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HomeMy WebLinkAboutCouncil Actions 06-17-02BESTPITCH 35902-061702 ROAN, OKE CITY COUNCIL REGULAR SESSION JUNE 17, 2002 2:00P. M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order--Roll Call. (Mayor Smith arrived late.) The Invocation was delivered by The Reverend George L. Edwards, Pastor, Melrose Christian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Carder. Welcome. Vice-Mayor Carder. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, June 20, 2002, at 7:00 p.m., and Saturday, June 22, 2002, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE NOW PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEGOV. COM, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541 TO OBTAIN AN APPLICATION. 2 2. PRESENTATIONS AND ACKNOWLEDGMENTS: A Resolution paying tribute to the Honorable W. Alvin Hudson, Jr., and expressing to him the appreciation of this City and its people for his exemplary public service. Adopted Resolution No. 35902-061702. (7-0.) File//80-132 A Resolution paying tribute to the Honorable William White, Sr., and expressing to him the appreciation of this City and its people for his exemplary public service. Adopted Resolution No. 35903-061702. (7-0.) File//80-132 Introduction of guests from Russia who are participating in a training program through Environmental Training Services, Inc. File//80 Presentation of a plaque of appreciation to Council Member Hudson for his services as a member of the Mayor's Committee for People with Disabilities. Christene A. Montgomery, Chair. File #80-110-353 A Resolution memorializing the late The Right Reverend William Henry Marmion, D.D., Third Bishop of the Episcopal Diocese of Southwestern Virginia of Roanoke. Adopted Resolution No. 35904-061702. (6-0.) File #80-367 A Resolution memorializing the late Carl E. Stark, a physician and former Mayor of Wytheville, Virginia. Adopted Resolution No. 35905-061702. (6-0.) File #80-367 3 A Resolution memorializing the late Martha Anne Woodrum Zillhardt, a longtime resident of Roanoke and Fincastle, Virginia. Adopted Resolution No. 35906-061702. (6-0.) File #9-80-367 0 CONSENT AGENDA (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 C-2 Minutes of the regular meeting of City Council held on Monday, May 6, 2002; and the special meeting held on Monday, May 13, 2002; and the Work Session held on Monday, April 29, 2002. Minutes for Work Session held on Monday, April 29, 2002 will be considered at the July 1, 2002 Council meeting. RECOMMENDED ACTION: Dispense with the reading there#f and approve as recorded. A communication from Mayor Ralph K. Smith requesting a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request. File #110-132 C-3 A communication from Alfred T. Dowe, Jr., tendering his resignation as a member of the City Planning Commission and the Roanoke Neighborhood Partnership Steering Committee. RECOMMENDED ACTION: File 0110-200-488 Receive and file the accept the resignation. communication and 4 C-4 Qualification of the following persons: Sherman A. Holland as a member of the Youth Services Citizen Board for a term ending May 31, 2005; and Geraldine LaManna for a term ending March 31,2003, and Carl H. Kopitzke for a term ending March 31, 2004, as members of the Parks and Recreation Advisory Board. RECOMMENDED ACTION: Receive and file. File #15-67-110-304 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: ao A communication from Mayor Ralph K. Smith requesting approval of a minor revision in the order of the City Council agenda. Adopted Ordinance No. 35907-061702. (6-0.) File #24-132 A communication from the Honorable Arthur B. Crush, III, Clerk of Circuit Court, recommending acceptance of $63,424.00 from the Compensation Board of Virginia-Technology Trust Fund, for upgrades to and maintenance of recordation equipment; and a communication from the City Manager concurring in the recommendation. Adopted Budget Ordinance No. 35908-061702 and Resolution No. 35909-061702. (6-0.) File #60-214-472 5 Request of Lincoln Terrace Samm Network to present the School district's partnership recognition. Lissy Merenda, Supervisor, School- Community Relations, Marketing and Parmerships; and Frieda Hines, Principal, Lincoln Terrace Samm Network. No action. File/t467 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: A communication recommending acceptance of Emergency Shelter Grant funds for fiscal year 2002-03, in the amount of $76,000.00, from the U. S. Department of Housing and Urban Development; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 35910-061702 and Resolution No. 35911-061702. (6-0.) File #60-178-200-236 A communication recommending acceptance of fiscal year 2002-03 funds for the HOME Investment Parmerships Program from the U. S. Department of Housing and Urban Development; and appropriation and transfer of funds in connection therewith. Adopted Budget Ordinance No. 35912-061702 and Resolution No. 35913-061702. (6-0.) File #60-178-236 o A communication recommending acceptance of fiscal year 2002-03 funds for the Community Development Block Grant program from the U. S. Department of Housing and Urban Development; and appropriation and transfer of funds in connection therewith. Adopted Budget Ordinance No. 35914-061702 and Resolution No. 35915-061702. (5-0, Council Member Bestpitch abstained from voting.) File//60-200-236 A communication recommending acceptance of the bid submitted by The Presidio Corp., to upgrade the City's fiber optic based metropolitan area network to a symmetrical optical network (SONET), in the amount of $683,905.67; rejecting all other bids received by the City; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 35916-061702 and Resolution No. 35917-061702. (6-0.) File//60-262-383-472 o A communication recommending execution of contracts for consulting services with Hayes, Seay, Mattern and Mattern, Inc., in the amount of $71,200.00, and Mattern and Craig, Inc., in the amount of $60,600.00, for bridge, overhead sign structure and tunnel inspection services. Adopted Resolution Nos. 35918-061702 and 35919-061702. (6-0.) File//102-107-405 o A communication recommending acceptance of projected Federal funds, in the amount of $151,193.00, from the United States Department of Agriculture Food and Nutrition Service; and transfer and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 35920-061702 and Resolution No. 35921-061702. (6-0.) File//60-236-304 7 A communication recommending appropriation of $192,506.00 to provide design and consulting services for four water system distribution improvement projects. Adopted Budget Ordinance No. 35922-061702. (6-0.) File #60-405-468 The Mayor entered the meeting 3:15 p.m. A communication recommending transfer of $195,000.00 in connection with design of various stormwater management projects. Adopted Budget Ordinance No. 35923-061702. (7-0.) File #27-60-468 A communication recommending execution of Change Order No. 2 to the contract with Breakell, Inc., in connection with the Railside Linear Walk - Phase V, in the amount of $37,640.00. Adopted Ordinance No. 35924-061702. (7-0.) File #392 10. A communication recommending execution of Change Order No. 3 to the contract with Mid Eastern Builders, Inc., to address changes at the Crystal Spring Water Treatment (Filtration) Plant, in the amount of $41,224.00. Adopted Ordinance No. 35925-061702. (7-0.) File #468 11. A communication recommending execution of a five-year contract with Tickets.com, Inc., to provide ticketing services at the Roanoke Civic Facilities, with an option to renew for up to five additional years. Adopted Resolution No. 35926-061702. (7-0.) File #192 8 12. A communication recommending acceptance of the bid submitted by Acken Signs, Inc., to provide a new freestanding sign ("marquee") at the Roanoke Civic Center, in the amount of $139,373.00; and rejecting all other bids received by the City; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 35927-061702 and Ordinance No. 35928-061702. (7-0.) File #60-107-192 13. A communication recommending transfer of $484,264.00, in connection with fundingrecommendations of the Human Services Committee for qualified agencies for fiscal year 2002-03; and execution of contracts with certain agencies for performance audits in the amount of $11,000.00. Adopted Budget Ordinance No. 35929-061702 and Resolution No. 35930-061702. (7-0.) File #10-60-72-110 14. A communication recommending transfer of' $289,112.00, in connection with recommendations of the Roanoke Arts Commission for funds to be allocated to cultural agencies for fiscal year 2002-03. Adopted Budget Ordinance No. 35931-061702. (7-0.) File #60-110-230 15. A communication recommending acceptance of a Juvenile Accountability Incentive Block Grant allocation from the Department of Criminal Justice Services, in the total amount of $48,493.00 ($34,706.00 Roanoke City and $13,787.00 Roanoke County); and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 35932-061702 and Resolution No. 35933-061702. (7-0.) File #5-60-236-304 16. A communication with regard to the Comprehensive Services Act Supplemental Allocation. Adopted Budget Ordinance No. 35934-061702 (7-0.) File #60-72 17. A communication recommending execution of an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of marketing the Roanoke Valley as a regional destination for convention and destination tourism, for a one-year term commencing July 1, 2002, in the amount of $827,154.00. Adopted Resolution No. 35935-061702. (7-0.) File #293-336 18. A communication with regard to Solid Waste Management bulk and brush. Adopted Ordinance No. 35936-061702. (7-0.) File #24-144 19. A communication floating holiday employees. recommending Friday, July 5, 2002, as a for all non-temporary City of Roanoke Adopted Ordinance No. 35937-061702. (7-0.) File #24-184 20. A joint communication of the City Manager and the Director of Finance recommending transfer of funds between certain accounts and the use of excess budgeted personnel lapse funds. Adopted Budget Ordinance No. 35938-061702. (7-0.) File #60-184 l0 21. A joint communication of the City Manager and the Director of Finance in connection with transfers to Internal Service Fund budgets. Adopted Budget Ordinance No. 35939-061702. (7-0.) File #60-355 22. A joint communication of the City Manager and the Director of Finance with regard to Capital Projects Fund close out for fiscal year 2001-02. Adopted Budget Ordinance No. 35940-061702. (7-0.) File #60-217 23. A communication recommending acceptance of a Bulletproof Vest Parmership Grant from the U. S. Department of Justice, in the amount of $5,182.75; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 35941-061702 and Resolution No. 35942-061702. (7-0.) File #5-60-236 24. A communication recommending amendment to the Fee Compendium in connection with outdoor dining to provide an incentive to restaurants for calendar year 2002. Adopted Ordinance No. 35943-061702. (7-0.) File #289-555 bo CITY Council Member Bestpitch requested that the amount charged per square foot of space be included on the Pending Items List for review on or before December 31, 2002. ATTORNEY: A report recommending adoption of a measure to readopt and reenact the Code of the City of Roanoke (1979), as amended. Adopted Ordinance No. 35944-061702. (7-0.) File #24 A report with regard to establishment of annual salaries for the Mayor, Vice-Mayor and Members of Council for the fiscal year beginning July 1, 2004. Tabled until the regular meeting of Council on Monday, July 1, 2002, at 2:00 p.m. File #132 o A report recommending adoption of a measure to amend the Code of the City of Roanoke (1979), as amended, with regard to parking at the Roanoke Regional Airport. Adopted Ordinance No. 35945-061702. (6-0.) File #9-24 A report recommending adoption of a measure to amend the City Charter to increase the threshold for formal competitive procurement from $30,000.00 to $50,000.00. Adopted Ordinance No. 35946-061702. (6-0.) File #24-50-497 c. DIRECTOR OF FINANCE: A report recommending appropriation of funds for various school grants for fiscal year 2002-03. Adopted Budget Ordinance No. 35947-061702. (6-0.) File #60-236-467 7. REPORTS OF COMMITTEES: ao Presentation of the Annual Report of the Fair Housing Board. Brenda Powell, Chair. No action. File gl09-110-178 12 bo A communication from the Roanoke City School Board requesting the close out of 49 school grants; and a report of the Director of Finance recommending that Council concur in the request. William L. Murray, Director of Business Services, Roanoke City Public Schools. Concurred in request. File #236-467 Co A communication from the Roanoke City School Board requesting reallocation of VPSA Bond funds from Fishburn Park and Fairview Elementary Schools renovations; and a report of the Director of Finance recommending that Council concur in the request. William L. Murray, Director of Business Services, Roanoke City Public Schools. Adopted Budget Ordinance No. 35948-061702. (7-0.) File #53-60-467 The Council meeting was declared in recess at 5:05 p.m. to be reconvened at 7:00 p.m. in the City Council Chamber. 