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HomeMy WebLinkAboutCouncil Actions 12-01-97HARRIS 33660 ROANOKE CITY CO UNCIL REGULAR SESSION December 1, 1997 12:lSp. m. CITY CO UNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Council Member White was absent A. A briefing and tour with regard to the automated booking system used in the City Jail. File #123 At 12:18 p.m., the meeting was declared in recess until 2:00 p.m. ROANOKE CITY CO UNCIL REGULAR SESSION December 1, 1997 2:00p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-- Roll Call. AU Present, The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Wednesday, December 3, 1997, at 7:00 p.m. 2 PRESENTATIONS: The Mayor presented a proclamation and crystal star to L. Bane Coburn in recognition of numerous and outstanding accomplishments as an employee of the City of Roanoke. File #80-184 ,aNNOUNCEMENTS: The Mayor and Members of City Council, Roanoke Valley Legislators and the Roanoke City School Board will meet to discuss the City's 1998 Legislative Program on Monday, December 15, 1997, at 12:15 p.m., in the Emergency Operations Center Conference Room, Room 159, Municipal Building South. 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 MONDAY 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 AT 853-2541. o CONSENT AGENDA C-1 (APPROVED %0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the special meeting of City Council held on Tuesday, August 12, 1997, and the regular meetings of City Council held on Monday, August 4, 1997, and Monday, August 18, 1997. C-2 C-3 C-4 C-$ RECOMMENDED ACTION: Dispense with the re_a_ding thereof and approve File #132 as recorded. A communication from Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #110-132 Executive Session. A communication l~om Mayor David A. Bowers requesting an Executive Session to discuss a special award, being the ann~_~! Citizen of the Year Award, pursuant to Section 2.1-344 (A)(10), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #132-496 Executive Session. A report of the City Manager requesting an Executive Session to discuss the disposition of publicly held property in connection with the location of a prospective business where no previous announcement has been made of the business' interest in locating in the comm~mity, specifically the possible conveyance of an interest in land in the Roanoke Centre for Industry and Technology for economic development purposes, pursuant to Section 2.1-344 (A)(3) and Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #2-207-450 Executive Session. Minutes of the meeting of the Audit Committee of Roanoke City Council held on Monday, November 3, 1997. RECOMMENDED ACTION: Receive and file. File #300 4 C-6 C-7 C-8 C-9 A report of the City Manager requesting Council's consideration of a proposed budget study schedule for fiscal year 1998-99. RECOMMENDED ACTION: Receive and file. File #60-132 A report of the City Manager with regard to development of a Parks and Recreation Master Plan. RECOMMENDED ACTION: Receive and file. Removed from Consent Agenda for separate discussion. page 6.) (See Item C-7 on A communication from The Reverend Cedric E. Malone tendering his resignation as a member of the City Planning Commission. RECOMMENDED ACTION: Receive and file the communication and accept File #110-200 the resignation. Qualification of William L. Bova as a Director of the Industrial Development Authority of the City of Roanoke for a term of four years ending October 20, 2001. RECOMMENDED ACTION: Receive and file. File #15-110-207 I~EGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. 0 PETITIONS AND COMMUNICATIONS: ao 'A communication from R. Matthew Kennell, President, Downtown Roanoke, Inc., transmitting a petition on behalf of the Roanoke Foundation for Downtown, Inc., requesting adoption of a measure in support of tax-exempt status on certain real property located on North Jefferson Street and on Shenandoah Avenue in the City of Roanoke. The matter was referred to the City Manager for study, report and recommendation to Council, and Council authorized a public hearing to be held on Monday, December 15, 1997 at 7:00 p.m. File #79-277 5. REPORTS OF OFFICERS: a. CITY MANAGER: C-7 1. A report with regard to bulk and bl~_,sh collection. Received and filed. File #144-183 A report of the City Manager with regard to development of a Parks and Recreation Master Plan. Council member White raised the following questions: Should the City be in the business of operating a stadium, Is the stadium the highest and best use of the property, and; What is the feasibility of operating a revenue producing stadium through paid advertising. Council member Harris suggested that the options and associated costs set forth in a report prepared by Heery International, Inc., and Hammer, Siler, George Associates be reviewed, and Council member Parrott suggested that Council be provided with a copy of the consultants' report. File # 122-67-405 ITEMS RECOMMENDED FOR ACTION: A report recommending execution of an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley. Adopted Resolution No. 33660-120197. (7-0) File #293-336 A report recommending that Council set the amount of the bond for the City Treasurer for the term commencing Sanuary 1, 1998, and ending on December 31, 2001. Adopted Budget Ordinance No. 33661-120197 and Resolution No. 33662-120197. (7-0) File #34-53 Council member Swain requested information on the total number and cost of bonded positions in Roanoke City Government. File #53 o A report recommend/ng additional holiday frae for City employees. Adopted Resolution No. 33663-120197. (7-0) File #184 7 A report recommending appropriation of funds from the Capital Maintenance and Equipment Replacement Program and Prior Year Retained Earnings to provide for acquisition of various operational items and projects. Adopted Budget Ordinance No. 33664-120197. (7-0) File #60-270-472 A report recommending purchase of four new 4-wheel drive trucks with snow plow assemblies for use by the Parks and Grounds Department. Adopted Resolution No. 33665-120197. (6-0) (Mayor Bowers abstained from voting.) File #67-410-472 Council member Trout requested a brief'mg on 1997 snow removal procedures. Vice-Mayor Wyatt requested that the City Manager review current City policy regarding City employees reporting to work during or following hazardous weather conditions, particularly when citizens have been urged to stay off the streets. File 8410-184 A report recommending purchase of certain vehicular equipment for use by various City departments; and appropriation of funds in connection therewith. Adopted Ordinance No. 33666-120197 and Resolution No. 33667-120197. (6-0) (Mayor Bowers abstained from voting.) File ~60-472 8 A report recommending appropriation of additional grant funds, in the amount of $187,990.00, for the Fifth District Employment and Training Consortium. Adopted Ordinance No. 33668-120197. (7-0) File #60.236-246 A joint report of the City Manager and Director of Finance recommending that certain retirement service credit be provided for firefighters who were previously employed by the City in an emergency medical services capacity. Adopted Ordinance No. 33669 on first reading. (7-0) File #70-354-429 DIRECTOR OF FINANCE: 1. A financial report for the month of October, 1997. o Received and filed. File #1-10 A report transmitting the Comprehensive ,Annual Financial Report for the City of Roanoke Pension Plan. Received and filed. File #1-10-429 0 REPORTS OF COMMITTEES: A report of the Mill Mountain Advisory Committee with regard to improvements to Mill Mountain Park. Carl H. Kopitzke, Chairperson. Council concurred in the recommendation of the Mill Mountain Advisory Committee under date of December 1, 1997. (Mayor Bowers and Vice-Mayor Wyatt voted no.) File #67-327-230 9 7. UNFINISHED BUSINESS: None. At this point, Council Member Parrott left meeting. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: Ordinance No. 33658, on second ret_ding, rezoning 32.68 acres, more or less, identified as Official Tax Nos. 6440117 - 6440119, inclusive, from RM-2, Residential Multi-fnmily, Medium Density District, RS-3, Residential Single-family District, and C-2, General Commercial District, respectively, to C-2, General Commercial District, subject to ~ conditions proffered by the petitioner. Adopted Ordinance No. 336S8-120197. Parrott was absent.) File #S1 (6=0) (Council Member bo Ordinance No. 33659, on second reading, amending certain proffered conditions presently lYmding upon a tract of land contninin$13.261 acres, more or less, located on the north side of Hershberger Road, identified as Official Tax Nos. 6450101, 6450118 and 6450117 (formerly 6450101 and 6450102), which property was previously conditionally rezoned by the Council of the City of Roanoke, pursuant to Ordinance No. 25204, adopted on July 28, 1980. Adopted Ordinance No. 33689-120197. Parrott was absent.) File #SI (60) (Council Member l0 10. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Council Member Swain requested a status report on major crimes which have been committed in the City of Roanoke during the past year. File #~ The Mayor commended the William Fleming High School football team which will compete in the State Football Tournament Final Pairings Championship on Saturday, December 6, 1997, at 1:00 p.m., at Norfolk State University in Norfolk, Virginia. File #80.467 Vacancies on various authorities, boards, commissions and committees appointed by Council. HEARING OF CITIZENS UPON PUBLIC MATTERS: 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 BACK TO COUNCIL. CERTIFICATION OF EXECUTIVE SESSION. (6=0) (Council Member Parrott was absent.) Eleemi Thomas Whm, III, as a member of the Youth Services Citizen l~ard for a term ending May 31, 2000. File #110-304 Rea inted Ronald IL Miller and Charles W. Hancock for terms of one ppo year each ending November 30, 1998, and Lular IL Lucky, Allen ~.Clark, William E. Skeen and Joseph F. Nash, Jr., for terms of three years each ending November 30, 2000, as members of the Roanoke Neighborhood Parmership Steering Committee. File #110-488 Reappointed Bernice F. Jones as a member of the Advisory Board of Human Development for a term of four years ending November 30, 2001. File #110-72 The City Clerk was requested to confer with the Members of Council with regard to establishing a date in early January/February for the Financial Planning Workshop. File ~g~0-132 RECEIVED CITY ~'' '~"~ F'~F'F '97 NOV21 P2:32 December 1, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia SUBJECT: Briefing on the Automated Booking System used in the City Jail Dear Mayor Bowers and Members of Council: Please reserve space on Council's 12:15 p.m. agenda for a briefing pertaining to the above referenced subject. WRH:w Respectfully submitted, W. Robert Herbert City Manager CC: City Attorney Director of Finance City Clerk 247 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL August 4, 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, August 4, 1997, at 12:15 p.m., the regular meeting hour, with Vice-Mayor Linda F. Wyatt presiding, pursuant to Rule 1, Reqular MeetincJS, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William White, Sr., C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout and Vice-Mayor Linda F. Wyatt ............ 6. ABSENT: Mayor David A. Bowers .......................................................... 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. BUDGET-LEGISLATION-HUMAN DEVELOPMENT: Glenn D. Radcliffe, Director, Human Development, called upon staff of the Human Services Directorate for a briefing on Welfare Reform which will be effective on October 1, 1997. Ruth Z. Hendrick, Supervisor, Employment Services, presented information with regard to Welfare Reform and proposed changes at the Federal level. She explained that Welfare Reform requires that recipients who are able to work may draw welfare checks for two years, after which they must either have a job or be placed in a community service job where they work for benefits. She reviewed certain changes impacting the food stamp program. Ms. Hendrick reviewed the Virginia Independence Program (VIP) which became effective statewide on July 1, 1995; and Virginia's Initiative for Employment Not Welfare (VIEW), the work component which began the phase in on July 1, 1995, and will become statewide on October 1, 1997. She also reviewed requirements of VIEW job seekers, and elements of the Virginia Independence Program, as follows: *Overall, throughout the state, 70 per cent of individuals who enter the welfare system and sign personal responsibility agreements are employed within 90 days of commencement of the program. 248 *There is a 65 per cent retention rate for at least 90 days in employment. *Statewide, 75 per cent of the individuals who are sanctioned remain in sanction status (for example: they are sanctioned and have their benefits removed for not participating as expected in the Employment Services Program and upon expiration of the three to six month sanction period, they do not reapply for benefits). *There is approximately a 25 - 30 per cent increase in TANF cases statewide. Ms. Hendrick advised that the following procedure when applicants apply for welfare after October 1: (1) The case will be approved, if eligible. (2) Participants will be placed in a two week job readiness program which will be contracted to an outside agency to provide instructions on how to look for a job, how to complete an employment application, how to prepare a r~sum~, participation in mock-up interviews, employers will brief participants on what they are looking for in employees, job follow-ups and job search. (3) Participants will be involved in a four week job search requiring them to look for at least ten full-time jobs per week in their area of interest. (4) Participants will receive ongoing assistance from a case manager to assist in making appropriate referrals and to assist the individual in overcoming barriers to make the participant more employable. (s) If a participant has not found private sector employment within 90 days after beginning the VIEW Program, they will be placed in a work experience program where they will be required to work in a private, non-profit or business setting in exchange for their benefits. (6) Following employment, the Human Services Department will continue to work with participants to insure a retention rate increase and to insure that participants will continue to take advantage of education and training opportunities so that when the transitional benefit period of welfare ends, they will be self- sufficient. 249 Ms. Hendrick advised that in order to make the program work, Welfare Reform must be marketed to the entire community to gain the support of not only employers to understand who will be knocking on their doors, but the help of churches and community agencies to develop necessary programming and available services so that participants can overcome the barriers to employment. She called attention to the need for additional staff positions, a larger work area, and contracting approval for class activities. Connie W. Carter, Human Services Budget Coordinator, discussed costs involved in the VIEW Program, as well as day care services, which are vital components to the success of Welfare Reform. In the area of Employment Services, she advised that the City has a total of $1.3 million for fiscal year 1998, and emphasized that the $1.3 million is one hundred per cent reimbursable, with no local dollars involved. She stated that an additional appropriation will be needed in Employment Services of approximately $520,000.00, which is 100 per cent reimbursable, and an additional appropriation in Day Care of $411,000.00, which requires a ten per cent local match. Following discussion and questions by the Members of Council, without objection by Council, the Vice-Mayor advised that the briefing would be received and filed. At 1:40 p.m., the Vice-Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, August 4, 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, Vice-Mayor Wyatt presiding. PRESENT: Council Members William White, Sr., C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout and Vice-Mayor Linda F. Wyatt ............ 6. ABSENT: Mayor David A. Bowers ........................................................... 1. 25O OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Council Member C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Council Member Carroll E. Swain. CITY MANAGER-CITY EMPLOYEES: The City Manager introduced Angelita Y. Plemmer, Public Information Officer, who assumed the position effective August 4, 1997. CONSENT AGENDA The Vice-Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. LIBRARIES-OATHS OF OFFICE-COMMITTEES: A report of qualification of Michael L. Ramsey as a member of the Roanoke Public Library Board for a term ending June 30, 2000, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) ACTION: M~ 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, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt- ....................................................................... 6. NAYS: None ................................................................. 0. (Mayor Bowers was absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: ACTION: FIRE DEPARTMENT-CITY EMPLOYEES-PENSIONS: Richard B. Sarver, representing the Roanoke Fire Fighters Association, addressed Council with regard to improvements to the City of Roanoke Employees Retirement System, viz: (1) Increase the multiplier rate from the present 2 per cent to 2.3 per cent for all City employees over the next three years, with a maximum of 70 per cent of final average salary; (2) Change spousal options: unreduced 50 per cent survivor annuity to all City employees; and (3) 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. (See statement on file in the City Clerk's Office.) Mr. Trout moved that the matter be referred to the City of Roanoke Pension Plan Board of Trustees for study, report and recommendation to Council no later than Monday, November 3, 1997. The motion was seconded by Mr. Parrott and adopted. PETITIONS AND COMMUNICATIONS: HUMAN DEVELOPMENT-COUNCIL-CITY GOVERNMENT-VISION STATEMENT-SCHOOLS-ECONOMIC DEVELOPMENT: A communication from Vice-Mayor Linda F. Wyatt and Council Member William White, Sr., advising that City staff briefed Council on the status of the visioning process on Monday, July 21, 1997; as part of the briefing, staff pointed out that two amendments were suggested to the draft vision statement adopted by Council on August 19, 1996, which amendments were suggested by the Cultural Services Committee and are highlighted (underlined) on the amended vision statement; and recommending adoption of the Vision Statement, as amended, was before body. (For full text, see communication and amended Vision Statement on file in the City Clerk's Office.) 251 252 ACTION: Mr. White offered the following resolution: (#33517-080497) A RESOLUTION adopting the Roanoke City Council Vision Statement. (For full text of Resolution, see Resolution Book No. 60, page 86.) Mr. White moved the adoption of Resolution No. 33517-080497. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt ....................................................................... 6. NAYS: None ...................................................... 0. (Mayor Bowers was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: HUMAN DEVELOPMENT-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that, historically, the Roanoke Redevelopment and Housing Authority has administered a variety of HOME programs for the City, including housing rehabilitation and homebuyer assistance; Council authorized the Housing Authority's 1997-98 HOME activities and funding as part of the Annual Update to the Consolidated Plan (Annual Update) approved for submission to the U. S. Department of Housing and Urban Development (HUD) on May 12, 1997, pursuant to Resolution No. 33402-051297; Council accepted 1997- 98 HOME funds on June 16, 1997, pending receipt of the approval letter from HUD, pursuant to Ordinance No. 33431-061697 and Resolution No. 33432-061697; and HUD approved the Annual Update by letter dated July 1, 1997. It was further advised that a total $867,433.00 in HOME funds has been budgeted for the Roanoke Redevelopment and Housing Authority's 1997-98 HOME Agreement; $439,256.00 in HOME funds are budgeted for the Housing Authority's 1997-98 project costs; $36,401.00 in HOME funds are budgeted for the Housing Authority's 1997-98 administrative costs relating to the HOME-funded activities; $391,776.00 in carry-over funds from last year's agreement will be included in the 1997-98 Housing Authority agreement to complete rehabilitation and homebuyer projects which were in progress on June 30, 1997, the end of the prior program year; an additional $235,220.00 in Community Development Block Grant (CDBG) funds for staff and other support costs directly attributable to delivering the HOME activities is being budgeted under a separate CDBG agreement with the Housing Authority to be authorized by Council; HOME funds must be matched at a rate of 12.5 per cent, which does not apply to "administrative" funds or to Grant Year 1992 funds; and the match requirement for the Housing Authority contract will be $103,559.00. The City Manager recommended that he and the City Clerk be authorized to execute and attest, respectively, the 1997-98 HOME Agreement with the Roanoke Redevelopment and Housing Authority and amendments thereto, if necessary, to be approved as to form by the City Attorney, within the limits of funds and for the purposes set forth in the report. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33518-080497) A RESOLUTION authorizing the appropriate City officials to enter into the 1997-98 HOME Investment Partnership (HOME) Program Agreement, and any necessary amendments thereto, with the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. 253 ACTION: (For full text of Resolution, see Resolution Book No. 60, page 87.) Mr. Trout moved the adoption of Resolution No. 33518-080497. The motion was seconded by Mr. Swain and adopted by the following vote: 254 ACTION: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt. 6. NAYS: None .0. (Mayor Bowers was absent.) BUDGET-PARKS AND RECREATION-NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY-COMMUNITY PLANNING- GRANTS: Having voted with the majority of Council on Monday, July 21, 1997, to defeat a budget ordinance with regard to the Gainsboro Professional Park Project - Clean Sites Grant, Mr. Swain moved that the matter be reconsidered by Council. The motion was seconded by Mr. Parrott and unanimously adopted. A communication from the City Manager advising that on July 7, 1997, Council considered a report recommending acceptance of a $100,000.00 matching grant from the Virginia Department of Housing and Community Development that was intended to be used to renovate a structure which was relocated to 124 Wells Avenue, N. W., for small business use, was before the body. The City Manager recommended that he be authorized to accept the $100,000.00 matching grant through the Clean Sites Program and appropriate $100,000.00, with a corresponding revenue estimate, in accounts to be established by the Director of Finance in the Grant Fund. (See reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#33519-080497) 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 88.) Mr. Swain moved the adoption of Ordinance No. 33519-080497. The motion was seconded by Mr. Trout and adopted by the following vote: ACTION: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt .......................................................................... 6. NAYS: None ........................................................................ 0. (Mayor Bowers was absent.) Mr. Harris offered the following resolution: (#33520-080497) A RESOLUTION authorizing acceptance of a matching grant through the Clean Sites Program from the Virginia Department of Housing and Community Development, for the purpose of supporting the Gainsboro Professional Park Project, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. (For full text of Resolution, see Resolution Book No. 60, page 89.) Mr. Harris moved the adoption of Resolution No. 33520-080497. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt ........................................................................... 6. NAYS: None ........................................................................ 0. (Mayor Bowers was absent.) HUMAN DEVELOPMENT-HOUSING/AUTHORITY-COMMUNITY PLANNING-GRANTS-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that the Roanoke Redevelopment and Housing Authority, historically, has administered certain portions of the Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) activities for the City, including housing rehabilitation and economic development activities; Council authorized the Housing Authority's 1997-98 CDBG activities and funding as part of the Annual Update to the Consolidated Plan (Annual Update) approved for submission to the U. S. Department of Housing and Urban Development (HUD) for fiscal year 1997-98, pursuant to Resolution No. 33402-051297, adopted on May 12, 1997; 255 256 ACTION: Council accepted the 1997-98 CDBG Entitlement on June 16, 1997, pending receipt of the approval letter from HUD, pursuant to Ordinance No. 33433-061697 and Resolution No. 33434-061697, adopted on June 16, 1997; and HUD approved the Annual Update pursuant to correspondence received by the City on July 3, 1997. It was further advised that $323,402.00 in Community Development Block Grant funds are budgeted for the Roanoke Redevelopment and Housing Authority's services in fiscal year 1997-98 for administration and program support of 14 HOME and CDBG-funded programs; projects to be administered by the Housing Authority and covered by the agreement total $656,182.00 in CDBG funds; and CDBG project support costs will also provide for the delivery of $831,032.00 in HOME projects as discussed in the previous report of the City Manager, for a total of $1,487,214.00 in project costs. The City Manager recommended that he and the City Clerk be authorized to execute and attest, respectively, the 1997-98 Community Development Block Grant Agreement with the Roanoke Redevelopment and Housing Authority and amendments thereto, if necessary, to be approved as to form by the City Attorney, within the limits of funds and for the purposes set forth in the report. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#33521-080497) A RESOLUTION authorizing execution of an agreement with the Roanoke Redevelopment and Housing Authority for services related to the administration of Community Development Block Grant (CDBG) funds for FY 1997-1998. (For full text of Resolution, see Resolution Book No. 60, page 89.) Mr. Parrott moved the adoption of Resolution No. 33521-080497. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt- .......................................................................... 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) BUDGET-TRAFFIC-STATE HIGHWAYS-CMERP-YOUTH- JUVENILE CORRECTIONAL FACILITIES-EQUIPMENT: The City Manager submitted a written report advising that Council appropriated funds, in the amount of $478,498.00, for administration and operation of Youth Haven I - Post Dispositional Group Home with adoption of the fiscal year 1996-97 General Fund budget; the City of Roanoke receives revenue from the U. S. Department of Agriculture (USDA) for food service expenditures at the Juvenile Detention Home, Youth Haven, and Crisis Intervention Center; Council appropriated $10,000.00 from the Capital Maintenance and Equipment Replacement Program (CMERP) for the City's share of a beautification project on the 1-581 Southwest Expressway on December 16, 1996; one partial payment was made as of June 30, 1997, in the amount of $1,341.00; and Council appropriated funds in the amount of $37,000.00 from the Capital Maintenance and Equipment Replacement Program for Traffic Engineering mini-projects such as replacement and/or relocation of traffic signals, controller units, and traffic studies by consultants. It was further advised that funds in the amount of $53,800.00 for Youth Haven are unobligated for fiscal year 1996-97; funds in the amount of $20,650.00 of total unobligated funds are the result of Virginia Juvenile Community Crime Control Act (VJCCCA) revenue received in fiscal year 1996-97 for anticipated expenditure in fiscal year 1997-98, the second year of the State budget biennium, which funding has been approved as a part of the fiscal year 1997-98 VJCCCA program plan approved by the Department of Juvenile Justice; unobligated funds, in the amount of $20,650.00, are required in fiscal year 1997-98 for operation of Youth Haven; U. S. Department of Agriculture revenue exceeded expenditures by $11,362.00 for fiscal year 1996-97, which needs to be rs-appropriated to fiscal year 1997-98; funds in the amount of $8,659.00 for the beautification project on 1-581 Southwest Expressway are unobligated for fiscal year 1996-97, which funds need to be re-appropriated to fiscal year 1997-98 to provide for completion of the project; and funds in the amount of $37,000.00 for 257 258 Traffic Engineering mini-projects and traffic studies are unobligated for fiscal year 1996-97, which funds need to be re-appropriated to fiscal year 1997-98 to provide funding for anticipated Traffic Engineering mini-projects and traffic studies. The City Manager recommended that Council concur in the following actions: Appropriate funds in the amount of $77,671.00 from year- end fund balance to the following accounts: 001-052-1280-2010, Director of Public Works, Fees for Professional Services - $ 8,659.00; 001-052-4160-3005, Traffic Engineering - Project Supplies - $2,000.00; 001-052-3320-3000, USDA Expenditures - $5,343.00; 001-054-3350-2060, Youth Haven - Food - $20,650.00; 001-054-3350-3000, USDA Expenditures - $1,6O2.OO; 001-054-3360-3000, USDA Expenditures - $4,417.00; and 001-004-9310-9508, Transfer to Capital Projects Fund - $35,000.00. Transfer funds in the amount of $35,000.00 from General Fund Transfer to Capital Account No. 001-004-9310-9508 to the Capital Projects Fund Traffic Signals - General - Appropriation from General Revenue Account No. 008- 052-9560-9003. (For full text, see report on file in the City Clerk's Office.) 259 ACTION: Mr. White offered the following emergency budget ordinance: (ft33522-080497) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 90.) Mr. White moved the adoption of Ordinance No. 33522-080497. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt- ........................................................................ 6. NAYS: None ........................................................................ 0. (Mayor Bowers was absent.) BUDGET-SEWERS AND STORM DRAINS-BONDS/BOND ISSUES- CONSULTANTS REPORTS: The City Manager submitted a written report advising that the Roanoke River Interceptor Sewer Replacement Project was part of the renovation and expansion of joint use sewer facilities considered by Council at its meeting on December 13, 1993; funding in the amount of $15.7 million was approved by Council on December 13, 1993, to support the City's share of the $41.5 million project, which funding is from the proceeds of a general obligation bond issue; the Roanoke River Interceptor Sewer Replacement Project replaces the existing interceptor sewer from the Water Pollution Control Plant to the Salem City limits; and the following issues have impacted the schedule of the consultant and the scope of services: Additional Project Lencjth: The initial agreement anticipated 45,408 feet of replacement; the final length is 51,870 feet, or an increase of 14.2 per cent, at an increased cost of $43,870.00. Contract Time: The initial agreement anticipated a start of work in July 1994; the actual start was delayed until December 1994; construction services were estimated to 260 begin in June 1995 and will not start until September 1997; and the consultant has requested additional compensation cost in the amount of $39,655.00 to offset increased salary costs. Redesign and Rebiddin_~ of Contracts A and B: After reviewing bids, all were rejected for Contracts A and B and the project was redesigned, in part, in an effort to reduce costs, at an additional cost of $46,413.00. Additional Design Tasks: The consultant was requested to perform several design studies at the Hannah Court Trailer Park to reduce construction impacts and to modify the proposed sewer alignment at the plant head works, at an additional cost of $10,942.00. Contract Summary: Initial Agreement Amendment No. 1 Proposed Amendment No. 2 Total $1,595,000.00 73,235.00 140.880.00 $1,809,115.00 Total amendments to date, including Amendment No. 2, are equivalent to 13.4 per cent of the initial agreement value. The City Manager recommended that Council concur in the following actions: Authorize the City Manager to execute Contract Amendment No. 2, in a form to be approved by the City Attorney, with Black & Veatch, in the amount of $140,880.00 and zero additional calendar days of contract time. Transfer $51,703.00 from STP Expansion Bonds 1994, Account No. 003-056-8465, to Roanoke River Interceptor Sewer Account No. 003-056-8469, for the City's share of the contract amendment; and 261 Appropriate $89,177.00 to be funded by other jurisdictions and increase the receivable accounts previously established. ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#33523-080497) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 92.) Mr. Swain moved the adoption of Ordinance No. 33523-080497. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt .......................................................................... -6. NAYS: None ........................................................................ 0. (Mayor Bowers was absent.) Mr. Harris offered the following resolution: (#33524-080497) A RESOLUTION authorizing execution of an amendment to the City's contract with Black & Veatch, for additional engineering services in connection with the Roanoke River Interceptor Sewer Replacement Project. (For full text of Resolution, see Resolution Book No. 60, page 93.) ACTION: Mr. Harris moved the adoption of Resolution No. 33524-080497. The motion was seconded by Mr. Swain and adopted by the following vote: 262 AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt .6. NAYS: None .0. (Mayor Bowers was absent.) SEWERS AND STORM DRAINS-WATER RESOURCES: The City Manager submitted a written report advising that Wheelabrator Clean Water Systems, Inc., had a one-year contract to remove, haul and dispose of digested, lagooned sludge from the Water Pollution Control Plant; the term of the contract was from September 1994 through September 1995, with the option to renew for four additional one-year periods; the current contract price is $87.54 per dry ton for a minimum of 7,000 dry tons (and a maximum of 11,000 dry tons) for the one-year contract; and an option was taken for five years because of the time required to have land parcels approved for sludge application. It was further advised that the fourth-year contract with Wheelabrator Clean Water Systems, Inc., would be a unit price of $89.54 per dry ton, with a minimum of 7,000 dry tons, or $626,780.00, and a maximum of 11,000 dry tons, or $984,940.00; and the base contract would be for the 7,000 dry tons, with additional tonnage being approved monthly by administrative change order. The City Manager recommended that he be authorized to renew the contract with Wheelabrator Clean Water Systems, Inc., for the fourth year to remove, transport, and dispose of sludge at the rate of $89.54 per dry ton, not to exceed 11,000 dry tons, for an amount not to exceed $984,940.00, for a one-year contract, with funding in Account No. 003-056-3150-2010. (For full text, see report on file in the City Clerk's Office.) M,~. Swain offered the following resolution: (#33525-080497) A RESOLUTION authorizing execution of an amendment extending for an additional term of one year a contract with Wheelabrator Clean Water Systems, Inc., for removing, transporting and disposing of digested lagooned sludge from the City's Water Pollution Control Plant; and providing for an emergency. (For full text of Resolution, see Resolution Book No. 60, page 94.) 263 ACTION: Mr. Swain moved the adoption of Resolution No. 33525-080497. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt- ........................................................................ 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) With regard to future reports, Council Member Swain requested that the City Manager provide addresses of successful bidders/ contractors. VALLEY VIEW MALL-TRAFFIC-STATE HIGHWAYS-GREENWAY SYSTEM-STREETS AND ALLEYS: The City Manager submitted a written report advising that 1-581 Interchange improvements were endorsed by Council on March 18, 1996; the Virginia Department of Transportation (VDOT) has adopted a Six-Year Improvement Program for fiscal years 1996-97 through 2001-02 for interstate highways, which includes an improvement project in the City known as 1-581 Interchange at Valley View Boulevard - Phase I; the Federal Highway Administration notified the City on August 23, 1996, of its approval of the new interchange access; and on December 16, 1996, Council approved an agreement with Mattern & Craig, Inc., for design of the interchange and an agreement with VDOT for construction bidding and administration. It was further advised that the 1-581/Valley View Boulevard Bridge has been identified in the Roanoke Valley Greenway Plan and in the draft Bikeway Plan for the Roanoke Valley as a bicycle/pedestrian corridor connecting neighborhoods, the Valley View area, and downtown; construction plans and specifications are being developed to include pedestrian and bicycle accommodations through the interchange; bid documents will identify the spe~"ific costs related to such features on the bridge and to connect between Valley View Boulevard Extended and a future greenway along Lick Run; Council will be in a position to include or exclude the pedestrian/bicycle accommodations when awarding the contract for the bridge; the Virginia Department of Transportation and the Federal Highway Administration agree that a bicycle/pedestrian facility could be accommodated in the interchange; the City must provide VDOT with a 264 ACTION: formal request for a break in the limited access line on the west side of 1-581 for the bicycle/pedestrian facility; VDOT indicated that this is needed now in the event that a favorable vote is received from Council to fund and construct the bicycle/pedestrian facility on the bridge; and VDOT will then proceed to secure approval from the Commonwealth Transportation Board and the Federal Highway Administration. The City Manager recommended that Council adopt a resolution requesting a break in the limited access line on the west side of 1-581 to allow pedestrian and bicycle access at the 1-581/Valley View Boulevard Interchange Bridge, which action does not commit the City to proceed with implementing a bicycle/pedestrian facility on the proposed 1-581/Valley View overpass until bids have been awarded for the interchange. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33526-080497) A RESOLUTION endorsing and requesting a break in the limited access line on the west side of 1-581 to allow pedestrian and bicycle access at the 1-581 Valley View Boulevard interchange bridge. (For full text of Resolution, see Resolution Book No. 60, page 95.) Mr. Trout moved the adoption of Resolution No. 33526-080497. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt. .6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent.) SEWERS AND STORM DRAINS-EQUIPMENT: The City Manager submitted a written report advising that Crowder Construction Co., Charlotte, North Carolina, is the contractor for the Tinker Creek Interceptor Sewer Connection -- Water Pollution Control Plant; the construction contract, awarded by Council at its meeting on April 21, 1997, to',~.ls $1,865,800.00, with a specified time of 180 consecutive ACTION: calendar days to complete the work; the project consists of installation of a 54-inch reinforced concrete pipe from the siphon box of the Tinker Creek trunk line river crossing to a junction box to be constructed at the headworks of the Water Pollution Control Plant; savings for the project in the amount of $245,750.00 were recognized; once work had started and existing pipe was uncovered at critical points, certain additional work was quoted in the amount of $129,287.00; and total amount of Change Order No. 1 is a credit of $115,923.00 and an additional time of 30 consecutive calendar days to complete the work, which completion date would then be December 22, 1997. The City Manager recommended that he be authorized to issue Change Order No. 1 to the contract with Crowder Construction Co., in the amount of a credit of $115,923.00, and an additional construction time of 30 consecutive calendar days to complete the work, for a total contract amount of $1,749,877.00 and a completion date of December 22, 1997. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#33527-080497) AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 1 to the City's contract with Crowder Construction Co., in connection with the Tinker Creek Interceptor Sewer Replacement project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 96.) Mr. Harris moved the adoption of Ordinance No. 33527-080497. The motion was seconded by Mr. White and adopted by the following vote: 265 AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt- ......................................................................... -6. NAYS: None ........................................................................ 0. (Mayor Bowers was absent.) 266 NEIGHBORHOOD ORGANIZATIONS-CITY PROPERTY- EMERGENCY SERVICES-FLOOD REDUCTION/CONTROL-WATER RESOURCES: The City Manager submitted a written report advising that pursuant to Ordinance No. 33265-020397, adopted on February 3, 1997, Council approved the Garden City Property/Relocation Program Acquisition Policy which provided guidelines for the purchase of houses under the Federal Emergency Management Agency's (FEMA) grant program; and the approved Acquisition Policy did not specifically address the moving or selling of houses by the property owners prior to sale to the City, nor did the Policy address the sale of houses after they had been purchased by the City. It was further advised that the City has currently purchased ten houses under the Garden City Property/Relocation Program and none of the owners, to date, have desired to move their houses; the City has been approached to sell several houses that have been purchased by the City, which would require amending the Acquisition Policy and the Purchase Agreement to allow the City to offer the houses for sale to be moved by others; and members of the Garden City Resident Task Force have indicated their support of the City to allow for relocation of the houses which are included the Program. The City Manager recommended that Council amend the Garden City Property/Relocation Program Acquisition Policy to allow owners to move their houses or to sell the houses to an individual who will move the structures prior to the City's purchase, to allow the sale of City-purchased houses to others so that the structures can be moved, and to permit the City Manager to place certain time and other reasonable restrictions on the procedures, including the approval of surrounding property owners where the houses are to be moved; and funds received from the sale of these houses will be recorded as revenue and appropriated to the Garden City Property/Relocation Program Account No. 008-052-9696. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#33528-080497) AN ORDINANCE amending the Garden City Property/Relocation Program - Acquisition Policy to allow for the moving of houses prior to the City's purchase under the Acquisition Policy and to allow the City to offer for sale houses the City has 267 purchased under the Acquisition Policy, subject to certain terms and conditions; permitting the City Manager to amend the Acquisition Policy to provide for the above matters and to place certain time and other reasonable restrictions on these procedures; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 97.) ACTION: Mr. Harris moved the adoption of Ordinance No. 33528-080497. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt ............................................. ~,., ........................... 6. NAYS: None ........................................................................ 0. (Mayor Bowers was absent.) BUDGET-FIRE DEPARTMENT-EQUIPMENT: The City Manager submitted a written report advising that the Fire Program Fund was established by the General Assembly, effective October 4, 1985, pursuant to Section 38.1-44.1, Code of Virginia (1950), as amended; and the sunset clause requiring expiration of the Fund on July 1, 1990, has now been removed, thus, the City's annual allocation of State funds will continue indefinitely; and funds may be used for the following purposes: fire service training, regional fire service training facilities, firefighting equipment/apparatus, and -~ personal protective clothing. It was further advised that Roanoke City's allocation of $118,927.00 was electronically transferred to the City Treasurer's Office on July 10, 1997; and action by Council is necessary to formally accept and appropriate the funds and to authorize the Director of Finance to establish revenue estimates and appropriation accounts in the Grant Fund, in order to purchase the following equipment and supplies in accordance with provisions of the program: 268 fire suppression equipment - $12,250.00 training and development - $81,000.00 recruitment and development - $7,500.00 personal protective clothing - $18,177.00 The City Manager recommended that Council authorize acceptance of the grant award; and appropriate $118,927.00, with corresponding revenue estimates to accounts established by the Director of Finance in the Grant Projects Fund. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#33529-080497) 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 98.) ACTION: Mr. White moved the adoption of Ordinance No. 33529-080497. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt- ............. 6. NAYS: None ................................................................. 0. (Mayor Bowers was absent.) Mr. White offered the following resolution: (#33530-080497) A RESOLUTION accepting a certain Fire Program Fund Grant from the Commonwealth of Virginia's Department of Fire Programs and authorizing execution of any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 60, page 99.) 269 ACTION: Mr. White moved the adoption of Resolution No. 33530-080497. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt ........................................................................... 6. NAYS: None ........................................................................ 0. (Mayor Bowers was absent.) FIRE DEPARTMENT-HUMAN DEVELOPMENT-EMERGENCY MEDICAL SERVICES: The City Manager submitted a written report advising that the Medicaid ambulance reimbursement rate structure has not increased since 1981, thus, the cost of providing ambulance services to Medicaid patients exceeds allowable reimbursement rates; several ambulance providers brought litigation against the Commonwealth of Virginia to increase the Medicaid reimbursement rates; mediation resulted in an increase of Medicaid reimbursement rates by the establishment of two interim rate increases; and the first rate increase was effective on July 1, 1997, and the second rate increase will be effective on January 1, 1998. It was further advised that to qualify for reimbursement of the higher rate, ambulance providers must sign a Provider Consent Form which states that the provider agrees to accept the new Medicaid rates and be bound by the terms of the proposed Settlement Agreement; under the Agreement, all providers are precluded from bringing a separate suit to contest the adequacy of the past rate structure and providers also agree to accept the new rate until June 30, 1998, unless a higher rate is approved for Medicaid transport; the Provider Consent Form was received in late June and was time sensitive; in order to qualify for the increased reimbursement schedule, the form had to be signed and returned to the Commonwealth of Virginia, therefor, the Provider Consent Form was signed by the Assistant City Manager, subject to ratification by City Council; and the Commonwealth will initiate a study of the Medicaid rate structure and the City will provide information to assist in the study. 27O ACTION: The City Manager recommended that Council accept the mediated Medicaid reimbursement rate settlement; and that he be authorized to execute the Provider Consent Form. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#33531-080497) A RESOLUTION accepting an interim Medicaid reimbursement rate settlement and authorizing the proper City officials to execute the Provider Consent Form signifying the City's agreement to such settlement. (For full text of Resolution, see Resolution Book No. 60, page 100.) Mr. Swain moved the adoption of Resolution No. 33531-080497. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt .6. NAYS: None ........................................................................ 0. (Mayor Bowers was absent.) BUDGET-HUMAN DEVELOPMENT-CITY EMPLOYEES: The City Manager submitted a written report advising that Virginia Initiative for Employment Not Welfare (VIEW) began a four-year phase-in implementation in July 1995 as part of the Governor's landmark Welfare Reform Program for Virginia; the Governor accelerated implementation of VIEW in December 1996 due to the success of the program; the City of Roanoke will begin implementation of VIEW in October 1997; the VIEW Program is focused on employment, with the expectation that those who can work will work; welfare recipients must be given the opportunity to move toward self-sufficiency and away from public assistance; day care services will also increase as part of Welfare Reform; and Social Services must provide these services as part of the transitional benefits that welfare recipients will need in their move toward self-sufficiency. 271 It was further advised that the number of welfare recipients mandated to participate in Virginia Initiative for Employment Not Welfare is expected to increase to approximately 800 recipients; currently, Employment Services sees approximately 200 recipients; current Employment Services Program staffing is inadequate to handle the increase in the number of recipients and staff, and office space is currently located in the City annex building on Campbell Avenue; State/Federal allocations for Employment Services and Day Care Programs for fiscal year 1997-98 exceed the current budgeted amounts; Employment Services allocation exceeds amount budgeted in cost center 001-054-5316 by $520,453.00 and Day Care allocation exceeds amount budgeted in cost center 001-054-5314 by $411,206.00; and the Day Care Program requires a ten per cent local match in the amount of $41,121.00. The City Manager recommended that Council approve seven additional positions for Employment Services, apl~ropriate $520,453.00 to Employment Services cost center 001-054-5316, appropriate $370,085.00 to Day Care Services cost center 001-054-5314-3159, transfer $41,121.00 for local match from Health Department-Other Rental cost center 001-054-5110-3075 to Day Care Services cost center 001-054-5314-3159, increase the General Fund revenue estimate in Account No. 001-020-1234-0681, Employment Services, by $520,453.00, and increase the General Fund revenue estimate in Account No. 001- 020-1234-0686, Day Care, by $370,085.00. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#33532-080497) 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 101.) ACTION: Mr. Swain moved the adoption of Ordinance No. 33532-080497. The motion was seconded by Mr. Trout and adopted by the following vote: 272 AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt. 6. NAYS: None ................................................................. 