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Home My WebLink AboutCouncil Actions 02-17-98HARRIS 33713 ROANOKE CITY CO UNCIL REGULAR SESSION February 17, 1998 12:lSp. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-- Roll Call. A report of the City Manager with regard to the Roanoke City Juvenile Detention Center. (30 minutes) File #305-405 A report of the City Manager with regard to Annual Crime Statistics. (10 minutes) File #5 Recess until 2:00 p.m. ROANOKE CITY CO UNCIL REGULAR SESSION February 17, 1998 2:00p. m. CITY COUNCIL CHAMBER .,4 GENDA FOR THE COUNCIL Call to Order -= Roll Call. Mayor Bowers and Vice-Mayor Wyatt were absent. Council Member Trout entered the meeting at 2:40 p.m. The Invocation was delivered by Council Member Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Chairman Pro Tem White. Welcome. Chairman Pro Tem White. 2 Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, Februals, 19, 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. CONSENT AGENDA (Approved 4-0.) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meetings of City Council held on Monday, November 3, 1997, and Monday, November 17, 1997. RECOMMENDED ACTION: Dispense with the reading thereof and approve File #132 as recorded. C-2 Qualification of Mania D. Jeffrey as a member of the Roanoke Neighborhood Parmers_hip Steering Committee for a term ending November 30, 2000. RECOMMENDED ACTION: Receive and file. File #110-488 REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: ae Request to remove from the table the petition of Southern Lane Group, LLC, to rezone certain tracts of land located on Southern Lane, Southern Hills Drive and Gl'Jffin Road, S. W., and schedule a public hearing on the request for Monday, March 16, 1998, at 7:00 p.m. Maryellen F. Goodlatte, Attorney. (5 minutes) The matter was removed from the table and the City Clerk was instructed to advertise a public hearing to be held on Monday, March 16, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard. File #51 bo Present_ _n_ _ti on with regard to activities of the Roanoke Valley Convention and Visitors Bureau over the past fiscal year. David L. Kjolhede, Executive Director, Spokesperson. (5 minutes) Received and filed. File #11-293 Council Member Swain requested a report on the number of minority staff positions on the Roanoke Valley Convention and Visitors Bureau. 4 Co Request to address Council with regard to an increase in compensation for voting machine mechanics who serve the City of Roanoke during each election. Gilbert E. Buffer, Jr., Secretary, Roanoke City Electoral Board. (:5 minutes) Referred to 1998-99 Budget Study. File #40.60 4. PETITIONS AND COMMUNICATIONS: ae A communication from the Roanoke City School Board requesting appropriation of $841,700.00 for construction costs at the Huff Lane Elementary School; and a report of the Director of Finance recommending that Council concur in the request. Adopted Ordinance No. :33713-021798. (~-0) File #60-467 $. REPORTS OF OFFICERS: a. CITY MANAGER: 15ILITaEI]:~I.C~: None. ITEMS RECOMMENDED FOR ACTION: 1. A report recommending execution of an agreement with First Union National Bank, to amend the City's Lease Agreement with Signet Bank, predecessor in interest to First Union National Bank, e for lease of additional office space within the former Signet Bank Building to house the Child Day Care and Pregnant Teen/Teen Parent Programs and staff. Adopted Ordinance Nos. 33714-021798 and 33715-021798. (S-0) File #60-72-369-370-373 A report recommending authorization to submit a street inventory for State maintenance payment eligibility to the Virginia Department of Transportation for approval by the Commonwealth Transportation Board, in order to ensure the City's eligibility for State maintenance funds. Adopted Resolution No. 33716-021798. (4-0) File #77-514 A report recommending purchase of cer~ain 4-wheel drive vehicles for use by various City departments. Adopted Resolution No. 3371%021798. (4-0) File #5-20-45-67-217-472 A report recommending purchase of one new Mobile Stage/Performance Center with stage extensions, for use by the Parks and Recreation Department, at a total cost of $77,361.00. Adopted Resolution No. 33718-021798. (4-0) File ~67-472 A report recommending acceptance of $46,875.00 in additional grant funds fi.om the Department of Criminal Justice Services Grant Program for records management improvements; and appropriation of funds in connection therewith. Adopted Ordinance No. 33719-021798 and Resolution No. 33720-021798. (5-0) File #5-60-236 A report recommending acceptance of $37,525.00 in additional funds fi.om the Department of Criminal Justice Services, Forfeited Asset Sharing Program; and appropriation of funds in connection therewith. Adopted Ordinance No. 33721-021798. (5-0) File #5-60-133 A report recommending acceptance of $62,030.00 in additional funds fi.om the U. S. Department of Justice, Forfeited Property Sharing Program; and appropriation of funds in connection Adopted Ordinance No. 33722-021798. (5-0) File #5-60-133 A report recommending repeal of the City Code requirement that the Roanoke City Health Department permit and inspect barber, beauty, and nail salons and schools, which are currently being permitted and inspected by the Virginia Board of Cosmetology. Adopted Ordinance No. 33723-021798. (5-0) File #22-24 7 o 10. A report recommending acceptance of a $4,500.00 Local Government Challenge Grant i~om the Vir~nia Commission for the Arts; and appropriation of fimds in connection therewith. Adopted Ordinance No. 33724-021798 and Resolution No. 33725-021798. (5-0) File #60-236.248-261-349-422 A report recommending approval of the proposed refinancing of the Hotel Roanoke, and authorization for the City Manager to seek an amendment to the Section 108 loan pertaining to the refinancing. Adopted Resolution No. 33726-021798. (4-0) File #258 b. CITY CLERK: A report requesting that Council concur in establishing specific dates for various actions required pursuant to the School Trustee selection process. Concurred in the request. File 0467 0 REPORTS OF COMMITTEES: A report of the Bid Committee recommending award of a lump sum contract to $ohn.~on Controls, Inc., in the amount of $124,950.00, for removal and replacement of the chiller and cooling tower at the Roanoke City .lail; and appropriation of funds in connection therewith. Council Member $ohn H. Parrott, Chairperson. Adopted Ordinance Nos. 33727-021798 and 33728-021798. (5-0) File ~60-123-472 8 7. UNFINISHED BUSINESS: None. o INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: A Resolution appointing a Director of the Industrial Development Authority of the City of Roanoke to fill a four year term on its Board of Directors. Adopted Resolution No. :3:3729-021798. (S-0) File #110-207 MOTIONS AND MISCELLANEOUS BUSINESS: ao Inquiries and/or comments by the Chairman Pro Tem and Members of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARING OF MATTERS: CITIZENS UPON PUBLIC CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR OUR CITIZENS TO BE HEARD. IT IS THE CITIZENS' TIME TO SPEAK AND COUNCIL'S TIME 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. 9 Ms. Katherine Glassbrenner, S221 Medmont Circle, S. W., expressed concern with regard to recent events at Roanoke City School Board meetings and requested that Council consider the recall of School Trustee Harry F. Davis. File #66-467 Mr. Link Barrett, President, Southern Hills Improvement Association, advised of a meeting with City officials to be held on Wednesday, February 18, 1998, to discuss neighborhood improvements. He called attention to the continuing opposition of the Southern Hili.q neighborhood with regard to the proposed rezoning on Southern Lane, Southern Hills Drive and Griff'm Road, S. W. File #51-165 At 2:40 p.m. the meeting was declared in recess until 7:00 p.m. ROANOKE CITY CO UNCIL REGULAR SESSION February 17, 1998 7:00p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order -= Roll Call. Mayor Bowers and Vice-Mayor Wyatt were absent. The Invocation was delivered by Council Member Harris. The Pledge of Allegiance to thc Flag of the United States of America was led by Chairman Pro Tern White. Welcome. Chairman Pro Tern White. A. PUBLIC HEARINGS: Public hearing on the request of William H. Fralin, 3r. and Karen B. Fralin that a portion of 29th Street (formerly known as 8th Street), located between Carolina and Rosalind Avenues, S. W., be permanently vacated, discontinued and closed. William H. Fralin, Jr., Attorney. Adopted Ordinance No. 33730-021798 on first reading. (5-0) File 0514 o Public hearing on the request of Virginia Realty and Auction Company that property located at 718-720 First Street, S. W., bearing Official Tax No. 1020511, be designated as an H-2, Neighborhood Preservation District overlay to the existing C-3, Central Business District designation. Boyd K. Temple, Spokesperson. Adopted Ordinance No. 33731-021798 on first reading. (5-0) File #51 ° Public hearing on the request of C. W. Francis & Son., Inc., t/a Francis Realtors, to amend Chapter 36.1, ~ §36.1-228, Special exceotion uses, to permit manufacturing establishments as a special exception use in the C-3, Central Business District. William F. Trinkle, Spokesperson. Adopted Ordinance No. 33732-021798 on first reading. (5-0) File #24-51 OTHER HEARING OF CITIZENS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS THE CITIZENS' TIME TO SPEAK AND COUNCIL'S TIME 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. RECEiYE[~ (;ITY C[.£Rt(5 O::"'i:'~ '98 FEB 10 / 8:05 February 17, 1998 The Honorable Mayor David A. Bowers and Members of City Council Roanoke, VA Dear Mayor Bowers and Members of Council: Please reserve space on Council's agenda Tuesday, February 17, 1998, at 12:15 p.m. for a briefing on the Roanoke City Juvenile Detention Center. Respectfully submitted, W. Robert Herbert City Manager WRH/gr RECEiVEO CITY ' :'~'KS .... '9'8 FEB 10 A8:05 Roanoke, Virginia February 17, 1998 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Please reserve space February 17, 1998, on Council's 12:15 p.m. agenda for a briefing concerning Annual Crime Statistics. Respectfully submitted, W. Robert Herbert City Manager WRH/GCS/hw cc: City Attorney Director of Finance 5O2 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL November 3, 1997 12:15 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, November 3, 1997, at 12:15 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Re~_ular Meetings. of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William White, Sr., Linda F. Wyatt, C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout and Mayor David A. Bowers ........................................................................................... 7. ABSENT: None .................................................................................... 0. OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. SEWERS AND STORM DRAINS-PUBLIC WORKS-CONSULTANTS REPORTS- FLOOD REDUCTION/CONTROL: The City Manager submitted a report on the Roanoke Valley Stormwater Management Plan which has now been completed and is ready for consideration by each of the participating communities, regarding how and when the Plan mi~lht be implemented. He explained that the Plan represents a monumental cooperative effort between the City of Roanoke, the County of Roanoke, the City of Salem, and the Town of Vinton, acting through the Fifth Planning District Commission, to study existing and future flooding problems throughout the Roanoke Valley; and the overall focus of the Plan is to implement policies and procedures that will reduce the danger and damage caused by flooding in the Roanoke Valley. It was noted that in 1994, the Federal Emergency Management Agency (FEMA) awarded a 50 per cent matching grant in cooperation with the Virginia Department of Emergency Services to prepare the Roanoke Valley Regional Stormwater Management Plan; this grant is the first of its type awarded by FEMA; the balance of funding for the Plan has come from the included communities, and was based on their respective areas; and in 1995, the technical subcommittee selected the engineering consulting firm of Dewberry and Davis to develop the Plan. 503 The City Manager advised that the following City watersheds were included in the Plan: Barnhardt Creek, Cravins Creek (Main Channel, West Fork), Glade Creek, Lick Run, Mudlick Creek, Murray Run, Ore Branch, Peters Creek (Main Channel, Tributaries A, B, and C), Tinker Creek, and Trout Run; runoff flows from each watershed were studied for both existing development and future (year 2020) developed conditions; flows were modeled on updated and detailed mapping which shows all existing buildings and roads as of 1995; mapping also shows which buildings and roads are currently in the floodplain and which ones will be in the floodplain following future development; and the level of detail included in the Plan provides significantly more accuracy for the City's future use in planning, building construction, enforcement of floodplain regulations, and modeling than has been previously available. It was explained that also included in the Plan are specific projects which would reduce existing flooding problems, including costs, benefits and priority rankings; the structural projects identified in the Plan include bridge replacements, elevating roadways and regional detention basins; detailed modeling of each watershed identified bridges which are undersized, as well as the flooding which results from bridge restrictions; and projects identified in the Plan (enlarge bridges, elevate roadways and construct regional detention basins) which would primarily benefit the City of Roanoke have an estimated cost of approximately $20 million. The City Manager pointed out that the Plan also identifies specific buildings (homes and businesses) which are subject to flooding, as well as the depths of both the current and future flooding which is expected at each building; over 1,400 homes and businesses in the Roanoke Valley were identified by the Plan to be within the 100-year floodplain; approximately half of these buildings are located in the City of Roanoke; many of the buildings cannot be feasibly protected by structural projects such as channelization, bridge replacements, or regional detention basins; for buildings located in the City, flood protection would require either purchase, relocation or elevation at an estimated cost of over $35 million; and it should be noted that this is not an exhaustive list of flood prone buildings located in the City since the study does not include the Roanoke River or several of the smaller watersheds such as Garnand Branch (Garden City area) and Murdock Creek (Greater Deyerle area). The City Manager advised that in looking at future drainage needs in the City of Roanoke, it can be seen that there are currently approximately $15 million in capital improvement drainage projects which have been identified outside the Plan; the $2.6 million which will be included for drainage projects in the upcoming bond referendum is targeted for projects in the smaller watersheds where many of the neighborhood problems exist; and one of the major benefits of the Plan is that the 504 City can now predict flooding damage and possible solutions prior to experiencing another flood, which will allow the City to address the risks and costs associated with many of the larger drainage problems located throughout the City and to formulate a planned approach to the $70 million in drainage projects that have now been identified. William F. Clark, Director of Public Works, advised that the purpose of the briefing is to provide Council with a summary of the status of the Roanoke Valley Stormwater Management Plan and Council will not be requested to take action at the present time. However, he stated that it is anticipated that recommendations will be submitted to Council in the near future with regard to proceeding to the next level which might involve a feasibility study on financing stormwater management in the Roanoke Valley. Timothy J. Lormand, Senior Water Resources Engineer, representing Dewberry and Davis, Fairfax, Virginia, and Fernando Pasquel, representing CH2M Hill, Consulting Engineers, presented a summary of the stormwater management study. Mr. Lormand advised that the briefing would include an overview of the stormwater management program which was prepared working in conjunction with the City of Roanoke, the County of Roanoke, the Town of Vinton, and the City of Salem, an evaluation of identified funding options, a discussion of storm water utility considerations such as what are stormwater utility pros and cons, options, and costs, and conclude with findings and recommendations. He stated that 16 watersheds in total are included in the study, the Roanoke River corridor was not included, nor were certain other areas which are small tributaries to the Roanoke River. He further stated that a detailed study of the watersheds has been completed and identified, and cost estimates were developed for 120 projects that will help to solve some of the flooding and erosion problems, totaling approximately $61 million in construction costs, and a priority system has been developed working in conjunction with City, County and Town staffs to rank the projects so that they can be implemented as funding becomes available. He advised that in studying the flooding problems and developing solutions, there were some areas where structural solutions such as building a reservoir, or channelization, or raising or increasing the bridge opening were not acceptable solutions, therefore, in addition to the $61 million which is shown for structural projects, relocation of houses in areas that are extremely flood prone is a part of the plan. He stated that a citizens advisory committee was appointed to provide citizen input regarding the concept of the plan and to help with public awareness of the plan; for each watershed, projects are identified and ranked by what is most important to accomplish first, or what will provide the most benefit for the dollars spent to reduce flooding problems; and 5O5 projects such as bridge improvements and bridge replacements are intended to reduce road flooding. He advised that the problem has been studied, projects and solutions have been identified, and the consultants are at the point of working with the localities toward implementing the plan. Mr. Pasquel advised that the technical advisory committee has completed the initial steps toward implementation by completing watershed plans, identifying funding options, evaluating financing scenarios, and developing a plan to promote action. In terms of evaluating the funding options, he stated that background data was obtained from the four municipalities and 16 funding options were identified ranging from watershed implementation districts, to bonds, to different types of available taxing authority and, in so doing, the consultants reviewed advantages and disadvantages, revenue potential, and implementation issues to be addressed. Mr. Pasquel stated that considerations in selecting funding options for the various financing scenarios range from identifying reliable funding sources, to considering at least one mechanism that will provide long term financing given the size of the program and the nature of the projects, including a utility fee structure in light of equity and reliability considerations, one ongoing equity method, and allowing flexibility within some categories. He stated that it is important for municipalities to follow through with the implementation plan by prioritizing projects and initiating the final design, adopting a model stormwater ordinance, adopting a stormwater maintenance policy, increasing enforcement efforts in priority watersheds, and obtaining endorsement to proceed with developing funding options -- stormwater utility feasibility. Mr. Pasquel explained that a stormwater utility is a method of providing a dedicated funding source for a municipality's stormwater management program. He advised that whenever drainage needs arise, they compete with fire, rescue, police, and education needs, therefore, the authority exists to implement this type of utility operation because developed property generates additional runoff and a measurable service is provided. He advised that the stormwater utility is not just another tax because fees are based on service provided which, for the municipality, reduces reliance on general funds and increased services are provided, the polluter pays the principle, all properties pay, and the use of funds is limited. He explained that Virginia localities can create utilities for funding for land acquisition for construction of stormwater facilities, administration of stormwater programs, engineering, construction and debt retirement costs of stormwater facilities, facility operation and maintenance, and monitoring of stormwater control devices. He stated that typical steps taken to establish a stormwater utility is to develop an implementation strategy, develop a facility study, adopt an ordinance, develop a rate structure, implement building procedures, and provide services. He noted that local policy 506 issues have to form the basis for an implementation strategy such as service needs, staff organization, funding sources, fee basis for billing method, payment responsibility, and legal and practical financial limits. In regard to how fees are determined, he stated that a stormwater management fee is based on the extent to which each property contributes to stormwater runoff, the amount of impervious area on each property, and the cost of implementation of the program. He added that the selected rate structure should be fair and simple with residential paying a fiat fee, non-residential would be based on actual impervious area, and no fee for undeveloped land. Mr. Pasquel advised that four funding options were selected with the stormwater utility being the basis upon which the program would be implemented, long term borrowing would include general obligation bonds and/or revenue bonds on the revenues generated by the utility which would not be effective until four to five years after the utility is implemented, fees and taxes for taxing the real estate property, taxes, or community general funds, and developer-related charges through land development fees and participation/reimbursement agreements. He stated that enough money can be generated to cover the cost of the program within the next five years based on for example $3 per month or $1 per month to be paid by each single family home in the four localities. He explained that cumulatively, in a five year period, 100 per cent of the program could be covered by $3.00 per month, per household, and up to 40 per cent could be covered by $1.00 per month, per household. He presented a chart illustrating what other localities in Virginia are doing, which reveals that there is a range between $18.00 per year per unit to a high of $54.00, and nationwide, a wider range exists from $3.00 per year to $132.00 per year. Mr. Pasquel presented the following implementation recommendations: (1) Implement a stormwater utility as the primary funding mechanism for the identified projects and programs; (2) Use other mechanisms as appropriate to support regional and community needs; (3) Conduct a vigorous public decision process to confirm the program and to establish priorities and level of funding; (4) Develop policies to insure long term maintenance of public and private stormwater facilities. 507 He also reviewed the following short term implementation steps - 1997-98: (1) Conduct a feasibility study for the stormwater utility and developing rate structure and data bases and identifying and evaluating administrative policies; (2) Reinitiate public information/involvement programs; (3) Related follow-up efforts: Establish procedures for stormwater model maintenance, Prioritize projects and initial final design, Adopt model stormwater ordinance, Initiate water quality protection activities and prepare for NPDES program. Mr. Clark advised that the City's share of improvements to the 16 watersheds was placed at approximately $20 million for bridge improvements, the retention pond, etc., and another $35 million if structures are relocated that are within floodplains, therefore, the City could be facing between $75 - $100 million in storm drain facilities. He explained that the issue is how can the City, in a reasonable period of time, begin to implement some of these actions, and the concept of a stormwater utility is intended to look at alternatives. He advised that City staff will present recommendations to Council on how to proceed to determine whether a stormwater utility is a feasible alternative for the City to consider in its funding mechanisms. Council Members offered the following observations/questions: More in-depth briefings are needed prior to the time that Council will be called upon to act on the matter. Will the utility assessment be a permanent utility fee? Will undeveloped properties be charged the utility assessment? There being no further questions and/or comments, without objection by Council, the Mayor advised that the briefing would be received and filed. 508 CITY EMPLOYEES-PERSONNEL DEPARTMENT: Kenneth S. Cronin, Manager, Personnel Management, presented a new employee orientation film which was prepared by Personnel Management staff in conjunction with RVTV, Channel 3. He advised that within the first week of employment, new employees are briefed on health care, life insurance, long term disability, etc., and within the first three months, new employees receive more in-depth orientation regarding policy and procedures, benefits, etc., along with presentations by the City Manager on leadership issues and the work place today, and a presentation by the Mayor on the political process. He explained that new employees participate in a scavenger hunt which causes them to visit various City departments to learn about what they do, and they also participate in a VIP tour of various outlying City operations. During the first month of employment, he advised that new employees participate in a four- hour Customer Service Training Program. There being no questions or comments, without objection by Council, the Mayor advised that the briefing would be received and filed. At 1:30 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, November 3, 1997, 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 William White, Sr., Linda F. Wyatt, C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout and Mayor David A. Bowers ........................................................................................... 7. ABSENT: None ..................................................................................... 0. OFFICERS PRESENT: W. Robert Herbert, 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 Philip E. Motley, Pastor, Grandin Court Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. ACTION: ACTION: CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for an Executive Session to discuss the possible use of real property for public purpose, specifically certain undeveloped property in the Roanoke Centre for Industry and Technology; and personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the regular meetings of Council held on Monday, July 7, 1997, and Monday, July 21, 1997, 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 White, Wyatt, Harris, Parrott, Swain, Trout 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 5O9 510 ACTION: ACTION: by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ................................................................ 0. BUDGET-CITY EMPLOYEES-PERSONNEL LAPSE FUNDS: A report of the City Manager advising that personnel lapse is generated due to employee turnover and vacancies in City departments; and for the current fiscal year, salary savings of $825,000.00 are projected as a result of the vacancies, was before Council. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that the report be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. INDUSTRIES-ECONOMIC DEVELOPMENT: A report of the City Manager requesting that Council convene in Executive Session to discuss a matter with regard to the possible use of real property for public purpose, specifically certain undeveloped property in the Roanoke Centre for Industry and Technology, pursuant to Section 2.1- 344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to the possible use of real property for public purpose, specifically certain undeveloped property in the Roanoke Centre for Industry and Technology, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. ROANOKE CIVIC CENTER-OATHS OF OFFICE-COMMITTEES: A report of qualification of Acree Hayes as a member of the Roanoke Civic Center Commission for a term ending September 30, 2000, was before Council. 511 ACTION: (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mr. White moved that the report of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ O. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: ANNUAL REPORTS-DOWNTOWN ROANOKE, INCORPORATED: Robert W. Glenn, Jr., Chair, Downtown Roanoke, Incorporated, presented copy of the Annual Report of Downtown Roanoke, Inc., and expressed appreciation for the good working relationship that exists between City Council, the Roanoke community and Downtown Roanoke, Incorporated. He called specific attention to the following projects: (1) Holiday decorations in downtown Roanoke; (2) The City's leadership role in locating 200 additional jobs for First Union employees in downtown Roanoke; (3) The City's partnership in Downtown Roanoke's Outlook Project and Destination Education Project; 512 ACTION: (4) Improvements to Kirk alley which are currently underway; (5) The downtown railwalk which will provide a connectivity with other organizations and institutions in the City Market area; (6) Construction of the Second Street Bridge; (7) The kiosk in downtown Roanoke to direct visitors to various destination points. Mr. Glenn advised that Downtown Roanoke, Incorporated, has made a decision to shift more of its resources and efforts to downtown economic development; however, they will continue to support festivals and other special activities; it is hoped that Downtown Roanoke, Incorporated, can develop a partnership with the City and others through development of a festival events committee to provide for a larger and better focus on events and festivals in downtown; and Downtown Roanoke, Incorporated, needs the City's assistance as it continues to move forward with downtown development plans, not the least of which is identifying an appropriate reuse for the recently acquired Norfolk Southern buildings. Without objection by Council, the Mayor advised that the remarks of Mr. Glenn would be received and filed. CLEAN VALLEY COUNCIL-SPECIAL EVENTS: Donald S. Caldwell, Commonwealth's Attorney, and 'City Action Team representative, presented a report on 1997 Tire Amnesty Days which were held on April 11 - 12, 1997. He advised that volunteers addressed the problem of discarded and abandoned tires throughout the City and provided an avenue where persons could get rid of tires that were creating blight and contributing to the overall unattractive appearance of some neighborhoods. He stated that over 35,500 tires were collected in the two-day period, and over 150 City volunteers worked on the project which was a Valley-wide effort. He explained that the City Action Team is proposing Sweat Equity Day No. 1 in March 1998, in conjunction with Clean Valley Day, which will involve City volunteers walking some of the streets and areas in the City and physically picking up litter that does not lend itself to be picked up other than by hand. I ACTION: Mr. Caldwell advised that Tire Amnesty Days No. II is not proposed for 1998 because it does not appear that the State, which underwrote the funding for Tire Amnesty Days No. 1, will have available funds, and suggested that Council address the matter with the City's representatives to the General Assembly. Following discussion of the matter and without objection by Council, the Mayor advised that the briefing would be received and filed. 