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: An Ordinance establishing compensation for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for fiscal year beginning July 1,2002, effective July 31, 2002. Adopted Ordinance No. 35949-061702. (6-0.) File #1-38-60-83-104-162-280 10. MOTIONS AND MISCELLANEOUS BUSINESS: ao Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. In view of the resignation of Sherman P. Lea as a Trustee of the Roanoke City School Board, Council Member Harris requested that the City Attorney review the procedure for filling an unexpired term. The City Attorney advised that prior to the filling of a vacancy on the School Board created by other than the ordinary expiration of a term, Council shall, at least seven days prior to the appointment, hold a public hearing to receive the views of citizens. At least ten days prior to any such hearing, public notice shall be given by publication in a newspaper of general circulation in the City. Before any person is appointed to the School Board, the individual's name shall be considered at a public hearing. File #110-467 Council Member Bestpitch referred to a communication from Ms. Loretta A. Young, sister of the late Donald McArthur Young, who was killed during an attack on the Pentagon on September 11, 2001, expressing appreciation of the Young family for the recognition her brother received at the Roanoke Valley Memorial Day Ceremony which was held on Monday, May 27 in Lee Plaza in downtown Roanoke. File #80-367-518 The Mayor encouraged citizens of the Roanoke Valley to attend and participate in numerous July 4 activities, i.e; celebration at Victory Stadium, Williamson Road parade sponsored by the Williamson Road Area Business Association, and Roanoke River Clean-up sponsored by the Kiwanis Club. File #122-317 14 Council Member Wyatt referred to continuing concerns of business owners in the area of Williamson Road/Trinkle Avenue, N. W., regarding teenagers congregating from dusk until midnight. She advised that business owners support the gating/barricading of that portion of Williamson Road to vehicular traffic, and requested that the matter be referred to the City Manager to contact effected businesses. File #20-66-304-514 be Vacancies on various authorities, boards, commissions and committees appointed by Council. Pamela S. White was appointed as member of the Roanoke Public Library Board for a term ending June 30, 2005. File #110-323 11. CITY MANAGER COMMENTS: In view of the current water shortage, the City Manager advised that as of Tuesday, June 18, 2002, the City of Roanoke will begin the purchase of water from the City of Salem and the purchase of water from Roanoke County on Friday, June 21, 2002. She further advised that the City will observe mandatory water restrictions beginning Tuesday, June 18, with no outdoor water usage permitted; it is anticipated that the Crystal Spring Reservoir will be online in early October as opposed to November; on a temporary basis, it is hoped to implement a micro filtration system at Crystal Spring Reservoir, which, if approved, could be in effect in 30-45 days; two additional wells are online for water production; locations where citizens any obtain non-potable water for yards and garden purposes will be announced; and there will be continuing public education on the use of available water sources. File #468 12. HEAR/NG OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Ms. Helen E. Davis, 35 Patton Avenue, N. E., addressed Council with regard to providing screen doors for housing units at the Lincoln Terrace housing development. She stated that although it is regrettable that screen doors will not be furnished by the Roanoke Redevelopment and Housing Authority, it was hoped that City Council would demand that the Housing Authority install screen doors on both the front and back doors of residences. File #66-178 Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that it is with much sadness that the following items are to be passed from the current Council to the Council that will take office on July 1, 2002: Inappropriate expenditure of taxpayers' money to award bonuses to selected City employees without regard to established personnel guidelines. e The proposed closing of several fire stations in predominantly black neighborhoods with little information regarding replacement stations, locations, dates, etc. ® Despite the City Manager's efforts regarding refuse collection service in the northwest section of the City, there have been no improvements, and conditions have deteriorated since curbside refuse collection service was initiated. e The police satellite station in the northwest section of the City, although improperly manned, was closed and no relocation plans were announced. e Citizens of Roanoke have not been fairly represented (residents of Lincoln Terrace housing development presented petitions to Council regarding the need for screen doors on both the front and back of residences). e Will Victory Stadium be demolished and a smaller complex constructed on contaminated land in a well established commercial and residential area; and will additional testing be done with regard to noise and light filtering into the neighboring area? 7. The immediate scheduling of a City-wide meeting to inform citizens with regard to the Volunteer Committee's recommendations for improvements to Booker T. Washington Park. File #5-66-67-70-110-122-144-178-184 No Closed Session was held. THE MEETING WAS DECLARED IN RECESS FOR DINNER AT 5:00 P.M., FOLLOWING WHICH MEMBERS OF COUNCIL AND CITY STAFF ATTENDED THE SOUTHEAST COMMUNITY CELEBRATION RALLY TO KICK OFF THE PROCESS TO REVITALIZE THE BULLITT-JAMISON CORRIDOR. LOCATION: CORNER OF JAMISON AVENUE AND llTH STREET, S. E. THE CITY COUNCIL MEETING RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER. ROANOKE CITY CO UNCIL REGULAR SESSION JUNE 17, 20O2 7:00P. M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-- Roll Call. (Council Member Hudson was absent.) The Invocation was delivered by Mayor Ralph K. Smith. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. Welcome. Mayor Smith. NOTICE: Tonight's meeting will be televised by RVTV Channel 3 to be replayed on Thursday, June 20, 2002, at 7:00 p.m., and Saturday, June 22, 2002, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. A. PUBLIC HEARINGS: Public hearing on the request of Baker Avenue Properties, Ltd., that a portion of an alley extending in a westerly direction from 31 st Street, N. W., between Baker Avenue and Breckinridge Avenue, for a distance of approximately 209.5 feet through the middle of property bearing Official Tax No. 2510104, be permanently vacated, discontinued and closed. Daniel F. Layman, Jr., Attorney, Spokesperson. Adopted Ordinance No. 35950-061702. (6-0.) File #514 Public hearing on the request of Carilion Medical Center and the City of Roanoke Redevelopment and Housing Authority that six parcels of land lying on the south side of Jefferson Street, S. E., between the Norfolk Southern fight-of-way and the Roanoke River, bearing Official Tax Nos. 4040501 - 4040503, inclusive, and 4040506 - 4040508, inclusive, be rezoned from HM, Heavy Manufacturing District, to INPUD, Institutional Planned Unit Development District, subject to certain proffered conditions. Michael Ballantyne, Senior Vice-President of System Services - Facilities Services, Carilion Health System; Robert B. Manetta, Associate General Counsel, Carilion Health System; and Darlene L. Burcham, City Manager, Spokespersons. Adopted Ordinance No. 35951-061702. White abstained from voting.) File #51 (5-0, Council Member o Public hearing on the request of Matthew T. and Sally G. O'Bryan that a portion of property located at 902 Penmar Avenue, S. E., being a 0.0324 acre portion, more or less, of Official Tax No. 4130410, be rezoned from RM-1, Residential Multi-Family Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Edward A. Natt, Attorney, Spokesperson. Adopted Ordinance No. 35952-061702. (6-0.) File #51 Public heating on the request of Robert Evan, L.L.C., that a portion of Hite Street, S. W., extending from the southerly end of the existing cul-de-sac in a southerly direction for approximately 371.06 feet, more or less, to the northerly line of the right-of-way ofU. S. Route 220 in the City of Roanoke, be permanently vacated, discontinued and closed. Edward A. Natt, Attorney, Spokesperson. Tabled until the regular meeting of Council on Monday, July 15, 2002, at 7:00 p.m. File #514 o Public hearing on a proposal of the City of Roanoke to consider amendment and revision to Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to increase the number of members of the Board of Zoning Appeals for the City of Roanoke, and to increase the number of concurring votes necessary for the Board to act. Darlene L. Burcham, City Manager; and William M. Hackworth, City Attorney. Adopted Ordinance No. 35953-061702. (6-0.) File #24-51-110 o Public heating on a proposal of the City of Roanoke to consider amendment and revision to Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to provide for towing services and wrecker services under certain conditions in General Commercial, Light Manufacturing, and Heavy Manufactuting Districts. Evelyn D. Dorsey, Zoning Administrator. The matter was referred back to the City Planning Commission for further study, report and recommendation to Council. File #51 o Public hearing on a proposal of the City of Roanoke to lease 3,000 square feet of retail space in the Market Square Parking Garage, 11 Campbell Avenue, S. W., to Orvis Roanoke, Inc., for a petiod of no more than five years. Darlene L. Burcham, City Manager. Adopted Ordinance No. 35954-061702. (6-0.) File #373-516 20 o Public heating on a request of the City of Roanoke to grant an easement across City-owned property located between Wasena Park and 13th Street, to Appalachian Power Co., d/b/a American Electric Power, to relocate and reconstruct existing electrical transmission and distribution lines and to vacate existing easements, in connection with the Roanoke River Flood Reduction Project. Darlene L. Burcham, City Manager. Adopted Ordinance No. 35955-061702. (6-0.) File #28-67-268 HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr. Robert Gravely, 1617 Hanover Avenue, N. W., addressed Council with regard to the water shortage and insufficient wages for City employees. File #66-184-468 21 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35902-061702. A RESOLUTION paying tribute to the Honorable W. Alvin Hudson, Jr., and expressing to him the appreciation of this city and its people for his exemplary public service. WHEREAS, in concluding his four-year term as a member of Roanoke City Council in the year 2002, W. Alvin Hudson, Jr. concludes more than 50 years of public service with the City of Roanoke. WHEREAS, Mr. Hudson grew up in Roanoke and was educated at Vir~nia Western Community College, the University of Virginia, the University of Georgia, and Northwestern University of Continuing Education. WHEREAS, Mr. Hudson began his career as a patrol officer for the Roanoke Police Department in 1950 and worked his way up to Commander in the Uniform Division. WHEREAS, in 1977, Mr. Hudson was appointed as Sheriff of the City of Roanoke and served in that position for 20 years. WHEREAS, Mr. Hudson has been active in the community through his membership in groups such as the Masons (Lakeland Lodge #1), the Scottish Rite of Freemasonry, the Kazim Temple, the American Legion Post 3, the 29u' Division Association and a number of other civic organizations; and served as a past president of the Virginia State ShefiWs Association and on the Miss Virginia Pageant board of directors for 44 years. H:XMEASURESh'-hudson farewell.wlxl WHEREAS, Mx. Hudson was elected as a member of City Council in 1998 and has served one tenn. WHEREAS, as a member of City Council, Mr. Hudson served on the Budget and Planning Committee, the Personnel Committee, the Board of Directors of Greater Roanoke Transit Company, the Audit Committee, the War Memorial Committee, the Roanoke Valley Regional Cable Television Committee, the Roanoke Civic Center Commission, the Mayors' Committee for People with Disabilities, the Virginia CARES Board of Directors, and the VML Transportation Committee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council adopts this means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable W. Alvin Hudson, Jr. 2. The City Clerk is directed to forward an attested copy of this resolution to the Honorabl~ W. Alvin Hudson, Jr. ATTEST: City Clerk. H:~M EAS URE S~r-h udson fare well.wixl IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35903-061702. A RESOLUTION paying tribute to the Honorable William White, Sr., and expressing to him the appreciation of this City and its people for his exemplary public service. WHEREAS, in concluding his four-year term as a member of Roanoke City Council in the year 2002, William White, Sr. concludes 12 years of public service. WHEREAS, Mr. White was bom in Little Rock, Arkansas, and educated at the University of Arkansas at Pine Bluff, earning a degree in business administration with a minor ;e accounting. WHEREAS, Mr. White served as a senior staff accountant at Appalachian Power Co. an~l as a senior accountant for Peat, Marwick, Mitchell and Co. WHEREAS, Mr. White, is a local businessman who has established his own accounting firm, William White, Sr., Certified Public Accountant, in Roanoke. WHEREAS, Mr. White has served as a member of Vir~nia Health Service Cost Review Commission, the Roanoke Industrial Development Authority, and the Roanoke City Economic Development Commission. WHEREAS, Mr. White was appointed to the Roanoke City School Board in June 1985 to fill an unexpired term and was reappointed to serve a three-year term in July 1987. WHEREAS, while on the School Board, Mr. White served as a member of its Long Range Planning Committee and Budget Advisory Committee, and as its Vice Chairman. WHEREAS, Mr. White was elected as a member of City Council in 1990 and has served three consecutive terms. H:~4 EAS URES~r-white farewell, wpd WHEREAS, as a member of City Council, Mr. White served on the Budget and Planning Committee, Personnel Committee, the Board of Directors of the Greater Roanoke Transit Company, Hotel Roanoke Conference Center Committee, and as chair of the Audit Committee and Legislative Affairs Committee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council adopts this means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable William White, Sr. 2. The City Clerk is directed to forward an attested copy of this resolution to the Honorable William White, Sr. ATTEST: City Clerk. H:'~V[ EAS URES'~'-whi te farewell.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of 3une, 2002. No. 35904-061702. A RESOLUTION memorializing the late The Right Reverend William Henry Marmion, D.D., Third Bishop of the Episcopal Diocese of Southwestern Virginia, of Roanoke. WHEREAS, the members of Council learned with sorrow of the passing of Bishop Marmion on Thursday, May 30, 2002; and WHEREAS, Bishop Marmion attended the public schools of Houston, Texas, and received his B.A. from Rice University in 1929 and his B.D. from the Virginia Theological Seminary in Alexandria, Virginia in 1932; and WHEREAS, Bishop Marmion was ordered Deacon on July 20, 1932 and advanced to the priesthood on April 5, 1933 by the Right Rev. Clinton S. Quin, D.D., Bishop of Texas; and WHEREAS, Bishop Marmion served as Priest in Charge of St. James' Church, Taylor and Grace Church, Georgetown, Texas from 1932 to 1935, and was Associate Minister at St. Mark's Church, San Antonio, Texas from 1935 to 1938; and WHEREAS, Bishop Marmion was Rector of St. Mary's on the Highlands, Birmingham, Alabama, from December 1938 to September 1950; and became Rector of St. Andrews Church, Wilmington, Delaware on September 15, 1950; and WHEREAS, Bishop Marmion was consecrated the Third Bishop of the Episcopal Diocese of Southwestern Virginia at St. John's Church, Roanoke on May 13, 1954; and H:~! EASURES~r-bishopmarmion.wpd WHEREAS, Bishop Marmion served as President of the Board of Trustees of Virginia Episcopal School, Smart Hall and Boys' Home, Inc., in the Diocese of Southwestern Virginia and as a member of the Board of Trustees of the Virginia Theological Seminary, the Episcopal High School at Alexandria and of St. Paul's College in Lawrenceville, Virginia; and WHEREAS, Bishop Marmion was the past chairman of the Department of Christian Social Relations of the Executive Council, of the Church and Race Fund Committee, and of the Long Range Planning Committee; and WHEREAS, Bishop Marmion served as a member of the Ecumenical Relations Committee, the Committee on World Relief and Interchurch Aid and of the American Church Institute; and WHEREAS, Bishop Marmion led Southwest Virginia Episcopalians through the turbulence of the civil rights movement and into the era of ordaining women. ~ ' THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Bishop William Henry Marmion, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Bishop Marmion's sons, William Henry Marmion, Jr., of Dallas, Texas, and Roger Nall Marmion, of Roanoke, Vir~nia. ATTEST: City Clerk H:hM EASURES~r-bishopmarmion .wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us June 21,2002 File #80-367 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Ms. Anne B. Crockett-Stark 805 West Fulton Street Wytheville, Virginia 24382 Dear Ms. Crokett-Stark: I am enclosing copy of Resolution No. 35905-061702 memorializing your late husband, The Honorable Carl E. Stark. The Mayor, Members of Council and citizens of the City of Roanoke send their deepest condolences. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure H:'xAget~da.02~.lune 17, 2002 correspondencc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35905-061702. A RESOLUTION memorializing the late Carl E. Stark, a physician and former Mayor of the Wytheville, Virginia. WHEREAS, the members of Council learned with sorrow of the passing of Dr. Stark on Wednesday, June 5, 2002; and WHEREAS, Dr. Stark was a native of Poughkeepsie, New York; and WHEREAS, Dr. Stark was a United States Army veteran of World War II and served as a translator for the Nuremberg trials; and WHEREAS, Dr. Stark was a prominent physician and past President of the Virginia Medical Society; and WHEREAS, Dr. Stark served as Mayor of Wytheville for 28 years; and WHEREAS, Dr. Stark was an a~dve member of Holy Trinity Lutheran Church, where he served as a Lutheran Lay Minister, and WI-IEREAS, Dr. Stark was Presidem of The Great Lakes to Florida Association, Chairman of Virginia State Parks and Recxeation, Chairman of the Mount Rogers Transportation Committee, past District Governor of Lions of Virginia, and past president of the Virginia Municipal League; and WHEREAS, .Dr. Stark was a past Master of Wytheville Masonic Lodge//82, A.F. & A.M., and a past Patron of Evansham Chapter//97, Order of the Eastern Star. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Carl E. Stark, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Dr. Stark's widow, Anne B. Crockett-Stark, of Wytheville, Virginia. ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35906-061702. A RESOLUTION memorializing the late Martha Anne Woodrum Zillhardt, a longtime resident of Roanoke and Fincastle, Virginia. WHEREAS, the members of council learned with sorrow of the passing of Ms. Zillhardt on Wednesday, May 22, 2002; and WHEREAS, Ms. Zillhardt was a graduate o f Jefferson High School and Gunston Hall School in Washington, D.C.; and WHEREAS, upon her graduation, Ms. Zillhardt managed the 1936 Congressional Re- Election Campaign of her father, the late U.S. Representative, Clifton A. Woodmm, Sr.; and WHEREAS, Ms. Zillhardt was employed for several years by WDBJ Radio Station; and WHEREAS, at age 26, Ms. Zillhardt became the fn'st woman in Vir~nia to earn an instrument rating pilot's license; and WHEREAS, in 1940, Ms. Zillhardt established Woodrum Flying Service, a flight school and charter service at Roanoke's Woodmm Field, and ran an airport fixed-base operation; and WHEREAS, Ms. Zillhardt produced the first All State Air Show with the Roanoke Jaycees in 1949; and WHEREAS,'in 1950, Ms. Zillhardt won her division in the Ninety Nine Transcontinental Air Race (Powder Puff Derby); and WHEREAS, Ms. Zillhardt was a former member of the Roanoke Airport Advisory Committee and was inducted into the Virginia Aviation Hall of Fame in 1985; and H:LMEASURES~r-marthawoodrumzillhardt.wpd WHEREAS, Ms. Zillhardt was a member of the Junior League of Roanoke, the Roanoke Assembly, and the Roanoke Women's Democratic Club. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Martha Anne Woodrum Zillhardt, and extends to her family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Ms. Zillhardt's nephews, Clii~on A. "Chip" Woodrum, Ill, and M. Lanier Woodrum of Roanoke, Virginia. ATTEST: City Clerk. H:'uM EASURES~r-marthawoodrumzillhardt.wpd NOTICE: MINUTES FOR THE WORK SESSION HELD ON MONDAY, APRIL 29, 2002 ARE CONTAINED IN THE JULY 1, 2002 COUNCIL ACTIONS FILE. REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL C-1 May 6, 2002 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, May 6, 2002, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reqular Meetin.qs, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William H. Carder, Linda F. Wyatt, W. Alvin Hudson, Jr., William White, Sr., C. Nelson Harris, William D. Bestpitch and Mayor Ralph K. Smith .................. . ..... 7. ABSENT: None. .0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith requesting a Closed Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body. Mr. Bestpitch moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Wyatt, Hudson White, Harris, Bestpitch and Mayor Smith ................................................................................................. -7. NAYS: None .......................................................................................... 0. COMMITTEES-CITY MANAGER-CITY PROPERTY: A communication from the City Manager requesting a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before Council. Mr. Bestpitch moved that Council concur in the request of the City Manager to convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Wyatt, Hudson, White, Harris, Bestpitch and MayorSmith ............................................................................................ 7. NAYS: None .................................................................................... 0. At 12:20 p.m., the Mayor declared the meeting in recess to be reconvened in the Council's Conference Room for the purpose of holding one Closed Session which was previously approved by Council. At 1:30 p.m., the Mayor declared the meeting in recess to be reconvened in the Emergency Operations Center Conference Room, Room 159, for a briefing on the City of Roanoke Pension Plan and fiscal year 2002 revenues, with potential changes to proposed fiscal year 2003. At 1:35 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, Room 159, for a briefing with regard to the City of Roanoke Pension Plan, with Mayor Smith presiding and all Members of the Council in attendance. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, CityAttorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. PENSIONS: The Director of Finance introduced a briefing in regard to changes to the City's Pension Plan. He called upon Harold R. Harless, Acting Retirement Administrator, for a detailed briefing. Mr. Harless advised that in 1926, the City of Roanoke established its first retirement system - Police and Fire system; in 1946, the second retirement system, the Employees Retirement System governing police and fire, as well as other employees of the City was established; and in 1984, a third system was created, the Employees Supplemental Retirement System. He stated that subsequent to the 1984 restatement, numerous changes have been made to Chapter 22.1 of the City Code; and a required amendment of all IRS qualified plans provided an opportunity to restate the Plan to increase ease of understanding and administration, the result of which was a better organized and more user-friendly Plan document. He stated that the Plan has evolved from a single employer plan to a multiple employer plan; participating employers are clearly identified; i.e.: City of Roanoke, Roanoke Regional Airport Commission, Roanoke Valley Resource Authority, Roanoke Valley Juvenile Detention Commission and Roanoke City Schools (Food Service/Maintenance employees); and composition of the Board of Trustees is as follows: two Trustees who are members of the Plan and who are employees of the City, other than an employee of the Police or Fire Department; and one Trustee who is a member of the Plan and an employee of the Police or Fire Department. He explained that a proposed amendment to Board composition provides for two Trustees who are members of the Plan and an employee of a participating Employer (only one of the two may be an employee of a participating Employer other than the City), and a Trustee from the Police or Fire Department remains unchanged. It was explained that further clarification of ESRS of Average Final Compensation provides that clarifying language has been added to avoid penalizing members who have a break in service, and months in which no Creditable Service is earned are not included in the 36 consecutive month period of Earnable Compensation used to calculate Average Final Compensation; and the term "duty", with regard to disability retirement, as used in the existing Plan, has been replaced with more appropriate terminology, i.e.: "further performance of any gainful employment for which the Member if qualified with his most recent Participating Employer". It was noted that currently, the City Code defines the actuarial cost method to be used to determine the employer contribution rate; however, the restated Plan allows the Pension Plan Board of Trustees to adopt a generally accepted actuarial cost method to be utilized for determination of the employer contribution rate. With regard to the Actuarial method to determine employer contributions, Mr. Harless stated that the Board of Trustees has proposed a change from the actuarial cost method required under the current Code; and the proposed actuarial cost method minimizes the potential for significant fluctuation in the required employer contribution in a given year. He explained that the current actuarial method to determine employer contributions is: aggregate method used if Plan has no unfunded liability, recommended contribution rate of 7.15 per cent, entry age normal method used if unfunded liability, if unfunded liability, recommended contribution rate of 11.77 per cent; and the proposed actual method is: projected unit credit method, recommended contribution rate incorporating revised assumptions from experience study of 5.89 per cent; and cost method does not change if there is a change unfunded status. 