0. (Mayor Bowers was absent.) BUDGET-HUMAN DEVELOPMENT-GRANTS-FDETC: The City Manager submitted a written report advising that the Fifth District Employment and Training Consortium administers the Federally funded Job Training Partnership Act (JTPA) for the Fifth Planning District; the FDETC serves eligible residents in the Counties of Alleghany, Botetourt, Craig and Roanoke, as well as the Cities of Clifton Forge, Covington, Roanoke and Salem; the FDETC serves two primary client populations, i.e.: economically disadvantaged and dislocated workers; and the City of Roanoke is grant recipient for FDETC funding, and Council must appropriate funds for all grants and other monies received by the FDETC. It was further advised that the Governor's Employment and Training Department (GETD) has sent to the Consortium Notices of Award and adjustments for programs which include on-the-job training, work experience, job related education, classroom training, job placement activities, and remedial education, in the following amounts: Title II-A (Adults - ages 22 and over) $334,736.00 Title II-C (Youth - ages 16 through 21) $ 47,667.00 Title III-F (Dislocated Workers) $246,999.00 Opportunity Knocks $127,840.00 It was explained that the Virginia Employment Commission has notified the Fifth District Employment and Training Consortium of the approval of a request for $300,000.00 to operate a Governor's Regional Project for program year 1997, which funds will be used to serve dislocated workers. The City Manager recommended that Council appropriate Fifth - District Employment and Training Consortium funding, totalling $1,057,242.00, and increase the revenue estimate by $1,057,242.00 in accounts to be established in the Consortium Fund by the Director of Finance. 273 ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#33533-080497) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 102.) Mr. Parrott moved the adoption of Ordinance No. 33533-080497. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt ........................................................................... 6. NAYS: None ........................................................................ 0. (Mayor Bowers was absent.) SEWERS AND STORM DRAINS-BUILDINGS/BUILDING DEPARTMENT-ELECTIONS-BONDS/BOND ISSUES-PARKS AND RECREATION-BRIDGES-CITY PROPERTY-CAPITAL IMPROVEMENTS PROGRAM-ECONOMIC DEVELOPMENT-SCHOOLS-STREETS AND ALLEYS: The City Manager and the Director of Finance submitted a joint written report advising that a public hearing was held on July 21, 1997, for the purpose of receiving citizen comment on the proposed $39,030,000.00 general obligation bond issue; and at the conclusion of the public hearing, Council adopted Ordinance Nos. 33497-072197 and 33498-072197, authorizing issuance of $39,030,000.00 principal amount of general obligation bonds and providing for the holding of a referendum in November 1997. 274 ACTION: It was further advised that the Capital Improvement Program, totalling $270,980,797.00 has been revised for fiscal years 1998-2002; the document updates the status of current projects and includes those projects to be funded by the $39,030,000.00 in general obligation bonds; and fiscal year 1998-2002 Capital Improvement Program includes the following: Current Capital Improvement Program, current projects previously approved and funded, totalling $186,605,241.00; Supplemental Capital Improvement Program - Priority I, additional projects recommended for approval and funding, totalling $84,375,556.00; and Exhibit I to the report shows all of the projects included in the recommended Capital Improvement Program. The City Manager and the Director of Finance recommended that Council adopt a resolution endorsing the Capital Improvement Program for fiscal years 1998-2002. (For full text, see joint report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#33534-080497) A RESOLUTION endorsing the Capital Improvement Program submitted by the City Manager and Director of Finance by report of August 4, 1997. (For full text of Resolution, see Resolution Book No. 60, page 107.) Mr. Swain moved the adoption of Resolution No. 33534-080497. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt- ........................ -6. NAYS: None (Mayor Bowers was absent.) .-.. DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the fiscal year ended June 30, 1997, advising that General Fund revenues for fiscal year 1997 total $158,485,416.00; collections exceeded the revenue estimate by 1.9 per cent, or $2,961,531.00; General Fund expenditures and encumbrances totaled $159,719,270.00; unencumbered appropriations were $2,578,893.00, or 1.59 per cent of the General Fund budget; School Fund revenues for fiscal year 1997 total $95,882,957.00; collections exceeded the revenue estimate by 0.39 per cent, or $368,096.00; school expenditures and encumbrances totaled $97,724,124.00; unencumbered appropriations were $586,160.00, or 0.60 per cent of the adopted School Fund budget; and fiscal year 1997 year end designated fund balances for Capital Maintenance and Equipment Replacement (CMERP) for the General Fund and School Fund per requirements of Ordinance No. 26292 are as follows: General Fund Local Tax Revenues Over Estimate Non-Local Tax Revenues Over Estimate Unexpended Appropriations City School O Derations O oeration~ $1,422,950:00 $1,062,388.00 476,193.00 2,578,893.00 School Fund Revenues Over Estimate Unexpended Appropriations Fund Balance Transfer~ Reserve for Un-insured Claims Reserve for Workers' Comp. Claims Other One-Time Adjustments Capital Maintenance and Equipment Replacement Funding Available $ $ 368,096.00 586,159.00 $ 1250,000.00) 22,563.00 94.253.789.00 $1.877,074.00 The Director of Finance explained that the amounts shown above for fiscal year 1997 are unaudited and are subject to change during the course of the City's annual external audit, and the figures are reported to Council for informational and planning purposes. It was further explained that some of the most anxiously awaited information at year end is the amount of designated funding for the Capital Maintenance and Equipment Replacement Program; Ordinance No. 26292, adopted by Council on December 6, 1982, established a reserve of General Fund balance for CMERP; computed pursuant to requirements of Ordinance No. 26292, CMERP for fiscal year 1997 for 275 276 ACTION: Schools is $1,036,801.00 and $4,253,789.00, for the City, or 2.62 per cent of General Fund appropriations; and the following allocation has been calculated based on the Revenue Allocation Model used for the adopted budget: General Fund Designated FY 1997 CMERP City Operations $ 4.253.789.00 School Operations $1.036.801.00 It was pointed out that School Board operations are accounted for in a separate fund; the amount of Capital Maintenance and Equipment Replacement Program funds designated in the School Fund totals $840,273.00, therefore, the total CMERP available to the Schools in both the General Fund and School Fund is $1,877,074.00 ($1,036,801.00 and $840,273.00), or 2.15 per cent of School Fund appropriations. It was noted that a detailed analysis of the Enterprise Funds will be included with the annual financial report; and the Director of Finance reiterated that General and School Fund figures presented in the report are unaudited and subject to change during the audit. (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by Council, the Vice-Mayor advised that the Financial Report would be received and filed. REPORT OF COMMITTEES: BUDGET-INDUSTRIES-STREETS AND ALLEYS-ECONOMIC DEVELOPMENT: Council Member John H. Parrott, Chairperson, Bid Committee, presented a written report on behalf of the Committee, advising that Council authorized execution of an agreement, dated October 1, 1996, between the City of Roanoke, Roanoke Electric Steel Corporation, and the Industrial Development Authority, which provides for construction of a new public roadway serving Roanoke Electric Steel Corporation; and four bids were received for the project, with Haymes Brothers, Inc., submitting the Iow bid, in the amount of $502,357.75. 277 ACTION: The Bid Committee recommended that Council authorize the City Manager to execute a contract, in a form to be approved by the City Attorney, with Haymes Brothers, Inc., in the amount of $502,357.75; and appropriate $221,801.00 from Undesignated Capital Funds to RES Industrial Access Project, Account No. 008-002-9669. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#33535-080497) 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. 60, page 108.) Mr. Parrott moved the adoption of Ordinance No. 33535-080497. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt- ........................................................................ -6. NAYS: None ........................................................................ 0. (Mayor Bowers was absent.) Mr. Parrott offered the following emergency ordinance: (#33536-080497) AN ORDINANCE accepting the bid of Haymes Brothers, Inc., for the construction of an Industrial Access Roadway, Project No. 6354, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 109.) 278 ACTION: Mr. Parrott moved the adoption of Ordinance No. 33536-080497. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt ................................................................. 6. NAYS: None-- .0. (Mayor Bowers was absent.) BUDGET-BRIDGES-STREETS AND ALLEYS: Council Member John H. Parrott, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for repair of bridges at Bridge Street, S. W., and at Dale Avenue, S. E., advising that the City of Roanoke Bridge Inspection Program identified maintenance needs; two bridges with the highest priority maintenance needs have been identified, viz: Norwich Bridge (Bridge Street) No. 8036 and Dale Avenue No. 1903; the project has been designed and now needs to be constructed; and after proper advertisement, four bids were received, with Lanford Brothers Co., Inc., submitting the Iow bid, in the amount of $143,134.00. The Bid Committee recommended that Council concur in the following actions: Authorize the City Manager to execute a contract with Lanford Brothers Co., Inc., for Bridge Repairs - Bridge Street and Dale Avenue, in the amount of $143,134.00, and authorize a project contingency of $15,000.00; Appropriate $150,000.00, which is currently available in the General Fund Transfer to Capital Projects Fund, to Capital Fund Account No. 008-052-9549-9003, Bridge Maintenance; and Reject all other bids received by the City. T~,e City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) --. 279 ACTION: Mr. Parrott offered the following emergency budget ordinance: (#33537-080497) 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. 60, page 110.) Mr. Parrott moved the adoption of Ordinance No. 33537-080497. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt .................................................................... -6. NAYS: None ........................................................................ 0. (Mayor Bowers was absent.) Mr. Parrott offered the following emergency ordinance: (#33538-080497) AN ORDINANCE accepting the bid of Lanford Co., Inc., for repair of the bridges at Bridge Street and at Dale Brothers Avenue, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 110.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 33538-080497. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt ........................................................................... 6. NAYS: None ........................................................................ 0. (Mayor Bowers was absent.) 280 BUDGET-WATER RESOURCES-SEWERS AND STORM DRAINS: Council Member John H. Parrott, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for upgrade and expansion of the Water Pollution Control Plant, advising that five bids were received, with Pizzagalli Construction Co., submitting the apparent Iow bid, in the amount of $16,207,000.00; Instruction to Bidders, paragraph 18.03 of the specifications, permits the withdrawal of a bid which is substantially lower than other bids, if the bid was submitted in good faith and a clerical mistake was made in the bid tabulation; a written request from Pizzagalli Construction Co., for withdrawal of its bid along with bid tabulation sheets, was delivered to the Manager of Supply Management on Thursday, July 10, 1997, at 1:00 p.m., in less than the two days as stipulated in the Instruction to Bidders; and the next Iow bidder was Danis Heavy Construction Co., which bid was $16,690,000.00 and 670 consecutive calendar days for substantial completion of the work and 730 consecutive calendar days for final acceptance. The Bid Committee recommended that Council concur in the following actions: Approve withdrawal of the bid submitted by Pizzagalli Construction Co., due to a mathematical error in the bid tabulation; Authorize the City Manager to enter into a contractual agreement, in a form to be approved by the City Attorney, with Danis Heavy Construction Co., in accordance with contract documents as prepared by Malcolm Pirnie, Inc., Consultants, in the amount of $16,690,000.00 and 730 consecutive calendar days to final completion, subject to receipt of a construction permit from the Department of Environmental Quality ($3,642,384.40 of the contract amount shall be transferred from the BAF contract); Transfer $5,378,715.20 for the City's share of the agreement from Sewage Fund Account No. 003-056-8465- 9001 to Sewage Fund, Upgrade and Expansion of the Water Pollution Control Plant; appropriate $9,041,432.80 to the same account from funds to be provided from other localities and establish an accounts receivable for the same amount; total funding of the contract would be $18,359,000.00, including $3,642,384.00 to be transferred from BAF contract, Account No. 003-056-8470; Reject all other bids received by the City; and Award of the contract is contingent on approval by the Department of Environmental Quality, which letter of approval should be received by the City 'in mid-August 1997. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Swain inquired if controls are in place to monitor involvement of women and minorities by contractors employed by the City of Roanoke in connection with City-funded projects; whereupon, the City Manager advised that in the case of grant money, the State or Federal agency providing the grant funds specifically provides for monitoring; and each bidder is required to sign a document certifying that they will comply with all applicable State and Federal laws as to hiring and non- discriminating practices. He explained that no City staff is currently dedicated specifically to the task, it is a complex question, and City staff will continue to address the matter. Mr. Parrott offered the following emergenc~/budget ordinance: (#33539-080497) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 111.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 33539-080497. The motion was seconded by Mr. Swain and adopted by the following vote: ,[ 282 ACTION: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt. 6. NAYS: None ,0. (Mayor Bowers was absent.) Mr. Parrott offered the following emergency ordinance: (~33540-080497) AN ORDINANCE allowing the withdrawal of a bid by Pizzagalli Construction Co.; accepting the bid of Danis Heavy Construction Co., for the upgrade and expansion of the Water Pollution Control Plant, upon certain terms and conditions, and awarding a lump sum contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 113.) Mr. Parrott moved the adoption of Ordinance No. 33540-080497. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt ...................................................................... 6. NAYS: None-. 0. (Mayor Bowers was absent.) TRAFFIC-EASEMENTS-CONDEMNATION PROCEEDINGS- SCHOOLS-STREETS AND ALLEYS-WATER RESOURCES: Council Member James O. Trout, Vice-Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to acquisition of certain property rights needed by the City for intersection widening in connection with installation of a traffic signal at Colonial Avenue and McNeil Drive, S. W. A staff report advised that the intersection of Colonial Avenue and McNeil Drive, S. W., is a location justified for signalization in the City of Roanoke; Virginia Western Community College has agreed to reimburse the City up to $100,000.00 in costs related to installation of 283 the traffic signal, which offer Council accepted at its meeting on March 17, 1997; traffic signal plans are presently being developed, with schedule for completion of the Colonial/McNeil intersection by the end of the year 1997; funding is available in project Account No. 008-052- 9561-9007, to cover right-of-way costs; and property rights need to be acquired from the following listed tax numbers: PROPERTY OWNER OFFICIAL TAX NUMBER FEE SIMPLE OR PERMANENT EASEMENT Virginia Western Community College, State Board of Community Colleges, Commonwealth of Virginia 1380201 Permanent Easement 1,000 square feet (by donation) City of Roanoke 1380101 Fee Simple 1,500 square feet The Water Resources Committee recommended that Council authorize the City Manager to acquire the abovedescribed property rights. (For full text, see reports on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: (#33541-080497) AN ORDINANCE providing for acquisition of certain property rights needed by the City for the intersection widening in connection with the installation of a traffic signal at the intersection of Colonial Avenue and McNeil Drive, S. W.; setting a certain limit on the consideration to be offered by the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 114.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33541-080497. The motion was seconded by Mr. Harris and adopted by the following vote: 284 AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt ................................ 6. NAYS: None (Mayor Bowers was absent.) LEASES-MARKET SQUARE PARKING GARAGE-WATER RESOURCES: Council Member James O. Trout, Vice-Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to extension of the lease agreement between the City and Orvis Roanoke, Inc., for space in the Market Square Parking Garage building. A staff report advised that Orvis Roanoke, Inc., currently leases approximately 3,000 square feet of retail space from the City in the Market Square Parking Garage, 19 Campbell Avenue, which lease expires on August 31, 1997; rent on the space has been calculated using a base monthly rent, adjusted annually, based on the Consumer Price Index (CPI) plus a percentage of retail sales; and rent collected for 1996 is as follows: 12 months x $779.451month per cent of sales Total Rent = $ 9,353.40 = 15,710.97 $25,064.37 It was further advised that Orvis Roanoke, Inc., desires to renew the lease for a five-year period to insure continuation of its retail store operation; and terms of the lease, including monthly rental with annual Consumer Price Index adjustment and percentage of sales to be paid to the City as rent, will remain the same. The Water Resources Committee recommended that Council authorize the City Manager to extend the lease agreement between the City and Orris Roanoke, Inc., at 19 Campbell Avenue, S. W., for a period of five years from September 1, 1997 to August 21, 2002, said agreement to be in a form to be approved by the City Attorney. (For full text, see reports on file in the City Clerk's Office.) 285 ACTION: Mr. Trout moved that the following ordinance be placed upon its first reading: (#33542) AN ORDINANCE authorizing extension of the lease agreement between the City and Orvis Roanoke, Inc., for the premises located in the Market Square Parking Garage building, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 116.) The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt .......................................................................... 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-TRAFFIC-EASEMENTS-STATE HIGHWAYS- COMMUNITY PLANNING-CAPITAL IMPROVEMENTS PROGRAM- ECONOMIC DEVELOPMENT-VALLEY VIEW MALL-SCHOOLS-STREETS AND ALLEYS: Ordinance No. 33502 amending and reordaining certain sections of the 1997-98 Capital Projects Fund Appropriations, relating to construction and dedication of the 1-581 Interchange at Valley View - Phase I and Valley View Boulevard Extended, having previously been before the Council for its first reading on Monday, July 21, 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: (#33502-080497) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations. (For full text of Ordinance, see Ordinance Book No. 60, page 80.) 286 ACTION: Mr. Trout moved the adoption of Ordinance No. 33502-080497. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt. 6. NAYS: None ................................................................... 0. (Mayor Bowers was absent.) TRAFFIC-EASEMENTS-STATE HIGHWAYS-COMMUNITY PLANNING-CAPITAL IMPROVEMENTS PROGRAM-ECONOMIC DEVELOPMENT-VALLEY VIEW MALL-SCHOOLS-STREETS AND ALLEYS: Ordinance No. 33503 authorizing execution of an agreement with Faison Realty Equities, Inc., Valley View Associates Limited Partnership, Hersch Associates Limited Partnership, and FCD- Shenandoah Limited Partnership providing for certain obligations concerning the construction and dedication of the 1-581 Interchange at Valley View Boulevard - Phase I and Valley View Boulevard Extended; authorizing execution of an agreement with the Roanoke City School Board related to properties needed for road construction; and authorizing execution of appropriate documents by the proper City officials to provide for dedication of 10,880 sq. ft., more or less, of permanent right-of-way and 24,044 sq. ft., more or less, of temporary construction easement to the Commonwealth of Virginia and/or VDOT for the 1-581 Interchange and dedication for street purposes of 26,554 sq. ft., more or less, of permanent right-of-way, and 12,052 sq. ft., more or less, of a 20-foot temporary construction easement for Valley View Boulevard Extended, having previously been before the Council for its first reading on Monday, July 21, 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: (#33503-080497) AN ORDINANCE authorizing execution of an agreement with Faison Realty Equities, Inc., Valley View Associates Limited Partnership, Hersch Associates Limited Partnership, and FCD- Shenandoah Limited Partnership providing for certain obligations concerning the construction and dedication of the 1-581 Interchange at Valley View Boulevard - Phase I and Valley View Boulevard Extended; authorizing the execution of an agreement with the Roanoke City School Board related to properties needed for road construction; and authorizing the execution of appropriate documents by the proper City 287 ACTION: officials to provide for the dedication of 10,880 sq. ft., more or less, of permanent right-of-way and 24,044 sq. ft., more or less, of temporary construction easement to the Commonwealth of Virginia and/or VDOT for the 1-581 Interchange and the dedication for street purposes of 26,554 sq. ft., more or less, of permanent right-of-way, and 12,062 sq. ft., more or less, of a 20-foot temporary construction easement for Valley View Boulevard Extended. (For full text of Ordinance, see Ordinance Book No. 60, page 81.) Mr. Trout moved the adoption of Ordinance No. 33503-080497. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain and Trout ......................................................................................... 5. NAYS: Vice-Mayor Wyatt ..................................................... 1. (Mayor Bowers was absent.) BUDGET-TRAFFIC-STATE HIGHWAYS-CAPITAL IMPROVEMENTS PROGRAM-GREENWAY SYSTEM-CONSULTANTS REPORTS-VALLEY VIEW MALL: Budget Ordinance No. 33505 amending and reordaining certain sections of the 1997-98 Capital Projects Fund Appropriations, relating to execution of Change Order No. 4 to the City's contract with Mattern and Craig, Inc., for consulting services in connection with the 1-581 Interchange project, having previously been before the Council for its first reading on Monday, July 21, 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: (#33505-080497) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations. (For full text of Ordinance, see Ordinance Book No. 60, page 82.) ACTION: Mr. Trout moved the adoption of Ordinance No. 33505-080497. The motion was seconded by Mr. Swain and adopted by the following vote: 288 ACTION: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt ............. -6. NAYS: None .0. (Mayor Bowers was absent.) PARKS AND RECREATION-CITY PROPERTY-SCHOOLS: Ordinance No. 33507 authorizing the City Manager to enter into an agreement with the Garden City Recreation Club to construct a permanent concessionlstoragelrestroom building at Garden City Park behind the existing baseball backstop, upon certain terms and conditions, having previously been before the Council for its first reading on Monday, July 21, 1997, read and adopted on its first reading and laid over, was again before the body, Mr. Swain offering the following for its second reading and final adoption: (ft33507-080497) AN ORDINANCE authorizing the City Manager to enter into an agreement authorizing the Garden City Recreation Club to construct a structure at Garden City Park, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 83.) Mr. Swain moved the adoption of Ordinance No. 33507-080497. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt ...................... 6. NAYS: None .................................................................. O. (Mayor Bowers was absent.) ZONING: Ordinance No. 33516 rezoning that certain 1.96-acre tract of land located on Orange Avenue, N. W. (Route 460 East), Official Tax No. 7140114, from LM, Light Manufacturing District, to C-2 General Commercial District, subject to proffers contained in the First Amended Petition filed in the Office of the City Clerk on June 3, 1997, subject to any changes required by the City during site plan review, having 289 ACTION: previously been before the Council for its first reading on Monday, July 21, 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: (#33516-080497) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 714, 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 85.) Mr. Trout moved the adoption of Ordinance No. 33516-080497. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Vice-Mayor Wyatt ........................................................................... 6. NAYS: None ........................................................................ 0. (Mayor Bowers was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: DECEASED PERSONS: Mr. Parrott requested that the City Attorney prepare the proper measure memorializing the late William W. Field. COUNCIL-REFUSE COLLECTION-AIR POLLUTION CONTROL- RECYCLING-LICENSES: Council Member Swain referred to operations of BFI Roanoke Valley Materials Recovery Facility, 341 24th Street, N .W., and expressed concern with regard to a compliance report prepared by the Virginia Department of Environmental Quality (DEQ) in which the facility received numerous marginal or unsatisfactory ratings. He called attention to concerns expressed by residents of the area regarding dust and odor from the facility, and alluded to a request 290 of BFI to increase the processing of refuse from approximately 210 tons to 350 tons per day. He requested that the City Manager investigate the matter and obtain a clarification of definitions used in the DEQ compliance report. Vice-Mayor Wyatt inquired as to whether BFI is in compliance with its license agreement to operate as a recycling facility. ACTION: Mr. Swain moved that the matter be referred to the City Manager and the City Attorney to take the necessary steps to protect the interests of the citizens of the City of Roanoke. The motion was seconded by Mr. Trout and adopted. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: COMPLAINTS-COUNCIL-CITY GOVERNMENT: Mr. Robert D. Gravely, 1524 Hanover Avenue, N. W., appeared before Council and advised that through God, there are funds to be channeled to the City of Roanoke to be used for certain work that needs to be done. There being no further business, the Vice-Mayor declared the meeting adjourned at 3:50 p.m. ATTEST: Mary F. Parker City Clerk APPROVED 291 ROANOKE CITY COUNCIL ........... SPECIAL MEETING August 12, 1997 2:00 p.m. The Council of the City of Roanoke held its third special meeting/workshop to discuss a report of the Modified Election District Task Force on Tuesday, August 12, 1997, at 2:00 p.m., in the Emergency Operations Center (EOC) Conference Room, Room 159, Municipal Building South, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to a motion adopted by the Members of City Council at its regular meeting held on Monday, July 7, 1997. PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ............................................................................................ 7. ABSENT: None ..................................................................................... 0. OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling, Jr., City Attorney; and Sandra H. Eakin, Deputy City Clerk. OTHERS PRESENT: Kit B. Kiser, Director of Utilities and Operations; William D. Bestpitch, Member, Modified Election District Task Force; Michael Gray, Fifth Planning District Commission; and Todd Jackson, The Roanoke Times. The Mayor advised that the purpose of the meeting was to conduct the third of three work sessions of Council to review and approve a modified election district plan, including the boundaries of the proposed election districts, to be the subject of a referendum on November 4, 1997. He explained that by motion adopted on April 22, 1996, City Council created the Citizens Task Force to Recommend a Modified Election District System for the Election of Members of the Roanoke City Council, and after an extensive public participation process, including the conduct of workshops in eleven neighborhoods of the City, the Task Force rendered its final report to City Council on June 16, 1997; and Council held work sessions on July 15 and July 29, 1997, and conducted a public hearing at 7:00 p.m., on Monday, July 28, 1997, to review and consider the modified election district plan. It was further advised that at its work session on July 15, Council adopted Resolution No. 33496- 071597 establishing guidelines to be adhered to by City Council in reviewing and approving a modified election district plan for the election of members of City Council and in the drawing of election districts for City Council; that at its work 292 session on July 29, Council approved the amended five district map; and on August 18, Council will consider a Resolution to approve the language of the proposed Charter amendment providing for election of members of City Council under a modified election district plan, approving a map, subject to a positive referendum, establishing the boundaries of five proposed election districts for the election of members of City Council, and directing and providing for the holding of a referendum in the City on November 4 to determine whether the qualified voters of the City desire that the City Council request the General Assembly to amend the Roanoke Charter of 1952 to include the proposed new section providing for election of City Council members under a modified election district plan. The City Attorney stated that on July 29 discussion was held with respect to the question as to whether during the transition period, should an at-large Council Member elected to a four year term in 1998 be permitted to retain his or her at large seat and run for a district seat in 2000, and he had advised that this is not prohibited by the draft Charter amendment; that before assuming the district seat the Council Member would be required to resign from the at large seat; even if prohibited, an at large Council Member could always resign his or her seat and run for a district seat; and Council had adopted a motion that during the transition period, any at large Council Member elected to a four year term in 1998 shall be permitted to retain his or her at large seat and run for a district seat in 2000, except that he or she cannot hold both seats. Mr. Dibling stated that he had consulted with election law experts with respect to the lawfulness of the proposed composition of City Council during the transition period from July 1, 2000 through June 30, 2002, and advised that in this transitional period, City Council would consist of a Mayor elected at large in May, 2000, three district members elected in May, 2000, and three hold-over at large members elected in May, 1998; that during the transition period, sixty per cent of the City's citizens would be represented by a dedicated district representative, three at large Council members and an at-large Mayor; at the same time, forty per cent of the City's voters would be represented only by three at large Council members and an at large Mayor; and since sixty per cent of the population would have more representation on Council than the other forty per cent, the transition proposal would appear to violate the one person - one vote principles. The City Attorney stated that although he has strived to devise a transition plan that would avoid short terms and which would maintain the benefits of the current staggered election system, he could not recommend the transition plan currently under consideration; therefore, he must recommend that the Council members elected in May, 1998, be elected to two year terms with all Council terms expiring on June 30, 2000. 293 The City Attorney referred to the following issues remaining to be resolved: In May, 2000, which offices will be elected for 4-year terms and which offices will be elected for 2-year terms commencing July1, 2000? Alternatives: B Elect Mayor and 3 district members for 4-year terms. Elect Vice-Mayor and 2 district members for 2-year terms. Elect Mayor, Vice-Mayor and 2 district members for 4-year terms. Elect 3 district members for 2-year terms. In May, 2000, which district members will be elected for 4-year terms and which district members for 2-year terms? If Alternative l.a. is selected, there are at least 4 alternatives: (1) Districts 1, 4 and 5 elect members for 4-year terms (these are the districts in which Council members who will receive short terms in the 1998 election reside). Districts 2 and 3 elect members for 2-year terms. (2) (3) Numerical order- 1, 2 and 3 receive 4-year terms; 4 and 5 receive 2-year terms. Odd-even - 1, 3 and 5 receive 4-year terms; 2 and 4 receive 2-year terms. (4) By lot. If Alternative alternatives: l.b. is selected, there are at least 3 (1) (2) Numerical order - 1 and 2 receive 4-year terms; 3, 4 and 5 receive 2-year terms. Odd-even - 2 and 4 receive 4-year terms; 1, 3 and 5 receive 2-year terms. (3) By lot. 294 3. Approve amended Charter language. Approve ballot question as amended at July 15, 1997 work session. Mr. Harris moved that the ballot question, as amended at the July 15, 1997 work session, be approved, as follows: BALLOT 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? [] YES [] NO The motion was seconded by Vice-Mayor Wyatt and adopted. The City Attorney advised with regard to the language of the proposed Charter amendment, that a Resolution would be presented for Council's consideration at its meeting on August 18, 1997, to approve for purposes of a referendum the language of a proposed new Section 4.1 of the Roanoke Charter of 1952 providing for the election of members of City Council under a modified election district plan. Mr. Harris moved that Council approve Alternative 1.a., to elect the Mayor and 3 district members for 4-year terms, and elect the Vice-Mayor and 2 district members for 2-year terms, relating to the question as to in May, 2000, which offices will be elected for 4-year terms and which offices will be elected for 2-year terms commencing July 1, 2000. The motion was seconded by Mr. Trout. The Mayor stated that he was opposed to Alternative 1.a. and was in favor of Alternative l.b., to elect the Mayor, Vice-Mayor and 2 district members for 4-year terms and elect 3 district members for 2-year terms. Following discussion, the motion of Mr. Harris, seconded by Mr. Trout, to approve Alternative l.a. was adopted, Mayor Bowers voting no. There was discussion with regard to item 2.a., relating to the question as to in May, 2000, which district members will be elected for 4-year terms and which district members will be elected for 2-year terms; whereupon, the City Attorney advised that there are at least four alternatives, as follows: (1) Districts 1, 4 and 5 elect members for 4-year terms (these are the districts in which Council members who will receive short terms in the 1998 election reside); and Districts 2 and 3 elect members for 2-year terms. (2) Numerical order - Districts 1, 2 and 3 receive 4-year terms; and Districts 4 and 5 receive 2-year terms. (3) Odd-even - Districts 1, 3 and 5 receive 4-year terms; and Districts 2 and 4 receive 2-year terms. (4) By lot. Mr. Trout moved that Council approve Alternative 2.a.(1), to provide that Districts 1, 4 and 5 will elect members for 4-year terms (these are the districts in which Council members who will receive short terms in the 1998 election reside); and Districts 2 and 3 will elect members for 2-year terms, relating to the question as to in May, 2000, which district members will be elected for 4-year terms and which district members will be elected for 2-year terms. The motion was seconded by Mr. White. 295 Following discussion with regard to approval of Alternative 2.a.(1), Mr. Trout moved to call for the vote on the motion to adopt Alternative 2.a.(1). The motion was seconded by Mr. Swain. The motion of Mr. Trout, seconded by Mr. Swain, to call for the question was denied by the following vote: AYES: Council Members Harris, Swain and Trout ........................................ 3. NAYS: Council Members Parrott, White, Wyatt and Mayor Bowers ............ -4. Following further discussion, the motion to adopt Alternative 2.a.(1), to provide that in May, 2000, Districts 1, 4 and 5 will elect members for 4-year terms, and Districts 2 and 3 will elect members for 2-year terms, was'~dopted, Vice-Mayor Wyatt voting no. 296 The City Attorney advised of the need to fill in the blanks in items © and (d) of the proposed new Section 4.1 of the Roanoke City Charter of 1952 to replace current Section 4 of the Charter. Following discussion, it was the consensus of the majority of Council that the proposed new Section 4.1 of the Roanoke City Charter of 1952 to replace current Section 4 of the Charter, should read as follows: Roanoke City Charter New Section 4.1 to Replace Repealed Section 4 §4.1 Composition of council; election of mayor, vice-mayor and members; terms; creation of election districts; vacancies; continuing body. (a) On and after July 1, 2000, the council shall consist of the mayor, vice-mayor and five (5) other members to be elected and to serve for the terms set forth in this section. (b) The mayor of the city shall be elected at large by the qualified voters of the city on the first Tuesday in May, 2000. The mayor shall serve for a term of four (4) years from the first day of July next following the date of election and until a successor is elected and qualified. (c) The vice-mayor of the city shall be elected at large by the qualified voters of the city beginning with the regular councilmanic election on the first Tuesday in May, 2000. The vice-mayor elected on the first Tuesday in May, 2000, shall serve for a term of two (2) years from the first day of July next following the date of election and until a successor is elected and qualified. Beginning with the election on the first Tuesday in May, 2002, and thereafter, the vice-mayor shall be elected for a term of four (4) years from the first day of July next following the date of election and until a successor is elected and qualified. (d) In addition to the mayor and the vice-mayor, the council shall consist of five (5) members who shall be elected from and be qualified voters in election districts established by council with one (1) council member to be elected from each district. The election districts shall be designated district 1, district 2, district 3, district 4 and 297 (e) (g) (h) district 5, and the boundaries of each district shall be established by ordinance of city council pursuant to subsection (e) of this section. On the first Tuesday in May, 2000, three (3) council members shall be elected, one (1) each from districts 1, 4 and 5, for terms of four (4) years, and two (2) Council members shall be elected, one (1) each from districts 2 and 3, for terms of two (2) years. Thereafter, Council members shall serve for terms of four (4) years. All terms of council members shall commence on the first day of July next following the date of election, and all council members shall serve until their successors have been duly elected and qualified. The Council shall, by ordinance and in accordance with the general laws of the Commonwealth, divide the City into five election districts for the purpose of electing one member of council from each such district. Nothing herein contained shall be construed to affect the terms of council members elected or appointed under the provisions of this charter prior to the regular councilmanic election in the year 2000 or thereafter until their respective terms expire. No person may be a candidate for the office of mayor or the office of vice-mayor and for the office of council member in the same election. Any vacancy in the office of mayor, vice-mayor or council member shall be filled within thirty days, and until the day upon which the terms of office of council members elected in the next following regular councilmanic election shall commence, by a majority vote of the remaining members of council, and if as much as two years of any such unexpired term of the mayor, vice-mayor or member of council remains at the time of such next regular councilmanic election, a mayor or vice-mayor or council member, as the case may be, shall be elected at said election for the remaining portion of such unexpired term. Any vacancy in an election district shall be filled by a qualified voter of such district. 298 (I) The council shall be a continuing body, and no measure pending before such body shall abate or be discontinued by reason of the expiration of the term of office or removal of the members of said body, or any of them. Mr. Swain moved that Council approve the amended language of the proposed new Section 4.1 of the Roanoke City Charter of 1952, for purposes of a referendum on November 4, 1997, providing for election of members of City Council under a modified election district plan. The motion was seconded by Mr. Trout and adopted. The City Attorney advised that he would present a Resolution for Council's consideration at its regular meeting on Monday, August 18, 1997, which will set forth the proposed Charter amendment language, set forth the ballot question, ordain the approved district map, and authorize him to file, for and on behalf of the City, any petitions, motions, pleadings, applications, certificates and other legal papers with Federal and State Courts and administrative agencies deemed necessary and proper by him to implement a referendum on November 4, 1997; and if the Resolution is approved by Council on August 18, 1997, he will file a petition requesting entry of a Writ of Election by the Circuit Court on August 19, 1997. There being no further business, the special meeting/workshop was adjourned at 2:55 p.m. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk David A. Bowers Mayor 299 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL August 18, 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, August 18, 1997, at 12:15 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Re_~ular Meetincjs, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout and Mayor David A. Bowers .......................................... 5. ABSENT: Council Member William White, Sr., and Vice-Mayor Linda F. Wyatt ................................................................................................ 2. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. COUNCIL-INDUSTRIES: The Members of Council and City staff participated in a tour of Cybermotion, Inc., a business industry, 719 Gainsboro Road, N. W., City of Roanoke. Cybermotion, Inc., was founded in 1984 with the mission of developing and commercializing mobile robotics vehicles. At 12:20 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, August 18, 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 Linda F. Wyatt, C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout and Mayor David A. Bowers ............................ 6. ABSENT: Council Member William White, Sr.- .......................................... 1. 300 OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Council Member C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called attention to three requests for Executive Session to discuss a legal matter requiring the provision of legal advice by counsel, specifically the terms and conditions of the settlement of a lawsuit; a legal matter requiring the provision of legal advice by counsel, specifically the performance of a public contract; and personnel matters to discuss vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the regular meetings of Council held on Monday, May 5, 1997; the City Council Personnel Committee meetings held on Monday, May 5, and Tuesday, May 6, 1997; the special meeting of City Council held on Monday, May 12, 1997; and the regular meeting of City Council held on Monday, May 19, 1997, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) ACTION: Mr. Trout moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member White was absent.) 301 COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(I), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. Trout moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member White was absent.) COUNCIL: A report of the City Attorney requesting that Council convene in Executive Session to discuss a specific legal matter requiring the provision of legal advice by counsel, specifically the terms and conditions of the settlement of a lawsuit, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Trout moved that Council concur in the request of the City Attorney to convene in Executive Session to discuss a specific legal matter requiring the provision of legal advice by counsel, specifically the terms and conditions of the settlement of a lawsuit, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: 302 AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None .0. (Council Member White was absent.) PARKS AND RECREATION-YOUTH: A report of the City Manager with regard to a joint effort of the Roanoke City and Roanoke County Parks and Recreation Departments to develop a skatepark facility which would be centrally located and accessible to youth throughout the Roanoke Valley, was before Council. ACTION: Mr. Trout moved that the matter be removed from the Consent Agenda for discussion as a separate item. The motion was seconded by Mr. Swain and adopted. COMMUNICATIONS DEPARTMENT-TELEPHONE EQUIPMENT: A report of the City Manager advising that on November 26, 1996, Lynn M. Davis, President, Valley Beautiful, requested that the four Valley governments establish a task force of citizens, industry representatives, and government agency representatives to develop guidelines which would foster adequate cellular telephone coverage with the least impact on the surrounding area; and the matter was referred to the City's Department of Planning and Community Development for consideration, was before Council The City Manager further advised that last year, President Clinton signed the Telecommunications Act of 1996, which restructured and deregulated most aspects of the nation's communications industry; one of the issues facing local governments in Virginia and around the nation is how to address the tremendous growth of cellular and persona! communications service technologies; and the City of Roanoke and other Valley governments must play a leadership role in defining land use, zoning and service policies to ensure that community needs are considered and protected. It was explained that the City has responded by developing a policy to authorize providers to place antenna on existing City facilities such as water tanks; representatives from the City Planning Commission and City Planning Department staff also participate on a regional task force, the Wireless Facilities Committee, and the objective 303 ACTION: of the Committee is to develop a uniform regional policy to guide the siting of new cellular towers which would be adopted by all participating local governments; and should necessary zoning changes be needed, appropriate recommendations will be forwarded to Council from the City Planning Commission. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that the report be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ O. (Council Member White was absent.) SEWERS AND STORM DRAINS-COMPLAINTS-FLOOD REDUCTION/CONTROL: A report of the City Manager with regard to the following concerns expressed by Mrs. Patsy Stroop, property owner at 3748 Chesterton Street, S. W., at City Council meetings held on June 2, 1997, and June 18, 1997, relating to flooding and drainage problems in the neighborhood, was before Council. Sanitary sewer overflows When will the main be enlarged? Can constricted section be relocated into unpopulated area? Neighbor's fence - If the fence remains, can the bottom be raised to allow runoff to pass under fence? Driveway culverts - What is the cost to enlarge the culverts in this area? Status of Roanoke Valley Regional Stormwater Study? Feasibility of City purchasing the property at 3748 Chesterton Street for a stormwater detention area? Feasibility of floodproofing the crawl space? 3O4 ACTION: ACTION: It was explained that the report is informational and no action by Council is required. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that the report be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ........................................................................... 6. NAYS: None ,0. (Council Member White was absent.) YOUTH-COMMUNITY PLANNING-FIFTH PLANNING DISTRICT COMMISSION-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Elvah D. Taylor as a member of the Youth Services Citizen Board for a term ending May 31, 2000; and David C. Anderson as a City representative to the Fifth Planning District Commission for a term ending June 30, 2000. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. Trout moved that the reports of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ................................................................... 0. (Council Member White was absent.) 305 COUNCIL: A report of the City Attorney requesting that Council convene in Executive Session to discuss a specific legal matter requiring the provision of legal advice by counsel, that is the performance of a public contract, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Trout moved that Council concur in the request of the City Attorney to convene in Executive Session to discuss a specific legal matter requiring the provision of legal advice by counsel, that is the performance of a public contract, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member White was absent.) REGULAR AGENDA PARKS AND RECREATION-YOUTH: A report of the City Manager with regard to a joint effort of the Roanoke City and Roanoke County Parks and Recreation Departments to develop a skatepark facility which would be centrally located and accessible to youth throughout the Roanoke Valley, was before Council. The City Manager advised that strategy on moving forward on the City's community-wide needs assessment of Parks and Recreation will be provided; Council has included several million dollars for Parks and Recreation in the November 1997 bond referendum; a citizens committee will be organized to insure citizen involvement; and general Parks and Recreation needs, as well as special projects such as skateboarding and strategies to address certain needs at Victory Stadium, will be the focus of the citizen participation process. (For full text, see report on file in the City Clerk's Office.) 