy Manufacturing, to LM, Light Manufacturing District classification. Respectfully submitted, Gilbert E. Butler, Jr., Chairman Roanoke City Planning Commission Members of Council Page 4 ERT:mpf attachments CC: Assistant City Attomey Attomey for the Petitioner VIRGINIA: In re: IN THE COUNCIL OF THE CITY OF ROANOKE Rezoning of a Tract of Land ) Located on the East Side of ) Kimball Avenue, N.E., bearing ) Official Tax No. 3030101, and ) the adjacent closed street, ) from HM to LM ) PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE (1) Petitioner City of Roanoke Redevelopment and Housing Authority, a political subdivision of the Commonwealth of Virginia, is the owner of a tract of land in the City of Roanoke located on the east side of Kimball Avenue, N.E., bearing City of Roanoke Official Tax No. 3030101. In addition, by request being filed simultaneously with this petition, petitioner is seeking the closing of the portion of McDowell Avenue, N.E. which lies adjacent to and south of this parcel. A portion of City Appraisal Map Sheet 303 showing these parcels is attached to this petition as Exhibit A. (2) Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, petitioner requests that parcel 3030101 and the adjacent northern half of the portion of McDowell Avenue being closed be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. The petitioner has reached an agreement (though not yet reduced to a written contract) with a potential buyer of the site whose proposed use R KE/K)546624. WpO 077838-00068..01 requires the LM designation. This purchaser's proposed plan of development is attached to this petition as Exhibit C. (3) Petitioner has owned and attempted to sell parcel 3030101, a part of the Kimball Redevelopment Project Area, for over 25 years as an HM-zoned tract. It has proved ~una~aling to potential redevelopers during that time. The tract consists primarily of a knoll of solid rock, and because of this site characteristic only a small portion--along the Kimball Avenue frontage--can practicably be developed. This developable area has apparently proved too small for heavy manufacturing use. The size of the usable portion of the tract, and its location at the heavily-traveled Orange Avenue-Kimball Avenue intersection, make it better suited to the greater flexibility afforded by the LM classification, particularly the retail sales use permitted to a limited degree in the LM district. Petitioner therefore believes that the requested rezoning will further the intent and purpose of the City's Zoning Ordinance and Comprehensive Plan by facilitating redevelopment of a long-idle industrial tract at a prominent location in the City. (4) Attached to this petition as Exhibit B is a list of the names and addresses of the owners of all lots immediately adjacent to or across a street from the property to be rezoned, together with the Official Tax Number of each lot. W/qEREFORE, petitioner requests that the parcel bearing City of Roanoke Official Tax No. 3030101, and the adjacent northern half of the closed portion of McDowell Avenue, N.E., be rezoned RKF-J1~546624 WPD C~: 0~836-00068~1 2 from MM to LM in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~T[ day of August, 1998. CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY Its Attorney (~; ~ Daniel F. Layman, Jr. Woods, Rogers & Hazlegrove, P.L.C. P. O. Box 14125 Roanoke, VA 24038-4125 (703) 983-7653 Of Counsel for Petitioner RKE.{~546624 WPD C/M: 07783~00068..01 3 EXHIBIT B Tax Map No. 3030201 3025012 3043005 3043001 [No Tax No.] East of subject property Property Owner Shively Electrical Co., Inc. P.O. Box 795 Rocky Mount, VA 24151 Richard Roberts Hotel Income Associates, L.P. c/o Easley McCaleb Associates 3609-C Chain Bridge Road Fairfax, VA 22030 City of Roanoke Redevelopment and Housin9 Authority Plantation & Kanter P.O. Box 2444 Roanoke, VA 24010 Norfolk & Western Railway Co. Properties Department 110 Franklin Road, SE Roanoke, VA 24011 RKE,~5.46667.WPD 077836-000684)1 Ocd. N ? ~ 14z~-I "~ Oi -/ 3'03'o/0! ; ; ! c'o~omO '~o~o~,0, Nt 30645-82691 ', HM to 111 CLOs£O aY' 7O0 08 303021Z ~' 0 ~ 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 October 6, 1998 File #51 SANDRA H. EAKIN Deputy City Clerk Daniel F. Layman, Attorney Woods, Rogers & Hazlegrove, P.L.C. P. O. Box 14125 DearMr. Layman: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 19, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., on the request of the City of Roanoke Redevelopment and Housing Authority that a tract of land located on the east side of I~imhall Avenue, N. E., bearing Official Tax No. 3010101, be rezoned fi.om HM, Heavy Manufacturing District, to LM, Light Manufacturing District. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the matter. Please review the documents and if you have questions, you may comact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Community Development at 853-2344. It will be necessary for you, or your representative, to be present at the October 19 public hearing. Failure to appear could result in a deferral of the matter until a later date. Mary F. Parker, CMC/AAE City Clerk IVIFP:lo Enclosure H:~I~EZONINQ. ~RIdA.W PO 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 October 6, 1998 File #51 SANDRA H. EAKIN Deputy City Clerk Shively Electrical Co., Inc. P. O. Box 795 Rocky Mount, Virginia 24151 Richard Roberts Hotel Income Associates c/o Easley McCaleb Associates 3609-C Chain Bridge Road Fairfax, Virginia 22030 Plantation & Kanter P. O. Drawer 1200 Roanoke, Virginia 24001 N & W Railway Company Properties Department 110 Franklin Road, S. E. Roanoke, Virginia Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 19, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., on the request of the City of Roanoke 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. The City Planning Commission has recommended approval of the request for rezoning. If you would like to receive a copy of the report, please call the City Clerk's Office at 853- 2541. This letter is provided for your information as an interested and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Community Development at 853-2344. H:~REZONING.gS~RRHA. W PD Shively Electrical Co., Inc. Richard Roberts Hotel Income Associates Plantation & Kanter N & W Railway Company October 6, 1998 Page 2 Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io H:~EZONINQ.g~RRHA. WI:~ Ad Number: 888362 Publisher's Fee: $121.72 WOODS, ROGERS & HAZLEGRO P.O. 14125 ROANOKE, VA 24038-4125 The Roanoke Times STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 10/01/98 FULL RUN - Thursday 10/08/98 FULL RUN - Thursday Witness, this 12th day of October 1998 Authorized Signature cOF PUBUC HEARING M IT MAY CONCERN: to the ~ of of Chapter 36.1, tJm City of Roanoke amen~Md, the Coun. ~ of Roanoke 19, 1998, at 7:00 4~o Munlclplll Builcfffl~ All ~ In Intemat may appear ~c~of oatouer, ~ea. . . NOTICE OF PUBLIC HEARING TO WttOM IT MAY CONCERN: Pursuant to the provisions of Article VI1 of Chapter 36.1, Code of the City of Roanoke (1979), as mnended, the Council of the City of Roanoke will hold a Public Hearing on Monday, October 19, 1998, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on tile question of rezoning fi'om HM, Heavy Manufacturing District, to LM, Light Manufacturing District, the following property: That tract of land located on the east side of Kimball Avenue, N.E., and bearing Official Tax No. 3010 ! 0 i. A copy of this proposal is available for public inspection in tile Office of tile City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 1st day of October , 1998. Mary F. Parker, City Clerk. II N(lql('[ N-RRIIAI ,, ~:,, (:!T'r' "" ~:' ~"' *":' .": !,~. L.[": . NOTICE-OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING TO WHOM IT MAY CONC : c~J. ] The Roanoke City Planning Commission will hold a public hearing on Wednesday, September 2, 1998, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: (1) Request from the City of Roanoke Redevelopment and Housing Authority, represented by Daniel F. Layman, Jr., attorney, that a portion of McDowell Avenue, N.E., extending in an easterly direction off of Kimball Avenue, N.E., lying between Official Tax Nos. 3030101 and 3030201, and extending from Kimball Avenue, N.E., in an easterly direction for approximately 340 feet to a dead end at the Norfolk and Western Railway right-of-way, be permanently vacated, discontinued and closed. (2) Request from the City of Roanoke Redevelopment and Housing Authority, represented by Daniel F. Layman, Jr., attorney, that property located on Kimball Avenue, N.E., designated as Official Tax No. 3030101, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. A copy of said applications are available for review in the Department of Planning and Community Development, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, August 18, 1998 and August 25, 1998 'TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA Fl E C E t '.,.' ~. ~i PERTAINING TO THE REZONING REQUEST OF: City Roanoke Roanoke Redevelopment and Housing Authority ~,,~ [,ro ) it Kimball Avenue, N.E., Official Tax No. 3030101, from HM to LM ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 24th day of August, 1998, notices of a public heating to be held on the 2nd day of September, 1998, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name Mailing Address 3030201 Shively Electrical Co., Inc. P. O. Box 795 Rocky Mount, VA 24151 3025012 Richard Roberts Hotel Income Associates c/o Easley McCaleb Associates 3609-C Chain Bridge Road Fairfax, VA 22030 3043001 Plantation & Kanter P. O. Drawer 1200 Roanoke, VA 24001 P. O. Box 2444 Roanoke, VA24010 No Tax No. N & W Railway Company Properties Department 110 Franklin Road, SE Roanoke, VA 24011 r Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day of August, 1998. Not~r~t ~ffblic My Commission expires: tt '(~/' i._ .~/~/'/'//~'~;~'~/. ,5 --j// MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 August 6, 1998 File #51 SANDRA H. EAKIN Deputy City Clerk Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Daniel F. Layman, Jr., Attorney, representing the City of Roanoke Redevelopment and Housing Authority, requesting that a tract of land located on the east side of Kimball Avenue, N. E., bearing Official Tax No. 3030101, and the adjacent northern half of the closed portion of McDowell Avenue, N. E., be rezoned from HM, Heavy Manufacturing District to LM, Light Manufacturing District. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Enclosure Gilbert E. Butler, Jr. August 6, 1998 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Daniel F. Layman, Jr., Attorney, Woods, Rogers & Hazlegrove, P.L.C., P. O. Box 14125, Roanoke, Virginia 24038 City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Evelyn S. Lander, Acting Chief, Planning and Community Development Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 November 9, 1998 File tf.514 SANDRA H. EAKIN Deputy City Clerk Daniel F. Layman, Attorney Woods, Rogers & Hazlegrove, P.L.C. P. O. Box 14125 Roanoke, Virginia 24038 Dear Mr. Layman: I am enclosing copy of Ordinance No. 34058-110298 permanently vacating, discontinuing and closing 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. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, October 19, 1998, also adopted by the Council on second reading on Monday, November 2, 1998, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Enclosure pc: City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Shively Electrical Co., Inc., P. O. Box 795, Rocky Mount, Virginia 24151 N & W Railway Company, Properties Department, 110 Franklin Road, S. E., Roanoke, Virginia 24011 Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Street, S. W., Roanoke, Virginia 24014 W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney H N~.G EN DA. E61NOV2.WPO Daniel F. Layman, Attorney November 9, 1998 Page 2 pc: Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director, Real Estate Valuation Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner Evelyn S. Lander, Acting Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission H:~,~GENDA96U~OV'ZW~) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34058-110298. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, the City of Roanoke Redevelopme.t and Housing Authority filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WttEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having co.ducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on October 19, 1998, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties iii interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, fi'om all of the foregoing, the Council considers that no inconvenience will result to an~ individual or to the public fi'om per~nanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of McDowell Avenue, N.E., extending east fi'om Kimball Avenue, N.E., as the sa~ne lies and extends from Kimball Avenue, N.E., between Official Tax Nos. 3030101 and 303020 I, to a dead end at the Norfolk and Western Railway right-of-way, be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the sa~ne be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without file payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbe~3z, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal fi'om the above-described public right-of-way of any such municipal installation or other utility o~f-acility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining ali properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress, over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court for the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia. as Grantor, and in the name of the applicant, and the name of any other party in interest who may so request, as Grantee, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that the City Engineer shall, upon receiving the afore- mentioned Clerlt's receipt, mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of six months fi'om the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. ATTEST: City Clerk. Roanoke City Planning Commission October 19, 1998 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: Request from the Roanoke Redevelopment and Housing Authority (RRHA) represented by Daniel F. Layman, Attorney, to close and permanently vacate a section of McDowell Avenue, N. E., as the same lies and extends from Kimball Avenue, N. E., between Official Tax Parcels 3030101 and 3030201, to a dead end at the Norfolk and Western Railway Right-of-Way. I. Background: Street section as requested for closure is situated approximately 260 feet south of the southeasterly comer of Kimball and Orange (U. S. 460 E.) Avenues. Street entrance was installed at some time in the past. Street surface was never installed (see attached Map A). Street is an old platted, but undeveloped remnant of a much earlier residential neighborhood street system that existed in this area prior to 1965. C. Street section is approximately 340 feet in length and approximately 40 feet wide. II. Current Situation: Roanoke Redevelopment and Housing Authori _ty (RRHA) has recently reached a tentative agreement to sell tax parcel number 3010101, in the Kimball Redevelopment Project Area to Shively Electric Company. This contracting, repair and retail firm is currently located in Rocky Mount, Virginia. Parcel of land being considered for sale is official tax parcel number 3030101, which is currently zoned HM, Heavy Manufacturing District (see attached Map A). Co Shively Electric Company currently owns the parcel of land abutting the southerly (other side)side of the subject section of McDowell Avenue, N. E. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Members of Council Page 2 time that he had been unable to find a tenant who wanted to use the property under its then HM, Heavy Manufacturing District classification. II. Issues: Application was considered by the Planning Commission at a public heating on September 2, 1998. Mrs. Duerk commented that she would like railroad access, when available to sites, preserved; that she would like the site developed with the same style building in the existing industrial area; and, in her opinion, chain-link fencing was not necessary. Mrs. Lander commented that the property was located within a redevelopment area. She said she would pass along Mrs. Duerk's concerns to the Roanoke Redevelopment and Housing Authority. Bo Zoning classification of the subject parcel 3010101 is HM, Heavy Manufacturing District. The surrounding zoning in the area is as follows: To the northwest, west and south is LM, Light Manufacturing District; to the northeast and east is HM, Heavy Manufacturing District. Land use of the property is vacant land. A portion of the property is level and suitable for development. A larger portion of the parcel, however, has been described by the applicant as a "knoll of solid rock" that restricts its development potential for the generally larger heavy manufacturing uses. Utilities are available and adequate. Storm drainage and all other development and engineering concerns, will be addressed and resolved during site plan review. Access to the site will be from Kimball Avenue. Proposed development would not have any unusual or adverse impact on traffic flow at Kimball Avenue. Industrial land in the city has been identified as a valuable economic asset which should be promoted for development or redevelopment. Comprehensive Plan recommends encouraging industrial development on appropriate sites and protecting and maintaining the City's industrial land base. III. Alternatives: A. Approve the rezoning as requested. Zoning of the subject parcel would become LM, Light Manufacturing District. Land use would become a contractual services, repair and retail sales use and the adaptive reuse of certain existing structures on the property would Members of Council Page 3 b. American Electric Power has utilities within the right-of-way. c. Easements will be retained for these facilities. 4. Creation of a dead-end street: Closure and vacation will not create a dead- end street. 5. Land use: a. Closure and vacation of this undeveloped and unneeded right-of Way will allow it to revert to the City's real estate tax rolls. b. Closure and vacation in this instance will eliminate the nonproductive status of this publicly-owned land and restore the same to a productive status. 6. Relationship to the comprehensive plan: Request is consistent with the intent of the City's comprehensive Plan that available land should be used in the most appropriate and productive manner. Deny the applicant's request to close and permanently vacate the described section of McDowell Avenue, N. E. 1. Neighborhood impact would not be an issue. 2. Traffic impact would not be an issue. 3. Utilities within the public right-of-way would not be affected. 4. Creation of a dead-end street: The dead end at McDowell will remain. 5. Land use: a. Land within this undeveloped section of street right-of-way will remain in an idle and unproductive status. b. Undeveloped right-of-way will continue to divide the land parcels 3030101 and 3030201 that the potential buyer of 3030101 desires to combine as a single building site. 6. Comprehensive Plan would not be an issue. Members of Council Page 4 Vo Recommendation: Planning Commission by a vote of 6-0 (Mr. Hill absent) recommends that City Council approve Alternative A, thereby approving the applicant's request to close and permanently vacate the described section of McDowell Avenue, N. E., subject to the following conditions: Ao That City Council acts to adopt an ordinance rezoning tax parcel 3030101 and the northerly half of the subject McDowell Avenue, N. E., from HM, Heavy Manufacturing to LM, Light Manufacturing District, prior to the adoption of any ordinance providing for this closure and vacation of the described section of McDowell Avenue, N. E. Bo That the applicant shall submit to the Agent for the Planing Commission, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of all of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located with the right-of-way. Co That the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. Do That the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of six months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. Members of Council Page 5 ERT:mpf Attachments CC; Assistant City Attorney Attorney for Petitioner Respectfully submitted, Gilbert E. Butler, Jr., Chairman Roanoke City Planning Commission VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: APPLICATION OF THE CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY FOR VACATION OF THE PORTION OF McDOWELL AVENUE, N.E., EXTENDING EAST FROM KIMBALL AVENUE, N.E., IN THE CITY OF ROANOKE ) ) ) ) ) ) ) ) ) ) TO: The Honorable Mayor and Members of City Council (1) The City of Roanoke Redevelopment and Housing Authority ("Petitioner,,) applies to have the portion of McDowell Avenue, N.E. extending in an easterly direction off of Kimball Avenue, N.E., in the City of Roanoke, Virginia, permanently vacated, discontinued, and closed pursuant to Section 15.1-364, Code of Virginia, and Section 30-14, Code of the City of Roanoke (1979), both as amended. The street to be closed is forty feet wide and lies between the parcels bearing City of Roanoke Official Tax Nos. 3030101 and 3030201, extending from Kimball Avenue, N.E. easterly for a distance of approximately 340 feet to a dead end at the Norfolk & Western Railway right of way. This street is shown cross-hatched on the copy of a portion of City of Roanoke Appraisal Map Sheet 303 attached to this Application as M#137237 Exhibit A. This street has been opened on the ground but is not in current use. (2) Petitioner owns tax parcel 3030101 and has an informal agreement to sell it to the owner of tax parcel 3030201. Closure of this unused street will permit use of these two parcels as a single business site and, since it serves only these two parcels, will have no adverse effect on any property or owner. (3) A list of the property owners whose lots border or abut the subject street is attached to this application as Exhibit B. WHEREFORE, the City of Roanoke Redevelopment and Housing Authority respectfully requests that the above-described street be permanently vacated, discontinued and closed by the Council of the City of Roanoke in accordance with Section 15.1-364, Code of Virginia, and Section 30-14, Code of the City of Roanoke, both as amended to date. Daniel F. Layman, Jr. Woods, Rogers & Hazlegrove, P.L.C. P. O. Box 14125 Roanoke, VA 24038 (703) 983-7653 Of Counsel for Petitioner Respectfully, CITY OF ROANOKE REDEVELOPMENT AND F. OUSING AUTHORITY Its Attorney ~/ ~ M#137237 2 I EXHIBIT B Tax Map No. 3030201 property Owner Shively Electrical Co., P.O. Box 795 Rocky Mount, VA 24151 Inc. 3043005 City of Roanoke Redevelopment and Housing Authority [No Tax No.] East of subject property Norfolk & Western Railway Co. Properties Department 110 Franklin Road, SE Roanoke, VA 24011 RKF_,IIK)546667.WPD C/~I: 077836-00068-01 VELL $4C' 5 ~ LU I CONDi,i-iONA~ ' , , . i I RE-ZONED Bt' ORD.' 3030201 Ne :30645-82691 , 2 lcw HM to EM' ' ' , I o 3030212 255.87 t~ea~,~- ~ 256 0.605 Ac '~.~,~ OFFtCtRL CLO~£O 6Y O£I'Z 2/7OO Au~. ~ /974 cL~u~ ~~ ~4kc. ATI; m 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 October 6, 1998 SANDRA H. EAKIN Deputy City Clerk File #514 Daniel F. Layman, Jr., Attorney Woods, Rogers & Hazlegrove, P.L.C. P. O. Box 14125 Roanoke, Virginia 24038 Dear Mr. Layman: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 19, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., on the request of the City of Roanoke 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. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the matter. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Community Development, at 853-2344. It will be necessary for you, or your representative, to be present at the October 19 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMCIAAE City Clerk H:~TREE'Fg~RRHA. WPO Daniel F. Layman October 6, 1998 Page 2 MFP:Io Enclosure MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 October 6, 1998 SANDRA H. EAKIN Deputy City Clerk File #514 Shively Electrical Co., Inc. P. O. Box 795 Rocky Mount, Virginia 24151 Ladies and Gentlemen: N. & W. Railway Company Properties Department 110 Franklin Road, S. E. Roanoke, Virginia 24011 Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 19, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., on the request of the City of Roanoke Redevelopment and Housing Authority that a portion of McDowed Avenue, N. E., as the same lies and extends fi.om 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 City Planning Commission has recommended approval of the request, subject to the following conditions: That City Council acts to adopt an ordinance rezoning tax parcel 3030101 and the northerly half of the subject McDowell Avenue, N. E., fi.om HM, Heavy Manufi~u~ng District, to LM, Light Manufacturing District, prior to adoption of any ordinance providing for this closure and vacation of the described section of McDowell Avenue, N. E. That the applicant shall submit to the Agent for the Planning Commission, receive all required approvals thereot~ and record with the Clerk of the Circuit Court for theCity of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of all of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over same for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. Shively Electrical Co., Inc. N. & W. Railway Company October 6, 1998 Page 2 The applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of the authorizing ordinance for recordation in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner and the names of any other parties in interest who may so request as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. The applicant shall, upon a certified copy of the authorizing ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, 'virginia, in said Clerk's Office, file with the City Engineer for the City of Roanoke, 'virginia, the Clerk's receipt, demonstrating that such recordation has occurred. Eo If the above conditions have not been met within a period of six months from the date of adoption of the authorizing ordinance, said ordinance shall be null and void with no further action by City Council being necessary. If you would like to receive a copy of the City Planning Commission's report, please call the City Clerk's Office at 853-2541 This letter is provided for your information as an interested and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Community Development at 853-2344. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:lo H:~'T'RE~RHA.WI~ Ad Number: 888402 Publisher's Fee: $143.20 WOODS, ROGERS & HAZLEGRO P.O. 14125 ROANOKE, VA 24038-4125 The Roanoke Times STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 10/01/98 FULL RUN - Thursday 10/08/98 FULL RUN - Thursday Witness, this 12th day of October 1998 Authorized Signature T~:E~MOF J~UBUC HEARING IT MAY CONCERN: 1]~0~cil. of the City of' f~anoke Will hold a Public :1~, 1998, at 700 p.m., or as ~ ~ereaffer as the matter r~ay-be heard, in the Cmmcil Qkamber in the Municipal ~ildl~g, 215 Church Avenue, n~otly abandon, vacate, dis- c~fltlnue ~i~d close, to the e~tent the City has any legal i~ereat, in said public dght- o(-way, the following public T~at potion of McDowe# A~,~., r~e, N.E., extending east from l~ball Avenue, N.E. as the s~m~°lles wad extends from I~hall Avenue, N.E., betwee~ Oilflcial Tax Nos. 3030101 and 3~30201, to a dead end at the .~mk and Western Railway f-way. ~co~ of this proposal is avail- ~f~l~r public inspection in the Qm~,e. of the City Clerk, Room $, ~Munl¢ipal Building. All r~q$ In interest may appear ~i~ above date and be a~p~ ~e question. GIVF-~'uvlder my hand this 1st d~y or'October, 1998. (888~2~,er, City Clerk. NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, October 19, 1998, at 7:00 p.m., or as soon thereafter as the matter lnay be heard, in the Council Chamber ill the Municipal Building, 215 Church Avenue, S.W., oll an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest iii said public right-of-way, tile following public right-of-way: That portion of McDowell Avenue, N.E., extending east fi'om Kimball Avenue, N.E., as the same lies and extends fi'om Kimball Avenue, N.E., between Official Tax Nos. 3030101 and 303020 i, to a dead end at the Norfolk and Western Railway right-of-way. A copy of this proposal is available for public inspection in tile Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appeal' on tile above date and be heard on tile question. GIVEN under my hand this 1st day of October ,1998 Mary F. Parker, city Clerk. II NIllll'l~ N('-RRIIAI ,% ~O THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA (.:IT',,' qLiS',~'.'] _ PERTAINING TO THE STREET AND ALLEY CLOSURE REQUEST OF: 3X ad 0:29 City of Roanoke Redevelopment and Housing Authority to close a portion of McDowell Avenue, N.E. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 24th day of August, 1998, notices of a public hearing to be held on the 2nd day of September, 1998, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name Mailing Address 3030201 Shively Electrical Co., Inc. P. O. Box 795 Rocky Mount, VA 24151 No Tax No. N & W Railway Company Properties Department Martha Pace Franklin 110 Franklin Road, SE Roanoke, VA 24011 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day of August, 1998. .- - ~To t a~j Public - My Commission expires:, C '-;// / ¢' ¢ ?' MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 August 6, 1998 File #514 Deputy City Clerk Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an ~application from Daniel F. Layman, Jr., Attorney, representing the City of Roanoke Redevelopment and Housing Authority, requesting that the portion of McDowell Avenue, N. E., extending east from Kimball Avenue, N. E., in the City of Roanoke, be permanently vacated, discontinued and closed. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Daniel F. Layman, Jr., Attorney, Woods, Rogers & Hazlegrove, P.L.C., P. O. Box 14125, Roanoke, Virginia 24038 City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Evelyn S. Lander, Acting Chief, Planning and Community Development Martha P. Franklin, Secretary, City Planning Commission Ronald H. Miller, Building Commissioner 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 November 9, 1998 File #514 SANDRA H. EAKIN Deputy City Clerk Gordon M. and Helen Jones 1910 Eastgate Avenue, N. E. Roanoke, Virginia 24012 Dear Mr. and Mrs. Jones: I am enclosing copy of Ordinance No. 34059-110298 permanently vacating, discontinuing and closing an undeveloped alley running parallel to 19th Street, N. E., between 1910 and 1912 Eastgate Avenue, Official Tax Nos. 3341031 and 3341032, respectively. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, October 19, 1998, also adopted by the Council on second reading on Monday, November 2, i998, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Enclosure pc: Ms. Nellie Janney, 1912 East Gate Avenue, N. E., Roanoke, Virginia 24012 Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Street, S. W., Roanoke, Virginia 24014 W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director, Real Estate Valuation Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner Evelyn S. Lander, Acting Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34059-110298. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way itl the City of Roanoke, Virginia, as are more particularly described hereinafter. I WHEREAS, Gordon M. and Helen Jones have filed an application to the Council of the City of Roanoke, Virginia,' in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City PImming Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on October 19, 1998, after due and timely notice thereof as required by §30-14, Code of the CiW of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard oil said application; and WHEREAS, it appearing fi'om the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public fight-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public fight-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain undeveloped alley nmning parallel to 19~ Street, N.E., between 1910 and 1912 Eastgate Avenue, N.E., bearing Official Tax Nos. 3341031 and 3341032, respectively, be, and is hereby permanently vacated, discontinued and closed, and that aH right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by tile owner thereof. BE IT £URTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within tile right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with tile right of ingress and egress, over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to tile granting of the application, deliver to the Clerk of the Circuit Court for the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in tile name of the applicant, and the name of any other party in interest who may so request, as Grantee, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with tile City Engineer for the City of Roanoke, Virginia, tile Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that the City Engineer shall, upon receiving the afore- mentioned Clerk's receipt, mark "permanently vacated" on said public right-of-way on all 3 maps and plats on file in his office on which said right-of-way is shown, referring to the book and page ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of six months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. ATTEST: City Clerk. II ORD-¢'I,{ lY, { X '-JI ~NI S 4 ~CHARTERED RECEIV~.D 'DB E~i~15 P1:5Ci' Roanoke City Planning Commission October 19, 1998 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: Request from Gordon M. and Helen Jones that a certain alley running parallel to 19th Street, N. E., as the same extends between Official Tax Parcel Nos. 3341031 and 3341032, be permanently vacated, discontinued and closed. I. Background: Ao Alley right-of-way as requested for closure and vacation extends between the properties at 1910 East Gate Avenue, N. E., (Official Tax No. 3341032) and 1912 East Gate Avenue, N.E., (Official Tax No. 3340131).. B Right-of-way area at this alley is undeveloped and according to the application it has been maintained (mowed, etc.) by applicant for over 20 years now. Applicant (Jones) is in the process of building a house for her mother on the abutting tax parcel No. 3341031 or 1912 East Gate Avenue, N. E. The owner of this parcel desires to use the land within the public right-of-way as an adjunct to the existing lot. Do Alley area as requested for closure is that area extending between tax parcels 3341031 and 3341032 at an approximate width of 12 feet and for a length of approximately 125 feet. II. Current Situation: Application was reviewed by the Planning Commission at its regular meeting of September 3, 1998. No opposition was expressed by any person or persons in attendance at the heating. Bo Owners of both abutting properties 1910 and 1912 East Gate Avenue, N. E., are in agreement on the proposal to close and vacate this alley section. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (54,:)) 853-2344 Members of Council Page 2 III. IV. Issues: Ao B. C. D. E. F. Alley right-of-way has remained vacant and unproductive for many years. Neighborhood Impact. Traffic Impact: Utilization within the Public Right-of-Way. Creation of a dead-end Alley. Land Use. Relationship to the Comprehensive Plan. Alternatives: A. Approve the applicant's request to close and permanently vacate the described section of undeveloped alley, subject to certain conditions outlined in Part V of this report. 1. Neighborhood impact: Closure and vacation will have no impact on the neighborhood. 2. Traffic impact: Closure and vacation will have no affect on traffic or traffic needs in the area. 3. Utilities within the public right-of-way: a. American Electric Company has utilities within the right-of-way. b. Easements will be retained. 4. Creation of a dead-end alley: Closure and vacation will not create a dead- end alley. 5. Land use: a. Closure and vacation will eliminate the idle and unproductive status of this land as undeveloped right-of-way. Members of Council Page 3 Vo b. Land within the vacated fight-of-way will revert to the city's real estate tax rolls. 6. Relationship to the City's comprehensive plan: Request is consistent with the intent of the City's comprehensive plan that available land should be used in the most appropriate manner. B. Deny the applicant's request to close and permanently vacate the described section of undeveloped alley right-of-way. 1. Neighborhood impact would not be an issue. 2. Traffic impact would not be affected. 3. Utilities within the public right-of-way would not be an issue 4. Creation of a dead-end alley would not be an issue. 5. Land Use: a. Alley fight-of-way will remain in an idle and non-productive status. b. City will probably be required (in the future) to start maintaining the alley area. 6. Relationship to the comprehensive plan: Denial would be inconsistent with the intent of the comprehensive plan that available land be used in the most appropriate manner. Recommendation: Planning Commission by a vote of 6-0 (Mr. Hill absent) recommended that City Council approve Alternative A~ thereby approving the applicant's request to close and permanently vacate the described section of undeveloped alley right-of-way, subject to the following conditions: A. The applicant shall submit to the Agent for the Planning Commission, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which Members of Council Page 4 would otherwise be landlocked by the requested closure, or otherwise disposing of all of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. The applicant shall, upon meeting all other conditions to the granting of the application deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. The applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the city of Roanoke, Virginia, in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of six months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, Gilbert E. Butler, Jr., Chairman Roanoke City Planning Commission ERT:mpf attachments CCi Assistant City Attomey Attomey for Petitioner RECE~':£C IN ~l]II:, C()UNCIL OF Till:. CITY OF Rt~OtJ~, ¥~IG~_ .~9 IN RI:.: Application of (;ordon M..Jones and Ilclcn Jones ) AI'PI,ICATI()N FOR VACATING, for vacation of alley ) DISC()N'IINIqNG, AND CLOSING OF AI.LliY MIiMlJF. RS OF COUNCIl.: Gordon M. and llclcn Jones, by Roanoke City Council, applies to have thc undcvclopcd (or paper) alley between the properties at 1911) and 1912 F. astgatc Avenue, N.E., in the City of Roanoke, Virginia, permanently vacated, discontinued, and closed, pursuant to thc Virginia Code Section 15.1-364 and Section 30-14. Code of thc City of Roanoke (1979), as amended. This alley is more particularly described on thc plat' attached. Gordon M. and II~lcn Jones state that thc gnmnds for this application arc' as follows: I.) Applicants 0~, both adjoining lots so thcrc would bc no conflict with closure. 2.) Applicants have maintained thc Cit{' allcv for over twenty years. 3.) Thc property to bc vacated is presently undcvclopcd and consists of grass. 4.) Thc applicants desire to use thc property to bc vacated as yard. The following is a complete list of all property owners affected I)y thc proposed discominuancc, vacation and closure of the undeveloped alley between 1910 and 1912 Eastgatc Avenue, N.E. Roanoke, Virginia 24012: (;ordon M. and I Iclcn Jones 1910 !!astgatc Avenue, N.E. Roanoke, Virginia 24012 Official Tax #334 IO31 1912 Eastgatc Avenue, N.I~ Roanoke, Virginia 24012 Official Tax #3341052 WItEREFORIi, Gordon M. and Ilclcn Joncs respectfully request that the above described alley bc vacated by thc Council of thc City of Roam)kc, Virginia in accordance with Virginia Code Section 15.1-364 and Section 313'14 Code of thc City of Roanoke (1979), as amended. Rcspcctfully Submitted, Gordon M. and Ilclen Jones I I I I I / / REQUESTED/ ' 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 October 14, 1998 File #514 SANDRA H. EAKIN Deputy City Clerk Gordon M. and Helen Jones 1910 Eastgate Avenue, N. E. Roanoke, Virginia 24012 Dear Mr. and Mrs. Jones: I am enclosing copy of a revised proposed ordinance in connection with your request that an undeveloped alley running parallel to 19th Street, N. E., between 1910 and 1912 Eastflate Avenue, Official Tax Nos. 3341031 and 3341032, respectively, be vacated, discontinued and closed. The language "to a dead end at the Norfolk and Western Railway fight-of-way" has been deleted from the proposed ordinance which will be considered by Roanoke City Council at the public hearing to be held on Monday, October 19 at 7:00 p.m., or as soon thereai~er as the matter may be heard, in the City Council Chamber, 215 Church Avenue, S. W. Thank you for calling the matter to the attention of the City. If you have questions, please feel free to call me. MFP:lo Enclosure Sincerely, Mary F. Parker, CMC/AAE City Clerk pc: The Honorable Mayor and Members of the Roanoke City Council Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Street, S. W., Roanoke, Virginia 24014 Evelyn S. Lander, Acting Chief; Planning and Community Development Martha P. Franklin, Secretary, City Planning Commission Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney CORRECTED NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Heating on Monday, October 19, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in said public tight-of-way, the following public tight-of-way: That certain undeveloped alley running parallel to 19th Street, N.E., between 1910 and 1912 Eastgate Avenue, N.E., beating Official Tax Nos. 3341031 and 3341032, respectively. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this ~day of ,1998. Mary F. Parker, City Clerk. H:~qOTICEXNC-JONES 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 October 6, 1998 File #514 Ms. Nellie Janney 1912 Eastgate Avenue, N. E. Roanoke, V~trginia 24012 Dear Ms. Jarmey: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 19, 1998, at 7:00 p.rm, or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Municipal Buildin~ 215 Church Avenue, S. W., on the request of Gordon M. and Helen Jones that an undeveloped alley nmning parallel to 19th Street, N. E., between 1910 and 1912 Eastgate Avenue, Official Tax Nos. 3341031 and 3341032, respectively, to a dead end at the Norfolk and Western Railway right-of-way, be permanently vacated, discontinued and closed. The City Planning Commission has recommended approval of the request, subject to the following conditions: Ao The applicant shall submit to the Agent for the Planning Commission, receive all required approvals thereof~ and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining ail properties which would otherwise be landlocked by the requested closure, or otherwise disposing of all of the land within the right-of-way to be vacated in a manner consistent with law,' and retaining appropriate easements, together with the right of ingress and egress over same, for installation and maintenance of any and all existing utilities that may be located within the right-of-way. H:~S'TR~ES.WP'D Ms. Nellie Janney October 6, 1998 Page 2 Bo The applicant shall, upon meeting all other conditions to the granting of the application deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of the authorizing ordinance for recordation in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. Co The applicant shall, upon a certified copy of the authorizing ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of six months from the date of adoption of the authorizing ordinance, said ordinance shall be null and void with no further action by City Council being necessary. If you would like to receive a copy of the City Planning Commission's report, please call the City Clerk's Office at 853-2541. This letter is provided for your information as an interested and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Community Development at 853-2344. MFP:Io Sincerely, Mary F. Parker, CMC/AAE City Clerk H:~"EEE'r98~:~ES.WPD MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 October 6, 1998 SANDRA H. EAKIN Deputy City Clerk File #514 Gordon M. and Helen Jones 1910 Eastgate Avenue, N. E. Roanoke, Virginia 24012 Dear Mr. and Mrs. Jones: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 19, 1998, at 7:00 p.m., or as soon thereaRer as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., on your request that an undeveloped alley running parallel to 19th Street, N. E., between 1910 and 1912 Eastgate Avenue, Official Tax Nos. 3341031 and 3341032, respectively, to a dead end at the Norfolk and Western Railway fight-of-way, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a notice of public hearing, an Ordinance and a report of the City Planning Commission with regard to the matter. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Community Development at 853-2344. It will be n~essary for you, or your representative, to be present at the October 19 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure H:~'TREETg~MONES.WPO The Roanoke Times Ad Number: 888456 Publisher's Fee: $139.62 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: 10/01/98 FULL RUN - Thursday 10/08/98 FULL RUN - Thursday Witness, this 12th day of October 1998 Aut h~l z~e~v ~ g~a---~t u r/~--~w~/~P NOTICE OF PUBUC HEARING TO WHOM iT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, October 19, 1998; at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on an application to per- manently abandon, vacate, dis- continue and close, to the extent the City has any legal interest in said ~ ~t~t- of-way, the following public' dght-of-wey: That certain undeveloped alley running purallel to 19th Street, N.E., between 1910 and 1912 Eastgate Avenue, N.E., bearing Official Tax Nos. 334i031 and 3341032, respectively, to a dead end at the Norfolk and Western Railway right.of-way. A copy of this proposal is avail- able for public iospec~don in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear ,on the above date and be heard on the question. GIVEN under rny hand ,this 1st Mary F. Pa~ker, City Clerk. (888459) NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, September 2, 1998, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request fi.om Gordon M. and Helen Jones that an alley running parallel to 19t~ Street, N.E., and perpendicular to East Gate Avenue, N.E., and located between 1910 and 1912 East Gate Avenue, N.E., said addresses more specifically identified as Official Tax Nos. 3341032 and 3341031, be permanently vacated, discontinued and closed. A copy of said application is available for review in the Department of Planning and Community Development, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, August 18, 1998 and August 25, 1998 Please bill and send affidavit of publication to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) ;ro THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA R ~-,-;-. PERTAINING TO THE STREET AND ALLEY CLOSURE REQUEST OF: _ 98 3J0:29 Gordon and Helen Jones alley between 1910 and 1912 East (Sate, N.E.)Affidawt COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 24th day of August, 1998, notices ora public heating to be held on the 2nd day of September, 1998, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 3341032 Owner's Name Nellie Janney Martha Pace Franklin Mailing Address 1912 East Gate Avenue, NE Roanoke, VA 24012 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day of August, 1998. Not~-~ Public My Commission expires: j~ ~, ,. ~/1 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 July 20, 1998 File #514 SANDRA H. EAKIN Deputy City Clerk Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from Gordon M. and Helen Jones requesting that the undeveloped alley between properties located at 1910 and 1912 Eastgate Avenue, N. E., be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io:js Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Gordon M. and Helen Jones, 1910 Eastgate Avenue, N. E., Roanoke, Virginia 24012 Nellie Janney, 1912 Eastgate Avenue, N. E., Roanoke, Virginia 24012 Evelyn S. Lander, Acting Chief, Planning and Community Development Martha P. Franklin, Secretary, City Planning Commission Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney N:~CK'rEI~JONES.