3 It was further explained that the Economic Growth and Tax Relief Reconciliation Act of 2001 made legal the purchase of prior service credit utilizing a trustee to trustee transfer of assets; and restatement allows members of the Plan to purchase eligible prior service utilizing assets from their Deferred Compensation Plan. In closing, Mr. Harless advised that the IRS Determination Letter filing deadline is June 30, 2002. At 1:58 p.m., the Mayor declared the Council meeting in recess to be reconvened at 2:00 p.m., in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building. At 2:00 p.m., on Monday, May 6, 2002, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Smith presiding. PRESENT: Council Members William H. Carder, Linda F. Wyatt, W. Alvin Hudson, Jr., William White, Sr., C. Nelson Harris, William D. Bestpitch and Mayor Ralph K. Smith .............. --7. ABSENT:None ........ OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend Edward T. Burton, Pastor, Sweet Union Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. PRESENTATIONS AND ACKNOWLEDGMENTS: ACTS OF ACKNOWLEDGEMENT-COMMITTEES-HOUSING/AUTHORiTY. DECEASED PERSONS: Mr. Carder offered the following resolution memorializing the late Willis M. "Wick" Anderson, a former Mayor of the City of Roanoke: 4 (#35824-050602) A RESOLUTION memorializing the late Willis M. "Wick" Anderson, a former Mayor of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 65 page 549.) Mr. Carder moved the adoption of Resolution No. 35824-050602. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Carder, Wyatt, Hudson, White, Harris, Bestpitch and MayorSmith ........... .7. NAYS: None .................. The Mayor presented a ceremonial copy of the above referenced measure to Ms. Gerry Keister, cousin of the late Mr. Anderson. LANDMARKS/HISTORIC PRESERVATION: The Mayor presented a proclamation declaring the week of May 12-18, 2002, as National Historic Preservation Week. ACTS OF ACKNOWLEDGEMENT- ECONOMIC DEVELOPMENT: The Mayor presented a proclamation declaring the week of May 12-18, 2002, as Business Appreciation Week. TOURISM: The Mayor presented a proclamation declaring the week of May 5-11, 2002, as National Tourism Week. YOUTH: The Mayor presented a proclamation declaring the month of May 2002 as Childhood Early Intervention Month. ACTS OF ACKNOWLEDGEMENT: Council Member Harris introduced representatives of Faith Christian School, sponsors of the Faith Walk, a community service project that will also benefit the City of Roanoke, which will be held on Friday, May 10, 2002. Bret Jones, student leader associated with the annual fund raiser, advised that for the past three years, Faith Christian School has held a walk-a-thon in which students have solicited sponsors; however, this year, participants will be mulching the trail at Fishburn Park as a dual fund reiser and community project. On behalf of the City of Roanoke, Council Member Harris presented Head Master Sam Cox with a City of Roanoke brass paper weight star. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the regular meetings of Council held on Monday, April 1, 2002, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) Mr. Hudson moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Wyatt, Hudson, White, Harris, Bestpitch and Mayor Smith ........... . .... 7. NAYS: None ..................................................................................... -0. PURCHASE/SALE OF PROPERTY-EASEMENTS-APPALACHIAN POWER COMPANY-PARKS AND RECREATION-FLOOD REDUCTION/CONTROL.UTILITY LINE SERVICES-AMERICAN ELECTRIC POWER: A communication from the City Manager advising that pursuant to the requirements of the Code of Virginia (1950), as amended, the City of Roanoke is required to hold a public hearing on the proposed conveyance of property rights; was before Council. The City Manager requested that Council authorize advertisement of a public hearing for Monday, May 20, 2002, at 7:00 p.m., on as soon thereafter as the matter may be heard, with regard to easements FOR RELOCATION OF American Electric Power transmission and distribution lines Roanoke River Flood Reduction Project. Mr. Hudson moved that Council concur in the request of the City Manager. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Wyatt, Hudson, White, Harris, Bestpitch and MayorSmith ........... 7. NAYS: None .......................................................................................... 0. OATHS OF OFFICE-PARKS AND RECREATION-COMMITTEES: A report of qualification of Erin Garvin for a term ending March 31, 2003; Anita L. Lee for a term ending March 31, 2004; David Walton and Onzlee Ware for terms ending March 31, 2005, as members of the Parks and Recreation Advisory Board, was before Council. Mr. Hudson moved that the reports of qualification be received and filed. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Wyatt, Hudson, White, Harris, Bestpitch and MayorSmith ............ 7. NAYS: None ................................................................................... 0. REGULAR AGENDA COMMITTEES-SCHOOLS: The Mayor advised that on July 1, 2002, there will be two vacancies on the Roanoke City School Board for terms of three years, each, commencing July 1,2002 and ending June 30, 2005; and the following persons were interviewed by Council for the positions on Thursday, April 18, 2002, said interviews having started at 4:30 p.m., in the City Council Chamber: Carl D. Cooper Edward Garner William H. Lindsey William E. Skeen Robert J. Sparrow The Mayor opened the floor for nominations for the two vacancies. Mr. Hudson placed in nomination the name of William E. Skeen. Mr. White placed in nomination the name of Robert J. Sparrow. Mr. Carder placed in nomination the name of Edward Garner. There being no further nominations, Messrs. Skeen and Sparrow were appointed as Trustees of the Roanoke City School Board for terms of three years, each, commencing July 1, 2002 and ending June 30, 2005, by the following vote: FOR MR. SKEEN: Council Members Carder, Hudson, White, Harris, Bestpitch, Wyatt and Mayor Smith .............................................................................. 7. FOR MR. SPARROW: Council Members Wyatt, Hudson, White, Harris and Bestpitch ................................................................................................... -5. FOR MR. GARNER: Vice-Mayor Carder and Mayor Smith ............................ -2. 7 PUBLIC HEARINGS: NONE. PETITIONS AND COMMUNICATIONS: PARKS AND RECREATION-FESTIVAL IN THE PARK: Stuart Israel, Executive Director, Festival in the Park, advised that Festival season 2002 is in full swing, with events like the Celtic Festival, Chili Cook Off, and Local Colors, and in approximately 18 days the 33rd Annual Festival in the Park kicks off with an activity at Victory Stadium. He stated that many people view Festival as an event of the City of Roanoke and the City deserves much credit for its success; Festival has brought thousands of people to downtown Roanoke to enjoy art, crafts, music, theater, children's activities and sports; and Festival is completely self-supporting, however, the City has provided in kind support as a major sponsor. He added that with the current level of City support and in kind services, for every dollar spent by the City in in kind contributions, Festival returns in excess of $1.50. In appreciation of the City's support, he presented Festival in the Parks buttons which will admit Council Members to all Festival activities from May 24 - June 2, 2002. Without objection by Council, the Mayor advised that the remarks of Mr. Israel would be received and filed. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: POLICE DEPARTMENT- GRANTS: The City Manager introduced a briefing on the V-STOP program; whereupon, she called upon Pam Gold, Domestic Violence Specialist, for remarks. Ms. Gold presented a video prepared by RVTV on the V-STOP program, and advised that the City of Roanoke received V-STOP funds from 1999 to date; i.e.: $18,000.00 in 1999, $33,000.00 in 2000, $33,000.00 in 2001, and $27,000.00 in 2002. She presented photographs of domestic violence victims for viewing by Council only, and explained that the grant allows for such photographs and other evidence to aid in the prosecution of misdemeanor and felony domestic assault cases. She stated that evidence collected is critical for prosecution in these types of cases because witnesses are rarely present during the assault; and many cases are dismissed in court because of the unwillingness of the victim to testify in the presence of the abuser. She explained that police responded to 6,511 domestic disorder calls for service in 2001, 1,402 of which were forwarded to her office for follow up, 786 were simple assaults, 67 were aggravated assaults, 63 per cent of the victims received some type of injury during the assault and 82 per cent were female; and in addition in 2001, detectives in the criminal investigation bureau spent a total of 2,034 hours investigating felony domestic related crimes. She advised that in coordination with U. S. Cellular, 40 cellular and digital phones are currently in use; approximately 25 per cent of the victims in Roanoke City do not have residential telephone service, therefore, these phones are vital for communication during an emergency; and victims are referred to other area agencies for additional service such as counseling, shelter and legal advice. Without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: POSTAL SERVICES: The City Manager submitted a communication advising that in an effort to provide postage services in the most cost efficient manner, specifications were developed and an Invitation for Bids were forwarded to seven postal processing firms; and the bid was publicly advertised in accordance with Chapter 23.1, Code of the City of Roanoke, (1979), as amended. It was further advised that the lowest responsible bidder meeting specifications was Automated Mailing Systems, Inc.; based on the bid per piece of mail processed at $.025, plus a one per cent additional fee for front funding actual postage cost paid by the vendor, annual cost of the contract would be approximately $19,150.00; and funding for payment of the contract is available in individual department/division postage Account No. 2160. The City Manager recommended that she be authorized to award the bid and enter into a one-year agreement, with the option to renew for four additional one year periods, with Automated Mailing Systems, Inc., for provision of postage metering, bar coding and presort services, at a contract price of $.025 per piece of mail processed, plus a one per cent additional fee for front funding actual postage cost paid by the vendor, or approximately $19,150.00 per year; and reject all other bids received by the City. Mr. Carder offered the following resolution: (#35825-050602) A RESOLUTION accepting the bid of Automated Mailing Systems, Inc., made to the City for providing outbound postage service, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such services; and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 65, page 551.) Mr. Carder moved the adoption of Resolution No. 35825-050602. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, Hudson, White, Harris, Bestpitch and Mayor Smith .................................................................................................... -6. NAYS: Council Member Wyatt--- .1. ZONING-CONSULTANTS REPORTS: The City Manager submitted a communication advising that according to Section 15.2-2285, Code of Virginia, 1950, as amended, "the planning commission of each locality may, and at the direction of the governing body shall, prepare a proposed zoning ordinance including a map or maps showing the division of the territory into districts and a text setting forth the regulations applying in each district." It was further advised that the last major revision of the City's zoning ordinance was in 1987; in 2001, Council adopted a new Comprehensive Plan, Vision 2001-2020; revisions to the zoning ordinance are needed to provide development and land use tools to implement the plan's recommendations; and development of the new zoning ordinance will include a comprehensive review of the existing zoning ordinance, consideration of future goals for the City as established in Vision 2001- 2020, coordination of public participation processes, and development of new land use regulations that encourage quality development and traditional development patterns that comprise a significant part of the City. It was stated that with approval of a September 4, 2001, Council report, Budget Ordinance No. 35556-090401 appropriated $100,000.00 for funding to provide for professional assistance to update the Zoning Ordinance; and as such, funding in the amount of $99,974.00 is available in Account No. 008-610-9901-9132. It was advised that a Request for Proposal was advertised and notices were sent to national firms known to have an expertise in this area; five written proposals were received and three firms were selected for interviews by the team; the proposal chosen is the venture of the qualified firm of Freilich, Leitner and Carlisle ("Consultant") and the firms of Planning Works, LLC, and The Lawrence Group will serve as subconsultants; and scope of services has been negotiated and consists of the following three phases to be completed in an estimated 15-month timeframe: Phase I. Reconnaissance (June, 2002 - September, 2002) General orientation, data compilation, Reconnaissance Report, and Annotated Code Outline. Phase II - Ordinance Draft (October, 2002 - May, 2003) Drafting of Zoning Ordinance document and document review. l0 Phase III - Adoption (June, 2003 - August, 2003) Planning Commission public hearing and recommendations; City Council public hearing and recommendations; and incorporation of final revisions into Zoning Ordinance as approved and adopted by City Council. tt was pointed out that the negotiated cost of the project is $99,974.00 and includes a camera-ready original for the City, including a digital writeable copy containing properly formatted text and all graphic illustrations contained in the ordinance. The City Manager recommended that Council accept the proposal of Freilich, Leitner & Carlisle ("Consultant"), with Planning Works, LLC, and The Lawrence Group as subconsultants, and that the City Manager be further authorized to execute an agreement with the consultant, approved as to form by the City Attorney, for the above described planning services. Mr. Carder offered the following resolution: (#35826-050602) A RESOLUTION accepting the proposal of Freilich,' Leitner and Carlisle, with the firms of Planning Works, LLC, and The Lawrence Group Architects of North Carolina, Inc., as subconsultants, for professional assistance in updating the City of Roanoke's zoning ordinance, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other proposals made to the City for the work. (For full text of Resolution, see Resolution Book No. 65, page 552.) Mr. Carder moved the adoption of Resolution No. 35826-050602. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Wyatt, Hudson, White, Harris, Bestpitch and MayorSmith ....... .7. NAYS: None .................................................................................... -0. PARKS AND RECREATION-REFUSE COLLECTION-EQUIPMENT: The City Manager submitted a communication advising that the Capital Maintenance and Equipment Replacement Program (CMERP) has identified the need to replace three trucks for the Transportation Division of the Public Works Department; specifications were developed and, along with an Invitation for Bid, were sent to 11 providers; and the bid was publicly advertised in accordance with Chapter 23.1 of the Code of the City of Roanoke (1979), as amended. It was further advised that the lowest bid for three landscape maintenance cab/chassis and bodies was submitted by Super Lawn Truck, Inc., which bid met all specifications, at a price of $54,912.83 per unit; and funding is available from Lease of Vehicle Account No. 017-440-9852-9015. The City Manager recommended that Council award the bid for three landscape maintenance trucks to Super Lawn Truck, Inc., at a total cost of $164,738.49; and reject all other bids received by the City. Mr. Carder offered the following resolution: (#35827-050602) A RESOLUTION accepting the bid of Super Lawn Truck, Inc., for the purchase of three new landscape maintenance cab/chassis and bodies, upon certain terms and conditions; and rejecting all other bids made for such items. (For full text of Resolution, see Resolution Book No. 65, page 553.) Mr. Carder moved the adoption of Resolution No. 35827-050602. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Wyatt, Hudson, White, Harris, Bestpitch and Mayor Smith ............................................................................................. 7. NAYS: None ................................................................................... 0. The Mayor called attention to the submittal of only one completed bid, and advised that with an expenditure of this magnitude, there should be more than one bidder on the cab/chassis and landscape maintenance bodies. He stated that there may be a flaw in the purchasing process if the City is unable to attract more than one bid on a $164,000.00 purchase. BUDGET-TELEPHONE COMPANIES-TELEPHONE EQUIPMENT: The City Manager submitted a communication advising that the State of Virginia mandated that localities take responsibility for answering wireless E911 calls instead of routing the calls for response by the State Police; the Virginia State Wireless E911 Services Board provides funding to the localities for staffing and equipment to provide the service; and the State currently collects 75 cents per month for each wireless telephone user to fund localities for expenses for the services. It was further advised that on December 12, 2001, the Virginia State Wireless E911 Services Board awarded the City of Roanoke an additional $349,790.00 to complete Phases I and II for fiscal year 2001/2002; Wireless Phase II, which provides the location of the caller, is scheduled for implementation on October 1, 2002; and there is no requirement for matching funds. The City Manager recommended that Council appropriate $44,000.00 to E911 Center No. 001-430-4130-2020 for E911 Telephone Bill funding; and appropriate $305,790.00 to an account to be established by the Director of Finance for funding upgrades to software and hardware. Mr. Carder offered the following emergency budget ordinance: (#35828-050602) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General and Department of Technology Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 65, page 554.) Mr. Carder moved the adoption of Ordinance No. 35828-050602. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Wyatt, Hudson, White, Harris, Bestpitch and MayorSmith ........... 7. NAYS: None ............... POLICE DEPARTMENT-ANIMALS/INSECTS: The City Manager submitted a communication advising that the Roanoke City Police Department's Mounted Patrol Unit was formed in 1993; the Mounted Patrol Unit has relied on numerous donations to maintain its operations; in July, 2000, Ms. Diane Dominguez of Palm City, Florida, donated two Friesian homes tothe program; and both homes have been trained and am utilized by the Mounted Patrol Unit. It was further advised that Ms. Dominguez has offered to donate another Friesian horse to the Mounted Patrol Unit, which is a three-year old gelding, docile, and suitable for police training, valued at $30,000.00; accepting the additional home would allow the retirement of one of the Unit's older mounts; and City Code Section 2-263 requires action by Council to approve acceptance of gifts exceeding $5,000.00 in value. The City Manager recommended that Council authorize acceptance of a Friesian horse from Ms. Diane Dominguez of Palm City, Florida. Mr. Bestpitch offered the following resolution: (#35829-050602) A RESOLUTION accepting the donation of a Friesian horse for use by the City's Mounted Patrol Unit of the Police Department, and expressing appreciation for such donation. (For full text of Resolution, see Resolution Book No. 65, page 555.) Mr. Bestpitch moved the adoption of Resolution No. 35829-050602. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Wyatt, Hudson, White, Harris, Bestpitch and MayorSmith ......................................................................................... 7. NAYS: None ........................................................................................ -0. LIBRARIES-OUTDOOR DINING: The City Manager submitted a communication advising that the Roanoke Public Library wishes to enter into a contractual agreement with an individual or restaurant corporation to operate a coffee shop on the lower level of the Main Library, off Bullitt Avenue, with both indoor and outdoor areas, and the vendor will be required to: make any needed renovations, including furnishings, to the existing space to make it suitable for a coffee shop; be responsible for maintenance, repairs, and upkeep; pay minimal rent and/or a small percentage of profits to the library system;and adhere to all other conditions specified in the contract. It was further advised that the Code of Virginia, 1950, as amended, Section 63.1-155, requires that the Department for the Blind and Visually Impaired have first priority in assuming the operation of such a facility in a public building; if the Department chooses not to exercise this option, the City will issue a Request for Proposals; although the sealed bid method of procurement would normally be used, it is not practicable or fiscally advantageous to the public in procuring the above referenced service, since the experience, qualifications, and references of individuals and/or corporations that can provide the above listed service are of primary importance; the highest quality of service (food, pricing, operations, and environment) is desired for library customers, in order to have a successful operation; therefore, the process of competitive negotiation using the request for proposal has been identified as the best method for procurement of these services. It was pointed out that the City Code provides, as an alternate method of procurement to using the bid process, a process identified as "competitive negotiation"; prior approval by Council is necessary before the alternate method may be used; and this method will allow for negotiations with two or more providers to determine the best qualified at the most competitive price or rate. 14 The City Manager recommended that Council authorize the use of competitive negotiation as the method to secure vendors to provide the appropriate services. Mr. Bestpitch offered the following resolution: (#35830-050602) A RESOLUTION designating the procurement method known as competitive negotiation, rather than the procurement method known as competitive sealed bidding, to be used for the procurement of an operator of coffee shop services for the Main Library; and documenting the basis for this determination. (For full text of Resolution, see Resolution Book No. 65, page 557.) Mr. Bestpitch moved the adoption of Resolution No. 35830-050602. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Wyatt, Hudson, White, Harris, Bespitch and Mayor Smith ................ ---7. NAYS: None .................................................................................. O. GRANTS-CITY INFORMATION SYSTEMS-LIBRARIES-SCHOOLS: The City Manager submitted a communication advising that in the fall of 2001, the Roanoke Public Libraries applied to the Library of Virginia for a grant that would fund a program for middle and high school age students to be trained to assist library patrons in using computers in the Main Library and in branch libraries; a grant in the amount of $5,000.00 was awarded; in the fall of 2001, the Roanoke Public Libraries applied to the Library of Virginia for an additional grant that would enable the creation of a library website, and a grant of $5,000.00 was awarded. It was further advised that the PC Navigators grant will help the library meet the diverse needs of patrons whose computer skills and knowledge vary widely and will help teen participants to reinforce computer skills required by the Virginia Standards of Learning, learn to provide meaningful service to others, and develop interpersonal skills; and the grant provides funding for small stipends for program participants. It was explained that the library website grant will enable the library to broaden its customer reach by offering online information on the different library departments and their services, including circulation (new acquisitions and material reviews), reference (links to online research databases and reference question email), the Virginia Room, the Afro-Lee Americana Collection, library programs, Friends of the Library, and other updates; additional links on the website would include lifelong learning opportunities, pertinent local information, cultural events, and other aspects relating to the uniqueness of the Roanoke Valley; and a web site will also serve as a marketing tool, positioning the library as a state of the art facility. The City Manager recommended that Council accept the two grants from the Library of Virginia and appropriate funding from each to revenue and expenditure accounts to be established in the Grant Fund. Mr. Carder offered the following emergency budget ordinance: (#35831-050602) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 65, page 558.) Mr. Carder moved the adoption of Ordinance No. 35831-050602. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Wyatt, Hudson, White, Harris, Bestpitch and MayorSmith ............ .--7. NAYS: None .................................................................................. -0. Mr. Carder offered the following resolution: (#35832-050602) A RESOLUTION accepting a Library PC Navigators Grant and a Library Website Grant from the Library of Virginia. (For full text of Resolution, see Resolution Book No. 65, page 559.) Mr. Carder moved the adoption of Resolution No. 35832-050602. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Wyatt, Hudson, White, Harris, Bestpitch and Mayor Smith .......................................................................................... 7. NAYS: None .................................................................................. -0. AUDITS/FINANCIAL REPORTS-DIRECTOR OF FINANCE: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of March 2002. There being no questions, and without objection by Council, the Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: AUDITS/FINANCIAL REPORTS-BUDGET-ANNUAL REPORTS-COMMITTEES- CABLE TELEVISION: A communication from Council Member W. Alvin Hudson, Jr., Council's Representative to the Roanoke Valley Cable Television Committee, transmitting the Roanoke Valley Cable Television Annual Budget for Fiscal Year 2002-03, totaling $267,885.00, with the City's contribution totaling $147,337.00, was before the body. It was advised that the City of Roanoke, the County of Roanoke, and the Town of Vinton jointly operate Roanoke Valley Television (RVTV); initial equipment and facilities for the television station were funded through a $480,000.00 capital grant from Cox Communications; the station is located at the Jefferson Center and currently employs five full-time staff members; and staff produces videos and shows for local governments and school systems for cable casting, along with government meetings, on Cox Communications' Channel 3. It was further advised that on June 8, 1992, Council approved the Roanoke Regional Cable Television Agreement, which requires that the RVTV Operating Budget be approved by the governing bodies of the city, the county, and the town; funding for the Operating Budget is shared by the three governments, based on the annual proportion of Cox subscribers located in each jurisdiction; and the Roanoke Regional Cable Television Committee approved the RVTV Operating Budget for Fiscal Year 2002-03 at its April meeting, which amounts to $267,885.00 and is a 0.99 per cent decrease from the current years budget of $269,616.00. It was noted that Cox Communications paid a five per cent franchise fee to the local governments in 2001, which amounted to $1,718,936.00; the local governments have traditionally agreed to allocate up to 20 per cent of the franchise fees collected to the RVTV Operating Budget; for the coming year, that amount would be $343,787.00; and RVTV's requested budget of $267,885.00 is $75,902.00 less than that amount. Locality Subscribers Percentage (_%) City of Roanoke 32,332 55 Roanoke County 23,214 40 Town of Vinton 2,727 5 It was pointed out that each Iocality's contribution to the Operating Budget would be as follows: Locality City of Roanoke Roanoke County Town of Vinton Contribution $147,337.00 $107,154.OO $13,394.00 17 On behalf of the City's representatives to the Roanoke Valley Cable Television Committee, and as Council's representative to the committee, Council Member Hudson recommended that Council approve the proposed RVTV budget for Fiscal Year 2002-03, in the amount of $267,885.00, with the City's contribution totaling $147,337.00. Mr. Hudson offered the following resolution: (#35833-050602) A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2002-2003 for the operation of the regional government and educational access station, Roanoke Valley Television (RVTV), Channel 3, and for the City to provide partial funding. (For full text of Resolution, see Resolution Book No. 65, page 560.) Mr. Hudson moved the adoption of Resolution No. 35833-050602. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Wyatt, Hudson, White, Harris, Bestpitch and Mayor Smith ............... . ..... 7. NAYS: None ................................................................................ ,---0. BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting that Council approve appropriation of $104,255.00 from the Capital Maintenance and Equipment Replacement Fund, said funds to be used for the purchase of instructional technology requests, replacement of a transportation fuel truck, facility maintenance requirements, elementary physical education equipment and improvements, and facility improvements at Woodrow Wilson Middle School, was before the body. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. Mr. Bestpitch offered the following emergency budget ordinance: (#35834-050602) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General and School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 65, page 561.) Mr. Bestpitch moved the adoption of Ordinance No. 35834-050602. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Wyatt, Hudson, White, Harris, Bestpitch and MayorSmith .......................................................................................... -7. NAYS: None .................................................................................. 0. UNFINISHED BUSINESS: None. INTRODUCTION RESOLUTIONS: AND CONSIDERATION OF ORDINANCES AND ZONING: Ordinance No. 35818 amending, repealing or replacing proffered conditions authorized by Ordinance No. 32294-121994 presently binding upon Official Tax No. 2761409 and rezoning Official Tax No. 2761409 from RS-3, Residential Single Family, Low Density District, to C-2, General Commercial District; and rezoning Official Tax No. 2761421 from RS-3, Residential Single-Family, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, having previously been before the Council for its first reading on Monday, April 15, 2002, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: (#35818) AN ORDINANCE: amending, repealing or replacing proffered conditions authorized by Ordinance No. 32294-121994 presently binding upon Official Tax No. 2761409 and rezoning Official Tax No. 2761409 from RS-3, Residential Single Family, Low Density District, to C-2, General Commercial District; and rezoning Official Tax No. 2761421 from RS-3, Residential Single-Family, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Mr. Harris moved the adoption of Ordinance No. 35818. The motion was seconded by Mr. Carder. Mr. Mike Shepherd, 829 Virginia Avenue, N. W., business owner in the City of Roanoke, advised that Mr. Wells has come before Council with little or no regard for the neighborhood .or its residents, he does not live in the neighborhood and could care less how he treats the people who reside there. He stated that Mr. Wells' request was denied by the City Planning Commission, therefore, why is he appearing before Council. He added that Mr. Wells was told by the City not to excavate his lot, but he did so anyway; and he was told not to come before Council for further expansion, yet his request is under consideration. He stated that if Mr. Wells wishes to expand his business, he should relocate to an area that is currently zoned for a car wash facility. In view of the current water shortage, he advised that expansion of the car wash operation will compound the problem, and asked that Council deny the request. Ms. Betty McCormack, 3826 Virginia Avenue, N. W., advised that residents have appeared before Council on the same subject on several occasions. She stated that she has lived in the neighborhood since 1958 and witnessed many changes, but expansion of Mr. Wells business is not in the best interest of the neighborhood. She added that the business is too close to the intersection of Melrose Avenue and Westside Boulevard, and Mr. Wells stops traffic on Westside Boulevard to move vehicles in and out of his building, which could lead to a serious traffic accident. She stated that vehicles are parked at Fairview Methodist Church, on the lot next to her home, and at the Stop In convenience store; and water runs down the curb to the drain at Melrose Avenue. She advised that Mr. Wells was authorized to engage in the business of car detailing, but referred to photographs of tractors, boats, mobile homes and a police car that have been washed at his establishment. She advised that if his current location is not large enough, he should relocate elsewhere on property that is appropriately zoned. Mr. Fred Galloway, 3402 Kershaw Road, N. W., advised that he has known Mr. Wells for over 30 years and he is a hardworking, Christian gentleman, who operates his business in an efficient manner, with no loud noise, and observes regular working hours. He asked that Mr. Wells be allowed to continue to expand his business. Vice-Mayor Carder advised that Mr. Wells has requested expansion of his business on several occasions. He expressed concern with regard to the encroachment by businesses into residential areas, and advised that if Mr. Wells wishes to expand his business, he should look at locations that are currently zoned for this type of business. For the above reasons, he stated that he intends to vote against the request. Mr. Bestpitch advised that in 1994, Mr. Wells approached City Council regarding two tax parcels that he owns, across the front of which one house has been constructed on Virginia Avenue, and in 1994, only the back portion of one of the residential parcels was rezoned. He stated that the measure currently before Council rezones all of both tax parcels to C-2, General Commercial District, therefore, anyone who might decide at some point in the future that they wanted to purchase the house to live in at such time as Mr. Wells reaches the age where he can no longer maintain the property, would not be able to obtain a mortgage to purchase the house as a residence because, if the ordinance currently before Council is adopted, the house would not be zoned for residential purposes. He asked that Members of Council recognize what they will be doing to the neighborhood, to the house and to the future of the City and cast their vote against the ordinance. 