306 ACTION: ACTION: John W. Coates, Manager, Department of Parks and Recreation, advised that over the past year, the Parks and Recreation Department, in conjunction with Roanoke County, has studied the feasibility of implementing a skatepark in the City of Roanoke. He called attention to an existing unsupervised informal facility in Blacksburg which has created an atmosphere where young people come and go, and they abide by rules and regulations regarding the wearing of safety equipment. He referred to meetings which have been held with a group of youth in the community who participate in skateboarding, and he would like to offer them the opportunity to visit the Blacksburg facility and to review information on other state-of-the-art skateboarding facilities, to be followed by a design sheret which would allow the youth to design a type of skateboard facility for the City and a proposed location. Without objection by Council, the Mayor advised that the report would be received and filed. HEARING OF CITIZENS UPON PUBLIC MATTERS: BUDGET-GENERAL DISTRICT COURT-COMMONWEALTH'S ATTORNEY-DEMNQUENT TAXES-CIRCUIT COURT-J & D RELATIONS DISTRICT COURT: The Honorable Donald S. Caldwell, Commonwealth's Attorney, presented information with regard to the Cost Collection effort for fiscal year 1996-97, a four year comparison of delinquent collections in Roanoke City General District Court, an overview of General District Court revenue stream, and a four year comparison of delinquent collections in Roanoke City General District Court. (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. PETITIONS AND COMMUNICATIONS: BUDGET-DRUGS/SUBSTANCE ABUSE-COMMONWEALTH'S ATTORNEY: A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, advising that Federal funding was made available to the Commonwealth of Virginia to be used for the development of several Multi-Jurisdictional SpeCial Drug Prosecutors statewide, which positions were developed to coordinate prosecutorial 307 efforts among independent jurisdictions, reduce fractional and duplicate prosecutions, enhance the recovery of criminal assets, utilize Federal, State and local resources to assure maximum prosecutorial effectiveness, and to provide specialized prosecutorial resources to the regional drug enforcement effort; and in addition, the Regional Drug Prosecutor has been cross-designated as an Assistant United States Attorney, which will permit a State prosecutor to make use of the Federal Grand Jury. It was further advised that the Commonwealth's Attorneys for the Counties of Craig, Franklin, and Roanoke, and the Cities of Roanoke and Salem applied on October 9, 1987, to the Commonwealth's Attorneys' Services Council, the State agency responsible for administration of the grant money, to fund a Multi-Jurisdictional Special Drug Prosecutor; City Council accepted the Multi-Jurisdictional Special Drug Prosecutor Grant in April 1988, and a full-time Special Drug Prosecutor was hired in July 1988. It was explained that on April 15, 1994, the Commonwealth's Attorney's Office was notified that legislation approved by the General Assembly allowed funds for Drug Prosecutor positions to be transferred from the Department of Criminal Justice Services and the Commonwealth's Attorneys' Services Council to the Compensation Board; as a result, the Drug Prosecutor positions that serve Craig County, Franklin County, Roanoke County, Roanoke City and Salem City will be funded through the offices of Commonwealth's Attorneys in the host localities, effective July 1, 1994; on April 30, 1997, the Compensation Board approved funds for the Drug Prosecutor's Office for the period July 1, 1997 through June 10, 1998, in the following amounts: $65,119.00 for staff salaries and $11,292.00 for office expenses, for a total of $76,411.00; and in addition, the Compensation Board will reimburse the City of Roanoke for fringe benefits which should be approximately $7,000.00. The Commonwealth's Attorney recommended that Council concur in the following actions: Accept and continue participation in funding for the Drug Prosecutor positions through the Compensation Board, in the amount of $83,411.00; 308 ACTION: Authorize the City Manager to sign and execute all appropriate documents to obtain funding for the Drug Prosecutor positions through the State Compensation Board; Budget funding in the amount of $83,411.00 to be received from the Compensation Board in a revenue account to be established by the Director of Finance; and Appropriate funding in the amount of $83,411.00. A report of the City Manager concurring in the recommendation of the Commonwealth's Attorney was also before Council. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33544-081897) 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 119.) Mr. Trout moved the adoption of Ordinance No. 33544-081897. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None- (Council Member White was absent.) Mr. Trout offered the following resolution: 309 ACTION: (#33545-081897) A RESOLUTION authorizing acceptance of funding for the drug prosecutor's office by the Compensation Board of the Commonwealth of Virginia and authorizing acceptance, execution and filing of all appropriate documents to obtain such funds. (For full text of Resolution, see Resolution Book No. 60, page 121.) Mr. Trout moved the adoption of Resolution No. 33545-081897. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member White was absent.) BUDGET-POLICE DEPARTMENT-COMMONWEALTH'S ATTORNEY-GRANTS-EQUIPMENT-DRUGS/SUBSTANCE ABUSE: A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, advising that in an effort to better fund law enforcement efforts to fight crime, particularly drug crime, in 1986 the Federal Government adopted a system of asset forfeiture whereby forfeited assets, under certain conditions, could be returned to local law enforcement agencies, police and prosecutors, for use in their fight against crime, was before Council. It was further advised that periodically, assets seized as evidence are ordered forfeited by local courts to the police or the Office of the Commonwealth's Attorney to be used for criminal law enforcement efforts; and in August 1991, a Grant Fund account for cash assets forfeited to the Office of the Commonwealth's Attorney was established with an appropriation of $25,000.00. It was explained that since August 1991, the Office of Commonwealth's Attorney has expended the $25,000.00 originally appropriated; revenues collected through July 15, 1997, for the grant are $70,015.00, and were deposited in Account No. 035-035-1234-7107; current revenue estimate is $57,491.00; funding received in excess of the estimated revenue totals $12,524.00 and needs to be appropriated; in order to facilitate receipt and distribution of the funds, as well as 310 protect the public's confidence through systematic accounting, action by Council is requested to authorize the Director of Finance to continue the Grant Fund accounts through which the Commonwealth may deposit and disperse funds. The Commonwealth's Attorney recommended that Council continue Grant Fund accounts for receipt of cash assets forfeited to the Office of the Commonwealth's Attorney under provisions of the Virginia Asset Forfeiture statute and concur in the following actions: Appropriate $12,524.00 to the following Grant Fund accounts: Administrative Supplies 035-026-5140-2030 $ 3,524.00 Expendable Equipment (<500.00) 035.026-5140-2035 1,500.00 Training and Development 035-026-5140-2044 1,500.00 Other Rental 035-026-5140-3075 2,000.00 CIS - Personal Computer Rent/Maintenance 035.026-5140-7007 2,000.00 Expendable Equipment (>$500.00) 035.026-5140-9005 2.000.00 Total $12,524.00 Increase revenue estimate for the Grant funds, in the amount of $12,524.00. A report of the City Manager concurring in the request of the Commonwealth's Attorney, was also before Council. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: ACTION: (#33546-081897) 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 121 .) Mr. Trout moved the adoption of Ordinance No. 33546-081897. The motion was seconded by Mr. Swain and adopted by the following vote: 311 AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ........................................................................ 0. (Council Member White was absent.) BONDS/BOND ISSUES-INDUSTRIES-HOSPITALS: A communication from Harwell M. Darby, Jr., Attorney, representing the Industrial Development Authority of the City of Roanoke, requesting approval of a plan to assist Carilion Health System Obligated Group in financing a portion of the costs of certain renovation, capital equipment acquisition, and other improvements to certain'hospital facilities, by issuance of the Authority's Hospital Revenue Bonds, Series 1997A and Series 1997B, in an amount not to exceed $80.0 million, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33547-081897) A RESOLUTION of the City Council of the City of Roanoke, Virginia authorizing, among other things, the issuance of not to exceed $80,000,000 aggregate principal amount of two series of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group) Series 1997A and Series 1997B, to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended. (For full text of Resolution, see Resolution Book No. 60, page 123.) 312 ACTION: Mr. Trout moved the adoption of Resolution No. 33547-081897. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout and Mayor Bowers ............................................................................. 5. NAYS: None. 0. (Council Member White was absent.) (Council Member Parrott abstained from voting.) Mr. Swain inquired as to the estimated number of employees to be hired and the salary range; whereupon, Robert E. Glenn, Attorney advised that he would provide the information. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: HUMAN DEVELOPMENT-NEIGHBORHOOD ORGANIZATIONS- HOUSING/AUTHORITY-GRANTS-ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager submitted a written report advising that each year since 1992, the City of Roanoke has received a HOME entitlement grant from the U. S. Department of Housing and Urban Development (HUD); HOME funds are used to increase the amount of affordable housing available to Iow-income families; of each year's HOME grant, 15 per cent must be reserved for projects conducted by certified Community Housing Development Organizations (CHDOs), with an additional five per cent of each year's grant to be provided to CHDOs for operating expenses; the City has certified the Northwest Neighborhood Environmental Organization (NNEO) to be a bona fide CHDO, as defined by HUD; and the NNEO has been successfully conducting CHDO projects for four consecutive years. It was further advised that for the 1997-98 period, the Northwest Neighborhood Environmental Organization requested Community Housing Development Organization funds for operating expenses and acquisition of property located at 1011 Fairfax Avenue, N. W., which will be rehabilitated at a later date and offered as affordable housing to eligible families; Council authorized $37,000.00 in new CHDO funding for NNEO as part of the Annual Update to the Consolidated Plan (Annual Update) approved for submission to the U. S. Department of Housing and Urban Development on May 12, 1997, pursuant to Resolution No. 33402-051297; written approval of the plan by HUD was received on July 3, 1997; and new funding for NNEO is composed of $20,000.00 for operating expenses and $17,000.00 for acquisition of property. The City Manager recommended that he be authorized to execute the 1997-98 HOME Agreement with the Northwest Neighborhood Environmental Organization and amendments thereto, if necessary, to be approved as to form by the City Attorney; and any such amendments shall be within the limits of the funds appropriated by Council and for the purposes set forth in the Agreement. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33548-081897) A RESOLUTION authorizing the City Manager to execute a grant agreement with the Northwest Neighborhood Environmental Organization (NNEO), to providefunding for the renovation and sale of a vacant house located at 1011 Fairfax Avenue, N. W., upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 60, page 127.) ACTION: Mr. Trout moved the adoption of Resolution No. 33548-081897. The motion was seconded by Mr. Harris and adopted by the following vote: 313 AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member White was absent.) 314 COMMUNITY PLANNING-SISTER CITIES-SCHOOLS-STREETS AND ALLEYS-STREET NAMES: The City Manager submitted a written report advising that construction and realignment of a major street thoroughfare in the City has resulted in the need to officially name and/or rename the following public streets: Section of new public street thoroughfare as the same now extends from Salem Avenue, in the downtown area, to an intersection with Gainsboro Road, and Harrison Avenue, N. W.; and Existing section of the original Gainsboro Road that is now severed and isolated from the main alignment of Gainsboro Road. It was further advised that the Office of Planning and Community Development has also received written requests from certain property owners for the City to name and rename the following public and private streets: Public street, Shadblow Lane, S. W.; and Unnamed section of private street as the same extends through the property of Roanoke Catholic School. The City Manager recommended that Council approve the request to officially name and/or rename the abovedescribed public and private streets: Designate and officially name the new section of public street thoroughfare (generally referred to as the new Second Street/Gainsboro Road connection), from its intersection with Salem Avenue, S. W., to its intersection with Harrison Avenue, N. W., as a continuation of Gainsboro Road; Designate and officially rename the non-connecting section of the original Gainsboro Road, as Old Gainsboro Road, N. W.; Designate and officially rename the existing public street, Shadblow Lane, S. W., as Willow Oak Circle, S. W., as requested by the residents; and 315 ACTION: Designate and officially name the described section of unnamed private street that currently extends through the property of Roanoke Catholic School, as Celtic Way, N. W., as requested by the owners of Roanoke Catholic School. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33549-081897) A RESOLUTION authorizing the City Manager to officially name and rename certain public and private streets within the City. (For full text of Resolution, see Resolution Book No. 60, page 127.) Mr. Trout moved the adoption of Resolution No. 33549-081897. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ...................................................................... 0. (Council Member White was absent.) The Mayor inquired if consideration has been given to naming streets in the City of Roanoke in honor of Roanoke's Sister Cities of Kisumu, Kenya, Pskov, Russia, FlorianOpolis, Brazil, Opole, Poland, and Lijiang, China; whereupon, the City Manager advised that he would refer the matter to the City Planning Commission for consideration,. BUDGET-FIRE DEPARTMENT-ROANOKE CIVIC CENTER- EQUIPMENT: The City Manager submitted a written report advising that Whitescarver, Hurd & Obenchain, Inc., Consulting Engineers, were employed on August 19, 1997, for the sum of $52,500.00, with a $7,$00.00 contingency, to design and produce contract documents to replace the fire alarms and temperature controls at the Roanoke Civic Center in order to comply with present codes and standards; and the project was advertised and two bids were received on May 8, 1997, which bids were rejected at the July 21, 1997 Council meeting with the understanding that the contract documents would be reworked to lower the contract price. 316 ACTION: It was further advised that the Civic Center Administration, Whitescarver, Hurd & Obenchain, Inc., and City Engineer personnel discussed acceptable ways of reducing the contract amount, with major changes in the fire alarm controls; Whitescarver, Hurd & Obenchain, Inc., took the agreed upon recommendations and studied the change effect on the contract documents, and then informed the City Engineer that at least three weeks would be needed to make the required changes and readvertise the project, with an estimated cost of the change in scope of work not to exceed $15,000.00; and contract documents should be revised and the project needs to be re-advertised in order to proceed. The City Manager recommended that Council transfer $15,000.00 from 1996 General Obligation Bond Issue Account No. 008-052-9701- 9183 to project Account No. 008-056-9655-9055. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33550-081897) 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. 60, page 129.) Mr. Trout moved the adoption of Ordinance No. 33550-081897. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None. (Council Member White was absent.) BRIDGES-STREETS AND ALLEYS: The City Manager submitted a written report advising that construction of the Riverdale Bridge and related realignment and reconstruction of 13th Street, S. E., several years ago resulted in the closure and/or relocation of certain adjacent street intersections; elevation of 13th Street was raised to align with the elevation of the new Riverdale Bridge as the same now spans the 317 Roanoke River, between 13th Street and Bennington Street, S. E.; public access from 13th Street to a certain section of former Tompkins Avenue, S. E., now designated as Tomi Lane, S. E., was closed off and eliminated as a result of the change in street elevation and location; a section of Tompkins Avenue was left with a connecting public alley system as its only means of access to the adjacent public street system at 14th Street S. E.; street sign designating the alley system as a public street, Tomi Lane, S. E., was subsequently installed at its intersection with 14th Street, S. E.; and the alley system provides residents with a limited, 12-foot wide accessway to their properties. It was further advised that three residential dwellings (1236, 1316 and 1315) were originally located on this section of street at the time of the realignment and reconstruction of 13th Street, S. E.; building permits were subsequently issued, however, for three additional single family dwellings; addresses assigned to the additional dwellings indicate that they are located on 13% Street, S. E., an undeveloped (paper) street, which right-of-way is actually a grassy lawn area abutting the rear yards of the three more recently constructed dwellings; a residential community composed of six dwellings is now located in the area; residents use and rely upon the connecting alley system as the only means of vehicular access to the adjacent public street system at 14th Street, S. E.; and addresses as currently assigned and designated for three of the residences on this physically non- existent street could result in unnecessary confusion and delay in regard to life saving, fire protection, and other vital emergency services. It was explained that a zoning inspection related to an application to construct a fence across a portion of the alley system subsequently revealed that certain sections of the connecting alley system are actually located on privately-owned properties; residents on Tomi Lane and owners of other lots in the adjacent area have to guarantee that unrestricted public access can be maintained across the existing alignment of the connecting alleys between their properties and 14th Street, S. E.; property owners have agreed to dedicate certain parcels of land to the City for public right-of-way purposes in order to establish a proper and improved public right-of-way in and through the community and effect the closure and vacation of the undeveloped section of 13th Street, S. E.; the alley system should be realigned and upgraded to at least a rural street standard and reclassified on all official maps of the City as a public street; and realignment, widening 318 and paving of certain sections of essential right-of-way and closure and vacation of other unneeded sections of undeveloped (paper) rights-of- way will be necessary to correct existing public access problems in the area. The City Manager recommended that Council concur in the following corrective measures: Accept the dedication and conveyance of certain parcels of land for public right-of-way purposes; Provide for preparation and execution of an appropriate subdivision plat for said division and dedication of such properties; File necessary applications to close and vacate 13% Street, S. E.; Upon completion and resolution of the actions described in the above subsections, appoint an officer to review the abutting properties to determine if any damages are likely to accrue upon any of the abutting properties; and If it is determined that no damages are likely to accrue upon any such abutting properties, to thereafter direct City forces to realign, widen and pave the subject sections of Tomi Lane, S. E., and the existing connecting alley system and to reclassify the existing alley system as a public street on all official maps of the City. If any one or more of the above-cited corrective measures cannot be carried out or completed within a period of two years from the date of the ordinance effecting this authorization, said ordinance shall become null and void with no further action by Council being necessary. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: 319 ACTION: (#33551-081897) A RESOLUTION authorizing the City Manager to undertake certain corrective measures for the realignment and reconstruction of Tomi Lane, S. E., and certain connecting alleyways, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 60, page 130.) Mr. Trout moved the adoption of Resolution No. 33551-081897. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member White was absent.) CITY CODE-BUILDINGS/BUILDING DEPARTMENT-HOUSING/ AUTHORITY: The City Manager submitted a written report advising that the Virginia Uniform Statewide Building Code (USBC) prescribes required standards for construction and maintenance of buildings; the USBC is amended from time to time by the Board of the Department of Housing and Community Development, which has adopted all of the current Building Officials and Code Administrators International, Inc., (BOCA) model codes with amendments, to comprise the USBC; enforcement of the Virginia Uniform Statewide Building Code by the City is mandatory, except for the Property Maintenance Code portion, which the City has chosen to enforce; and several sections of Chapter 7, Buildin_u Reu_ulations, of the Code of the City of Roanoke (1979), as amended, need revision or deletion because they either are addressed by the current version of the USBC, need to be made consistent with the USBC, or have been assumed by the Virginia Department of Professional and Occupational Regulations, e.g., testing and certification of contractors and tradesmen. The City Manager recommended that Council amend Chapter 7, Buildinq Recjulations, of the Code of the City of Roanoke (1979), as amended, in order to be consistent with the Code of Virginia (1950), as amended. (For full text, see report on file in the City Clerk's Office.) 32O ACTION: Mr. Harris moved that the following ordinance be placed upon its first reading: (#33552) AN ORDINANCE repealing Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, and enacting new Chapter 7, Building Re~lulation~, to provide for regulations relating to the construction, alteration or repair of buildings or structures within the City; and to provide for a rental certificate of compliance program; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 60, page 138.) The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ................................................................... O. (Council Member White was absent.) YOUTH-JUVENILE CORRECTIONAL FACILITIES-CONSULTANTS REPORTS: The City Manager submitted a written report advising that on June 14, 1993, Council awarded a full services contract to Hayes, Seay, Mattern & Mattern, Inc. (HSMM), for alterations and additions to the Roanoke Juvenile Detention Home, at an estimated cost of construction in June 1993 of $2,590,320.00. It was further advised that the Department of Youth and Family Services was the regulatory body in 1993; since that time, the Department of Youth and Family Services has become the Department of Juvenile Justice (DJJ) and has developed a revised list of construction changes, especially in remodeling the existing building; in addition, the following has contributed to cost escalation: (1) changes in 1993 schematic plan, and (2) several facilities have been built in the State since the original design, the results of which show a significant increase in cost of constructing juvenile detention homes; estimated cost of the detention facility as of July 1997 totals $4,041,000.00; cost associated with construction of the facility, including design, will be reimbursed up to 50 per cent of the total cost; 321 ACTION: fee for full services, after negotiation with Hayes, Seay, Mattern & Mattern, Inc., is $415,000.00; a planning study was approved by the Department of Juvenile Justice at its Board meeting on July 16, 1997; and contract documents need to be prepared in order to bid thd project as soon as possible. The City Manager recommended that he be authorized to issue Amendment No. 1 to the design contract with Hayes, Seay, Mattern & Mattern, Inc., in the amount of $138,010.00, for a total design fee of $410,000.00 and establish a project contingency of $5,000.00, for a total of $415,000.00. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#33553-081897) A RESOLUTION authorizing execution of an amendment to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for additional services in connection with the alterations and additions at the Roanoke Juvenile Detention Home. (For full text of Resolution, see Resolution Book No. 60, page 131.) Mr. Harris moved the adoption of Resolution No. 33553-081897. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member White was absent.) BUDGET-CMERP-FLEET MANAGEMENT-EQUIPMENT-PUBLIC WORKS: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need to replace a truck mounted asphalt tar distributor and a four-six ton asphalt roller in the Streets Department; whereupon, the City Manager recommended that Council appropriate $95,068.00 from Prior Year Capital Maintenance and Equipment Replacement 322 ACTION: Program to Transfer to Fleet Management Account No. 001-004-9310- 9506, appropriate $95,068.00 in Fleet Management Vehicular Account No. 017-052-2642-9010, and establish a revenue budget of $95,068.00 in Fleet Management Transfer from General Fund Account No. 017-020- 1234-0951. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#33554-081897) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Fleet Management and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 131.) Mr. Harris moved the adoption of Ordinance No. 33554-081897. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None. 0. (Council Member White was absent.) POLICE DEPARTMENT-CITY EMPLOYEES: The City Manager submitted a written report advising that polygraph examiners must receive formal training and participate in an intern program to comply with the Virginia State Code; a polygraph examiner candidate will need approximately five years of training and experience before becoming proficient; the City must invest approximately $9,400.00 into the training of a polygraph examiner before a return is realized; polygraph examiner training is a skill which is marketable to other law enforcement agencies; an officer who was trained as a polygraph examiner, without an employment contract, left the Police Department for other employment within two years of receiving his training; and a polygraph examiner employment agreement will ensure that the City is reimbursed on a pro-rated basis for the cost of the training if the employee leaves the department within five years. ACTION: The City Manager recommended that Council concur in the following actions: Authorize the City Attorney to approve as to form an employment agreement which will equitably protect the City's financial investment in training; and Authorize the City Manager to execute said employment agreement prior to polygraph examiner training. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#33555-081897) A RESOLUTION authorizing the City Manager to execute an employment agreement to provide for polygraph examiner training. (For full text of Resolution, see Resolution Book No. 60, page 133.) Mr. Harris moved the adoption of Resolution No. 33555-081897. The motion was seconded by Mr. Parrott and adopted by the following vote: 323 AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member White was absent.) BUDGET-CITY EMPLOYEES-GRANTS-YOUTH: The City Manager submitted a written report advising that on June 17, 1980, a grant was first officially awarded to the City under the Virginia Delinquency Prevention and Youth Act, to provide programs and activities to Roanoke's youth and their families in the areas of prevention and intervention; and the fiscal year 1997-98 youth grant application was submitted to the Department of Juvenile Justice in June 1997, which grant will provide for continuation of coordinated planning and program implementation of the Office on Youth, with a grant budget totalling $66,788.00. 324 ACTION: The City Manager recommended that Council authorize the following actions: Accept the State Department of Juvenile Justice grant and authorize the City Manager to execute any grant agreement and related documents on behalf of the City, in a form to be approved by the City Attorney; Appropriate $66,788.00 to revenue expenditure accounts to be established in the Grant Fund by the Director of Finance for the program, $32,518.00 will be funded by the State Department of Juvenile Justice and $34,270.00 will be funded through local match; and Transfer $4,642.00 from General Fund Contingency Account No. 001-002-9410-2199 to Grant Fund Account No. 001-004-9310-9535. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#33556-081897) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General and Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 133.) Mr. Harris moved the adoption of Ordinance No. 33556-081897. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None .0. (Council Member White was absent.) Mr. Harris offered the following resolution: (#33557-081897) A RESOLUTION authorizing acceptance of a grant from the Virginia Department of Juvenile Justice on behalf of the City to continue coordinated planning and program implementation of the Office on Youth, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. (For full text of Resolution, see Resolution Book No. 60, page 135.) ACTION: Mr. Harris moved the adoption of Resolution No. 33557-081897. The motion was seconded by Mr. Swain and adopted by the following vote: 325 AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member White was absent.) CITY ATTORNEY: ELECTIONS-COUNCIL: The City Attorney submitted written a report advising that at the City Council work session held on August 12, 1997, Council completed its work with respect to the proposed modified election district plan and agreed to a referendum on November 4, 1997; and Council also agreed to the specific language of a proposed Charter amendment that will be the subject of the referendum, the question to be placed on the ballot at referendum, and a map of the proposed five election districts for the election of members of City Council. The City Attorney further advised that in accordance with a proposed resolution, Council may formalize its decisions previously made by motions adopted at the Council work sessions on July 15, July 29, and August 12, 1997, which resolution also authorizes the City Attorney to file a motion with the Circuit Court for the City of Roanoke requesting that the Court enter an order, pursuant to Section 24.2-684, Code of Virginia (1950), as amended, directing that a referendum be 326 ACTION: held on November 4, 1997; and he will seek Department of Justice pre- clearance under the Voting Rights Act as to the date and procedures relating to the referendum. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (ft33543-081897) A RESOLUTION approving the language of a proposed new §4.1 of the Roanoke Charter of 1952 providing for the election cf members of City Council under a modified election district system; approving a map establishing the boundaries of five proposed election districts for the election of members of City Council; directing and providing for the holding of an election in the City to determine whether the qualified voters of the City desire that the City Council request the General Assembly to amend the Roanoke Charter of 1952 to include the proposed new ~4.1; directing the City Attorney to take any and all required action to implement the election requested by this Council; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 60, page 116.) Mr. Swain moved the adoption of Resolution No. 33543-081897. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None, ,0. (Council Member White was absent.) REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 327 INDUSTRIES-LEASES-MARKET SQUARE PARKING GARAGE: Ordinance No. 33542 authorizing extension of the lease agreement between the City and Orris Roanoke, Inc., for the premises located in the Market Square Parking Garage building, upon certain terms and conditions, for a period of five years from September 1, 1997 to August 31, 2002, at a base monthly rent of $779.45, with an annual adjustment based upon the Consumer Price Index, plus a percentage of sales, having previously been before the Council for its first reading on Monday, August 4, 1997, read and adopted on its first reading and laid over, was again before the body, Mr. Swain offering the following for its second reading and final adoption: ~ (#33542-081897) AN ORDINANCE authorizing extension of the lease agreement between the City and Orvis Roanoke, Inc., for the premises located in the Market Square Parking Garage building, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 116.) ACTION' Mr. Swain moved the adoption of Ordinance No. 33542-081897. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member White was absent.) DECEASED PERSONS-SCHOOLS: Mr. Parrott offered the following resolution memorializing the late William W. Field, Jr., a distinguished educator and community leader, who passed away on August 2, 1997: (#33558-081897) A RESOLUTION memorializing the late William W. Field, Jr. (For full text of Resolution, see Resolution Book No. 60, page 135.) ACTION: Mr. Parrott moved the adoption of Resolution No. 33558-081897. The motion was seconded by Mr. Swain and adopted by the following vote: 328 ACTION: ACTION: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None, O. (Council Member White was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: COMPLAINTS-BRIDGES-COUNCIL-CITY EMPLOYEES-NORFOLK SOUTHERN CORPORATION-STREETS AND ALLEYS: Council Member Swain commended Norfolk Southern and City employees on improvements in the 24th Street, N. W. area. He suggested that the City review the criteria used by Norfolk Southern in connection with future underpass inspections and that the City periodically monitor the condition of the 24th Street/Shaffers Crossing Underpass. He expressed concern with regard to electrical wires/cables, and suggested that they be identified as Iow voltage, high voltage, etc. Without objection by Council, the Mayor advised that the matter would be referred to the City Manager for appropriate response. ACTS OF ACKNOWLEDGEMENT-HIGHER EDUCATION CENTER: Vice-Mayor Wyatt commended the City on becoming a key player in making the Downtown Higher Education Center a reality. COMPLAINTS-COUNCIL-EMERGENCY SERVICES-BLUE CROSS/ BLUE SHIELD: Vice-Mayor Wyatt referred to a telephone call she received from a citizen expressing concern that Trigon Blue Cross Blue Shield does not recognize the City's E-911 emergency service as a participating provider. Without objection by Council, the Mayor advised that the matter would be referred to the City Manager for appropriate response. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 3:05 p.m., the Mayor declared the meeting in recess. 329 ACTION: ACTION: At 4:23 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member White. COUNCIL: With respect to the Executive Session just concluded, Mr. Harris moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member White was absent.) OATHS OF OFFICE-COMMITTEES-TOTAL ACTION AGAINST POVERTY: The Mayor advised that the term of office of Vice-Mayor Linda F. Wyatt as a City representative to the Board of Directors of Total Action Against Poverty will expire on August 31, 1997, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Vice-Mayor Linda F. Wyatt. There being no further nominations, Vice-Mayor Wyatt was reelected as the City's representative to the Total Action Against Poverty Board of Directors, for a term ending August 31, 1999, by the following vote: FOR VICE-MAYOR WYATT: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ........................................ 6. (Council Member White was absent.) At 4:25 p.m., the Mayor declared the meeting in recess until 7:00 p.m. 33O On Monday, August 18, 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 and Mayor David A. Bowers ......................................................................... 6. ABSENT: Council Member William White, Sr.- ....................... 1. 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 Council Member C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS: ACTS OF ACKNOWLEDGEMENT-YOUTH: The Mayor presented Executive Glasses to members of the Roanoke Stars AAU 10 and Under Basketball Team, in connection with outstanding accomplishments in Regional, State and National competitions. HEARING OF CITIZENS UPON PUBLIC MATTERS: C',TY EMPLOYEES-AFFIRMATIVE ACTION: Angela E. Norman, 1731 Michael Street, N. W., a City employee, having previously placed a communication on the agenda to address concerns relating to Affirmative Action in the City of Roanoke, the City Clerk advised that Ms. Norman had requested that the matter be deferred until the regular meeting of Cp. uncil on Monday, September 15, 1997, at 7:00 p.m. Council concurred in the request. PUBLIC HEARINGS: CITY CODE-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, August 18, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider a proposed amendment to Section 36.1-428, of Chapter 36.1, Zonincj, Code of the City of Roanoke (1979), as amended, by creating an item (3) relative to restricting the number of ungaraged motor vehicles that may be parked or stored on a lot in the RS-3, Residential Single-family District, the matter was before the body. The proposed amendment would provide as follows: "The owner of any lot which is zoned RS-3 may not regularly park or store, or permit the parking or storage of, more that five (5) motor vehicles on said lot, outside of a garage, building or accessory structure, except that one (1) additional motor vehicle shall be permitted for each additional bedroom over three (3)." Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, July 31, 1997, and Thursday, August 7, 1997, and in the Roanoke Tribune on Thursday, August 7, 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 proposed ordinance amendment is to limit the number of ungaraged operative motor vehicles that can park on a lot in the RS-3, Residential Single Family District, was before Council. The Planning Commission recommended that Council approve the proposed amendment, and advised that the amendment provides for a reasonable number of motor vehicles which could be parked on a lot within the City's RS-3, Residential Single Family zoning district, while preventing a potential source of blight in residential neighborhoods. (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: 331 332 "AN ORDINANCE amending and reordaining Section 36.1- 428, General Standard~, by the addition of new subsection (d), of Division 2, Off-Street Parkino and Loadin;I Re=_uiremente, of Article IV, Sup_r)lement~ry_ Regulations; of Chapter 36.1, Zonin_=, of the Code of the City of Roanoke (1979), as amended, to regulate the parking of vehicles on private property in the RS-3, Residential Single Family District." The motion was seconded by Mr. Swain. Mr. Parrott offered a subsidiary motion that the matter be referred back to the City Planning Commission for further study, report and recommendation to Council. The motion was seconded by Mr. Swain. The Mayor advised that approximately 25 persons had signed up to address Council, and inquired if any of the speakers would like to be heard this evening in view of the fact that a motion was on the floor to refer the matter back to the City Planning Commission for further study, report and recommendation; whereupon, a number of persons indicated a desire to be heard at this time. Mr. Harris offered a subsidiary motion that the public hearing be tabled until conclusion of the five public hearings previously listed on the Council agenda. The motion was seconded by Ms. Wyatt and adopted. ELECTIONS-SCHOOLS: The City Clerk having advertised a public hearing for Monday, August 18, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the Roanoke City Electoral Board with regard to the proposed temporary relocation of the polling place for Raleigh Court No. 2 Precinct from Woodrow Wilson Middle School to Roanoke Church of Christ, located at 2606 Brandon Avenue, S. W., for the November 4, 1997 and May 5, 1998 general elections, and any primary or special elections required during the 1997-t998 school year only, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, August 4, 1997, and Monday, August 11, 1997, and in the Roanoke Tribune on Thursday, August 7, 1997. (See publisher's affidavits on file in the City Clerk's Office.) 333 Mr. Trout offered the following emergency ordinance: (#33559-081897) AN ORDINANCE temporarily changing the polling place for Raleigh Court No. 2 Precinct from Woodrow Wilson Middle School to Roanoke Church of Christ, 1606 Brandon Avenue, S. W.; providing for an emergency and an expiration date for this ordinance. ACTION: (For full text of Ordinance, see Ordinance Book No. 60, page 137.) Mr. Trout moved the adoption of Ordinance No. 33559-081897. The motion was seconded by Mr. Swain. The Mayor inquired if thers were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 33559-081897 was adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ............................................ = ........................... 0. (Council Member White was absent.) VIRGINIA TRANSPORTATION MUSEUM-STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 18, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the Virginia Museum of Transportation, Inc., that a section of Norfolk Avenue, S. W., beginning at the easterly intersection of Third Street and Norfolk Avenue, and running in an easterly direction to Second Street and the Second Street Bridge, terminating at the southeasterly corner of the Virginia Museum of Transportation building noted as the "2 Street Brick Office Building" and the northeasterly corner of Official Tax No. 1010206, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing _w_as published in The Roanoke Times on Thursday, July 31, 1997, and Thursday, August 7, 1997, and in the Roanoke Tribune on Thursday, August 7, 1997. (See publisher's affidavits on file in the City Clerk's Office.) 334 A report of the City Planning Commission advising that the applicant desires to use one-half of the street right-of-way for a pedestrian plaza which will connect with the City's proposed linear railwalk; the application states that the remaining one-half of the street right-of-way will be used by the only other abutting property owner, The Roanoke Times, for delivery truck and emergency vehicles; the Virginia Museum of Transportation, Inc., and The Roanoke Times are the only owners of property abutting the abovedescribed section of Norfolk Avenue; and the application further states that both property owners are in agreement on the proposed closure of this section of Norfolk Avenue, was before Council. The City Planning Commission recommended that Council approve the request, subject to the following conditions: The applicant shall submit to the City, receive approval thereof, and record in the Office of the Clerk of Circuit Court, a subdivision plat providing for the following: Combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law. Retention of appropriate easements, together with the right of public passage over same for surface and subsurface installation, and maintenance of any and all utilities that may be located within the right-of-way. If the above conditions have not been met within a period of 12 months from the date of adoption of the ordinance providing for closure of the subject right-of-way, said ordinance shall be null and void with no further action by Council being necessary. (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: 335 (#33560) 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 151.) The motion was seconded by Ms. Wyatt. Katherine F. Houck, Executive Director, Virginia Museum of Transportation, Inc., appeared before Council in support of the request. The Mayor inquired if there were persons present who would like to address Council with regard to the request. There being none, Ordinance No. 33560 was adopted, on its first reading, by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member White was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 18, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Lawrence H. Logan, Sr., to amend proffered conditions presently binding on a tract of land located at 701 Salem Avenue, S. W., Official Tax No. 1111118, previously conditionally rezoned pursuant to Ordinance No. 32953- 060396 adopted on June 3, 1996, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, July 31, 1997, and Thursday, August 7, 1997, and in the Roanoke Tribune on Thursday, August 7, 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 to amend proffered conditions is to expand the list of uses permitted in connection with the existing commercial structure and to eliminate the reversion clause; and the original rezoning request, which was approved by Council in June 1997, placed 336 an existing nonconforming commercial structure into a zoning classification which would permit the use of said structure as a neighborhood convenience store with a second-floor dwelling, was before Council. The Planning Commission recommended that Council approve the request to amend the proffered conditions, advising that expansion of the list of CN uses permitted on the property is reasonable and allows for reuse of the existing commercial structure. (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: "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." The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to address Council with regard to the matter; whereupon, Roy B. Creasy, Attorney, advised of the filing of an amended petition for rezoning, and requested that the matter be referred back to the City Planning Commission for further study, report and recommendation to Council. The City Attorney advised that following the City Planning Commission public hearing on July 2, 1997, an amended petition for rezoning was filed by the attorney on behalf of the petitioner which expands and makes the rezoning more intense, and the amended petition has not been considered by the City Planning Commission; therefore, the matter is not properly before the Council. M,~. Trout offered a subsidiary motion that the matter be referred back to the City Planning Commission for further study, report and recommendation to Council. The motion was seconded by Mr. Swain and adopted. 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, August 18, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of H. P. Properties and Coots-Ward Management Co., to amend proffered conditions presently binding on a tract of land, more specifically described as Lot 1 - 3, inclusive, and a .125-acre tract of land, all of which are shown on a plat of subdivision filed with the Office of the Clerk of the Circuit Court, and being a portion of a larger tract of land located at 1930 Electric Road, S. W., (formerly known as 1910 McVitty Road, S. W., Official Tax No. 5100809), now a portion of Official Tax No. 5090209, previously conditionally rezoned pursuant to Ordinance No. 32657-092595 adopted on September 25, 1995, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, July 31, 1997, and Thursday, August 7, 1997, and in the Roanoke Tribune on Thursday, August 7, 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 is to amend proffered conditions to allow for expansion of an existing commercial office building located on Lot I-A, Sugarloaf Crossing, previously having been a portion of Official Tax No. 5090209, was before Council. The Planning Commission recommended that Council approve the request, and advised that the proposed amendment to proffered conditions will allow for expansion of an existing commercial office building without any detrimental impact on the adjacent residential neighborhood. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Trout moved that the following ordinance be placed upon its first reading: (#33561) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 510 and 509, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain 337 338 conditions presently binding upon certain property previously conditionally zoned CN, Neighborhood Commercial District. (For full text of Ordinance, see Ordinance Book No. 60, page 153.) The motion was seconded by Mr. Swain. Neil E. McNally, Attorney, appeared before Council in support of the request of his client. The Mayor inquired if there were persons present who would like to address Council with regard to the request. There being none, OrdinanCe No. 33561 was adopted, on its first reading, by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None .................................................................... 0. (Council Member White was absent.) STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, August 18, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke that a portion of Ferdinand Avenue, S. W., between Mountain Avenue and Elm Avenue; and a section of Eighth Street, S. W., between Elm Avenue and Day Avenue, be closed and discontinued by barricade, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, July 31, 1997, and Thursday, August 7, 1997, and in the Roanoke Tribune on Thursday, August 7, 1997. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that alteration, by closure, of Ferdinand Avenue, S. W., at its intersection with Elm Avenue, and a section of the easterly side of Eighth Street, would enable the City to design and install an effective traffic signal at the intersection, was before Council. 339 The Planning Commission recommended that Council approve the request, subject to the following conditions: The applicant shall submit to the Department of Planning and Community Development and receive approval of a design plan for construction of the proposed cul-de-sac at the terminus of Ferdinand Avenue, S. W., providing for the following: Proper and safe access for any and all affected properties; Proper and safe access for all pedestrian and bicycle traffic; and Appropriate landscaping plan. If the above conditions have not been met within a period of one year from the date of the ordinance effecting such closures, said ordinance shall become null and void with no further action by Council being necessary. (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: (#33562) AN ORDINANCE authorizing the alteration and closing by barricade of 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 155.) The motion was seconded by Mr. Swain. John R. Marlles, Agent, City Planning Commission, appeared before Council in support of the request. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 33562 was adopted, on its first reading, by the following vote: 34O ACTION: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None .0. (Council Member White was absent.) ZONING: Ms. Wyatt moved that the public hearing with regard to a proposed amendment to Section 36.1-428, of Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, by creating an item (3) relative to restricting the number of ungaraged vehicles that may be parked or stored on a lot in the RS-3, Residential Single-Family District, be taken from the table for public hearing. The motion was seconded by Mr. Trout and adopted. (See page 33.) The proposed ordinance having previously been offered by Mr. Trout, seconded by Mr. Swain, and the title paragraph having been read by the City Clerk, the matter was again before the body. The Mayor advised that 25 persons had registered to speak on the matter; whereupon, he requested that each speaker limit their remarks to three minutes. Michael F. Urbanski, 2108 Mount Vernon Road, S. W., President, Greater Raleigh Court Civic League, advised that on behalf of the neighborhood association, he has supported passage of the ordinance presently before Council on several occasions. He called attention to a residence in the Raleigh Court area where there are approximately ten cars, ungaraged, which presents an eyesore to the entire neighborhood and creates a safety hazard. He stated that the City of Roanoke currently has no effective means to deal with the problem and it appears that the proposed ordinance will provide a reasonable balance. He expressed concern with regard to safety issues and a decrease in property values, and for those reasons, the Greater Raleigh Court Civic League is in favor of the proposed ordinance, or any ordinance that will impose reasonable limits on the number of ungaraged vehicles in the City of Roanoke. 