513 ACTION: PETITIONS AND COMMUNICATIONS: SCHOOLS: A communication from Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools, advising that a Workforce Endorsement Agreement is a collaborative effort involving the City of Salem School Division, Roanoke City School Division, Roanoke County School Division, the Salem-Roanoke County Chamber of Commerce, and the Blue Ridge Regional Education and Training Council with endorsement by the Roanoke Regional Chamber of Commerce; the agreement, signed by business and industry, schools and students, establishes that businesses will give priority for employment to high school graduates who have signed the Workforce Endorsement Agreement, which encourages students to do well academically and to have good attendance; and just as transcripts are required for college admission, businesses agree to request student transcripts for employment, was before Council. The Superintendent requested that Council sanction and support the Workforce Agreement. (For full text, see communication on file in the City Clerk's Office.) Ms. Wyatt moved that Council concur in the request. The motion was seconded by Mr. Swain and unanimously adopted. BUDGET-CITY TREASURER-COMMISSIONER OF REVENUE- EQUIPMENT-STATE COMPENSATION BOARD: A communication from the Honorable David C. Anderson, City Treasurer, and the Honorable Marsha C. Fielder, Commissioner of the Revenue, advising that the Commonwealth of Virginia Compensation Board reimburses the Office of the City Treasurer and the Office of the Commissioner of the Revenue for a portion of personnel and administrative expenses; 5 14 official correspondence from the Compensation Board to the Constitutional offices is sent via the United States Postal Service; however, the Compensation Board will begin using facsimile (fax) machines to send documents to Constitutional offices, was before Council. It was further advised that the Virginia Compensation Board has approved funding in the amount of $306.00 for the Office of the City Treasurer and $458.00 for the Office of the Commissioner of the Revenue for acquisition of fax machines; and concurrence by Council is required to receive additional funding from the Compensation Board. The City Treasurer and the Commissioner of the Revenue recommended that Council concur in the following actions: Increase the revenue estimate for Shared Expenses - Treasurer, Account No. 001-020-1234-0613, in the amount of $306.00, and Shared Expenses - Commissioner of the Revenue, Account No. 001-020-1234-0612, in the amount of $458.00; and Appropriate funding in the amount of $306.00 to Account No. 001-020-1234-9005, Furniture and Equipment - City Treasurer, and funding in the amount of $458.00 to Account No. 001-020-1233-9005, Furniture and Equipment - Commissioner of the Revenue. A report of the City Manager concurring in the request was also before Council. (For full text, see communication and report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#33637-110397) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 250.) ACTION: Mr. White moved the adoption of Ordinance No. 33637-110397. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. REPORTS OF OFFICERS: CITY MANAGER: 515 BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: INSURANCE-CITY EMPLOYEES-BLUE CROSS/BLUE SHIELD: The City Manager submitted a written report advising that the present health insurance contract with Trigon Blue Cross Blue Shield expires on December 31, 1997; competitive sealed bidding was not practicable due to the large number of options and plans available; Trigon Blue Cross Blue Shield provided a contract renewal which includes the following: a decrease in rates by ten per cent, effective January 1, 1998 through December 31, 1998; a rate cap for the second year of the contract, January 1, 1999 through December 31, 1999, of eight per cent; and a rate cap in the third year based on a formula related to claim patterns for the 24 preceding months of the contract. It was further advised that the Employee Benefits Awareness Committee reviewed the Trigon Blue Cross Blue Shield renewal; following review of the proposal, the Committee recommended keeping health care rates the same for the next two years versus decreasing rates the first year of the contract and increasing rates in the second year; retiree rates will be the same as active employee rates beginning January 1, 1998; Trigon Blue Cross Blue Shield stock was sold for $577,767.00 on October 1, 1997, which amount was credited to the Health Insurance Reserve; the Health Insurance Reserve was also credited with $383,142.00 in interest for the fiscal year ending June 30, 1997; a premium holiday for all who participate in the City's health care program is an excellent method to distribute the earnings received from the one-time stock sale and the interest earned; during the period of a 516 premium holiday, health care premiums are paid from the Health Insurance Reserve; the cost per month for a premium holiday is approximately $428,000.00, and will reduce each participating employee's annual cost of health insurance by 16.7 per cent for contract year January 1, 1998 through December 31, 1998; and the premium holiday, if granted, would apply to active employees and retirees under age 65 who participate in the City's health care program. Currently monthly rates and new rates are the same for the first two years of the contract and are as follows: 1998-99 1998-99 COMP. RATE P.O.$. RATE Employee $176.84 $145.74 Emp./Child 254.68 209.90 Family 413.82 341.10 Employee costs monthly after City contribution are as follows: 1998-99 1998-99 CQMP. RATE P.O,$. RATE Employee $17.84 $ 7.74 Emp.IChild 95.68 71.90 Family 254.82 203.10 City Contribution 159.00 138.00 The City Manager recommended that Council award the contract for health care insurance to Trigon Blue Cross Blue Shield for a period of two years beginning January 1, 1998 through December 31, 1999, with a right to renew a third year beginning January 1, 2000 and ending December 31, 2000, under terms and conditions contained in the City's present contract with such firm, except as otherwise noted in the City Manager's report, and authorize the City Manager to execute the same in a form to be approved by the City Attorney and with the understanding that Trigon Blue Cross Blue Shield provide the City Manager with said contract, for execution not later than December 15, 1997; and, in addition, the City Manager recommended that Council approve a premium holiday for the months of December 1997 and January 1998, based on the coverage selected by active employees and retirees, effective January 1, 1998. (For full text, see report on file in the City Clerk's Office.) 517 ACTION: Mr. Trout offered the following resolution: (#33638-110397) A RESOLUTION authorizing execution of a contract and related documents with Trigon Blue Cross Blue Shield to provide for a Comprehensive Health Plan and a Point of Service Health Plan for subscribers and retirees of the City and members of their families; and providing for payment of the participant's share of such health insurance premiums for December 1997 and January 1998. (For full text of Resolution, see Resolution Book No. 60, page 251.) Mr. Trout moved the adoption of Resolution No. 33638-110397. The motion was seconded by Mr. Harris and adopted by the following vote: ACTION: AYES: Council Members White, Wyatt, Harris, Parrott, Swain and Trout .................................................................................. 6. NAYS: Mayor Bowers .......................................................... 1. Vice-Mayor Wyatt requested information on the top ten medicines prescribed for City employees via the prescription card through Trigon Blue Cross Blue Shield. DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of September 1997. (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the Financial Report would be received and filed. BUDGET-INSURANCE-RISK MANAGEMENT FUND: The Director of Finance submitted a written report advising that Section 2-188.1, Reserve for self-insured liabilities, Code of the City of Roanoke (1979), as amended, stipulates that at the conclusion of each fiscal year, $250,000.00, to the extent available from any undesignated General 518 ACTION: Fund balance at the end of such fiscal year, shall be reserved for self- insured liabilities of the City; and as such, on June 30, 1997, $250,000.00 was reserved in the General Fund for self-insured liabilities. It was explained that on July 1, 1996, a new Risk Management Internal Service Fund was established to account for insurance coverage for the City of Roanoke, accordingly, the City's Reserve for Self-Insured Liabilities was transferred to this fund from the General Fund; and all insurance activities are now accounted for in the Risk Management Internal Service Fund. The Director of Finance recommended that an ordinance be adopted to appropriate the $250,000.00 reserved in the General Fund for self.insured liabilities to be transferred to the Risk Management Fund where the remaining self-insurance reserve exists, and the proposed ordinance also establishes a revenue estimate in the Risk Management Fund for the transfer, thereby increasing the Reserve for Self.Insured Liabilities. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#33639-110397) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General and Risk Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 252.) Mr. Swain moved the adoption of Ordinance No. 33639-110397. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ..................................................................... 0. 519 ACTION: CITY ATTORNEY: CITY CODE-ANIMALS/INSECTS-LICENSES: The City Attorney submitted a written report advising that two sections of the Code of the City of Roanoke (1979), as amended, need to be amended in order to bring the Code into conformity with requirements of State law; Section 6-40 of the City Code currently requires that dogs which are six months or older be licensed; the comparable section of the State Code requires that licenses be purchased for dogs which are four months old; in addition, Section 6-62 of the City Code requires that every dog or cat which is six months or older must have a current rabies vaccination; and the State Code requires that rabies vaccinations be obtained when these animals attain the age of four months; whereupon, the City Attorney recommended adoption of an ordinance to amend the City Code which will conform City Code provisions to State law. (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: (#33640) AN ORDINANCE amending and reordaining §6-40, Re~_uired, of the Code of the City of Roanoke (1979), as amended, to require licensing of dogs which are four months old or older and amending and reordaining subsection (a) of §6-62, Vaccination of doqs and cats, of the Code of the City of Roanoke (1979), as amended, to require rabies vaccinations of any dog or cat which is four months old or older. (For full text of Ordinance, see Ordinance Book No. 60, page 257.) The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. REPORTS OF COMMITTEES: PURCHASE/SALE OF PROPERTY-DONATIONS/ 52O CONTRIBUTIONS-STATE HIGHWAYS-HOUSING/AUTHORITY-HOTEL ROANOKE CONFERENCE CENTER-STREETS AND ALLEYS-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to a request that the Virginia Department of Transportation convey to the City all residual and surplus right-of-way parcels from the Wells Avenue Project, and that the City convey the parcels to the Roanoke Redevelopment and Housing Authority and to the H. R. Foundation, Inc., as owners of the property abutting the parcels of land. A staff report advised that on December 16, 1992, Council adopted Resolution No. 31287-121692, approving the location of the realignment of Wells Avenue from Williamson Road, N. E., to First Street, N. W.; the Wells Avenue project was substantially completed in March 1995 to coincide with the opening of the Hotel Roanoke and Conference Center; 11 residue parcels totalling approximately 0.518 acre remain titled in the name of the Commonwealth of Virginia, which has agreed to donate the residue parcels to the City of Roanoke at no cost to the City; and the residual parcels co-join properties owned by the City of Roanoke Redevelopment and Housing Authority and the H. R. Foundation, Inc., who have requested that these fractional adjacent parcels be conveyed to them to be combined with each of their adjoining properties. The Water Resources Committee recommended that Council adopt a resolution requesting that the Virginia Department of Transportation donate all residual and surplus right-of-way parcels from the Wells Avenue project to the City of Roanoke and that the City convey the parcels of land to the Roanoke Development and Housing Authority and to the Hotel Roanoke Foundation as owners of property abutting the parcels. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: (#33641-110397) AN ORDINANCE authorizing the City Manager to request that the Virginia Department of Transportation (VDOT) convey to the City all residual and surplus right-of-way parcels from the Wells Avenue Project, and the donation of these parcels to the adjoining property owners; and providing for an emergency. ACTION: (For full text of Ordinance, see Ordinance Book No. 60, page 254.) Ms. Wyatt moved the adoption of Ordinance No. 33641-110397. The motion was seconded by Mr. Trout and adopted by the following vote: 521 AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., requested a clarification with regard to which parcels of land are included in the report; whereupon, the City Manager identified the property as being located on the south side or the hotel side of Wells Avenue, which property is currently owned by the Commonwealth of Virginia. PURCHASE/SALE OF PROPERTY-EASEMENTS-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to acquisition of property rights needed by the City for construction of the Estates Road Water Line Project. A staff report advised that water service to Estates Road is currently provided through a pneumatic booster station located on Rosemary Avenue, S. E.; pressure fluctuations occur periodically at the dead end of Hartsook Boulevard and Medallion Circle due to the pump station cycling on and off and through draw down off the gravity system which services the area; easements though private property are required to provide a connection between Gearhart Road and Estates Road; authorization is needed to move forward with title work, negotiations and closing for acquisition of property rights; and potential growth and development exists on 32 acres of land located at the end of Hartsook Boulevard that cannot be served off of the gravity pressure level. The Water Resources Committee recommended that Council authorize the City Manager to take the appropriate action to acquire all property rights necessary for the construction of the Estates Road Water Line Project across the required properties. (For full text, see reports on file in the City Clerk's Office.) 522 ACTION: Ms. Wyatt offered the following emergency ordinance: (#33642-110397) AN ORDINANCE providing for acquisition of property rights needed by the City for the construction of the Estates Road Water Line Project; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right-of-entry on any of the parcels for the purpose of commencing the project; upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 255.) Ms. Wyatt moved the adoption of Ordinance No. 33642-110397. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................. 7. NAYS: None ................................................................ 0. EASEMENTS-HOUSING/AUTHORITY-UTILITIES-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to abandonment of existing public utility easements relating to the Downtown East Renewal Project. A staff report advised that the Roanoke Redevelopment and Housing Authority owns a parcel of land located at the northwest corner of Church Avenue and Williamson Road, S. E., which is to be part of the proposed Ice Park; a City sanitary sewer lateral is located in a 15-foot public utility easement that runs through a portion of the lot, which currently serves no purpose since there are no structures on the lot; the developer of the Ice Park has requested that the lateral and easement be abandoned in order to remove an unnecessary encumbrance on the parcel of land; existing easements must be vacated by Council; and the parcel of land is identified as Official Tax No. 4011413. 523 ACTION: The Water Resources Committee recommended that Council authorize vacation of the existing public utility easement, in a form to be approved by the City Attorney. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#33643) AN ORDINANCE authorizing abandonment of a certain 15' wide public utility easement located on property owned by the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 258.) The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. CITY CHARTER-COUNCIL-LEGISLATION-SCHOOLS. PROCUREMENT CODE: Council Member William White, Sr., Chairperson of the Legislative Committee, presented a written report on behalf of the Committee, advising that on October 27, 1997, Council's Legislative Committee met to review the proposed 1998 Legislative Program; after careful review, the Committee approved the City portion of the Program; the School Board portion of the Program was also reviewed and will be considered by the School Board for the first time at its meeting on November 11, 1997; and after approval by the full Board, the School Board portion of the Program will be forwarded to Council at its meeting on November 17, 1997, at which time, Council will be requested to consider a resolution adopting the entire Legislative Program. It was further advised that the City's Legislative Program anticipates an attack on the personal property tax and provides a strong defense of this vital revenue source that will produce $20.5 million for the City in fiscal year 1997-98; the Program further highlights 524 ACTION: the important achievement and recommendations of the Urban Partnership which are intended to promote the economic competitiveness of Virginia's regions in the global marketplace; the 1996 Session of the General Assembly created the formula and machinery for distribution of incentive funding to localities that implement regional cooperative ventures, and the 1998 Session must continue to fund this important legislation; and the Higher Education Center is highlighted as necessary to allow the region to meet the educational challenges of the twenty-first century. (For full text, see report on file in the City Clerk's Office.) Vice-Mayor Wyatt advised that as a member of the Legislative Committee, she would like to go on record in support of the 1998 Legislative Program; however, she views collective bargaining as a positive tool for persons to deal with their differences, and stated her opposition to that portion of the City's 1998 Legislative Program which opposes collective bargaining. Mr. White moved that Council approve the City's portion of the proposed 1998 Legislative Program and that the City Attorney be requested to include an additional item to the legislative program with regard funding for a second Tire Amnesty Day through the Department of Environmental Quality Waste Tire Program. The motion was seconded by Mr. Swain and unanimously adopted. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SEWERS AND STORM DRAINS-EASEMENTS: Ordinance No. 33621 authorizing vacation of the abandoned portion of a sanitary sewer easement, and authorizing acceptance of a new 15-foot sanitary sewer easement across property identified by Official Tax No. 4080905 and commonly known as 310 Robin Hood Road, S. E., upon certain terms and conditions, as more particularly set forth in a report of the City Manager dated October 22, 1997, having previously been before the Council for its first reading on Wednesday, October 22, 1997, 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: ACTION: (#33621-110397) AN ORDINANCE authorizing vacation of the abandoned portion of a sanitary sewer easement, and authorizing acceptance of a new 15-foot sanitary sewer easement across property identified by Official Tax No. 4080905 and commonly known as 310 Robin Hood Road, S. E., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 243.) Mr. Harris moved the adoption of Ordinance No. 33621-110397. The motion was seconded by Mr. Parrott and adopted by the following vote: 525 ACTION: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. CITY CODE-TAXES-LICENSES: Ordinance No. 33625 amending §19-1.1, Intent of this chapter; levy and _~ur_~ose of tax; exception to issuance fee, Article I. In General, of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, to eliminate the fifty dollar issuance fee and levy only the license tax when the total gross receipts of a business are more than $100,000, effective January 1, 1998, having previously been before the Council for its first reading on Wednesday, October 22, 1997, 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: (#33625-110397) AN ORDINANCE amending §19-1.1, Intent of this chapter; levy and purpose of tax; exception to issuance fe~, Article I. In General, of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, to eliminate the fifty dollar issuance fee and levy only the license tax when the total gross receipts of a business are more than $100,000; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 60, page 243.) Mr. Harris moved the adoption of Ordinance No. 33625-110397. The motion was seconded by Mr. Parrott and adopted by the following vote: 526 ACTION: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ...................................................................... 0. STREETS AND ALLEYS: Ordinance No. 33633 permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described as that portion of Brunswick Avenue, S. W., connecting the 2000 block of Windsor Avenue, S. W., to an alley, as the same extends between parcels bearing Official Tax Nos. 1440523 and 1440601, having previously been before the Council for its first reading on Wednesday, October 22, 1997, 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: (#33633-110397) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 60, page 245.) Mr. Harris moved the adoption of Ordinance No. 33633-110397. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None .0. STREETS AND ALLEYS: Ordinance No. 33634 permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, described as follows: from a point located at the intersection of 13th Street and Edmund Avenue (an undeveloped street) and proceeding in a northeastern manner for approximately 730 feet to the intersection of Edmund Avenue and Light Street (another undeveloped street), then proceeding in a southeastern manner for approximately 300 feet to the intersection of Light Street and the existing Baldwin Avenue; and from a point located at the intersection of Baldwin Avenue and said alley, which runs parallel to Edmund Avenue, and proceeding in a northeastern manner for approximately ACTION: 630 feet to the intersection of Light Street (an undeveloped street), having previously been before the Council for its first reading on Wednesday, October 22, 1997, 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: (#33634-110397) AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 60, page 247.) Mr. Harris moved the adoption of Ordinance No. 33634-110397. The motion was seconded by Mr. Swain and adopted by the following vote: 527 AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. ZONING: Ordinance No. 33635 amending certain conditions presently binding upon certain property previously conditionally zoned CN, Neighborhood Commercial District, located at 701 Salem Avenue, S. W., and designated as Official Tax No. 1111118, which property was previously conditionally rezoned pursuant to Ordinance No. 32953- 060396, adopted June 3, 1996, having previously been before the Council for its first reading on Wednesday, October 22, 1997, 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: (#33635-110397) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 111, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned CN, Neighborhood Commercial District. (For full text of Ordinance, see Ordinance Book No. 60, page 249.) 528 ACTION: ACTION: Mr. Harris moved the adoption of Ordinance No. 33635-110397. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None 0. COMMITTEES-INDUSTRIES: Mr. Trout offered the following resolution reappointing William L. Bova as a Director of the Industrial Development Authority of the City of Roanoke, to fill a four-year term on its Board of Directors, ending October 20, 2001: (#33644-110397) 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. (For full text of Resolution, see Resolution Book No. 60, page 256.) Mr. Trout moved the adoption of Resolution No. 33644-110397. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ,0. MOTIONS AND MISCELLANEOUS BUSINESS: None. INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: HOUSING/AUTHORITY-NEIGHBORHOOD ORGANIZATIONS: Council Member Swain referred to a communication from the City Manager in regard to organizing a group of citizens to address problems in the inner-city neighborhoods. He also referred to an unidentified citizen who seeks assistance in connection with infrastructure needs in her neighborhood and advised that he would provide the individual's name to the City Manager for appropriate response. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 3:40 p.m., the Mayor declared the meeting in recess. At 4:35 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. 529 ACTION: ACTION: 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. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. COMMITTEES-BLUE RIDGE COMMUNITY SERVICES: The Mayor advised that there is a vacancy on the Blue Ridge Community Services Board of Directors created by the resignation of Michael A. Grant, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Robert Williams, Jr. There being no further nominations, Mr. Williams was elected as a member of the Blue Ridge Community Services Board of Directors, for a term ending December 31, 1999, by the following vote: FOR MR. WILLIAMS: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ........................................ 7. 53O There being no further business, the Mayor declared the meeting adjourned at 4:40 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowem Mayor 531 I REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL November 17, 1997 12:15 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday,~November 17, 1997, at 12:15 p.m., the regular meeting hour, with Mayor David A. ~Bowers presiding, pursuant to Rule 1, Re_~ular Meetinqs, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., and Mayor David A. Bowers ............................................................................................ 7. ABSENT: None ..................................................................................... 0. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; William X Parsons, Assistant City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. JEFFERSON CENTER- CONSULTANTS REPORTS: John R. Marlles, Chief, Planning and Community Development, advised that several years ago, The Jefferson Center Foundation Board of Directors approached the City with a two-fold problem; viz: (1) the Jefferson Center had inadequate parking to support night-time activities, and (2) concerns expressed by patrons of the Jefferson Center who were being approached by transients living in nearby rooming houses. He stated that during this same period of time, there was considerable discussion with regard to locating adequate parking for municipal employees who work in the downtown area, and, following consideration of the matter, the City Manager recommended that the parking needs for the Jefferson Center Foundation be incorporated into an overall package that would help to address the day-time parking needs for municipal employees. He explained that on December 4, 1994, Council approved acquisition of property in the vicinity of the Jefferson Center and, to date, seven properties have been acquired for the purpose of providing a joint use parking facility in the area. He advised that earlier this year, concerns were expressed by nearby residents, Old Southwest, Inc., and several of the City's boards and commissions that demolition of structures in the area, especially property located at 502 Church Avenue, S. W., would have a detrimental impact, and, in response to these concerns, the City Manager appointed a ten member advisory committee to assist in the preparation of a long range master plan for the Jefferson Center area. He explained that the 532 advisory committee included representatives of the Jefferson Center Foundation, Downtown Roanoke, Inc., City Planning Commission, Architectural Review Board, Board of Zoning Appeals, City Engineer's Office, and the City Planning Department. He stated that the objectives of the master plan were to show how the City can make the best use of the public property in the project area for vehicular parking, to identify long term opportunities for new infill construction in the project area on both public and private property, and to provide cost estimates for short and long-term parking improvements. David Hill representing Hill Studio P.C. presented a briefing on Jefferson Center Area Master Plan recommendations. (See Jefferson Center Area Master Plan on file in the City Clerk's Office.) Specific recommendations include the following: Phasing of development for the anticipated future of Jefferson Center Performance Hall, changes in property ownership, and the possible development of the Cotton Mill as a residential/commercial block. Exploration of lease options with adjacent owners. While the City cannot fund improvements to land it does not own, the Jefferson Center Foundation can. City support for the future potential of adjacent properties: Cotton Mill block and parcels YMCA and parking areas Systems 4 5th Street corridor Residential in-fill at Old Southwest neighborhood Accommodations to protect and delineate the adjacent residential district. * Streetscape improvements to enhance the pedestrian environment. * Expanded use of on-street parking for off-hour uses. A building relocation strategy to solicit developer proposals to take possession of and relocate the existing residential properties on Luck Avenue and Church Avenue. 