2O The Mayor called attention to an individual who some time ago, operated an establishment in the area whose main business was in illegal activities, and advised that he hoped there is not a misconception by assuming that if an individual has a successful carwashing business, there must be illegal activities involved. He noted that it has been stated that when Mr. Wells came before the Council on previous occasions, there was an understanding that there would be no further expansion of his business; however, that statement is not reflected in the minutes of Council as a motion adopted by the Council. He stated that he has visited Mr. Wells establishment on several occasions, everything has been in order and he was impressed with Mr. Wells ambition and motivation to make his business a success. He added that if there is illegal activity, he would encourage residents and other citizens to report incidents and prosecute to the fullest extent of the law by bringing evidence to the attention of the Police Department. He stated that he will support the request of Mr. Wells until he sees evidence to the contrary. Mr. Bestpitch advised that he was not sure who the Mayor intended to impugn with his comments. He stated that he found the comments to be inappropriate for a City Council meeting and asked that the record reflect that he has no reason to presume that Mr. Wells is guilty of any crime whatsoever, since, to his knowledge, he has not been convicted of a crime. He added that the responsibility of Council as elected officials is to support and uphold the Constitution of this country which includes the provision that requires assuming that a citizen is innocent until proven guilty. He stated that Council is not being asked to zone or rezone Mr. Wells; zoning outlives the present owner of any piece of property, which has been his concern about this issue all along, as well as his concern on numerous zoning issues that have come before the Council; and he deeply resents any implication that his vote is being influenced by unsubstantiated speculation. Mr. Harris advised that since the matter came before Council at its last meeting, he has received numerous correspondence and telephone calls from citizens; whereupon, he requested the opportunity to follow up on certain concerns and issues that have been raised with City staff. Mr. Harris offered a substitute motion that the matter be tabled until the next regular meeting of Council on Monday, May 20, 2002, at 2:00 p.m. The motion was seconded by Mr. Hudson and adopted, Council Members White and Bestpitch voting no, BUDGET-CITY COUNCIL: Mr. Carder offered the following resolution establishing the date of a Special Meeting of the Council of the City of Roanoke on Monday, May 13, 2002, at 2:00 p.m., in the City Council Chamber, for the purpose of considering and enacting measures regarding the fiscal year 2002-03 budget: (#35823-050602) A RESOLUTION establishing the date of a Special Meeting of the Council of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 65, page 548.) Mr. Carder moved the adoption of Resolution No. 35823-050602. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Wyatt, Hudson, White, Harris, Bestpitch and Mayor Smith .................................................................................... 7. NAYS: None .............. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR, VICE-MAYOR AND MEMBERS OF COUNCIL: ACTS OF ACKNOWLEDGEMENT: By consensus of Council, the "Shining Stars Recognition Program" was approved for implementation. CITY MANAGER COMMENTS: BUDGET-CELEBRATIONS: The City Manager encouraged citizens of the Roanoke Valley to take advantage of the many cultural activities/festivities offered by the City of Roanoke. She advised that Council is currently participating in the fiscal year 2002-03 budget process, budget study sessions will be held on May 9 and 10, 2002, and the budget is scheduled for adoption by Council on Monday, May 13, 2002 at 2:00 p.m. She further advised that later in the day, Council will receive a briefing on revenue/revenue adjustments, and asked that citizens be mindful of budget concerns as the City prepares for fiscal years 2002-03 and 2003-04, HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard; it is also a time for informal dialogue between citizens and Council Members and matters requiring referral to the City. Manager will be referred immediately for response, report and recommendation to Council. TRAFFIC-COMPLAINTS-STREETS AND ALLEYS: Ms. Pat Gordon, 3204 Christian Avenue, N. E., spoke with regard to cruising on Williamson Road, N. W., and Winsloe Avenue, N. E. She presented a petition signed by 21 persons also expressing their concerns. She referred to loud noise from car radios, improperly altered exhaust systems on vehicles, and stereos from the trunks of vehicles which vibrate walls, etc. She asked that Council enforce the noise ordinance by instructing police officers to patrol the neighborhood and to issue tickets to those persons in violation in an effort to curtail noise and other unfavorable activities. The Mayor advised that he has recently received a complaint from residents at the corner of Trinkle Avenue and Winsloe Avenue, N. E. Ms. Wyatt called attention to a similar problem in Roanoke County in the Boxley Hills area where it became necessary to gate the street. She stated that gating off the appropriate streets at Williamson Road might begin to solve the problem, and asked that other creative ways be studied to address the matter in addition to issuing citations by police officers. It was the consensus of Council to refer the matter to the City Manager for report within 30 days. At 4:00 p.m., the Mayor declared the meeting in recess to be immediately reconvened in the Emergency Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., for a briefing with regard to Fiscal Year 2002 revenue, with potential changes to proposed Fiscal Year 2003. At 4:05 p.m., the Council meeting reconvened in Room 159, with all Members of the Council in attendance, Mayor Smith presiding. BUDGET-TAXES: The Director of Finance referred to his communication under date of May 3, 2002, in which he advised that the Commissioner of the Revenue is currently processing assessments and finalizing the tax levy for Personal Property and Bank Stock Tax; Personal Property tax due date is May 31, and the Commissioner has just prepared the levy for Bank Stock Tax; based on assessments to date, it appears that Personal Property receipts will decline three to five per cent from the prior year, or approximately $700,000.00 to $1,160,000.00; based on the Bank Stock tax levy, receipts will decline from the prior year to one third, or approximately $500,000.00; and the dramatic decline in these two local taxes, combined with other local taxes performing over budget, is expected to cause the overall category of local taxes to perform under budget for fiscal year 2002 by approximately $800,000.00. He called attention to an administrative hold that was placed on approximately $2.0 million of appropriations; the intent of which was to allow the opportunity to take action on specific adjustments, if needed, during the last quarter of the fiscal year to compensate for any potential declines in revenues. He pointed out that in normal budget years, there typically are unspent appropriations and with the foresight of the action taken during the first quarter of the fiscal year, the City is not in danger of having an overall budget deficit for fiscal year 2002; and the anticipated impact would be a significantly small CMERP balance than is traditional. The Director of Finance advised that based on previous year growth trends, revenue estimates were developed for fiscal year 2003 for Personal Property and Bank Stock from what was believed to be a conservative standpoint; and the extent of decline of these two taxes was not anticipated, thus, it is believed to be prudent to reduce estimates in the Recommended Fiscal Year 2003 budget. He stated that the Finance Department is working with the Commissioner of the Revenue to confirm assessments to date and with the Office of Management and Budget to develop a strategy to minimize the impact of any proposed reduction on priority expenditure items included in the Recommended Budget. Mr. Hall reviewed charts showing an average five year growth through fiscal year 2001 for the following taxes: 4.2% - real estate tax, 4.4% - personal property tax, 3.1% - sales tax, 3.2% - utility taxes (includes electricity, gas, water, telephone and cellular telephone), 4.5% - business, professional and occupational license, 4.1% - prepared food and beverage tax, and 16.3% - and bank stock tax. He advised that based on current projections, fiscal year 2002 local tax revenues will under perform the estimate by approximately $800,000.00; personal property decline of three to five per cent is primarily responsible for the entire category of local taxes underperforming the budget; bank stock tax has also under performed the budget by $.2 million; other local taxes that have performed in excess of their estimates offset some of the declines; and in a September 27, 2001 letter to Council, administrative holds of approximately $2.0 million were announced in anticipation of a potential economic decline. Mr. Hall explained that a review of the fiscal year 2003 recommended budget is necessitated by the declines in fiscal year 2002 of the personal property and bank stock taxes. In regard to the personal property tax, fiscal year 2003 estimate was developed assuming one per cent growth in fiscal year 2002 and fiscal year 2003; the decline of three to five per cent will require the fiscal year 2003 estimate to be reduced, with an impact reduction of $1.4 million; fiscal year 2003 estimate conservatively established Bank Stock Tax at a level below fiscal year 2001 actual receipts; and the under performance in fiscal year 2002 by $.2 million will require the fiscal year 2003 estimate to be reduced, with an impact of $.4 million. 24 Mr. Hall made the following points: Real estate taxes am on target. Last year was a record year for automobile sales due to incentives that were offered. Contrary to the declining economy, there were strong automobile sales which was believed would offset the decline in investment in equipment by businesses; however, that did not prove to be the case and them was not an increase in personal property receipts generated from investment in automobiles by private citizens. There is a reasonable decline in the personal property tax being generated from businesses in the form of machine and tools and business personal property; therefore, between a 3.5 and 5 per cent decline from this years' receipts to last years' receipts is anticipated. When the decline is compared to what the City anticipated would be a one per cent growth in fiscal year 2002 and a one per cent growth in fiscal year 2003, there is approximately a $1.4 million spread between what is projected for the current year and what is projected for the upcoming year. Personal property is the City's second largest revenue source, and the City lost a large tax paying company last year in the Roanoke Centre for Industry and Technology. Personal property from businesses are assessed at six per cent of the value in the year in which they are new, which depreciates ten per cent per year (the first year valued at 60 per cent, the second year at 50 per cent, the third year at 50 - 40 per cent and value floors at 20 per cent). Therefore, it is important to have reasonable investment ongoing to offset any decline in value that businesses are assessed pursuant to City Code provisions. Evidence reveals that the investment was not present this year to offset the decline in personal property receipts, and private automobile purchases. The City is requesting a count of automobiles registered in the City of Roanoke from the Division of Motor Vehicles. The Commissioner of the Revenue receives a periodic report from the DMV for automobiles that are purchased and registered with the DMV that are domiciled in the City of Roanoke, which is used as an audit tool to ensure that citizens have filed their returns. The City Manager clarified that the DMV provides the City with a list of monthly new car transactions, but a list of every vehicle domiciled in the City of Roanoke is not normally provided to the localities; however, since this is an extraordinary situation, the Commissioner of the Revenue has been requested to submit a request for the information through the DMV. She advised that the Treasurer has made a local contact with the DMV and has been advised that it is possible to obtain the information and the City is willing to bear the necessary costs. Neighboring localities are not experiencing this kind of reduction, but instead are holding their own, or have incurred a slight increase, and other urban communities in Virginia are not experiencing this type of decline. The Municipal Auditor advised that it has been difficult to pull all of the numbers together with exonerations, billings, deletions and disposals; business personal property taxes appear to be more of the problem which is mixed in with furniture and fixtures, vehicles and machinery and tools tax; and a review has been conducted of those businesses that .filed taxes in the 2001 tax year, but did not file in 2002, and it was discovered that approximately 198 businesses did not file this year as compared to last year. According to the Virginia Employment Commission; he stated that the City of Roanoke Economic Development Department has reported for the first three fourths of the 2001 calendar year, the City lost a net of approximately 65 businesses. The Treasurer stated that the DMV counts motor vehicles on January 1 and July 1 of each year and if counts are needed in between those periods of time, a request must be filed for a program to be prepared by the Commonwealth of Virginia, and