341 Mr. Douglas M. Gimbert, 1534 Seibel Drive, N. E., advised that enacting an ordinance that places restrictions on the entire City is unfair. He stated that it is unconstitutional to penalize all sections of the City of Roanoke because of a problem that exists in the Raleigh Court area. Ms. Donna D. Haley, 315 King George Avenue, S. W., advised that as a member of the Roanoke Valley Mopar Club, she takes issue with the proposed ordinance because it limits the number of vehicles to five per household. She questioned how the proposed ordinance will affect family gatherings when there are more than five vehicles parked on an individual lot. She inquired if the ordinance also includes motorized wheelchairs and other equipment for the disabled, lawn tractors and other yard care equipment, and go-carts and other recreational vehicles. She stated that the ordinance will limit collectors of antique vehicles, and advised that older vehicles are a part of American history and young people should be permitted to see antique cars firsthand to witness the progress that has taken place over the years. Mr. Dennis W. Sink, 1113 13th Street, S. E., called attention to certain areas of the City where the zoning classification will not permit the construction of a garage. He questioned how the City could legally place a limit on the number of vehicles per household if an owner insures their vehicles, pays taxes, and purchases a City and State decal. He asked that the City take into consideration the amount of revenue that will be lost if the number of vehicles per household is limited. John H. Kennett, Attorney, representing Dr. James W. Farley, 2429 Mount Vernon Road, S. W., advised that under the Dillon Rule, the City cannot regulate vehicles unless they are considered to be inoperative. He advised that if the proposed ordinance is adopted, the vehicles parked in Dr. Farley's property will be grandfathered, therefore, the concerns of Raleigh Court residents will not be addressed. He explained that if the ordinance is adopted, citizens throughout the City will be penalized because of problems experienced in Raleigh Court. Mr. William T. Cox, 222 Wentworth Avenue, N. E., advised that citizens are concerned not because Council could pass an ordinance limiting the number of ungaraged vehicles to five, but that Council would adopt an ordinance limiting the number of legally operating 342 vehicles in accordance with Commonwealth of Virginia laws. He further advised that the City is overstepping its bounds and asked why the entire City should have to acquiesce to an elite, well connected group with access to City government. He called attention to safety hazards as a result of vehicles parking on the street, difficulty with snow removal equipment maneuvering in and out of streets, and the inability of rescue vehicles to move freely as needed. He stated that cynicism is at an all time high in the political arena, and asked that Council consider the views of all citizens of Roanoke and not an elite few. Mr. Ronald L. Bowles, 3449 Norway Avenue, N. W., requested that Council consider the fact that vehicles provide the City with personal property tax revenue, and when Council makes its decision, it should remember that enacting the proposed ordinance will regulate personal property. He advised that the proposed ordinance will also limit the rights and freedoms of individual citizens, and the expense of owning a vehicle such as taxes, licensing and maintenance, etc., has more than regulated the number of vehicles that a citizen can afford to own. Therefor, he stated that the City should not further regulate the ownership of vehicles, and spoke to the unfairness of imposing regulations City-wide because of a problem in one specific neighborhood. Ms. Diane U. Bowles, 3449 Norway Avenue, N. W., advised that problems currently exist in some areas of the City where vehicles are allowed to park on the streets, and if the proposed ordinance is adopted, it will lead to more off-street parking and create a safety hazard for ingress and egress by emergency vehicles. Mr. Artis A. Jacobs, 202 Crittendon Avenue, N. E., advised that in order to construct a garage in certain areas of the City, a property owner must obtain the approval of the Board of Zoning Appeals. Mr. Jerry W. Hubbell, 3936 Richard Avenue, N. E., expressed concern that the entire City will be restricted because of a problem in the Raleigh Court area. He inquired if City government regulates the number of vehicles per household, will the City eventually regulate other personal property. He advised that the proposed ordinance is a form of oppression. Mr. Norman A. Altizer, 2638 Idlewild Boulevard, N. E., inquired as to how the youth of today will be educated about vehicles of past eras if citizens are restricted as to the number of ungaraged vehicles they may own. He advised that most young people look for inexpensive cars, and if vehicles that are parked in backyards are prohibited, older cars will be eliminated, and there will be no history for Roanoke's youth. Mr. Henry A. Trail, 3052 Parham Drive, S. E., representing Mr. Henry Wallace, 4655 Long Acre Drive, N. E., who was unable to attend the meeting, advised that an outstanding number of persons have spoken against the proposed ordinance because it will limit the right of ownership of personal property. He explained that the average citizen works over three months per year just to pay taxes, and the City now proposes to limit expendable income by dictating how a citizen can spend his or her money. He advised that the proposed ordinance would be detrimental to the happiness of many citizens of Roanoke who take pride in the number of vehicles they own. Edward W. Mooneyham, 606 Albemarle Avenue, S. E., President of the Roanoke Valley Mopar Club, called attention to the injustice of the proposed ordinance. He stated that the question is a matter of freedom, freedom to address City Council, and freedom to own an unspecified number of vehicles. He called attention to the unfairness of penalizing the entire City because of problems in the Raleigh Court area. Mr. Charles W. Hancock, 1016 Estates Road, S. E., advised that he owns ten cars and a motorcycle, some garaged and some ungaraged, and under any scenario that would satisfy the proposed ordinance, vehicles will be parked on the streets which will create problems regarding public safety, snow removal, and ingress and egress of emergency vehicles, etc. He called attention to the importance of preserving old vehicles for the sake of history, and requested that Council give serious consideration to the matter and deny the ordinance as drafted. Mr. Victor L. Bradshaw, 811 Riverdale Road, S. E., advised that it is as much his right to own vehicles as it is to own firearms, and requested that Council vote against the proposed ordinance. Mr. Ben A. Burch, III, 923 Curtis Avenue, N. W., advised that if vehicles are parked on the streets, there could be problems with regard to ingress and egress by emergency vehicles and refuse collection 343 344 activities. He requested that Council deny the proposed ordinance and not penalize the entire City because of problems that exist in the Raleigh Court neighborhood. Mr. Mark A. Gimbert, 1742 Plantation Road, N. W., advised that the issue is about a few people in one area of the City who are trying to dictate the personal rights of others. He stated that not all citizens can afford to build a garage, and zoning restrictions in some areas of the City will not permit construction of a garage. He noted that car covers could be used to address unsightliness. Mr. Phillip P. Wright, 1646 Center Hill Drive, S. W., advised that the proposed ordinance should be amended to authorize the City of Roanoke to bring to bey an abusive citizen who would fly in the face of his or her neighbors and would knowingly leave their junk or abandoned vehicles on lots in a residential neighborhood. He commended Dr. Farley on the condition of his vehicles and the condition of his property. Mr. John R. Graybill, 2443 Tillett Road, S. W., advised that he was unsure if five ungaraged vehicles is the correct number; however, an ordinance is needed to control the number of vehicles in the same manner that the City controls other issues. Mr. William R. Klein, 1724 Wilbur Road, S. W., advised that he is not opposed to Dr. Farley's antique cars, however, the neighborhood has become unsightly because of the number of vehicles that are visible from the street. He expressed appreciation to Council for its concern about the Raleigh Court neighborhood. Mr. T. Dalton Miller, 1014 Oakwood Drive, S. W., advised that he lives in the adjacent neighborhood to Mount Vernon Road and expressed opposition to excessive parking of ungaraged vehicles in a residential neighborhood, such as those currently parked in the yard of a vacant house located at 2529 Mount Vernon Road, S.W. He urged that Council adopt legislation to restrict the number of ungaraged vehicles per household. Mr. James T. Bagbey, 2319 York Road, S. W., advised that he favors residential areas remaining residential, and expressed concern about the future of a residential area if an excessive number of vehicles are allowed to be parked at private residences. Mr. Hubert Sydenstricker, 2513 Mount Vernon Road, S. W., advised that approximately one year ago, he requested that an ordinance be adopted to limit the number of ungaraged vehicles per residence in a residential area, and urged that Council adopt the proposed ordinance. He explained that the proposed ordinance effects the RS-3, Residential Single-Family District, only and not the entire City. Mr. Michael N. Etchemendy, 2501 Mount Vernon Road, S. W., advised that he lives across the street from Dr. Farley's I~operty, and Dr. Farley's hobby of parking as many as 12 vehicles on his property is decreasing property values in the neighborhood. He asked that Council think in terms of excess, because excess in anything is not good, therefor, limitations should be imposed. He stated that it is questionable if a five-vehicle limit is a good number, there should be further review of the matter, and once limitations have been established, Council should adopt an ordinance that will save the neighborhood from an excess that is decreasing property values. In a discussion of the matter by Council Members, the following observations were made: 345 If vehicles beyond the five-car limit are-parked on the street, there will be an increase in the number of automobiles in every RS-3 zoned neighborhood. Freedom means owning as much personal property as a citizen can afford so long as the property is maintained, and the City should not take away that privilege. The proposed ordinance will not solve the situation in Raleigh Court, because the problem appears to be between neighbors, and if the ordinance is adopted, citizens throughout the City of Roanoke will be penalized. There are two legitimate issues, viz: neighborhood concerns, and those citizens who maintain their property and vehicles and pay personal property taxes, and they should be able to enjoy the use of their property. The question is not the ownership of vehicles, but the location of the vehicles. There should be a'limitation, but five ungaraged vehicles may not be the correct number, and the matter deserves further study. 346 Following discussion, Mr. Parrott withdrew his motion to refer the matter back to the City Planning Commission for further study, report and recommendation to Council. Mr. Swain withdrew his second to the motion. The proposed ordinance was defeated by the following vote: AYES: None ....................................................................... 0. NAYS: Council Members Harris, Parrott, Swain, Trout, Wyatt and Mayor Bowers ............................................................................. 6. (Council Member White was absent.) Mr. William T. Cox, 222 Wentworth Avenue, N. E., presented petition signed by approximately 800 citizens requesting that Council not regulate the number of properly licensed vehicles per household in the City of Roanoke. He inquired if and when the matter will be addressed by Council in the future. At the request of Council, the City Attorney addressed the public participation process in regard to Zoning Ordinance amendments. He advised that the Zoning Ordinance cannot be amended without advertising for and holding public hearing; therefor, before the matter could again be addressed by Council, a public notice must be advertised in a newspaper of general circulation in the City once a week for two successive weeks with regard to a public hearing before the City Planning Commission, and the same type of legal advertising would occur before the matter could again be heard by City Council. He explained that there would be no less than four public notices and two public hearings before any action could be taken under any circumstance. Mr. Cox inquired if zoning can be used to legislate aesthetics; whereupon, the Mayor requested that the City Attorney discuss the question with Mr. Cox. OTHER HEARINGS OF CITIZENS: COMPLAINTS-REFUSE COLLECTION: Mr. Phillip P. Wright, 1646 Centerhill Drive, S. W., expressed concern regarding the 95-gallon garbage containers that were recently distributed to residents of certain areas of the City in connection with the City's new one-arm bandit refuse collection program. He advised that the City's refuse collection and recycling programs have operated efficiently in the past. He expressed concern for retired citizens who could have difficulty maneuvering the container up steep inclines on a weekly basis, all for the convenience and economic rewards that the program is purported to generate to the City. The City Manager advised that the proposed new refuse collection program was addressed as a part of two City operating budgets. He stated that if there are citizens who are unable to push their container to the curb, refuse collection personnel will render assistance, and a smaller unit is available for citizens who would prefer a 65-gallon container. He advised that the proposed new program will generate approximately $1.2 million in annual operating savings to the City, which Council has agreed to reinvest in debt service for a number of public projects including storm drains, highway projects, schools, etc. He advised that 26 organized neighborhoods participated in the process to discuss the changes involved in initiating an automated refuse collection system, Roanoke County and the City of Salem have an automated refuse collection system, and the proposed new program was an effort by City staff to become more efficient by reducing operating costs. He advised that he would discuss the matter with Mr. Wright to address his specific concerns. At 9:30 p.m., Mr. Parrott moved that the Council meeting be adjourned. The motion was seconded by Mr. Swain and adopted, Mayor Bowers voted no and Council Member Harris was out of the Council Chamber. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 347 '97 ~V21 P2:32 December 1, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia SUBJECT: Briefing on the Automated Booking System used in the City Jail Dear Mayor Bowers and Members of Council: Please reserve space on Council's 12:15 p.m. agenda for a briefing pertaining to the above referenced subject. WRH:w Respectfully submitted, W. Robert Herbert City Manager CC: City Attorney Director of Finance City Clerk . ,I DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE S.W. - ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 December 1, 1997 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Sincerely, ° .N,~'~;'-''~ David A. Bowers Mayor DAB:se DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE S.W. - ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 December 1, 1997 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request an Executive Session to discuss a special award, being the annual Citizen of the Year Award, pursuant to Section 2.1-344 (A)(10), Code of Virginia (1950), as amended. DAB:se Sincerely, David A. Bowers Mayor RECEIVED CITY CL~R::,_~ OF'i:I~:~i '97 NOV 25 P12:04 December 1, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia 24011 RE: Request for Executive Session Dear Mayor Bowers and Members of Council: This is to request that Council convene in Executive Session to discuss the disposition of publicly held property in connection with the location of a prospective business where no previous announcement has been made of the business' interest in locating in the community, specifically the possible conveyance of an interest in land in the Roanoke Centre for Industry and Technology for economic development purposes, pursuant to §2.1-344(A)(3) and §2.1-344(A)(5), Code of Virginia (1950), as amended. Sincerely, W. Robert Herbert City Manager WRH/w CC; Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Phillip F. Sparks, Chief, Economic Development MINUTES OF THE AUDIT COMMITTEE OF ROANO~ G~, ~ ~NCIL November 3, 1997 '97 t OV 18 P4:22 CALL TO ORDER: The meeting of the Roanoke City Audit Committee was called to order at 11:00 a.m. on Monday, November 3, 1997, with Chairman, William White, Sr., presiding. · The roll was called by Ms. Barger Audit Committee Members Present: William White, Sr., Chairman Mayor David Bowers Carroll E. Swain Others Present: Robert H. Bird, Municipal Auditor W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities & Operations William L. Murray, Jr., Director &Business Services Schools Jim Newman, Business Coordinator, Parks & Recreation Vic Garber, Superintendent of Recreation, Parks & Recreation Thomas F. Baldwin, Assistant Municipal Auditor Denise E. Stewart, Senior Auditor Evelyn W. Barger, Administrative Assistant Robert S. Renaud, Auditor e FINANCIAL AUDITS: Ao School Activity Funds - June 30, 1997 Human and Cultural Services Committee Mr. White ordered that the financial audit reports be received and filed. There were no objections to the order. Chairman White recognized Mr. Bird who asked Mrs. Stewart, in-charge auditor, to summarize these reports. Mrs. Stewart briefed the Committee on the School Activity Funds and the Human and Cultural Services Committee reports. Mr. Swain was concerned about the same audit findings occurring each year in the School Activity Funds audit. Mrs. Stewart informed him that these reportable conditions occurred more frequently when there was a new bookkeeper. Mr. Swain said that he would like the school administration to take these findings serious. Mr. Murray told the Committee that Mr. Mundy had just held an in-service training for all of the bookkeepers. Mr. White asked Mr. Bird why the Audit Committee was getting this level of detail regarding the School Activity Funds audit. Mr. Bird responded that it was simply for the Committee's information and that the School Board Audit Committee Minutes -2- November 3, 1997 was responsible for addressing the issues in the report. He said that since the School Board Audit Committee is handling this kind of audit that he would like to eliminate receiving this report. The other two members present agreed. Mr. White asked Mr. Bird to talk with Rev. Harris and get his opinion on the matter. Mr. Bird will speak to Rev. Harris and if he feels the same, this report will be presented to the School Board Audit Committee and the School Administration and will no longer be presented to the City Audit Committee. There was no objections from the Committee and both of the Financial Audits were received and filed. 0 FINANCIAL RELATED AUDITS: A. Audit Findings Follow-Up Mr. White ordered that the Audit Findings Follow-Up audit report be received and filed. The Committee objected to item # 1 of the report. The other items 2-6 were received and filed. Mr. Bird will bring a report to the March Committee meeting regarding the status of item #1. Mr. White recognized Mr. Bird for comments. Mr. Bird briefed the Committee on the Audit Findings Follow-Up report. There was several questions regarding item #1. Mr. Herbert told the Committee that we have completed the reorganization of the Building Inspection, Zoning, and development review process. The remodeling of the physical facility should take place in early calendar 1998. The implementation of a new automated system should take place in the next fiscal year. 0 UNFINISHED BUSINESS: None. NEW BUSINESS: A. Status of Current Audit Activities Mr. Bird informed the Committee that Judy Taylor had left employment with the City. He also briefed the Committee on how the office was currently spending time working on various re- engineering teams. Because of the positive impact of systems development/re-engineering projects, the auditing department strategy is to respond to requests fi.om management when possible and to minimize time spent on financial audits. Audit Committee Minutes -3- November ~3, 1997 ADJOURNMENT: There being no further business, the meeting adjourned at 11:45 a.m. William White, Sr., Chairman 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 December 3, 1997 File #110-200 The Reverend Cedric E. Malone 1810 Grayson Avenue, N. W. Roanoke, Virginia 24017 Dear Reverend Malone: Your communication declining appointment as a member of the City Planning Commission, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, December 1, 1997. On motion, duly seconded and adopted, your request to decline appointment was accepted. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Martha P. Franklin, Secretary, City Planning Commission H:~.GENDA.g7~DECl .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 December 4, 1997 File #15-110-207 SANDRA H. EAKIN Deputy City Clerk Lynn D. Avis, Vice-Chair Industrial Development Authority 3848 Bosworth Drive, S. W. Roanoke, Virginia 24014 Dear Mr. Avis: This is to advise you that on November 14, 1997, William L. Bova qualified as a Director of the Industrial Development Authority of the City of Roanoke for a term ending October 20, 2001. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Margaret R. Baker, Secretary, Industrial Development Authority, 2140 Windsor Avenue, S. W., Roanoke, Virginia 24015 Sandra H. Eakin, Deputy City Clerk H:~,GENDA.~/~3C-Cl.WPD RECEIVED CITY CLErqKS OFFI~::F 97 ~V!4 P2:ll Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, William L. Bova, 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 Director of the Industrial Development Authority of the City of Roanoke for a term of four years ending October 20, 2001, according to the best of my ability. So help me God. Subscribed and sworn to before me this~4~"~--day~f ~¢o-~"997. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK H:~AGEN DA.97~IOV3.WPD MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk December 4, 1997 File #79-277 R. Matthew Kennell, President Downtown Roanoke, Incorporated 310 First Street, S. W. Roanoke, Virginia 24011 Dear Mr. Kennell: Your communication on behalf of Roanoke Foundation for Downtown, Inc., requesting adoption of a measure in support of tax-exempt status on certain real property located on North Jefferson Street and Shenandoah Avenue, was before the Council of the City of Roanoke at a regular meeting on Monday, December 1, 1997. On motion, duly seconded and unanimously adopted, Council authorized a public hearing to be held 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, Fourth Floor, Municipal Building, 215 Church Avenue, S. W. The request was also referred to the City Manager for study, report and recommendation to Council. It will be necessary for you, or your representative, to be present at the public hearing. Failure to appear could result in a deferral of the matter until a later date. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk H:~AGENDA,g'~D~CI.WPO R. Matthew Kennell December 4, 1997 Page 2 pc: Joseph B. Wright, President, Roanoke Foundation for Downtown, Inc., 310 First Street, S. W., Roanoke, Virginia 24011 Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, Post Office Box 2887, Roanoke, Virginia 24001 James B. Massey, III, Attorney, 601 South Jefferson Street, Roanoke, Virginia 24016 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Lisa J. Fain, Economic Development Specialist, Economic Development and Grants H:~AGENDA.gT~I .WPO OFFICERS AND DIRECTORS ROBERT W. GLENN, JR. Issues Management Group Chairman ROBERT W. HELMS First Union National Bank Chairman-Elect ROBERT S. CALLAHAN, JR. 309 First Street Vice Chairman & Secretary*Treasurer WILLIAM H. CARDER Patrick Henry Hotel Vice Chairman EDWIN C. HALL Hall Associates Vice Chairman JAMES M. TURNER, JR. JM. Turner & Company, Inc. Vice Chairman JOHN C. BERRY Trigon Blue Cross Blue Shield VICTOR O. CARDWELL Woods Rogers & Hazlegrove CYNTHIA S. CASSELL Twist & Turns WILLIAM F. CLARK City of Roanoke DONALD G. DOOLITrLE Coca-Cola Bottling Company Consolidated MARYELLEN F. GOODLATTE Glenn Feldman Darby & Goodlatte DON J. HARRISON First Union National Bank SUSAN W. JENNINGS The Arts Council of the Blue Ridge JOHN W. LAMBERT, JR. John Lambert Associates ROBERT C. LAWSON, JR. Crestar Bank ROBERT B. MANETTA Carillon Health System JAMES B. MASSEY, III Coleman & Massey, PC JOHN G. MCLEOD McLeod & Company TED MOOMAW, JR. World Travel THOMAS P. O'DELL St. John's Episcopal Church DONALD C. REID Bell Atlantic JAMES C. SEARS Center In The Square PATRICK N. SHAFFNER Sherertz Franklin Crawford Shaffner, Inc, BARRY L. SNODGRASS American Electric Power R. CURTIS STEELE, JR. Norfolk Southern Corporation ANTHONY C. WADE Norfolk Southern Corporation RAYMOND M. WALTER Waiter's Greenhouse GARY D. WALTON Hotel Roanoke & Conference Center JO ANN B. WEISSBART First Union National Bank R. MA'r'rHEW KENNELL President R,ECEI~ED CITY C~.ERKS GFF'~{]i' '97 NOV 19 Al1:19 November 12, 1997 Ms. Mary Parker, City Clerk 215 Church Avenue, Room 456 Roanoke, VA 24011 Dear Ms. Parker: Please find enclosed a Petition for a resolution by the Roanoke City Council supporting the exemption from taxation of certain real property located on North Jefferson Street and on Shenandoah Avenue which has been offered to the Roanoke Foundation for Downtown, Inc. by the Norfolk Southern Corporation. If you have any questions about this petition, please call me at 342-2028. Thank you for your assistance on this matter. Sincerely, R. Matthew Kennell President CC.* Joseph B. Wright, RFDI President W. Robert Herbert, City Manager Lisa Fain, Economic Development Wil Dibling, Esquire Maryellen Goodlatte, Esquire James B. Massey, III, Esquire DOWNTOWN ROANOKE INCORPORATED 310 FIRST STREET, S.W. · ROANOKE, VIRGINIA 24011 (540) 342-2025 · FAX 344-1452 downtown, roanoke, org· e-mai~: dri@roanoke, org '97 IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: 1. Your Petitioner, Roanoke Foundation for Downtown, Inc., 310 1st Street, S.W., Roanoke, Virginia 24011, a Virginia, non-stock, nor for profit corporation has been offered a gi~ of certain real property located on North Jefferson Street and certain real property located on Shenandoah Avenue, Roanoke, Virginia, which propen~y is currently owned by Norfolk Southern Corporation and is not currently assessed by the City of Roanoke, Virginia. 2. Your Petitioner desires to be an organization designated by a section within Article 4, Section 58.1-3650 et seq. of the 1950 Code of Virginia, as amended, in order that the referenced real estate, to be used exclusively for cultural, educational and historical purposes, be exempt from taxation under the provisions of Article X, Section 6(a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which your Petition is classified. 3. Your Petitioner agrees to pay to the City of Roanoke an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke tax levy, which would be applicable to this real estate, were the organization not tax exempt, for so long as this tax exemption continues. 4. Your Petitioner respectfully requests that the Council of the City of Roanoke adopt a resolution in accordance with the requirements of Section 30-19.04 (B) of the 1950 Code of Virginia, as amended, at~er holding a public heating with respect thereto where citizens shall have an oppommity to be heard in order that legislation involving the designation of property to be exempted from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virgima may be presented to the General Assembly of Virginia. In compliance with Section 30-19.04 (B) the following questions are submitted for consideration: Whether the organization is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1954. Your Petitioner is exempt from taxation pursuant to Section 501(c)(3) of the Intemal Revenue Code of 1954. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for such use on such property. No annual alcoholic beverage license has been or will be requested or issued for use on the referenced property. Whether any director of officer of the organization has been paid compensation in excess of reasonable allowances for salaries or other compensation for personal services which such director or officer actually renders. No officers or directors of your Petitioner are paid compensahon in excess of reasonable allowances for salaries or other compensation for personal services actually rendered. Your Petitioner has no salaried employees. 2 Whether any part of the net earnings of such organization inures to the benefit of any individual and whether any significant portion of the services provided by such organization is generated by funds received by donations, contributions or local, state or federal grants. As used in this subsection donations shall include the providing of personal services or the contribution of in kind or other material services. No part of the net earnings of your Petitioner inures to the benefit of any individual. (B) A significant portion of the services provided by the organization is generated by funds received by donations. Whether the organization provides services for the common good of the public. Your Petitioner provides services for the common good of the public in as much as it is a not-for-profit corporation organized exclusively for charitable, educational and scientific purposes as defined in § 501(c)(3) of the Internal Revenue Code of 1986, as amended, or the corresponding section of any future United States federal tax code, and its regulations. Without limiting the generality of the foregoing and consistent therewith, the Corporation is formed to promote the social welfare of the citizens of Roanoke, Virginia and environs and lessen the burdens of government by: Assisting the City of Roanoke to maintain a mounted police force through financial and in-kind support; Promoting and assisting in community beautification projects for public areas in the downtown area of the City of Roanoke; Helping to make the City of Roanoke's downtown a more vibrant, safe and livable place through promotion and development of diverse educational, cultural and recreational resources and activities and a comprehensive commercial and service core; Undertaking research, planning, service, design, operational, managerial, development and other activities and projects for the public benefit in the downtown area of the City of Roanoke; Engaging in and supporting projects and activities to combat community deterioration in and around the downtown area of the City of Roanoke; Doing any of the foregoing on its own behalf, through development or special project corporations, through public/private development or special project corporations, joint ventures or partnerships (including limited partnerships), or through other means. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting, to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. Your Petitioner is not involved in propaganda, influencing legislation or any political campaign on behalf of any candidate for public office. No rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. No rule, regulation, policy or practice of your Petitioner discriminates on the basis of religious eonvicfiorg race, color, sex or national origin. o The revenue impact to the locality and its taxpayers of exempting the property. No significant negative impact is anticipated as a result of the exemption. In fact, it is anticipated that the improvements to the structures will enhance the tax revenue of the City of 4 Roanoke by promoting and encouraging tourism, education and economic development opportunities in Roanoke's rail district as outlined in the Outlook Roanoke plan. 9. Any other criteria, facts and circumstances which the governing body deems pertinent to the adoption of such resolution. Note: A copy of this Petition is being delivered this date to the City Manager of the City of Roanoke, Virginia. WHEREFORE, your Petitioner, Roanoke Foundation for Downtown, Inc., respectfully requests to the Council of the City of Roanoke (1) that a resolution be adopted pursuant to Section 30-19.04 of the Code of Virginia stating the provisions of subsection B of that Code section have been examined and considered in conjunction with this petition seeking the designation of property to be exempted from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia at a public heahng at which citizens have had an opportunity to be heard and (2) that a recommendation be made to the General Assembly that this real property of your Petitioner be designated by a Section within Article IV, Section 58.1-3650 et seq. exempting this real property of your Petitioner from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing cultural, educational and historical opportunities to the public. Respectfully Submitted this ?(;~ day of November, 1997 ROANOKE FOUNDATION FOR DOWNTOWN, INC. By: ~ ~ t,/~ its? /~~ ~ 5 WILBURN C. DIBLING, JR. CITY A'VrORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E- MAIL:cityamj ~ ci.roanok¢.va, us November 14, 1997 '97 NOV '18 X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY A'I'rORNEYS R. Matthew Kennell, Executive Director Downtown Roanoke, Inc. 310 First Street, S. W. Roanoke, Virginia 24011 Dear Matt: Re: Petition for Tax Exempt Stares I have received a copy of your letter to Mary F. Parker, City Clerk, transmitting a Petition seeking a resolution from City Council supporting the exemption from taxation of certain property being offered to Roanoke Foundation for Downtown, Inc., and I am enclosing City Council's policy with respect to organizations seeking such resolutions. See Resolution No. 30884-021892. In addition, also enclosed is a resolution adopted by City Council sometime ago supporting tax exempt stares of an organization at the 1997 Session of the General Assembly, and I trust that these materials will be useful to you. Should you have any questions with respect to this matter, I would be pleased to discuss them with you. With kindest personal regards, I am WCD:f Enclosures cc: ~. Robert Herbert, City Manager ~/Mary F. Parker, City Clerk Sincerely yours, Wilburn C. Dibling, Jr. City Attorney IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 18th ~a¥ of February, 1992. No. 30884-021892. A RESOLUTION establishing the policy of the City with respect to supporting requests of certain non-profit organizations to exempt certain property from taxation pursuant to Article X, S6(a)(6) of the Constitution of Virginia. WHEREAS, this Council from time to time, has been requested to adopt a resolution in support of a non-profit organizations request of the General Assembly to be designated exempt from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, this Council has not heretofore adopted any policy with respect to those organizations requests and the terms and conditions .under which Council' will support an organizations request for tax-exempt status; WHEREAS, a written policy will assist Council in considering whether an organization should be given Council's support of its request for tax exempt status, and a written policy also will help to insure that all similarly situated organizations are treated uniformly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That effective March 1, 1992, M~~ttto~ to r~ceiving a reeolu~lo~.~C~~sul~ln~i~re~,ue~~ of the General Assembly t~b~de~~edexemD~ from taxation pursuant to Article X, Section 6(a) (6) of the Constitution of Virginia, all (a) (b) =~u~e~, &. written determination from the Cm~issloner of revenue whether the organization is tax-exempt by classification or designation under the Code of Virginia; notify the City Clerk, In writing, of the organization's intent to seek new or additional 'space for its activities, such notice shall be given 45 days prior to the organization's entering into any contract for the purchase of real property for which it intends to seek tax-exempt designation; (c) (d) (e) agree ko pay to the City an annual service charge in an a~ount equal to twenty percent (20%) of the City of Roanoke real estate tax levy, which would be applicable to the real property of the organization, in the City of Roanoke, were the organization not exempt from such taxation, for so long as the organization's real property is exempted from State and local taxation; subati8 t~ the City Manager detailed answers to the que~tionm set forth .in subsection B of S30-19.04 of the Code of Virginia (1950~, as amended, such answers must be submitted no later than November 15 in order to receive a resolution to be considered by the next session of the General Assembly; and £Sle~;.~.pe~itio~-for tax-exempt status with City Counei} a~ least sixty (60] days in advance of the f~l~.c~., of- the next selsto~..of the General Assembly. 2. If the Council adopts a resolution supporting an organization's reques~ of the General Assembly, and the request is granted= (a) the value of all exempted taxes shall be deducted from any funding provided by the City to the organtzation~ and (b) the Commissioner of Revenue and the Office of Real Estate Valuation will monitor the tax-exempt status of the property-through the use of: (1) biennial application for tax-exemption; and (2) regular use compliance checks by the Office of Real Estate Valuation. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 1996. No. 32957-052096. A RESOLUTION supporting tax exemption of property in the City of Roanoke owned by Northwest Recreation Club, Inc. and used by it exclusively for charitable or benevolent purposes on a non-profit basis. WHEREAS, Northwest Recreation Club, Inc., (hereinafter "the Applicant") has petitioned this Council for support of a bill to be introduced at the 1997 Session of the General Assembly to exempt certain property of the Applicant from taxation pursuant to Article X, S6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on May 20, 1996; WHEREAS, the provisions of subsection B of S30-19.04, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the property to be exempt from taxation is the personal property of the Applicant and the buildings and as much land as is reasonably necessary to the use of its build~ngs, providing such personal and real property shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and WHEREAS, in consideration of Council's adoption of this Resolution and Council's support of a bill hereinafter described in Paragraph 1 to be introduced on behalf of the Applicant at the 1997 Session of the General Assembly, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy, which would be applicable to real property of the Applicant were the Applicant not.exempt from such taxation, for so long as the applicant's 'real property is exempted from State and local taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council supports a bill to be introduced at the 1997 Session of the General Assembly whereby Northwest Recreation Club, Inc., a non-profit organization, seeks to be classified and designated a charitable or benevolent organization within the context of $6(a)(6) of Article X of the Constitution of Virginia, and whereby property owned by the Applicant, which is used by it exclusively for charitable or benevolent purposes on a non-profit basis, shall be exempt from State and local taxation. 2. In consideration of Council's adoption of this Resolution and Council's support of the bill described in Paragraph 1 of this Resolution to be introduced at the 1997 Session of the General Assembly, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy, whichwould be applicable to real property of the Applicant, in the City of Roanoke, were the Applicant not exempt from State and local taxation, for so long as the Applicant is exempted from State and local taxation. 3. In adopting this Resolution, the Council has examined and considered the provisions of Subsection B of S30-19.04, Code of Virginia (1950), as amended, and pursuant to Subsection C of the same section, Council recognizes that the Applicant owns real property currently assessed at $273,800.00, representing a real property tax liability of $3,367.72 for the 1995-96 tax year, and Council recommends to the General Assembly that the specific classification shall be benevolent or charitable. 4. The City Clerk is directed to forward an attested copy of this Resolution to the Commissioner of the Revenue and the City Treasurer for purpose of assessment and collection, respectively, of the service charge established by this Resolution, and to James R. Cromwell, counsel for the Applicant. 5. This Resolution shall be in full force and effect at such time as a copy, duly signed by an authorized officer of the Applicant, has been filed with the City Clerk. ATTEST: City Clerk. ACCEPTED, AGREED TO and EXECUTED by Northwest Recreation Club, Inc., th~s day of , 19 . NORTHWEST RECREATION CLUB, INC. B~ (SEAL) Title H:~$~I.-Ng/REC. I RECEI'vEB CITY CLERK:~.: ~!::i;'.tl: lqOV 21 All :04 December 1, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: Briefing Bulk & Brash Collection Please reserve space on your agenda for the 2:00 p.m., session for a briefing regarding the above subject. Respectfully, W. Robert Herbert City Manager WRH:WFC:pr CC: City Attorney Director of Finance Director of Public Works Manager, Fleet & Solid Waste Management MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 December 4, 1997 File #122-67-405 SANDRA H. EAKIN Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to development of a Parks and Recreation Master Plan, was before the Council of the City of Roanoke at a regular meeting on Monday, December 1, 1997. On motion, duly seconded and unanimously adopted, the report was received and filed. Council member White raised the following questions: Should the City be in the business of operating a stadium? Is the stadium the highest and best use of the property? What is the feasibility of operating a revenue producing stadium through paid advertising? Council Member Harris suggested that the options and associated costs set forth in a report prepared by Heery International, Inc., and Hammer, Siler, George Associates be reviewed, and Council Member Parrott suggested that Council be provided with a copy of the report of the consultants. H:~GENDA.g'/~3ECl,WPD W. Robert Herbert December 4, 1997 Page 2 MFP:Io pc: Sincerely, Mary F. Parker, CMCIAAE City Clerk James D. Grisso, Director of Finance Wilbum C. Dibling, Jr., City Attorney William F. Clark, Director of Public Works John W. Coates, Manager, Parks and Recreation H:~AGEND~9'/~DEC1 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia RECEIVED CITY '97 ItOV 25 PI2:41 Office of the City Manager December 1, 1997 Dear Mayor Bowers and Members of City Council: Subject: Parks and Recreation Master Plan Victory Stadium The most recent successful bond referendum for capital improvements throughout the city includes significant money for neighborhood park improvements. This will be the first capital bond money for neighborhood parks in approximately ten years. One of the city's major parks and recreation facilities is Victory Stadium. I recently wrote to Council by letter dated November 14, 1997 (copy attached) indicating how extensively these facilities are used. I clearly understand how important it is to Council and the community that a decision be made on the future of Victory Stadium without an extended delay. Representatives of city departments are in the process of formulating a strategy to recommend for developing a master plan for parks and recreation facilities and programs. Such plan will include a review of existing neighborhood parks, recreation centers, where new parks are needed, what programs should be continued or new programs offered. This will provide a benchmark for where we are and where we want to be in the city's overall parks and recreation services. The community must be actively involved in this effort and a citizens committee will be invited to help formulate the master plan. Representatives of neighborhood organizations, youth athletic clubs, parents, teenagers, senior citizens, and all stakeholder groups will be invited to form a task force. Open forum meetings will be conducted to invite public comment for items to be included in the plan. This will provide a basis for recommending expenditures from the recent bond issue and will also set the direction for future improvements. By January 1998, I plan to report to Council on the specifics of this parks and recreation master plan process. I believe a six months schedule should allow adequate time for the development of a plan. As stated before, Victory Stadium is an important component of the city's parks and recreation facilities and will be included in the study and resulting recommendation. If any member of Council has questions or comments, I will welcome hearing from you. WRH:WFC:pr Enclosure CC: W. Robert Herbert City Manager Mary F. Parker, City Clerk James D. Ritchie, Assistant City Manager James D. Grisso, Director of Finance Wilburn C. Dibling, Jr., City Attorney William F. Clark, Director of Public Works John W. Coates, Manager, Parks & Recreation/Grounds Maintenance Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 981-2333 FAX (540) 224-3138 Office of the City Manager November 14, 1997 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia NOV 1997 Director's Office Dear Members of Council: In light of current public attention focused on the condition of Victory Stadium, I am writing to apprise you of the current status of the facility. There have been a number of reports that indicate that Victory Stadium is in very poor condition. I would like to apprise you of the Administration's position regarding these issues. In an attempt to utilize Victory Stadium as a venue for athletics and entertainment, it has seen much more use in the past few years than in more recent times. In fact, this season 65 sporting events will have occurred on Victory Stadium field. This accounts for three high schools utilizing the facility as well as the Roanoke Rush Minor League Football and the Roanoke Wrath Minor League Soccer Teams. Unfortunately, being in a transition zone, the Bermuda tuffha~ not been able to sustain this level of play. Added to the fact thai there is not an irrigation system at Victory Stadium, an unusual dry summer has resulted in undue stress to the turf. The Parks and Recreation Department has evaluated the potential for renovating the tuff over the past few months and has made a determination to change from a Bermuda to a Bluegrass turf which is would be more sustainable in a cool season environment such as the Roanoke Valley. Additionally, they intend to correct some draining deficiencies and add an irrigation system ~h~ch will assure a more vigorous tuff management program on a year round basis. This project is being funded through Stadium revenues which have occurred over the past year and we anticipate the total project cost in the neighborhood of $25,000.00. You may have read much criticism on the Sports Page recently that by allowing the Univers~v. of Miami to practice prior to the William Fleming - Patrick Henry Game, more damage has occ cured to the field. It is our opinion as well as the opinion of Woody Dean, Athletic Director at ?amok Henry High School, that the light, no-touch workout that Miami had that afternoon bad no degrading impact on the turf whatsoever. Room 364 Municipal South 215 Church Avenue, SW Roanoke, Virginia 24011-1591 (540) 853-2333 F;. ' C ~tyWeb: www. ci,roanoke.va.us NOV-14-B? 15:54 I=ROM:I~OANOKE CI~,~ ....... 2/3 The Honorable Mayor and Members of the Roanoke City Council November 14,/997 Page 2 Additionally, recent criticism about the condition of the locker rooms and the public restrooms is some what unfounded. The locker rooms were indeed cleaned prior the game between Fleming and Patrick Henry, and the water has been on all season. The Parks and Recreation Department and the School Administration have made a commitment to evaluate the future wisdom of allowing ninth grade and junior varsity games at Victory Stadium and will attempt to possibly redirect these games to the River's Edge Complex, as well as removing some less important recreational level games that have been played there over the past number of years. We are confident that the turf renovation program as well as the elimination of approximateIy 30 games to the turf will put us in a position to more closely match industry standards for the play- ability of this turf, and will enable us to maintian higher standards at the field. Furthermore, you may recall in 1995, the City of Roanoke contracted with Heery International to conduct a feasibility and design analysis in order to clearly identify realistic renovation options for Victory Stadium. The study was completed in June 1996 and resulted with the identification of five possible options. These options ranged from basic infrastructure remediation with costs projected at $6.5 million, to totally replacing the Stadium with anticipated costs approaching $21.7 million. The option City Council had the consultant focus on called for removal of lower portions of each grandstand, elevating the playing surface and concourse, constructing an eight lane track, and rebuilding locker rooms and restrooms. This option was expected to cost approximately $14.6 million. All of these options called for complete renovations to the playing surface. The study concluded with projections of annual operating deficits of at least $25,000 and possible scenarios approaching an annual deficit level of $ I40,000. As City Council weighed the costs and benefits of the proposed renovations, it became apparent that further public input would be crucial in order to objectively evaluate the wisdom of such significant public investments. Accordingly, the Department of Parks and Recreation is currently preparing to conduct a Comprehensive Parks and Recreation Master Plan which will provide for additional public input regarding future investments in Victory Stadium and all other parks and recreation facilities. This is report is for your information and no action is need. Sincerely, W. Robert Herbert City Manager WRY:sm The Honorable Mayor and Members of the Roanoke City Council November 14, 1997 Page 3 pc: L~illiam F. Clark, Director, Public Works John W. Coates, Manager, Parks and Recreation Michael Loveman, Superintendent, parks and G~rounds MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk December 3, 1997 File #293-336 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33660-120197, authorizing an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley, at a contract amount not to exceed $500,000.00 without further authorization by Council. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting on Monday, December 1, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: Elizabeth Poff, President, Roanoke Valley Convention and Visitors Bureau, 1114 Market Street, S. E., Roanoke, Virginia 24011 David L. Kjolhede, Executive Director, Roanoke Valley Convention and Visitors Bureau, 114 Market Street, S. E., Roanoke, Virginia 24011 H:~AGENDA.97~EC1 .WPD W. Robert Herbert December 3, 1997 Page 2 pc: James D. Grisso, Director of Finance Wilburn C. Dibling, Jr., City Attorney Barry L. Key, Manager, Office of Management & Budget Phillip F. Sparks, Chief, Economic Development H:~AGEND~g71DC-CI .Wl=O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of December, 1997. No. 33660-120197. A RESOLUTION authorizing an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectively, an agreement with the Roanoke Valley Convention and Visitors Bureau, for a term of one year, unless sooner terminated in accordance with the provisions of the agreement, for the purpose of increasing tourism and marketing the Roanoke Valley as a regional destination for convention, conference, leisure, and business travel, all as more particularly set forth in the City manager's report to this Council dated December 1, 1997. 