533 Creation of a Parking Management Strategy to: Maximize use of existing parking resources Coordinate scheduling of special events Develop parking lot sharing for areas with complimentary needs Connect the dots with a people mover shuffle network Provide parking for 1000 cars, 30 nights per year in anticipation of the Jefferson Center Performance Hall. Mr. Hill reviewed the five phases of design and construction. (See pages 12 - 21 of the Master Plan). He advised that Phase I would consist of a construction budget of approximately $148,000.00 and Phase II would involve approximately $323,000.00. Council Member White and Vice-Mayor Wyatt requested that the City Manager review the issue of fairness relative to paid parking for evening activities at the Jefferson Center. The Mayor requested that the City Manager address the following matters: (1) Page 30 of the Master Plan is dated April 18, 1997 and Page 49 is dated May 5, 1997. Why was there a delay in bringing the report to Council? (2) There are ten private residences in the area in question. The Mayor expressed opposition to addressing the houses on a piecemeal basis and would prefer that the City take the necessary steps to save the dwellings. (3) Representatives of the Cotton Mill should be contacted with regard to residential development in the area. At 12:55 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, November 17, 1997, 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. 534 PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., and Mayor David A. Bowers ............................................................................................ 7. ABSENT: None ...................................................................................... 0. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; William X Parsons, Assistant City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend Larry Atkin, Pastor, Edgewood Christian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS: ACTS OF ACKNOWLEDGEMENT: The Mayor welcomed and presented photographs of the Roanoke Valley and logo lapel pins to Serhiy Bida, Yaroslava Bilostotska, Zinaviy Guzar, Yuri Hrynchyshyn, and Natalia Kirtchiv, from Lviv, Ukraine, participants in Legacy International, Community Connections. 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. MINUTES: Minutes of the special meetings of Council held on Tuesday, July 15, 1997, Monday, July 28, 1997, and Tuesday, July 29, 1997, were before the body. (For full %'~xt, see Minutes on file in the City Clerk's Office.) ACTION: 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: 535 ACTION: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. ACTS OF ACKNOWLEDGEMENT-COUNCIL-COMMUNITY PLANNING: A communication from Mayor David A. Bowers advising that few men or women in the 113 years since the chartering of the City of Roanoke have made such a lasting and significant impact on the community as former Mayor Noel C. Taylor; and it is time to appropriately honor his distinctive and distinguished contribution to "The Star City", was before Council. Mayor Bowers recommended that the matter be referred to the City Planning Commission for review and recommendation as to an appropriate means of recognition for former Mayor Taylor; and requested that the citizens of the City of Roanoke express their thoughts about the accomplishments of Dr. Taylor and how the City might appropriately honor him. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the matter be referred to the City Planning Commission for review and recommendation. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. ELECTIONS-BONDS-COUNCIL-CAPITAL IMPROVEMENTS PROGRAM: A communication from Gilbert E. Butler, Jr., Secretary, Roanoke City Electoral Board, transmitting a certified copy of the Abstract of Votes cast in the general and special election held in the City of Roanoke on November 4, 1997, was before Council. 536 "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 4, 1997 General Election, for GOVERNOR Names of Candidates on Ballot Sue Harris DeBauche Donald S. Beyer, Jr. James S. "Jim" Gilmore III Total Write-In Votes (See Certification) Total Votes Received (In Figures) 598 ,857 ,628 5 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy teste: [ELECTORAL BOARD SEAL] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board WRITE-INS CERTIFICATION Roanoke City Governor General Election November 4, 1997 Total Votes Received (in figures) ,! Write-Ins Invalid Write-Ins 1 Charlton Heston 1 David Lystlund 1 Betty Small 1 Matt Womack 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that,'with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board ABSTRACT OF VOTES 537 cast in the City of Roanoke, Virginia, at the November 4, 1997 General Election, for: LIEUTENANT GOVERNOR Names of Candidates on Ballot Bradley E. Evans L. F. Payne, Jr. John H. Hager Total Write-in Votes [see certification] Total Votes Received (in figures) 1,075 12,683 9,518 538 We, the undersigned Electoral Board, upon examination of the official records cieposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this Sth day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board WRITE-INS CERTIFICATION Roanoke City Lieutenant Governor General Election November 4, 1997 Write-Ins Total Votes Received (in figures) Invalid Write-Ins 1 Matt Womack 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board ABSTRACT OF VOTES 539 cast in the City of Roanoke, Virginia, at the November 4, 1997 General Election, for: ATTORNEY GENERAL Names of Candidates on Ballot Total Votes Received (in figures) William D. "Bill" Dolan III Mark L. Earley 10,991 11,883 Total Write-In Votes [see certification] 4 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board 54O WRITE-INS CERTIFICATION Roanoke City Attorney General General Election November 4, 1997 Total Votes Received (in figures) Write-Ins Michael D. Craighead Chris Shepard Matt Womack John Paul Woodley, Jr. We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 4, 1997 General Election, for: MEMBER HOUSE OF DELEGATES 16th District Names of Candidates on Ballot Total Votes Received (In figures) Clifton A. "Chip" Woodrum Total Write-in Votes [see certification] 9,546 2 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board WRITE-INS CERTIFICATION 541 Roanoke City House of Delegates Member 16th District General Election November 4, 1997 Write-ins Invalid Write-Ins Susan Small Total Votes Received (in figures) 542 We, the undersigned Electoral Board, upon examination of the official records ~Jeposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this Sth day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 4, 1997 General Election, for: MEMBER HOUSE OF DELEGATES 17th District Names of Candidates on Ballot Total Votes Received (in figures) A. Victor "Vic" Thomas 7,920 Total Write-In Votes [see certification] 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board WRITE-INS CERTIFICATION Roanoke City House of Delegates Member 17th District General Election November 4, 1997 Write-Ins Total Votes Received (in figures) Curt Woods .... 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board 543 544 ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 4, 1997 General Election, for: COMMONWEALTH'S ATTORNEY Names of Candidates on Ballot Total Votes Received (in figures) Donald S. Caldwell 18,222 Total Write-in Votes [see certification] 3 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board WRITE-INS CERTIFICATION Roanoke City Commonwealth's Attorney General Election November 4, 1997 Write-Ins Total Votes Received (in figures) Invalid Write-Ins G. David Nixon Matt Womack 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 4, 1997 General Election, for: SHERIFF Names of Candidates on Ballot Total Votes Received (in figures) George M. McMillan 16,749 Total Write-In Votes [see certification) 3 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. 545 546 A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board WRITE-INS CERTIFICATION Roanoke City Sheriff General Election November 4, 1997 Write-Ins Total Votes Received (in figures) Invalid Write-Ins 1 Jim Phillips 1 M. Womack 1 We, the undersigned Electoral Board, upon examination of the official records =aposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 4, 1997 General Election, for: COMMISSIONER OF REVENUE Names of Candidates on Ballot Total Votes Received (in figures) Sherman A. Holland Guy W. Byrd, Jr. 11,711 10,721 Total Write-In Votes [see certification] 3 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board WRITE-INS CERTIFICATION Roanoke City Commissioner of the Revenue General Election November 4, 1997 Write-Ins Total Votes Received (in figures) Invalid Write-Ins Marsha Compton Fielder Matt Womack 547 548 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 4, 1997 General Election, for: TREASURER Names of Candidates on Ballot Total Votes Received (in figures) David C. Anderson 18,234 Total Write-In Votes [see certification] 3 We, the c:,dersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board WRITE-INS CERTIFICATION Roanoke City Treasurer General Election November 4, 1997 Write-Ins Total Votes Received (in figures) Invalid Write-Ins 1 Sam Darby 1 Matt Womack 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this 5th day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 4, 1 997 Special Election, for: BOND ELECTION 549 55O QUESTION: Shall Ordinance No. 33497-072197, adopted by the Council of the City of Roanoke on July 21, 1997, entitled: "AN ORDINANCE authorizing the issuance of Thirty-Nine Million Thirty Tl, ousand Dollars ($39,030,000) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of Roanoke 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; and providing for an emergency.", be approved? Total Votes Received (in figures) Yes 16,778 No 4,641 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the questior, or proposition set forth above. Given under our hands this 5th day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 4, 1997 Special Election, for: OFFTRACK PARI-MUTUEL WAGERING 551 QUESTION: Shall pari-mutuel wagering be permitted in the City of Roanoke at satellite facilities in accordance with Chapter 29 (§59.1-364, et seq.) of Title 59.1 of the Code of Virginia? Total Votes Received (in figures) YES 9,044 NO 12,371 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the question or proposition set forth above. Given under our hands this 5th day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the November 4, 1997 Special Election, for: 552 ACTION: PROPOSED CHARTER AMENDMENT QUESTION: Shall the Roanoke City Charter of 1952, as amended, be amended effective January 1, 2000, to provide for a seven member City Council consisting of a Mayor and Vice-Mayor separately elected at large and five (5) Council members who shall each be elected from and be a qualified voter in an election district established by Council with one Council member from each district? Total Votes Received (in figures) Yes 9,527 No 11,478 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 4, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the question or proposition set forth above. Given under our hands this 5th day of November, 1997. A copy teste: [Electoral Board Seal] Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board" Mr. White moved that the communication and Abstract of Votes be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS:None ........................................................................ 0. COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Richard S. Winstead tendering his resignation as a member of the Roanoke Neighborhood Partnership Steering Committee, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. White moved that the communication be received and filed, and that the resignation be accepted. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ...................................................................... 0. BLUE RIDGE COMMUNITY SERVICES-OATHS OF OFFICE- COMMITTEES: A report of qualification of Robert Williams, Jr., as a member of the Blue Ridge Community Services Board of Directors for a term ending December 31, 1999, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) ACTION: Mr. White moved that the report of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ..................................................................... 0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: BUDGET-GRANTS-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. 553 554 ACTION: Grant No. 6971 - $10,771.00 for the Impact Aid Program to provide funds for operation of the Homework Helpline for the 1997-98 school year, which continuing program has received Federal funds. $3:850,000.00 in front funding from the Capital Bond issue approved by referendum on November 4, 1997, for the balance of renovation costs for Woodrow Wilson Middle School and a change order contingency for middle school renovations. $300,000.00 in front funding from the Capital Bond issue approved by referendum on November 4, 1997, for asbestos abatement in middle school renovations. $500,000.00 in front funding from the Capital Bond Issue approved by referendum on November 4, 1997, for design plans and surveys for Addison Middle School renovation. 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. Parrott offered the following emergency budget ordinance: (#33645-111797) AN ORDINANCE to amend and reordain certain sections of the 1997-98 School and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 259.) Mr. Parrott moved the adoption of Ordinance No. 33645-111797. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers. 7. NAYS: None ..................................................................... 0. 555 Mr. Parrott offered the following resolution: (#33646-111797) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of a tax exempt financing for certain expenditures to be made in connection with the construction, renovation and/or equipping of certain capital improvements. (For full text of Resolution, see Resolution Book No. 60, page 260.) ACTION: Mr. Parrott moved the adoption of Resolution No. 33646-111797. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ..................................................................... 0. Mr. Parrott offered the following resolution: (#33647-111797) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of a tax exempt financing for certain expenditures to be made in connection with the construction, renovation and/or equipping or certain capital improvements. (For full text of Resolution, see Resolution Book No. 60, page 261.) ACTION' Mr. Parrott moved the adoption of Resolution No. 33647-111797. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ..................................................................... 0. PARKS AND RECREATION-ROANOKE ARTS COMMISSION-ART ACQUISITION-SISTER CITIES: A communication from Council Member C. Nelson Harris advising that in his capacity as Council's Liaison to the Roanoke Arts Commission, he has become acquainted with the International Sculpture Garden developed by the Sister Cities organization; the project received conceptual approval from Council 556 ACTION: in January 1996; and the artists, Arts CommisSion and Sister Cities organization are now ready for final approval, which is necessary for initiation of fundraising and site preparation, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris moved that the International Sculpture Garden, developed by Roanoke Sister Cities, be approved, with its location in Mill Mountain Park at the site outlined in the Master Plan developed by David Hill, PC. The motion was seconded by Ms. Wyatt. The Mayor advised that 13 persons had registered to speak and requested that remarks be limited to three minutes per speaker. Ms, Mary C. Pickett, 3804 Brandon Avenue, S. W., Apartment 48, advised that there has been a feeling of frustration for some time due to a lack of communication between different segments of the community, thus leading to frustration by City Council, the Roanoke Arts Commission, the Mill Mountain Advisory Committee, and the Sister Cities Committee. She expressed appreciation to Council Member Harris for his willingness to move the matter forward and asked that Council vote on the issue today. Ms. Shirley Kotheimer, 5914 Janda Drive, S. W., Vice-Chair, Sister Cities Committee, advised that the City of Roanoke is known in the international sister city organization for the scope and quality of its sister city programs, and the international sculpture garden is symbolic of Roanoke's reputation internationally. She stated that Mill Mountain is unique because very few cities have a mountain in their midst with a man-made star, and the proposed sculpture garden will be another step toward making Roanoke the Star City of the South. Ms. Ruby Smith, 2530 Nottingham Road, S. E., spoke in support of every city across America developing its own special spot, away from the hub, noise and confusion of the City, where citizens may congregate for a few minutes of peace, reflection, relaxation, and communion with God and their fellowman. She stated that Roanoke has a unique opportunity to provide such a place, and the proposed international sculpture garden will provide a location that citizens will remember, treasure and value. 557 Mr. David Curtis, 3536 Rosewood Avenue, S. W., Member of the Mill Mountain Sculpture Project Subcommittee and Selection Subcommittee, reviewed the work of the subcommittee which led to its final recommendations. He advised that the subcommittee offered a recommendation on what it considered to be the best selection of sculpture, and it is Council's decision to either approve or reject the proposal. Ms. Virginia Lane, 61 McDivitt Road, Salem, Virginia, spoke on behalf of the proposed artwork. She stated that having served in the United States Peace Corp for a number of years, she fully understands the meaning of brotherhood and world peace, and American citizens cannot do enough to be good neighbors to foreign countries. She recommended that the proposed international sculpture be placed on Mill Mountain. Ms. Kathleen Lunsford, 2305 Carter Road, S. W., President of the Arts Council of the Blue Ridge, advised that the Board of Directors voted in support of the sculpture project and recommends the inclusion of public art in general in the Roanoke Valley. She stated that many citizens in the Roanoke community have expressed support of the proposed sculpture garden on Mill Mountain. She advised that as an artist, she understands the complex process involved in developing a piece of work for a specific site and, as a community, Roanoke cannot, in good faith, suggest to the artists that the sculpture be moved to another site. She urged that Council concur in the recommendation of the Roanoke Arts Commission and approve the placement of the international sculpture garden on Mill Mountain as recommended by the Roanoke Arts Commission and the Sister Cities Committee. Dr. Rupert Cutler, 2865 South Jefferson Street, advised that art, outdoor recreation and environmental protection, are important to the American way of life and an opportunity exists to provide all three on Mill Mountain. He stated that he supports efforts to provide outdoor art, including that being proposed to honor the Sister Cities Program on Mill Mountain. On behalf of the Western Virginia Land Trust, consisting of approximately 200 members, he spoke in support of the David Hill plan for improvements to the facility atop Mill Mountain, includin.o, the proposed sister city sculpted columns. He advised that the main concern of the Western Virginia Land Trust is the protection of most of Mill Mountain in its present undeveloped condition and in 558 order to assure that protection in perpetuity, he will recommend to the Mill Mountain Advisory Committee that the City execute a conservation easement designed to achieve that objective. He requested that the City move forward as expeditiously as possible with the sister city sculpture garden on Mill Mountain. Mr. W. Conrad Stone, 419 Lake Drive, S. W., advised that J. B. Fishburn, the donor of the land for Mill Mountain Park, would be in favor of the City placing the international sculpture garden on Mill Mountain. He stated that the sculpture garden will provide the citizens of the City of Roanoke, and especially the children, with an opportunity to observe the cUltures of other countries, while encouraging peace and goodwill among other nations. Brooke Dickson, Chair, Roanoke Arts Commission, 523 Highland Avenue, S. W., pointed out that the Roanoke Arts Commission was appointed in 1983 to advise and assist the Council on matters relating to the advancement of arts within Roanoke City. She stated that the Arts Commission collaborated with the Sister Cities Committee to appoint a Citizens Sculpture Subcommittee with representatives from the Roanoke Arts Commission, Mill Mountain Advisory Committee, Mill Mountain Zoo, the Wildflower Group, Valley Beautiful, Roanoke City Parks and Recreation, Hill Studio, PC, and the Sister Cities Committee. She further stated that the concept was and remains for the sculpture and its installation to be paid for by donations and fundraising from the private sector with no expectation of City funding. She added that approximately two years ago, the Mill Mountain Advisory Committee voted in favor of the project and recommended that Council also approve the concept; the City Manager and the Roanoke Arts Commission concurred in the recommendation and, on January 16, 1996, Council voted to approve the placement of a sculpture in Mill Mountain Park. *She advised that in January 1997, the winning entry was announced and submitted by Roanoke artist Mimi Babe Harris and Snow Creek, Virginia, artist Donna Essig. She stated that the sculpture is artistically excellent and expresses the theme of international friendship in a way that can be clearly understood by young and old alike. She advised that it has been four years since the sculpture project was initiated and two years since Council gave its approval, and the Mill Mountain Advisory Committee has had since January 1997 to submit its recommendation. She stated that it is the mandate of the Roanoke Arts Commission to advise Council on the design and location of works of art, it is not the 559 purview of the Mill Mountain Advisory Committee, nor is it the responsibility of the Mill Mountain Advisory Committee to instruct the Parks and Recreation Department to recommend other sites. She advised that the sculpture was designed for Mill Mountain; therefore, it is the recommendation of the Roanoke Arts Commission that Council accept the Harris-Essig proposal as presented and allow the Sister Cities Sculpture Committee to proceed with the necessary fundraising. Mr. Michael Slenski, 3452 Overlook Drive, S. W., spoke in support of the proposed international sculpture garden on Mill Mountain. He explained that the sculpture is important to provide a strong economic force and to promote tourism by demonstrating the partnership that exists between Polish citizens and Polish-American citizens who are also citizens of the City of Roanoke. Ms. Hildegard Kirk, 2933 Rosalind Avenue, S. W., President of the Opinion Society of the Arts and Sciences, spoke in support of the international sculpture garden. She advised that the Opinion Society is most impressed with the design of the sculpture because it is aesthetically pleasing and is a beautiful representation of international friendship and understanding. She stated that the sculpture garden on Mill Mountain will be a reminder of the importance of international unity and provide a work of art in harmony with the natural environment. .: Mr. David K. Lisk, 909 Carrington Avenue, S. W., Executive Director, Roanoke Valley Sister Cities, advised that the Sister Cities Committee is concerned that the issue reach a conclusion. He stated that representatives of Roanoke's Sister Cities throughout seven countries have seen photographs of the proposed international sculpture garden and they are looking forward to its approval and location on Mill Mountain. He called attention to the commitment to the Sister Cities program by Roanoke's Sister Cities, and advised that a $17,000.00 pavilion is under construction in Wonju, Korea, in the Roanoke Festival Park, and a new museum has been constructed at the Wonju YMCA building, which demonstrates the commitment by Wonju to the City of Roanoke and to the sister city relationship. He asked that Council vote on the issue today. 56O Ms. Virginia Barrett, 1825 Trinity Road,. Troutville, Virginia, representing the Board of Directors of the Roanoke Arts Council, advised that the proposed sculpture garden in no way restricts the use of Mill Mountain for any person who would like to use Mill Mountain in a different way. She stated that it would he hoped that no person would feel threatened by someone sitting on a bench, under a tree, enjoying the sculpture in the manner that it was intended to be enjoyed. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., spoke neither in support of or in opposition to the international sculpture garden; however, she raised a question about the procedure and the significance of advisory committees. She inquired as follows: if a Council Member becomes frustrated about any issue, can the issue be wrested from the designated committee, or from the Council table for consideration, and, if so, what are the rules of procedure. She further ii;quired about the rules of procedure that citizens are expected to follow if they become frustrated by the inaction of City staff or City Council. She asked that Council issue rules regarding what can and what cannot come before the Council for a vote. She referred to a recent newspaper article which stated that City staff will meet with the citizens of Roanoke and request comments and suggestions on how to improve the City. She asked how the City expects to involve more people in the workings of City Government, if, when citizens have questions and comments, City Council makes a decision without following established rules of procedure. Council Member Trout, Member of the Mill Mountain Advisory Committee, requested that Council afford the Mill Mountain Advisory Committee the opportunity to bring its recommendations to Council for consideration. Question was raised as to when the Mill Mountain Advisory Committee will submit its recommendations to Council; whereupon, Mr. Trout advised that the Committee will meet on Thursday, November 20, 1997, and a report will be submitted to Council at its meeting on Monday, December 15, 1997, at 7:00 p.m. Following further discussion of the matter, the motion offered by Council Member Harris, seconded by Vice-Mayor Wyatt, was defeated by the following vote: 561 ACTION: AYES: Council Members Harris, Wyatt and Mayor Bowers---3. NAYS: Council Members Parrott, Swain, Trout and White----4. ZONING: The Mayor called attention to a public hearing which was previously advertised for the 7:00 p.m., session of the Council on the request of ManorCare Health Services, Inc., and Roanoke Lodge No. 197, Benevolent and Protective Order of Elks of the United States of America, that a tract of land containing 3.628-acres, more or less, located at 1147 Persinger Road, S. W., being a portion of Official Tax No. 1260214, be rezoned from RS-3, Residential Single Family District, to RM-2, Residential Multifamily, Medium Density District, subject to certain conditions proffered by the petitioners. He advised that Mary Ellen Goodlatte, Attorney, representing the petitioners, has requested that the matter be continued until the regular meeting of Council on Monday, December 15, 1997, at 7:00 p.m., in the City Council Chamber. ,.' Mr. Parrott moved that the public hearing on the abovedescribed request for rezoning be continued until the regular meeting of Council on Monday, December 15, 1997, at 7:00 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 unanimously adopted. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: GRANTS-BUSINESS INCUBATORS-ECONOMIC DEVELOPMENT: The City Manager submittqd a written report advising that the Roanoke Regional Chamber of Commerce requested funding assistance for the Small Business Incubator (Incubator) in response to the Community Development Block Grant (CDBG) request for proposals issued by the City in January 1995; an Incubator is a building which rents space and offers shared services to reduce the financial burdens on, and increase the potential for success of, start-up end developing businesses; Council originally authorized 562 ACTION: $60,000.00 in CDBG funding for the Incubator as part of the Consolidated Plan approved for submission to the U. S. Department of Housing and Urban Development on May 8, 1995, pursuant to Resolution No. 32476-050895; and Amendment No. 1 to the Agreement between the City and the Roanoke Regional Chamber of Commerce provided $30,000.00 additional Community Development Block Grant funding and redesignated the Blue Ridge Small Business Development Center, Inc., as the Subgrantee. It was further advised that Council authorized $45,000.00 in additional CDBG funding for the Small Business Incubator as part of the 1997198 Annual Update to the Consolidated Plan approved for submission to the U. S. Department of Housing and Urban Development on May 12, 1997, pursuant to Resolution No. 33402- 051297; and an amendment to the existing agreement is needed to extend the period of the agreement and to add the additional $45,000.00 funding. The City Manager recommended that he, or the Assistant City Manager, be authorized to execute Amendment No. 2 to the Community Development Block Grant Subgrant Agreement with the Blue Ridge Small Business Development Center, Inc., said agreement to be approved as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33648-111797) A RESOLUTION authorizing execution of Amendment No. 2 to a Subgrant Agreement between the City and the Blue Ridge Small Business Development Center, Inc., for a Small Business Incubator, dated November 1, 1995, for funding of the Small Business Incubator program. (For full text of Resolution, see Resolution Book No. 60, page 263.) Mr. Trout moved the adoption of Resolution No. 33648-111797. The motion was seconded by Mr. Harris and adopted by the following vote: 563 ACTION: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ..................................................................... 