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 November 9, 1998 File #514 SANDRA H. EAKIN Deputy City Clerk Donald L. Wetherington, Attorney Wetherington, Melchionna, Terry, Day & Ammar P. O. Box 90 Roanoke, Virginia 24002 Dear Mr. Wetherington: I am enclosing copy of Ordinance No. 34060-110298 permanently vacating, discontinuing and closing a portion of Ferndale Ddve, N. W., bounded on the west by property of the City of Roanoke, identified as Official Tax No. 6460103, and on the north and east by Official Tax Nos. 6460101 and 6460106. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, October 19, 1998, also adopted by the Council on second reading on Monday, November 2, 1998, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Enclosure pc:, Mr. Maury L. Strauss, P. O. Box 20287, Roanoke, Virginia 24018 Boulevard Motel Corporation, c/o Manor Care - Gary Powell, 10750 Columbia Pike, Silver Springs, Maryland 20901 Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Street, S. W., Roanoke, Virginia 24014 W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Donald L. Wetherington November 9, 1998 Page 2 pc: Willard N. Claytor, Director, Real Estate Valuation Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner Evel.yn. S. Lander., Acting Chi~, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34060-110298. AN ORDINANCE permanently vacating, ~sconfinuing and closing ce~ain public right-of-way in the City of Roanoke, Vkginia, as are mo~ partic~arly described hereinafter. WHEREAS, Innotech, Incorporated filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinat~er; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on October 19, 1998, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public fight-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public fight-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of Femdale Drive bounded on the west by property identified as Official Tax No. 6460103, on the north by property identified as Official Tax No. 6460101, and on the east by property identified as Official Tax Nos. 6460101 and 6460106. be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal f~om the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED closure of the subject right-of-way is conditioned upon the dedication by the applicant of a 50-foot wide strip of land along the easterly boundary of Official Tax No. 6460101 for a public fight-of-way, on a location acceptable to the Agent for the Planning Commission, and the construction of a public street within the said fight-of-way in accordance with all applicable City of Roanoke and Virginia Department of Transportation requirements. BE IT FURTHER ORDAINED that closure of the subject fight-of-way is conditioned upon the applicant submitting to the Agent for the Planning Commission, receiving all required approvals of, and recording with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right- of-way to be vacated in a manner consistent with law, dedicating the right-of-way referenced above to the City of Roanoke as set forth in, and under such terms as set forth in, the Planning Commission's report dated October 19, 1998, to this Council, and retaining appropriate easements, together with the right of public passage over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court for the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the name of any other party in interest who may so request, as Grantee, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, in the Deed Books of said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that the City Engineer shall, upon receiving the afore- mentioned Clerk's receipt, mark "permanently vacated" on said public right-of-way on all maps and plats on file in his ofl~ce on which said right-of-way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of two (2) years ~om the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. ATTEST: City Clerk. H:'~d ffA~IR~S~O-INNO. 1 4 Roanoko City Planning Commission October 19, 1998 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, Virginia II. Dear Members of Council: Subject: Request fi.om Innotech, Inc., represented by Donald L. Wetherington, attorney, that a portion of Ferndale Drive, N.W., said portion being bounded on the north by property bearing Official Tax No. 6460101 and on the east by properties beating Official Tax Nos. 6460106 and 6460101, and on the west by property beating Official Tax No. 6460103, be permanently vacated, discontinued and closed. mo Bo _Innotech, Inc., a subsidia _ry of Johnson and JohnsoJ,, is requesting that a portion of Ferndale Drive be closed and vacated for the purposes of acquiring the land within the street right-of-way to construct a new industrial facility. _Applicant also has submitted a petition to rezone Official Tax Nos. 6460101 and 6460106, from conditional C-2, General Commerical to LM, Light Manufacturing District to permit development of the facility. See accompanying rezoning report for more detailed information. 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. Current Situation: Traffic access issues relatin to the ro osed develo ment are resentl under ~onsultants and the Cit. Several off-site improvemen being considered to manage increased traffic associated with the develot)mteSn~e The proposals include: Room 162 · At least two transportation access points are proposed to serve the property. These points are to include (1) access to Hershberger Road via Ferndale Drive and/or Frontage Road and (2) access to Peters Creek Road via Frontage Road. Both of these access points are to be designed and Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-.2344 Members of Council Page 2 III. IV. approved in agreement with requirements of the City of Roanoke and the Virginia Department of Transportation. The design of the Hershberger Road access is proposed as a connection from Ordway Drive to Ferndale Drive with a cul-de-sac at Ferndale Drive and the property of Roanoke City Schools. Bo · The design of the Peters Creek Road access is proposed as an extension of Frontage Road across the front of the property and connecting it with the existing Frontage Road to Peters Creek Road. The Peters Creek Road access could include a cul-de-sac at Laurel Ridge Road. · A fifty foot right-of- way across the front of the subject property extending the Frontage Road could be dedicated and constructed to serve as the required public road frontage for the proposed industrial development. School administration has requested that Ferndale Drive be terminated with barrier and buffering. - Co Roanoke City Planning Commission public heating was held on Wednesday, October 14, 1998. Mr. Don Wetherington, attorney for the applicant, presented the street closure and rezoning request simultaneously. All questions from the Commission and the public were addressed after the presentation of the rezoning request. Mrs. Lander from the Planning staffmade a presentation to the Commission and stated that staff was recommending approval of the proposed closure. Issues: A. Neighborhood impac~t. B. Transportation Access. Co _Utilities within the public right-of-way. _Creation of a dead-end street. E. _Land use. F. _Relationship to the comprehensive pla~. Alternatives: mo City Council approve the a ' ' - pphcant s request to close and permanently vacate the described section of Ferndale Drive, N.W., subject to certain conditions outlined in Section V., of this report. Members of Council Page 3 Neighborhood impact. Closure and vacation of this street would have not direct impact on the immediate neighborhood. Extension of Ferndale Drive beyond the subject property is not feasible because of an existing apartment complex. Trans ortation access to the ro ert will be re uired from an alternative locati . Closure and vacation of the described street section should be made subject to the dedication of a 50 foot wide right of way along the easterly boundary of 6460101 and the construction of a public street to serve as primary access for the development. _Utilities within the public right-of-way. ao City has a public service water line in the right-of-way of this section of street. _Easement will be required for this facility. City staff is not aware of any other public or private utilities being located in the street. Bo _Creation of a dead-end street, Closure and vacation will not create a dead- end street. An approved turn around will be required as part of the subdivision plat to be prepared for the closure. o .Land use_. Property has remained vacant for many years. Closure of the subject street section and rezoning of the adjacent land will enable it to be developed for productive industrial purposes. .Relationship to the comprehensive pla~t. Request is consistent with the City's Comprehensive Plan. Industrial development on appropriate sites should be encouraged; available land should be developed in an appropriate and well planned manner. .City Council deny the applicant's request to close a portion of Ferndale Drive. 1. Neighborhood impact is not an issue. Transportation access would still be an issue for development of the property. .Utilities within the public right-of-waly would not be an issue. _Creation of a dead-end street_ would not be an issue. .Land use. This street section currently serves as frontage for the vacant property. Members of Council Page 4 go 6. Relationship to the comprehensive plan would not be an issue. Recommendation: By a vote of 6-0, (Mr. Hill had left the meeting) the Roanoke Ci_ty Planning CommissioJJ recommended approval of Alternative A thereby recommending that City Council approve the request to close and vacate the described section of Ferndale Drive, N. W. subject to the following conditions: mo Dedication of a 50 foot wide strip of land along the easterly boundary of 6460101, for a public right-of-way, on a location acceptable to the Agent for the Planning Commission, and the construction of a public street within said right-of-way in accordance with all applicable City of Roanoke and Virginia Department of Transportation requirements. Bo The applicant shall submit a subdi~ to the Agent for the Planning Commission, receive all required approvals, and record the plat with the Clerk of the Circuit Court for the City of Roanoke, combining all properties which would otherwise be landlocked by the requested closure, disposing of land within the right-of-way to be vacated, retaining appropriate easements including the right of ingress and egress for the installation and maintenance of all existing utilities located within the right-of-way, and dedicating the right-of-way referenced in Condition A. Co Do Upon meeting all other conditions for this closure, the applicant shall deliver a certified co of this ordinance for recordation to the Clerk of the Circuit Court of the City of Roanoke, Virginia. Such records shall be indexed in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay all fees and charges required by the Clerk for recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file the Clerk's receipt .with the City Engineer for the City of Roanoke, Virginia, to demonstrate that such recordation has occurred. Bo If the above conditions have not been met within a period of two years from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action required by City Council. Respectfully submitted, Gilbert E. Butler, Jr., Chairman Roanoke City Planning Commission Members of Council Page 5 ERT:mpf attachments cc: Assistant City Attorney Attorney for the Petitioner VIRGINIA: IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Application of Innotech, Incorporated for Vacation of a Portion of Femdale Drive ) ) ) ) APPLICATION FOR VACATING, .DISCONTINUING AND_ .CLOSING A PORTION OF .FERNDALE DRIVE MEMBERS OF COUNCIL: Innotech, Incorporated, by counsel, applies to have the following portion of Ferndale Drive, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This portion of Ferndale Drive is bounded on the west by property of City of Roanoke (Tax Map number 6460103), on the north and east by Tax Map number 6460101 and Tax Map number 6460106, both owned by Manry L. Strauss and Shelia S. Strauss and both of which Innotech, Incorporated has the fight to purchase, and on the south by an extension of the southerly line of Tax Map number 6460106. This segment of Femdale Drive is more clearly shown as the cross-hatched area on the excerpt from the Tax Maps of the City of Roanoke attached as Exhibit A. 1. This segment of Ferndale Drive provides no through access to the public, inasmuch as its northern terminus is a dead end. The public-at-large will not be inconvenienced or burdened by the vacation. 2. The applicant has the fight to purchase Tax Map Numbers 6460101 and 6460106 and requests that City Council consider tiffs application at the same time it considers a previously filed rezoning petition with respect to the same properties and agrees that the portion of Femdale Drive subject to this application be closed and vacated only if the rezoning of the adjacent properties is granted. 3. Adjacent property affected is Tax Map number 6460103, owned by the City of Roanoke, 215 Church Avenue, Roanoke, Virginia 2401 I. The applicant is aware of no objection to the vacation here applied for. WHEREFORE, Irmotech, Incorporated respectfully requests that the above- described portion of Femdale Drive be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, Innotech, Incorporated B¥1~~ September 10, 1998 Date Donald L. Wetherington Wetherington, ~Melchionna, Terry, Day & Ammar Post Office Box 90 Roanoke, Virginia 24002 (703) 982-3800 Counsel for Petitioners W:[Wi~W~ 142224.1~.v~m~q~ah 2 // // // / ~,PPRAISAL MAP ,,s'/,/~-ZT-/¢~. 6 4 6 264 PROPOSED C-2 to LM ;ZONING ZONING MAP c/r,/ ~ ./,,~,4,G~t, v,4. OCT 15 '98 16:87 MARK PETERSEN 540 362 ??22 TO: TO:Roano~O~k Mark Perm 540 8531145 P01 A.~. 