2. The contract amount authorized by this resolution shall not exceed $500,000 without further Council authorization. 3. Said agreement shall be in such form as is approved by the City Attorney. ATTEST: City Clerk. H:~IEA~URES~R-RVCVB. 1 Honorable Mayor David A. Bowers and Members of City Council Dear Mayor and Council Members: lie RECEIVED CItY CLE'F~:i~S [:F?)C~ December 1, 199797 ~OV 24 [>4 .~o 97-43 Subject: Roanoke Valley Convention and Visitors Bureau BACKGROUND: A. City Council adopted an annual operating budget which included $500,000 to the Roanoke Valley Convention and Visitors Bureau (RVCVB) for FY 97/98. B. City Council requests assistance from the RVCVB in marketing and selling Roanoke and desires assurance that the funds will be used for these purposes. C. City Administration has negotiated an agreement (attached) with the RVCVB to assure that the City's funds be used for these purposes. CURRENT SITUATION: A. RVCVB has submitted, for approval by the City Manager, a budget setting forth the anticipated expenditures of City funds involved. ISSUES: A. Funding for RVCVB. B. Timing. C. Economic Development. ALTERNATIVES: A. City Council authorize four payments of $125,000 each to the RVCVB and authorize the City Manager to execute an agreement which provides for a term of one year with RVCVB for the express purpose of marketing the Roanoke Valley as a Regional Destination for convention, conference, leisure and business travel. This Agreement contains a mutual indemnity clause and is similar to the one used in the past. 1. Funding is available in the Fiscal Year 1997/98 General Fund budget. 2. Timing would allow the City to continue to make payments to the RVCVB as provided for in the proposed agreement. Mayor and Members of City Council December 1, 1997 Page 2 3. Economic Development would be enhanced. Bo City Council not approve the payment or not authorize the City Manager to execute an agreement with the RVCVB for the express purpose of Roanoke as a regional destination for convention, conference, leisure and business travel. 1. Funding of the RVCVB would be jeopardized. Timing would not allow the City to continue to make payments to the RVCVB as provided for in the proposed agreement. Economic Development would be negatively impacted due to lack of marketing and promotional activity. V. RECOMMENDATION: City Council authorize four payments totaling $500,000 to the RVCVB and authorize the City Manager to execute an agreement which provides for a term of one year with RVCVB for the express purpose of marketing the Roanoke Valley as a regional destination for convention, conference, leisure and business travel. Respectfully submitted: W. Robert Herbert City Manager WRH/DJM:kdc cc: Director of Finance City Attorney Manager, Management and Budget Chief &Economic Development Director, RVCVB AGREEMENT THIS AGI~EMENT, dated Suly 1, 1997, is by and between the ROANOKE VALLEY CONVENTION AND VISITORS BUREAU, a corporation organized under the laws of the Commonwealth of Virginia (hereinai~er "RVCVB") and the CITY OF ROANOKE, a municipal corporation of the Commonwealth of Virginia (hereinai~er "City"). WHEP~A$, the RVCVB is a "P,~EGIONAL DESTINATION MARKETING ORGANIZATION" whose mission is to market the entire Roanoke Valley as an exciting destination for Convention and Leisure travel; WHEREAS, the City is the largest contributor and with its concentration of hotels, conference center, convention facilities, shopping, dining and attractions, realizes enhancement of its tax revenues as a result of the RVCVB marketing efforts; WHEREAS, the City desires to render aid and provide support to the RVCVB to assist in the promotion of the Roanoke Valley as a destination or meeting site for Visitors including tourists, conventions and meeting groups, special event visitors and commercial travelers; WHEREAS, the City desires to invest $500,000 for the express purpose of increasing tourism activities; WHEREAS, the City desires to formalize its relationship with RVCVB in an effort to increase the revenue enhancement derived fi.om tourism activity; WHEREAS, the City desires to assure that its donation of funds be used for these purposes. Therefore, in consideration of the mutual promises hereinafter set forth, the parties do hereby agree as follows: 1. Term. The term of this Agreement shall be for a one year period, fi.om July l, 1997 through June 30, 1998. 2. Services. Funds made available to RVCVB by the City will be applied to provide additional services resulting directly or indirectly in income producing activities, including but not limited to: (a) Direct sales programs. (b) Sales promotions. (c) (d) (e) (0 (g) (h) Servicing conventions. Marketing/communications. Identify product need (new and improved facility and attractions). Coordination with other City and Civic agencies and businesses involved in the growth of the Roanoke Valley. Staff and run a Visitors' Center. Promote and sell the Roanoke Valley as a convention and tourist destination. 3. Work Program/Budget. No later than August 15, 1997, the RVCVB shall submit to the City Manager for approval a work program, marketing plan and budget setting forth in reasonable detail the activities planned for the year and the anticipated expenditures of City funds involved. The marketing plan shall be in sufficient detail as to determine the strategy RVCVB will be pursuing in promoting and selling the Roanoke Valley as a destination for group meetings, i.e. conferences and conventions as well as tourists. The City Manager shall approve or otherwise respond to the proposed work program, marketing plan and budget no later than August 21, 1997 in order that any necessary modifications be settled upon before August 30, 1997. Monthly reports outlining progress on convention sales, tourism activities and groups booked, bus tour activity, bookings and other information as deemed to be necessary shall be submitted by the RVCVB to the City's Chief of Economic Development. The lack of any written response by the City's Chief of Economic Development requesting redirection of efforts within ten (10) days of receipt of each monthly report, will denote satisfaction with RVCVB efforts. 4. Funding The City agrees to provide funding to RVCVB in the amount of Five Hundred Thousand Dollars ($500,000.00). The total amount shall be paid quarterly in equal payments of One Hundred Twenty-Five Thousand Dollars ($125,000.00) on or before the last day of July 1997, last day of September 1997, December 1997 and March 1998. 5. Subcontracting. It is understood that RVCVB may from time to time contract with firms and individuals for the acquisition of goods or services in the furtherance of the activities contemplated by this 2 ,~ greement. RVCVB shall not enter into any contract relating to activities contemplated by this Agreement or involving the expenditure of funds provided to RVCVB by the City under this Agreement, where the amount of such contract is $$,000 or more, without written authorization of'the City Manager unless the nature of the goods or services to be acquired were disclosed in the work program or annual plan and budget submitted for the year. 6. Books and Records, Audits RVCVB shall keep accurate books and records. Both monthly P&L and Income Statements as well as an audited financial statement shall be made available to the City upon request. Additionally, RVCVB shall make such books and records available to the Municipal Auditor of the City or other independent auditor selected by the City during its regular office hours: 7. Contacts with Prospective Clients. As specified in paragraph 3, the RVCVB shall inform the City's Chief of Economic Development on a regular basis of work in progress at the RVCVB. A representative from the City shall have the fight to be present at any formal bid presentations made to any potential group meeting or business meeting. 8. Board of Directom Upon the execution of this Agreement, City Council shall appoint one of its members and one other person as members of the Board of Directors of the RVCVB; such appointees shall have full voting fights and pfivileges during the term of this Agreement and shall serve on the Board at the pleasure of City Council. In addition, the City Manager, the City's Chief of Economic Development, the Chairman of the Hotel Roanoke Conference Center Commission or his designee, and the Chairman of the Roanoke Civic Center Commission shall be members of the Board, with full voting rights and privileges during the term of this Agreement. 9. Indemnification. Each party shall indemnify and hold harmless the other party, its officers, agents and employees, from any and all claims, legal actions and judgements advanced against it or its officers, agents or employees, and for expenses it may incur in this regard, arising out of the other's negligent acts or omissions, with respect to carrying out this Agreement. 10. Insurance. RVCVB shall obtain and maintain during the life of this Agreement a policy or policies 3 q~ commercial general liability insurance with an insurance company or Companies licensed to do business in Virginia, which policy or policies shall provide coverage with respect to claims arising out of the subject matter of this Agreement. The amount of'such insurance shall not be less than $1,000,000. RVCVB shall also obtain and maintain during the life of this Agreement Directors and Officers Liability insurance in the amount of $1,000,000 per occurrence providing coverage, including defense costs, with respect to claims arising out of the subject matter of this Agreement. All such policies shall be occurrence policies and shall name the City of Roanoke, its officers, agents, employees and representatives as additional insureds under the commercial general liability policy and, if possible, under the Directors and Officers Liability policy. RVCVB shall provide the City with certificates of insurance for each of the above policies and each certificate shall contain substantially the following statement: "The insurance coverage provided by this certificate shall not be canceled or materially altered except after thirty (30) days written notice has been provided to the City of Roanoke." 11. Assignment. Neither the City nor RVCVB may assign its rights or obligations hereunder without the prior written consent of the other. 12. Notices. Any notices required by the terms of this Agreement shall be deemed to have been given when delivered in person to or deposited in the U.S. mail, postage prepaid, addressed: (a) If to the City: City Manager City of Roanoke Municipal Building, Room 364 215 Church Avenue, S.W. Roanoke, Virginia 24011 (b) If to the RVCVB: President Roanoke Valley Convention and Visitors Bureau Marketplace Center 114 Market Street ' Roanoke, Virginia 24011 or at such other address as each party may designate for itself by giving at least five (5) days prior written notice. 13. Nondiscrimination. 4 A. During the performance of this contract, the RVCVB agrees as follows: 1. RVCVB will not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. RVCVB agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. RVCVB, in all solicitations or advertisements for employees placed by or on behalf of RVCV'B will state that RVCVB is an equal employment opportunity employer. 3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. B. RVCVB will include the provisions of the foregoing subparagraph (a)(1), (2) and (3), in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. 14. Termination. The City may terminate this Agreement at any time ifRVCVB applies funds paid to RVCVB by the City for any purpose other than the purposes contemplated by this Agreement, provided that reasonable notice and opportunity to cure shall first be afforded. Upon termination of this Agreement, the number of City representatives on the Board of Directors of RVCVB shah be reduced to two (2). In such event, the City Manager shall designate the City's representatives to remain on the Board or in the event the City Manager does not so designate within 14 days of termination of the contract, the President of RVCVB shall make the designation. 15. Duplicate Originals. This Agreement may be executed in duplicate, each of which shall be deemed to be an original and all of which will be deemed to represent one and the same Agreement. 16. Nonwaiver. RVCVB agrees that the City's waiver or failure to enforce or require performance of 5 any term or condition of this Agreement or the City's waiver of any particular breach of this Agreement by RVCVB extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Agreement or a waiver of any other breaches of the Agreement by RVCVB and does not bar the City from requiring RVCVB to comply with ail the terms and conditions of the Agreement and does not bar the City from asserting any and all rights and/or remedies it has or might have against RVCVB under this Agreement or by law. 17. Cooperation. Each party agrees to cooperate with the other in executing any documents necessary to carry out the intent and purpose of this Agreement. 18. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes ail prior agreements between the parties. No amendment to this Agreement will be valid unless made in writing and signed by the appropriate parties. IN WITNESS WHEREOF, the City and the RVCVB have caused this Agreement to be executed and sealed by their respective authorized officers. ATTEST: CITY OF ROANOKE Mary F. Parker, City Clerk ATTEST: W. Robert Herbert, City Manager ROANOKE VALLEY CONVENTION AND VISITORS BUREAU By: Title: Title: Approved as to form: Appropriation & Funds required for this Contract certified: 6 ~ity Attorney Approved as to execution- Director of Finance Account No. City Attorney Date: 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 SANDRA H. EAKIN Deputy City Clerk December 3, 1997 File #34-53 The Honorable David C. Anderson City Treasurer Roanoke, Virginia Dear Mr. Anderson: I am attaching copy of Resolution No. 33662-120197 prescribing the amount of the bond of the Treasurer of the City of Roanoke and approving the surety thereon, in the sum of $1,000,000.00, conditioned upon the faithful discharging of official duties in relation to the revenue of the City and such other official duties as may be imposed by the City Charter and by ordinances of the City Council. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting on Monday, December 1, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager James D. Grisso, Director of Finance Diane S. Akers, Budget Administrator, Office of Management and Budget Wilburn C. Dibling, Jr., City Attorney Glenn A. Asher, Risk Management Officer H:~AGENOA.OT~DEC1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 1997. No. 33662-120197. A RESOLUTION prescribing the mount of the bond of the Treasurer of the City of Roanoke and approving the surety thereon. WEREAS,David C. Anderson has been elected Treasurer of the City of Roanoke for a term commencing January 1, 1998, and ending on December 31, 2001, and has requested the Council to fix the amount of his official bond and to approve the surety offered thereon; and WHEREAS, Fidelity and Deposit Company of Maryland, a corporate bonding company, has offered to become the surety on such bond as is prescribed for said Treasurer by the Council pursuant to the provisions of §37 of the City Charter. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Before entering upon his duties as Treasurer of the City of Roanoke for the term commencing January 1, 1998, and ending December 31, 2001, the said City Treasurer- Elect, David C. Anderson, shall properly make, execute and lodge with the City Clerk, a bond approved as to form and execution by the City Attorney, payable to the City of Roanoke and executed by the aforesaid David C. Anderson and by the surety hereinafter approved, in the sum of $1,000,000.00, conditioned upon said City Treasurer faithfully discharging his official duties in relation to the revenue of the City and such other official duties as may be imposed upon him by the City Charter and by ordinances of this Council. 2. corporate Commonwealth of Virginia, as the surety of the aforesaid bond. ATTEST: Council hereby approves the Fidelity and Deposit Company of Maryland, a bonding company, authorized to transact business as a surety in the City Clerk. MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-t145 December 3, 1997 File #34-53-60 SANDRA H. EAKIN Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33661-120197, amending and reordaining certain sections of the 1997-98 General and Risk Management Fund Appropriations, transferring funds in the amount of $14,700.00 in connection with prescribing the amount of the bond for the City Treasurer for a term commencing January 1, 1998 and ending December 31, 2001. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting on Monday, December 1, 1997. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:Io Attachment pc: The Honorable David C. Anderson, City Treasurer W. Robert Herbert, City Manager Diane S. Akers, Budget Administrator, Office of Management and Budget Wilburn C. Dibling, Jr., City Attorney Glenn A. Asher, Risk Management Officer H:~M3END~9?~DC-CI.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of December, 1997. No. 33661-120197. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General and Risk Management 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 Risk Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: GeneralFund Appropriations General Government City Treasurer (1) .......................................... Nondepartmental Contingency - General Fund (2) ............................... Risk Manaqement Fund Approoriations Operating (3) Revenue Operating (4) ............................................. 1) Risk Management 2) Contingency 3) Insurance 4) Billings to the General Fund (001-020-1234-7017) (001-002-9410-2199) (019-002-1262-3020) (019-020-1234-0952) 14,700 (14,700) 14,700 14,700 $10,865,592 891,169 $56,626,541 (492,336) $ 6,327,894 $ 6,192,856 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEIVED CITY ,L~.~,~ ni-t' NOV 25 A10:58 Roanoke, Virginia December 1, 1997 97-44 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council Subject: Bonding for the City Treasurer Back£round on the subject is as follows: A. Bonding for the City Treasurer is required by the City of Roanoke Charter - Section 37. Bo Current bonding amount of $1,000,000 was established by City Council through the adoption of resolution number 31791-121393 on December 13, 1993. Fidelity and Deposit Company of Maryland, a corporate bonding company authorized to transact business in the Commonwealth of Virginia, was authorized as the surety for the bond based on the recommendation of J&H, Marsh, and McClennan, the insurance consultant and broker for the City of Roanoke. New bonding amount for the newly elected City Treasurer must be set by City Council prior to the commencement of the new term so that the bond may be executed by the City Treasurer. II. Current situation is as follows: Ao The election of David C. Anderson as City of Roanoke Treasurer took place on November 4, 1997. B. Term of office commences January 1, 1998, and ends on December 31, 2001. Evaluation by the Risk Management Officer and the City Treasurer of the bonding amount required resulted in the conclusion that the amount of the bond required by Section 37 of the City Charter should remain at $1,000,000. D. Additional bonding required by the City Treasurer includes: 1. Money and Securities Bond in the amount of $25,000 to $100,000. 2. Faithful Performance of Employees Bond in the amount of $100,000. Surety for the bond will be provided by Fidelity and Deposit Company of Maryland. J&H, Marsh, and McClennan, the insurance consultant and broker for the City of Roanoke, recommends renewing the existing coverage provided by Fidelity and Deposit Company of Maryland. Honorable Mayor and Members of City Council Page 2 III. Issues in order of importance are as follows: Ao Level of risk Legal requirements Cost and funding source IV. Alternatives in order of feasibility are: City Council set the bond amount for the City Treasurer for the new term commencing January 1, 1998, and ending on December 31, 2001, at $1,000,000, and approve Fidelity and Deposit Company of Maryland as the surety for the bond. 1. Level of risk has been accurately determined, and an appropriate bonding amount is specified. 2. Legal requirements of the City of Roanoke Charter - Section 37 will be met. o Cost of the bond will be $14,700~ with the source of funding being the Contingency Reserve account (001-002-9410-2199). The cost of the bond will be paid from the Risk Management Fund and recovered via internal service fund billing. Bo City Council not set the bond amount for the City Treasurer for the new term commencing January 1, 1998, and ending on December 31, 2001 at $1,000,000, and not approve Fidelity and Deposit Company of Maryland as the surety for the bond. 1. Level of risk has been accurately determined, but an appropriate bonding amount will not be specified. 2. Legal requirements of the City of Roanoke Charter - Section 37 will not be met. 3. Cost and funding source will not be an issue. Honorable Mayor and Members of City Council Page 3 Recommendation: Recommendation is that City Council concur with Alternative A and take the following specific action: Set the bond amount for the City Treasurer for the new term commencing January 1, 1998, and ending on December 31, 2001, at $1,000,000. B. Approve Fidelity and Deposit Company of Maryland as the surety for the bond. Transfer funding in the amount of $14,700 from the Contingency Reserve account (001- 002-9410-2199) to the City Treasurer Risk Management account (001-020-1234-7017). Increase the revenue estimate for Risk Management Fund - Internal Service Fund Billings - General Fund (019-020-1234-0952) in the amount of $14,700. Appropriate funding in the amount of $14,700 to the Risk Management - Insurance account (019-002-1262-3020). Respectfully submitted, W. Robert Herbert City Manager CC' Assistant City Manager Budget Administrator City Attorney City Clerk City Treasurer Director of Finance Risk Management Officer 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 December 4, 1997 File #53 SANDRA H. EAKIN Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke on Monday, December 1, 1997, Council member Swain requested information on the total number and cost of bonded positions in Roanoke City Government. Sincerely, ~. P~.~.Z,,~.~ Mary F. P~a er, CMClAAE City Clerk MFP:Io pc; Rose M. Woodford, Executive Secretary, City Manager's Office Glenn A. Asher, Risk Management Officer H:~AGENDA.97~:3~Cl .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 SANDRA H. EAKIN Deputy City Clerk December 3, 1997 File #184 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33663-120197, establishing hours of operation for certain City offices on Christmas Eve, December 24, 1997; closing certain City offices on the day after Christmas, December 26, 1997; and providing for additional holiday leave for all City Employees. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting on Monday, December 1, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enc. pc: Kenneth S. Cronin, Manager, Personnel Management H:~A(3ENDA.~/I~ECl .WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 1997. No. 33663-120197. A RESOLUTION establishing hours of operation for certain City offices on Christmas Eve, December 24, 1997; closing certain City offices on the day after Christmas, December 26, 1997; and providing for additional holiday leave for all City employees. BE IT RESOLVED by the Council of the City of Roanoke that: 1. city offices that are not engaged in performing emergency services or other necessary and essential services of the City shall be closed beginning at 12:00 noon on Wednesday, December 24, 1997, and all day on Friday, December 26, 1997. 2. City personnel who are not engaged in performing emergency services or other necessary and essential services for the City shall be excused from work for four hours on Wednesday, December 24, 1997, and eight hours on Friday, December 26, 1997. 3. With respect to emergency service employees and other employees performing necessary and essential services who cannot for reasons of public health, safety or welfare be excused from work on Wednesday, December 24, 1997, and on Friday, December 26, 1997, such employees, regardless of whether they are scheduled to work on December 24 and 26, 1997, shall be accorded equal time off at a later date. 4. Adherence to this resolution shall cause no disruption or cessation of the performance of any emergency, essential or necessary public service rendered or performed by the City. ATTEST: H:'~EASURES~R-HOLI.3 City Clerk. Office of the City Manager December 1, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia 24011 RE: Additional Holiday Time for City Employees Dear Mayor Bowers and Members of Council: Governor Allen has granted one-half day Wednesday, December 24 and Friday, December 26, as additional holidays for state employees. While the City of Roanoke traditionally does not follow all state holidays, I would like to recommend granting these additional holidays in December to recognize our employees for the hard work and accomplishments achieved during 1997. Given this year's successes, I would like to recommend to City Council that all full- time employees be granted four hours of holiday time on Wednesday, December 24, (and close city offices at noon) and eight hours on Friday, December 26, as additional holiday time. In areas where employees cannot be off due to staffing requirements, the holiday time can be taken off at a later date. Should you concur in this recommendation, I am enclosing a resolution for your approval. I will communicate Council's action to the employees so they may begin their individual planning for the use of this additional holiday time. Sincerely, W. Robert Herbert City Manager WRH/w Enclosure cc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 CityWeb:www. ci.roanoke.va.us (540) 853-2333 FAX (540) 853-1138 RECEIVED CITY'"'" CLcF, t~ OFFICE ~1 I~U¥ 14 ,JO Office of the City Manager November 17, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia 24011 Dear Mayor Bowers and Members of Council: Governor Allen has granted Friday, December 26, as an additional holiday for state employees. While the City of Roanoke traditionally does not follow all state holidays, I would like to recommend granting an additional holiday in December to recognize our employees for the hard work and accomplishments achieved during 1997. Given this year's successes, I would like to recommend to City Council that all full- time employees be granted Friday, December 26, as an additional holiday. In whereas employees cannot be off due to staffing requirements, the holiday can be taken off at a later date. Should you concur in this recommendation, this matter would be forwarded to the City Attorney for the creation of an appropriate resolution for action by City Council on December 1. In the meantime, I will communicate Council's action to the employees so they may begin their individual planning for the use of this additional holiday. Sincerely, W. Robert Herbert City Manager WRH/w CC: VVilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Room 364 Municipal South 215 Church Avenue. S.W Roanoke, Virginia 24011-1591 (540) 853-2333 FAX -.' Cit yWe b:www, ci.roanoke.va,us 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 December 3, 1997 File ~60-270-472 SANDRA H. EAKIN Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33664-120197, amending and reordaining certain sections of the 1997-98 General, Civic Center, Transportation, Management Services, and Utility Line Services Funds Appropriations, to provide for appropriation of $841,772.00 to certain accounts for acquisition of vadous operational equipment items and projects. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting on Monday, December 1, 1997. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works · Glenn D. Radcliffe, Director of Human Development George C. Snead, Jr., Director of Public Safety Barry L. Key, Manager, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management H:~,GENDA. OT~3~-Cl.WI:~O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of December, 1997. No. 33664-120197. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General, Civic Center, Transportation, Management Services, and Utility Line Services Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 General, Civic Center, Transportation, Management Services, and Utility Line Services Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations General Government Director of Finance (1) .......................................... Personnel Management (2) ...................................... City Attorney (3) ............................................... City Treasurer (4) .............................................. Real Estate Valuation (5) ........................................ Supply Management (6) ......................................... Judicial Administration Magistrate's Office (7) .......................................... Public Safety Police - Patrol (8) .............................................. Fire - Operations (9) ............................................ Building Inspection (10) ........................................ Crisis Intervention (11 ) ......................................... Public Works Building Maintenance (12) ....................................... Communications (13) ........................................... $10,890,586 1,826,441 772,451 640,686 882,375 922,481 337,675 $ 4,402,959 6,653 $39,092,497 8,254,795 10,855,528 968,086 473,46O $25,283,748 3,288,334 2,244,045 Snow Removal (14) .......................................... Parks and Grounds Maintenance (15-16) ........................ Engineering (17) ........................................... Health and Welfare Social Services - Services (18) ................................. Parks, Recreational and Cultural Libraries (19) ............................................... Cultural Services Committee (20-21~ ............................ Community Development Memberships and Affiliations (22-23) ............................ Nondepartmental Transfers to Other Funds (24-25) ............................... Fund Balance Reserved for CMERP - City (26) ................................ Civic Center Fund Appropriations Capital Outlay - Equipment (27) ................................. Revenue Nonoperating (28) ............................................ Transportation Fund ADorooriations Williamson Road Parking Garage (29) ............................ Revenue Nonoperating (30) ........................................... Manaqement Services Fund Appropriations Capital Outlay (31) ........................................... $ 205,969 4,069,025 1,476,274 $23,078,719 6,838,578 $ 4,310,971 2,135,678 521,819 $ 2,820,994 1,364,384 $56,742,041 55,959,662 $ 4,616,454 $ 570,850 $ 992,162 $ 343,625 $ 1,102,773 $ 83,689 Retained Earnin,qs Retained Earnings - Unrestricted (32) ............................ Utility Line Services Fund Appropriations Operating (33) .............................................. Capital Outlay (34-35) ........................................ Retained Earnin,qs Retained Earnings - Unrestricted (36) ............................ 228,140 3,031,043 449,474 1,982,103 1) Other Equipment 2) Other Equipment 3) Other Equipment 4) Other Equipment 5) Other Equipment 6) Furniture and Equipment 7) Expendable Equipment 8) Other Equipment 9) Other Equipment 10) Other Equipment 11 ) Other Equipment 12) Maintenance - Third Party Contract 13) Other Equipment 14) Other Equipment 15) Other Equipment 16) Project Supplies 17) Fees for Professional Services 18) Administrative Supplies 19) Other Equipment 20) Mill Mountain Zoo 21) Center in the Square 22) VVVCC 23) Convention and Visitors Bureau (001-004-1231-9015) (001-002-1261-9015) (001-003-1220-9015) (001-020-1234-9015) (001-023-1235-9015) (001-056-1237-9005) (001-070-2121-2035) (001-050-3113-9015) (001-050-3213-9015) (001-052-3410-9015) (001-054-3360-9015) (001-052-4330-3056) (001-050-4130-9015) (001-052-4140-9015) ( 001-052 -4340-9015) (001-052-4340-3005) (001-052-4310-2010) (001-054-5314-2030) (001-054-7310-9015) (001-054-5221-3701 ) (001-054-5221-3706) (001-002-7220-3710) (001-002-7220-3702) $ 10,000 5,265 14,000 6,212 5,800 12,981 969 62,324 40,100 1,578 4,000 12,000 47,425 27,340 29,000 25,000 75,000 7,800 28,695 53,700 26,915 54,79O 25,628 24) Transfer to Civic Center Fund (001-004-9310-9505) $ 37,000 25) Transfer to Transportation Fund (001-004-9310-9507) 50,000 26) Reserved for CMERP - City (001-3323) (663,522) 27) Other Equipment (005-056-2108-9015) 37,000 28) Transfer from General Fund (005-020-1234-0951 ) 37,000 29) Maintenance - Equipment (007-056-8205-2048) 50,000 30) Transfer from General Fund (007-020-1234-1037) 50,000 31 ) Other Equipment (015-002-1618-9015) 40,000 32) Retained Earnings- Unrestricted (015,3336) (40,000) 33) Expendable Equipment (016-056-2625-2035) 4,250 34) Other Equipment (016-056-2626-9015) 75,000 35) Vehicular Equipment (016-056-2626-9010) 59,000 36) Retained Earnings- Unrestricted (016-3336) (138,250) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia December 1, 1997 RECEIVE0 (:ITY "' '-"'""' '" 97-372 '97 ~,~0\-' 21 P2:32 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Fund Appropriations from Capital Maintenance and Equipment Replacement Program and Prior Year Retained Earnings I. Background on the subject in chronological order is: Capital Maintenance and Equipment Replacement Program (CMERP) and Prior Year Retained Earnings Accounts for Internal Service Departments has identified various operational needs. Bo City Council received the CMERP Report for Fiscal Year 1997-'98 as a briefing on October 22, 1997. Co Items and Projects identified are deemed necessary for the continuous performance of duties and project assignments in the most efficient and effective manner. A listing of some of these identified items and projects is on Attachment "A" of this report. The City Manager, by authority designated by City Council, can approve expenditure of Funds up to $75,000 providing those Funds have been appropriated or transferred by Council to an operating account. Fo Items or projects, identified on Attachment "A", either have already been bid or will be bid in accordance with the procurement section of the Code of the City of Roanoke. II. Current ~ituation is: Ac It is necessary for City Council to appropriate Funds from CMERP and Prior Year Retained Earnings to provide for the acquisition of the items listed on Attachment "A" of this report. CMERP Page 2 III. IV. Ve Issues in order of importance are: A. Need B. Funding C. Timing Alternatives in order of importance are: Ao City Council appropriate $841.772.00 to various accounts to provide for the items and projects listed on Attachment "A". Need for the requested items and projects have been justified as essential. Funding is available in current year CMERP and Prior Year Retained Earnings accounts to provide for the requested purchases. Timing will allow for the requested items listed on Attachment "A" to be purchased in the most expedient manner. B. City Council not appropriate requested Funds to various accounts. Need for the requisition of necessary items and projects would not be addressed with this alternative. Funding designated for the purchase of the items listed on Attachment "A" would not be expended at this time with this alternative. Timing for the acquisition of the items requested on Attachment "A" would not be accomplished in the most expedient manner. Recommendation is that City Council concur with Alternative "A" and appropriate ~ as follows: A. $663.522.00 from CMERP to the following: CMERP Page 3 2. 3. 4. 5. o 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. $10.000 to Finance account 001-004-1231-9015. $47.425.00 to Communications account 001-050-4130-9015 $62.324,00 to Police account 001-050-3113-9015 $40,100,00 to Fire/EMS account 001-050-3213-9015 $12.000.00 to Building Maintenance account 001-052-4330- 3056 $1,578.00 to Building Inspection account 001-052-3410- 9015 $27.340.00 to Snow Removal account 001-052-4140-9015 $29,000.00 to Parks and Grounds account 001-052-4340- 9015 $25,000.00 to Parks and Grounds account 001-052-4340- 3005 $4.000.00 to Crisis Intervention account 001-054-3360-9015 $28,695.00 to Library account 001-054-7310-9015 $5.265.00 to Personnel account 001-002-1261-9015 $14.000,00 to City Attorney account 001-003-1220-9015 $6.212.00 to City Treasurer account 001-020-1234-9015 $5.800.00 to Real Estate Valuation account 001-023-1235- 9015 $7.800.00 to Social Services account 001-054-5314-2030 $12.981.00 to Supply Management account 001-056-1237- 9005 $969.00 to Magistrate account 001-070-2121-2035 $53.700.00 to Cultural Services account 001-054-5221-3701 $26,915.00 to Cultural Services account 001-054-5221-3706 CMERP Page 4 Co 21. $54.790.00 to Memberships and Affiliations account 001- 002-7220-3710 22. $25.628.00 to Memberships and Affiliations account 001- 002-7220-3702 23. $75.000.00 to Engineering account 001-052-4310-2010 24. $37.000.00 to Civic Center account 005-056-2108-9015 25. $50.000.00 to Transportation Fund account 007-056-8205- 2048 $40.000.00 from Management Services Prior Year Retained Earnings to account 015-002-1617-9015 $138,250.00 from Utility Line Services Prior Year Retained Earnings account as follows: 1. $75,000.00 to Utility Line Services account 016-056-2626- 9015 $59.000.00 to Utility Line Services account 016-056-2626- 9010 $4,250.00 to Utility Line Services account 016-056-2626- 2035 CC: City Attorney City Clerk Director of Finance Director, Utilities & Operations Director, Public Works Director, Human Development Director, Public Safety Management & Budget Manager, Supply Management Respectfully Submitted, W. Robert Herbert, City Manager Attachment "A" Funds designated from Current Year Capital Maintenance and Equipment Replacement Program Finance Folder/Sealer Machine This machine will replace current machine which is approximately 10 years old and would be more efficient to operation. $10,000 Communicatiolls Emergency Notification System This system will allow the upgrade of Fire Stations with emergency notification systems to provide for a more efficient and effective dispatching of emergency Fire/EMS calls. $ 40,000 Radio Frequency Filters Current Filters have been in use since 1975. Replacement Filters would allow radio technicians to work on mobile & portable units without interfering with public radio traffic. 7,425 Police Emergency Lights and Sirens Five (5) new units to replace old Light and Siren units to improve officer safety and patrol unit visibility. 5,500 Mobile In-Car Video Systems Eleven (11 ) units needed for the new program which will provide video and audio records of encounters involving police officers and citizens. $ 43,000 Microfilm Reader/Printer Replace Two (2) old high maintenance units. These units are mandated by State Code that documents be kept for a certain time period. Proper hardcopy would require much more space than is available. $10,480 Hydraulic Dump Trailer This is to replace the used trailer which is currently used in the mounted patrol program. $ 3,344 Fire/EMS Medical Equipmerlt This will allow for the replacement of Two (2) defibrillators and One (1) intubation kit which are needed for basic life support units. $15,100 Attachment "A" Page 2 Jaws of Life Rescue Tools This will allow for another needed complete set of emergency extrication equipment to be used in Fire/EMS operations. Building Maintenance Alterations to Administrative Office To provide for additional office for training staff. Building Inspections Backfiow Prevention Assembly Kits This equipment is part of the Cross Connection Program approved by Council in 1996. Snow Removal Salt Spreaders To replace Three (3) 20 year old spreaders that have frequent downtime. Snow Plows To replace Three (3) 30 year old plows in very poor condition. Snow Plow Hitchers To replace Three (3) old hitchers for the above plows. Sidewalk Snow Blowers/Throwem To provide for the removal of snow or City sidewalks expediently. Parks & Grounds Maintenance Pressure Washer Equipment will be used to pressure clean concrete and asphalt areas at City Facilities. Giant Vacuum Leaf Loader To be used for the annual leaf collection program. Unit to be replaced is worn out. Walk Behind Mower To be used to mow medium strips and park areas. Irrigation System at First Union Tower PI~7~ To properly irrigate resoded area at plaza. $ 25,000 $12,000 $ 1,578 $13,246 $ 8,994 $ 1,800 3,300 4,500 8,500 4,000 6,000 Attachment "A" Page 3 Neighborhood Park Fencing To replace existing ballfield fencing and basketball area at Eastgate Park. Reforestation Phase IV To provide for planting 225 shade and ornamental trees. This is a multi-year program. Crisis Intervention Center This is to allow for an alarm system expansion to protect staff and residents. Libraries Fire/Burglar Alarms for Branch Libraries To provide alarm systems in Gainsboro, Melrose and Jackson Park Libraries. Shelving in Virginia Room To store valuable manuscripts, rare books and research material. Tables and Chairs for Libraries Replacement for old and unstable tables and chairs at Raleigh Court and VVilliamson Road Branch Libraries. Personnel Front Counter Replace front counter and modular units in front office to make more user friendly for applicants and workers. City Attorney Dictaphone System To replace obsolete dictating system which is worn out and no longer has replacement parts available. City Treasurer Chairs and Stools To replace 13 chairs and 5 stools which are approximately 10 years old. Real Estate Valuation Copy Machine Replace current copiers that has high maintenance cost and excessive downtime. $ 6,000 $ 25,000 $ 4,000 $10,500 $10,000 $ 8,195 $ 5,265 $14,000 $ 6,212 $ 5,800 Attachment "A" Page 4 Social Services Fax Machine Foster Care unit requires for Fax Machine to send and receive materials and information on cases. Desk To replace 17 old desk that are broken and cannot be repaired. Su~_oly Management Clerical Workstations To replace current desk that are over 15 years old and are not appropriate for new computer environment. Magistrate Office Furniture and Air Conditioner Furniture is to provide for office expansion and an air conditioner will provide for a more comfortable work environment. Blue Ridge Zoological Society Repairs to Zoo To enlarge and replace service gate. Repair tree kangaroo exhibit, upgrade electrical service and perimeter fencing. Center in the Square Emergency Generator To purchase an Emergency Generator for back-up power to the Facility. Virginia Western Community College Natural Science Center For Site development for a Natural Science Center to be constructed on campus, along with associated sidewalk improvements. Roanoke Valley Convention and Visitors Bureau Upgrade of Computer System To purchase computer equipment for compatibility of programs and enhance the services to be provided. $ 1,000 $ 6,800 $12,981 $ 969 $ 53,700 $ 26,915 $ 54,790 $ 25,628 Attachment "A" Page 5 Engineering Zoning Map and Street Map Network Develop Digital Zoning and Street Map Network to enhance capabilities for analysis of land use and zoning districts. These maps would also be available to the public through the Internet. This continues a multi-year effect that began in 1996. Civic Center Baby Changing Stations To provide for cabinet-type diaper changing centers for each restroom. Adjustable Risers Stage risers are needed for various concerts and events for temporary stages in the auditorium. The current units are old and are not safe to use. Banquet Tables To replace 100 banquet tables due to the wear and tear of continuous use. Transportation Fund Revenue Control Equipment at Williamson Road and Market Square Parking Garage This is to replace old non-repairable equipment. Existing equipment is inoperable. $ 75,000 $ 3,000 $ 24,000 $10,000 $ 50,000 Total $663,522 II. Funds designated from Prior Year Retained Earnings Accounts Management Services Copier for Building Inspections To replace 11 year old machine with high maintenance cost and downtime. Copier for Public Works Service Center To replace older unit with extensive downtime and maintenance cost. $ 6,000 $12,000 Attachment "A" Page 6 Copier for Parks and Recreation To replace an older unit that is experiencing constant maintenance and downtime. Copier for J & D Court Services Current older unit continues to have excessive downtime and expensive maintenance cost. Copier for Commissioner of the Revenue To replace an 8 year old unit with high maintenance cost and downtime. Utility Line Services Sewer Line Camera TV Camera and accessories used to inspect sewer mains and laterals. Step Van 3/4 Ton Step Van to be used with above sewer line camera system. This replaces a high mileage pickup truck. Pickup Trucks To replace Two (2) mid-size pickup trucks that are old and requires constant maintenance and repairs. 90 lb. Pavement Breakers To replace Two (2) 90 lb. pavement breakers used to cut asphalt and rock. Qwik-Freezer Kit Equipment used when adjusting and repairing water service lines. Abrasive Pipe Saws For Two (2) abrasive pipe saws used for Installation and repairs to sewer and water lines. Centrifugal Ditch Pumps To replace 1-2" and 1-3" pumps used during the installation and repair of sewer and water lines. Hand Tool Set For a set of tools necessary for installation and service to water mains and hydrants. Total $ 8,000 $ 8,000 $ 6,000 $ 75,000 $ 25,000 $ 34,000 $ 1,400 $ 65O $ 850 $ 9OO $ 450 $178,250 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 December 3, 1997 File ~67-410-472 SANDRA H. EAKIN Deputy City Clerk Wayne E. Williams, Fleet Sales Magic City Motor Corporation Post Office Box 12807 Roanoke, Virginia 24028 Dear Mr. Williams: I am enclosing copy of Resolution No. 33665-120197, accepting the bid of Magic City Motor Corporation, in the total amount of $92,511.80, for four new 4-wheel drive pickup trucks with snow plow assemblies, 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 on Monday, December 1, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enc. pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works James A. McClung, Manager, Fleet Management John W. Coates, Manager, Parks and Recreation Barry L. Key, Manager, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management H:~AGENDA.g'/~D~CI.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 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 December 4, 1997 File ~7-410-472 SANDRA H. EAKIN Deputy City Clerk Mid-State Equipment Company Post Office Box 249 Buchanan, Virginia 24066 Berglund Chevrolet, Inc. Post Office Box 12608 Roanoke, Virginia 24017 Cavalier Equipment Corporation Post Office Box 310 Cloverdale, Virginia 24077-0310 Dominion Car Company 1259 East Main Street Salem, Virginia 24153 Truck Body Corporation Post Office Box 10906 Lynchburg, Virginia 24504 Ladies and Gentlemen: I am enclosing copy of Resolution No. 33665-120197, accepting the bid of Magic City Motor Corporation, in the total amount of $92,511.80, for four new 4-wheal drive pickup trucks with snow plow assemblies, 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 on Monday, December 1, 1997. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed vehicular equipment. Sincerely, Mary F. Parker, CMCIAAE City Clerk H:~.GENDA.gT~DECl .W~O Mid-State Equipment Company Cavalier Equipment Corporation Berglund Chevrolet, Inc. Dominion Car Company Truck Body Corporation December 4, 1997 Page 2 MFP:Io Enclosure pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works James A. McClung, Manager, Fleet Management John W. Coates, Manager, Parks and Recreation Barry L. Key, Manager, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management H:~AGENDA.97~:)C-Cl IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The lst'day of December, 1997. No. 33665-120197. A RESOLUTION accepting the bid of Magic City Motor Corporation for four new 4-wheel drive pickup trucks with snow plow assemblies; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Magic City Motor Corporation, made to the City, offering for purchase four new 4-wheel drive pickup trucks with snow plow assemblies, meeting all the City's specifications and requirements therefor, for a total cost of $92,511.80.00, which bid is on file in the Office of Supply Management, is hereby ACCEPTED. 2. The authorized to City's Manager of Supply Management is hereby issue the requisite purchase orders therefor, incorporating into said orders the City's specifications, the terms of said bidders' proposals and the terms and provisions of this resolution. 3. A~y 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 H;%RP-.SN~-4WK~EL. I A City Clerk. 97-373 Roanoke, Virginia December 1, 1997yi,..iT RECEI~/E[)"' ~' ~ ~ '97 NOV 24 t~8:02 Honorable David A. Bowers, Mayor and Members of City Council Dear Mayor Bowers and Members of Council: SUBJECT: Bids to Purchase 4-Wheel Drive Pickup Trucks with Snow Plow Assemblies I. Background on the subject in chronological order is: Ao Current Year Capital Maintenance and Equipment Replacement Program has identified the need to replace Four (4) 4-Wheel drive pickup trucks with snow plows in Parks and Grounds Department. Requested units will be used consistently on day to day operations and will be appropriately outfitted for use as needed for snow removal. Specifications were developed and along with Request for Quotations were sent to eighteen (18) vendors. A public advertisement was also published in The Roanoke Times and The Roanoke Tribune. Bids were received until 2:00 p.m. on October 14, 1997 at which time all bids appropriately received were publicly opened and read in the Office of the Manager of Supply Management. II. Current ~ituation is: Six (6) bid responses were received. A bid tabulation is attached to this report. All bids were evaluated in a consistent manner by representatives of Public Works, Fleet Management and Supply Management. C. Bid evaluations are as follows: Item #1 - 4 new 4-Wheel drive pickup trucks. The lowest bid, submitted by Magic City Motor Corporation meets all required specifications for a cost of $20,101.00 per unit. 2. Item #2 - 4 new snow plow assemblies to be mounted on Item #1. The lowest bi_ ___d, submitted by Mid-State Equipment Company, Inc. took exceptions to the cutting edge, height and controls. These exceptions are substantial and cannot be waived as informalities. 