0. EMERGENCY SERVICES-EQUIPMENT-CMERP: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need to replace two ambulances used in Emergency Medical Services; and bid specifications were developed and one bid was received from Wheel Coach Industries, Inc., which meets all required specifications, at a cost of $60,881.00 per unit. The City Manager recommended that Council authorize the purchase of two new ambulances from Wheel Coach Industries, Inc., at a total cost of $121,762.00. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33649-111797) A RESOLUTION accepting the bid of Wheel Coach Industries, Inc., for the purchase of two new ambulances, upon certain terms and conditions; and rejecting all other bids made for such items. (For full text of Resolution, see Resolution Book No. 60, page 263.) Mr. Trout moved the adoption of Resolution No. 33649-111797. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ..................................................................... 0. BUDGET-POLICE DEPARTMENT-TRAFFIC-GRANTS- TRANSPORTATION SAFETY: The City Manager submitted a written report advising that the State Transportation Safety Board awards State grants to districts throughout Virginia for the enhancement of selective DUI enforcement efforts, and the Board awarded $10,000.00 564 ACTION: to the City of Roanoke during fiscal year 1996-97 to be used for this purpose; application for a grant to be renewed for the City is based on the necessity to continue to raise DUI arrests to a level that will positively impact the total number of alcohol-related crashes and fatalities; and on October 1, 1997, the State Transportation Safety Board approved the City's application for grant continuation from October 1, 1997 to September 30, 1998, in the amount of $10,000.00. The City Manager recommended that Council concur in the following actions: Accept the grant from the State Transportation Safety Board and authorize the City Manager to execute, on behalf of the City, any grant agreement or other documentation required by the State Transportation Safety Board; and Al~i~ropriate $10,000.00 of selective DUI enforcement grant funds to revenue and expenditure accounts to be established by the Director of Finance in the Grant Fund. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33650-111797) AN ORDINANCE to amend and reordain'certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 264.) Mr. Trout moved the adoption of Ordinance No. 33650-111797. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White ano Mayor Bowers .............................................................. 7. NAYS: None ..................................................................... 0. Mr. Trout offered the following resolution: 565 (#33651-111797) A RESOLUTION accepting a certain Driving Under the Influence Enforcement Grant offer made to the City by the Commonwealth of Virginia's Transportation Safety Board and authorizing execution of any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 60, page 265.) ACTION: Mr. Trout moved the adoption of Resolution No. 33651-111797. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ..................................................................... 0. BONDS/BOND ISSUES-CAPITAL IMPROVEMENTS PROGRAM- SCHOOLS: The City Manager and the Director of Finance submitted a joint written report advising that the citizens of Roanoke approved the $39,030,000.00 General Obligation Public Improvement Bond Issue on November 4, 1997; and on May 5, 1997, Council adopted a resolution authorizing the Director of Finance and the City Manager to execute a refunding bond issue for a portion of the 1988, 1992A and 1992B General Obligation Bonds not to exceed $50 million, a true interest cost not to exceed eight per cent or redemption premium not to exceed three per cent. It was further advised that the present tax-exempt interest rates would provide the City approximately $1,580,000.00 interest cost savings over the remaining life of the 1988, 1992A and 1992B outstanding General Obligation Bonds if they were refunded; in order to provide bond funds to initiate some of the capital projects approved in the recent referendum, it would be cost beneficial to include that portion of the new bond issue with the refunding bond issue; whereupon, the City Manager and Director of Finance recommended that $13,010,000.00 of the $39,030,000.00 bond issue be issued in the following categories: 566 Bridges Buildings Economic Development Parks Schools Storm Drains Streets and Sidewalks Total $ 750,000.00 4,000,000.00 1,000,000.00 1,000,000.00 4,541,000.00 1,000,000.00 719,000.00 $13.010.000.00 The City Manager and the Director of Finance explained that a request for public bids is planned on approximately $42,500,000.00 of refunding bonds and $13,010,000.00 of the new issue, for a total bond issue of approximately $55,010,000.00 on December 17, 1997; it is proposed that the City use the same procedure that was used in obtaining bids on the 1996 bond issue; using that procedure, bids will be delivered to Craigie's Richmond office and Craigie, with oversight of certain City representatives, would open and compute the overall interest rate on the bids for purchase of the bonds; Craigie would then review the bids with City representatives and recommend acceptance of the lowest bid; and City representatives would accept the lowest bid with a follow-up communication to Council summarizing the bids and acceptance of the bid with the lowest interest amount. The City Manager and the Director of Finance recommended that Council adopt an ordinance authorizing the issuance of $13,010,000.00 of the new General Obligation Bonds and authorizing the City Manager and the Director of Finance to award the winning bid and to affix the interest rates to be borne by the bonds. The City Attorney submitted a written report transmitting an ordinance authorizing the issuance and sale of $13,010,000.00 of the bonds approved by the voters at the referendum which was held on Tuesday, November 4, 1997, to be designated as, "City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1997A", to be sold together with the not to exceed $50 million principal amount of refunding bonds authorized for issuance pursuant to Resolution No. 33373-050597, adopted May 5, 1997, such refunding bonds to be designated as, "City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds, Series 1997B. (For full text, see reports on file in the City Clerk's Office.) · 567 ACTION: Mr. Trout offered the following emergency ordinance: (#33652-111797) AN ORDINANCE authorizing the sale of thirteen million ten thousand dollars ($13,010,000) principal amount of City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1997A, and not to exceed fifty million dollars ($50,000,000) principal amount of City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1997B, as part of a combined issue of not to exceed sixty-three million ten thousand dollars ($63,010,000) aggregate principal amount of general obligation bonds of the City of Roanoke, Virginia; fixing the form, denomination and certain other details of such bonds and delegating to the City Manager and the Director of Finance certain powers with respect thereto; authorizing the preparation of a preliminary official statement and an official statement and the distribution thereof; authorizing such City to execute and deliver a continuing disclosure certificate of such City relating to such bonds; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 266.) Mr. Trout moved the adoption of Ordinance No. 33652-111797. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ........................................... ~ ......................... 0. DIRECTOR OF FINANCE: AUDITS/FINANCIAL REPORTS-PENSIONS: A report of the Director of Finance transmitting the audited fiscal year 1997 Comprehensive Annual Financial Report for the City of Roanoke, was before Council. It was advised that the unaudited General Fund Capital Maintenance and Equipment Replacement Program (CMERP) which was reported on August 4, 1997, remains unchanged; and the audited balance was allocated between the City and School administrations, in the amounts of $4,253,789.00 and $1,877,074.00, respectively, to provide capital equipment and maintenance funding. 568 ACTION: (For full text, see report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the report would be received and filed. BUDGET-TRAFFIC-BONDS/BOND ISSUES-STATE HIGHWAYS- VALLEY VIEW MALL-SCHOOLS: The Director of Finance submitted a written report advising that on July 21, 1997, Council authorized the City Manager to execute an agreement with the Roanoke City School Board related to properties needed for road construction at Valley View Mall; in order to certify funds available for the contract, the City elected to appropriate unencumbered economic development funds; the November 4, 1997 bond referendum included under the School category $1,350,000.00 for Huff Lane School improvements; and funding for this project should be adjusted to reflect the proper source. It was explained that Internal Revenue Service regulations require that the City adopt a resolution indicating its intent to reimburse itself the amount of $1,350,000.00 upon issuance of the 1998 bonds. The Director of Finance recommended that Council approve the following actions: Deappropriate funding by $1.35 million in the Capital Projects Fund Account No. 008-060-6089-9003, Huff Lane School Improvements; Appropriate 1998 General Obligation Public Improvement Bonds, in the amount of $1.35 million from the Capital Projects Fund Account No. 008-052-9706-9182, Public Improvement Bonds - Series 1998 - Schools, to the Capital Projects Fund Account No. 008-060-6089-9001, Huff Lane School Improvements; and Acl~pt a resolution indicating the City's intent to reimburse itself $1.35 million upon issuance of the 1998 bonds. (For full text, see report on file in the City Clerk's Office.) ACTION' Mr. Trout offered the following emergency budget ordinance: (#33553-111797) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. SO, page 279.) Mr. Trout moved the adoption of Ordinance No. 33653-111797. The motion was seconded by Mr. Swain and adopted by the following vote: 569 ACTION: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ................................................................. ~---0. Mr. Trout offered the following resolution:. (#33654-111797) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of a tax exempt financing for certain expenditures to be made in connection with the construction, renovation and/or equipping of certain capital improvements. (For full text of Resolution, see Resolution Book No. 60, page 281.) Mr.' Trout moved the adoption of Resolution No. 33654-111797. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ..................................................................... 0. REPORTS OF COMMITTEES: BUDGET-FIRE DEPARTMENT-CITY EMPLOYEES-PENSIONS: F. Wiley Hubbell, Chairperson, and James D. Grisso, Secretary- Treasurer, Board of Trustees, City of Roanoke Pension Plan, 57O submitted a joint written report advising that on August 4, 1997, Council referred to the Board of Trustees of the City of Roanoke Pension Plan a request to review pension benefits for members of the Pension ~lan, viz: Increase the multiplier rate from the present 2.0 per cent to 2.3 per cent for all employees over the next three years with a maximum of 70 per cent of final average salary; Change spousal options - unreduced 50 per cent survivor annuity to all City employees; and Reduction of normal retirement to 25 years of service for public safety employees and 30 years for general employees regardless of age with no penalty. The Board of Trustees recommended that Council refer the following recommendations to fiscal year 1998-99 budget study for consideration with other budget priorities of the City: Ca;culate the basic benefit by applying the Rule of 70 for public safety employees with a minimum age of 45, and the Rule of 80 for general employees with a minimum age of 50; Pay a monthly supplement (in an amount equal to that which the City supplements active employees' health insurance) to each future City retiree under the age of 65, with at least 20 years of service, to help defray the cost of health insurance, the benefit would cease upon retiree attaining age 65; and A period of time of one month to be available for members of the Employees' Retirement System to have the opportunity to transfer to the Employees' Supplemental Retirement System (May 15 - June 15, 1998). (For full t=.xt, see report on file in the City Clerk's Office.) 571 ACTION: Mr. Trout moved that the report be referred to 1998-99 budget study for consideration by Council. The motion was seconded by Mr. White. F. Wiley Hubbell, Chair, City of Roanoke Pension Plan, spoke in support of the recommendations contained in the report. He advised that the City's retirement fund is in sound financial condition. Richard B. Sarver, representing the Roanoke Fireflghters Association, addressed Recommendation No. 1, viz: Calculate the basic benefit by applying the Rule of 70 for public safety employees with a minimum age of 45, and the Rule of 80 for general employees with a minimum age of 50. He stated that the rule of 70 for public safety employees would benefit only those employees hired between the ages of 21 - 25 and the majority of fire personnel are hired after age 25. In regard to middle and upper management, he stated that these employees usually make career changes at age 30, and, at age 55, they have attained 25 years of service and are required to take a reduction of 30 per cent of their retirement benefits in order to retire, and submitted that the rule of 70 and 80 will benefit these employees considerably more than public safety employees; however, he stressed the point that the Roanoke Fireflghters Association is not against any recommendation that will hell~.any City employee. He advised that the Roanoke Firefighters Association supports Recommendation No. 2 regarding the payment of a monthly supplement for all retirees equal to a City supplement for active employees to defray the cost of health insurance until age 65. He addressed the spousal option and requested that Council adopt a measure revising the actuarial table used to calculate the reduction factor for electing a spousal benefit and instead of a nine per cent reduction for no age difference, approve a five per cent reduction for up to five years age difference. Vice-Mayor Wyatt referred to the school early retirement supplement which allows school employee to retire at age 50, or greater, so long as the employee has 17 years of service in the Virginia Supplemental Retirement System, and, in exchange, the employee receives 20 per cent of his or her annual salary for a period of five years for performing some type of work as designated by the school system for 20 days per year. She requested that the City study the feasibility of adopting such a program for City employees. 572 The motion was unanimously adopted. COUNCIL-LEGISLATION-SCHOOLS: Council Member William White, Sr., Chair, Legislative Committee, presented a written report on behalf of the Committee, advising that by report dated November 3, 1997, the Legislative Committee recommended the City portion of the proposed Legislative Program to Council, and, by motion, Council approved the City portion of the Program; the School Board portion was approved by the Roanoke City School Board at its meeting on November 11, 1997; and the legislative priorities of the School Board for the 1998 Session of the Virginia General Assembly are as follows: To improve the State's share of funding public education; To address inconsistencies in the State Board of Education's new Standards of Learning and Standards of Accreditation that penalize schools and children; To require the State Department of Taxation to properly record a Iocality's reported personal adjusted gross income; To maintain flexibility in the local taxes that may be assessed by Virginia localities in accordance with their fiscal needs; and To enhance funding of school capital outlay projects. The Legislative Committee recommended that Council adopt a resolution by which Council would formally endorse the City and School Board elements which will be merged into one joint Legislative Program. It was noted that the annual meeting with the City's representatives to the 1998 Virginia General Assembly has been scheduled for 12:00 noon on Monday, December 15, 1997; and the proposed Legislative Program includes the amendment requested by Council on November 3, 1997, with regard to the disposal of tires. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#33655-111797) A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 1998 Session of the General Assembly. (For full text of Resolution, see Resolution Book No. 60, page 282.) ACTION: Mr. White moved the adoption of Resolution No. 33655-111797. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ......................................... ~-. ......................... 0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CITY CODE-ANIMALS/INSECTS-LICENSES: Ordinance No. 33640 amending and reordaining §6-40, ReQuired, of the Code of the City of Roanoke (1979), as amended, to require licensing of dogs which are four months old or older and amending and reordaining subsection (a) of §6-62, Vaccination of do~js and cats, of the Code of the City of Roanoke (1979), as amended, to require rabies vaccinations of any dog or cat which is four months old or older, having previously been before the Council for its first reading on Monday, November 3, 1997, 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: (#33640-111797) AN ORDINANCE amending and reordaining §6-40, Required, of the Code of the City of Roanoke (1979), as amended, to require licensing of dogs which are four months old or older and amending and reordaining subsection (a) of §6-62, Vaccination of docjs and cats, of the Code of the City of Roanoke (1979), as amended, to require rabies vaccinations of any dog or cat which is four months old or older. (For full text of Ordinance, see Ordinance Book No. 60, page 257.) 573 574 ACTION: Mr. Trout moved the adoption of Ordinance No. 33640-111797. The motion was seconded by Mr. Parrott and adopted by the following vote: ACTION: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers. ----7. NAYS: None ..................................................................... 0. EASEMENTS-HOUSING/AUTHORITY-UTILITIES-WATER RESOURCES: Ordinance No. 33643 authorizing the abandonment of the City's interest in a 15-foot wide public utility easement located on a lot at the northwest corner of Church Avenue and Williamson Road, S. E., and bearing Official Tax No. 4011413, owned by the Roanoke Redevelopment and Housing Authority, to enable the property owners to utilize this portion of their real estate, upon certain terms and conditions, and as more particularly set forth in a report dated November 3, 1997, from the Water Resources Committee, having previously been before the Council for its first reading on Monday, November 3, 1997, 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: (#33643-111797) AN ORDINANCE authorizing the abandonment of a ceftin 15' wide public utility easement located on property owned by the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 258.) Mr. Trout moved the adoption of Ordinance No. 33643-111797. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and' Mayor Bowers ............................................................ 7. NAYS: None ..................................................................... 0. ACTS OF ACKNOWLEDGEMENT-DECEASED PERSONS- SCHOOLS: Mr. Swain offered the following resolution memorializing the late William R. Hackley, Sr., who served the Roanoke City School System for over 30 years: (#33656-111797) A RESOLUTION memorializing the late William R. Hackley, Sr. (For full text of Resolution, see Resolution Book No. 60, page 283.) ACTION: Mr. Swain moved the adoption of Resolution No. 33656-111797. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ..................................................................... O. ACTS OF ACKNOWLEDGEMENT-DECEASED PERSONS- SCHOOLS: Mr. Swain offered the following resolution memorializing the late Andrew W. Hull, a teacher, band director, and school administrator in the Roanoke City School System: (#33657-111797) A RESOLUTION mer~erializing the late Andrew W. Hull. (For full text of Resolution, see Resolution Book No. 60, page 284.) ACTION: Mr. Swain moved the adoption of Resolution No. 33657-111797. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ..................................................................... 0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: 575 576 BUDGET-COUNCIL-VISION STATEMENT: The City Clerk was instructed to confer with the Members of Council regarding tentative meeting dates in January and/or February for a status report on the Council's visioning/team building process, financial planning, and Council technology enhancements. COMMITTEES-COMMUNITY PLANNING: Council Member Swain applauded efforts of the City Manager to organize a committee to address core community problems. He advised that the term "core community" should be defined in more detail, and inquired as to how average citizens who live in the core communities may provide their input. REFUSE COLLECTION-HOUSING/AUTHORITY-COMMUNITY PLANNING: Council Member Swain referred to areas in the City that are in need of refuse removal, removal of junk cars, and removal of dilapidated structures, and advised that he would provide the City Manager with specific information/locations following the Council meeting. PURCHASE/SALE OF PROPERTY-COMPLAINTS: Council Member Swain referred to a recent newspaper article in regard to acquisition of property in the Southern Hills neighborhood by a private developer in which it was quoted that the developer paid the best price he could for minority properties. He stated that the comment indicates that there might be a double standard in dealing with citizens in the City of Roanoke. BONDS/BOND ISSUES-ACTS OF ACKNOWLEDGEMENT: Council Member Harris requested that the City Attorney be instructed to prepare the proper measure expressing appreciation to the Roanoke Regional Chamber of Commerce and the Roanoke Central Council P.T.A., and any other appropriate organizations for their work in promoting the successful $39 million bond referendum which was approved by the voters of the City of Roanoke on Tuesday, November 4, 1997. ZONING: Council Member Harris advised that on Monday, September 22, 1997, Council tabled a request of Mr. Bobby Lee Willis that a certain tract of land located at 1102 Centre Avenue, N. W., Official Tax No. 2112311, be rezoned from LM, Light Manufacturing District, to RS-3, Residential Single Family District, in order to resolve certain issues; whereupon, Mr. Harris moved that the matter be taken from the table for continuation of the public hearing at the regular meeting of Council to be held on Monday, December 15, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard. The motion was seconded by Mr. Swain and unanimously adopted. COMMITTEES-COMMUNITY PLANNING: Council MemberWhite advised that due to personal reasons, The Reverend Cedric Malone who was appointed by Council on Monday, September 22, 1997, to serve on the City Planning Commission will be unable to fulfill his responsibilities, and inquired as to the procedure to declare the position vacant. It was the consensus of Council that the City Clerk will request a written resignation from Reverend Malone and that the vacancy will be assigned to Council Member White to recommend a replacement. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 5:20 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Monday, November 17, 1997, 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 Linda F. Wyatt, C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., and Mayor David A. Bowers ......................................................... 7. ABSENT: None .................................................................. 0. OFFICERS PRESENT: W. Robert Herbert, City Manager; William X Parsons, Assistant 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. 577 578 The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PUBLIC HEARINGS: ZONING: Council at its regular meeting on Wednesday, October 22, 1997, having continued a public hearing on the request of Elizabeth W. McMichael and Daniel Lee Beamer for an amendment to proffered conditions presently binding on property located at 2219 Franklin Road, S. W., described as Official Tax No. 1150108 and a portion of Official Tax No. 1150111, previously conditionally rezoned pursuant to Ordinance No. 32574-072495, adopted on July 24, 1995, the matter was again before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Saturday, November 1, 1997, and Saturday, November 8, 1997, and in the Roanoke Tribune on Thursday, November 6, 1997. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the property was the subject of a conditional rezoriing request approved by Council on July 10, 1995; the property was rezoned from LM, Light Manufacturing District, to C-2, General Commercial District; the purpose of the previous rezoning request was to place the subject properti¢.? into a zoning classification that would permit the continued use of the structure as a retail store; the petitioner agreed to proffer that an existing nonconforming billboard located on the property to be rezoned would be removed within two years if the requested rezoning was approved; and the billboard was acquired by Lamar Advertising in December 1995, and Lamar Advertising was aware of the existing proffer when the outdoor advertising structure was acquired, was before Council. It was further advised that the current petition to amend proffered conditions was filed on July 21, 1997; and the petitioner seeks to eliminate the existing proffered condition requiring the existing nonconforming billboard to be removed within two years (by July 10, 1997) and to substitute the following proffer: 579 ACTION: "The nonconforming billboard to remain under the following conditions: The current size of the billboard will be reduced from 12'6"x 42' to 11' x 24' per side. The height of the billboard will be reduced from 46'9" to 35'. The billboard will be no closer to the road. The new structure will be a monopole." The City Planning Commission recommended denial of the request to amend the proffered conditions, advising that the existing nonconforming billboard was to be removed within two years if the rezoning was approved; the new owners were aware of the proffered condition when they acquired the outdoor advertising structure in 1995; and removal of the existing nonconforming sign structure would enhance the character of the neighborhood and the 1-581/Roy L. Webber Expressway corridor. (For full text, see report on file in the City Clerk's Office.) Mr. Swain moved that the following ordinance be placed upon its first reading: "AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 115, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned CN, Neighborhood Commercial District." The motion was seconded by Mr. Parrott. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. Steven L. Higgs, Attorney, representing the petitioners, advised that a compromise is requested that will allow the existing billboard which is located over the Soccer Stop property at 2219 Franklin Road, S. W., to continue to exist, which property was rezoned in 1995 from 58O Light Manufacturing District to General Commercial District. He stated that in 1995, the rezoning petition was first proffered without any conditions; at the public hearing before the City Planning Commission, certain concerns were expressed by members of the Planning Commission and the public regarding the billboard and site improvements to make the property more aesthetically pleasing; following the public hearing, the petitioners amended the petition for rezoning and added a proffer at the suggestion of the City Planning Department that the billboard would be removed within two years; and in July 1995, Council approved the rezoning. He explained that in December 1995, Lamar Advertising purchased the billboard from another outdoor sign company; Soccer Stop, Inc., has successfully operated its business from this location; Soccer Stop has substantially improved the property, but has been unable to complete all of the proffered landscaping; and Soccer Stop relies on the income from the billboard over its property. He stated that the petitioners wish to amend the proffered conditions to rezoning so as to reach a compromise that will allow the existing billboard to remain in a different -.~orm; whereupon, he presented renderings of the existing billboard and the proposed billboard. He explained that the height of the billboard would be reduced by approximately 25 per cent, or 35 feet, overall square footage would be reduced by one-half, and the new structure would be a monopole, with all new construction to current standards to improve the attractiveness of the property. He advised that benefits to the City will include: reducing the non- conformance of the existing sign, increasing the quality and attractiveness of the sign, and erecting the billboard below eye level, therefor, it.would not be visible from the 1-$811Roy L. Webber Expressway corridor. In conclusion, he stated that approval of the request would allow Soccer Stop, Inc., to complete its planned landscaping and continue to receive the benefit of the rental payments from Lamar Advertising. Mr. Peter W. White, 2615 Rosalind Avenue, S. W., President, Neighbors in South Roanoke, advised that the petitioners are proposing to turn a one-sided billboard into a two-sided structure (monopole). He stated that he did not know of any location in the City of Roanoke, or the City of Salem, or the Town of Vinton, or Roanoke County where there are more billboards in any quarter mile stretch of roadway than there is in the area from Broadway to McClanahan Street. He requested that Council deny the intrusion of more billboards on Franklin Road. ACTION: Dr. Price H. Hurst, Jr., 5216 Flintlock Road, S. W., advised that his property is contiguous to the billboard in question. He stated that there are numerous billboards from Wonju Street to the traffic light at the underpass on Franklin Road, and 16 billboards exist in a one block radius, each containing the Lamar Advertising logo. He questioned whether it will be detrimental to Lamar Advertising if this billboard is removed. Mr. Matt D. Cooper, II, 1410 Main Street, S. W., advised that he owns property adjoining the billboard, and concurred in the remarks of Dr. Hurst. He stated that it was his understanding that the City planned to curtail the growth of new signs and signs in general, and added that the existing billboard is an eyesore to the community. There being no further speakers, the ordinance was defeated by the following vote: AYES: Council Member Parrott and Mayor Bowers .............. 