0CT-15-1998 17:16 540 36;::;' ??,22 OCT 15 ~8 ~6:~Z MRRK PETERSEN TO: 540 85:31145 P82 Mm-k P~ter~l P.O. Box 5272 Romoke, VA 24012 Roanoke Ci~ Council M~ml~ Romoke, VA 24O12 M,,,. ~ ,._., ...... . ~r o-~4m-~, I/2 or'the Crossroads · . oftbJs ! t~mtol ' · . .. °l~PW'/~'lilim?If' Itt~i · . . '.~i~IIOfo~. V'tsion~s.nnmed_,mt~,,,,~._~._._ ~__.not, . ts e ofatfairs mthis.to~. ~m.~, , ' · -,,-.~ ,-, ,,v )'~.rS r,.~,.. ... .: ...... .,_- ..... 'Y I the finn's destruction. , Pqe Two Mark Peterses letter Please call me if you would like to talk about this issue further. Yours Truly, resident, NW Roanoke Ct~. 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 October 6, 1998 F~e #51-514 Donald L. Wetherington, Attorney Wetherington, Melchionna, Terry, Day & Ammar P. O. Box 90 Roanoke, Virginia 24002 Dear Mr. Wetherington: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised public heatings for Monday, October 19, 1998, at 7:00 p.m., or as soon thereat~er as the matters may be heard, in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., on the request of Innotech, Inc., that a portion of Femdale Drive, N. W., bounded on the west by property of the City of Roanoke, identified as Official Tax No. 6460103, on the north and east by Orificial Tax Nos. 6460101 and 6460106, be permanently vacated, discontinued and closed; and 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. For your information, I am enclosing copy of notices of the public heatings and Ordinances. Copy of the reports of the City Planning Commission will be forwarded to you following the Planning Commission meeting which will be held on October 14. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. It will be necessary for you, or your representative, to be present at the October 19 public hearings. Failure to appear could result in a deferral of the matters until a later date. H:~,S'TRF. E"Fg~WE'"[HERIN.WPO Donald L. Wetherington October 6, 1998 Page 2 MFP:Io Enclosure Sincerely, Mary F. Parker, CMC/AAE City Clerk H:~b~TREE"rg~W*~"HERiN.WDO Ad Number: 888477 Publisher's Fee: $136.04 WETHERINGTON, MELCHIONNA TERRY, DAY & AMMAR PO BOX 90 ROAONKE, VA 24002 The Roanoke Times STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 10/01/98 FULL RUN - Thursday 10/08/98 FULL RUN - Thursday Witness, this 12th day of October 1998 Authorized Signature NOTICE OF PUBUC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke vdll hold a Public Hearing on Monday, October 19, 1998, at 7:00 p.m., or as soon thereafter as the matter may be beard, in the Council Cherdber in the Municipal Buildin~ 215 Chumh Avenue, S.W., on an application to per- manently abandon, vacate, dis- cor~tinue and close, to the extent the City has any legal interest in said public right- of-way, the following public right-of-way: The portion of Femdele Drive bounded on the west by prop- erty of the City of Roanoke, identified aa Official Tax No. 6460103, and on the no~th and east by Official Tax Nos, 6460101 and 6460106. A copy of this propmml is aveii- able for public inspection in the Office of the City Cle~k~ Room 456, Municipal Buildir~. All parties in intorest may appear on the above date and be heard on the question. GIVEN undor my hand this 1st day of Ontobe~, 1998. Mary F. Parker, City CJerk. (888477) NOTICE OF PUBLIC iiEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, October 19, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chanlber in the Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in said public right-of-way, the following public right-of-way: The portion of Ferndale Drive bounded on the west by property of the City of Roanoke, identified as Official Tax No. 6460 i 03, and on the north and east by Official Tax Nos. 6460 i 01 and 6460106. A copy of this proposal is available for public inspection hi the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest may appear on the above date and be heard on the question. GIVEN under lily hand this 1st day of October ,19 98. Mary F. Parker, City Clerk. II NIrll('ll N-INNlll TO ~HE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA P~RTAINING TO THE STREET AND ALLEY CLOSURE REQUEST OF: Innotech, Inc., to close a portion of Femdale Drive, N.W. )Affidavit COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 5th day of October, 1998, notices of a public heating to be held on the 14th day of October, 1998, on the street closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name Mailing Address 6460101 6460106 Maury L. Strauss P. O. Box 20287 Roanoke, VA 24018 6460104 Boulevard Motel Corporation c/o Manor Care - Gary Powell Martha Pace Franklin 10750 Columbia Pike Silver Springs, MD 20901 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 5th day of October, 1998. ~ ~ ~ ;~ otary Pub li/c/ My Commission expires~ ~_~// /~ MARY F. PARLOR, 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 F~e#514 SANDRA H. EAKIN Deputy City Clerk Gilbert E. Buffer, Jr., Chnir City Plannin~ Commission 3406 Exeter Street, S. W. Roanoke, V'trgini~ 24014 Dear Mr. Buffer: Pursuant to Section 30-14, Procedure for alterin8 or vacatin8 City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosi~ coif of an appli~tion from Donald L. Wetherinston, Attorney, repre~ng~ Innote~ lno., requesti~ that the portion of Femdalo Driv~ bounded on the w~st by property oftlm City of Roanoke, identified as Official Tax No. 646010~, on the north and east by Official Tax Nos. 6460101 and 6460106, be ~ Mary F. Parker, CMC/AAE Clerk Enclosure The Honorable Mayor and Members of the Roanoke 'City Council Donald L. WethefinsIon, ~, Wetherin&ton, Melchionn~ Terry, Day & Ammar, P. O. Box 90, Roanoke, Vh'ginia 24002 Evelyn S. Lander, Aclin8 Chiet~ Plannin8 and Comrmmity Development Evelyn D. Dorsey, Zonin8 Administrator Martha P. Franklin, Secretary, City Plannins Commission Ronald H. Miller, Building Commim'oner Steven ~I. Talevi, Assistant City Attorney MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 November 9, 1998 File #51 SANDRA H. EAKIN Deputy City Clerk Donald L. Wetherington, Attorney Wetherington, Melchionna, Terry, Day & Ammar P. O. Box 90 Roanoke, Virginia 24002 Dear Mr. Wetherington: I am enclosing copy of Ordinance No. 34061-110298 rezoning 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, from C-2, General Commercial District, to LM, Light Manufacturing District. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, October 19, 1998, also adopted by the Council on second reading on Monday, November 2, 1998, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Enclosure pc:. U. S. Golf Properties, LP, c/o The Fairways Group, LP, 9540 Center Street, Suite 300, Manassas, Virginia 22110 Boulevard Motel Corp., Deloitte 8, Touche Property Tax Service, P. O. Box 723427, Atlanta, Georgia 31139 Sterlingwood Limited Partnership, c/o GMAC Commercial Mortgage Corp., P. O. Box 1015, Tax Dept., Horsham, Pennsylvania 19044 ESA 0291, Inc., 450 East Las Olas Blvd., Fort Lauderdale, Florida 33301 Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Street, S. W., Roanoke, Virginia 24014 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Donald L. Wetherington November 9, 1998 Page 2 pc: Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director, Real Estate Valuation Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner Evelyn S. Lander, Acting Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2hd day of November, 1998. No. 34061-110298. 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. WHEREAS, lnnotech, Incorporated has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on October 19, 1998, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this recommendation made Council, after considering the aforesaid application, the to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1- 3, Code of the City of Roanoke (1979), as amended, and Sheet No. 646 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Two tracts of land at or near the northern terminus of Femdale Drive, N.W., and abutting the western boundary of Interstate route 581, and designated on Sheet No. 646 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 6460101 and 6460106, be, and are hereby rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, as requested in the Amended Petition to Rezone filed in the Office of the City Clerk on October 7, 1998, and all other proffers previously placed on the subject property, including those placed on the property by Ordinance No. 26999, adopted May 21, 1984, and Ordinance No. 28612, adopted on April 27, 1987, shall be removed from the subject property upon the effective date of the rezoning of this proprty, and that Sheet No. 646 of the Zone Map be changed in this respect. ATTEST: City Clerk. H:~M F. ASUI~S~-INRET.~. I Roanoke City Planning Commission October 19, 1998 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Innotech, Inc., represented by Donald L. Wetherington, attorney, that property located along Ferndale Drive, N. W., designated as Official Tax Nos. 6460101 and 6460106 and containing approximately 31 acres, more or less, be rezoned from C-2, General Commercial District to LM, Light Manufacturing I. Background: mo Property was initially zoned IDM, Industrial Development District, in the 1960s. The district was intended to encourage the planned, orderly development of industrial areas where sites have been determined to be accessible to major highways, public facilities and services. In 1987, a revised and more restrictive LM, Light Manufacturing District replaced the IDM and previous LM Districts. Property was rezoned to C-2, Commercial District with conditions in 1984 for the purposes of constructing a Hampton Inn Hotel on the property. In 1987, as part of the overall amendments to the Official Zoning Map, the conditions of the property again were changed. The existing conditions on the property are as follows: The following uses shall not be constructed or operated on lots 6460106 and 6460105: theaters with unlimited seating capacity; drive in movie theaters; restaurants, unless they are accessory to a permitted use and in the same building; open air markets; food stores; highway convenience stores; gas stations; establishments primarily engaged in the sale or rental of automobiles, trucks, and construction equipment; auto accessory sales; uses permitted by special exception in the C-2 District, except that "group care facilities subject to the requirements of Section 36-560, et seq" may be permitted if approved by the Board of Zoning Appeals; Buildings containing more than two retail stores. The 50 foot right of way from Arrow Wood apartments property (Montauk Road extended) will be abandoned. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Members of Council Page 2 An easement and 50 foot right of way will be reserved for dedication for public use along the easterly boundary of 6460101 to join the existing Frontage Road to the south and the easement shown on may 647 to the north. A 50 foot easement will be reserved for public use from Ferndale extended, east to the Frontage Road easement. Upon the development of more than 15 acres of the land an access point or points in addition to or other than Ferndale Drive extended will be constructed. Upon construction or expansion of a hotel facility to more than 165 rentable rooms, an access point or point will be constructed in addition to or other than Femdale Drive extended will be constructed. No building or parking lots shall be constructed within 50 feet of adjoining land (property no. 6460103) or within 100 feet of adjoining land (property no. 6472101). Indigenous trees not less than 5 feet in height will be planted not more than 20 feet apart as a buffer adjacent to 6460103 and between 90 and 100 feet from the boundary adjacent to 6472101. Co Over the years, several large retail users have considered developing the property, however, the property has remained vacant. II. Current Situation: Innotech, Inc., a subsidiary_ of Johnson and Johnson, is considering development of the subject property for a new industrial facility. A description of how Innotech proposes to use and develop the property is attached. A rezoning request for the property was filed in August. An amended petition was filed on October 7, 1998, which clarified that previously proffered conditions were to be deleted. There are no conditions proffered as part of the request for rezoning. In addition to the rezoning, Iunotech has filed a petition to close a portion of Ferndale Drive on the property in order to make the property more usable for industrial development. At present, consultants for Innotech are reviewing site development conditions, including traffic management, utility services, storm water management, and landscape buffering of the adjacent school and apartment uses. Studies are still underway and there have been no decisions or agreements reached regarding the development of the property. The City is actively working with Innotech to facilitate the industrial development. Members of Council Page 3 The City's Comprehensive Plan targets the area for new industrial development because of its visibility and its proximity to the interstate, other primary roads, and the airport. Roanoke City Planning Commission public hearing was held on Wednesday, October 14, 1998. Mr. Don Wetherington, attorney for the petitioner, presented the rezoning and street closure requests simultaneously. Mrs. Lander presented the staff report recommending approval of the request. At the conclusion of the staff report, the floor was opened for discussion. Planning Commission member Rife questioned whether the proposed use would emit any noxious fumes or loud noise and whether any hazardous waste would be transported to or from the site. Mr. Wetherington assured him that the answer was no to all questions. Carl Smith, general manager of Clarion, appeared before the Commission in support of the requested rezoning. Richard Kelley, assistant superintendent for operations for Roanoke City Schools, also appeared before the Commission and noted that the School Board's concerns had been outlined in a letter dated 9/9/98 and attached to this report. He said that School Board was generally pleased and in favor of the rezoning and felt it would provide a safety buffer between the school and the currently vacant land. There was no one present in opposition to the request. III. Issues: Zoning of the property is currently C-2, Commercial District with conditions. The conditions relate to the commercial development of the property and the effects of commercial uses on adjacent residential uses and road systems. The adjacent zoning is a combination of C-2 Commercial, LM Light Manufacturing, and RM-2 Residential Multi-family District. Land use of the property is presently vacant. Other properties have been developed for hotels and motels, a wholesale distributor and service provider, a school, a golf course, and apartments. The subject property has been considered for major retail users in the past, as well as a hotel. Transportation access to the subject property now is provided to Hershberger Road via Frontage Road and Ferndale Drive. Past transportation studies by the City for development in this area have encouraged completion of Frontage Road to connect with Peters Creek Road and re-alignment of Ordway Drive (signalized) to connect with Ferndale Drive. The City School system has expressed concern for additional traffic on Ferndale Drive and has requested closure of the street should any traffic patterns be altered. (See letter of September 9, 1998, attached.) D. Economic development is an important goal of Roanoke City government especially Members of Council Page 4 in attracting new industry_. Increased employment, improved economic base, and expanded investment are essential elements in maintaining the City's and the region's services and quality of life. E. Utilities for water and sewer are available to the property. Fo Flood plain is located in the eastern portion of the property. The parcel is part of the large Lick Run watershed. Development of the site will require coordination with the Corps of Engineers, the Federal Emergency Management Association, and the City Engineer. Neighborhood does not have an organized neighborhood association. However, meetings have been held with school representatives and the owner and managers of the adjacent apartment complex. A recent meeting also was held with residents of Laurel Ridge Road (near Peters Creek Road). H. Comprehensive Plan recommends: Commercial, industrial and residential growth and development should be encouraged through public and private actions to ensure a strong and diversified economic base and employment opportunities for all of Roanoke's citizens. Development of new commercial or industrial areas in the city should be carefully planned and designed to promote quality development and good land use. o Because of the limited amount of existing industrially zoned land in Roanoke, the Comprehensive Plan and related ordinances should protect these area~ by restricting uses to only industrial categories. New industrial development should be encouraged on appropriate sites. The subject property is identified as an area for potential future industry in the Industrial Development Strategy Map in the Comprehensive Plan. Neighborhood character and environmental quality should be protected. Possible changes in land use or new development in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. IV. Alternatives: A. City Council approve of the rezoning request. 