4-Wheel Drive Pickup Trucks with Snow Plow Assemblies Page 2 III. IV. The second lowest bid, submitted by Truck Body Corporation took exception to blade height and light configuration. These exceptions are substantial and cannot be waived as informalities. The third lowest bid, submitted by Cavalier Equipment Corporation took exception to the vertical ribs, blade height and width. The exceptions are also substantial and cannot be waived as informalities. The lowest bid meeting specifications is submitted by Magic City Motor Corporation for a cost of $3.026.95 per assembly. Issues in order of importance are: A. Need B. Compliance with Specifications C. Funding Alternatives in order of feasibility are: City Council authorize the purchase of four (4) new 4-wheel drive pickup trucks with snow plow assemblies from Magic City Motor Corporation for a total cost of $92,511.80. Need for the replacement of necessary equipment will be met by this alternative. Compliance with specifications is met by the bids submitted by Magic City Motor Corporation. Funding is available in Fleet Management account 017-052- 2642-9010 to provide for this purchase. B. Reject all bids. Need to replace necessary operational equipment would not be met by this alternative. Compliance with specifications would not be a factor in this alternative. Funding designated for this purchase would not be expended at this time. 4-Wheel Drive Pickup Trucks with Snow Plow Assemblies Page 3 CC: V. Recommendation Ao Council concur with Alternative "A" to authorize the purchase of four (4) new 4-wheel drive pickup trucks with snow plow assemblies from Magic City Motor Corporation for a total cost of $92.511.80. B. Reject all other Bids. Respectfully Submitted, W. Robert Herbert City Manager City Attorney City Clerk Director of Finance Director, Utilities & Operations Director, Public Works Manager, Fleet Management Manager, Parks and Grounds Management & Budget Manager, Supply Management Bid Tabulation Bids were received, publicly opened and read at 2:00 p.m. on October 14, 1997 For 4-Wheel Drive Vehicles with Snow Plows Item #1 4-new Full Size 314 Ton Heavy Duty Pickup Trucks in accordance with City of Roanoke specifications and delivered F.O.B. Roanoke, VA. Dominion Berglund Magic City Mid-State Truck Cavalier Car Co. Chevrolet, Motor Corp. Equipment Body Equipment Inc. Co., Inc. Corp. Corp. $22,637.00 $20,416.22 * $20,101.00 NIB NIB NIB ea ea ea Item #2 4-new Snow Plow units to be mounted on above trucks in accordance with City of Roanoke specifications and delivered F.O.B. Roanoke, VA. NIB NIB * $3,026.95 $2,525.00 $2,752.57 $2,802.75 ea ea ea ea Delivery 90 Days 45-90 Days 60 Days 30-45 Days 60 Days 45 Days Committee: William F. Clark ~ames A. McClung 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 December 4, 1997 File ~410-184 SANDRA H. EAKIN Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke on Monday, December 1, 1997, Council member Trout requested a briefing on 1997 snow removal procedures. Vice-Mayor Wyatt requested that the City Manager review current City policy regarding City employees reporting to work during or following hazardous weather conditions, particularly when citizens have been urged to stay off the streets. Mary F. Parker, CMCIAAE City Clerk MFP:Io H:~AGENDA.g7~l.WI30 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 December 3, 1997 File #5-60-472-468 SANDRA H. EAKIN Deputy City Clerk Wayne E. Williams, Fleet Sales Magic City Motor Corporation Post Office Box 12807 Roanoke, Virginia 24012 Ken Spangler, Fleet Manager Berglund Chevrolet 1824 Williamson Road, N.W. Roanoke, Virginia 24012 Jesse B. Sellers, Jr., Fleet Manager Berglund-Ford-Pontiac-Mazda 834 East Main Street Salem, Virginia 24153 Gentlemen: I am enclosing copy of Resolution No. 33667-120197, accepting the bids of Berglund- Ford-Pontiac-Mazda, Inc., in the amount of $240,852.00, for 12 new full size police automobiles; Berglund Chevrolet, Inc., in the amount of $141,267.42, for 9 new intermediate class automobiles; and Magic City Motor Corporation, in the amount of $107,262.94 for I new 8 passenger window van, 3 new full 3/4 ton 4-wheel drive pick-up trucks, 1 new full size % ton pick-up truck and 1 new mid-size pick-up truck; 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 on Monday, December 1, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk H:~AGENDA.gT~DECl.WPD Wayne E. Williams Jesse B. Sellers, Jr. Ken Spangler December 3, 1997 Page 2 MFP:Io Enclosure pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works George C. Snead, Jr., Director of Public Safety James A. McClung, Manager, Fleet Management Barry L. Key, Manager, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management H:~AGENDA.~I.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 December 3, 1997 File #5-60-472-468 SANDRA H. EAKIN Deputy City Clerk David M. Smith, Contract Officer Commonwealth of Virginia Department of State Police Post Office Box 27472 Richmond, Virginia 23261-7472 Robert F. Kaplan Dominion Car Company 1259 East Main Street Salem, Virginia 24153 Gentlemen; I am enclosing copy of Resolution No. 33667-120197, accepting the bids of Berglund- Ford-Pontiac-Mazda, Inc., Berglund Chevrolet, Inc., and Magic City Ford Motor Corporation made to the City for furnishing and delivering vehicular equipment; 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 on Monday, December 1, 1997. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed vehicular equipment. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:Io Enclosure H:~AGENDA.~Cl .WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 1997. No. 33667-120197. A RESOLUTION accepting bids made to the City for furnishing and delivering certain vehicular equipment; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The following bids, made to the City, offering to furnish and deliver certain vehicular equipment, meeting all the City's specifications and requirements therefor, for the combined amounts specified, which bids are on file in the Office of Supply Management, are hereby ACCEPTED. Item Description Successful Bidder Amount 12 - New Full Size Berglund-Ford-Pontiac- $240,852.00 Police Automobiles Mazda, Inc. 9 - New Intermediate Berglund Chevrolet, $141,267.42 Class Automobiles Inc. $107,262.94 1 - New 8-Passenger Window Van 3 - New Full 3/4 Ton 4-Wheel Drive Pick- up Trucks 1 - New Full Size 1/2 Ton Pick-up Truck 1 - New Mid-size Pick- up Truck Magic City Motor Corporation 2. The City's Manager of Supply Management is hereby authorized to issue the requisite purchase orders 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. H:~-BID~V. I 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 December 3, 1997 File #5-60-472-468 SANDRA H. EAKIN Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33666-120197, amending and reordaining certain sections of the 1997-98 General and Fleet Management Fund Appropriations, providing for appropriation of $456,965.00 for the purchase of certain vehicular equipment to be used by various City departments. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting on Monday, December 1, 1997. Sincerely, ry . a~ker, CMCiAAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works George C. Snead, Jr., Director of Public Safety James A. McClung, Manager, Fleet Management Barry L. Key, Manager, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management Major James L. Viar, Acting Chief of Police H:~AGENDA.g7~ECl .Wt=D IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of December, 1997. No. 33666-120197. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General and Fleet Management 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 Fleet Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriation Nondepartmental Transfers to Other Funds (1) ............................... Fund Balance Reserved for CMERP - City (2) .............................. Fleet Mana,qement Fund Appropriation Capital Outlay (3) ......................................... Revenue Nonoperating (4) ......................................... $ 57,112,006 552,033 $ 4,159,489 $ 4,340,059 $ 582,033 1 ) Transfer to Fleet Management Fund 2) Reserved for CMERP - City 3) Vehicular Equipment 4) Transfer from General Fund ( 001-004-9310-9506) (001-3323) (017-052-2642-9010) (017-020-1234-0951 ) $ 456,965 (456,965) 456,965 456,965 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia December 1, 1997 RECEIVED CITY C!_='R~-'''~,_ ,~,_~ OFF~-';'! '97 ~IOV 24 P 4:31 97-374 Honorable David A. Bowers, Mayor and Members of City Council Dear Mayor Bowers and Members of Council: SUBJECT: Bids for Vehicular Equipment, Bid No. 97-10-29 Background on the subject in chronological order is: Ao Capital Maintenance and Equipment Replacement Program has identified the need for vehicular equipment in various departments. Specifications were developed and along with Request for Quotations were sent to Nine (9) automobile and small truck dealers. A public advertisement was also published in The Roanoke Times and The Roanoke Tribune. Bids were received until 2:00 p.m. on October 31, 1997 at which time all bids appropriately received were publicly opened and read in the Office of the Manager of Supply Management. Do Conversations were held with Roanoke City Schools and Roanoke Redevelopment and Housing Authority Representatives. No units of the type being bid are needed by either of the above at this time. II. Current Situation is: Ao Four (4) bid responses were received. A bid tabulation is attached to this report. Bo All bids were evaluated in a consistent manner by representatives of the following departments: Public Works Fleet Management Supply Management Co Bids were also compared with units that are available to us through the State Contract Systems. Those contract prices are also shown on the bid tabulation. Vehicular Equipment Bid No. 97-10-29 Page 2 Do Bid evaluations are as follows: Item #1 - 12-New Full Size Police Automobiles. The lowest bid submitted by Berglund-Ford-Pontiac-Mazda, Inc. meets all required specifications for a cost of $20,071.00 per unit. Item #2 - 9-New Intermediate Class Automobiles for Police Services. The lowest bid submitted by Berglund Chevrolet, Inc. meets all required specifications for a cost of $15,696.38 per unit. Item #3 - 1-New 8 Passenger Window Van for Police department. The lowest bid submitted by Berglund-Ford- Pontiac-Mazda, Inc. took exception to the motor size. This exception is substantial and cannot be waived as an informality. The second lowest bid, submitted by Magic City Motor Corporation meets all required specifications for a cost of Item ~ - 3-New 3/4 Ton Full Size 4-Wheel Drive Pick-up Trucks. Two (2) units are for Fire and One (1) for the Water Pollution Control Plant. The lowest bid, submitted by Magic City Motor Corporation meets all required specifications for a cost of ~ per unit. The cost of the unit for Water Pollution Control Plant exceeds the Funds available. This One (1) unit will be reviewed, specifications modified and rebid at a later time. .Item #5 - 1-New Full Size ~ Ton Pick-up Truck for Police- Animal Control. The lowest bid, submitted by Magic City Motor Corporation, meets all required specifications for a cost of $16,197.50. .Item ~ - 1-New Mid-size Pick-Up Truck for the Water Pollution Control Plant. The lowest bid and second lowest bid both took exception to bumper requirements. This exception is substantial and cannot be waived as an informality. The third lowest bid, submitted by Magic City Motor Corporation meets all required specifications for a cost of $13,150.18. Vehicular Equipment Bid No. 97-10-29 Page 3 III. IV. Issues in order of importance are: 1. Need 2. Compliance with Specifications 3. Funding Alternatives in order of feasibility are: City Council authorize the purchase of Vehicular Equipment as follows: 12-New Full Size Police Automobiles from Berglund-Ford- Pontiac-Mazda, Inc. For a total cost of 9-New Intermediate Class Automobiles from Berglund Chevrolet, Inc. for a total cost of 1_$.J_4~,2,.6_~.~. 1-New 8 Passenger Window Van from Magic City Motor Corporation for a total cost of $20,112.70. 2-New 3/4 Ton Pick-up Trucks from Magic City Motor Corporation for a total cost of $38,535.04. o 1-New Full Size N Ton Pick-up Truck from Magic City Motor Corporation for a total cost of $16,197.50. 1-New Mid-Size Pick-up Truck from Magic City Motor Corporation for a total cost of $13,150.18. ao Need for the requested unit is to provide continuous service to citizens of the City of Roanoke. Compliance with Specifications is met by the Organizations identified above. Funding is available in Current Year Capital Maintenance and Equipment Replacement Program for items 1 through 5 and Water Pollution Control Plant '97-'98 operating account for item 6. Vehicular Equipment Bid No. 97-10-29 Page 4 Need for vehicular support to the departments requiring the units would not be accomplished by the alternative. Compliance with Specifications would not be a factor in the alternative. Funding designated for the purchase of above vehicular equipment would not be expended at this time. Recommendation Council concur with Alternative "A" to authorize the purchase of Vehicular Equipment as follows: 12-New Full Size Police Automobiles from Berglund-Ford- Pontiac-Mazda, Inc. for a total cost of ~. 9-New Intermediate Class Automobiles from Berglund Chevrolet, Inc. for a total cost of ~. .1-New 8 Passenger Window Van, 2-New Full 3/4 Ton 4- Wheel Drive Pick-up Truck, 1 New Full Size ~ Ton Pick-up Truck, 1-New Mid-size Pick-up Truck from Magic City Motor Corporation for a total cost of ~ Appropriate $456,965 from General Fund Current Year Capital Maintenance and Equipment Replacement Program (CMERP) to Transfer to Fleet Management Fund Account 001-004-9310-9506. Also increase revenue estimate by $456,965 in Fleet Management Transfer from General Fund Account 017-020-1234-0951 and appropriate $456,965 to Fleet Management Fund Vehicular Equipment Account 017-052-2642-9010. Vehicular Equipment Bid No. 97-10-29 Page 5 CC: C. Reject all other Bids. City Attorney City Clerk Director of Finance Director, Utilities & Operations Director, Public Works Director, Public Safety Manager, Fleet Management Management & Budget Manager, Supply Management Respectfully Submitted, W. Robert Herbert, City Manager Bid Tabulation Bids were received and opened in the Office of Supply Management, 2:00 p.m., October 31, 1997 For Vehicular Equipment Bid No. 97-10-29 Item #1 12-New Full Size Police Automobiles in accordance with specifications and delivered F.O.B. Roanoke, VA Item #2 9-New Intermediate Class Automobiles for Police Services in accordance with specifications and delivered F.O.B. Roanoke, VA Item #3 1-New 8 Passenger Window Van in accordance with specifications and delivered F.O.B. Roanoke, VA Item #4 3-New 3/4 Ton Full Size Pick-up Trucks, 4-Wheel Drive in accordance with specifications and delivered F.O.B. Roanoke, VA Magic City Berglund- Berglund Motor Corp. Ford-Pontiac- Chevrolet, Mazda, Inc. Inc. $20,161.00 * $20,071.00 N/B ea ea * $15,696.38 ea $16,770.79 $16,178.00 Alt. Bid ea ea $16,027.17 * $20,112.70 $19,653.00 $20,761.32 Dominion Car Company NIB $16,620.35 ea $21,389.00 State Contract $20,894.95 ea $18,316.00 ea N/B * $19,267.52 $20,125.00 $20,069.07 $21,922.15 $20,608.00 ea ea ea ea ea Bid Tabulation Bids were received and opened in the Office of Supply Management, 2:00 p.m., October 31, 1997 For Vehicular Equipment Bid No. 97-10-29 Item #5 1-New Full Size % Ton Pick-up Truck in accordance with specifications and delivered for Roanoke, VA Magic City Berglund- Berlgund Dominion State Motor Corp. Ford-Pontiac- Chevrolet, Car Company Contract Mazda, Inc. Inc. * $16,197.50 $16,205.00 $16,883.31 $17,025.20 $17,807.00 Item #6 1-New Mid-size Pick-up Truck in accordance with specifications and delivered F.O.B. Roanoke, VA * $13,150.18 $12,903.00 $13,117.92 $13,848.75 $13,350.00 Delivery 60-90 Days 60-120 Days 60-120 Days 75-120 Days 90 Days Committee: William F. Clark James A. McClung ~' * Indicates Recommendation D. Darwin Roupe MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk December 3, 1997 File ~60-236-246 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33668-120197, amending and reordaining certain sections of the 1997-98 Consortium Fund Appropriations, to provide additional grant funds in the amount of $187,990.00 for the Fifth District Employment and Training Consortium. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting on Monday, December 1,1997. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager Glenn D. Radcliff, Director, Human Development Vickie L. Price, Administrator, Fifth District Employment and Training Consortium H:~,QENDA. g7~DECl.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of December, 1997. No. 33668-120197. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Consortium 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 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~3~3ropriations Fifth District Employment and Training Consortium FY97-98 Title II - A (1-25) ........................................... Title II - C (26-27) .......................................... Other Jurisdictional Contributions (28-33) ....................... Title III (34-35) ............................................ Title III -40% (36-37) ....................................... Revenue Fifth District Employment and Training Consortium FY97-98 Title II - A (38) ............................................ Title II - C (39) ............................................ Other Jurisdictional Contributions (40) ......................... Title III (41) ............................................... Title III- 40% (42) ......................................... $ 4,152,385 428,485 53,439 10,395 274,173 350,900 $ 4,152,385 428,485 53,439 10,395 274,173 350,900 1) Administrative Wages (034-054-9861-8350) 2) Administrative Fringes (034-054-9861-8351) 3) Administrative Travel (034-054-9861-8352) 7,500 1,750 1,000 4) Administrative Communications 5) Administrative Supplies 6) Administrative Insurance 7) Administrative Equipment 8) Administrative Miscellaneous 9) Training Wages 10) Training Fringes 11) Training Travel 12) Training Communications 13) Training Supplies 14) Training Equipment 15) Training Miscellaneous 16) FDETC I/R 17) FDETC OJT 18) Services Wages 19) Services Fringes 20) Services Travel 21) Services Communications 22) Services Supplies 23) Services Insurance 24) Services Miscellaneous 25) Supportive Services 26) FDETC I/R 27) Supportive Services 28) Administrative Wages 29) Administrative Fringes 30) Administrative Communications 31) Administrative Supplies 32) Administrative Insurance 33) Administrative Miscellaneous 34) Training/FDETC I/R 35) Supportive Services 36) Supportive Services 37) Training/FDETC I/R (034-054-9861-8353) (034-054-9861-8355) (034-054-9861-8356) (034-054-9861-8359) (034-054-9861-8360) ( 034-054-9861-8050) (034-054-9861-8051 ) ( 034-054-9861-8052) (034-054-9861-8053) (034-054-9861-8055) (034-054-9861-8059) (034-054-9861-8060) (034-054-9861-8500) (034-054-9861-8501) (034-054-9861-8030) (034-054-9861-8031 ) (034-054-9861-8032) (034-054-9861-8033) (034-054-9861-8035) (034-054-9861-8036) (034-054-9861-8040) (034-054-9861-8461 ) (034-054-9863-8500) (034-054-9863-8461) (034-054-9880-8350) (034-054-9880-8351) (034-054-9880-8353) (034-054-9880-8355) (034-054-9880-8356) (034-054-9880-8360) (034-054-9881-8500) (034-054-9881-8461) (034-054-9882-8461) (034-054-9882-8500) $ 500 1,500 5OO 4,000 2,000 3,500 875 250 250 250 5,000 1,000 37,374 5,000 4,000 1,000 25O 25O 25O 25O 500 15,000 772 5,000 805 215 100 1,000 5,000 3,275 19,000 8,174 39,000 11,900 38) Title II A Revenue 39) Title II C Revenue 40) Other Jurisdictional Contributions 41) Title III Revenue 42) Title III - 40% Revenue (034-034-1234-9861 ) (034-034-1234-9863) (034-034-1234-9880) (034-034-1234-9881) (034-034-1234-9882) $ 93,749 5,772 10,395 27,174 50,900 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. '97 tlgV 25 ,~10:58 December 1, 1997 # 97-712 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Funding for the Fifth District Employment and Training Consortium BACKGROUND Ao The Fifth District Employment and Traininq Consortium (FDETC) administers the federally funded Job Training Partnership Act (JTPA) for the Fifth Planning District. The FDETC serves eliqible residents in the counties of Alleghany, Botetourt, Craig and Roanoke as well as the cities of Clifton Forge, Covington, Roanoke and Salem. C. This agency serves two primary client populations: m o dislocated workers who have been laid off from employment through no fault of their own (under Title III), and the economically disadvantaged as determined by income guidelines set by the U.S. Dept. of Labor (under Title II-A, II-C and the Summer Youth Employment Program). The City of Roanoke is the grant recipient for FDETC funding. City Council must appropriate the funding for all grants and other monies the FDETC receives. Honorable Mayor and Members of City Council Page 2 December 1, 1997 II. CURRENT SITUATION Governor's Employment and Training Department (GETD) has sent to the Consortium Notices of Award for carry-over funds for programs which include on-the-job training, work experience, job related education, classroom training, job placement activities, and remedial education in the following amounts: Title II-A (Adults-Ages 22 and over) - $93,749 (Notice of Award - 97-03-06) Title II-C (Youth-Ages 16 through 21) - $5,772 (Notice of Award - 97-03-07) o Title III-F (Dislocated Workers) - $27,174 (Notice of Award - E-03) Jurisdictions in the Fifth Planning District, which include the cities of Salem, Clifton Forge and Covington, as well as the Counties of Roanoke, Alleghany, Botetourt, and Craig, were requested by the FDETC to contribute funds to offset the agency's administrative costs. To date, allocations totaling $10,395, have been confirmed from the participating jurisdictions. (Botetourt County - $1,630; Roanoke County - $3,500; City of Salem - $5,015; Craig County - $250.) C o Virginia Employment Commission has notified the Consortium of the approval of an additional allocation for $50,900 to operate a Governor's Regional Project for FY 97. These funds will be used to serve dislocated workers. Honorable Mayor and Members of City Council Page 3 December 1, 1997 III. ISSUES A. Program Operations B. Funding C. Timinq IV. ALTERNATIVES Appropriate the FDETC's additional funding totaling $187,990 and increase the revenue estimate by $187,990, in accounts to be established by the Director of Finance. m o Program Operations - Existing activities will continue and planned programs will be implemented. o Funding - Funds are available from the Grantor agency and other sources as indicated at no additional cost to the City. o Timing - Immediate action will allow programs to be implemented and completed within planned time frames, July 1, 1997 through June 30, 1998. Do not appropriate the FDETC's funding totaling $187,990. Program Operations - Planned programs to serve participants would be delayed or never initiated. 3 o Funding - Funds currently available to operate these programs may be rescinded and redistributed to other localities. Timing - Delay will cause late or failed start- up of programs and possible under expenditure of available funds. Honorable Mayor and Members of City Council Page 4 December 1, 1997 Vo RECOMMENDATION Approve Alternative A: Appropriate the FDETC's funding totaling $187,990, and increase the revenue estimate by $187,990, in accounts to be established in the Consortium fund by the Director of Finance. Respectively submitted, W. Robert Herbert City Manager WRH/VLP:wc CC: Director of Finance City Attorney Director of Human Development FDETC Executive Director Department of Finance City of Roanoke, Virginia December 1, 1997 RECE!¥£D · 97 NOV 25 0,10:32 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance October Financial Report This financial report covers the first four months of the 1997-98 fiscal year. The following narrative discusses revenues and expenditures to date. REVENUE General Fund revenues reflect an increase of 2.56% or $1,079,000 compared to FY97. Variances in specific categories of revenues are as follows: General Property Taxes have increased .27% or $57,000. The first installment of real estate taxes was due on October 5. 50.4% or $20,100,000 of the budgeted amount of current year real estate tax revenue has been received. For the year, real estate tax revenues are projected to increase 2.65%. Other Local Taxes rose a modest 1.83% or $186,000 resulting from increases in Sales Tax revenue and Electric Service Utility Tax revenue. This increase is partially offset by a decrease in Cable Television Franchise Tax revenue, caused by the receipt of the quarterly payment from Cox Cable in November of the current year versus October of the prior year. Permits, Fees and Licenses have decreased $23,000 or 8.54% due to a decline in street opening permits. Bingo audits are no longer being performed, also causing a decline in this category. Revenue from Use of Money and Property is up $100,000 or 28.07% due to growth in interest revenue resulting from higher average daily cash balances in the General Fund. Grants-in-Aid Commonwealth have increased $705,000 or 8.56%. Foster Care Reimbursements and Virginia Juvenile Community Crime Control Act revenues have increased. Jail Block Grant revenue is also up due to an increased number of inmate days reimbursed by the Commonwealth. Rental Car Tax revenue, which is received from the Commonwealth on a quarterly basis, has increased due to a timing difference. The quarterly payment was received in October of FY98 but was not received until November in FY97. Charges for Services are up $81,500 or 9.09% due to increased billings for weed cutting and demolitions. Miscellaneous Revenue has decreased $100,000 or 75.43%. Last year, a surplus sale was held in July, whereas this year a sale was held on November 1. Internal Services have increased $88,000 or 25.32% due to increased billings by Custodial Services and Engineering. Fire Safety billings have increased due to timing differences; the October billing was not made until November in FY97. Honorable Mayor and Members Roanoke City Council December 1, 1997 Page 2 EXPENDITURES AND ENCUMBRANCES Expenditures and encumbrances in the General Fund have increased 3.34% or $1,964,000 since FY97. Variances in individual expenditure categories are discussed as follows: Judicial Administration expenditures rose 15.15% or $201,000. The Clerk of Circuit Court has purchased various office equipment and incurred binding expenses. The Sheriff and Commonwealth Attorney's Department expenditures are up due to an increase in personal services costs. Other department expenditures remain consistent with prior year's amounts. Public Safety expenditures increased $923,000 or 7.39%. Personal service costs in the labor intensive Fire department are up. The Juvenile Detention Home expenditures rose due to equipment purchases and a decrease in reimbursements received from other localities. Personal service costs and equipment expenditures increased in the Jail. The Jail increases are partially offset by an increase in reimbursements received. Public Works expenditures are up $1,508,000 or 16.09% largely due to the purchase of approximately 36,000 automated refuse containers by the Solid Waste Management department. A slight decrease in bridge inspection expenditures within the Engineering Department is offset by an increase in Paving Program expenditures. Transfer to Debt Service decreased $750,000 or 11.07%. The Series A-7 Jail Facility Bonds and Series A-8 Public School Improvement Bonds matured in August 1996. Therefore, transfers to Debt Service were not required for these issues in the current year, causing the category to decline. Nondepartmental expenditures declined $752,000 or 20.00% due to a decrease in the transfers to the Capital Projects and the Nursing Home Funds which is partially offset by an increase in the transfer to the Grant Fund. The nondepartmental category is comprised mostly of transfers to other funds and miscellaneous, nonrecurring expenditures. I would be pleased to answer any questions which City Council may have regarding the monthly financial statements. JDG/TLH/pac Attachments Director of Finance CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE OCTOBER 31, 1997 Balance July 1,1997 Ordinance Number De_.artment CMT004 Recreation 33556 CMT006 CMT008 CMT014 Transfer to Grant Fund Virginia Cooperative Extension Se~ce Recrea~on City Clerk Balance October 31, 1997 Purpose Music for Americans and Blues and Jazz Festival Local Funding of Office on Youth Local Share of Funding Boxing Program Supplies Advertising for Public Hearing on Modified Election District System $367,576 (5,000) (4,642) (1,657) (2,213) (6,700) $347,364 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July I - Oct 31 July I - Oct 31 Percentage Revenue Estimate Revenue Source 1996-97 1997-98 of Change Estimates Received General Property Taxes $21,390,736 $21,447,547 0.27 % $65,820,500 32.58% Other Local Taxes 10,165,827 10,351,688 1.83 % 50,179,922 20.63% Permits, Fees and Licenses 267,297 244,457 (8.54)% 590,977 41.36% Fines and Forfeitures 360,911 346,063 (4.11) % 925,000 37.41% Revenue from Use of Money and Property 356,117 456,077 28.07 % 1,061,776 42.95% Grants-in-Aid Commonwealth 8,235,377 8,940,420 8.56 % 38,088,771 23.47% Grants-in-Aid Federal Government 17,498 16,984 (2.94) % 33,970 .50.00% Charges for Services 896,8,93 978,450 9.09 % 3,287,020 29.77% Miscellaneous Revenue 132,838 32,633 (75.43) % 302,200 10.80% Internal Services 346,971 434,825 25.32 % 1,912,000 22.74% Total $42,170,465 $43,246,144 2.56 % $162~202,136 26.66% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period July I - Oct 31 July I - Oct 31 Percentage Unencumbered Expend itures 1996-97 1997-98 of Change Balance General Government $3,466,192 $3,591,896 3.63 % Judicial Administration 1,325,305 1,526,088 15.15 % Public Safety 12,491,467 13,413,981 7.39 % Public Works 9,375,119 10,883,208 16.09 % Health and Welfare 6,123,024 6,087,836 (0.57) % Parks, Recreation and Cultural 1,537,064 1,588,638 3.36 % Community Development 940,751 973,845 3.52 % Transfer to Deb[ Service Fund 6,776,714 6,026,233 (11.07)% Transfer to School Fund 12,975,833 13,636,411 5.09 % Nondepartmental 3,761,921 3,009,637 (20.00)% Total $58,773,390 $60,737,773 3.34 % $104,971,220 Current Fiscal Year Percent of Revised Budget Appropriations Obligated $7,244,432 $10,836,328 33.15% 2,875,902 4,401,990 34.67% 25,570,514 38,984,4,95 34.41% 14,184,775 25,067,963 43.41% 16,983,083 23,070,919 26.39% 2,613,023 4,201,661 37.81% 1,766,731 2,740,576 35.53% 3,484,567 9,510,800 63.36% 27,004,086 40,640,4,97 33.55% 3,244,107 6,253,744 48.13% $165,708,993 36.65% CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total Year to Date for the Period July 1-oct 31 July 1-oct 31 Percentage 1996-97 1997-98 of Change $2,029,507 $1,967,934 (3.03) % 9,875,274 10,285,622 4.16 % 51,407 398,562 675.31% 452,100 593,341 31.24 % 12,975,833 13,636,411 5.09 % 3,207,594 3,675,162 14.58 % $28,591,715 $30,557,032 6.87 % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $7,740,411 25.42% 32,826,175 31.33% 2,473,172 16.12% 2,994,806 19.81% 40,640,497 33.55% 4,019,577 N/A $90,694,638 33.69% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year July 1-Oct 31 July 1-Oct 31 Percentage Unencumbered Revised Expenditu res 1996-97 1997-98 of Change Balance Appropriations Instruction $15,633,806 $16,004,203 2.37 % General Support 885,313 1,006,132 13.65 % Transportation 693,389 732,640 5.66 % Operation and Maintenance of Plant 3,137,731 3,071,626 (2.11) % Food Services 869,068 1,096,668 26.19 % Facilities 1,622,297 1,848,674 13.95 % Other Uses of Funds 2,849,605 3,142,080 10.26 % Special Purpose Grants 3,757,086 4,019,577 6.99 % Total $29,448,295 $30,921,600 5.00 % $48,229,123 2,201,993 2,240,503 6,479,118 2,717,485 13,773 538,660 $62,420,655 $64,233,326 3,208,125 2,973,143 9,550,744 3,814,153 1,862,447 3,680,740 4,019,577 $93,342,255 Percent of Budget Obligated 24.92% 31.36% 24.64% 32.16% 28.75% 99.26% 85.37% N/A 33.13% CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF OCTOBER 31, 1997 Expenditures Unexpended Outstanding Unencumbered Budget To Data Balance Encumbrances Balance General Government $13,118,226 $7,839,934 $5,278,292 $992,342 Public Safety 158,000 950 157,050 - Education 22,406,584 18,153,216 4,253,368 2,441,493 Community Development 1,041,000 82,269 958,731 958,731 Recreation 661,775 109,992 551,783 130,414 Streets and Bridges 21,471,555 12,270,204 9,201,351 978,936 Sanitation Projects 1,083,427 269,757 813,670 6,409 Traffic Engineering & Communications 1,935,300 1,472,811 462,489 85,022 Other Infrastructure Projects 8,211,651 3,305,697 4,904,954 126,638 Capital Improvement Reserve 10,682,582 10,682,582 $4,285,950 157,050 1,811,875 421,369 8,222,415 807,261 377,467 4,778,316 10,682,582 Total $80,770,100 $43,505,830 $37,264,270 $5,719,985 $31,544,285 4 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 1997 Operating Revenue Commercial Sales Domestic Sales Industrial Sales Town of Vinton County of Roanoke City of Salem Customer Services Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenue (Expenses) Interest on Investments Rent Miscellaneous Revenue Interest Expense Total Nonoperating Revenue (Expenses) Net Income 1997 $1,069,942 1,010,736 77,884 8,192 503,878 254,740 2,925,372 493,019 920,365 468,272 1,881,656 1,043,716 102,881 6,670 18,727 (487,084) (358,806) $684,910 1996 $1,103,045 979,130 79,548 7,841 682,064 1,766 211,505 3,064,899 494,734 1,079,521 312,923 1,887,178 1,177,721 83,451 845 13,747 (527,620) (429,577) $748,144 5 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 1997 Operating Revenue Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenue Interest on Investments Miscellaneous Revenue Total Nonoperating Revenue Net Income 1997 $2,490,720 284,233 72,353 183,772 32,985 74,054 20,795 3,158,912 595,568 1,236,811 323,262 2,155,641 1,003,271 174,213 8,914 183,127 $1,186,398 1996 $2,518,273 334,979 91,785 360,545 40,077 50,801 30,684 3,427,144 572,742 1,656,954 311,822 2,541,518 885,626 133,488 6,451 139,939 $1,025~565 6 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 1997 Operating Revenue Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Novelty Fees Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenue Transfer from General Fund Interest on Investments Miscellaneous Total Nonoperating Revenue Net Income 1997 $88,127 25,618 28,127 4,585 31,270 19,791 12,539 210,057 335,591 328,730 135,940 800,261 (590,204) 915,162 11,313 2,859 929,334 $339,130 1996 $69,458 16,054 20,960 675 12,002 32,930 152,079 352,310 364,107 127,720 844,137 (692,058) 879,771 8,443 2,217 890,431 $198,373 7 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 1997 Operating Revenue Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenue Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenue (Expenses) Transfer from General Fund Operating Subsidy for GRTC Interest on Investments Interest Expense Miscellaneous Total Nonoperating Revenue (Expenses) Net Income 1997 $83,276 136,022 56,724 126,071 90,121 32,435 524,649 209,913 181,835 391,748 132,901 1,047,773 (6,351) (116,211) 1,218 926,429 $1,059,330_ 1996 $106,809 130,440 53,821 142,745 78,777 38,816 551,408 230,148 173,505 403,653 147,755 1,001,133 (300,000) (4,179) (243,695) 5,785 459,044 $606,799 CITY OF ROANOKE, VIRGINIA NURSING HOME FUND COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 1997 Operating Revenue Private Patient Fees Medicaid Patient Fees Medicaid Reimbursements Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenue Transfer from General Fund Interest on Investments Total Nonoperating Revenue Net Income (Loss) 1997 26,201 150,036 176,237 227,319 55,064 5,263 287,646 (111,409) 8,894 8,894 ($102,SlS) 1996 $3,296 98,590 303,820 405,706 445,269 138,928 7,876 592,073 (186,367) 545,022 9,975 554,997 $368,63O 9 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 1997 Operating Revenue Commission Conference Center Total Operating Revenue Operating Expenses Commission Conference Center Depreciation Expense Total Operating Expenses Operating Income (Loss) Nonoperating Revenue (Expenses) Proceeds from Brick Sales Interest on Investments Conference Center Total Nonoperating Revenue (Expenses) Net Income (Loss) Notes to Financial Statement: {1) (2) 1997 1996 CONFERENCE COMMISSION (1) CENTER (2) TOTAL $ - $ - $ - $ - 1,059,132 1,059,132 832,000 1,059,132 1,059,132 832,000 16,622 - 16,622 27,395 - 848,141 848,141 620,285 154,996 21,171 176,167 164,600 171,618 869,312 1,040,930 812,280 (171,618) 189,820 18,202 19,720 422 422 150 5,766 5,766 1,108 (4,336) (4,336) 4,480 6,188 (4,336) 1,852 5,738 ($165,430) $185,484 $20,054 $25,458 The column entitled "Commission" represents Commission activity in the City's financial records. The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree Management. 10 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 1997 Operating Revenue Charges for Services Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income (Loss) N onoperating Revenue TOTALS O~y Information Materisle Management Utility Line Fleet Risk Systems Oontrol Servioes Services Management Management 1997 t996 $892,469 $57,622 $61,711 $1,027,583 $1,161,552 $2,137,701 $5,338,638 $5,102,904 892,469 67,622 6t,7tt 1,027,683 1,t6t,662 2,137,701 6,338,638 6,102,804 503,636 36,280 8,826 765,688 392,596 58,458 1,765,484 1,787,750 154,193 18,460 22,114 146,350 277,880 2,142,008 2,761,005 2,595,248 225,309 616 13,127 59,649 492,829 791,530 543,248 888,138 66,366 44,067 871,687 t,t63,306 2,200,466 6,318,0t9 4,926,246 9,331 2,266 t 7,644 66,896 (t ,763) (62,766) 20,619 176,668 interest Revenue 37,080 (1,352) 4,103 26,354 26,664 166,641 259,490 233,623 Gain on Sale of Trigon Common Stock - 276,713 276,713 Transfer from General Fund 95,068 95,068 244,945 Total Nonoperating Revenue 37,080 (1,362) 4,103 29,364 t21,732 443,364 63t,271 478,668 Net Income $46,4t I $914 $2t ,747 $82,260 $t t 9,979 $380,689 $66t ,890 $866,226 11 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED OCTOBER 31, 1997 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED OCTOBER 31, 1997. GENERAL $12,919,241.16 $17,847,817.11 $15,094,325.63 WATER 5,461,512.39 500,264.32 112,242.05 SEWAGE 22,264,642.40 2,186,915.42 2,102,484.19 CIVIC CENTER 465,529.56 850,709.58 122,365.95 TRANSPORTATION (443,000.53) 1,173,846.88 119,024.61 CAPITAL PROJECTS 30,526,787.86 839,345.10 813,563.46 NURSING HOME 385,856.72 17.82 9,871.06 CONFERENCE CENTER 318,635.44 147.00 2,426.70 DEBT SERVICE 3,223,844.00 0.00 0.00 CITY INFORMATION SYSTEMS 2,181,580.23 109,609.63 136,108.27 MATERIALS CONTROL (38,419.00) 93,864.14 108,887.23 MANAGEMENT SERVICES 235,257.09 13,910.32 2,304.23 UTILITY LINES SERV 1,835,255.24 83,633.55 127,517.56 FLEET MANAGEMENT 1,644,851.89 511,719.69 305,050.18 PAYROLL (8,644,101.16) 12,372,346.33 16,038,257.32 RISK MANAGEMENT 8,917,039.04 1,788,981.75 393,403.32 PENSION 160,431.57 1,483,570.79 788,974.41 SCHOOL FUND 12,639,837.08 8,557,037.50 8,892,606.11 FDETC 148,904.95 33,550.96 249,171.66 GRANT _. 881,155.36 140,142.97 503,710.19 TOTAL $_95,084,841.29 $48,587,430.86 $45 $6,362,797.23 5,741,044.46 22,463,227.10 777,647.35 182,867.27 34,238,720.59 1,091,075.08 46,284.58 8,891,893.93 2,123,379.95 (111,748.96)~ 210,351.01 1,432,583.59 1,170,848.24 (13,348,628.31 10,364,256.37 267,350.19 12,399,429.48 32,595.89 ~79~715.22. $94~615~690~261 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED OCTOBER 31, 1997. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERCIAL PAPER OVERNIGHT INVESTMENT REPURCHASE AGREEMENTS U. S. TREASURY NOTES VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL DATE: NOVEMBER 11, 1997 DAVID C. ANDERSON, TREASURER 12 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 4 MONTHS ENDING OCTOBER 31, 1997 Revenue Contributions Investment Income Gain on Sale of Investments Bond Discount Amortization Total Revenue 1997 $1,625,523 1,413,359 2,070,654 15,450 $5,124,986 1996 $1,993,470 1,593,948 1,975,335 16,921 $5,579,674 Expenses Pension Payments Death Benefit Fees for Professional Services Bond Premium Amortization Administrative Expense Total Expenses Net Income $2,956,672 21,621 38,710 107,329 11,782 3,136,114 $1,988~872 $2,708,244 0 71,320 103,830 10,913 2,894,307 _ $2~685~367 13 CITY OF ROANOKE PENSION PLAN BALANCE SHEET OCTOBER 31, 1997 Assets Cash Investments: market value: Due from Other Funds Other Assets Total Assets (1997 $ 263,979,328) 1996 $ 220,585,694) 1997 $854,377 212,372,255 0 18,000 $213,244,632 1996 $208,653 176,352,986 1,728 18,000 $176,581,367 Liabilities and Fund Balance Liabilities: Due to Other Funds Total Liabilities Fund Balance: Fund Balance, July 1 Net Income - Year to Date Total Fund Balance Total Liabilities and Fund Balance $751,903 751,903 210,503,857 1,988,872 212,492,729 $213,244,632 $683,039 683,039 173,212,961 2,685,367 175,898,328 $176,581,367 14 Janx -, D. Grisso Secretary-Treasurer RECEI;¢EO OF ROANOKE Joyce L. Sparks Retirement Administrator '97 NOV 26 P2:24 LAN December 1, 1997 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: We are very pleased to present our audited fiscal year 1997 Comprehensive Annual Financial Report for the City of Roanoke Pension Plan. This document has an unqualified (the best) opinion from our external certified public accountants. The sound financial condition of our Pension Plan is attributable to City Council continuing to approve the recommended contribution rate each year and the investment performance over the past three years. A special thank you goes to Ms. Joyce L. Sparks, Retirement Administrator, Ms. Jean L. Brown, Accountant and Ms. Patti Saunders, Finance Administrative Secretary for their professional and dedicated work in the preparation of this Annual Financial Report. I would be pleased to answer any specific questions you may have regarding the Pension Plan Annual Financial Report. Sincerely, Director of Finance JDG/bs Enclosures 215 Church Avenue, Room 461, P.O. Box 1220 · Roanoke, Virginia 24006 ° (540) 853-2062 ° Fax: (540) 853-2940 Honorable Mayor and Members of City Council December 1, 1997 Page 2 C: F. Wiley Hubbell, Chairman, Board of Trustees Robert E. Tonkinson, Jr., Vice Chairman, Board of Trustees Earnest C. Wilson, Member, Board of Trustees E. Douglas Chittum, Member, Board of Trustees Martha P. Franklin, Member, Board of Trustees David T. Altman, Member, Board of Trustees W. Robert Herbert, City Manager James D. Ritchie, Assistant City Manager Wilbum C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk Will Claytor, Director, Real Estate Valuation Robert H. Bird, Municipal Auditor Arthur B. Crash, III, Clerk of Circuit Court David C. Anderson, City Treasurer W. Alvin Hudson, Sheriff Donald S. Caldwell, Commonwealth's Attorney Marsha C. Fielder, Commissioner of the Revenue William F. Clark, Director of Public Works George C. Snead, Jr., Director of Public Safety Kit B. Kiser, Director of Utilities and Operations Glenn Radcliffe, Director of Human Development Wayne Harris, Superintendent of Schools Richard Kelley, Assistant Superintendent of Schools Jacqueline Shuck, Executive Director, Roanoke Regional Airport John Hubbard, CEO, Roanoke Valley Resource Authority 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-I145 December 4, 1997 File ~67-327-230 SANDRA H. EAKIN Deputy City Clerk Carl H. Kopitzke, Chair Mill Mountain Advisory Committee 4581 Oakland Blvd., N. W. Roanoke, Virginia 24012 Dear Mr. Kopitzke: A report of the Mill Mountain Advisory Committee with regard to improvements to Mill Mountain Park was before the Council of the City of Roanoke at a regular meeting on Monday, December 1, 1997. On motion, duly seconded, and adopted, Council concurred in the recommendation of the Mill Mountain Advisory Committee under date of December 1, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: The Honorable James O. Trout, Mill Mountain Advisory Committee, 2102 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Mr. Ralph K. Smith, Mill Mountain Advisory Committee, 1801 Prospect Road, S. E., Roanoke, Virginia 24014 Mr. Barry L. Thomas, Mill Mountain Advisory Committee, 1601 Ivy Street, S. E., Roanoke, Virginia 24014 Mr. G. Scott Shackelford, Mill Mountain Advisory Committee, 2919 Wycliffe Avenue, S. W., Roanoke 24014 H:~AGENDA.~7~:)ECl .WPD Carl H. Kopitzke December 4, 1997 Page 2 pc~ Ms. Mary Elizabeth Kepley, Mill Mountain Advisory Committee, 2909 Morrison Street, S. E., Roanoke, Virginia 24014 Mr. Jordan B. Peck, III, Mill Mountain Advisory Committee, 2419 Avenham Avenue, S. W., Roanoke, Virginia 24014 Ms. Betty Field, Mill Mountain Advisory Committee, 2802 South Jefferson Street, Roanoke, Virginia 24014 Mr. Eddie Wallace, Jr., Mill Mountain Advisory Committee, 3815 Sioux Ridge Road, N. W., Roanoke, Virginia 24017 Robert F. Roth, President, Roanoke Sister Cities, 100 November Lane, Wertz, Virginia 24184 Brook E. Dickson, Chair, Roanoke Arts Commission, 523 Highland Avenue, S. W., Roanoke, Virginia 24016 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works John W. Coates, Manager, Parks and Recreation Lynnis B. Vernon, Parks Planner Barry L. Key, Manager, Office of Management and Budget H:~AGENDA.~CI,WPO ROANOKE CITY. a 25 ?2;aa MILL MOUNTAIN ADVISORY COMMITTEE December 1, 1997 The Honorable David A. Bowers, Mayor and Members o..f Roanoke City Council Roanoke, Virginia Subject: Improvements to Mill Mountain Park Dear Members of'Council: I am pleased to report to you that the Mill Mountain Advisory Committee is submitting a recommendation for Roanoke City Council to consider regarding the future improvements for Mill Mountain Park. The dedication and genuine concern exhibited by the members of this committee over the past several months leading up to this decision has been commendable. The Mayor's "Summit on the Summit" held on September 12, 1996, was the event that put in motion a process that resulted in the preparation of the proposed improvement plan for Mill Mountain Park. Certainly the committee's visioning retreat on January 18, 1997, was another critical step along the way. However, the public meeting held on October 21, 1997, which filled the Roanoke City Council Chamber with enthusiastic supporters of the plan was the most important endorsement of the proposed improvements. The key components of the Conceptual Plan for Mill Mountain Park include the complete renovation of the existing visitor restroom structure into an attractive Welcome Center; the construction of a picnic shelter; the placement of a playground; the designation of an area for a concert lawn; and the installation of the Sister Cities Sculpture Garden. The input of many citizens and organizations were utilized in preparing the content of the plan, and the City staff directed Hill Studio, Inc., as to the desired arrangment of the key components. After due consideration by the Mill Mountain Advisory Committee, the eight (8) members present on Thursday, November 20, 1997, voted unanimously in the affirmative to forward the following recommendation to Roanoke City Council for appropriate course of action. The committee has approved the entire Mill Mountain Park Conceptual Plan, as prepared by Hill Studio, Inc., with the following two (2) modifications. C:\OFFICE\WPWII~WPDOCS\MILLMTb~IMPROVE.WPD The Honorable David A. Bowers, Mayor and Members of Roanoke City Council December 1, 1997 Page 2 First, that the proposed Sister Cities Sculpture Garden be located as originally planned, that site being adjacent to the present walkway to the Mill Mountain Zoo in the vicinity of the four (4) existing Sister Cities trees. This area being the same as illustrated in the "Call for Artists" Brochure for the Mill Mountain Sculpture Project. Second, that the site for the proposed Concert Lawn be designated in the present picnic area which is located between the lower parking lot and the new overlook. This revision is offered due to concerns that have been expressed about the proposed Concert Lawn site, such as slope, accessibility and protection of existing trees. The existing picnic area appears to have the unanimous support of the Mill Mountain Advisory Committee, and this area seems to have the right ingredients and environment for a successful Concert Lawn. The committee understands clearly that there are many other issues and tasks on the horizon related to Mill Mountain Park. I am confident that we stand ready to deal with those matters as effectively as possible in order for Mill Mountain to remain Roanoke's greatest natural resource. Re spect.~s.~/~e~~_~ Mill Mountain Advisory Committee CHK/LBV/sm pc~ W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk William F. Clark, Director, Public Works John W. Coates, Manager, Parks and Recreation Lynnis B. Vernon, Parks Planner Barry L. Key, Manager, Management and Budget Members of the Mill Mountain Advisory Committee C :\OFFI CE\WPWIBEWPDOCSLMiLLMTI~ IMPROVE.WPD MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 December 5, 1997 SANDRA H. EAKIN Deputy City Clerk Mr. Edward A. Naif Osterhoudt, Ferguson, Naif, Aheron and Agee 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Naif: I am enclosing copy of Ordinance No. 3,36,58-120197, rezoning 32.68 acres, more or less, identified as Official Tax Nos. 6440117-6~.~.0119, inclusive, from RM-2, Residential Multi- family, Medium Density District, RS-3, Residential Single-family District, and C-2, General Commercial District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. The abovereferenced measure was adopted by the Council of the City of Roanoke on its first reading on Monday November 17, 1997, adopted on its second reading on Monday, December 1, 1997, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Enclosure pc: Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Street, S. W., Roanoke, Virginia 24014 H:~AGENDA.OT~DEC1 .WPO Edward A. Natt December 5, 1997 Page 2 pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Nancy J. Brown, Appraiser Aide, Real Estate Valuation Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission H:~AGENDA.~/~-'CI.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 1997. No. 33658-120197. 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. WHEREAS, Home Depot U.S.A., Inc., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multifamily, Medium Density District, RS-3, Residential Single Family District, and C-2, General Commercial District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on November 17, 1997, after due and timely notice thereof as required by ~36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation ~ade to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 644 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain 32.68-acre tract of land, designated on Sheet No. 644 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 6440117, 6440118 and 6440119, be, and is hereby rezoned from RM-2, Residential Multifamily, Medium Density District, RS-3, Residential Single Family District, and C-2, General Commercial District, to C-2, General Commercial District, subject to the proffers contained in the Third Amended Petition filed in the Office of the City Clerk on ~ovember 13, 1997, subject to any changes required by the City during site plan review, and that Sheet No. 644 of the Zone Map be changed in this respect. ATTEST: City Clerk. H:\OP.D- P, EZ~O-H OM D E P. IA VIRGINIA, CHARTERED ~82~E RECEtYED CITY CLERKS '97 NOV 13 P3:31 Roanoke City Planning Commission November 17, 1997 The Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Home Depot U.S.A., Inc., represented by Edward A. Natt, attorney, that properties designated as Official Tax Nos. 6440117, 6440118 and 6440119, and bounded by Cove Road, N.W., on the south, Hershberger Road, N.W., on the east, and Ferncliff Avenue, N.W., on the north; and containing 32.68 acres, more or less, be rezoned from RM-2, Residential Multifamily, Medium Density District, RS-3, Residential Single Family District, and C-2, General Commercial District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: Purpose of the rezoning request 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 identified as "Retail A" and a 24,000 square foot retain facility identified as "Retail B.' The proffered site plan also shows a 0.98 acre out parcel and a 4.73 acre tract of land identified as "Future Development." Bo Petition to rezone was filed on July 3, 1997. Conditions were proffered that addressed the development of the property. Since that time, amended conditions have been filed (see item F below). Co First Planning Commission public hearing was held on October 1, 1997. Mr. Ed Natt discussed the rezoning request and advised that the petitioners and the planning staff were continuing to work on various issues, including traffic and storm water management. A traffic study had been prepared and the City Traffic Engineer was evaluating it. He explained that he had met with representatives of Roanoke City Schools and held a neighborhood meeting to discuss the proposal. He presented several drat~ conditions for the rezoning that they proposed to file. He requested that the matter be deferred until the Commission's next meeting in November to give them enough time to revise the plans, address issues, and file an amended petition. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Members of Council Page 2 November 17, 1997 Second Planning Commission public hearing was held on November 5, 1997. There was further discussion of various issues, especially those relating to traffic and storm water management, and the specific language of proffered conditions regarding these issues. Mr. Richard Kelley, Roanoke City Schools, spoke in favor of the requested development given the proffered conditions that addressed types of uses on Ferncliff and pedestrian improvements. He requested that the developer provide a fence along FerncliffAvenue to manage student access to the commercial development. Planning Commission action on the matter was deferred until the following meeting on November 12 to resolve the language for the conditions and to allow time for additional coordination regarding traffic improvements that may be required for the development. A revised development plan and amended proffered conditions were presented to the Planning Commission on November 12. Mr. Ed Natt, attorney, discussed the proffered conditions (below) at length with the Commission and the Assistant City Attorney. Mr. Kevin Workman, Architect for Home Depot, discussed the development plan for the site. Ms. Amanda Lawson, Management Broker for F&W Management Corporation (Ferncliff Apartments) spoke in favor of the proposed development and requested that the fence proposed along Ferncliff Avenue not be intrusive and be placed so that it appeared no higher than four feet in height from the sidewalk. She advised that eliminating the fence on Ferncliffwould be more desirable. She supported fencing along Cove Road and beside the apartments for safety reasons. Planning Commission member Mrs. Duerk also shared concerns for the amount of fencing along the property, requesting that consideration be given to reducing it, if possible. The Commission voted to recommend approval of the rezoning request by a vote of 5-0 (Messrs. Butler, Hill, Chrisman, Rife, and Mrs. Duerk voting in favor of the request; Mr. Manetta absent). F. Proffered conditions of the rezoning are: That the property will be developed in substantial conformity with the Development Plan entitled The Home Depot Roanoke, VA, Hershberger Road & FerncliffAve., dated June 26, 1997, revised July 1, 1997, October 30, 1997, and November 7, 1997, prepared by Greenberg, Farrow Architecture Incorporated, a copy of which is attached hereto as "Exhibit "2", subject to any changes required by the City during Development Plan review. 2. Storm Water Management. (a) Storm water shall be managed on the property in accordance with City standards as agreed upon by the City Engineer, and the City Development Review Coordinator. At a minimum, the proposed development shall include a storm water detention basin for the proposed development that is designed Members of Council Page 3 November 17, 1997 to handle a 100-year storm with a 10-year release rate and with a 10% reduction in flow capacity of the main storm drain conveying storm water through the site for debris blockage. In addition, the current storm water that is draining to the property shall be conveyed through the proposed development with no increase in the 100 year flood elevation at the adjacent upstream properties. The Petitioner shall provide all hydrologic and hydraulic studies and documentation satisfactory to the City Engineer to verify the impact of the proposed development on future flood depths. (b) The Petitioner shall be responsible for ail costs associated with the design and construction of the required on-site and off-site storm water management improvements. Acknowledging that the City of Roanoke has established a general drainage improvement program for the area which includes the subject property and which includes common drainage conditions, the developer shall pay the cost of necessary engineering and related studies and of providing storm water drainage facilities required to serve adequately the common drainage area, assuming that the common drainage area is fully developed in accordance with the comprehensive plan, said facilities being located outside the property limits of the subject property, and said facilities being necessitate or required, in part, by the construction or development of the subject property. The determination of the adequacy of said facilities, the engineering and related studies, and the developer's share of costs for the facilities shall be within the sold discretion of the City Engineer and shall be based upon the increased volume and velocity of storm water runoff caused by the development and the volume and velocity of storm water runoff from the common drainage area in its fully developed state, taking into account the effect of all on-site storm water facilities or best management practices constructed by the developer. (c) Upon issuance of a building permit for the subject property, the developer shall provide payment, or post a personal, corporate or property bond cash escrow, or other method of performance guarantee satisfactory to the Agent to the Planning Commission. Development standards. The following development standards shall be used: All lighting on the property shall consist of lighting fixtures designed with shields that direct illumination away from adjoining residential neighborhoods and adjacent schools. All dumpsters, loading docks, and heating/air conditioning and handling units located on the property, including roof-mounted Members of Council Page 4 November 17, 1997 equipment, shall be screened from view from adjacent properties by landscaping, masonry or metal screen walls, or fencing. Co A six-foot high vinyl coated, black chain-link fence shall be constructed as shown on the development plan. Do Landscaping along Cove Road shall be installed and maintained that consists of three rows of evergreen and deciduous trees which shall be a minimum of 8 feet in height at the time of planting and placed on 15 foot centers. Landscaping along the entire length of the property line extending from Cove Road to FerncliffAvenue shall be installed and maintained that consists of two rows of evergreen and deciduous trees a minimum of 8 feet in height at the time of planting and placed on 15 foot centers. The exterior treatment of all buildings on the property shall have consistent use of architectural detail and materials on all four sides of the building. Uses. The following uses shall not be permitted on tracts or out parcels fronting on Femcliff Avenue, including Official City Tax Nos. 6450118, 6450101, and the easterly 500 feet of Tax No. 6440117: Fast-food restaurants. Neighborhood or highway convenience stores The following use shall not be permitted on the entire property subject to the rezoning: outdoor advertising. Road System. The Hershberger Road access at Hershberger Park Circle shall be designed and constructed at the Petitioner's cost so as to prohibit left turn egress from the property as shown on the proffered site plan (Exhibit 2). The second Hershberger Road access shall be limited at Petitioner's cost to right turn-in and right turn-out, as shown on the proffered site plan (Exhibit 2). Members of Council Page 5 November 17, 1997 Do There shall be no additional curb cuts on Hershberger Road other than those shown on the proffered site plan (Exhibit 2). The Petitioner shall construct a 5-foot wide sidewalk the entire length of the subject property on the west side of Ferncliff Avenue. The Petitioner shall construct a 5-foot wide sidewalk along the westerly side of the 4.73 acre tract designated as future development from Ferncliff Avenue to the parking area. The Petitioner shall further construct a 5-foot wide sidewalk from Hershberger Road to the parking area on either the north or south side of the southern most entrance to the property from the southern most Hershberger Road entrance to the property. In addition, the Petitioner shall mark pedestrian crosswalks in the parking area at appropriate locations. Se the proffered site plan (Exhibit 2). There will be no more than a total of three ingress/egress points on Ferncliff Avenue for the subject property. Each point of ingress/egress shall be separated by at least 200 feet from other points of ingress/egress. Development of Retail Building A & B, the property designated as future development (4.73 acres) and the 0.98 acre out parcel (the "Property") shall be permitted from a traffic standpoint provided the total square footage of development of the Property shall not exceed 135,500 square feet. In the event development of the Property exceeds 135,500 square feet, no such additional development shall be permitted until such time as the Petitioner, its successors and assigns, shall have satisfied the requirements of the City Traffic Engineer and the Virginia Department of Transportation for all road improvements required by such additional development. A 5-foot sidewalk will be installed the length of the property on Cove Road in accord with the City Engineer's specifications for construction of sidewalks. The road improvements including land acquisition and land transfer as shown proffered on Plan T-2, dated November 6, 1997, shall be designed, constructed and paid for by the Petitioner. In addition, other adjustments to the improvements shown on T-2 as may be required by the City Traffic Engineer and the Virginia Department of Transportation, including the taper on Cove Road shall be designed and constructed and paid for by the Petitioner. Said improvements Members of Council Page 6 November 17, 1997 shall be completed within two (2) years of City Council's adopting an Ordinance rezoning this property. Prior to obtaining a zoning permit, the Petitioner, its successors and assigns, shall post a bond in a form and amount satisfactory to the agent for any road improvements required pursuant to this subsection. II. Issues: Zoning of the subject properties is RM-2, Residential Multifamily, Medium Density_ District; RS-3, Residential Single Family District, and C-2, General Commercial District. Zoning patterns in the surrounding area are as follows: to the north across FernclitTAvenue is RM-2 and C-2, to the east across Hershberger Road is C-2, RM-2 and RS-3; to the west is RM-2 and RS-3; to the south across Cove Road is C-2 and RS-3. Subject development also includes Official Tax Numbers 6450101, 6450117 and 6450118 which are zoned conditional C-2 and are the subject ora separate request by the petitioner to amend conditions to reflect the proposed Home Depot development. Proposed development will need to obtain a Special Exception permit from the Board of Zoning Appeals as an "establishment engaged in the retail sale of building supplies where all or a portion of related storage and display activities are not wholly enclosed in a building provided the outdoor storage or display area is accessory to a building and has a maximum area no greater than ten percent of the gross floor area of the building." The development plan is a condition of the requested rezoning. Bo Land use of the subject property is primarily vacant, consisting of woods and agricultural fields. An existing single family residential structure and truck rental establishment, both fronting on Hershberger Road, also are located on the subject property. Surrounding land uses are: multifamily (Ferncliff Apartments), public/institutional (Ruffi~er Middle School and William Fleming High School), retail commercial (Hills shopping center), fast-foot restaurant (Hardees), various commercial/office establishments, single family houses (Swarthmore Avenue) and some vacant parcels. Co Access to the property_ is proposed via three points: Hershberger Road, Hershberger Park Circle (cul de sac opposite Swarthmore Avenue) and FernclitTAvenue. Median cuts exist on Hershberger Road at both Swarthmore/Hershberger Park Circle and at Ferncliff'. Signalized intersections exist at FerncliffAvenue and at Cove Road. Members of Council Page 7 November 17, 1997 D. Utilities for water and sewer are available to service the subject property. Storm water management for the property is a complex issue in that the property currently includes a natural drainage channel for a large drainage area. Landscaped buffer will be required adjacent to residentially zoned properties: the Ferncliff Apartments and the school. Neighborhood organization does not exist for this area. A meeting with adjacent property owners and other interested citizens was held September 25. Concerns for the proposed development related to pedestrian safety for school children crossing Hershberger Road. City school administrators have expressed concerns with ensuring pedestrian and school traffic safety along Ferncliff Avenue, landscape buffering and restricted student access between the school and the new retail development, and limitations on objectionable uses such as fast foods and convenience stores. H. Comprehensive plan recommends: Neighborhood character and environmental quality_ be protected. Possible changes in land use ore new public or private development in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. Development of new commercial or industrial areas in the city_ should be carefully planned and designed to promote quality development and good land use. Improved transportation systems are extremely important to Roanoke's economic development and should be carefully planned. III. Alternatives: A. City Council approve the rezoning request. Zoning of the property is changed to C-2, conditional. Property would be developed in accordance with the proffered development plan and in compliance with the proffered conditions relating to sidewalks, traffic improvements, and storm water management. Land use of the property becomes retail commercial. In addition to the Home Depot facility, two other retail buildings are proposed, as well as additional out parcels. See development plan. Proffered conditions exclude fast food restaurants and convenience stores on Ferncliff Avenue. Members of Council Page 8 November 17, 1997 Access to the facility and the submitted traffic study has been reviewed by the City Traffic Engineer and forwarded to VDOT for additional comment. It is expected that some traffic facility improvements will be needed at the intersections ofFerncliffand Hershberger Roads and at Hershberger and Cove Roads to manage traffic and handle the full build out of commercial development on the property. The improvements have been identified and construction is addressed in the conditions of the rezoning. 4. Utilities for water and sewer can be provided. Storm water management plan has been submitted. Conditions of the rezoning address improvements needed to accommodate the development. Landscape plan has been submitted. Evergreen and deciduous buffers are planned adjacent to the Ferncliff Apartments and the school. Additional landscape buffering is proposed along Cove Road and on a portion of Hershberger Road. Neighborhood and school administration concerns are addressed in the proffered development plan and conditions. 8. Comprehensive Plan can be followed. B. City Council deny the rezoning request. 1. Zoning remains RM-2, RS-3 and C-2. Land use remains vacant until another development is proposed. Land uses would be restricted to those permitted in the districts. Access would depend on the proposed uses and development. Both Hershberger Road and Ferncliff Avenue are likely access points. Traffic volumes for residential development of the property would be considerably less than the volumes for commercial development. 4. Utilities are available. Storm water management is a complex issue for any development of the property. 6. Landscape Plan is not an issue. 7. Neighborhood organization does not exist. Members of Council Page 9 November 17, 1997 8. Comprehensive Plan could be followed. IV. Recommendation: The Planning Commission by a vote of 5-0 recommends approval of the rezoning request (Messrs. Butler, Chrisman, Hill, Rife and Mrs. Duerk voting in favor of the request; Mr. Manetta absent). The development plan is a proffered condition of the rezoning, and issues relating to storm water management, traffic, land uses on Ferncliff Avenue, and pedestrian improvements have been addressed through additional conditions of the rezoning. Respectfully submitted, Gilbert E. Butler, Jr., Chairman Roanoke City Planning Commission GEB:ESL:mpf attachments cc: Assistant City Attorney Attorney for the Petitioner THIRD AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Third Amended Request of The Home Depot to rezone property identified as Official Tax Nos. 6440117, 6440118 and 6440119, containing 32.68 acres, m~re or less, Roanoke City, Virginia, subject to certain conditions proffered by the Petitioner. TO THE HONORABLE MAYORAND MEMBERS OF THE COUNCIL OF TH~ CITY OF ROANOKE: The Petitioner, Home Depot U.S.A., Inc., a Delaware corporation, is the contract purchaser of land in the City of Roanoke containing 32.68 acres, more or less, located in the City of Roanoke, identified as Official Tax Numbers 6440117, 6440118 and 6440119; Tax Number 6440117 currently zoned RM-2 and RS-3, Tax Number 6440118 currently zoned C-2 and Tax Number 6440119 currently zoned RM-2. A map of the property to be rezoned is attached as Exhibit "1" Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the property identified as Official Tax numbers ~440117, 6440118 and 6440119 be rezoned from RM-2 and RS-3, C-2 and RM-2, respectively, to C-2, General Commercial District, subject to certain conditions se5 forth below, for the purpose of ccnssructing retail stores with a related outparcel, said property to be described as folicws: PARCEL 1: BEGINNING at an iron on the norsh side of Va. Sec. RouSe No. 625 (Hershberger Road) corner to the E. R. Conner property; thence with the line of Conner N47-50W 31{.i' to an iron; thence with a new line ~hrough the C. L. Ramsey property S42-!0W 145.3~' ~o an iron; 5hence wi5h another new line S47-50E 230.93' 5o an iron on the ncrsh side of Va. Sec. Route No. 625; thence wish 5he llne cf same N72-32E 168 47 to ~he BEGINS_N= and con~ai-~n= ~ATT. AH£~N & AGEE ROANOXE. YtR~IA 0.91 acres, more or less. PARCEL 2: BEGINNING at the intersection of Cove Road and Hershberger Road; thence along Cove Road N. 53° 40' W. 908.8 feet to a point; thence continuing along said road N. 49° W. 170.8 feet to George Stoutmeyer's line fence; thence along that line N. 40o E. 1169.5 feet to the original Burhong's line fence; thence along that line S. 53° E. (called 55° in the original line) 563.79 feet to a point; thence S. 45° 10' W. 551 feet to a point; thence with a wire fence passing 25 feet W. of a house S. 48 1/2o E. 1006.21 feet to a point in Hershberger Road; thence along the Hershberger Road S. 71 1/2 o W. 275 feet S. 80 1/4o W. 426 feet to the place of beginning continuing approximately 25.4 acres. LESS AN I) EXCEPTany portion of the hereinabove described property heretofore acquired by the Commonwealth of Virginia for highway purposes. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide a quality retail development for the City of Roanoke. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subjec~ to, and that the Petitioner will abide by, the following conditions identified, by Official Tax Nos. 6440117, 6440118 and 6440119. 1. That the property will be developed in substantial conformity with the Development Plan enti~!ed The Home Depot Roanoke, VA, Hershberger Road & Ferncliff A,ze., dated June 26, 1997, revised July !, 1997, October 30, 1997, and November 7, 1997, prepared by Greenberg, Farrow Architecture incorpcra~ed, a !l CODy of which is attached hereto as ~X~,iD~ ,,2., subjec-_ ~o an~- changes required by the City during De'/e!c~men-_ Plan re'/!ew. 2. Storm Water Manaqement. (a) Storm water shall ke managed on the property in accordance with City Standards and as agreed upon by the City Engineer, and the City Development Review Coordinator. At a minimum, the proposed development shall include a storm water detention basin for the proposed development that is designed to handle a 100-year storm with a 10-year release rate and with a 10% reduction in flow capacity of the main storm drain conveying storm water through the site for debris blockage. In addition, the current storm water that is draining to the property shall be conveyed through the proposed development with no increase in the 100-year flood elevation at the adjacent upstream properties. The Petitioner shall provide all hydrologic and hydraulic studies and documentation satisfactory to the City Engineer to verify the impact of the proposed development on future flood depths. (b! The Petitioner shall be responsible for all costs associated with the design and construction of the required site and off-site storm water management improvements. Acknowledging that the City of Roanoke has established a general drainage improvement program for the area which includes tke subject property and which includes common drainage conditions, the developer shall pay the cost of necessary engineering and related studies and of providing storm water drainage facilities required to serve adequately the common drainage area, assuming that the common drainage area is fully developed in accordance with the comprehensive plan, said facilities being located cutslle the prcper~y limits of the subject property, and said facilities being necessitated or required, in part, by the construc:ion or development of the subject property. The determLnation of the adequacy of said facilities, the engineering and related studies, and the developer's share of costs for the facilities shall be within the sole discretion of the City Engineer and shall be based upon the increased volume and velocity of storm water runoff caused by the development and the volume and velocity of storm water runoff from the common drainage area in its fully developed state, taking into account the effect of all on-site storm water facilities or best management practices constructed by the developer. (c) Upon issuance of a building permit fcr the subject property, the developer shall provide payment, or pcst a personal, corporate or property bond, cash escrow, or other method of performance guarantee satisfactory to the Agent to the Planning Commission. 3. DeveloDment Standards. The followin~ deve!opmen5 standards shall be used: A. All lighting on the property skal! consist cf lighting fixtures designed with shields that direc~ illumination away from adjoining residential neighborhoods and adjacen~ schools. B. All dumpsters, loading docks, an~ heating/air conditioning and handling units located on the prc~ersy, includln~ roof mounted equipment, shall be screened from view from adjacenz properties by landscaping, masonry or metal screen walls, or fencing. C. A six-foot high vinyl coated, black chain link fence shall be constructed as shown the development plan. D. Landscaping along Cove Road shall be installed and maintained that consists of three rows of evergreen and deciduous trees which shall be a minimum of 8 feet in height at the time of planting and placed on 15 foot centers. E. Landscaping along the entire length of the property line extending from Cove Road to Ferncliff Avenue shall be installed and maintained that consists of two rows of evergreen and deciduous trees a minimum of 8 feet in height at the time of planting and placed on 15 foot centers. F. The exterior treatment of all buildings on the property shall have consistent use of architectural detail and materials on all four sides of the building. 4. Uses. A. The following uses shall not be permitted on tracts or out parcels fronting on Ferncliff Avenue, including Official City Tax Nos. 6450118, 6450101, and the easterly 500 feet of Tax No. 6440117: 1. Fast-food restaurants. 2. Neighborhood or highway ccnvenience stores. B. The following use shall nc5 be permi~ned on the entire property subject to the rezoning: cutdcor adver-_ising. 5. Road System. A. The Hershberger Road access at Herskber~er Park Circle shall be designed and constructed a~ -~-~.._ Pe~i~'scner's ccs~ ATTOQN~Y~-AT-LA~ ~AN~K£. so as to prohibit left turn egress from the property as shown on the proffered site plan (Exhibit 2). B. The second Hershberger Road access shall be limited at Petitioner's cost to right turn-in and right turn-out, as shown on the proffered site plan (Exhibit 2). C. There shall be no additional curb cuts on Hershberger Road other than those shown on the proffered site plan (Exhibit 2). D. The Petitioner shall construct a 5 - foot wide sidewalk the entire length of the subject property on the west side of Ferncliff Avenue. The Petitioner shall construct a 5-foot wide sidewalk along the westerly side of the 4.73 acre tract designated as future development from Ferncliff Avenue to the parking area. The Petitioner shall further construct a 5-foot wide sidewalk from Hershberger Road to the parking area on either the north or south side cf the southern most entrance to the property from the southern most Hershberger Road entrance to the property. In addition, the Petitioner shall mark pedestrian crosswalks in the parking area at appropriate locations. See the proffered site plan. (Exhibit 2). E. There '~ ~ wl~_. be no more than a total of three ingress/egress points on Ferncliff Avenue for the subject property. Each point of ingress/egress shall be separated by at least 200 feet from other points of ingress/egress. F. Development of Retail Building A & B, the prcperzy designated as future development (4.73 acres) and the 0.98 acre out parcel (the "Property") shall be permitted from a traffic ATTO~£Y$-AT-LAW ~ANO~[, VIrgINIA standpoint provide~ the total square footage of development of the Property shall not exceed 135,500 square feet. In the event development of the Property exceeds 135,500 square feet, no such additional development shall be permitted until such time as the Petitioner, its successors and assigns, shall have satisfied the requirements of the City Traffic Engineer and the Virginia Department of Transportation for all road improvements required by such additional development. G. A 5-foot sidewalk will be installed the length of the property on Cove Road in accord with the City Engineer's specifications for construction of sidewalks. H. The road improvements including land acquisition and land transfer as shown proffered on Plan T-2, dated November 6, 1997, attached as Exhibit "4" shall be designed, constructed and paid for by the Petitioner. In addition, other adjustments to the improvements shown on T-2 as may be required by the City Traffic Engineer and the Virginia Department of Transportation, including the taper on Cove Road shall be designed and constructed and paid for by the Petitioner. Said improvements shall be completed within two (2) years of City Council's adopting an Ordinance rezoning this property. Prior to obtaining a zoning permit, the Petitioner, its successors and assigns, shall post a bond in a form and amount satisfactory to the agent for any road improvements required pursuant to this subseczion. Attached as Exhibit "3" are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from ~he property to be rezoned. WHEREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions cf the Zoning Ordinance of the City of Roanoke. Respectfully submitted this %~ day of N¢-O~ , 1997. RESPECTFULLY SUBMITTED, Of counsel I]STERHnUDT, FERGU~DN, NATT, AHERnN & AGEE ATT n R N EYS-AT- LAW RDANnK£, VIRnlNIA 2401B-l&grJ RECEIYEO CITY CLER!~$ OFFiC~i THIRD AMENDED PETITION TO REZONE IN RE: Third Amended Request of The Home Depot to rezone property identified as Official Tax Nos. 6440117, 6440118 and 6440119, containing 32.68 acres, more or less, Roanoke City, Virginia, subject to certain conditions proffered by the Petitioner. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Home Depot U.S.A., Inc., a Delaware corporation, is the contract purchaser of land in the City of Roanoke containing 32.68 acres, more or less, located in the City of Roanoke, identified as Official Tax Numbers 6440117, 6440118 and 6440119; Tax Number 6440117 currently zoned RM-2 and RS-3, Tax Number 6440118 currently zoned C-2 and Tax Number 6440119 currently zoned RM-2. A map of the property to be rezoned is attached as Exhibit "1" Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the property identified as Official Tax numbers 6440117, 6440118 and 6440119 be rezoned from RM-2 and RS-3, C-2 and RM-2, respectively, to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of constructing retail stores with a related outparcel, said property to be described as follows: PARCEL 1: BEGINNING at an iron on the north side of Va. Sec. Route No. 625 (Hershberger Road) corner to the E. R. Conner property; thence with the line of Conner N47-50W 316.1' to an iron; thence with a new line through the J. L. Ramsey property S42-10W 145.36' to an iron; thence with another new line S47-50E 230.93' to an iron on the north side of Va. Sec. Route No. 625; thence with the line of same N72-32E 168.47' to the BEGINNING and containing I'"1 STERH n U DT, FERGUSDN, NATT, AHERDN & AG£E ATTORNEYS-AT-LAW RDANDKE, VIRBINIA 2401B-1699 0.91 acres, more or less. PARCEL 2: BEGINNING at the intersection of Cove Road and Hershberger Road; thence along Cove Road N. 53° 40' W. 908.8 feet to a point; thence continuing along said road N. 49° W. 170.8 feet to George Stoutmeyer's line fence; thence along that line N. 40° E. 1169.5 feet to the original Burhong's line fence; thence along that line S. 53° E. (called 55° in the original line) 563.79 feet to a point; thence S. 45° 10' W. 551 feet to a point; thence with a wire fence passing 25 feet W. of a house S. 48 1/2° E. 1006.21 feet to a point in Hershberger Road; thence along the Hershberger Road S. 71 1/2 o W. 275 feet S. 80 1/4° W. 426 feet to the place of beginning continuing approximately 25.4 acres. LESS AND EXCEPT any portion of the hereinabove described property heretofore acquired by the Commonwealth of Virginia for highway purposes. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide a quality retail development for the City of Roanoke. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions identified, by Official Tax Nos. 6440117, 6440118 and 6440119. 1. That the property will be developed in substantial conformity with the Development Plan entitled The Home Depot Roanoke, VA, Hershberger Road & Ferncliff Ave., dated June 26, 1997, revised July 1, 1997, October 30, 1997, and November 7, 1997, prepared by Greenberg, Farrow Architecture Incorporated, a copy of which is attached hereto as "Exhibit "2", subject to any changes required by the City during Development Plan review. 05TERHDUDT, FERBUBnN, NATT, AHERDN & AGEE ATTD RN Eyc~-AT- LAW RDAN tIKE, VIRGINIA 2401G-1699 2. Storm Water Manaqement. (a) Storm water shall be managed on the property in accordance with City Standards and as agreed upon by the City Engineer, and the City Development Review Coordinator. At a minimum, the proposed development shall include a storm water detention basin for the proposed development that is designed to handle a 100-year storm with a 10-year release rate and with a 10% reduction in flow capacity of the main storm drain conveying storm water through the site for debris blockage. In addition, the current storm water that is draining to the property shall be conveyed through the proposed development with no increase in the 100-year flood elevation at the adjacent upstream properties. The Petitioner shall provide all hydrologic and hydraulic studies and documentation satisfactory to the City Engineer to verify the impact of the proposed development on future flood depths. (b) The Petitioner shall be responsible for all costs associated with the design and construction of the required on- site and off-site storm water management improvements. Acknowledging that the City of Roanoke has established a general drainage improvement program for the area which includes the subject property and which includes common drainage conditions, the developer shall pay the cost of necessary engineering and related studies and of providing storm water drainage facilities required to serve adequately the common drainage area, assuming that the common drainage area is fully developed in accordance with the comprehensive plan, said facilities being located outside the property limits of the subject property, and said facilities OSTERHOU DT, FERGUSDN, NATT, AHERON & Ar,££ ATTO RN EYS-AT- LAW ROANOKE, vier, INIA 24018-1699 being necessitated or required, in part, by the construction or development of the subject property. The determination of the adequacy of said facilities, the engineering and related studies, and the developer's share of costs for the facilities shall be within the sole discretion of the City Engineer and shall be based upon the increased volume and velocity of storm water runoff caused by the development and the volume and velocity of storm water runoff from the common drainage area in its fully developed state, taking into account the effect of all on-site storm water facilities or best management practices constructed by the developer. (c) Upon issuance of a building permit for the subject property, the developer shall provide payment, or post a personal, corporate or property bond, cash escrow, or other method of performance guarantee satisfactory to the Agent to the Planning Commission. 3. Development Standards. The following development standards shall be used: A. All lighting on the property shall consist of lighting fixtures designed with shields that direct illumination away from adjoining residential neighborhoods and adjacent schools. B. All dumpsters, loading docks, and heating/air conditioning and handling units located on the property, including roof mounted equipment, shall be screened from view from adjacent properties by landscaping, masonry or metal screen walls, or fencing. QSTERHDU DT, FERGUSON, NATT, AHERDN & AGEE ATTORNEYS-AT-LAW RrlANDKE, VIRGINIA 24DIB-1699 C. A six-foot high vinyl coated, black chain link fence shall be constructed as shown the development plan. D. Landscaping along Cove Road shall be installed and maintained that consists of three rows of evergreen and deciduous trees which shall be a minimum of 8 feet in height at the time of planting and placed on 15 foot centers. E. Landscaping along the entire length of the property line extending from Cove Road to Ferncliff Avenue shall be installed and maintained that consists of two rows of evergreen and deciduous trees a minimum of 8 feet in height at the time of planting and placed on 15 foot centers. F. The exterior treatment of all buildings on the property shall have consistent use of architectural detail and materials on all four sides of the building. 4. Uses. A. The following uses shall not be permitted on tracts or out parcels fronting on Ferncliff Avenue, including Official City Tax Nos. 6450118, 6450101, and the easterly 500 feet of Tax No. 6440117: 1. Fast-food restaurants. 2. Neighborhood or highway convenience stores. B. The following use shall not be permitted on the entire property subject to the rezoning: outdoor advertising. 5. Road System. A. The Hershberger Road access at Hershberger Park Circle shall be designed and constructed at the Petitioner's cost OSTERHOUDT, FERGUSDN, NATT. AHERDN & AGEE ATTO RN EYS-AT- LAW RDANOKE, VIRGINIA 24018-16~9 so as to prohibit left turn egress from the property as shown on the proffered site plan (Exhibit 2). B. The second Hershberger Road access shall be limited at Petitioner's cost to right turn-in and right turn-out, as shown on the proffered site plan (Exhibit 2). C. There shall be no additional curb cuts on Hershberger Road other than those shown on the proffered site plan (Exhibit 2). D. The Petitioner shall construct a 5-foot wide sidewalk the entire length of the subject property on the west side of Ferncliff Avenue. The Petitioner shall construct a 5-foot wide sidewalk along the westerly side of the 4.73 acre tract designated as future development from Ferncliff Avenue to the parking area. The Petitioner shall further construct a 5-foot wide sidewalk from Hershberger Road to the parking area on either the north or south side of the southern most entrance to the property from the southern most Hershberger Road entrance to the property. In addition, the Petitioner shall mark pedestrian crosswalks in the parking area at appropriate locations. See the proffered site plan. (Exhibit 2). E. There will be no more than a total of three ingress/egress points on Ferncliff Avenue for the subject property. Each point of ingress/egress shall be separated by at least 200 feet from other points of ingress/egress. F. Development of Retail Building A & B, the property designated as future development (4.73 acres) and the 0.98 acre out parcel (the "Property") shall be permitted from a traffic FISTERH(] U DT, FERr, U SON, NATT, AHERON & ATTrl R N EYS-AT- LAW RFIAN tiKE, VIRr,INIA 2401r,-1699 standpoint provided the total square footage of development of the Property shall not exceed 135,500 square feet. In the event development of the Property exceeds 135,500 square feet, no such additional development shall be permitted until such time as the Petitioner, its successors and assigns, shall have satisfied the requirements of the City Traffic Engineer and the Virginia Department of Transportation for all road improvements required by such additional development. G. A 5-foot sidewalk will be installed the length of the property on Cove Road in accord with the City Engineer's specifications for construction of sidewalks. H. The road improvements including land acquisition and land transfer as shown proffered on Plan T-2, dated November 6, 1997, attached as Exhibit "4" shall be designed, constructed and paid for by the Petitioner. In addition, other adjustments to the improvements shown on T-2 as may be required by the City Traffic Engineer and the Virginia Department of Transportation, including the taper on Cove Road shall be designed and constructed and paid for by the Petitioner. Said improvements shall be completed within two (2) years of City Council's adopting an Ordinance rezoning this property. Prior to obtaining a zoning permit, the Petitioner, its successors and assigns, shall post a bond in a form and amount satisfactory to the agent for any road improvements required pursuant to this subsection. Attached as Exhibit "3" are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the OSTERHOUDT, FERGUBON, NATT, AHERON & AGEE ATTO R N EYS-AT- LAW ROANOKE, VIRGINIA 2401B-1699 property to be rezoned. WHEREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ day of ~~ , 1997. RESPECTF~LY SUBMITTED, Of counsel (]$TERHDUDT, FERGUGnN, NATT, AHERDN & ABEE ATTD RN EYS-AT-LAW RDANnKE, VIRGINIA 2401G-1699 TiIE HOME DEPOT By:, Its Repre sent at~re~ ' ^~i: ,,~,B~i,, ~'~' Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE S.W. - ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 November 12, 1997 File #51 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron & Agee 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Natt: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing to be held on Monday, November 17, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of Home Depot, U.S.A., Inc., that 32.68 acres, 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 City Planning Commission has recommended that the request be approved. It will be necessary for you, or your representative, to be present at the November 17 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:js Enc. H:~REZONING.97~OME. DEP DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE S.W. - ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 November 12, 1997 File #51 Edward A. Natt, Attorney Osterhoudt, Ferguson, Naif, Aheron & Agee 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Naif: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing to be held on Monday, November 17, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215~ Church Avenue, S. W., on the request of Home Depot, U.S.A., Inc., that 32.68 acres, more or less, identified as Official Tax Nos. 6440117 - 6~,~.0119, 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 City Planning Commission has recommended approval of the request. A copy of the City Planning Commission report may be obtained by calling the City Clerk's Office at 853-2541. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:js Enc. H:~REZONING.97~d3ME.DEP Edward A. Natt, Attorney November 12, 1997 Page 2 pc: Dods D. Scott, Walter A. Scott, Jr., and Walter A. Scott, III Trustees, 1146 Freeport Road, Pittsburgh, Pennsylvania 25238 Ferncliff South, c/o Virginia Housing Development Authority, 601 Belvidere Street, Richmond, Virginia 23220 Secretary of Housing and Urban Development, 3600 West Broad Street, Room 235, Richmond, Virginia 23230 Gregory W. Brower and Stewart J. Wdght, 1143 Grayson Avenue, N. W., Roanoke, Virginia 24017 American Electric Power, Post Office Box 2021, Roanoke, Virginia 24022 William and Zelma Carter, Post Office Box 6402, Roanoke, Virginia 24017 MKS Associates, c/o Beard Development Corporation, 1076 Thomas Jefferson Street, Washington, D. C. 24000 Lee Hartman and Sons, 665 Diamond Road, Salem, Virginia 24153 Gary H. Brown, 3237 Cove Road, N. W., Roanoke, Virginia 24017 Dick and Frankie Cook, 103 Loving Circle, Penhook, Virginia 24137 Shadrack Brown, Jr., Shirley Claytor, and Henry Alvin, Trustees, 3431 KershaW' Road, N. W., Roanoke, Virginia 24017 John and Pauline Dragan, 1406 Lake Avenue, Richmond, Virginia 23226 Hershberger Associates, c/o RASH 56-46-29040, Post Office Box 1600, Rowlett, Texas 75088 Homeowner's Warehouse, c/o Tax Department, Post Office Box 24600, Nashville, Tennessee 37202 Roanoke City Public Schools, c/o Richard L. Kelley, Post Office Box 13145, Roanoke, Virginia 24031 H:~REZONING,g71J-IOME. DEP The Roanoke Times Ad Number: 670006 RECEIVED Publisher's Fee: $132.6~1TY CLERKS Oir.:~'ICi~i' OSTERHOUDT, FERGUSON, NA °97 NOV ]7 A]I :20 1919 ELECTRIC ROAD, S.W. ROANOKE, VA 24018 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 11/01/97 FULL RUN - Saturday 11/08/97 FULL RUN - Saturday Witness, this 10th day of November 1997 Authorized Signature clay, Novafldmr 17, 1997. 7:00 p.m., in ~he Council Chamber in thc Municipal $.W.. on ~le qumtio. ~, ~mon- lng ~ RM-2, 1'her CO~dfl 32.e8..~ b.oct o 6440117, 6440119 and ,profbred ~x~Uo.~. . A ~OpY Of th/I proINl~d 18 avMI. , (67OO06) . ' NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, November 17, 1997, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RM-2, Residential Multifamily, Medium Density District, RS-3, Residential Single Family District, and C-2, General Commercial District, to C-2, General Commercial District, the following property: That certain 32.68-acre tract of land, being Official Tax Nos. 6440117, 6440118 and 6440119, subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 29th day of October , 1997. Mary F. Parker, City Clerk. H:\NOTICE\N-HOMDEP.1 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGI~k¥ CLERk% 0[ F/~.~ PERTAINING TO THE REZONING REQUEST OF: Home Depot, Tax Nos. 6440117, 118 and 119, Hershberger ) Cove, Ferncliff, N.W., from RM-2, RS-3, C-2 to C-2, ) AFFIDAVIT conditional ) '9'/ ~1 2B 1~3:0B COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 27th day of October, 1997, notices of a public hearing to be held on the 5th day of November, 1997, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name 6450104 Doris D. Scott Walter A. Scott, Jr. Walter A. Scott, IH Trustees 1146 Freeport Road Pittsburgh, PA 25238 6440120 644O115 6440207 6440203 6440205 6440206 6440202 6440201 2560109 2560141 2560152 2560151 2480101 Ferncliff South c/0 VA Housing Development Authority Secretary of Housing and Urban Development Room 235 Gregory W. Brower Stewart J. Wright American Electric Power William and Zelma Carter MKS Associates c/o Beard Development Corp. Lee Hartman & Sons Gary H. Brown 601 Belevedere Street Richmond, VA 23220 3600 W. Broad Street Richmond, VA 23230 l143Grayson Avenue, NW Roanoke, VA 24017 P. O. Box 2021 Roanoke, VA 24022 P. O. Box 6402 Roanoke, VA 24017 1076 Thomas Jefferson St Washington, DC 24000 665 Diamond Road Salem, VA 24153 3237 Cove Road, NW Roanoke, VA 24017 2480102 2480151 2480144 2480901 Dick and Frankie Cook 6450101 6460102 Shadrack Brown, Jr. Shirley Claytor Henry Alvin, Trustees John and Pauline Dragan 103 Loving Circle Penhook, VA 24137 3431 Kershaw Road, NW Roanoke, VA 24017 1406 Lake Avenue Richmond, VA 23226 6450117 Hershberger Associates P.O. Box 1600 c/o RASH 56-46-29040 Rowlett, TX 75088 Homeowner's Warehouse c/o Tax Department City of Roanoke Roanoke City Schools P. O. Box 24600 Nashville, TN 37202 Dick Kelley Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of~r, 1997. ..... N~otary Pub~L/- / RECEIVED TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGIlq;II~!,Y CLERKS 0FFIL.qE PERTAINING TO THE REZONING REQUEST OF: '9? SEP 22 Pa :09 Home Depot, Tax Nos. 6440117, 118 and 119, Hershberger ) Cove, Ferncliff, N.W., from RM-2, RS-3, C-2 to C-2, ) AFFIDAVIT conditional ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 22nd day of September, 1997, notices of a public hearing to be held on the 1st day of October, 1997, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name 6450104 Doris D. Scott Walter A. Scott, Jr. Walter A. Scott, III Trustees Mailing Address 1146 Freeport Road Pittsburgh, PA 25238 6440120 6440115 6440207 6440203 6440205 6440206 6440202 6440201 2560109 2560141 2560152 2560151 2480101 Ferncliff South c/0 VA Housing Development Authority Secretary of Housing and Urban Development Room 235 Gregory W. Brower Stewart J. Wright American Electric Power William and Zelma Carter MKS Associates c/o Beard Development Corp. Lee Hartman & Sons Gary H. Brown 601 Belevedere Street Richmond, VA 23220 3600 W. Broad Street Richmond, VA 23230 1143 Grayson Avenue, NW Roanoke, VA 24017 P. O. Box 2021 Roanoke, VA 24022 P. O. Box 6402 Roanoke, VA 24017 1076 Thomas Jefferson St Washington, DC 24000 665 Diamond Road Salem, VA 24153 3237 Cove Road, NW Roanoke, VA 24017 2480102 2480151 Dick and Frankie Cook 103 Loving Circle Penhook, VA 24137 2480144 Shadrack Brown, Jr. Shirley Claytor Henry Alvin, Trustees 3431 Kershaw Road, NW Roanoke, VA 24017 2480901 John and Pauline Dragan 1406 Lake Avenue Richmond, VA 23226 6450117 HershbergerAssoci~es ~oRASH 56-46-29040 P.O. Box 1600 Rowlett, TX 75088 6450101 Homeowner's Warehouse c/o Tax Department P. O. Box 24600 Nashville, TN 37202 6460102 City of Roanoke Dick Kelley Roanoke City Schools Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 22nd day of September, 1997. Notary Publ~ ' ! NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public heating on Wednesday, August 6, 1997, at 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from Home Depot U.S.A., Inc., represented by Edward A. Natt, attorney, that properties designated as Official Tax No. 6440117, 6440118 and 6440119; and bounded by Cove Road, N.W., to the south, Hershberger Road, N.W., to the east and Ferncliff Avenue, N.W., to the north; and containing 32.68 acres, more or less, be rezoned from RM-2, Residential Multifamily, Medium Density District, RS-3, Residential Single Family District, and C-2, General Commercial District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Department of Planning and Community Development, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, July 22, 1997 and Tuesday, July 29, 1997 Please bill: Edward A. Natt, Esquire Osterhoudt, Ferguson, Natt, Aheron and Agee 1919 Electric Road, SW Roanoke, VA 24018 Please send affidavit to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 7, 1997 File #51 Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Edward A. Natt, Attorney, representing Home Depot, U.S.A., Inc., requesting that 32.68 acres, 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. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Gilbert E. Butler, Jr., Chair City Planning Commission July 7, 1997 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron & Agee, 1919 Electric Road, S. W., Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney H:~REZONINQ,gT~IOME. DEP 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 December 5, 1997 Mr. Edward A. Natt Osterhoudt, Ferguson, Natt, Aheron and Agee 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of Ordinance No. 33659-120197, amending certain proffered conditions presently binding upon 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 conditionally rezoned by the Council of the City of Roanoke, pursuant to Ordinance No. 25204, adopted on July 28, 1980. The abovereferenced measure was adopted by the Council of the City of Roanoke on its first reading on Monday, November 17, 1997, also adopted on its second reading on Monday, December 1, 1997, and will be in full force and effect ten days following the date of its second reading. Sincerely, f&u,,.,~.-- Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Street, S. W., Roanoke, Virginia 24014 H:~AGENDA. gT~:~-Cl.WP[3 Edward A. Naif December 5, 1997 Page 2 pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Nancy J. Brown, Appraiser Aide, Real Estate Valuation Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission H:~AGENDA.~/UDC-C1 .WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 1997. No. 33659-120197. AN ORDINANCE to amend S§36.!-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. WHEREAS, Home Depot U.S.A., Inc., filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land located on the north side of Hershberger Road, N.W., and designated as Official Tax Nos. 6450101, 6450118 and 6450117 (formerly Official Tax Nos. 6450101 and 6450102), which property was previously conditionally rezoned by the adoption of Ordinance No. 25204, adopted July 28, 1980; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on November 17, 1997, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding on that certain tract of land located on the north side of Hershberger Road, N.W., and designated as Official Tax Nos. 6450101, 6450118 and 6450117 (formerly Official Tax Nos. 6450101 and 6450102), and the matters presented at the public hearing, should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that S§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 645 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Amended Petition to Change Proffered Conditions filed in the City Clerk's Office on November 13, 1997, and as set forth in t],~ report of the Planning Commission dated November 17, 1997. ATTEST: City Clerk. H:\ORD-REZSOAP-HOME. 1 A RECEIVE[} CITY CLERKS OFF!C!- '97 NflV i.t P3:3! Roanoke City Planning Commission November 17, 1997 The Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Home Depot U.S.A., Inc., represented by Edward A. Natt, attorney, that conditions proffered in conjunction with a rezoning of property located on the north side of Hershberger Road, N.W., Official Tax Nos. 6450101, 6450118, and 6450117 (formerly Official Tax Nos. 6450101 and 6450102) and further set out in Ordinance No. 25204, adopted 7/28/80, be amended. I. Background: ho Subject properties were rezoned in 1980 for the purposes of commercial development with the following condition~: There will be built on said property two restaurants, said restaurants to be built at the approximate locations shown on the Architectural and Engineering plans filed herewith. ° Said property will be developed further in accordance with the plans prepared by T. P. Parker & Son, and Robert W. Bradley, A.I.A., all matters on said plans attached hereto to be considered conditions to the Ordinance amendment. o One parcel will be developed for a Hardee's Restaurant which will be built according to the exterior architectural drawings attached hereto. (Petitioners cannot at this time commit to the interior architectural drawings of the Hardee's building due to the fact that said plans are presently being revised.) ° The other restaurant will be a "family restaurant" which will contain approximately 5, 460 square feet. (Petitioners cannot at this time commit to a named restaurant or the architectural drawings for such restaurant.) Service or repair establishments, including filling stations and repair garages, shall not be constructed or operated on said parcels. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Members of Council Page 2 November 17, 1997 6. Mobile home parks and sales lots shall not be permitted on said property. 7. No outdoor storage of merchandise shall be allowed on said parcels. o Until such time as the Commonwealth of Virginia improves Hershberger Road, a deceleration lane will be provided for the access to subject property. The streets on subject property will be built to the specifications necessary to be dedicated to the City of Roanoke, and will be dedicated to the City of Roanoke. 10. Landscaping proposals for each additional development of subject property will be submitted to the Planning Department and Planning Commission for approval. 11. No more than three additional access points on Ferncliff Avenue north of the presently proposed 50 foot roadway, said access points to be no less than 200 fee between the centerline of entrances. 