2. NAYS: Council Members Wyatt, Harris, Swain, Trout, and White ................................................................................. 5. ZONING: The Mayor called attention to a public hearing which was previously advertised for the 7:00 p.m., session of the Council on the request of ManorCare Health Services, Inc., and Roanoke Lodge No. 197, Benevolent and Protective Order of Elks of the United States of America, that a tract of land containing 3.628-acres, more or less, located at 1147 Persinger Road, S. W., being a portion of Official Tax No. 1260214, be rezoned from RS-3, Residential Single Family District, to RM-2, Residential Multifamily, Medium Density District, subject to certain conditions proffered by the petitioners. He advised that Mary Ellen Goodlatte, Attorney, representing the petitioners, has requested that the ~atter be continued until the regular meeting of Council on Monday, December 15, 1997, at 7:00 p.m., in the City Council Chamber. Mr. Parrott moved that the public hearing on the abovedescribed request for rezoning be continued until the regular meeting of Council on Monday, December 15, 1997, at 7:00 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 unanimously adopted. 581 582 ACTION: TRAFFIC-ZONING-SIDEWALK/CURB AND GUTTER: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, November 17, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Home Depot, U.S.A., Inc., that 32.68 acres of land, more or less, identified as Official Tax Nos. 6440117 - 6440119, inclusive, be rezoned from RM-2, Residential Multi-family, Medium Density District, RS-3, Residential Single-family District, and C-2, General Commercial District, respectively, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Saturday, November 1, 1997, and Saturday, November 8, 1997, and in the Roanoke Tribune on Thursday, November 6, 1997. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to provide for the construction of a retail shopping center to include a 107,500 square foot Home Depot with a 22,560 square foot garden center, a 50,000 square foot retail facility; a 24,000 square foot retail facility; and the proffered site plan shows a 0.98 acre out parcel and a 4.73 acre tract of land identified as "Future Development", was before Council. The City Planning Commission recommended that Council approve fhe request for rezoning, advising that the development plan is a proffered condition of the rezoning, and issues relating to storm water management, traffic, land uses on Ferncliff Avenue, N. W., and pedestrian improvements have been addressed through additional conditions of the rezoning. (For full text, see report on file in the City Clerk's Office.) Edward A. Natt, Attorney, appeared before Council in support of the request of his client. Mr. Trout moved that the following ordinance be placed upon its first reading: ,! (#33658) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 644, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 60, page 285.) The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning, at which time no citizen requested to be heard. Mr. White advised that Cove Road is a narrow roadway with considerable pedestrian traffic, primarily children. He stated that even if Home Depot constructs a sidewalk to the left of their property, a safety hazard will exist due to increased traffic on Cove Road, therefore, he spoke in support of installing sidewalks down to Peters Creek Road. He inquired as to the City's plans for sidewalks from Cove Road to Peters Creek Road, N. W. The City Manager advised that $3.0 million was included in the bond referendum for curb, gutter and sidewalk improvements in the City, and since Council has raised this particular issue, he would like to review the matter and report to Council within 30 days. Mr. Swain called attention to increased traffic on Cove Road from Hershberger Road toward Lafayette Boulevard, N. W., and advised that certain streets that intersect with Cove Road are also congested, which cause motorists to wait for extended periods of time to cross the intersections. He also expressed concern with regard to pedestrian traffic, primarily children walking to and from William Ruffner Middle School, and asked that that portion of Cove Road be included in the City Manager's report. Vice-Mayor Wyatt advised that the traffic volume is such in the area that children who live within 100 feet of a school building are now required to ride buses to school. She requested that the City Manager study the feasibility of installing "walk/don't walk" signs at high-traffic intersections. 583 584 Ordinance No. 33658 was adopted, on its first reading, by the followin~ 'rote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ..................................................................... 0. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, November 17, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Home Depot, U.S.A., Inc., for amendment of the proffered conditions for rezoning of a tract of land containing 13.261 acres, more or less, located on the north side of Hershberger Road, N. W., identified as Official Tax Nos. 6450101, 6450118 and 6450117 (formerly 6450101 and 6450102), which property was previously rezoned by Council, pursuant to Ordinance No. 25204, adopted on July 28, 1980, from RG-1, General Residential District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, the matter wa~ before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Saturday, November 1, 1997, and Saturday, November 8, 1997, and in the Roanoke Tribune on Thursday, November 6, 1997. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the subject properties were rezoned in 1980 for the purpose of commercial development; with the exception 'of construction of Hardees and Hershberger Park Circle, no other development has occurred; Home Depot, Inc., has a contract to purchase several properties, including the abovedescribed parcels; a petition was filed in July 1997 to rezone adjoining properties for a proposed commercial development (Official Tax Nos. 6440117, 6440118, and 6440119) and is currently being considered with this amendment request; and the petitioners are requesting that the conditions be amended to reflect the same conditions proffered as part of the rezoning request, was before Council. ,! ACTION: The City Planning Commission recommended that Council approve the request to amend conditions on th~properties to reflect those conditions on the adjacent properties requested for rezoning by Home Depot, Inc. (For full text, see report on file in the City Clerk's Office.) Edward A. Naif, Attorney, appeared before Council in support of the request of his client. Mr. Trout moved that the following ordinance be placed upon its first reading: (#33659) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 645, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned C-2, General Commercial District. (For full text of Ordinance, see Ordinance Book No. 60, page 287.) The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the request, at which time no citizen requested to be heard. Ordinance No. 33659 was adopted, on its first reading, by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ..................................................................... 0. OTHER HEARING OF CITIZENS: CITY PROPERTY-SCHOOLS-ARMORY/STADIUM-ROANOKE CIVIC CENTER: Mr. Jeff Artis, 727 Highland Avenue, S. E., requested that Council investigate the following school related matters: 585 586 Revise the policy of requiring Roanoke City Schools to pay rent for use of Victory Stadium and the Roanoke Civic Center for sporting events; Revise the policy regarding the manner in which concessions are handled at Victory Stadium and the Roanoke Civic Center to allow the Roanoke City Schools to operate concession stands at William Fleming and Patrick Henry High School basketball games and that the revenue be used to decrease the athletic deficit of the school system; A commitment from City Council to assist the Roanoke City Schools to increase revenues by either constructing or renovating a sports facility which will include a football complex comparable to that at Salem High School and an eight lane track facility, which will allow sports programs to become self-sufficient. Vice-Mayor Wyatt requested that the City Manager review the policy whereby the School system and the City impose rental fees on each other for use of City and School facilities. Without objection by Council, the Mayor advised that the remarks of Mr. Artis would be referred to the City Manager for report to Council within thirty days and that the Roanoke City School Board be requested to address the matter at a joint meeting of Council and the School Board on Monday, December 15, 1997, at 12:00 noon. There being no further business, the Mayor declared the meeting adjourned at 7:55 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-!145 February 18, 1998 File #110-488 SANDRA H. EAKIN Deputy City Clerk William E. Skeen, Chair Roanoke Neighborhood Partnership Steering Committee 1938 Avon Road, S. W. Roanoke, Virginia 24015 Dear Mr. Skeen: This is to advise you that on February 12, 1998, Martin D. Jeffrey qualified as a member of the Roanoke Neighborhood Partnership Steering COmmittee for a term ending November 30, 2000. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Elizabeth A. Watson, Secretary, Roanoke Neighborhood Partnership Steering Committee Sandra H. Eakin, Deputy City Clerk H:~,GENDAg~FEB17.WPD RECEI~E~ CITY C~- '98 FEB 12 /~11:59 III Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Martin D. Jeffrey, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Neighborhood Partnership Steeling Committee for a term 2000, according to the_/~est of my ability. So help m~-God. Subscribed and sworn to before me this/2_, day of /c"-a/'J 1998. ARTHUR B. CRUSH, III, CLERK , IB~IM~TY CLERK H:~AOENDA.O'~DOWE.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 February 20, 1998 File #11-293 SANDRA H. EAKIN Deputy City Clerk David L. Kjolhede, Executive Director The Roanoke Valley Convention & Visitors Bureau 114 Market Street Roanoke, Virginia 24011-1402 Dear Mr. Kjolhede: The Annual Report of The Roanoke Valley Convention & Visitors Bureau was before the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 17, 1998. On motion, duly seconded and adopted, the Annual Report was received and filed. Council Member Carroll E. Swain requested that you provide a report on the number of minority staff positions on The Roanoke Valley Convention & Visitors Bureau. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io pc: W. Robert Herbert, City Manager H:~,G~171 .Vi/PO Valley ~ntion & Visitors Bureau RECEI',¢E[; ~.:IT Y (':L" ..... '98 FEB-3 /~10:57 February 2, 1998 Ms. Mary Parker City Clerk City of Roanoke 215 Church Avenue SW Roanoke, VA 24011 Dear Mary: I am writing to request a brief time, approximately 5 minutes, on the February 17, 1998 City Council Agenda, to present the Roanoke Valley Convention and Visitors Bureau annual report. My purpose is to bring the Council up to date on the activities of the Roanoke Valley Convention and Visitors Bureau over the past fiscal year. Thank you for your consideration in this matter. Sincerely, David L. Kjolhede Executive Director DLK/hs "Capital of the Blue Ridge" Marketplace Center 114 Market Street, Roanoke, VA 24011-1402 (540) 342-6025 · Fax: (540) 342-7119 Roar~kD Valley Convention & V~itors Bureau 1996 - 1997 Annual Review Convention Sales Review Leads Generated Conventions Booked Total Room Nights Booked Total Convention Attendees Estimated Direct Spending 1995/1996 57 22 32,063 57,975 $14~783,385 * Includes Bureau booking only - Based on an average of $112.50 per day. 1996/1997 60 26 31,986 52,810 $12~782,005 Conventions Hosted Review Conventions Hosted Estimated Direct Spending 1995/199699 I 1996/1997 83 $24,431 ~769 $16,493~838 * Includes Bureau bookings and groups serviced only- Based on $155.00 per day or $112.50 per day on sports and religious groups. Motorcoach Sales Review Leads Generated Total Room Nights Booked Overnight Trips Booked Day Trips Booked Estimated Direct Sp,ending 1995/1996 146 2,425 77 26 $246t'707 * 1995/1996 Based on $74.00 per overnight trips and $36.50 per day trips. 1996/1997 Based on $159.54 per overnight trips or $58.00 per day trips. 1996/1997 128 733 28 29 $279~511 Tourism Statistics Visitor Information Center Attendance Hospitality Training Attendees AAA & Travel Agents Mailings AAA & Travel Agents On-Site Visits Travel Writers Assisted Travel Writers On-Site Visits 1995/1996 41,726 373 572 64 29 17 1996/1997 39,463 154 481 14 58 15 Advertising & Editorial Advertising Placement Budget Free Advertisin$ & Editorial 1995/1996 $107,099 $785r284' *Aa additional $1.6 Million on NBC Today Show Spots and $4.5 Million on QVC. 1996/1997 $98,599 $617r590 Inquiries Reader Response Labels Written & Telephone SVTA Co-op Convention TOTn~ mQUnUES 1995/1996 17,560 5,580 15,181 88 38~409 1996/1997 20,963 5,513 17,655 100 44r231 Top 10 Publications VA is for Lovers Travel Guide VA is for Lovers Inserts AAA Tour Book Southern Living Southern Living Vacations Southeast Tourism Society Insert Reader's Digest Blue Ridge Country Vacations Intemet Top 10 States Inquiring Virginia North Carolina New York Florida Pennsylvania New Jersey Ohio California Texas Maryland US 460 Route 24 Mill Mountain US 220 TOTAL Blue Ridge Parkway Count October 1996 26,980 48,141 7,521 49,643 132t285 October 1997 27,635 50,284 9,035 47,627 134~581 , 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 February 20, 1998 File ~40-60 SANDRA H. EAKIN Deputy City Clerk Gilbert E. Butler, Jr., Secretary Roanoke City Electoral Board Room 109, Municipal North 215 Church Avenue, S. W. Roanoke, Virginia 24011 Dear Mr. Butler: Your communication requesting an increase in the compensation for voting machine mechanics was before the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 17, 1998. On motion, duly seconded and adopted, the matter was referred to 1998-99 budget study. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:Io pc: W. Robert Herbert, City Manager James D. Grisso, Director of Finance Louella C. Thaxton, Registrar Barry L. Key, Office of Management & Budget Diane S. Akers, Budget Administrator, Office of Management and Budget H:~M3~t?I.WPO '98 FEB-6 P3:03 Roanoke City Electoral Bosrd Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Secretary February 5, 1998 Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor and Members of Council: This is to request time on City Council agenda on February 17, 1998, that we may request an increase in compensation for the voting machines mechanics who serve the city of Roanoke during each election. It has been two years since their last pay increase. We have five (5) voting machines mechanics. The present rate of pay is: $ 7.00 hourly The Electoral Board requests consideration of the following increase to be effective April 1, 1998: Hourly rate of $ 7.40. d, ., Secretary Roanoke City ~lectoral Board GEB,JR:lct c: W. Robert Herbert, City Manager Wilburn C. Dibling, City Attorney James D. Grisso, Director of Finance Room 109, Municipal North 215 Church Avenue, S. W, Roanoke, Virginia 24011 P. O. Box 1095, Roanoke, Virginia 24005 (703) 981-2281 Fax (703) 224-3025 MARY IV. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 February 18, 1998 SANDRA H. EAKIN Deputy City Clerk File ~60-467 Marsha W. Ellison, Chair Roanoke City School Board 2030 Knollwood Road, S. W. Roanoke, Virginia 24018 Dear Ms. Ellison: I am enclosing copy of Ordinance No. 33713-021798, amending and reordaining certain sections of the 1997-98 Capital Projects Fund Appropriations, providing for appropriation of $841,700.00 for construction costs at Huff Lane Elementary School. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 17, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Enclosure Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 Cindy H. Ramsuer, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 W. Robert Herbert, City Manager James D. Grisso, Director of Finance H:~AG~17.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of February, 1998. No. 33713-021798. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Aooropdations Education $ 27,898,284 Huff Lane School Improvements (1) ............................ 2,191,700 Assets Due from State Literary Fund - Huff Lane (2) ..................... $ 1) Appropriation from Literary Fund 2) Due from State Literary Fund - Huff Lane (008-060-6089-6896-9006) $ 841,700 (008-1323) 841,700 841,700 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. DEPARTMENT OF FINANCE CITY OF ROANOKE. VA. February 17, 1998 RECEIVED (:ITY ""' '"~ "~' ~'~" '98 FEEl 11 P3:16 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance School Board Request for the Appropriation of Literary Funds We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate State Literary Loan Funds in the amount of $841,700 for the construction costs at the Huff Lane Elementary School. We recommend that you concur with this request of the School Board. Director ordinance JDG/ICF/pac Attachments c: Ila Fan-is, Senior Accountant ,~~ ' Marsha W. Ellison, Chairman Charles W. Day . Melinda J. Payne, Vice Chairman F.B. Webster Day Harry F. Davis Sherman P. Lea /,..Roanoke City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 Brian J. Wishneff Dr. E. Wayne Harris, Superintendent Cindy H. Ramsuer, Clerk of the Board · Fax: 540-853-2951 February 6, 1998 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official action at its February 2 meeting, the School Board requests that :$841,700.00 be appropriated for construction costs at the Huff Lane Elementary School. Funding will be provided by a Literary Fund loan. The Board appreciates the approval of this request. Sincerely, Cindy H. Ramsuer, Clerk re cc: Mrs. Marsha W. Ellison Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mr. William L. Murray Mr. W. Robert Herbert ~4r. Wilburn C. Dibling jMr. James D. Grisso · ~lVIrs. Ila Farris (with accounting details) Excellence in Education ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Huff Lane Elementary School Improvements 6089 008-060-6089-6896-0851 Appropriation Unit ZM5 Renovation Costs $ 841,700.00 100.0 % 008-060-6089-6896-9006 Literary Fund Loan $ 841,700.00 100.0 % The above additional appropriation request will provide funding for construction costs at the Huff Lane Elementary School. The request is made to appropriate literary loan funds in addition to bond funds already appropriated by the City of Roanoke in the amount of $1,350,000 and Magnet School funds in the amount of $135,000. January 27,1998 '~~l Marsha W. Ellison, Chairman Melinda J. Payne, Vice Chairman Harry F. Davis /-Roanoke City School Board P.o. Box 13145, Honnoke, Virginin 24031 Charles W. Day Brian J. Wishneff F. B. Webster Day Dr. ,E,. Wayne Harris Superintendent Sherman P. Lea ~.:ITY ~L~ ~' ~.'., ~,~ ~ ~.~uer' Clerk of the Board February 6, 1998 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official action at its February 2 meeting, the School Board requests that $841,700.00 be appropriated for construction costs at the Huff Lane Elementary School. Funding will be provided by a Literary Fund loan. The Board appreciates the approval of this request. Sincerely, Cindy H. Ramsuer, Clerk re cc: Mrs. Marsha W. Ellison Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mr. William L. Murray Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. James D. Grisso Mrs. Ila Farris (with accounting details) Excellence in Education 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 February 18, 1998 File ;~60-72-369-370-373 SANDRA H. EAKIN Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33715-021798, authorizing you to enter into an agreement with First Union National Bank, or its successor in interest, to amend the lease Agreement by and between the City and Signet Bank, predecessor in interest to First Union National Bank, for the lease of 2,656 square feet of additional office and common area space within the former Signet Bank Building located at 110 Church Avenue, S. W., to house the Child Day Care and Pregnant Teen/Teen Parent Programs and staff. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 17, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development Kit B. Kiser, Director, Utilities & Operations Delores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator Ruth D. Clark, Supervisor, Child Day Care & Pregnant Teen/Teen Parent Program H:~AGENDAg~FEB17.Wl=O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1998. No. 33715-021798. AN ORDINANCE authorizing the City Manager to enter into an agreement with First Union National Bank, or its successor in interest, to amend the Lease Agreement by and between the City and Signet Bank, predecessor in interest to First Union National Bank, for the leasing of additional office space within the former Signet Bank Building located at 110 Church Avenue to house the Child Day Care and Pregnant Teen/Teen Parent Programs and staff, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an agreement with First Union National Bank, or its successor in interest, to amend the Lease Agreement by and between the City and Signet Bank, predecessor in interest to First Union National Bank, for the lease of 2,656 square feet of additional office and common area space within the former Signet Bank Building located at 110 Church Avenue, $.W., to house the Child Day Care and Pregnant Teen/Teen Parent Programs and staff; said Lease Amendment shall be for a term commencing when the premises are ready for occupancy, on or around April 1, 1998, and expiring on October 14, 2002. The annual lease rate is $12.50 per square foot of space. Said Lease Amendment shall be upon such other terms and conditions as more particularly described in the report to this Council from the City Manager dated February 17, 1998. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H:\ORD\O-I,A-FUN. IB 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 February 18, 1998 File ~0-72-369-370-373 SANDRA H. EAKIN Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso I am attaching copy of Ordinance No. 33714-021798, amending and reordaining certain sections of the 1997-98 General Fund Appropriations, providing for appropriation of $8,300.00 in connection with the lease of additional office space within the former Signet Bank Building to house the Child Day Care and Pregnant Teen/Teen Parent Programs and staff. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 17, 1998. Sincerely, CMCIAAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Kit B. Kiser, Director, Utilities & Operations Delores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator Ruth D. Clark, Supervisor, Child Day Care & Pregnant Teen/Teen Parent Program H:~AG~I 7.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of February, 1998. No. 33714-021798. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare $ 23,170,780 Income Maintenance (1) .................................. 4,163,906 Social Services (2) ...................................... 6,846,878 1 ) Overtime Wages (001-054-5313-1003) $(8,300) 2) Other Rental (001-054-5314-3075) 8,300 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. REC~IYEB February 17, 1998 '98 FEB 10 (~2u.~il Report No. 98-108 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Lease Amendment No. 1 - Office Space for Child Care/Pregnant Teen/Teen Parent Programs I. Background on the subject in chronological order is as follows: Do Increased space requirements for the Department of Social Services has been brought about by the new program requirements in the Welfare Reform policy. The Child Day Care and Pregnant Teen/Teen Parent Proqram, a unit of Social Services, operates programs focused on keeping pregnant and parenting teens in school, preparing them to be good parents and to become self-supporting. Eleven professionals comprise the total staff of these programs. This includes the Child Day Care staff of five social workers and one homefinder; the Pregnant Teen/Teen Parent staff of one senior social worker and two aides; and one additional aide and one supervisor. Current space is insufficient to house the Child Day Care and Pregnant Teen/Teen Parent Program. II. Current situation is as follows: Ao Social Services has located suitable space on the fourth floor of the former Signet Bank Building, now owned by First Union National Bank, located at 110 Church Avenue, to house the Child Day Care and Pregnant Teen/Teen Parent Programs and staff. The total gross rental space, including common areas, is 2,656 square feet. The net rental space is 2,371 square feet. This space is on the same floor as the space previously leased for the Social Services Employment Services Program and may be obtained through an amendment to the City's existing lease. Lease Amendment No. 1 Child Care/Pregnant Teen/Teen Parent Program Page 2 February 17, 1998 Co Bo The terms of the lease amendment were negotiated as follows: 1. Number of gross Square Feet 2,656 2. Term of Lease Commences when premises ready for occupancy, on or around 4/1/98. Expires 10/14/02 3. Lease Rate $2,766.67 per month 4. Intended Use General office & support space 5. Location Fourth Floor of Signet Bank Building, 110 Church Avenue Routine Maintenance Provided by Lessor under Original Lease Agreement o All other terms and conditions of the Lease Agreement dated September 29, 1997, not modified in Amendment No. 1 remain in full force and effect. The original Lease Agreement required the City to indemnify and hold harmless the Lessor and Sawyer Properties, Inc. from and against any and all liability, damages, and expenses arising from any act or omission of the City, its agents, contractors, employees, invitees, licensees, or visitors, in connection with the leased premises. Proposed Lease Amendment No. I will expire on October 14, 2002. The rate of $2,766.67 per month is equivalent to $12.50 per square foot per year of gross space including utilities and custodial service. This is considered a very competitive price for finished office space. Proposed Lease Amendment No. I between the City and First Union National Bank, or its successor in interest, must be approved by City Council. Lease Amendment No. 1 Child Care/Pregnant Teen/Teen Parent Program Page 3 February 17, 1998 III. Issues in order of importance are as follows: A. Need B. Timing C. Cost IV. Alternatives in order of feasibility are as follows: City Council authorize the execution of Lease Amendment No. 1, as summarized above and in form approved by the City Attorney. 1. Need of Social Services for additional office and support space is met. 2. Timing to allow relocation of staff as soon as possible will be met. Cost will be $2,766.67 per month for office and support space. Funding of $8,300 for FY1998 is available in Account 001-054-5313- 1003, Income Maintenance - Overtime Wages and may be transferred to Account 001-054-5314-3075, Social Services - Other Rental. City Council does not authorize the execution of Lease Amendment No. 1, as summarized above and in form approved by the City Attorney. Need of Social Services for additional office and support space is not met. Timing to allow relocation of staff as soon as possible will not be met. Cost is zero. Lease Amendment No. 1 Child Care/Pregnant Teen/Teen Parent Program Page 4 February 17, 1998 Vo Recommendation is as follows: City Council authorize the execution of Lease Amendment No. 1, as summarized above and in form approved by the City Attorney, in accordance with Alternative "A". Respectfully submitted, W. Robert Herbert City Manager WRH/KBK/SEF/ CC; City Attorney City Clerk Director of Finance Director of Human Development Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Engineering Coordinator Supervisor, Child Day Care & Pregnant Teen/Teen Parent Program SAWYER PROPERTIES TEL:540-776-9329 Feb 06,98 11:44 No.O01P.02 Job lT. ~r~neb,' Jr, · . . "215 Clmrch Avenue, S W :,: .'.'~..' ' . :ROanoke, VA 24011 ..:? .....'.....' O~ntlemeh, This l~t¢r will confirm that First Citizens Bank ae~pt$ th~ attach~ L~as0'Agdgadum I, The ... ..... lease is subj{~ot to thc transfer of prope~ from First Union Bankto First Citizeas Bank on · .'February 13, 1998. AIl terms and {~ondttionSoftl~ addendum nrc ae~ptabl~ to Ffi,$t Citizens lioanok~, VA 24018-4S12 540A)8~-112~ : 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 February 18, 1998 File #5-20-45-67-217-472 Wayne E. Williams, Fleet Manager Magic City Motor Corporation P. O. Box 12807 Roanoke, Virginia 24028 Jesse B. Sellers, Jr. Berglund-Ford, Incorporated 834 East Main Street Salem, Virginia 24153 Gentlemen: I am enclosing copy of Resolution No. 33717-021798, accepting your bids as follows, for furnishing and delivering 4-wheel drive vehicles to the City, upon certain terms and conditions, and rejecting all other bids made to the City. Item Quantity and Description Successful Total Purchase Number Bidder Price 1 2 New mid-size 4-wheel Berglund Ford, $50,300.00 drive utility vehicles Incorporated 2 3 new mid-size 4-wheel Magic City Motor $72,306.90 drive utility vehicles Corporation 3 4 new mid-size 4-wheel Magic City Motor $96,409.20 drive utility vehicles Corporation The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 17, 1998. H:~AGENDAg~cEB17.WPO Wayne E. Williams Jesse B. Sellers, Jr. February 18, 1998 Page 2 MFP:Io Enclosure pc: Sincerely, Mary F. Parker, CMC/AAE City Clerk W. Robert Herbert, City Manager James D. Grisso, Director of Finance William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations John W. Coates, Manager, Parks and Recreation D. Darwin Roupe, Manager, Supply Management Barry L. Key, Manager, Office of Management and Budget H:~M3ENDAg6U=EB17.