1. Zoning returns to industrial district, LM. Zoning is consistent with future Members of Council Page 5 o industrial areas identified in the City's Comprehensive Plan. Land use is restricted 'to those permitted in the Light Manufacturing District. Retail uses would not be permitted unless they are accessory to an industrial use. o Future development of the property will require review by the City Planning Commission as part of Comprehensive Development Plan review because it is larger than two acres and it abuts a residential district. Such review is also required if constructed buildings exceed 100,000 square feet in area. Transportation access is still under study. Future development of the property and any transportation improvements will be required to meet the approval of both the City and the Virginia Department of Transportation. At present, the following is under consideration: At least two transportation access points are proposed to serve the property. These points are to include (1) access to Hershberger Road via Femdale Drive and/or Frontage Road and (2) access to Peters Creek Road via Frontage Road. Both of these access points are to be designed and approved in agreement with requirements of the City of Roanoke and the Virginia Department of Transportation. The design of the Hershberger Road access is proposed as a connection from Ordway Drive to Ferndale Drive with a cul-de-sac at Ferndale Drive and the property of Roanoke City Schools. The design of the Peters Creek Road access is proposed as an extension of Frontage Road across the fi'ont of the property and connecting it with the existing Frontage Road to Peters Creek Road. The Peters Creek Road access could include a cul-de-sac at Laurel Ridge Road. Also, the transportation corridors will consider alternative modes of transportation for bicycle, pedestrian, and bus accommodations. In addition, traffic volumes associated with this type of industrial development are expected to be lower than for certain land uses allowed under the existing commercial zoning. The expected traffic volumes also would result in a minor increase in the total traffic volume on Hershberger Road (4%) because of anticipated traffic flow during labor shifts and non- peak hours. Economic development is encouraged. Utilities are available and are not a development issue, Members of Council Page 6 o Flood plain management is also under study. Coordination with the Corps, FEMA, and the city engineer has been initiated. To date, preliminary plans are acceptable. Further details are expected to be completed as part of Comprehensive Development Plan review. o Neighborhood meetings have been held by the applicant. Concerns have been related to traffic management. The school system desires that Femdale Drive be closed if the development plan is implemented. The residents of Laurel Ridge Road have requested closing the road at Frontage Road to prevent neighborhood through traffic. Other interests have requested signalization at Peters Creek Road. Comprehensive Plan is followed. New industrial land, as identified in the Comprehensive Plan can be developed for appropriate, desirable economic development. B. City Council deny the rezoning request. 1. Zoning remains C-2, with conditions. Land use can be in accordance with those uses permitted in the C-2 district provided they are consistent with proffered conditions. o Transportation management is still an unresolved issue. Traffic associated with a large commercial use will likely be higher in volume and frequency. Traffic improvements would be necessary to accommodate development. 4. Economic development opportuni _ty for industry_ is lost for subject property. 5. Utilities are available and should not be a development issue. 6. Flood plain management will need to be addressed. 7. Neighborhood impact from a commercial user could be greater. go 8. Comprehensive Plan conflicts with current zoning of subject property. Recommendation: By a vote of 7-0, the Roanoke City Planning Commission recommended approval of thc, rezoning request. Changing the zoning of the subject property from conditional C-2, General Commercial to LM, Light Manufacturing 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 the Members of Council Page 7 adjacent residential uses, a change in zoning to allow industrial development is very appropriate for the property. Design and construction details of the development can be considered and approved at a later date by the City staff and the Planning Commission as part of Comprehensive Development Plan and Subdivision review. In addition, other City staff are presently working with Innotech to address the public infrastructure issues. Respectfull-y submitted, Gilbert E. Butler, Jr., Chairman Roanoke City Planning Commission ESL attachments cc: Assistant City Attomey Attorney for the Petitioner VIRGINIA: Re: IN THE COUNCIL OF THE CITY OF ROANOKE Rezoning two tracts of land at and near ) the northern terminus of Femdale Drive ) and abutting the western boundary of ) Interstate Route 581 designated Official ) Tax Numbers 6460101 and 6460106 ) from C-2, General Commercial District, ) subject to conditions, to LM, Light ) Manufacturing District. ) AMENDED Petition to Rezone TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. Innotech, Incorporated ("Innotech"), a wholly owned subsidiary of Johnson and Johnson, is a technology-based company in the optical industry which manufactures, distributes and sells ophthalmic lenses, optical preforms and in-office lens surface casting systems. 2. Innotech has acquired the option to buy from Maury L. Strauss and Shelia S. Strauss certain property ("Property") in the City of Roanoke, V~ginia consisting of two adjacent tracts, containing together approximately 31.206 acres and designated by official Tax Numbers 6460101 and 6460106, according to Tax Map records of the City of Roanoke, fronting Femdale Drive and Interstate Route 581. A copy of a portion ora map from those records is attached. 3. The Property is presently zoned C-2, General Commercial District, subject to conditions. The relative location of the Property and the classification and extent of adjacent zoning districts are shown on the attached Tax Map excerpt. 4. The Property is currently vacant and without any development, except for aging farm buildings and fencing. Innotech wishes to acquire and construct on the Property facilities for the expansion of its manufacturing, research and development, and business operations. 5. A Preliminary Concept Plan is attached. 6. Innotech requests that the Property be rezoned from C-2, General Commercial District, with conditions, to LM, Light Manufacturing District without any conditions, and in that connection expressly requests that all conditions to which the present zoning classification is subject be extinguished as part of this rezoning. 7. The property has previously been zoned for industrial and manufacturing purposes. The City's Comprehensive Plan specifies industrial development for an area that includes the Property. Rezoning the Property as requested will further the intent and purpose of the City's Zoning Ordinance and its Comprehensive Plan by facilitating a necessary manufacturing activity, while providing against effects potentially harmful to adjacent and surrounding districts. This rezoning will encourage and promote economic development activities that provide desirable employment and enlarge the tax base. 8. Innotech's proposed facilities and use of the Property will not create a nuisance to the owners and users of nearby properties and will not create unreasonable demands on public facilities available to other citizens of the City. lnnotech has agreed to dedicate a right-of-way 50 feet in width adjacent to the eastern boundary of the Property to facilitate development and continuation of Frontage Road between its two segments that presently terminate at the northern and southern boundaries of the Property. 9. Attached are the names and address of all owners of all property adjacent to the Property for which rezoning is requested. WHEREFORE, Innotech, Incorporated, by counsel, requests that the above- described Property be rezoned as requested in accordance with applicable Provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, Innotech Incorporated By: ~ of Counsel Donald L. Wetherington Wetherington, Melchionna, Terry, Day & Ammar P. O. Box 90 Roanoke, Virginia 24002 (703) 982-3800 Counsel for the Petitioner W:\WI~WETHERI~ 42224.~ 3 PROPOSED OLOS~ I II II - ® &4~OtO~ PROPOSED ZONING __, ', C-2 to LM ::::'::'""~' . ZONING MAP $#ltr ato. 6 4 6 OWNERS AND ADDRESSES PROPERTIES ADJACENT TO TAX MAP PARCELS 6460101 and 6460106 Tax Map No. 6472302 Property Address 2100 Countryside Road 6472101 2206-2208 Montauk Road 6460103 10.09 ac Ferndale Drive 6460104 2727 Femdale Drive 6460105 Parcel B, Femdale Road 6450115 2.792 ac Hershberger Road W:\WI~DOUD1KEN~142224ZN.TPO\7 Taxpayer's Name and Address U. S. Golf Properties, LP c/o The Fairways Group, LP 9540 Center Street, Ste. 300 Manassas, VA 22110 Sterlingwood Limited Partnership c/o GMAC Commercial Mortgage Corp. P. O. Box 1015, Tax Dept. Horsham, PA 19044 City of Roanoke 215 Church Avenue Roanoke, VA 24011 Boulevard Motel Corp. Deloitte & Touche Property Tax Service P. O. Box 723427 Atlanta, GA 31139 Boulevard Motel Corp. Deloitte & Touche Property Tax Service P. O. Box 723427 Atlanta, GA 31139 ESA 0291, Inc. 450 East Las Olas Blvd. Fort Lauderdale, FL 33301 BRIEFING DOCUMENT NEW HIGH TECHNOLOGY MANUFACTURING COMPLEX INNOTECH JOHNSON & JOHNSON VISION PRODUCTS, INC. ROANOKE, VIRGINIA Introduction Innotech Johnson & Johnson Vision Products, Inc. (Innotech) is planning a highly confidential, high-technology project to expand its offerings to the optical market place. Site location studies have been completed and the Roanoke Valley area of Southwest Virginia is one of the finalist locations. The preferred site within the Valley is the property owned by Maury Strauss, a 31.2 acre parcel on the west side of Interstate Highway 581 between Hershberger Road and Peters Creek Road. Johnson & Johnson is the world's largest manufacturer of health care products, and serves the consumer, pharmaceutical, diagnostics and professional markets. Johnson & Johnson, with headquarters in New Brunswick, NJ, is a family of companies consisting of more than 180 operating companies in 51 countries. As a leader in health care, Johnson & Johnson is committed to protecting the environment and natural resources and to social responsibili~'. The following provides information concerning the project and studies made to date: General Description The proposed new high-technology manufacturing complex is envisioned to have a campus type setting to support the planned administration, manufacturing and research and development activities. The facilities will be designed to meet the Corporate Design Standards of Johnson 8,: Johnson, and to reflect Innotech's own unique identity within the Johnson 8,: Johnson corporate structure. The manufacturing processes require a clean environment. No major industrial waste treatment facilities or emissions abatement systems are contemplated. Due consideration will be given in the design of the facilities to minimize noise that could be objectionable to neighbors in the community. Identification of Permitting Requirements and Other Issues Associated with Rerouting Lick Run. Rerouting of Lick Run as it crosses the proposed site is being considered by Innotech to increase the development potential of the property. The alterations to the creek would require submission by the Community (Roanoke City) of appropriate application/certification forms with supporting documentation and processing fees to the Federal Emergency Management Agency (FEY. IA) for a Conditional Letter of Map Revision (CLOMR) and other required documents. In addition. Chapter 36.1 subparagraph 364(b), Zoning, of the Code of the City of Roanoke requires a permit be obtained from the U.S. Army Corps of Engineers prior to any alteration or relocation of the stream. Proposed modifications to Lick Run will be less than five hundred lineal feet of the stream and less than 1.3 acres of wetlands, allowing for a minimal review of the project by the Corps of Engineers. Discussions have been held with the Blue Ridge Field Office, Norfolk District, Corps of Engineers, and with the City of Roanoke relative to their requirements for the project. Hydraulic calculations and modeling confirm that there will be no real impact to properties upstream of the site as a result of the planned stream modifications. In addition, storm water management design for he site will limit runoff to the predevelopment rate in accordance with current city regulations. Phase I Environmental Site Assessment A Phase I Environmental Site Assessment (ESA), which is a document review and visual site inspection, has been performed in accordance with ASTM E 1527, to assess the likelihood of environmental contamination on the site. No significant environmental hazards were identified. In addition, two (2) fill material areas identified on the site were investigated by digging test pits, which uncovered no evidence of trash, domestic solid waste, or regulated substances. Subsurface Investigations A preliminary subsurface investigation to establish the viability of the site for the proposed manufacturing complex from a geotechnical perspective has been conducted, with eighteen (18) test borings being drilled. Utilities Evaluation An evaluation of utility availability and adequacy to serve the proposed new facilities has been performed. A. Water Service 1. Existing System An 8" water line exists from the Marriott Hotel, along the Frontage Road, to Ordway Drive, connecting to a 