12. Sidewalk will be provided along the west side of Ferncliff Avenue as the land is developed. Discussions in 1980 at both the Planning Commission and at City Council centered on issues of traffic management on both Hershberger and Ferncliff Avenues, and on pedestrian safety (need for sidewalk on both sides of Ferncliff Avenue), because of the schools. In addition, buffering of the residential uses and storm water management were discussed. Proffered development plan was very_ general and addressed only the building and parking layout of two small parcels directly fronting on Hershberger Road (Hardees and a proposed Ground Round). The last two conditions were proffered at the City Council meeting in response to concerns for management traffic and pedestrians on Ferncliff Avenue. II. Current Situation: With the exception of construction of Hardees and Hershberger Park Circle, no other development has occurred. Bo Home Depot, Inc. has a contract to purchase several properties including the above parcels. A petition was filed in July to rezone adjoining properties for a proposed commercial development (Official Tax Nos. 6440117, 6440118, and 6440119) and is being handled concurrently with this amendment request. Members of Council Page 3 November 17, 1997 Co The proposed comprehensive development plan includes Official Tax Nos. 6450101 6450118, and 6450117 (subject of this amendment), as well as the other parcel.~ requested for rezoning. Petitioners are requesting that the conditions be amended to reflect the same conditions proffered as part of the rezoning request. At present, the proffered conditions are: That the property will be developed in substantial conformity with the Development Plan entitled The Home Depot Roanoke, VA, Hershberger Road & FerncliffAve., dated June 26, 1997, revised July 1, 1997, October 30, 1997, and November 7, 1997, prepared by Greenberg, Farrow Architecture Incorporated, a copy of which is attached hereto as "Exhibit "2", subject to any changes required by the City during Development Plan review. 2. Storm Water Management. (a) Storm water shall be managed on the property in accordance with City standards as agreed upon by the City Engineer, and the City Development Review Coordinator. At a minimum, the proposed development shall include a storm water detention basin for the proposed development that is designed to handle a 100-year storm with a 1 O-year release rate and with a 10% reduction in flow capacity of the main storm drain conveying storm water through the site for debris blockage. In addition, the current storm water that is draining to the property shall be conveyed through the proposed development with no increase in the 100 year flood elevation at the adjacent upstream properties. The Petitioner shall provide all hydrologic and hydraulic studies and documentation satisfactory to the City Engineer to verify the impact of the proposed development on future flood depths. (b) The Petitioner shall be responsible for all costs associated with the design and construction of the required on-site and off-site storm water management improvements. Acknowledging that the City of Roanoke has established a general drainage improvement program for the area which includes the subject property and which includes common drainage conditions, the developer shall pay the cost of necessary engineering and related studies and of providing storm water drainage facilities required to serve adequately the common drainage area, assuming that the common drainage area is fully developed in accordance with the comprehensive plan, said facilities being located outside the property limits of the subject property, and said facilities being necessitate or required, in part, by the construction or development of the subject property. The determination of the adequacy of said facilities, the engineering and related studies, and the developer's share of costs for the facilities shall be within the sold discretion of the City Engineer and shall be based upon the increased volume and velocity of storm water runoff' caused by the Members of Council Page 4 November 17, 1997 development and the volume and velocity of storm water runofffrom the common drainage area in its fully developed state, taking into account the effect of all on-site storm water facilities or best management practices constructed by the developer. (c) Upon issuance of a building permit for the subject property, the developer shall provide payment, or post a personal, corporate or property bond cash escrow, or other method of performance guarantee satisfactory to the Agent to the Planning Commission. Development standards. The following development standards shall be used: All lighting on the property shall consist of lighting fixtures designed with shields that direct illumination away from adjoining residential neighborhoods and adjacent schools. All dumpsters, loading docks, and heating/air conditioning and handling units located on the property, including roof-mounted equipment, shall be screened from view from adjacent properties by landscaping, masonry or metal screen walls, or fencing. A six-foot high vinyl coated, black chain-link fence shall be constructed as shown on the development plan. Landscaping along Cove Road shall be installed and maintained that consists of three rows of evergreen and deciduous trees which shall be a minimum of 8 feet in height at the time of planting and placed on 15 foot centers. Landscaping along the entire length of the property line extending from Cove Road to Ferncliff Avenue shall be installed and maintained that consists of two rows of evergreen and deciduous trees a minimum of 8 feet in height at the time of planting and placed on 15 foot centers. The exterior treatment of all buildings on the property shall have consistent use of architectural detail and materials on all four sides of the building. Uses. The following uses shall not be permitted on tracts or out parcels fronting on Ferncliff Avenue, including Official City Tax Nos. 6450118, 6450101, and the easterly 500 feet of Tax No. 6440117: Members of Council Page 5 November 17, 1997 Bo Fast-food restaurants. Neighborhood or highway convenience stores The following use shall not be permitted on the entire property subject to the rezoning: outdoor advertising. Road System. to Eo The Hershberger Road access at Hershberger Park Circle shall be designed and constructed at the Petitioner's cost so as to prohibit left mm egress from the property as shown on the proffered site plan (Exhibit 2). Fo The second Hershberger Road access shall be limited at Petitioner's cost to right mm-in and fight turn-out, as shown on the proffered site plan (Exhibit 2). There shall be no additional curb cuts on Hershberger Road other than those shown on the proffered 'site plan (Exhibit 2). The Petitioner shall construct a 5-foot wide sidewalk the entire length of the subject property on the west side of FemcliffAvenue. The Petitioner shall construct a 5-foot wide sidewalk along the westerly side of the 4.73 acre tract designated as future development from Femcliff Avenue to the parking area. The Petitioner shall further construct a 5- foot wide sidewalk from Hershberger Road to the parking area on either the north or south side of the southern most entrance to the property from the southern most Hershberger Road entrance to the property. In addition, the Petitioner shall mark pedestrian crosswalks in the parking area at appropriate locations. Se the proffered site plan (Exhibit 2). There will be no more than a total of three ingress/egress points on Femcliff Avenue for the subject property. Each point of ingress/egress shall be separated by at least 200 feet from other points of ingress/egress. Development of Retail Building A & B, the property designed as future development (4.73 acres) and the 0.98 acre out parcel (the "Property") shall be permitted from a traffic standpoint provided the total square footage of development of the property shall not exceed 135,500 square feet. In the event development of the Property exceeds 135,500 Members of Council Page 6 November 17, 1997 square feet, no such additional development shall be permitted until such time as the Petitioner, its successors and assigns, shall have satisfied the requirements of the City Traffic Engineer and the Virginia Department of Transportation for all road improvements required by such additional development. Go A 5-foot sidewalk will be installed the length of the property on Cove Road in accord with the City Engineer's specifications for construction of sidewalks. The road improvements including land acquisition and land transfer as shown proffered on Plan T-2, dated November 6, 1997, shall be designed, constructed and paid for by the Petitioner. In addition, other adjustments to the improvements shown on T-2 as may be required by the City Traffic Engineer and the Virginia Department of Transportation, including the taper on Cove Road shall be designed and constructed and paid for by the Petitioner. Said improvements shall be completed within two (2) years of City Council's adopting an Ordinance rezoning this property. Prior to obtaining a zoning permit, the Petitioner, its successors and assigns, shall post a bond in a form and amount satisfactory to the agent for any road improvements required pursuant to this subsection. Do Planning Commission public hearings were held on 10/1/97, 11/5/97 and 11/12/97. Mr. Ed Natt discussed the proposed rezoning request and the amendment to the existing proffered conditions. After considerable discussion of the conditions of the rezoning and various issues, the Planning Commission voted 5-0 to recommend approval of the rezoning request (Messrs. Butler, Chrisman, Hill, Rife and Mrs. Duerk voting in favor of the request; Mr. Manetta absent). III. Issues: The issues for this amendment reflect those identified by the staff for the proposed rezoning of the larger parcel and comprehensive development of the property. A. Zoning. B. Land use. C. Access and transportation management D. Utilities. Members of Council Page 7 November 17, 1997 Storm water management. Landscaping and buffering. Neighborhood. Comprehensive Plan. IV. Eo F. G. H. Alternatives: A° V° City Council approve the request to amend the proffered conditions on the property. City Council deny the request to amend the proffered conditions on the property. Recommendation: Planning Commission recommends, by a vote of 5-0 (Mr. Manetta absent) approval of the request to amend the conditions on these properties to reflect those on the adjacent properties requested for rezoning by Home Depot, Inc. GEB :ESL:mpf attachment cc: Assistant City Attorney Attorney for the petitioner Respectfully submitted, Gilbert E. Butler, Jr., Chairman Roanoke City Planning Commission VIRGINIA: IN RE: Amended Petition to change proffered conditions for a tract of land containing 13.261 acres, more or less, IN THE COUNCIL OF THE CITY OF ROANOKE ) ) ) ) AMENDED ) PETITION TO ) CHANGE PROFFERED ) CONDITIONS located on the north side of Hershberger) Road (Official Tax Nos.: ) 6450101, 6450118 and 6450117 (formerly ) 6450101 and 6450102) ) ) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. By Ordinance No. 25204, adopted by this Council on July 28, 1980, the property which is the subject of this Petition (identified as Official Tax Nos. 6450101, 6450118 and 6450117 (formerly 6450101 and 6450102) was rezoned from RG-i General Residential District, to C-2, General Commercial District, subject to certain conditions proffered by the Petitioner. A copy of said Ordinance with the Amendment to Petition is attached hereto as Exhibit "A" 2. That subsequent to the adoption of said Ordinance, the Petitioner has concluded that the proffered conditions need to be deleted and new proffers related to the Home Depot rezoning on adjacent land should be incorporated for this property. Accordingly, the Petitioner wishes to amend the present proffered conditions to delete the same and substitute in their place all conditions proffered with the Home Depot rezoning on --he adlacen~ property, the said proffered conditions being set ou~ in Home Depot's Third Amended Petition to Rezone attached here-_c as ATTOa~£YS-AT-LAW Exhibit B" The Petitioner proffers that the zoning will be subject to, and the Petitioner will abide by, said conditions. 3. Attached as Exhibit "C" are the names and addresses of the owner or owners of all property immediately adjacent to or immediately across a street or road from the property which is the subject of this Petition. WHEREFORE, the Petitioner requests that the conditions proffered in connection with and made a part of Ordinance No. 25204 this Council be changed and amended as set forth above, in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Dated: November 13, 1997. Respectfully submitted, THE HOME DEPOT O~Counsel Edward A. Natt, Esq. OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE 1919 Electric Road, SW Roanoke, Virginia 24018 Z: \WPS0\L ! $A\I~CIIE2. PET: Lafl 1/13/97 ~fHIBIT "A" IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th day of July, 1980. No. 25204. AN ORDINANCE tO amend Sections 36-3 and 36-4 of the Code of the City 'of Roanoke (1979), as amended, and Sheet No. 645, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning, subject to certain conditions. WHEREAS, application has been made to the Council of =he City of Roanoke =o have two certain tracts of land located on the North side of Hershberger Road, N.W., containing 13.261 acres, more or less, designated as Official Tax Nos. 6450101 and 6450102, rezoned subject to certain conditions proffered by ~he petitioners pursuant to Article VIII of Chapter 36, Code of =he City of Roanoke (1979), as amended, from RG-1, General Residential District, =o C-2, General Commercial Dis=ri=t, as more particularly described in =he amended petition for rezoning filed with the City Cler~ on April 30, 1980; WHEREAS, ~he City Planning Commission has recommended =hat =he hereinafter described land be rezone~ from RG-1, General Residential DiStrict, to C-2, General Commercial District, subject =o the conditions proferred by the petitioners in their amended petition, and to =he conditions submitted t~_o the Plan- ning Commission at a public hearing on May 21, 1980~ and WHEREAS, the writ=eh notice and =he pos=ed sign required =o be published and posted, respect£v~ly, by Section 36-541, Code of =he City of Roanoke (1979), as amended, relating =o Zoning, have been published and pos=ed as required and. for the time provided by said section~ and WHEREAS, the hearing as provided for in said notice was held on the 14th day of July, 1980, at 7:]0 p.m., before t_he Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity 'co be heard, bo~h for and against the proposed rezoning; and WHEREAS, ~his Council, after considering "..he aforesaid application, ~he recommendations made to the Council and matters presented at the public hearing, is of the opinion =hat the hereinafter described land should be rezoned as herein provide~. THEREFORE, BE IT ORDAINED by ~he Council of the City of Roanoke that Sections 36-3 and 36-4 of the Code of =he City of Roanoke (1979), as amended, relating to Zoning, and Sheet No. 645, of the Sectional 1976 Zone Map, City of Roanoke, be amended in =he following particular, subject to ~,be conditions set forth in the amended petition for rezoning filed wi~h the City Clerk on April 30, 1980, which petition is hereby incorporated as a part of =his ordinance, viz: Property located on the North side of Hershberger Road, N.W., containing 13.261 acres, more or less, designated as Official Tax Nos. 6450101 and 6450102, designated on Sheet 645 of ~he Sectional 1976 Zone Map, be, and is hereby, changed from RG-1, General Residential District, to C-2, General Commercial Dis=tic=, £or rezoning, and =ha= Shee= No. 645 of =he afo=esa~ ~p be ch~ge~ in =~s respec=. Co,oil f~her O~AINS ~C, ~n a~f~ion Co ~he condi~ns C~C~ Clerk on April 30, 1980, The follo~n~ =ondi=~ons s~ll be (1) No ~=, c~ =~ee addi=to~l access points on Fe~clt~f Avenue notch of the presence7 proposea 50 fooc to&away, sa~a access points =erlina of en=r~ces; and (2) sidewalk ~1 be p~o~ded along =he west s~de of Fe~Liff Avenue as =he la~ Es develope~. ATTEST: City Clerk. AKEND~ENT TO PETITION FILED BY CHARLES D. KOONTZ, EXECUTOR OF THE ESTATE OF HARY CATHERINE CONNER, AND A. F- HOBACK FOR THE REZONING OF 13.261 ACRES, PETITION BEING DATED APRIL 30, 1980 Based upon the Planning Co, lesion hearing of May 21, 1980, the following additional conditions are proffered as conditions to the rezoning= (1) The streets on subject property will be built to the specif~cations necessary to be dedicated to the City of Roanoke, ~nd will be dedicated to the City of Romnoke. (2) Landscaping propoIalS for each additional development o~ subject property will be submitted to the Planning Department and Planning Conwi~ssion for approval. Respectfully submitted this 23rd day of Hay, 1980. C~A. RL~S D. KOONTZ, Executor of the Estate of Mary Catherine Conner A. F. HOBACK :art L. Kinder, Jr. BIRD, KINDER & HUFFMAN Suite 200 126 Church Avenue, SW Roanoke, VA 24011 TO THE CITY COUNCIL OF T~E CITY OF ROANOKE AMENDED PETITION TO REZONE TWO ADJOINING PARCELS OF LAND CONTAINING 13.261 ACRES, MORE OR LESS, SITUATE ON THE NORTN SIDE OF HERSHBERG~R ROAD IN THE CITY OF ROANOKE, AND BEING A PORTION OF THE PROPERTY SHOWN ON TAX HAPS NOS. 6450101 AND 6450102 Come now Charles D. Koontz, Executor of the Estate of Hazy Catherine CcDner, and A. F. Hoback, by counsel, and hereby respectfully file this Amended Petition for rezoning pursuant to the provieions o£ the Code of the City of Romnoke, and state as 1. The Estate Of Mary Ca~herine Conner is the owner of a parcel of land situate on ~he North side of Hershberger Road in the City of Roanoke, said parcel containing a total of 12.804 acres, more or less, being shown on the Tax Map of the City of Roanoke as Tax Map No. 64S0101~ and being presently zoned RG-1, General Ree£- den~ial District. 2. A. F. Hoback is the o~mer of a parcel of land situate on the West side of Ferncliff Avenue in the City of Roanoke, said parcel containing a total of .412 acre, more or less, being shown on the Tax Map of the City of Roanoke as Tax Map No. 6450102: and being presently zoned RG-1, General Residential District. 3. Your Petitioners, by separate contracts, have contracted to sell the aggregate 13.261-acre parcel of land to Boddie-Noell Enterprises, Inc., Ralph W. Williams0 William S. Emery and Henry Harmon subject to rezoning of the parcel from RG-1, General Resi- dential District, to C-2, General Commercial District, which rezoning is necessary in order fo~ the parcel to be used for restaurant and other commercial purposes. 4. Your Petitioners, in order to permit construction and use of restaurants and other commercial enterprises on the parcel, would respectfully request that the City Council of the City of Roanoke, Virginia, rezone the hereinafter described 13.261-acre parcel, more or less, from RG-1 General Residential District, to ¢-2, General ¢omercial District, pursuant to the provisions of Code of the City of Roanoke. THE~FORE, your Petitioners respectfully request that the Cod~ of the City of Roanoke be amended as provided by law so as to pro- vide that the hereinafter described property be reclassified from RG-1, General Residential District, to C-2, General Commercial Diatrict: BEGINNING at an iron pin at the intersection of the northwesterly side of Berehber%er Road, NW, with the southwesterly aide of Fern¢liff Avenue, NW, and being =he extreme easterly corner of the property being hereby described; thence with the northwesterly side of Hershbe=ger Road, NW, S. 30° 08' 18' W. 46.35 feet to an iron pin~ thence S. al* 52' 58' W. 97.43 ~eet to a concrete highway non~nt~ thence S. 57° 44* 14' w. 85.26 feet to an ~o, pin; th~ce S. 64° 18' 34' W. 223.30 fee~ ~o a ~lnt; ~ence S. 67· 40' W. 68.0 ~eet to en iron pin; thence leaving aers~e=ge= Road, ~, and w~th the ,o=theasterly line of S. J. Lackey property N. 47° 33* W. passing h~s corner and continuing with the northeasterly line of Glen W. Ramsay, e= al. prop- erty, in all 1,009.00 feet to an iron pin~ thence s~ill wi~ line of ~sey p~operty H. 45* 53*'58' E. 548.20 feet to ~ iron ~,; ~eace ~. 42° 17' 02' W. 24.05 fee~ to a ~in= on the sou~sterly side of Ferncliff Av~ue, ~; thence with the line of rerncllff Avenue, ~, S. 52° 02' 04' E. 24.27 feet ~o a ~int; thence with arc of a circle to the right whose radius As ~7S2.81 fee~, whose chord is S. 47° 47' 34' E. 259.29 fee~, an arc distance of 259.53 ~eet ~o a point; ~hence s~i~ with line of Ferncliff Avenue, ~, S. 43· 33' 04' E. 8~9.29 ~eet to the DEGI~ING end containing 13.261 ac~es. The Petitioners end ~heir assigns do hereby proffer and agree that ~he aman~nt to the City Zoning Ordinance ~o change ~he classificati~ o~ ~he said pro,rrM from RG-1, General ~es~den=ial District, to C-2, ~ne=al Co~zcial DistrAct, will he subjech to ~he ~ndAtions hereinafter set forth: A. The=e will be built on said p=operty two restaurants, said =estiu~m~s to be buil~ at the approx~a=e locations sho~ on the ~chitec~uel and Engineering plans f~led herewith. B. Said property will be developed further in accordance with the plans prepared by T. P. Parker & Son, and Robert N. Bradley, -2- A.I.A., all matters on said plans attached hereto to be considere~ conditions to the Ordinance amendment. C. One parcel will be developed for a Hardee's Restaurant which will be built according to ~he exterior architectual drawin~ attached hereto. (Petitioners cannot at this time comet to the interior architectual drawings of the Hardee's building due to the fact that said plans are presently being revised.) D. The other restaurant will be a 'family restaurant" which wall contain approximately 5,460 square feet. (Petitioners cannot at this time commit to a named restaurant or the architectual draw lngs for such restaurant.) E. Service or repair establishments, ~ncluding filling sta- tions ·nd repair garages, shall not be constructed or opera~d on said parcels. F. Mobile home parks and sales lots shall not be permitted Q~ said property. No outdoor storage of merchandise shall be allowed on eai~ parcels. H. Until such time as the Commonwsal~/~ of Virginia improves Hershberger Road, a deceleration lane will be provided for the access to subject property. Respectfully s~bmitted this 30th day of April, 1980. Cart L. Kinder, Jr. BIRD, KINDER & HUFFMAN Suite 200 126 C~u=ch Avenue, SW Roanoke, VA 24011 Of Counsel for Petitioners CHARLES D. KOONTZ, Executor of the Estate o£ Hary Catherine Cohner A. F. HOBACK / (List of property owners previously submitted. as he is now a petitioner.) Delete A. F. Hobac) -3- ,o. TOTAL P. ~}~ THIRD AMENDED PETITION TO REZONF IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Third Amended Request of The Home Depot to rezone property identified as Official Tax Nos. 6440117, 6440118 and 6440119, containing 32.68 acres, more or less, Roanoke City, Virginia, subject to certain conditions proffered by the Petitioner. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Home Depot U.S.A., Inc., a Delaware corporation, is the contract purchaser of land in the City of Roanoke containing 32.68 acres, more or less, located in the City of Roanoke, identified as Official Tax Numbers 6440117, 6440118 and 6440119; Tax Number 6440117 currently zoned RM-2 and RS-3, Tax Number 6440118 currently zoned C-2 and Tax Number 6440119 currently zoned RM-2. A map of the property to be rezoned '- attached as Exhibit "1". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the property identified as Official Tax numbers 6440117, 6440118 and 6440119 be rezoned from RM-2 and RS-3, C-2 and RM-2, respectively, to C-2, General Commercial District, subject to certain conditions se~ forth below, for the purpose of constructing retail stores with a related outparce!, said property to be described as follows: PARCEL 1: BEGINNING at an iron on the ncr~h side of Va. Sec. Rcu~e No. 625 (Hershberger Road) corner to the E. R. Conner property; thence with the line of Conner N47-50W 31~.'' to an iron; thence with a new line through the j. L. Ramsey property S42-i0W 145.36' to an iron; ~hence wish another new line S47-50E 230.93' to an iron on ~he ncr~h side of Va. Sec. Route No. 62~; thence wi~h ~he ~ne cf same N72-32E 168.47' to ~he BEGINNING and consalnlng 0.91 acres, more or less. PARCEL 2: BEGINNING at the intersection of Cove Road and Hershberger Road; thence along Cove Road N. 53° 40' W. 908.8 feet to a point; thence continuing along said road N. 49o W. 170.8 feet to George Stoutmeyer's line fence; thence along that line N. 40o E. 11~9.5 feet to the original Burhong's line fence; thence along that line S. 53° Eo (called 55o in the original line) 563.79 feet to a point; thence S. 45o 10' W. 551 feet to a point; thence with a wire fence passing 25 feet W. of a house S. 48 1/2o E. 1006.21 feet to a point in Hershberger Road; thence along the Hershberger Road S. 71 1/2 o W. 275 feet S. 80 1/4o W. 426 feet to the place of beginning continuing approximately 25.4 acres. LESS AND EXCEPT any portion of the hereinabove described property heretofore acquired by the Commonwealth of Virginia for highway purposes. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide a quality retail development for the City of Roanoke. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions identified, by Official Tax Nos. 6440117, 6440118 and 6440119. 1. That the property will be developed in substantial conformity with the Development Plan ent±=!ed The Home Depot Roanoke, VA, Hershberger Road & Fernci=ff Ave., dated June 26, 1997, revised July 1, 1997, October 30, 1997, and November 7, 1997, prepared by Greenberg, Farrow Architecture Incorporated, a copy of which is attached hereto as "E~ib~ "2", subjec= to any changes required by the City during De'/elc~en~ Plan review. 2. Storm Water Management. (a) Storm water shall be managed on the property in accordance with City Standards and as agreed upon by the City Engineer, and the City Development Review Coordinator. At a minimum, the proposed development shall include a storm water detention basin for the proposed development that is designed to handle a 100-year storm with a 10-year release rate and with a 10% reduction in flow capacity of the n%ain storm drain conveying storm water through the site for debris blockage. In addition, the current storm water that is draining to the property shall be conveyed through the proposed development with no increase in the 100-year flood elevation at the adjacent upstream properties. The Petitioner shall provide all hydrologic and hydraulic studies and documentation satisfactory to the City Engineer to verify the impact of the proposed development on future flood depths. site and off-site storm water management improvements. Acknowledging that the City of Roanoke has established a general t drainage improvement program for the area which includes the I subject property and which includes common drainage conditions, the developer shall pay the cost of necessary engineering and .. related studies and of providing storm water drainage facilities reGuired to ser~ze adequately the common drainage area, assuming that ~he common drainage area is fully developed in accordance wi=h .'.he comprehensive plan, said facilities being located outsife the property !±mits of the subject proper~y, and said faciii=:es (b) The Petitioner shall be responsible for all costs associated with the design and construction of the required on- being necessitated or required, in part, by the construction or development of the sub3ect property. The determination of the adequacy of said facilities, the engineering and related s~udies, and the developer's share of costs for the facilities skal! be within the sole discretion of the City Engineer and shall be based upon the increased volume and velocity of storm water runoff caused by the development and the volume and velocity of storm water runoff from the common drainage area in its fully developed state, taking into account the effect of all on-site storm water facilities or best management practices constructed by the developer. (c) Upon issuance of a building permit for the subject property, the developer shall provide payment, or post a personal, corporate or property bond, cash escrow, or other method of performance guarantee satisfactory to the Agent co the Planning Commission. 3. Development Standards. standards shall be used: The followinq development A. All lighting on the property shall cons!sc of lighting fixtures designed with shields that direct illumination away from adjoining residential neighborhoods and ad]acent schools. B. All dumpsters, loading docks -- ' heat~_ng/ai conditioning and handling units located on the prc.certy, !nciudlng roof mounted equipment, shall be screened from view from adjacent oroperties by landscaping masonry or ~ ~ ~ , me_a~ screen walls, cr fencing. C. A six-foo~ high vinyl coated, black chain link fence shall be constructed as shown the development plan. D. Landscaping along Cove Road shall be installed and maintained that consists of three rows of evergreen and deciduous trees which shall be a minimum of 8 feet in height at the time of planting and placed on 15 foot centers. E. Landscaping along the entire length of the property line extending from Cove Road to Ferncliff Avenue shall be installed and maintained that consists of two rows of evergreen and deciduous trees a minimum of 8 feet in height at the time of planting and placed on 15 foot centers. F. The exterior treatment of all buildings on the property shall have consistent use of architectural detail and materials on all four sides of the building. 4. Uses. A. The following uses shall not be permitted on ~rac~s or out parcels fronting on Ferncliff Avenue, including Official City Tax Nos. 6450118, 6450101, and the easterly 500 feet of Tax No. 6440117: 1. Fast-food restaurants. 2. Neighborhood or highway convenience stores. B. The following use shall not be permitted on the entire property subject to the rezoning: outdoor advertising. 5. Road System. A. The Hershberger Road access aT Hershber9er Park Circle shall be designed and ccns~ruc~d_~ ~-~ ~k_~ Pe~iticn__=~'s ccs~ ATT~3 ~ '~ [Y~-AT- LAW ROAN~K~r. so as to prohibit left turn egress from the property as shown on the proffered site plan (Exhibit 2). B. The second Hershberger Road access shall be limited at Petitioner's cost to right turn-in and right turn-out, as shown on the proffered site plan (Exhibit 2). C. There shall be no additional curb cuts on Hershberger Road other than those shown on the proffered site plan (Exhibit 2). D. The Petitioner shall construct a 5-foot wide sidewalk the entire length of the subject property on the west side of Ferncliff Avenue. The Petitioner shall construct a 5-foot wide sidewalk along the westerly side of the 4.73 acre tract designated as future development from Ferncliff Avenue to the parking area. The Petitioner shall further construct a 5-foot wide sidewalk from Hershberger Road to the parking area on either the north or south side cf the southern most entrance to the property from the southern most Hershberger Road entrance to the property. In addition, the Petitioner shall mark pedestrian crosswalks in the parking area at appropriate locations. See the proffered site plan. (Exhibit 2). E. There will be no more than a total of three ingress/egress points on Ferncliff Avenue for the subject property. Each point of ingress/egress shall be separated by a5 leas~ 200 feet from other points of ingress/egress. F. Development of Retail Building A & B, the propersp- designated as future development (4.73 acres) and the 0.98 acre out parcel (the "Property") shall be permitted frcm a traffic ATTOq,'t~.~S-AT-L,=if standpoint provided the total square footage of development of the Property shall not exceed 135,500 square feet. In the event development of the Property exceeds 135,500 square feet, no such additional development shall be permitted until such time as the Petitioner, its successors and assigns, shall have satisfied the requirements of the City Traffic Engineer and the Virginia Department of Transportation for all road improvements required by such additional development. G. A 5-foot sidewalk will be installed the length of the property on Cove Road. in accord with the City Engineer's specifications for construction of sidewalks. H. The road improvements including land acquisition and land transfer as shown proffered on Plan T-2, dated November 6, 1997, attached as Exhibit "4" shall be designed, constructed and paid for by the Petitioner. In addition, other adjustments to the improvements shown on T-2 as may be required by the City Traffic Engineer and the Virginia Department of Transportation, including the taper on Cove Road shall be designed and constructed and paid for by the Petitioner. Said improvements shall be ccmp!eted within two (2) years of City Council's adopting an Ordinance rezoning this property. Prior to obtaining a zoning permis, the Petitioner, its successors and assigns, shall post a bond in a form and amount satisfactory to the agent for any road improvements required pursuant to this subsection. Attached as Exhibit "3" are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a stree5 cr road frcm the property to be rezoned. WHEREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions cf the Zoning Ordinance of the City of Roanoke. Respectfully submitted thls 15 day of N¢-o~ , 1997. RESPECTFULLY SUBMITTED, Of counsel ,? / EXHIBIT "3" PROPERTY OWNERS Nam9 Address Tax Numbers Hershberger Associates Boddie-Noell Enterprises, Inc. James R. Ridenour, Sr. Whiting Oil Company Doris D. Scott, et al., Trustees A F H Corp. A F H Corp. P.O. Box 1600-Misti Sta~on Rowle~t, TX 75030 6450118 P.O. Box 1600-Misti Staton Rowlett, TX 75030 6450116 P.O. Box 364 Staun~on, VA 24401 6450106 P.O. Box 13026 Roanoke, VA 24030 6450107 1146 Freepor~ Road Pi=~sburgh, PA 15238 2362 Glebe Road Daleville, VA 24083 2363 Glebe Road Daleville, VA 24083 6450108 6450109 6450110 Doris D. Scott, et'al, Trustees Allred Investmen= Company Iris P. Council 1146 Freepor= Road Pittsburgh, PA 15238 P.O. Box 25048 Winston-Salem, NC 27114 6450104 6450111 Best Products Co., Inc. 455 North Cityfront Plaza ~2800 Chicago, IL 60611 6450112 Glenn W. and Gordon H. Ramsey 3324 Trinkle Avenue, NW Roanoke, VA 24012 6440117 Ferncliff South P.O. Box 5127-Housing Mg~ DV-T Webb Richmond, VA 23220 6440120 Delmar L. and Mary Sue Large 205 Park Club Lane-Real es~a~e escrow Williamsville, N'Y 14221 6440114 Secretary of Housing and Urban Development 3600 W. Broad Street-Room 235 Richmond, VA 23230 6440115 Gregory W. Brower or Stewart J. Wright 1143 Grayson Avenue, Roanoke, VA 24017 6440207 Appalachian Bower Company and J.B. Berg-Sec-/ & Assr Treas P.O. Box 2021 Roanoke, VA 24022 6440206 Appalachian Power Company P.O. Box 2021 Roanoke, VA 24022 6440205 Appalachian Power Company Cove Road Roanoke, VA 6440203 william L. and Zelma TQ Carter P.O. Box 6402 Roanoke, VA 24017 6440202 william L. Carter P.O. Box 6402 Roanoke, VA 24017 6440201 M K S Associates and Beard Development Corp. 1076 Thomas Jefferson St., NW Washington, DC 24000 2560109 M K S Associates and Beard Development Corp. 1076 Thomas Jefferson, St., NW Washington, DC 24000 2560152 Lee Hartman & Sons, Inc. 3236 Cove Road NW Roanoke, VA 24017 2560151 Gary H. Brown 3237 Cove Road NW Roanoke, VA 24017 2480101 Dick A. and Frankie H. Cook 103 Loving Circle Penhook, VA 24137 2480102 Dick A. and Frankie H. Cook 103 Loving Circle Penhook, VA 24137 2480143 Dick A. and Frankie H. Cook 103 Loving Circle Penhook, VA 24137 2480151 Shadrack Brown, Jr., et al. 3431 Kershaw Road NW Roanoke, VA 24017 2480144 John and Pauline C. Dragan 1406 Lake Avenue Richmond, VA 23226 2480901 Hershberger Associates P.O. Box 1600-Mis~i Staton Rowlet~, TX 75030 6450117 Hershberger Associates P.O. Box 1600-Misti Staton Rowlet~, TX 75030 6450118 Boddie-Noell Enterprises, INC. Staton Rowlet=, TX P.O. Box 1600-Misti 75030 6450116 Hershberger Associates P.O. Box 1600-Mis~i Staton Rowle~, TX 75030 6450117 Doris D. Scott, e= al., Trustees 1146 Freeport Road Pittsburgh, PA 15238 6450104 Wal-Mart Properties, Inc. 702 S W 8th Street-Fred Bunch Bentonville, AR 72716 6640119 Good Good LP 209 East Main Street Martinsville, VA 24112 6640117 Glenn W. and Martha S. Ramsey 3324 Trinkle Avenue, NW Roanoke, VI% 24012 6440118 Z: \gl~O\~ l SA\gC~IE.P~T: ~·f06/30/97' EXHIBIT "¢" PROPERTY OWNERS Name Addres~ ~ Hershberger Associates Boddie-Noell Enterprises, Inc. James R. Ridenour, Sr. Whiting Oil Company Doris D. Scott, et al., Trustees A F H Corp. A F H Corp. P.O. Box 1600-Misti Staton Rowlett, TX 75030 6450118 P.O. Box 1600-Misti Staton Rowlett, TX 75030 6450116 P.O. Box 364 Staunton, VA 24401 6450106 P.O. Box 13026 Roanoke, VA 24030 6450107 1146 FreeDor~ Road Pittsburgh, PA 15238 2362 Glebe Road Daleville, VA 24083 2363 Glebe Road Daleville, VA 24083 6450108 6450109 6450110 Doris D. Scott, et al, Trustees Allred Investment Company Iris P. Council 1146 Freeport Road Pittsburgh, PA 15238 P.O. Box 25048 Winston-Salem, NC 27114 6450104 6450111 Best Products Co., Inc. 455 North Cityfront Plaza ~2800 Chicago, IL 60611 6450112 Glenn W. and Gordon H. Ramsey 3324 Trinkle Avenue, NW Roanoke, VA 24012 6440117 Ferncliff South P.O. Box 5127-Housing Mgt DV-T Webb Richmond, VA 23220 6440120 Delmar L. and Mary Sue Large 205 Park Club Lane-Real estate escrow Williamsville, N-Y 14221 6440114 Secretary of Housing and Urban Development 3600 W. Broad Street-Room 235 Gregory W. Brower or Stewart J. Wright Richmond, VA 23230 1143 Grayson Avenue, NW Roanoke, VA 24017 Appalachian Bower Company and J.B. Berg-Secy & Assr Treas P.O. Box 2021 Roanoke, VA 24022 P.O. Box 2021 Roanoke, VA 24022 Appalachian Power Company Cove Road Roanoke, VA Appalachian Power Company William L. and Zelma TQ Carter Roanoke, VA William L. Carter M K S Associates and Beard Development Corp. M K S Associates and Beard Development Corp. Lee Hartman & Sons, Inc. Gary H. Brown Dick A. and Frankie H. Cook Dick A. and Frankie H. Cook Dick A. and Frankie H. Cook Shadrack Brown, Jr., et al. John and Pauline C. Dragan Hershberger Associates 6440115 6440207 6440206 6440205 6440203 P.O. Box 6402 24017 6440202 P.O. Box 6402 Roanoke, VA 24017 6440201 1076 Thomas Jefferson St., NW Washington, DC 24000 2560109 1076 Thomas Jefferson, St., NW Washington, DC 24000 2560152 3236 Cove Road NW Roanoke, VA 24017 2560151 3237 Cove Road NW Roanoke, VA 24017 2480101 103 Loving Circle Penhook, VA 24137 2480102 103 Loving Circle Penhook, VA 24137 2480143 103 Loving Circle Penhook, VA 24137 2480151 3431 Kershaw Road NW Roanoke, VA 24017 2480144 1406 Lake Avenue Richmond, VA 23226 2480901 P.O. Box 1600-Misti Sta~on Hershberger Associates Boddie-Noell Enterprises, Hershberger Associates Rowlett, TX 75030 6450117 P.O. Box 1600-Misti Sta=on Rowle=t, TX 75030 6450118 Inc. Staton Rowle~t, TX P.O. Box 1600-Mis=i 75030 6450116 P.O. Box 1600-Misti Staton Rowlett, TX 75030 6450117 Doris D. Scott, et al., Trustees 1146 Freeport Road Pittsburgh, PA 15238 6450104 Wal-Mart Properties, Inc. 702 S W 8th Street-Fred Bunch Bentonville, AR 72716 6640119 Good Good LP 209 East Main Street Mar~insville, VA 24112 6640117 Glenn W. and Martha S. Ramsey 3324 Trinkle Avenue, NW Roanoke, VA 24012 6440118 Z : \blzSO\l. ~ SA \H(~E .P~T : t &f06/$0/97 0 ~Z .,.4 c~G~q DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE S.W. - ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 November 12, 1997 File #51 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron & Agee 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Natt: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 8, 1981, I have advertised a public hearing to be held on Monday, November 17, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215~. Church Avenue, S. W., 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, identified as Official Tax Nos. 6450101, 6450118 and 6450117 (formerly 6450101 and 6450102), which property was previously rezoned by the Council of the City of Roanoke, 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 City Planning Commission has recommended that the request be approved. A copy of the City Planning Commission report may be obtained by calling the City Clerk's Office at 853-2541. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:js Enc. H:~REZONING.eT~OME2. DEP Edward A. Natt, Attorney November 12, 1997 Page 2 pc: Dods D. Scott, Walter A. Scott, Jr., and Walter A. Scott, III Trustees, 1146 Freeport Road, Pittsburgh, Pennsylvania 25238 Shadrack Brown, Jr., Shirley Claytor, and Henry Alvin, Trustees, 3431 Kershaw Road, N. W., Roanoke, Virginia 24017 John and Pauline Dragan, 1406 Lake Avenue, Richmond, Virginia 23226 Roanoke City Public Schools, c/o Richard L. Kelley, Post Office Box 13145, Roanoke, Virginia 24031 BNE Restaurant Group, Post Office Box 353, Rocky Mount, Virginia 27802 James R. Ridenour, Sr., Post Office Box 364, Staunton, Virginia 24401 Glenn W., Gordon H. and Jesse M. Ramsey, 3324 Trinkle Avenue, N. W., Roanoke, Virginia 24012 S. J. Lackey, 3113 Hershberger Road, N. W., Roanoke, Virginia 24017 CHARLES h. OSTERHOUO7 MICHAEL S. FE[~GUSON EDWARD A, NATT G. STEVEN AGEE November 13, 1997 TELEPHONE 540-774-1 197 FAX NO, 540-774-096 I VIA F~IHD DELIVERY Mary Parker, City Clerk 456 Municipal Buildin9 215 Church Avenue, SW Roanoke, VA 24011 Re: Home Depot requests Dear Ms. Parker: Enclosed please find the following: a. Third Amended Request of The Home Depot to rezone certain parcels of land containing 32.68 acres, situate in the City of Roanoke. b. Amended Petition to Change Proffered Conditions on an adjoining tract of land. I am providing to you the originals of each of these documents together with the site plan exhibits mentioned in the Third Amended Petition. These matters were considered by the Planning Commission at its meeting held on Wednesday, November 12 and are scheduled to be heard at Roanoke City Council's Public Hearing Session at 7:00 p.m., on Monday, November 17, 1997. On behalf of The Home Depot, I want to express my client's appreciation for your City Staff's willingness to work through this difficult process with The Home Depot. Should you need anything further in anticipation of Monday evening's meeting, please let me know. EAN/laf Enclosures cc: Ms. Evelyn S. Lander Steven J. Talevi, Esq. Mr. Kevin R. Workman Mr. Kenneth E. Baye Very truly yours, Edward A. Natt OSTERHOUDT, FERI3USDN, NATT, AHER"N ATTD R N EYS-AT-LAW RDANOKE, VIRBINIA 24018-1699 VIRGINIA: IN RE: Amended Petition to change proffered conditions for a tract of land containing 13.261 acres, more or less, IN THE COUNCIL OF THE CITY OF ROANOKE ) ) ) ) AMENDED ) PETITION TO ) CHANGE PROFFERED ) CONDITIONS located on the north side of Hershberger) Road (Official Tax Nos.: ) 6450101, 6450118 and 6450117 (formerly ) 6450101 and 6450102) ) ) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. By Ordinance No. 25204, adopted by this Council on July 28, 1980, the property which is the subject of this Petition (identified as Official Tax Nos. 6450101, 6450118 and 6450117 (formerly 6450101 and 6450102) was rezoned from RG-1 General Residential District, to C-2, General Commercial District, subject to certain conditions proffered by the Petitioner. A copy of said Ordinance with the Amendment to Petition is attached hereto as Exhibit "A". 2. That subsequent to the adoption of said Ordinance, the Petitioner has concluded that the proffered conditions need to be deleted and new proffers related to the Home Depot rezoning on adjacent land should be incorporated for this property. Accordingly, the Petitioner wishes to amend the present proffered conditions to delete the same and substitute in their place all conditions proffered with the Home Depot rezoning on the adjacent property, the said proffered conditions being set out in Home Depot's Third Amended Petition to Rezone attached hereto as I'"1 ST £ E H D LI DT, FERGUSDN, NATT, AHERON & ATTD RN EYS-AT-LAW RDANDK£, VIEGINIA 2401,q-16~ Exhibit B". The Petitioner proffers that the zoning will be subject to, and the Petitioner will abide by, said conditions. 3. Attached as Exhibit "C" are the names and addresses of the owner or owners of all property immediately adjacent to or immediately across a street or road from the property which is the subject of this Petition. W~EREFORE, the Petitioner requests that the conditions proffered in connection with and made a part of Ordinance No. 25204 this Council be changed and amended as set forth above, in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Dated: November 13, 1997. Respectfully submitted, THE HOME DEPOT Of Counsel Edward A. Natt, Esq. OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE 1919 Electric Road, SW Roanoke, Virginia 24018 Z: \14P50\L I SA\HOHE2 .PET: [afl 1/13/97 The Roanoke Times Ad Number: 669975 RECEIVED Publisher's Fee: $122.4~ITY Ct.E~'~~-~,,,~, ~FFI OSTERHOUDT, FERGUSON, NA 1919 ELECTRIC ROAD, S.W. ROANOKE, VA 24018 '9'/ NOV 17 ~11:20 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 11/01/97 FULL RUN - Saturday 11/08/97 FULL RUN - Saturday Witness, this 10th day of November 1997 Authorized Signature TO Wt~OM IT MAY (~ON(~N: 2.7, ~7, M 7~ p,m. M M C~b~ ~ ~e ~M~i~I s.w., one.on ~ ~,~ ~,~ N.W., NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, November 17, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of amending proffered conditions presently binding on a tract of land located on the north side of Hershberoer Road, N.W., and designated as Official Tax Nos. 6450101, 6450118 and 6450117 (formerly Official Tax Nos. 6450101 and 6450102), previously conditionally rezoned by Ordinance No. 25204, adopted July 28, 1980. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 29th day of October , 1997. Mary F. Parker, City Clerk. H:\NOTIC E'~NAP-HOME. 1 RECEIVED CITY CLERKS OFFIC~ TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA 28 A3:08 PERTAINING TO THE AMENDMENT OF PROFFERED CONDITIONS REQUEST OF: Home Depot, Tax Nos. 6450117, 118 and 101, Hershberger ) Ferncliff, N.W., amendment of proffered conditions ) AFFIDAVIT COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) TO-WIT: ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 27th day of October, 1997, notices of a public heating to be held on the 5th day of November, 1997, on the rezoning captioned above to the owner or agent of the parcels listed below at Parcel 6450104 2480144 2480901 2480901 6460102 6450116 6450106 6440117 6440119 their last known address: Owner's Name Doris D. Scott Walter A. Scott, Jr. Walter A. Scott, III Trustees Shadrack Brown, Jr. Shirley Claytor Henry Alvin, Trustees John and Pauline Dragan City of Roanoke Roanoke City Schools BNE Restaurant Group James R. Ridenour, Sr. Glenn W. and Gordon H. Ramsey Jesse M. Ramsey S. J. Lackey Martha Pace Franklin Mailing Address 1146 Freeport Road Pittsburgh, PA 25238 3431 Kershaw Road, NW Roanoke, VA 24017 1406 Lake Avenue Richmond, VA 23226 Dick Kelley P. O. Box 353 Rocky Mount, VA 27802 P. O. Box 364 Staunton, VA 24401 3324 Trinkle Avenue, NW Roanoke, VA 24012 3113 Hershberger Road, NW Roanoke, VA 24017 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of October, 1997. ~ x.~ 3' ~',lotary ~ - / RECEIYEI3 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIR(~[1'~[.~LER,K5 (]FFI[;E PERTAINING TO THE AMENDMENT OF PROFFERED C~)']ff)I~]12)~ ~01JEST OF: Home Depot, Tax Nos. 6450117, 118 and 101, Hershberger ) Ferncliff, N.W., amendment of proffered conditions ) AFFIDAVIT COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) TO-WIT: ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 22nd day of September, 1997, notices of a public hearing to be held on the 1 st day of October, 1997, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name 6450104 Doris D. Scott Walter A. Scott, Jr. Walter A. Scott, III Trustees 2480144 Shadrack Brown, Jr. Shirley Claytor Henry Alvin, Trustees 2480901 2480901 John and Pauline Dragan 6460102 City of Roanoke Roanoke City Schools 6450116 BNE Restaurant Group 6450106 James R. Ridenour, Sr. 6440117 6440119 Glenn W. and Gordon H. Ramsey Jesse M. Ramsey S. J. Lackey Martha Pace Franklin Mailing Address 1146 Freeport Road Pittsburgh, PA 25238 3431 Kershaw Road, NW Roanoke, VA 24017 1406 Lake Avenue Richmond, VA 23226 Dick Kelley P. O. Box 353 Rocky Mount, VA 27802 P. O. Box 364 Staunton, VA 24401 3324 Trinkle Avenue, NW Roanoke, VA 24012 3113 Hershberger Road, NW Roanoke, VA 24017 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 22nd day of September, 1997. NOTICE OF PUBLIC HE~G BEFORE THE ROAI~I~I~(3ITy PLANNING COMMISSION - CITY CLERKS OFF!CE TO WHOM IT MAY CONCERN: EP12 P3:00 The Roanoke City Planning Commission will hold a public heating on Wednesday, October 1, 1997, at 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from Home Depot U.S.A., Inc., represented by Edward A. Natt, Attorney, that conditions proffered in conjunction with a rezoning of property located on the north side of Hershberger Road, N.W., Official Tax Nos. 6450101, 6450118 and 6450117 (formerly Official Tax Nos. 6450101 and 6450102), and further set out in Ordinance No. 25204, adopted July 28, 1980, be amended. A copy of said application is available for review in the Department of Planning and Community Development, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, September 16 and September 23, 1997. Please bill: Edward A. Natt, Esquire Osterhoudt, Ferguson, Natt, Aheron and Agee 1919 Electric Road, SW Roanoke, VA 24018 Please send affidavit to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) 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 September 8, 1997 File #51 Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Edward A. Natt, Attorney, representing Home Depot, U.S.A., Inc., requesting 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, identified as Official Tax Nos. 6450101, 6450118 and 6450117 (formerly 6450101 and 6450102), which property was previously rezoned by the Council of the City of Roanoke, 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. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~REZONING.97~HOME.DEP Gilbert E. Butler, Jr., Chair City Planning Commission September 8, 1997 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron & Agee, 1919 Electric Road, S. W., Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney H:\REZONING.97\HOME DEP 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 December 10, 1997 SANDRA H. EAKIN Deputy City Clerk Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke on Monday, December 1, 1997, Council Member Swain requested a status report on major crimes which have been committed in the City of Roanoke during the past Year. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io pc: Rose M. Wooford, Executive Secretary, City Manager's Office 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 first day of December, 1997, THOMAS WINN, III, was appointed as a member of the Youth Services Citizen Board for a term ending May 31, 2000. Given under my hand and the Seal of the City of Roanoke this fifth day of December, 1997 City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of December, 1997, BERNICE F. JONES, was reappointed as a member of the Advisory Board of Human Development for a term ending November 30, 2001. Given under my hand and the Seal of the City of Roanoke this fifth day of December, 1997 City Clerk H:~AGENOA.g7~OATN$.V~O 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 first day of December, 1997, RONALD H. MILLER, was reappointed as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 1998. Given under my hand and the Seal of the City of Roanoke this fifth day of December, 1997 City Clerk H:~GENDA,g"/~3CT;Z2~WI:K:) 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 first day of December, 1997, CHARLES W. HANCOCK was reappointed as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 1998. Given under December, 1997 my hand and the Seal of the City of Roanoke this fifth day of City Clerk H:~AGENDA.gT~3CT2ZWPD 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 first day of December, 1997, LULAR R. LUCKY was reappointed as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2000. Given under my hand and the Seal of the City of Roanoke this fifth day of December, 1997 City Clerk H:~AGENOA.9'/~OATH$.WPO COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of December, 1997, ALLEN L. CLARK was reappointed as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2000. Given under my hand and the Seal of the City of Roanoke this fifth day of December, 1997 City Clerk H:~,Q EN DA.gT~OATHS.WPO COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of December, 1997, WILLIAM E. SKEEN was reappointed as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2000. Given under my hand and the Seal of the City of Roanoke this fifth day of December, 1997 City Clerk H:~AG ENDA.9'~OATHS.WPO COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of December, 1997, JOSEPH F. NASH, JR., was reappointed as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2000. Given under my hand and the Seal of the City of Roanoke this fifth day of December, 1997 City Clerk H:~AG ENDA.97~OATH$.WPO