~ CITY OF ROANOKE ~' :~:~-~-L-~_ 1~:~_1 OFFICE OF THE CITY CLERK ~~ 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk February 18, 1998 File #5-20-45-67-217-472 Ken Spangler, Fleet Manager Berglund Chevrolet, Incorporated 1824 Williamson Road, N. W. Roanoke, Virginia 24012 Dear Mr. Spangler: I am enclosing copy of Resolution No. 33717-021798, accepting the bids of Berglund Ford, Inc., and Magic City Motor Corporation for furnishing and delivering 4-wheel drive vehicles to the City, upon certain terms and conditions, and rejecting all other bids made to the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 17, 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 H:~AGENDAgS~FEB171.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1998. No. 33717-021798. A RESOLUTION accepting bids made to the City for furnishing and delivering 4-wheel drive 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 hereinat~er 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 mid-size 4-wheel drive utility vehicles Berglund Ford, Inc. $50,300.00 2 3 new mid-size 4-wheel drive utility vehicles Magic City Motor Corporation $72,306.90 3 4 new mid-size 4-wheel drive utility vehicles Magic City Motor Corporation $96,409.20 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 all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia RECEI'vED CITY C[ 98-312 '98 FIB Roanoke, Virgi~a Febma~ 17, 1998 SUBJECT: Bids to purchase 4-Wheel Drive Vehicles, Bid No. 97-12-54 ~ on the subject in chronological order is: The Capital Maintenance and Equipment Replacement Program has identified the need to replace Nine (9) vehicles with 4-Wheel Drive units. Replacing existing vehicles in Parks and Grounds, Risk Management, Streets and Traffic and Police departments with 4-Wheel Drive units will allow for necessary capability to perform required duties during inclement weather. Bid specifications were developed and along with Request for Quotations, were sent to Eleven (11) automobile dealers currently listed on the City's bid list. The notice to bid was posted on the bid board as well as advertised in The Roanoke Times and The Roanoke Tribune. Bids were received until 2:00 p.m. on January 12, 1998, in the Office of the Manager of Supply Management, at which time all bids appropriately received were publicly opened and read. Current Situation is: Three (3) bid responses were received. A tabulation of those responses is attached. All bids received were evaluated in a consistent manner by representatives of the following departments: Public Works Fleet Management Police Department Supply Management 4-Wheel Drive Vehicles Bid NO. 97-12-54 Page 2 C. ~ are as follows: Item #1 - Two (2) New Mid-Size 4-Wheel Drive Vehicles for Parks and Grounds department with Trailer Hitch and Towing Package. Units requested are to replace existing 4-Wheel Drive Vehicles. The lowest bid, submitted by Berglund Chevrolet, Inc., took exception to engine h.p., transmission speeds and gear shift configuration and fuel pump inertia shut off switch. These exceptions are substantial and cannot be waived as informalities. The second lowest bid, submitted by Berglund Ford, Inc., meets all required specifications at a cost of $25,150,00 per unit. Item #2 - Three (3) New Mid-Size 4-Wheel Drive Vehicles. One (1) for Risk Management and Two (2) for Streets/Traffic departments. These units are to replace existing 2-Wheel Drive Vehicles. The lowest bid, submitted by Berglund Chevrolet, Inc. took exception to engine h.p., transmission speeds and gear shi~ configuration and fuel pump inertia shut off switch. These exceptions are substantial and cannot be waived as informalities. The second lowest bid, submitted by Magic City Motor Corporation meets all required specifications at a cost of~ per unit. Item #3 - Four (4) New Mid-Size 4-Wheel Drive Vehicles for the Police department. These units are to replace existing 2-Wheel Drive Vehicles. The lowest bid, submitted by Berglund Chevrolet, Inc. took exception to engine h.p., transmission speeds and gear shit~ configuration and fuel pump inertia shut off switch. These exceptions are substantial and cannot be waived as informalities. The second lowest bid, submitted by Magic City Motor Corporation meets all required specifications at a cost of~ per unit. Issues in order of importance are: A. Need B. Compliance with Specifications 4-Wheel Drive Vehicles Bid No. 97-12-54 Page 3 IV. Alternatives in order of feasibility are: A. City Council authorize the purchase of 4-Wheel Drive Vehicles as follows: Two (2) Mid-Size 4-Wheel Drive Vehicler, for Parks and Grounds department from Berglund Ford, Inc. for a total cost of $50,300.00. Three (3) Mid-Size 4-Wheel Drive Vehicles for Risk Management and Streets/Traffic departments from Magic City Motor Corporation for a total cost of $72.306.90. Four (4) Mid-Size 4-Wheel Drive Vehicles for Police department from Magic City Motor Corporation for a total cost of~. Need for the requested vehicles is to allow for continued support of required duties during inclement weather. Compliance with specifications has been met by the suppliers recommended in this alternative. ~ to provide for this purchase is available in Fleet Management account 017-052-2642-9010. B. Reject all bids. Need for vehicles to provide continued services to citizens during inclement weather would not be met. 2. Compliance with specifications would not be a factor in this alternative. Funding designated for this purchase would not be expended at this time with this alternative. 4-Wheel Drive Vehicles Bid No. 97-12-54 Page 4 Ve Recommendation Council concur with Alternative "A" - authorize the purchase of 4-Wheel Drive Vehicles as follows: Mid-Size units from Berglund Ford, Inc. for a total cost of $50,300.00. Seven (7) Mid-Size units from Magic City Motor Corporation for a total cost of $168,716.10. B. Reject all other Bids. CC2 City Attorney City Clerk Director of Finance Director of Public Works Director of Public Safety Director of Utilities & Operations Management & Budget Manager, Fleet Management Manager, Supply Management Respectfully Submitted, W. Robert Herbert, City Manager BID TABULATION Bids received and opened in the Office of Supply Management, 2:00 p.m., January 12, 1998 For 4-Wheel Drive Vehicles Bid Number 97-12-54 Item #1 2-New Mid-Size 4-Wheel Drive Utility Vehicles for Parks/Grounds in accordance with City of Roanoke specifications and delivered F.O.B. Roanoke, Virginia Item #2 3-New Mid-Size 4-Wheel Drive Utility Vehicles for Risk Management and Streets/Traffic in accordance with City of Roanoke specifications and delivered F.O.B. Roanoke, Virginia Item #3 4-New Mid-Size 4-Wheel Drive Utility Vehicles for Police Department in accordance with City of Roanoke specifications and delivered F.O.B. Roanoke, Virginia Delivery Berglund Chevrolet, Inc. Roanoke, Virginia $22,232.12 each $21,326.47 each $21,909.84 each 45-60 Days Magic City Motor Corporation Roanoke, Virginia $25,277.15 each $24,102.30 each $24,102.30 each 60-90 Days Committee: William F. Clark James A. -~McC I~un~'~ Berglund Ford, Inc. Salem, Virginia $25,150.00 each $24,120.00 each $24,120.00 each 60 Days Indicates Recommendation MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 February 18, 1998 File ~67-472 SANDRA H. EAKIN Deputy City Clerk Terry Forsberg, Market Manager Wenger Corporation 555 Park Drive Owatonna, Minnesota 55060-0448 Dear Mr. Forsberg: I am enclosing copy of Resolution No. 33718-021798, accepting the bid of Wenger Corporation, for the purchase of one new Mobile Stage/Performance Center with eight stage extensions, for use by the Roanoke City Parks and Recreation Department, at a total cost of $77,361.00; and rejecting all other bids made to the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 17, 1998. Sincerely, ~~.~.,~.~ Mary F. Parker, CMCIAAE City Clerk MFP:Io Enclosure pc: W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Kit B, Kiser, Director, Utilities and Operations John W. Coates, Manager, Parks and Recreation D. Darwin Roupe, Manager, Supply Management Barry L. Key, Manager, Office of Management and Budget H:~AGENI~X~'EB17.WPO 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 February 18, 1998 File f~67-472 SANDRA H. EAKIN Deputy City Clerk Matt Gilland, Sales Manager Century Industries, Incorporated 1-65 and Highway 311 P. O. BoxU Sellersburg, Indiana 47172-0919 Dear Mr. Gilland: I am enclosing copy of Resolution No. 33718-021798, accepting the bid of Wenger Corporation, for the purchase of one new Mobile Stage/Performance Center with eight stage extensions, for use by the Roanoke City Parks and Recreation Department, at a total cost of $77,361.00; and rejecting all other bids made to the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 17, 1998. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed Mobile Stage/Performance Center. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:Io Enclosure H:~.GENDAgS~FEBt7.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1998. No. 33718-021798. A RESOLUTION accepting the bid of Wenger Corporation, for the purchase of one new Mobile Stage/Performance Center with stage extensions, for use by the Parks and Recreation Department, upon certain terms and conditions; and rejecting all other bids made for such items. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as The bid submitted by Wenger Corporation, for the purchase of one new Mobile Stage/Performance Center with eight (8) stage extensions, for use by the Parks and Recreation Department, at a total cost of $77,361.00, is hereby ACCEPTED. 2. The City's Manager of Supply Management is hereby authorized and directed to issue the requisite purchase orders for such equipment, in accordance with and as more particularly set forth in the City Manager's report to this Council dated February 17, 1998. 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. H:~RES\BID-STAG. I RECEIVED CITY CLER!'!S,. Roanoke, Virginia February 17, 1998 FEB 10 A8:05 98-313 Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Bids to purchase Mobile Stage/Performance Center, Bid No. 97-12-47 I. Background on the subject in chronological order is: The Capital Maintenance and Equipment Replacement Program has identified the need for a Mobile Stage/Performance Center for the Parks and Recreation department. Specifications were developed and, along with Request for Quotation, were sent to the two (2) Manufacturers known to provide the requested equipment. A notice was placed on the City's bid board. Also a public advertisement was published in The Roanoke Times and The Roanoke Tribune. Bids were received, until 2:00 p.m. on January 12, 1998 at which time all bids appropriately received and publicly opened and read in the Office of the Manager of Supply Management. II. Current Situation is: A. Two (.2) bids were received. A bid tabulation is attached. B. Both bids were evaluated by representatives of the following departments: Public Works Parks/Recreation Supply Management Bid evaluation has determined that the lowest bid, for One (1) Mobile Stage/Performance Center with eight (8) stage extensions, was submitted by Wenger Corporation for the amount of $77,361.00. Mobile Stage/Performance Center Bid No. 97-12-47 Page 2 Issues in order of importance are: A. Need IVe B. Compliance with Specifications C. Funding Alternative in order of feasibility are: City Council authorizes the purchase of One (1) new Mobile Stage/Performance Center with stage extensions from Wenger Corporation for a total cost of $77~361.00. Need for the requested equipment is to allow for the capability to provide stages for various Parks/Recreation events instead of the manual stage set- up that currently exists. Anticipated savings in personnel time and equipment to manually set-up will offset this purchase price within three (3) years. Compliance with specifications is met by the bid response submitted by Wenger Corporation. Funding is available in Parks department account 001-052-4340-9010 to provide for this purchase. B. Reject all bids. Need to provide stages for events would continue but the current manual stage set-up is time consuming and costly. 2. Compliance with sPecifications would not be an issue with this alternative. Funding designated for this purchase would not be expended at this time with this alternative. Mobile Stage/Performance Center Bid No. 97-12-47 Page 3 CC~ Recommendation Cit_v Council concur with Alternative "A" - to authorize the purchase of One (1) new Mobile Stage/Performance Center including stage extensions from Wenger Corporation for the total cost of $77,361.00. B. Reject other Bid. Respectfully Submitted, W. Robert Herbert, City Manager City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities & Operations Manager, Parks/Recreation Manager, Supply Management Management & Budget Bid Tabulation For Mobile Stage/Performance Center Bid No. 97-12-47 Item 1 - new commerical self contained Mobile Stage/Performance Center including eight (8) stage extension panels in accordance with City of Roanoke specifications Century Industries, Inc. Sellersburg, IN $77,939.00 Wenger Corporation Owatonna, MN ~$77,361.00 Delivery 60-90 Days 45 Days Committee: William F. Clark John W. Coates D. Darwin Roupe *Indicates Recommendation 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 February 18, 1998 File #5-60-236 SANDRA H. EAKIN Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33719-021798, amending and reordaining certain sections of the 1997-98 Grant Fund Appropriations, in connection with acceptance of additional grant funds, in the amount of $46,875.00, from the Department of Criminal Justice Service's grant program to be used for records management improvements in the Police Department. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 17, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager George C. Snead, Jr., Director, Public Safety James L. Viar, Acting Chief of Police ^rchie Harrington, Manager, City Information Systems Joe D. Slone, Manager, Communications H:~AGENDAOIN=EB17.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of February, 1998. No. 33719-021798. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety Criminal History Records (1) ........................... Revenue Public Safety Criminal History Records (2-3) .......................... 1) Fees for Professional Services (035-050-3312-2010) $ 62,500 2) State Grant Receipts (035-035-1234-7271) 46,875 3) Local Match (035-035-1234-7272) 15,625 $1,186,279 62,500 $1,186,279 62,500 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 February 18, 1998 File #5-60-236 SANDRA H. EAKIN Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33720-021798, accepting a certain grant for criminal history records system improvements from the Commonwealth of Virginia's Department of Cdminal Justice Services, in the amount of $46,875.00, with the City providing $15,625.00 in local match. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 17, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety James L. Viar, Acting Chief of Police Archie Harrington, Manager, City Information Systems Joe D. Slone, Manager, Communications H:~.G~t 7.W~PO IN THECOUNCILOFTHECITY OF ROANOKE, VIRGINI& The 17th day of February, 1998. No. 33720-021798. A RESOLUTION accepting a certain grant for criminal history records system improvements from the Commonwealth of Virginia's Department of Criminal Justice Services 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 Criminal Justice Services of a grant for criminal history records system improvements in the amount of $46,875, with the City's providing $15,625 in local match, such grant being more particularly described in the report of the City Manager, dated February 17, 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. RECEIVED Feb. 17, 1998 Council Report #98-400 Honorable Mayor and Members of City Council Roanoke, Virginia '98 F[t~ -9 P 4:07 Subject: Department of Criminal Justice Services Grant - Records Management Improvements Dear Mayor Bowers and Member of Council: I. Background: On November 4, 1996, through resolution #33177-110496, City Council authorized the City Manager to sign documents for application to the Department of Criminal Justice Services Grant Program for funds in the amount of $15,000 with the City providing a local cash match of $3,750. This grant funding was applied to the fees of a consulting firm to act as project manager on an extensive Records Management System upgrade project being undertaken by the Police Dept. and City Information Services. The grant was awarded at $12,900 with $3,225 required as the local cash match. In September 1997, the Police Dept. learned that additional grant funding for this project was available under this same program. II. Current Situation: John Dorsey and Associates were selected as project consultants in May 1997 following the established City bid process. They are currently assisting with developing the upgrade of the Police Records Management System, Jail Management System and the Communications Computer Aided Dispatch System. Bo Additional funds in the amount of $46,875 has been awarded to the City from the same State grant program. The program requires a 25% local cash match. ($15,625) Project development and installation is expected to require consultant assistance for at least another full year. Issues: Ao Need Funds Availabili _ty Altematives: Ci_ty Council authorize the City Manager to sign appropriate documents for acceptance of funds from the Dept. of Criminal Justice Services Grant program in the amount of $46,875. City Council appropriate a total of $62,500 to grant revenue and expenditure account to provide funding for the consultant presently under contract with the City assisting in the automation upgrade in the Police, Jail and Communications Departments. Transfer $15,625 for local match from C.I.S. Public Safety Project account number 013-052-9801-9203 to the grant fund. o Need exists for an expert in the area of Records Management/C.A.D. Systems to act as a program manager and to guide the Police Department, C.I.S. and Communications personnel through the bid, implementation and contract negotiation phases of current automation project. Funds availabili .ty. Funding of $46,875 is available from the Dept. of Criminal Justice Services. Local cash match of $15,625 is available in account number 013-052-9801-9203. Bo Ci_ty Council decline the authorization for the City Manager to accept the continued funding. Need for guidance in an expensive, multi-department project will not continue to be met. Funds available from the Dept of Criminal Justice Services grant program will not be utilized. Local match funding will not be needed. Recommendation is that Council approve altemative "A" to authorize the City Manager to sign appropriate documents to accept $46,875 in funds from the Dept of Criminal Justice Services grant program and to appropriate $62,500 ($46,875 State funds and $15,625 Local match) to grant fund expenditure and revenue accounts to be established by the Director of Finance. Respectfully submitted, W. Robert Herbert City Manager cC.' City Attomey Director of Finance Director of Public Safety Chief of Police C.I.S. Manager Communications Manager 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 February 18, 1998 File #5-60-133 SANDRA H. EAKIN Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33721-021798, amending and reordaining certain sections of the 1997-98 Grant Fund Appropriations, in connection with acceptance of $37,525.00 in additional funds from the Department of Cdminal Justice Services, Forfeited Asset Shadng Program. The abovereferencad measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 17,1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager George C. Snead, Jr. Director, Public Safety James L. Viar, Acting Chief of Police R. W. Helm, Major, Services Division, Police Department H:~AGENDAg~FEB17.WI:~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of February, 1998. No. 33721-021798. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AooropHations Public Safety Forfeited Criminal Assets (1-2) ............................... Revenue Public Safety Forfeited Criminal Assets (3-4) ............................... $1,285,834 107,811 $1,285,834 107,811 1) Expendable Equipment (<1,000) 2) Other Equipment 3) State Asset Forfeiture 4) State Asset Forfeiture - Interest (035-050-3302-2035) (035-050-3302-9015) (035-035-1234-7133) (035-035-1234-7270) 5,500 32,O25 34,435 3,090 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Vk&4nia Dear Members of Council: RECEIVE[) CITY CLERi<S OFFi~7~~ '98 FEB-9 P4:07 February 17, 1998 Council Report #98-401 Subject: Forfeited Asset Sharing Program Commonwealth of Virginia ho Bo Co Do Vir_~inia General Posembly passed State legiglution in 1991, 18.2.249 COV, which allows local law enforcement to seize and have forfeited property connected with illegal narcotics distribution. The law also makes it possible for police departments to receive proceeds from these forfeited properties. ~ for an equitable share of the property seized by local law enforcement must be made to the Department of Crimina! Justice Services, Forfeited Asset Sharing Program certified by the Chief of Police as to the appropriate agency and representative to receive the property. Property (including funds shared with State and local agencies) may be used only for the purpose stated in the application, i.e., Law Enforcement Use-Purchase Equipment. The Departm~t of Criminal Justice Services requires participants in the Forfeited Asset Sharing Program to submit an annual financial statement of receipts and expenditures related to the program, certifying that the proceeds were used for law enforcement purposes. Current Situation: Police Department receives additional fimds periodically from the State asset sharing program C~ action is required to accept additional funds to be dispersed in accordance with provisions of the program Mayor and Members of Council Subject: Forfeited Asset Sharing Program Commonwealth of Vir~nia Page 2 Revenues collected through January 8, 1998 for this grant are $107,811.00 and are recorded in Grant Account Numbers 035-035-1234-7133 and 035-035-1234-7270. Funding received in excess of the estimated revenue, totaling $37,525.00, needs to be appropriated at this time. llI. Issues: Need Funds Availability ~ accept fimds from the Department of Criminal Justice Services, Forfeited Asset Sharing Program and authorize the Director of Finance to establish appropriate accounts so that funds can be expended in accordance with program requirements. Need exists to provide additional funds and equipment to enhance undercover narcotics control investigations. Funds availability will be determined by the quantity of assets seized as a result of narcotic investigations and forfeited through the Forfeited Asset Sharing Program .C,~ilY_~Td~llg~ reject assets from the Department of Criminal Justice Services, Forfeited Asset Sharing Program and not authorize Director of Finance to establish appropriate accounts for such assets. o Need for supplemental funds enabling increased effectiveness of undercover drug enforcement will not be met. Funds will not be applied for or received from the Forfeited Asset Sharing Program Mayor and Members of Council Subject: Forfeited Asset Sharing Program Commonwealth of Vk~nia Page 3 Recommendation is that Council approve alternative "A" to accept assets from the Forfeited Asset Sharing Program and: &iZP. XI~Plia~ $32,025.00 to grant fund account Capital Outlay/Other Equipment (035- 050-3302-9015). Bo rA~tp.~gl~ $5,500.00 to grant fund account Expendable Equipment (<$1000) (035- 050-3302-2035). Increase the revenue estimate in accounts 035-035-1234-7133 for $34,435 and 035-035- 1234-7270 for $3,090. Respectfully submitted, W. Robert Herbert City Manager WRH:JLV/tp Cc; City Attorney Director of Finance Director of Admininration/Public Safety Police Chief Major, Services 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 February 19, 1998 File ~f~5-60-133 SANDRA H. EAKIN Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33722-021798, amending and reordaining certain sections of the 1997-98 Grant Fund Appropriations, in connection with acceptance of additional funds, in the amount of $62,030.00, from the United States Department of Justice, Forfeited Property Shadng Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 17, 1998. Sincerely, Mary F. City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager George C. Snead, Jr., Director, Public Safety James L. Viar, Acting Chief of Police R. W. Helm, Major, Services Division, Police Department H:~AGENDA~=EB1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of February, 1998. No. 33722-021798. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $1,248,309 Federal Forfeiture Program (1) ................................. 447,872 Revenue Public Safety $1,248,309 Federal Forfeiture Program (2-3) ............................... 447,872 1) Investigations and Rewards 2) Federal Forfeiture Program 3) Federal Forfeiture- Interest (035-050-3304-2150) $ 62,030 (035-035-1234-7184) 21,826 (035-035-1234-7247) 40,204 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, Vir~nia ~EC,.EI¢[~ February 17, 1998 CL[~:,?:$ ~)FF!(CouncilReport #98-402 FEEt-9 P zt:07 Dear Mayor Bowers and Members of Council: Subject: Sharing Federally Forfeited Property I. Back o~0_ll~d on the subject in chronological order is as follows: ho Con~ess amended 21 USC. Sec. 881 eh4, October, 1986, which authorized the transfer of certain federally forfeited property to state and local law enforcement agencies that participated in the investigation and seizure of the property. Bo Application for an equitable mare ofpropelty seized by local law enforcement must be made to the U. S. Department of Justice and certified by the City Attorney as to the appropriate agency and representative to receive the property and that the transfer is not prohibited by state and local law. Co Property_ (including funds ~hared with state and ~ may be used only for the purpose stated in the application, i.e., narcotics investigations related to law enforcement. Participation in Federally Forfeited Property enhances the effectiveness of narcotics investigations by providing necessary investigative equipment, investigative funds, overtime expenses, and off sets the costs that would otherwise have to be burdened by the City's taxpayers. Eo The agency requesting the transfer of property agrees to pay fees and expenses necessary to effect the transfer. II. Current Situation is as follows: ho Police Department receives additional fimds ~ l~om the federal government's asset sharing program City_ Council action is required to accept additional funds to be dispersed in accordance with provisions of the program Co Revenues totalling $62,030.00 have been collected and are available for appropriation in Grant Fund Accounts 035-035-1234-7184 and 035-035- 1234-7247. 11I. Issues in order of importance are as follows: A. Need B. Funds Availability Honorable Mayor and Members of Council Page 2 IV. Alternatives in order of feasibility are as follows: City Council accept additional $62,030.00 ftmOe from U. S. Department of Justice, Forfeited Property Sharing Program and authorize the Director of Finance to increase the revenue estimate and appropriation amounts in the appropriate accounts so that funds can be expended in accordance with program requirements. Need exists to provide additional funds and equipment to enhance undercover narcotics control investigations. F_~La3fil~0~2/will be controlled by effectiveness of investigations through assets seized and forfeited in joint investigations with federal agencies. City_ Council reject assets from Federal Forfeiture, Sharing Pro,am and not authorize Director of Finance to increase the appropriate accounts for such assets. Need for supplemental funds enabling increased effectiveness of undercover drug enforcement will not be met. Funds will not be applied for or received from the Federal Forfeiture Sharing Progranz V. Recommendation is as follows: City_ Council approve Alternative "A" to accept assets from the Federal Forfeited Property Sharing Program and: ho ~ $62,030,00 to the Grant Fund Account for Investigations and Rewards 035-050-3304-2150 and increase the Grant Fund revenue account 035-035-1234-7184 for $21,826.00 and Grant Fund revenue account 035- 035-1234-7247 for $40,204. Respectfully Submitted, W. Robert Herbert City Manager WRH:JLV:tmp C: City Attorney Director of Finance Director of Public Safety Police Chief Major, Services 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 February 19, 1998 File #22-24 SANDRA H. EAKIN Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33723-021798, repealing Article IV, ~.~ JZ~_~L.~, consisting of §§15-47, Regulations governina barber shoos, etc.. 15-48, permits re(~uired, and 15-49, Violations of article or rules or rec~ulations, of the Code of the City of Roanoke (1979), as amended, relating to regulation ~ barber and beauty shops, requiring permits for the operation of barber and beauty shops and establishing penalties for violation. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 17, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment The Honorable Clifford R. Weckstein, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Virginia H:~G~17.WI=D W. Robert Herbert February 19, 1998 Page 2 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 Distdct 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 Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General Distdct Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court Bobby D. Casey, Office of the Magistrate Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development Dr. Molly L. Rutledge, Health Director, Roanoke City Health Department H:~M~ENDA~FEB17.~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1998. No. 33723-021798. AN ORDINANCE repealing Article IV, Barber and beauty culture, consisting of §§15-47, Regulations governing barber shops, etc.,15-48, Permits required, and 15-49, Violations of article or rules or regulations, of the Code of the City of Roanoke (1979), as amended, relating to regulation of barber and beauty shops, requiring permits for the operation of barber and beauty shops and establishing penalties for violation; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke: 1. Article IV, Barber and beauty culture, consisting of §§15-47, ~ goveming barber shops, etc., 1548, permits required, and 1549, Violations of article or rules of the Code of the City of Roanoke (1979), as amended, is hereby or regulations, REPEALED. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. February 17, 1998 R,E~ E ! ¥~[]~lep9~ # 98-702 CITY C~r~c, !