12" water line at Hershberger Road. An 8" water line has recently been installed from the Marriott to the first drive of the new Extended Stay motel. A new fire hydrant ',,,'as installed on this new extension. An 8" water line exists from the rear of the Clarion property, along Ferndale Drive to Ferncliff Road, along Ferncliffto the 12" main in Hershberger. An 8" water line exists from the intersection of the Frontage Road and Highland Farm Road, along Highland Farm Road. A 6" water line exists from Highland Farm Road to the cul-de-sac at Montauk Road. 2. Proposed Improvements The following improvements are required to provide adequate water at the site: Extend the existing 8" line at the new Extended Stay Motel along the Frontage Road to the site. Connect to the existing 8" line at the cul-de-sac in Ferndale Drive and route a new line adjacent to the southern property line, crossing Lick Run and connecting to the extended line in the Frontage Road to provide a coupled system. Approximately 2600 L.F. of new 8" line would be required along with new valves and fire hydrants. B. Sewer Service A 15" sanitary sewer line currently crosses the site, roughly following Lick Run. Discussions with the City of Roanoke Utility Department indicated that this sewer has adequate capacity to serve the new facilities. C. Utilities Evaluation Electrical American Electric Power (AEP) will be the electriciD' provider for the proposed Innotech facility. AEP has t~,,'o (2) three-phase lines in the area, served from different substations, and at different voltages. A 12 kV line extends up the interstate highway service road from the south as far as the new motel. An older 35 kV line extends from the north through the nearby golf course. Depending on the new load, AEP may be required to upgrade one, or both, of these lines to serve the new facilities. Natural Gas Roanoke Gas Company has service to both the Clarion and the Extended Stax' America motels. The Clarion motel is served by a line on Femdale Drive. The Extended Stay America motel is served by a line along Frontage Road. A service line extension will be required to serve the proposed Innotech facility, if natural gas is used. Traffic Study Studies are currently underway and discussions have been held with the City of Roanoke's Traffic Engineer and VDOT. Traffic counts will be made at the major intersections along Hershberger Road between Cove Road and 1-581 to include the Frontage Road connection at Ordway Drive. The study will include "worst case" traffic counts at peak periods based upon potential employee counts and shipping and receiving information provided by Innotech. Necessary road improvements to achieve the minimum acceptable level of service as agreed upon with the City of Roanoke Traffic Engineer and VDOT will be identified. Improvements to be considered include: · Extensions and improvements to the frontage road. · Extension of Ordway Drive to connect to Ferndale Drive. · Creation of a new cul-de-sac on Femdale Drive to eliminate through traffic at the school. Landscaping and Buffers Suitable landscaping and fencing, where required, will be provided to buffer the new facilities from the adjacent properties. These provisions will meet or exceed current zoning regulations. Types and sizes of plants and trees will be coordinated with the City of Roanoke. Discussions concerning the project have been held with the residential apartment complex adjacent to the site, and landscaping and buffer zones have been discussed. Roanoke City Public Schools Office of Assistant Superintendent for Operations Richard L. Kelley - (540) 853-2276 · Fax: (540)853-1199 September 9, 1998 Ms. Evelyn Dorsey, Zoning Administrator Roanoke City Planning Commission 215 Church Avenue, S. W. Roanoke, VA 24011 Dear Ms. Dorsey: The Roanoke City School Board supports economic development. However, the development of Tax Parcels No. 6460101 and No. 6460106 involving the construction of a manufacturing business will increase traffic in the Femcliff and Ferndale area. The increased traffic will present a substantial hazard for students and staff of the Roanoke Ci.ty Public Schools. The owner of the two parcels has requested that the property be rezoned for a manufacturing site. In conjunction with this rezoning request, the Roanoke City School Board requests that the traltic pattern in the area of William Ruffner Middle Scho~)l be changed as follows: ~ Ordwav Drive should be extended to intersect with Femdale Avenue with Femdale Avenue to be closed to through tmitic fi-om Femcliff Avenue to Ordway Drive. [] In conjunction with this closure, a cul-de-sac should be constructed at the north end of Femdale Avenue to eliminate direct access fi-om Femcliff Avenue via Femdale Avenue to the rezoned area. The cul-de-sac should be of sufficient diameter to provide for school bus turnaround. [] An en'dronmentally designed barrier should be placed between the cul-de-sac and the new intersection of Ordway Drive and Femdale Avenue to prevent unauthorized vehicle access from the cul-de-sac to Ordwav Drive. [] The control of Ferndale Avenue fi-om its intersection with'Femcliff Avenue to the cul-de-sac should be assigned to the Schools within 30 days after the construction of the cul-de-sac. Ms. Evelyn Dorsey Page 2 September 9, 1998 School representatives have discussed this matter with the property, owner's representative and the Ci .ty's Chief of Economic Development, Mr. Phil Sparks. Both parties have agreed to the proposal for closing Ferndale Avenue. The property owner's representative also has indicated to us that appropriate fencing and landscaping will be maintained between William Fleming and the property, proposed for rezoning. Your support of this request is appreciated in order to appropriately protect the interest of the children and employees of the Roanoke City Public Schools. Sincerely, Richard L. Kelley Assistant Superintendent for Operations re cc: School Board Members Dr. E. Wayne Harris · Ex ie Lander Mr. Don Wetherington 0 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 October 6, 1998 File #51 U. S. Golf Properties, LP c/o The Fairways Group, LP 9540 Center Street, Suite 300 Manassas, Virginia 22110 Sterlingwood Limited Partnership c/o GMAC Commercial Mortgage Corp. P. O. Box 1015, Tax Dept. Horsham, Pennsylvania 19044 Boulevard Motel Corp. Deloitte & Touche Property Tax Service P. O. Box 723427 Atlanta, Georgia 31139 ESA 0291, Inc. 450 East Las Olas Blvd. Fort Lauderdale, Florida 33301 Ladies and Gentlemen: Pummm to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 19, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., on the request of Donald L. Wetherington, Attorney, representing 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 fi.om C-2, General Commercial District, to LM, Light Manufacturing District. The City Planning Commission will review the request at its meeting on October 14. If you would like to receive a copy of the report, please call the City Clerk's Office and a copy will be forwarded by facsimile transmittal. This letter is provided for your information as an interested and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Community Development at 853-2344. U. S. Golf Properties, LP Sterlingwood Limited Partnership Boulevard Motel Corp. ESA 0291, Inc. October 6, 1998 Page 2 MFP:Io Sincerely, Mary F. Parker, CMC/AAE City Clerk MARY E PARKER, CMC~AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1 $36 Telephone: (540) 853-2541 Fax: (540) 853-1145 October 9, 1998 SANDRA H. EAKIN Deputy City Clerk File #51 Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an Amended Petition received in the City Clerk's Office on October 7, 1998, from Donald L. Wetherington, Attorney, representing Innotech, Incorporated, requesting 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. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Donald L. Wetherington, Attorney, Post Office Box 90, Roanoke, Virginia 24002 Evelyn S. Lander, Acting Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney ' Wetherington, Melchionna, Terry, Day & Ammar ATTORNEYS AND COUNSELORS git 'f (~:~; ¥: ': ~::' !1:100 Crestar Bank Building ..... Post OffiCe Box 90 Roanoke, Virginia 24002 '98 Ftp"-7 ~-~o TelecoD,er 540-342-4480 October 7, 1998 HAND DELIVERED Ms. Mary F. Parker, Clerk City of Roanoke 215 Church Avenue, S.W. Roanoke, Virginia 24016 Amended Petition to Rezone Innotech, Incorporated Two Tracts of Land at and near the Northern terminus of Femdale Drive Dear Ms. Parker: I enclose an original and two copies of an Amended Petition to Rezone. This petition is to come before the Planning Commission October 14 and before City Council on October 19. Thank you. DLW:bmh Sincerely, Donald L. Wetherington Enclosures cc: Ms. Evelyn Lander (Hand Delivered with enclosure) W:\WP\WETHERINM 42224.21tr-mp.dlw\bmh VIRGINIA: '98 ~3!-7 P3:IF; IN THE COUNCIL OF THE CITY OF ROANOKE Rezoning two tracts of land at and near ) the northern terminus of Femdale Drive ) and abutting the western boundary of ) Interstate Route 581 designated Official ) Tax Numbers 6460101 and 6460106 ) from C-2, General Commercial District, ) subject to conditions, to LM, Light ) Manufacturing District. ) AMENDED Petition to Rezone TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. Innotech, Incorporated ("Innotech"), a wholly owned subsidiary of Johnson and Johnson, is a technology-based company in the optical industry which manufactures, distributes and sells ophthalmic lenses, optical preforms and in-office lens surface casting systems. 2. Innotech has acquired the option to buy from Maury L. Strauss and Shelia S. Strauss certain property ("Property") in the City of Roanoke, Virginia consisting of two adjacent tracts, containing together approximately 31.206 acres and designated by official Tax Numbers 6460101 and 6460106, according to Tax Map records of the City of Roanoke, fronting Femdale Drive and Interstate Route 581. A copy ora portion ora map from those records is attached. 3. The Property is presently zoned C-2, General Commercial District, subject to conditions. The relative location of the Property and the classification and extent of adjacent zoning districts are shown on the attached Tax Map excerpt. 4. The Property is currently vacant and without any development, except for aging farm buildings and fencing. Innotech wishes to acquire and construct on the Property facilities for the expansion of its manufacturing, research and development, and business operations. 5. A Preliminary Concept Plan is attached. 6. Innotech requests that the Property be rezoned from C-2, General Commercial District, with conditions, to LM, Light Manufacturing District without any conditions, and in that connection expressly requests that all conditions to which the present zoning classification is subject be extinguished as part of this rezoning. 7. The property has previously been zoned for industrial and manufacturing purposes. The City's Comprehensive Plan specifies industrial development for an area that includes the Property. Rezoning the Property as requested will further the intent and purpose of the City's Zoning Ordinance and its Comprehensive Plan by facilitating a necessary manufacturing activity, while providing against effects potentially harmful to adjacent and surrounding districts. This rezoning will encourage and promote economic development activities that provide desirable employment and enlarge the tax base. 8. Ilmotech's proposed facilities and use of the Property will not create a nuisance to the owners and users of nearby properties and will not create unreasonable demands on public facilities available to other citizens of the City. Innotech has agreed 2 to dedicate a right-of-way 50 feet in width adjacent to the eastern boundary of the Property to facilitate development and continuation of Frontage Road between its two segments that presently terminate at the northern and southern boundaries of the Property. 9. Attached are the names and address of all owners of all property adjacent to the Property for which rezoning is requested. WHEREFORE, hmotech, Incorporated, by counsel, requests that the above- described Property be rezoned as requested in accordance with applicable provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, Innotech Incorporated By: ~ of Counsel Donald L. Wetherington Wetherington, Melchionna, Terry, Day & Ammar P. O. Box 90 Roanoke, Virginia 24002 (703) 982-3800 Counsel for the Petitioner W:\WP\WETHER/~142224.Amd-p~tr~z\bmh 3 ,,, '%1 I 1 ~6 ,el · J C..~ ~~~--~ ~ - , .' ~PPRAISAL MAP 264 OWNERS AND ADDRESSES PROPERTIES ADJACENT TO TAX MAP PARCELS 6460101 and 6460106 Tax Map No. 6472302 Property Address 2100 Countryside Road 6472101 2206-2208 Montauk Road 6460103 10.09 ac Femdale Drive 6460104 2727 Femdale Drive 6460105 Parcel B, Femdale Road 6450115 2.792 ac Hershberger Road W:\WP~OL~IKEN~142224ZN. TPO\7 Taxpayer's Name and Address U. S. Golf Properties, LP c/o The Fairways Group, LP 9540 Center Street, Ste. 300 Manassas, VA 22110 Steflingwood Limited Partnership c/o GMAC Commercial Mortgage Corp. P. O. Box 1015, Tax Dept. Horsham, PA 19044 City of Roanoke 215 Church Avenue Roanoke, VA 24011 Boulevard Motel Corp. Deloitte & Touche Property Tax Service P. O. Box 723427 Atlanta, GA 31139 Boulevard Motel Corp. Deloitte & Touche Property Tax Service P. O. Box 723427 Atlanta, GA 31139 ESA 0291, Inc. 450 East Las Olas Blvd. Fort Lauderdale, FL 33301 Ad Number: 888362 Publisher's Fee: $121.72 WOODS, ROGERS & HAZLEGRO P.O. 14125 ROANOKE, VA 24038-4125 The Roanoke Times STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 10/01/98 FULL RUN - Thursday 10/08/98 FULL RUN - Thursday Witness, this 12th day of October 1998 NOTICE~F PUBUC HEARING TO WHOM tT MAY CO~NCERN: ~suant to the provisions of ArtiMe VII of Chapter 36.1, CoJ~Um City of Roanoke (1M~ ~i*t. mendea, the Coun- '.u~n~lp~ Bu d~, 216 rm/b/~mue, S.W., on the '~of rezoning from C-2, q~ Commercial D~s~ct, to I~M, L~ M~nufactorir~ Dis:- tdct, ttm following property:. T~ tracts of *l~nd at ar near the nerthm tom~lnus of Fem- ~ Drive, N.W., and abutting smile rou~* 581, design~tod as ~l~flc~l Tax Nos. 6460101 and of ~ proposal is avail- I~U~JIc Inspection in the ~ m' the City Cle~, Room 4S6, MuMcipel ' Building. All premiss In Interest may appear ~e. above d~e and be ~hi~ .on the question. ~ u~der my hand this 1st .O<A~aer, 1998. Parker, City Cled~. 4~ NOTICE OF PUBLIC HEARING TO WttOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, October 19, 1998, at 7:00 p.m., in tile Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on tile question of rezoning fi'mn C-2, General Co~nmerciai District, to LM-Light Manufacturing District, the following property: Two tracts of land at or near the northern temfinus of Femdale Drive, N.W., and abutting the western boundary of Interstate route 581, designated as Official Tax Nos. 6460101 and 6460106. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties ill interest may appeal' on the above date and be heard on the question. GIVEN under my hand this 1st day of October , 19___98 Mary F. Parker, City Clerk. II NIIII{'E N IN\I~2 · 'i'o THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA C,TI C'Li :~-: ',', PJ~RTAINING TO THE REZONING REQUEST OF: Innotech, Inc., for property on Femdale Drive, N.W., Offi~l ~IN'o~. ~,8:3)3 6460101 and 6460106 from C-2 to LM )Affidavit COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 5th day of October, 1998, notices of a public heating to be held on the 14th day of October, 1998, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name Mailing Address 6472302 U. S. Golf Properties c/o The Fairways Group, LP 9540 Center Street, Suite 300 Manassas, VA 22110 6472101 Sterlingwood Limited Partnership c/o GMAC Commercial Mortgage Corp. P. O. Box 1015, Tax Dept. Horsham, PA 19044 c/o Knight Austin Corp. P. O. Box 723427 Atlanta, GA 31139 6460103 City of Roanoke 6460104 6460105 Boulevard Motel Corp. Deloitte & Touche Property Tax Service P. O. Box 723427 Atlanta, GA 31139 6460104 6460105 c/o Manor Care Attn. Gary Powell 10750 Columbia Pike Silver Springs, MD 20901 6450115 ESA 0291, Inc. Martha Pace Franklin 450 East Las Olas Boulevard Fort Lauderdale, FL 33301 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 5th day of October, 1 ~ .~~ / l~otary~ub~( ~- __ My Commission expires: <~,~d] v-J/~ / ' August 18, 1998 File #51 Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Donald L. Wetherington, Attorney, representing Innotech, Incorporated, requesting 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. Sincerely, MFP:lo:jms Enclosure Mary F. Parker, CMC/AAE City Clerk pc~ The Honorable Mayor and Members of the Roanoke City Council Donald L. Wetherington, Attorney, Post Office Box 90, Roanoke, Virginia 24002 Evelyn S. Lander, Acting Chief, Planning and Community Development Martha P. Franklin, Secretary, City Planning Commission Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney H:\REZONING.g8\INNOTECHWPD MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 August 18, 1998 File #51 SANDRA H. EAKIN Deputy City Clerk Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Donald L. Wetherington, Attorney, representing Innotech, Incorporated, requesting 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. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:lo:jms Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Donald L. Wetherington, Attorney, Post Office Box 90, Roanoke, Virginia 24002 Evelyn S. Lander, Acting Chief, Planning and Community Development Martha P. Franklin, Secretary, City Planning Commission Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney N:~CKLOI~REZONING.g~INNOTECH.WpO Mary F. Parker, CMCIAAE C~ Ck~rk CITY OF ROANOKE Office of the City Clerk November 9, 1998 File ~28-262-386 · andra H. Eakin ~puty c~y C~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 34062-110298 authorizing the donation and conveyance of an easement across City-owned property identified as Official Tax No. 1370201, located in Fishbum Park to Bell Atlantic - Virginia, Inc., upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, October 19, 1998, also adopted by the Council on second reading on Monday, November 2, 1998, and will be in full force and effect ten days following the date of its second reading. MFP:Io Attachment pc: Sincerely, Mary F. Parker, CMCIAAE City Clerk D. Michael Davis, Engineer, Bell Atlantic-Virginia, Inc., 4843 Oakland Blvd.,Second Floor, Roanoke, Virginia 24012 James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Charles M. Huffine, City Engineer John W. Coates, Manager, Parks and Recreation Delores C. Daniels, Assistant to the City Manager for Community Relations Sarah E. Fitton, Engineering Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of November, 1998. No. 34062-110298. 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. WHEREAS, a public heating was held on October 19, 1998 pursuant to §§15.2- 1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, the necessary document donating and conveying an easement to Bell Atlantic - Virginia, Inc., across City-owned property located in Fishburn Park, bearing Official Tax No. 1370201, for the purpose of relocating their underground conduit in connection with the Brambleton Avenue Bridge Project, upon certain terms and conditions, as more particularly set forth in the report of the Water Resources Committee dated October 7, 1998. ATTEST: II:~,OR D4.JI.;NxO-I~.I{I,I,I City Clerk. The Roanoke Times Ad Number: 896041 Publisher's Fee: $90.73 ROANOKE CITY CLERK'S OFF ATT: MARY PARKER, CLERK 215 CHURCH AVE SW RM 456 ROANOKE, VA 24011-1536 '98 ,, 16 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 10/11/98 FULL RUN - Sunday Witness, this 12th day of October 1998 Authorized Signature NOTICE OF PUBLIC HEARING The O~ of Roanoke propo~ to coney m e~mement mom~ by OfflolM Tax M~p NO. 1370201 Io~ated in F1sM~um Pink to Bell At]anUc - Vl~lnla, Mi~ Its undM~fl~ conduit in ton Avenue Brid~e PToject. of S§~.2.tS(X~(B)'and ~8~, Code of VIr~ini~ ame/ided, ~lotice I$ hereby · e City of Roanoke will hold be held o~ October 19, 1998, commencing mt 7~00 p.m., in the Counoil Cl~mb~rs, 4th Floo~, Municipal Bulk#ni~ 215 Church Avenue, $.W., Roanoke, Virginia. Further informatlo~ is mm#abM in the form of a report to t~m W~t~ Re~ouroes Com- mmee d~ted ~ptember 199~ m COPY of which is in m~ CIty*CIm~'s O~oe, Mun~pm Bum~n& 215 C~urcrr Avenue, S.W., Roanoke, nlty to be heard and express GIVEN undm' my hand thl~ 11th Mmy F. Pad,er, C~y Oerk. (89~041) October 7, 1998 Report No. 98-368 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Easement on City Owned Property for Bell Atlantic - Virginia, Inc. for Brambleton Avenue Bridge Replacement Project The attached staff report was considered by the Water Resources Committee at its regular meeting on September 21, 1998. The Committee recommends that Council schedule a public hearing and, lacking any comments to the contrary, authorize the execution of the appropriate document granting an easement across City-owned property to Bell Atlantic - Virginia, Inc., in accordance with conditions stated in the attached report. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:KBK:afm Attachment CC: Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Charles M. Huff'me, City Engineer John W. Coates, Manager, Parks & Recreation D. D. Daniels, Assistant to City Manager for Community Sarah Fitton, Engineering Coordinator D. Michael Davis, Engineer, Bell Atlantic - Virginia, Inc. Report No. 98-368 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: September 21, 1998 ember~, Water Resources Committee · Kiser, Directo~ J~tilities and Operations thru W. Robert Her~e~~Manager EASEMENT ON CITY OWNED PROPERTY FOR BELL ATLANTIC - VIRGINIA, INC. FOR BRAMBLETON AVENUE BRIDGE REPLACEMENT PROJECT II. I11. Ba(;;kground in chronological order is as follows: A. City_ Council a.o0roved the acquisition of property rights for the replacement of the Brambleton Avenue Bridge by Ord. No. 32883-040196. B. Fishburn Park runs alongside Brambleton Avenue in the area where the bridge will be replaced, near the intersection of Ross Lane. C. Bell Atl~nti~ - Virginia. Inc. (Bell Atlantic) has underground conduit in the area where the bridge replacement construction will be. See attached plat. Current situation is as follows: A. Construction of the new bridge will require relocation of Bell Atlantic's existing underground conduit. B. An easement across Fishburn Park .oro.oerty has been reauested by Bell Atlantic in order to relocate their underground conduit. See attached letter. Issues in order of importance are: A. Need B. Timing Members, Water Resources Committee EASEMENT ON CITY OWNED PROPERTY FOR BELL ATLANTIC - VIRGINIA, INC. FOR BRAMBLETON AVENUE BRIDGE REPLACEMENT PROJECT September 21, 1998 Page 2 IV. Alternatives in order of feasibility are: Ao Water Resources Committee recommends that City_ Council authorize the execution of the a0oro_Driate document, in a form approved by the City Attorney, granting an easement to Bell Atlantic - Virginia, Inc. across City-owned property. 1. Need for easement to allow relocation of the underground conduit is met. Timing to allow conduit to be relocated in order to avoid project delays is met. B° Water Resources Committee does not recommend that City_ Council authorize the execution of the a.D.Dro.Driate document, in a form approved by the City Attorney, granting an easement to Bell Atlantic - Virginia, Inc. across City- owned property. Need for easement to allow relocation of the underground conduit is not met. ° Timing to allow conduit to be relocated in order to avoid project delays is not met. Water Resources Committee recommends that City Council authorize execution of the appropriate document granting an easement across City-owned property to Bell Atlantic - Virginia, Inc., in accordance with Alternative "A". WRH/KBK/SEF Attachments CC: City Attorney Director of Public Works Director of Utilities and Operations Manager, Parks and Recreation Assistant to City Manager for Community Relations City Engineer Engineering Coordinator Bell Atlantic - gqrginia, Inc. 4843 Oakland Blvd.. 2nd Floor Roanoke, VA 24012 T::~cilitic~ \lanagcmunt September 4, 1998 Ms. Sarah Fitton Engineering Coordinator City of Roanoke 215 Church Avenue, S. W. Roanoke, Virginia 24011 Dear Ms. Fitton: RE: BRAMBLETON AVENUE BRIDGE REPLACEMENT PROJECT This letter is to request an easement to relocate our underground conduit system on the above project. The easement is shown on the attached plan sheet and involves Fishbum Park Tax No. 1370201. Enclosed is our easement form that needs to be signed by the appropriate person. Please contact me or Mike Slusher on 540-265-7578 for any additional information you may require. Sincerely, D. Michael Davis Engineer 540-265-7507 · J ill.. ~llllll Ad Number: 896041 Publisher's Fee: $90.73 ROANOKE CITY CLERK'S OFF ATT: MARY PARKER, CLERK 215 CHURCH AVE SW RM 456 ROANOKE, VA 24011-1536 The Roanoke Times STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 10/11/98 FULL RUN - Sunday Witness, this 12thday of October 1998 Authorized Signature The Ci~ of Re~u~k~ PmPO~ by Offtolnl Tax Map No. 1370201 located in Pad< to ~e~ A~ - V~r~, , connection with the Bramble- ton A~nue Bridge Project. i pummnt to me re~ ~ of ~15.2-1500(B) and 1815, Code of V~lrda (1950), as '. amended, notice is hereby g~ven that the C~y Count! of the Ci~ of Roanoke ~fl hold a mat~er at be re~d~ mee~ to commencln~ at 7:00 the Council Cb.tubers, F~or M.nmpM B~unt. 215 Ch.~h Avenue, S.W., avallal3M In the fon~ of n mPO~ to the Wate~ Rueoutces Com- mm.e d.ted Septembe~ 2~, Munic~m B.,dmg, 215 Church Avenue, S.W., Roanoke, Cmzens sh~l have U~e opportu- nlty to be heard end day of OCtM)M, 1998/ NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey an easement across City owned property identified by Official Tax Map 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. Pursuant to the requirements of §§ 15.2-1800(B) and 1813, Code of Virginia (i 950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on October 19, 1998, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available in the form of a report to the Water Resources Committee dated September 21, 1998, a copy of which is on file in the City Clerk's Office, 456 Municipal Building, 215 Church Avenue, S.W. Roanoke, Virginia. Citizens shall have the opportunity to be heard and express their opinions on said matter. GIVEN under my hand this lltl-day of October, 1998. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, October i I, 1998. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 2401 I II N()'II('[ PliliARNI)T October 7, 1998 Report No. 98-368 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Easement on City Owned Property for Bell Atlantic - Virginia, Inc. for Brambleton Avenue Bridge Replacement Project The attached staff report was considered by the Water Resources Committee at its regular meeting on September 21, 1998. The Committee recommends that Council schedule a public hearing and, lacking any comments to the contrary, authorize the execution of the appropriate document granting an easement across City-owned property to Bell Atlantic - Virginia, Inc., in accordance with conditions stated in the attached report. LFW:KBK:afm Attachment CC; Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee Wilbum C. Dibling, Jr., City Attorney Jmes, D. Grisso, Director of Finance ,~,I~"lt. Kiser, Director of Utilities & Operations Charles M. ltuffme, City Engineer John W. Coates, Manager, Parks & Recreation D. D. Daniels, Assistant to City Manager for Community Sarah Fitton, Engineering Coordinator D. Michael Davis, Engineer, Bell Atlantic - Virginia, Inc. 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 November 9, 1998 File #110-207 Mr. Dennis R. Cronk 3278 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Cronl~ I am enclosing copy of Resolution No. 34078-110298 reappointing you as a Director of the Industrial Development Authority of the City of Roanoke, to fill a four (4) year term on its Board of Directors. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 2, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Enclosure pc: Lynn D. Avis, Chair, Industrial Development Authority of the City of Roanoke, 3848 Bosworth Drive, S. W., Roanoke, Virginia 24014 Margaret R. Baker, Secretary, Industrial Development Authority of the City of Roanoke, 2140 Windsor Avenue, S. W., Roanoke, Virginia 24015 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ~nd day of November, 1998. No. 34078-110298. A RESOLUTION reappointing a Director of the Industrial Development Authority of the City of Roanoke, to fill a four (4) year term on its Board of Directors. WHEREAS, the Council is advised that the term of office of Dennis R. Cronk as a Director of the Industrial Development Authority of the City of Roanoke, Virginia, expired on October 20, 1998; WHEREAS, § 15.1-1377 of the Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years. THEREFORE, BE IT RESOLED by the Council of the City of Roanoke that Dennis R. Cronk is hereby reappointed as a Director on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four years commencing on October 21, 1998, and expiring on October 20, 2002, to fill a vacancy created by the expiration of the term of office of said member on the Board occurring on October 20, 1998. ATTEST: City Clerk. COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of November, 1998, DENNIS R. CRONK was reappointed as a Director of the Industrial Development Authority of the City of Roanoke for a term ending October 20, 2002. Given under my hand and the Seal of the City of Roanoke this ninth day of November, 1998. City Clerk Mary F. Parker, CMCIAAE cay Ck~rk CITY OF ROANOKE Office of the City Clerk November 9, 1998 File Sandra H. Eakin Deputy cay C~erk 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 Monday, November 2, 1998, Council Member Swain requested a briefing on the City's new computer program for monitoring citizen complaints (Respond). Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io H:~AGEN{:X~E6U~3VZWPO Mary F. Parker, CMCIAAE c~y Ck~rk CITY OF ROANOKE Office of the City Clerk November 9, 1998 File #144 8andra 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 Monday, November 2, 1998, Council Member Swain expressed concern with regard to littering of property around fast food restaurants and inquired as to the feasibility of the City forming a partnership with business owners to address the problem. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io pc." William F. Clark, Director, Public Works COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of November, 1998, ROBERT C. POOLE was appointed as a member of the Roanoke Civic Center Commission for a term ending September 30, 2001. Given under my hand and the Seal of the City of Roanoke this ninth day of November, 1998. City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of November, 1998, JEFF UPDIKE, was appointed as a member of the Special Events Committee for a term ending June 30, 1999. Given under my hand and the Seal of the City of Roanoke this ninth day of November, 1998. City Clerk