(S Honorable Mayor David Bowers and Members of City Council Roanoke, Virginia Mayor and Members of Council: '98 FEB 10 A8:05 SUBJECT: HEALTH PERMITS REQUIRED TO OPERATE BARBER AND BEAUTY SHOPS, AND NAIL SALONS I. Background: Roanoke City Code, Sections 15.47 to15-49, set out in Attachment 1 gives the Department of Health the power to adopt and enforce regulations governing barber, beauty, and nail salons. Health Permits are required before operating barber, beauty, and nail salons or schools. Permits are required to be renewed annually. Current Situations: The Vir~nia Department of Health has no regulations governing barber, beauty, and nail salons, which can be used to enforce the Roanoke City Code. The Roanoke City_ Health Department is the only health departmem in this area of the state currently permitting these establishments. Virginia Board of Cosmetology permits and inspects all barber, beauty, and nail salons and schools in Virginia under Title 54.1, Chapter 12, as set out in Attachmem 2, issued by the Virginia Department of Professional and Occupational Regulation. [ssues: Ao Duplication of Service Nonspecific Regulations Protection of Public Health IVe Alternatives: Ao Repeal Roanoke City Code, Sections 15.47 to 49, requiting health permits for barber, beauty, and nail salons and schools and allow these establishments to be permitted and inspected solely by the Board of Cosmetology. 2 Duplication of Service Approximately 200 barber, beauty, and nail salons and schools would no longer be permitted and inspected by both the Board of Cosmetology and The Roanoke City Health Department thus removing the duplication of services. Nonspecific Regulations The Roanoke City Health Department will no longer be regulating barber, beauty, and nail salons and schools with nonspecific regulations. Protection of Public Health Even in the absence of State and Local regulation, the Health Director may proclaim a condition to be a health hazard and enforcement action can be taken when appropriate. Bo Keep Roanoke City Code, Sections 1547 to 49; requiring Health Department permits for barber, beauty, and nail salons and schools. Amend Section 1548 to require permits to be issued once and to be self-renewing. Duplication of Service Approximately 200 barber, beauty, and nail salons and schools would continue to be permitted and inspected by both the Board of Cosmetology and The Roanoke City Health Department continuing the duplication of services. Nonspecific Regulations The Roanoke City Health Department will continue regulating barber, beauty, and nail salons and schools with nonspecific regulations. Protection of Public Health Even in the absence of State and Local regulation, the Health Director may proclaim a condition to be a health hazard and enforcement action can be taken when appropriate. V. Recommendation: City Council concur in implementation of Alternative A and repeal the requirement that Roanoke City Health Department permit and inspect barber, beauty, and nail salons and schools which are concurrently being permitted and inspected by the Virginia Board of Cosmetology. Respe~-t~l~~_~ ~~ Subm!tted_,, · W. Robert Herbert City Manager CC: James Cu-isso, Director of Finance Wilburn C. Dibling, City Attorney Glenn D. Radcliffe, Director of Human Development Dr. Molly Rutledge, Health Director Attachments 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 February 19, 1998 File ~60-236-248-261-349-422 SANDRA H. EAKIN Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33725-021798, authorizing you to execute the Local Government Challenge Grant from the Virginia Commission for the Arts, in the amount of $4,500.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 17, 1998. Sincerely, Mary F. City Clerk CMC/AAE MFP:Io Attachment pc: James D. Grisso, Director of Finance Wilbum C. Dibling, Jr., Attorney Barry L. Key, Manager, Office of Management and Budget Glenn D. Radcliffe, Director, Human Development H:~AGENDAg~FEB17.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1998. No. 33725-021798. A RESOLUTION authorizing the acceptance of a Local Government Challenge Grant from the Virginia Commission for the Arts. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke accepts a Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $4,500.00 to be used for those purposes identified in the report of the City Manager to Council dated February 17, 1998. 2. The City Manager, or the Assistant City Manager, is hereby authorized to execute any and all requisite documents, including any documents providing for indemnification by the City as are required for the City's acceptance of this grant, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: City Clerk. lt:\RES\RG-ART. 7 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 February 19, 1998 File ~60-236-248-261-349-422 SANDRA H. EAKIN Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33724-021798, amending and reordaining certain sections of the 1997-98 Grant Fund Appropriations, providing for an appropriation of $4,500.00, in connection with acceptance of a Local Government Challenge Grant from the Virginia Commission for the Arts. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 17, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager Barry L. Key, Manager, Office of Management and Budget Glenn D. Radcliffe, Director, Human Development H:~Ai3ENDAg~FEB17,WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of February, 1998. No. 33724-021798. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriation Parks, Recreation and Cultural $ 23,218 Challenge Grant - FY98 (1) ................................ 4,500 Revenue Parks, Recreation and Cultural $ 23,218 Challenge Grant - FY98 (2) ................................ 4,500 1) Subsidies (035-054-8732-3700) $4,500 2) State Grant Receipts (035-035-1234-7257) 4,500 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. February 17, 1998 Report #98-705 '98 FEBIO P4:08 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Members of Council: SUBJECT: VIRGINIA COMMISSION CHALLENGE GRANT FOR THE ARTS LOCAL GOVERNMENT BACKGROUND The City of Roanoke was notified of a Local Government Challenge Grant available through the Virginia Commission for the Arts. Do Local Government Challenge Grant Funds are available on a 50 - 50 matching basis, 50 percent state and 50 percent local. Application for the grant was made at the request of the Arts Council of Roanoke Valley, Roanoke Symphony Orchestra, Mill Mountain Theatre, and Opera Roanoke. Roanoke has received funding from the Local Government Challenge Grant for several years. II. CURRENT SITUATION Ao Notification from the Commission for the Arts has been received that a grant of $4,500.00 is available. Bo The grant will supplement funds already appropriated from the City to the organizations through the Cultural Services Committee. The local funds will meet the 50 - 50 match require by the challenge grant. Co The Grant funds of $4,500.00 will be distributed to The Arts Council of Roanoke Valley ($1,125); Roanoke Symphony Orchestra ($1,125); Mill Mountain Theatre ($1,125); and, Opera Roanoke ($1,125). Mayor Bowers & Members of Council Page 2 February 17, 1998 III. ISSUES A. Need for Funding. B. Timing. C. Cost to the Ci _ty. IV. ALTERNATIVES mo City Council accept the $4,500.00 Local Government Challenge Granl from the Virginia Commission for the Arts. Need for Funding. The Arts Council of Roanoke Valley, Roanoke Symphony Orchestra, Mill Mountain Theatre, and Opera Roanoke will use funding to make quality arts activities available to citizens of Roanoke. Timing. The grant must be accepted and properly executed papers returned to the Virginia Commission of the Arts prior to release of funds. Cost to the Ci _ty. Matching funds have been appropriated in the City's FY 1997- 98 General Fund Budget through the Cultural Services Committee. No additional funding is required. gJ City Council not accept the $4,500.00 grant from the Virginia Commission for the Arts. Need for Funding. The Arts Council of Roanoke Valley, Roanoke Symphony Orchestra, Mill Mountain Theatre, and Opera Roanoke will lose $4,500.00 in funding which would be used to make quality arts activities available to the citizens of Roanoke. Timing. Not an issue. Cost to the City. No impact. Local funds have been appropriated in the City's General Fund Budget through the Cultural Services Committee. Mayor Bowers & Members of Council Page 3 February 17, 1998 Vo RECOMMENDATION A. City Council concur with Alternative A and accept the $4,500.00 grant from the Virginia Commission for the Arts. Appropriate $4,500.00 to expenditure and revenue accounts to be established by the Director of Finance in the Grant Fund. Authorize the City Manager or his designee to execute the Local Government Challenge Grant on behalf of the City of Roanoke. Respectfully submitted, W. Robert Herbert City Manager WRH/GDR/gr cc: Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Barry L. Key, Management and Budget James D. Ritchie, Director of Human Resources Glenn D. Radcliffe, Director of Human Development chalglrlnt, cr ~ity 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 February 19, 1998 File #247-258 SANDRA H. EAKIN Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33726-021798, approving a plan of refinancing as to a loan in a principal amount not to exceed $6,500,000.00 made by a consortium of lenders to Hotel Roanoke, L. L C.; acknowledging that the bonds replacing such loan and a line of credit will be considered the first mortgage loan; and authorizing you to execute a subordination agreement and any and all other agreements, instruments, documents or certificates necessary or appropriate to carry out the transactions authorized or contemplated by this resolution. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 17, 1998. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:Io Attachment pc: Dr. Raymond D. Smoot, Jr., Secretary, Hotel Roanoke Conference Center Commission, virginia Polytechnic Institute and State University, 312 Burress Hall, Blacksburg, Virginia 24061 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Frank E. Baratta, Grants Monitor Deborah J. Moses, Assistant to the City Manager for Special Projects H:'~AGENDAE~FEB't 7.W~) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of February, 1998. No. 33726-021798. A RESOLUTION approving a plan of refinancing as to a loan in a principal amount not to exceed $6,500,000 made by a consortium of lenders to Hotel Roanoke, L.L.C.; acknowledging that the bonds replacing such loan and a line of credit will be considered the first mortgage loan; authorizing the City Manager to execute a subordination agreement and any and all other agreements, instruments, documents or certificates necessary or appropriate to carry out the transactions authorized or contemplated by this resolution; and providing for an effective date. WHEREAS, H.R. Foundation, Inc., a Virginia non-stock corporation (the "Foundation"), owns a hotel facility known as the Hotel Roanoke (the "Facility"), which is located within a redevelopment area created by the City of Roanoke Redevelopment and Housing Authority ("RRHA") in the City of Roanoke, Virginia (the "City"); and WHEREAS, in connection with the planning, development, construction, repair and rehabilitation of the Facility (the "Project"), a consortium of lenders made a loan in a principal amount not to exceed $6,500,000 (the" 1994 Bank Loan") to Hotel Roanoke, L.L.C. (the "Hotel Operating Company"); and WHEREAS, also in connection with the Project, a loan guaranteed by the United States Department of Housing and Urban Development ("HUD") in the amount of $6,000,000 (the "§ 108 Loan") was made to the Hotel Operating Company pursuant to a § 108 Loan Agreement, dated as of November 15, 1993 (the "§ 108 Loan Agreement"), between the City, RRHA and the Hotel Operating Company; and WHEREAS, both the 1994 Bank Loan and the § 108 Loan are secured by liens on the real estate and personal property associated with the Facility, provided that the liens securing the § 108 Loan are subordinated to the liens securing the 1994 Loan; and WHEREAS, the Foundation proposes to refinance the 1994 Loan and in connection therewith has requested RRHA to issue its Taxable Redevelopment Revenue Bonds (Hotel Roanoke Project), Series 1998, in a principal amount not to exceed $6,000,000 (the "Bonds") and loan the proceeds of the Bonds to the Foundation (1) to prepay the outstanding principal balance of the 1994 Loan, (2) to fund a debt service reserve fund for the Bonds, and (3) to pay the cost of issuing the Bonds; and WHEREAS, the Foundation and the Hotel Operating Company wish to establish a working capital line of credit in a principal amount not to exceed $250,000 (such maximum amount to be increased from time to time in proportion to increases in the Consumer Price Index), which line of credit would be unsecured, but would be payable from the Facility's revenues on a parity basis with the Bonds (the "Line of Credit"); and WHEREAS, paragraph 2(v) of the § 108 Loan Agreement provides that, unless approved by the City, RRHA and HUD, the entire outstanding principal balance of and accrued interest on the §108 Loan shall become immediately due and payable upon the refmancing of the Facility; and WHEREAS, by resolution adopted February 9, 1998, RRI-IA has approved the proposed refinancing of the Facility and has requested that the City also approve, and seek HUD's approval of, the proposed refinancing of the Facility; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia as follows: 1. The City hereby finds that the proposed refinancing of the 1994 Bank Loan, the issuance of the Bonds and the Line of Credit will improve the operating efficiency of the Facility and will enhance the ability of the Hotel Operating Company and the Foundation to pay the operating expenses of the Facility and to repay the Bonds, the § 108 Loan and other borrowings in a timely manner. 2. The City hereby approves the proposed refinancing of the 1994 Bank Loan and the issuance by RRHA of the Bonds and agrees that the refinancing shall not cause an acceleration of the outstanding principal and accrued interest of the § 108 Loan. 3. The City hereby acknowledges that the Bonds will replace the 1994 Bank Loan and agrees that the Bonds and the Line of Credit will be considered to be the "First Mortgage Loan," as defined and for the purposes provided in the Cooperation Agreement, dated November 8, 1993, between RRHA, the Foundation, the Hotel Operating Company, Virginia Tech Real Estate Foundation, Inc. and the Hotel Roanoke Conference Center Commission, provided that the Line of Credit shall be considered a part of the First Mortgage loan only in the event the Line of the Credit has the following terms: (a) a principal amount not to exceed $250,000, subject to an increase each year in the same percentage as the increase in the Consumer Price Index for the Roanoke area; (b) a requirement that any principal advances hereunder be repaid within twelve (12) months; and (c) an interest rate not to exceed the prevailing prime rate plus 100 basis points. 4. The City Manager is authorized and directed to execute and deliver on behalf of the City any and all agreements, instruments, documents or certificates, and to do and perform such things and acts, as he shall deem necessary or appropriate to carry out the transactions authorized or contemplated by this resolution, including without limitation a subordination agreement providing for a subordination of the liens securing the § 108 Loan to the liens securing the Bonds, and, if necessary, the Clerk and the Deputy Clerk of the City are each authorized and directed to countersign any such agreements, instruments, documents and certificates on behalf of the City. The City Manager is further authorized and directed to seek the approval of HUD for the proposed re£mancing of the Facility. Each officer of the City is authorized and directed to execute and deliver on behalf of the City such other agreements, instruments, documents or certificates, and, together with the staff of the City, to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this resolution. All of the foregoing previously done or performed by any officer or employee of the City are in all respects confmned, ratified and approved. 5. This resolution shall take effect immediately upon its adoption; provided that the City will not enter into the transactions described herein unless and until HUD has given the approvals or consent, required by it to effect such transactions. ATTEST: City Clerk. 4 CERTIFICATE The City Clerk of the City of Roanoke, Virginia hereby certifies that the foregoing is a tree, correct and complete copy of a resolution duly adopted by a majority of the members of the Council of the City of Roanoke, Virginia present and voting at a meeting duly called and held on February 17, 1998, and that such resolution has not been repealed, revoked, rescinded or amended, but is in full force and effect on the date hereof. WITNESS my hand and the seal of the City of Roanoke, Virginia this day of February, 1998. City Clerk, City of Roanoke, Virginia [SEAL] H:XMEASURES\R-ItOTREF. 1 RECEIVED CITY CLEi~'..-:.:,!, !!:F;{;.: '98 FEB12 P2:29 February 17, 1998 98-03 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, Virginia 24011 Dear Mayor and Members of Roanoke City Council RE: Request for Approval of the Proposed Refinancing of the Hotel Roanoke and for the City Manager to Seek an Amendment to the Section 108 Loan Pertaining to the Refinancing BACKGROUND Ao H.R. Foundation, Inc., a Virginia non-stock corporation owns a hotel facility known as the Hotel Roanoke which is located within a redevelopment area created by the City of Roanoke Redevelopment and Housing Authority in the City of Roanoke, Va. Bo In 1994, a consortium of lenders made a loan not to exceed $6,500,000 to the Hotel Roanoke, EEC., the hotel operating company, to help finance the planning, development, construction, and rehabilitation of the Hotel Roanoke. Co November 15, 1993 a loan guaranteed by the United States Department of Housing and Urban Development was made to the Hotel Roanoke L.L.C. in the amount of $6,000,000 pursuant to a Section 108 Loan Agreement between the City of Roanoke, the Roanoke Redevelopment and Housing Authority and the Hotel Roanoke EEC. Do The 1994 Bank Loan and the Section 108 Loan are secured by liens on the real estate and personal property associated with the Hotel Roanoke provided that the liens securing the Section 108 Loan are subordinated to the liens securing the 1994 Bank Loan. The Honorable David A. Bowers, Mayor and Members of City Council February 17, 1998 Page Two II. CURRENT SITUATION The H.R. Foundation proposes to refinance the 1994 Bank Loan and has requested the Roanoke Redevelopment and Housing Authority to issue its Taxable Redevelopment Revenue bonds ( Hotel Roanoke Project), Series 1998, in the principal amount not to exceed $6,000,000 and loan the proceeds of the Bonds to the H.R. Foundation in order to: 1. Prepay the outstanding principal balance of the 1994 Bank Loan; Significantly improve the interest rate and the overall debt service requirements of the current bank loan; o Significantly improve the revenues available to pay principal and interest on the HUD 108 Loan; 4. Fund a debt service reserve fund for the Bonds; 5. Pay the cost of issuing the Bonds. The Section 108 Loan Agreement provides that unless approved by the City of Roanoke, the Roanoke Redevelopment and Housing Authority and the United States Department of Housing and Urban Development, the entire outstanding principal balance of and accrued interest on the Section 108 Loan shall become immediately due and payable upon any refinancing of the Hotel Roanoke. February 9, 1998, the Redevelopment and Housing Authority approved the proposed refinancing of the Hotel Roanoke and has requested that the City of Roanoke also approve and seek HUD's approval of the proposed refinancing of the Hotel Roanoke. III. ISSUES A. B. Financial benefit to the City and the community. Timing to insure co-ordination with the refinancing of the Hotel Roanoke C. Legal requirements. The Honorable David A. Bowers, Mayor and Members of City Council February 17, 1998 Page Three IV. Alternatives Ao City Council approve the refinancing of the 1994 Bank Loan by the H. R. Foundation, and the city's entry into a subordination agreement subordinating the liens securing the Section 108 Loan to the liens securing the refinanced first mortgage debt, and authorize the City Manager to request and execute an amendment to Section 2 (v) of the Section 108 Loan Agreement. Financial benefit to the City and the Community as a whole will result as the refinancing will strengthen the overall financial position of the Hotel Roanoke and improve its ability to meet its obligations with regards to the Section 108 Loan. Timing will be assured to permit the refinancing of the bank loan to proceed and for the City to request an amendment to the Section 108 Loan Agreement. Legal requirements of the refinancing and the Section 108 Loan would be met. City Council not approve the refinancing of the 1994 Bank Loan by the H.R. Foundation and for the city of Roanoke not to enter into a subordination agreement subordinating the liens securing the Section 108 Loan to the liens securing the refinanced first mortgage debt and does not instruct the City Manager to request an amendment to the Section 108 Loan Agreement. Financial benefit to the City and the community will not be enhanced by the improved financial position of the Hotel Roanoke and its ability to meet its obligations with regards to the repayment of the Section 108 Loan. Timing will not be an issue as the proposed refinancing will be unable to proceed. Legal requirements of the transaction will not be met and the refinancing will be unable to proceed. The Honorable David A. Bowers, Mayor and Members of City Council February 17, 1998 Page Four The Recommendation is that City Council concur with Alternative A and approve the refinancing of the 1994 Bank Loan by the H.R. Foundation; approve the city's entry into a subordination agreement subordinating the liens securing the Section 108 Loan to the liens securing the refinanced first mortgage debt; and authorize the City Manager to request and execute an amendment to the Section 108 Loan Agreement. Respectfully submitted, W. Robert Herbert City Manager Attachments WRH/DJM/dh cc: City Attorney Director of Finance City Clerk Grants Compliance Assistant to the City Manager for Special Projects I~OKE ~ AND HOUSING ORITY 'artners in Progress January 22, 1008 Mr. W. Robert Herbert, City Manager City of Roanoke 215 Church Avenue, Rom. 364 Roanoke, VA 24011 In Re: Hotel Roanoke Refinancing Dear Bob: As you know, the initial financing for the Hotel Roanoke renovation included a $6,000,000 HUD- guaranteed loan from the City through the City of Roanoke Redevelopment and Housing Authority (RRHA) to the Hotel (the HUD Loan), together with a loan of up to $6,500,000 made to the Hotel by a consortium of banks and other institutional lenders led by First Union National Bank (the Bank Loan). Both loans were secured with deeds of trust on the Hotel real estate, as well as with liens on the Hotel's personal property. The deed of trust and personalty liens securing the HUD Loan are subordinated to the Bank Loan. The Hotel has decided to refinance the Bank Loan and has requested RRHA to issue its revenue bonds and lend the proceeds thereof to the Hotel, to be used to repay the Bank Loan. RRHA's bonds would be secured by a first priority deed of trust on the Hotel and a first priority security interest in the Hotel's personal property. Craigie, Inc. will act as underwriter of the bond issue. The bonds would not be general obligations of the Authority, but would be payable solely from moneys payable by the Hotel to the Authority pursuant to a Financing Agreement and are not obligations of the City, the Commonwealth or RRHA. Simply put, the bond financing would replace the Bank Loan and would also assume the first priority security position of the Bank Loan. Along with the new bond financing, the Hotel also wishes to obtain a working capital line of credit for $250,000 (to be increased from time to time in proportion to increases in the CPI) from a commercial bank. The line of credit would be unsecured, but would be payable from the Hotel's revenues on a parity basis with the new bonds. After reviewing the attached summary of the proposed refinancing and the benefits that will accrue to the Hotel as a result, it is clear that the terms of the refinanced debt are significantly more thvorable to the Hotel than were the terms of the Bank Loan being refinanced. Due to a significantly better interest rate, the overall debt service requirements for the revenue bond financing are substantially less than tbr the Bank Loan, making more revenues available to pay principal and interest on the HUD Loan. The Hotel also benefits from a 20 year principal amortization for the bonds, as compared with a large balloon principal payment coming due under the Bank Loan in less than 5 years. P.O. Box 6359 · Roanoke. Virginia 24017-0359 2624 Sale~n Turnpike. N.W. · Roanoke, Virginia 24017-5334 Telephone (540) 983-9281 · TDD (540) 983-9217 · Fat (540) 983-9229 January 22, 1998 Page 2 However, under the terms of the HUD Loan, the refinancing of the Bank Loan will trigger an immediate acceleration of outstanding principal of and accrued interest on the HUD Loan unless RRHA, the City and HUD agree otherwise. Without such agreement, it is clear the proposed refinancing of the Bank Loan cannot proceed. Accordingly, the Hotel has requested that RRHA, the City, and HUD approve the proposed refinancing of the Bank Loan and prevent an acceleration of the outstanding principal of and interest on the HUD Loan. RRHA, the City and HUD would also need to execute a subordination agreement in order to permit the refinancing bonds to assume the first priority security position of the Bank Loan. At their regular meeting on February 9, 1998, the Commissioners of RRHA approved issuance of the bonds and execution of a subordination agreement for the HUD Loan to prevent acceleration of the HUD Loan upon execution of the proposed financing. This action is subject to approval by the City and HUD. Because the proposed refinancing of the Bank Loan, as shown on the attached summary of benefits, will not adversely affect the HUD Loan, and actually will significantly improve the financial position of the Hotel, we believe the proposed refinancing is desirable and should be permitted to go forward. However, it is unlikely that the Hotel would be able to pay the entire outstanding principal and accrued interest on the HUD Loan if an immediate acceleration of that loan were triggered by the proposed financing. Accordingly, RRHA requests that the City give its approval, and seek the approval of HUD, for the proposed refinancing in order to prevent the acceleration of the HUD Loan upon consummation of the proposed refinancing. We believe that the proposed refinancing of the Bank Loan is in tile best interest of the Hotel, RRHA, the City and HUD, as well as our community as a whole. If you have any questions or if we may be of any further assistance, please do not hesitate to call. Best regards. Sincerely, ~~.:~ Baker, Ex~ecutive Director C-ity'°f Roanoke Redevelopment and Housing Authority Attachments CCi Wilburn C. Dibling, Jr. City Attorney, City of Roanoke George J. A. Clemo, Counsel to City of Roanoke Redevelopment & Housing Authority Mode A. Johnson, Virginia Tech George B. Pugh, Jr., Craigie, Inc. Sandra J. McNinch, Bond Counsel January 22, 1998 Page 3 Eric E. Ballou, Counsel to Craigie, Inc. ~V~CE COPY February 17, 1998 98-03 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, Virginia 24011 Dear Mayor and Members of Roanoke City Council RE: Request for Approval of the Proposed Refinancing of the Hotel Roanoke and for the City Manager to Seek an Amendment to the Section 108 Loan Pertaining to the Refinancing BACKGROUND Ao H.R. Foundation, Inc., a Virginia non-stock corporation owns a hotel facility known as the Hotel Roanoke which is located within a redevelopment area created by the City of Roanoke Redevelopment and Housing Authority in the City of Roanoke, Va. Bo In 1994, a consortium of lenders made a loan not to exceed $6,500,000 to the Hotel Roanoke, L.L.C., the hotel operating company, to help finance the planning, development, construction, and rehabilitation of the Hotel Roanoke. Co November 15, 1993 a loan .cjuaranteed by the United States Department of Housing and Urban Development was made to the Hotel Roanoke L.L.C. in the amount of $6,000,000 pursuant to a Section 108 Loan Agreement between the City of Roanoke, the Roanoke Redevelopment and Housing Authority and the Hotel Roanoke EEC. Do The 1994 Bank Loan and the Section 108 Loan are secured by liens on the real estate and personal property associated with the Hotel Roanoke provided that the liens securing the Section 108 Loan are subordinated in the liens securing the 1994 Bank Loan. The Honorable David A. Bowers, Mayor and Members of City Council February 17, 1998 Page Two II. CURRENT SITUATION Ao The H.R. Foundation proposes to refinance the 1994 Bank Loan and has requested the Roanoke Redevelopment and Housing Authority to issue its Taxable Redevelopment Revenue bonds ( Hotel Roanoke Project), Series 1998, in the principal amount not to exceed $6,000,000 and loan the proceeds of the Bonds to the H.R. Foundation in order to: 1. Prepay the outstanding principal balance of the 1994 Bank Loan; Significantly improve the interest rate and the overall debt service requirements of the current bank loan; o Significantly improve the revenues available to pay principal and interest on the HUD 108 Loan; 4. Fund a debt service reserve fund for the Bonds; 5. Pay the cost of issuing the Bonds. B. The H. R. Foundation and the Hotel Roanoke L.L.C. wish to establish a Co D° workin.q capital line of credit in the principal amount not to exceed $250,000 (such maximum amount to be increased from time to time in proportion to increases in the Consumer Price Index.) This line of credit would be unsecured but would be payable from the Hotel Roanoke's revenues on a parity basis with the bonds to be issued by the Roanoke Redevelopment and Housing Authority. Section 2(v) of the Section 108 Loan A,qreement provides that unless approved by the City of Roanoke, the Roanoke Redevelopment and Housing Authority and the United States Department of Housing and Urban Development, the entire outstanding principal balance of and accrued interest on the Section 108 Loan shall become immediately due and payable upon any refinancing of the Hotel Roanoke. February 9, 1998, the Redevelopment and Housing Authority approved the proposed refinancing of the Hotel Roanoke and has requested that the City of Roanoke also approve and seek HUD's approval of the proposed refinancing of the Hotel Roanoke. The Honorable David A. Bowers, Mayor and Members of City Council February 17, 1998 Page Three III. ISSUES A. Financial benefit to the City and the community. B. Timin.q to insure co-ordination with the refinancing of the Hotel Roanoke C. Legal requirements. IV. Altematives Ao City Council shall approve the refinancing of the 1994 Bank Loan by the H. R. Foundation, and for the City of Roanoke to enter into a subordination agreement subordinating the liens securing the Section 108 Loan to the liens securing the refinanced first mortgage debt, and instructs the City Manager to request an amendment to Section 2 (v) of the Section 108 Loan Agreement. Financial benefit to the City and the Community as a whole will result as the refinancing will strengthen the overall financial position of the Hotel Roanoke and improve its ability to meet its obligations with regards to the Section 108 Loan. Timing will be assured to permit the refinancing of the bank loan to proceed and for the City to request an amendment to Section 2(v) of the Section 108 Loan Agreement. 3. Le.qal requirements of the refinancing and the Section 108 Loan would be met. Bo City Council not approve the refinancing of the 1994 Bank Loan by the H.R. Foundation and for the city of Roanoke not to enter into a subordination agreement subordinating the liens securing the Section 108 Loan to the liens securing the refinanced first mortgage debt and does not instruct the City Manager to request an amendment to Section 2(v) of the Section 108 Loan Agreement. The Honorable David A. Bowers, Mayor and Members of City Council February 17, 1998 Page Four Financial benefit to the City and the community will not be enhanced by the improved financial position of the Hotel Roanoke and its ability to meet its obligations with regards to the repayment of the Section 108 Loan. Timin.q will not be an issue as the proposed refinancing will be unable to proceed. Le.qal requirements of the transaction will not be met and the refinancing will be unable to proceed. The Recommendation is that City Council concur with Alternative A and approve the refinancing of the 1994 Bank Loan by the H.R. Foundation, approve that the City of Roanoke enter into a subordination agreement subordinating the liens securing the Section 108 Loan to the liens securing the refinanced first mortgage debt and instructs the City Manager to request an amendment to Section 2(v) of the Section 108 Loan Agreement. Respectfully submitted, W. Robert Herbert City Manager Attachments WRH/DJMIdh cc: City Attorney Director of Finance v~,ity Clerk Grants Compliance Assistant to the City Manager for Special Projects WILBURN C. DIBLING, JR. CITY A'I'rORNEY CITY OF ROANOKE OFFICE OF CITY ATI'ORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-243 I FACSIMILE: 540-853-1221 E-MAIL:city~y Oc~.roasm~.vt us February 10, 1998 WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY ATTORNEYS George J. A. Clemo, Esquire Woods, Rogers & Hnzlegrove P. O. Box 14125 Roanoke, Virginia 24038-4125 Re: Hotel Roanoke Refinancing Dear George: Thank you for the package of information you sent to me on January 30, 1998, relating to the proposed Hotel Roanoke refinancing. I understand the Hotel Roanoke proposes to improve its financial position by refinancing its first mortgage bank loan by means of a taxable revenue bond financing through the City of Roanoke Redevelopment and Housing Authority. Without an amendment to the Section 108 HUD-guaranteed loan made through the City and the Authority to the Hotel, the refinancing would cause an immediate acceleration of the Section 108 loan and move the Section 108 loan into first priority position ahead of the refinancing revenue bond issue. Therefore, it is desired that the City, the Authority and HUD agree that the refinancing will not cause an immediate acceleration of outstanding principal of and accrued interest on the HUD loan and that the Section 108 loan remain in its current second priority position. You are correct that amendment of the HUD loan agreement to make the above- described refinancing feasible will require the approval of City Council as well as HUD. If City Council grants its approval of the required amendment, then the City Manager will requ_e_s_tj~at..HU~...grant i~ ap.proval. In this regard, I have reviewed the draft letter you ~'pareo or mr. l-iemerrs s~gnature. I would suggest that this letter reference the resolution of City Council authorizing the City Manager, on behalf of the City, to execute the loan agreement. George J. A. Clemo, Esquire February 10, 1998 Page 2 In your letter, you indicated that you would be forwarding a draft resolution for consideration by City Council. I have received f~om Debbie Moses of the City Manager's Office a draft resolution for City Council apparently prepared by Sandra McNinch of Mays & Valentine. I assume you have this draft and that you and Ms. McNinch will collaborate on this document. For your information, City Council meets on March 2 and 16. Since the City Manager's staff will need to prepare a Council report as to the refinancing you should transmit Mr. Baker's letter to Mr. Herbert as soon as possible. With kindest personal regards, I mn Sincc'~l~ yours, Wilbum C. Dibling, Jr. City Attorney WCD:f cc: W. Robert Herbert, City Manager v~eboes D. G-risso, Director of Finance rah J. Moses, Assistant to the City Manager for Special Projects Frank E. Baretta, Ch'ants Specialist 02/11/98 WED 08:37 FAZ 540 953 9229 REE REI)EY HOUSING [~002 AND HOUSING AI/ ORI'IY Partners in Progress January' 22, it)¢)8 Mr. W. Rober~ Herbert, City Manager City of Roanoke 215 Church Avenue, Rom. Roanoke, VA 24011 In Re: 14otel Roanoke Refinancing Dear Bob: As you know, the initial financing for the Hotel Roanoke renovation included a $6,000,000 HUD- guaranteed loan ~om the City through the City of' Roanoke Redevelopment and Housing Authority .(T,.RHA) to the Hotel (the HUD Loan), together with a loan of'up to S6,,'i00,000 made to the Hotel by a consortium ofbanks and other institutional lenders led by First Union National Bank (the Bank Loan). Both loans were .,,soured with deeds of'trust on the Hotel real estate, as well as with liens on the Hotel's personal property. The deed of'trust and personalty liens securing the HUD Loan are subordinated to the Bank Loan. The Hotel has decided to refinance the Bank Loan and has requested RRHA to issue its revenue bonds and lend the prooeeds thereof to the Hotd, to be used to repay the Bank Loan. RRI4A's bonds would be secured by a first priority deed of'trust on the Hotel end a first priority security interest in the Hoters personal property. Craigie, Inc. will act ss underwriter of the bond issue. The bonds would not be general obli~tions of the Authority. but would be payable solely from moneys payable by the Hotel to the Authority pursuant to a Financing Agreement and -,re not obligations of' the City, the Commonwealth or RRHA. Simply put, the bond financing would replace the Bank Loan and would also assume the first priority security position of'the Bank Loan. Along with the new bond financing, the Hotel also wishes to obtain a working capital line ot' credit for $250,000 (to be increased Rom thne to time in proportion to increases in the CPI) from a commercial bank. The line of credit would be unsecured, but would be payable from the Hotel's revenues on a parity ba,,gs with the new bonds. After reviewing thc attached summary of' the proposed refinancing and the benefits that will accrue to the Hotel as a result, it is cleat that the terms of'the refinanced debt are significantly more favorable to the Hotel than were the terms of' the Bank Loan being refinanced. Due to a significantly better interest rate, thc-overall debt service requirements for the revenue bond financln& arc substantially less titan for tho LTank Loan. re&kin§ more revenues available to pay principal and interest on the HUD Loan. The Hotel also benefits ~om a 20 year principsJ amortization tbr the bonds, as compared with a large balloon principal payment coming due under the Bank Loan in 1ess than .~ years. 262a ,Tale., rar~,ke, A',W · R~ew~, Wr~ada 02/~/9~ ~ 0~:38 ~AZ 540 ~85 9~29 ~ RED~ 1~003 January 22, 19911 However, under the terms of' the HUD Loan, the refinancing of the Bank Loan will trilt~er nn immediate acceleration of outstanding principal of' and accrued interest on the HUD Loan unless R.R. HA, the City and HUD nl~ree otherwise. Without such al.~'eement, it is clear the proposed refinanc~g of'the Bank Loan cannot proceed. Accordingly, the Hotel hu requested that RRI-IA, the City, and FfUD approve the proposed refinancing of the Bank Loan and prevent an acceleration of the outstandinl[principal of and interest on the H1,rD Loan. RRHA, the City and HUD would also need to execute a subordination ntlreement in order to permit the r~nancinl~ bonds to assume the mst priority' security position ortho Bank Loan. At their regul~ meeting on February 9. ! 9t)8, the Commissioners of'lCi~,14A approved isnmnce of the bonds and exocutioa cfa subordination agreement for the HUD Loan to prevent acceleration of the HUD Loan upon execution of the proposed financing. This a~on is subject to approval by the City and HUD. Because the proposed refinancing of the Bank Loan` as shown on the attached summary oFbenefits. will not adve~ely a~ect the HUD Loan, and actually will si~iflcantly improve the financial position of'the Floral, we believe the proposed r~nancin8 is desirable and ~hould be permitted to go forward. However. it ia unlikely that the Hotel would be able to pay the entire outstanding principal and accrued interest on the HUD Loan if'an immediate acceleration of'that loan were triggered by the proposed financing. Accordinl~ly, RRHA requests that the City ~ its approval, and seek the approval of'HUD, for the proposed re~man0in$ in order to prevent the acceleration of'the HUD Loan upon consummation of the proposed reSnandn8. We believe that the pro~ refirm, ncing of tho Bank Loan is in the best interest of the Hotel, RRHA, the City and'HUD, as well as our community as a whole. If'you have any questions or it'we may be of'any further assistance, please do not hesitate to call. Best regards. Sincerely, Housing Authority Attachments 0¢: Wilburn C. Dibling, Jr. City Attorney, City of'Roanoke Oeorl~e J. A. Clemo, Counsel to City of Roanoke Redevelopment & Housing Autl~ority Mode A. Johnson, Virginia Tach George B. Pugh, Jr., Craigie, inc. Sandra J. McNinclL Bond Counsel 02/11/98 WED 08:39 PAX 840 983 9229 REDE',' 0O4 January22. Page Eric E. Baltou, Counsel to Craigic, Inc. .T~ :~, 1998 ;oseph Ava~auo Dim~r of Comm~ni~ Plsmfins md Development United st~s ~t of Housi~ md Urban Development Richmond, Virginia 23219 Project / C. nm~No. B-91-MC-51-002~ (HUD Cmnmmeed §lOg Loan f~ the Hotel Demr Mr. Aversmao: As descn~l in ~he ~ le~er to .me from John Baker, Executive DLmc~r of the CRy of Roaubke Redevelopm~ md Hous/ng Amtmdty, the Hotel Roznok~ is seek/~ to x~.fimmce fl~e fn~t mortga~ loan made to it by a comortimn of financial i~dmfious, led by F'n~t Union Nstlo~! Bank. The ~tv~u~ ~ the Hotel of~ ~he Bank deb~ are outlined inMr. Baker's lcttcr asree lo permR g~ ~ ~ occm wRho~ tril~gering an ~celer~on of ds: above-mentioned This would require ~be Housing Autl~odty, ~e City and HOD to eum' ~ m m~udm~t to a~e Section 10g Loan A~e~mmg ss well m a ~on ,,greem~m~ ~ the lkms secur~ The City ~ fully wi~h ~hc Housing A- ~_modty in agreeing to the Hotel's reques~ and asks fl~st HUD gram the ~ ~ to permit d~e ~ ofth~ Hotel's first ~ debt to proce~ hisckarth~t~~~~ s~agthmthe Hotel's overall ~ position and, ~ ~ ~ i .m!a~ovo its ~billty to racet its obligations with xegard lo th~ § 108 · loan. prepm~ and ~ for review by the Housi~ A~W, ~ OW ~ ~- h order for ~he Hotel end the Homi~ A~mdty to proceed with ~he proposed ref~muci~ cxped/tiously, I would ~ 0~41-01 Please do not he.s/fate to contact me if you have any questions. Tlmnk you for your prompt assistall~ w/th thi~ Illatter. Sincerely, cc: W. Robot Herbert, City Ma~a~r Cily of Roanoke, V~a $ohn Baker, Bxecutive ~r, Roanoke Redevelopment and Housing Authority W'dhun C. Dibiiug, Jr., City AUorney, City of Romoke George J.A. Clemo, Co-~_~l to City of Roanoke Redevelo~t sma Housln~ Authority Mode A. $ohm~ Vir~'ni, Tech C. veo~ B. Pug, h, Jr., C. migie, It~c. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 February 19, 1998 File ~60-123-472 SANDRA H. EAKIN Deputy City Clerk David Hale, Supervisor Johnson Controls, Incorporated 2630 Broadway, S. W. Roanoke, Virginia 24014 Dear Mr. Hale: I am enclosing copy of Ordinance No. 33728-021798, accepting the bid of Johnson Controls, Inc., in the total amount of $124,950.00, for removal and replacement of the chiller and cooling tower at the Roanoke City Jail. The abovereferanced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 17, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Enclosure pc: Wilburn C. Dibling, Jr., City Attorney William F. Clark, Director, Public Works The Honorable George W. McMillan, Sheriff Delores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Diane $. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management The Honorable Sherman A. Holland, Commissioner of the Revenue H:~GENDAg~=EB17.WI=O 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 February 19, 1998 File ~60-123-472 SANDRA H. EAKIN Deputy City Clerk Gary W. Jarrell, Manager Capitol Boiler Works, Inc. 707 Kessler Mill Road Salem, Virginia 24153 W. H. Overstreet, Executive Vice President G. J. Hopkins, Inc. 714 5th Street, N. E. Roanoke, Virginia 24016 Phillip V. Prillaman, President Prillaman & Pace, Inc. P. O. Box 4667 Martinsville, Virginia 24115 Brenda G. Dalton, President Tune and Toler, Inc. 61 North Main Street Chatham, Virginia 24531 Paul R. Denham, Vice President Southern Air, Inc. 2655 Lakeside Drive Lynchburg, Virginia 24501 Paul W. Monaghan, Vice President Varney Electric Company, Inc. 1701 Shenandoah Avenue, N. W. Roanoke, Virginia 24017 George K. Taylor, President Process Piping and Welding, Inc. P. O. Box 155 Evergreen, Virginia 23939 Dusti C. Snider, Second Vice President Parson & Lusk, Inc. Rt. 2, Box 780 Bluefield, West Virginia, 24701 Jerry Gray, Vice President Newcomb Electric Company, Inc. 2708 Shenandoah Avenue, N. W. Roanoke, Virginia 24017 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 33728-021798, accepting the bid of Johnson Controls, Inc., in the total amount of $124,950.00, for removal and replacement of the H:~M3ENDAg~EB17,WI~) Gary W. Jarrell W. H. Overstreet Phillip V. Prillaman Brenda G. Dalton. Paul R. Denham Paul W. Monaghan George K. Taylor Dusti C. Snider Jerry Gray February 19, 1998 Page 2 chiller and cooling tower at the Roanoke City'Jail. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 17, 1998. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, ~~ Mary F. Parker, CMCIAAE City Clerk MFP:Io Enclosure HNM3~I 7.WINO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1998. No. 33728-021798. AN ORDINANCE accepting the bid of Johnson Controls, Inc., for the removal and replacement of the chiller and cooling tower at the Roanoke City Jail, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting aH 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 J'ohnson Controls, Inc., in the total amount of $124,950 for the removal and replacement of the chiller and cooling tower at the Roanoke City Jail, as is more particularly set forth in the City Manager's report dated February 17, 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 aH 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. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. 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 February 19, 1998 File ~60-123-472 SANDRA H. EAKIN Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33727-021798, amending and reordaining certain sections of the 1997-98 General and Capital Projects Fund Appropriations, providing for appropriation of $132,350.00 in connection with award of a lump sum contract to Johnson Controls, Inc., in the amount of $124,950.00, for removal and replacement of the chiller and cooling tower at the Roanoke City Jail. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 17, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: Wilburn C. Dibling, Jr., City Attorney William F. Clark, Director, Public Works The Honorable George W. McMillan, Sheriff 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 The Honorable Sherman A. Holland, Commissioner of the Revenue H:~AGEN~IT.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of February, 1998. No. 33727-021798. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General and 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 1997-98 General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfers to Other Funds (1) ................................ Fund Balance Reserved for CMERP - City (2) ............................... Capital Projects Fund Appropriations Public Safety Jail Chilling & Cooling Tower (3) ............................. 1) Transfers to Capital Projects Fund 2) Reserved for CMERP - City 3) Appropriated from General Revenue (001-004-9310-9508) (001-3323) (008-052-9674-9003) $ 132,350 (132,350) 132,350 $58,139,532 57,407,427 $ 3,544,865 $ 290,350 132,350 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECE~/ED CITY ?, ~R}~i ,'}'T~"~]i '98 FEB 10 Honorable Mayor and Members of City Council Roanoke, Virginia A 8 Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT ROANOKE CITY JAIL CHILLER AND COOLING TOWER REMOVAL AND REPLACEMENT BID NO. 97-12-13 February 17, 1998 Council Report No. 98-109 We, the undersigned Bid Committee, hereby submit the attached report for your consideration. William F. Clark George//l~. M~Mill~fn, S~qeriff JHP/LBC/fm Attachment: Bid Committee Report C: City Attorney City Clerk Director of Finance Director of Public Works City Sheriff Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue February 17, 1998 Council Report No. 98-109 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT ROANOKE CITY JAIL CHILLER AND COOLING TOWER REMOVAL AND REPLACEMENT BID NO. 97-12-13 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/LBC/fm Attachment: Bid Committee Report C: City Attorney City Clerk Director of Finance Director of Public Works City Sheriff Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue February 17, 1998 Council Report No. 98-109 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT ROANOKE CITY JAIL CHILLER AND COOLING TOWER REMOVAL AND REPLACEMENT BID NO. 97-12-13 Background on the subject in chronological order is as follows: Bids, fQII0wino Drooer advertisement, were publicly opened and read aloud by D. D. Roupe, Manager of Supply Management, on January 22, 1998, at 2:00 Ten (10) bids were received with Johnson Controls, Inc. of Roanoke, Virginia submitting the Iow bid in the amount of t~124.950 with the work to be completed on or before June 1. 1998. (The extensive lead time is required for a 250 ton chiller and the accompanying cooling time.) C. Project consists of the following: Removal and replacement of the present chiller from the basement and the cooling tower from the main roof of the jail. The chiller is charged with the old refrigerant (CFC) which has to be carefully removed and disposed of properly. It has also been rebuilt two times in the 20 years it has been in use. II. Current ~ituation is as follows: A. Project has been bid and contract needs to be executed. III. Issues in order of importance are as follows: A. Compliance of the bidders with the requirements of the contract documents for bidding B. AmQunt of the Iow bid C. Fundino of the project D. Time of c0mDletion Honorable Mayor and Members of City Council BID COMMITTEE REPORT ROANOKE CITY JAIL CHILLER AND COOLING TOWER REMOVAL AND REPLACEMENT BID NO. 97-12-13 February 17, 1998 Page 2 IV. Alternatives in order of feasibility are as follows: Award a lump sum contract to Johnson Controls, Inc., of Roanoke, Virginia in the amount of ~124,950 and a specified completion date of June 1, 1998, in accordance with the contract documents as prepared by Lawrence Perry and Associates, Inc., Consulting Engineers. 1. Compliance of the bidders with the requirements of the contract documents for bidding was met. Amount of the Iow bid is acceptable. Fundino is available through the CMERP Program. Time of completion is specified as June 1, 1998 which is acceptable to the City of Roanoke and the contractor. Reject the bids and do not award a contract at this time. 1. Compliance of the bidders with the requirements of the contract documents for bidding would not be an issue. 2. Amount of the Iow bid would probably not decrease appreciably if re-bid at a later date. 3. Funding would not be encumbered at this time. 4. Time of ¢gmpletion would be extended. Air conditioning would not be available for the upcoming summer months. Recommendation is as follows: City Council concur in alternative "A" and take the following action: Authorize the City Manager to enter into a contractual aoreement, in form approved by the City Attorney, with Johnson Controls, Inc., of Roanoke, Virginia for the Chiller and Cooling Tower Removal and Replacement at the City Jail, in accordance with the contract documents as prepared by Lawrence Perry and Associates, Inc., Consulting Engineers, in the amount of $124,950 with work to be completed by June 1, 1998. Honorable Mayor and Members of City Council BID COMMITTEE REPORT ROANOKE CITY JAIL CHILLER AND COOLING TOWER REMOVAL AND REPLACEMENT BID NO. 97-12-13 February 17, 1998 Page 3 Co Appropriate ~132.350 from the CMERP Program to an account to be established by the Director of Finance in the Capital Projects Fund entitled City Jail Chiller & Cooling Tower Removal and Replacement as follows: Contract amount Project contingency Project total $124,950 7,400 $132,350 Reject the other bids received. LBC/fm Attachment: Bid Tabulation C; City Attorney City Clerk Director of Finance Director of Public Works City Sheriff 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 ROANOKE CITY JAIL CHILLER AND COOLING TOWER REMOVAL AND REPLACEMENT BID NO. 97-12-13 Bids were opened by D. Darwin Roupe, Manger, Office of Supply Management, on Thursday, January 22, 1998, at 2:00 p.m. BIDDER LUMP SUM BID BOND Johnson Controls, Inc. $124,950 Yes Capitol Boiler Works, Inc. $135,638 Yes Southern Air, Incorporated $146,500 Yes G. J. Hopkins, Inc. $167,900 Yes Varney Electric Company, Incorporated t~169,315 Yes Prillaman & Pace, Inc. $195,967 Yes Process Piping and Welding, Inc. $201,486 Yes Tune and Toler, Inc. $204,000 Yes Parson & Lusk, Inc. $204,840 Yes Newcomb Electric Co., Inc. $276,000 Yes Estimated Cost: t~ 130,000 to $140.000 Lawrence Perry and Associates, Inc. 30 W. Church Avenue Roanoke, Virginia Office of the City Engineer Roanoke, Virginia February 17, 1998 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 February 19, 1998 File #110-207 SANDRA H. EAKIN Deputy City Clerk Ms. S. Deborah Oyler 243 Plymouth Drive Roanoke, Virginia 24019 Dear Ms. Oyler: I am enclosing copy of Resolution No. 33729-021798, appointing you as a Director of the Industrial Development Authority of the City of Roanoke, to fill a four year term on its Board of Directors, and waiving the requirement of City residency. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 17, 1998. Enclosed you will find a certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the Third Floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were appointed. For your information and pursuant to Section 2.1-341.1 Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. On behalf of the Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a Director of the Industrial Development Authority. Sincerely, Mary F. Parker, CMC/AAE City Clerk H:~,a, GENDAg~FEB17.WPO S. Deborah Oyler February 19, 1998 Page 2 MFP:Io Enclosure pc: Margaret R. Baker, Secretary, Industrial Development Authority of the City of Roanoke, 2140 Windsor Avenue, S. W., Roanoke, Virginia 24015 Sandra H. Eakin, Deputy City Clerk H:~A(3 ENDA~'EB1 ?.WPO 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 17th day of February, 1998, S. DEBORAH OYLER was appointed as a Director of the Industrial Development Authority of the City of Roanoke for a term ending October 20, 2001. Given under my hand and the Seal of the City of Roanoke this 20th day of February, 1998. City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 1998. No. 33729-021798. A RESOLUTION appointing a Director of the Industrial Development Authority of the City of Roanoke, to fill a four (4) year term on its Board of Directors and waiving the requirement of City residency. WHEREAS, the Council is advised that Russell O. Hannabass, a Director of the Industrial Development Authority of the City of Roanoke, Virginia, whose term expired on October 20, 1997, is ineligible to serve an additional term on the Board, pursuant to §2- 281.1, Code of the City of Roanoke (1979), as amended; WHEREAS, §15.2-4904, 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, except appointments to fill vacancies which shall be for the unexpired terms; and WHEREAS, the Council desires to retain the valuable services of S. Deborah Oyler as a Director and to waive the requirement of City residency set out in §2-28 l(b), Code of the City of Roanoke (1979), as amended; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: I. S. Deborah Oyler is hereby appointed as a Dkector on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, effective February 17, 1998, to fill the unexpired portion of the four (4) year term of Russell O. Hannabass which commenced on October 21, 1997, and will expire on October 20, 2001. 2. The requirement of City residency set forth in §2-281(b), Code of the City of Roanoke (1979), as amended, is hereby waived as to Ms. Oyler whose term will expire on October 20, 2001, Council having found specific reasons and unusual circumstances justifying such waiver. ATTEST: City Clerk. :\~4gAsumEs\R-IDA. I 5 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 February 17, 1998 File ~f.476 SANDRA H. EAKIN Deputy City Clerk The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: On June 30, 1998, the three year terms of Harry F. Davis and Melinda J. Payne as Trustees of the Roanoke City School Board will expire. Pursuant to Chapter 9, E.d!,l.c, atjg. D, of the Code of the City of Roanoke (1979), as amended, establishing a procedure for the election of School Board Trustees, Council must hold certain meetings and take certain actions during the months of March, April and May to conform with the selection process. Therefore, the concurrence of Council in establishing the following dates is requested: (1) On Monday, March 16 at 6:00 p.m., Council will hold an informal meeting (reception) which will be open to the public with all candidates for school trustee in the Emergency Operations Center Conference Room, Room 159, Municipal Building. (2) (3) On Monday, March 16 at 7:00 p.m., or as soon thereafter as the matter may be heard, Council as a Committee of the Whole, will review and consider all candidates for the position of school trustee. At such meeting, Council shall review all applications filed for the position and Council may elect to interview candidates for such positions. On Monday, Apdl 6 at 2:00 p.m., or as soon thereafter as the matter may be heard, Council will, by public vote, select from the field of candidates, those candidates to be accorded the formal interview and all other candidates will be eliminated from the school trustee selection process. The number of candidates to be granted the interview shall not exceed three times the number of positions available on the Roanoke City School Board, should there be so many candidates. H:~SCHOOL 8~COUNClLWPO The Honorable Mayor and Members of the Roanoke City Council February 17, 1998 Page 2 (4) (5) On Monday, April 20 at 7:00 p.m., or as soon thereafter as the matter may be heard, Council will hold a public hearing to receive the views of citizens. On Thursday, April 23 at 6:00 p.m., Council will hold a meeting for the purpose of conducting a public interview of candidates for the position of school trustee. (6) On Monday, May 11 at 2:00 p.m., or as soon thereafter as the matter may be heard, Council will hold an election to fill the two vacancies for terms commencing July 1, 1998, and ending June 30, 2001. Your concurrence in the abovestated dates will be appreciated in order that applicants may be advised of the proposed schedule. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io I'I:~-,HOOL gS~COU NClLWI~O 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 February 20,1998 File ~67 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: Please note the following dates on your calendar with regard to the School Board selection process: (1) On Monday, March 16 at 6:00 p.m., Council will hold an informal meeting (reception), which will be open to the public with all candidates for school trustee in the Emergency Operations Center Conference Room, Room 159, first floor of the Municipal Building. (2) On Monday, March 16 at 7:00 p.m., or as soon thereafter as the matter may be heard, Council as a Committee of the VVhole, will review and consider all candidates for the position of school trustee. At such meeting, Council shall review all applications filed for the position and may elect to interview candidates for such positions. (3) On Monday, April 6 at 2:00 p.m., or as soon thereafter as the matter may be heard, Council will, by public vote, select from the field of candidates, those candidates to be accorded the formal interview and all other candidates will be eliminated from the school trustee selection process. The number of candidates to be granted the interview will not exceed three times the number of positions available on the Roanoke City School Board, should there be so many candidates. H:'~AQ EN DA. gT~'EBRUARY, 3 The Honorable Mayor and Members of the Roanoke City Council February 20, 1998 Page 2 (4) On Monday, April 20 at 7:00 p.m., or as soon thereafter as the matter may be heard, Council will hold a public hearing to receive the views of citizens. (5) On Thursday, April 23 at 6:00 p.m., in the City Council Chamber, Council will hold a meeting for the purpose of conducting a public interview of the candidates for school trustee. I have arranged for the interviews to be taped by RVTV Channel 3 to be televised at a later date. (6) On Monday, May 11 at 2:00 p.m., or as soon thereafter as the matter may be heard, Council will hold an election to fill the two vacancies on the Roanoke City School Board for terms commencing July 1, 1998, and ending June 30, 2001. With kindest personal regards, I am Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Marsha W. Ellison, Chairperson, Roanoke City School Board, 2030 Knollwood Road, S. W., Roanoke, Virginia 24018 Dr. E. Wayne Harris, Superintendent of Roanoke City Public Schools Cindy H. Ramsuer, Clerk, Roanoke City School Board 'Angelita Plemmer, Public Information Officer Elaine Simpson, Cable Television Government Access Director, RVTV Channel 3, Suite 145, Jefferson Center, 541 Luck Avenue, S. W., Roanoke, Virginia 24016 H:~AG ENDA.~/~-I~UARY,3