the requesting locality must fund all costs associated with preparing the program. Mr. Hall advised that a 1.4 per cent reduction in the revenue estimate is recommended for fiscal year 2003 for personal property tax, bringing the figure down to $22.3 million; whereupon, the City Manager advised that City staff will continue to work the numbers prior to Council's budget study session scheduled for Thursday, May 9; staff will submit a budget to Council that is balanced with a lesser number for personal property tax and bank stock tax; however, in making the adjustments, the City will be even more limited in its ability to make other adjustments because any flexibility in the fiscal year 2003 proposed budget will be eliminated in order to address these two revenue issues. The Commissioner of the Revenue called attention to a shortfall in the State's revenue of $3.5 billion, the Federal Government is projecting a shortfall of $215 billion for the upcoming year which will affect all citizens because buying habits will be different, and persons will not receive the same amount of returns on their investments in stocks, mutual funds, etc., therefore, they may not purchase new vehicles. Mr. Hall advised that the business license tax is on track with budget, and prepared food and beverage tax is also on target, averaging a little over four per cent growth per year. He further advised that the bank stock tax is down from $1,560,000 in 2001 to approximately $1 million in 2002. He called attention to a conversation with a local banking representative who advised that deposits have not moved out of the City of Roanoke, nor has the amount of tax paid by the bank declined; however, because of the merger of two banks in the local area, a study was conducted to identify locations of deposits throughout the state and it was discovered that the City of Roanoke received the benefit in previous years of over stated deposits which is a reason for the present decline in bank stock tax. In summary, the Director of Finance explained that for the fiscal year 2003 budget, personal property tax and bank stock tax are on the decline in the range of $1.4 million for personal property tax, and approximately $400,000.00 for bank stock tax, for a total impact of $1.8 million reduction in the revenue estimate for fiscal year 2003. The City Manager advised that the numbers will be worked until Thursday, May 9, when Council convenes in 2002-2003 budget study session; however, as the decrease in revenue relates to the budget of the Roanoke City Schools, based on the funding formula for sharing local growth, the $1.8 million could represent a reduction of $655,000.00 to the school budget. Vice-Mayor Carder, one of the City's representatives to the First Cities Coalition, called attention to the need to send a strong message that if the City of Roanoke continues to fund shortfalls from the State, at some point in time the State must be held accountable. He stated that citizens need to understand that when there are no surpluses and when the City is forced to cut school budgets and public service jobs, citizens should express their concerns at the state level. He added that the only way citizens will understand the pressure that local municipal officials operate under is tostart cutting services. He advised that the City does not have the power to raise revenues creatively, which is a topic that Council should discuss as a part of its budget study sessions beginning on Thursday morning. At 5:15 p.m., the Mayor declared the meeting in recess to be reconvened in Closed Session in the City Council's fourth floor Conference Room. 27 At 5:40 p.m., the Council meeting reconvened in the Council Chamber, with all Members of the Council in attendance, with the exception of Council Member White, who left the meeting during the Closed Session. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder 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 Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, Wyatt, Hudson, Harris Bestpitch and Mayor Smith .......................................................................................... -6. NAYS: None ....................................................................................... -0. (Council Member White was absent.) OATHS OF OFFICE-COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER: The Mayor advised that there is a vacancy on the Hotel Roanoke Conference Center Commission, due to expiration of the term of office of John H. Parrot on April 12, 2002; whereupon, he opened the floor for nominations. Mr. Carder placed in nomination the name of Darlene L. Burcham, City Manager. There being no further nominations, Darlene L. Burcham, City Manager, was appointed as a Commissioner of the Hotel Roanoke Conference Center Commission, for a term ending April 12, 2006, by the following vote: FOR MS. BURCHAM: Council Members Carder, Wyatt, Hudson, Harris Bestpitch and Mayor Smith ............................................................................ -6. (Council Member White was absent.) OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that the terms of office of Sherman A. Holland and James H. Smith as members of the Youth Services Citizen Board expired on May 31,2002, and called for nominations to fill the vacancies. Mr. Carder placed in nomination the names of Sherman A. Holland and James H. Smith. 28 There being no further nominations, Messrs Holland and Smith were reappointed as members of the Youth Services Citizen Board, for terms ending May 31, 2005, by the following vote: FOR MESSRS HOLLAND AND SMITH: Council Members Carder, Wyatt, Hudson, Harris, Bestpitch and Mayor Smith ............................................ -6. (Council Member White was absent.) OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayoradvised that there is a vacancy on the Roanoke Redevelopment and Housing Authority, created by the death of Willis M. Anderson for a term ending August 31, 2002, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Beverly T. Fitzpatrick, Jr. There being no further nominations, Mr. Fitzpatrick was appointed as a member of the Roanoke Redevelopment and Housing Authority, for a term ending August 31, 2002, by the following vote: FOR MR. FITZPATRICK: Council Members Carder, Wyatt, Hudson, Harris Bestpitch and Mayor Smith ..... 6. (Council Member White was absent.) VIRGINIA MUNICIPAL LEAGUE: It was the consensus of Council that the following persons would be nominated to serve on Virginia Municipal League Policy Committees: Environmental Quality Finance General Laws Human Development and Education Transportation Mayor Ralph K. Smith Jesse A. Hall William M. Hackworth Linda F. Wyatt Vice-Mayor William H. Carder At 5:50 p.m., the Mayor declared the meeting in recess to be reconvened at 8:30 a.m., on Thursday, May 9, 2002, in Room 159, Noel C. Taylor Municipal Building, for fiscal year 2002-03 budget study. C-1 SPECIAL SESSION ..... ROANOKE CITY COUNCIL May 13, 2002 2:00 p.m. The Council of the City of Roanoke met in special session on Monday, May 13, 2002, at 2:00 p.m., in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Resolution No. 35823-050602 adopted by Council on May 6, 2002. PRESENT: Council Members William D. Bestpitch, William White, Sr., William H. Carder, W. Alvin Hudson, Jr., C. Nelson Harris and Mayor Ralph K. Smith ABSENT: Council Member Linda F. Wyatt ................................................ 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by Mayor Ralph K. Smith. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. The Mayor advised that the purpose of the special meeting was to enact measures adopting the fiscal year 2002-03 budget for the City of Roanoke. DIRECTOR OF FINANCE-BUDGET: The Director of Finance submitted a certificate advising that funds required for the 2002-03 General Fund, Water Fund, Water Pollution Control Fund, Civic Facilities Fund, Parking Fund, Capital Projects Fund, Department of Technology Fund, Fleet Management Fund, Risk Management Fund, School Fund, School Food Service Fund and Grant Fund budgets will be available for appropriation. (For full text, see Certificate on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the Certificate would be received and filed. BUDGET: Mr. White offered the following emergency ordinance adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2002, and ending June 30, 2003, in the amount of $193,544,364.00: (#35835-051302) AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 66, page 1.) Mr. White moved the adoption of Ordinance No. 35835-051302. The motion was seconded by Mr. Carder. David A. Diaz, President, Downtown Roanoke, Inc., advised that the City of Roanoke and Downtown Roanoke, Inc., have enjoyed a long working relationship, and as President of DRI he looks forward to continuing the relationship. He stated that the Downtown Plan was recently completed and expressed appreciation to the City of Roanoke for allowing DRI to oversee preparation of the Plan and the Board of Directors looks forward to its adoption. He further stated that E-Town and the Riverside Center for Research and Technology are projects that will support downtown Roanoke by encouraging high tech businesses in the downtown area. He added that the Riverside Center for Research and Technology is a key component to expanding the downtown which solidifies the partnership of the City and DRI and accentuates Roanoke and Virginia Tech as the two economic engines for the Roanoke Valley. He stated that the proposed new refuse collection fees in the Central Business District have been accepted, in general, by downtown businesses which appear to understand the rationale for the proposed fees which is to ensure equity for all. He called attention to discussions regarding initiation of a pilot project for compact trash collectors and to also encourage recycling in the Central Business District to help offset some of the costs of the new refuse collection fees. In summary, he stated that he looks forward to working with the City to improve downtown Roanoke and offered his assistance in that regard. Rodney Jordan, representing the Roanoke Firefighters Association, expressed appreciation to Council for restoring the three firefighter suppression positions to the 2002-03 budget, and for Council's commitment to public safety, which decision could save lives. He stated that it was hoped that funding for all positions in the Fire/EMS Department could have been resolved; and funding for the Deputy Chief of Operations position could have gone toward the funding of two additional firefighters to help the City in moving toward its goal of meeting national standards. He explained that while the Fire Chief recognizes every NFPA standard, he has stated that City Council sets the standard for departmental staffing, therefore, he asked that Council consider NFPA standards on future decisions regarding Fire/EMS staffing. He advised that the Firefighters Association will work to identify additional funds to help the City meet NFPA standards, in order to provide the citizens of Roanoke with the best possible protection and to make the jobs of firefighters as safe as possible. Ordinance No. 35835-051302 was adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ........................................................................................... -6. NAYS: None ......................................................................................... 0. (Council Member Wyatt was absent.) BUDGET-WATER RESOURCES: Mr. Carder offered the following emergency ordinance adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003, in the amount of $13,246,295.00: (#35836-051302) AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 66, page 6.) Mr. Carder moved the adoption of Ordinance No. 35836-051302. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................ 6. NAYS: None ......................................................................................... 0. (Council Member Wyatt was absent.) SEWERS AND STORM DRAINS-BUDGET: Mr. Carder offered the following emergency ordinance adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003, in the amount of $10,698,200.00: (#35837-051302) AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 66, page 7.) Mr. Carder moved the adoption of Ordinance No. 35837-051302. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................ 6. NAYS: None ......................................................................................... 0. (Council Member Wyatt was absent.) BUDGET-ROANOKE CIVIC CENTER: Mr. Carder offered the following emergency ordinance adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2002, and ending June 30, 2003, in the amount of $5,735,254.00: (#35838-051302) AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 66, page 8.) Mr. Carder moved the adoption of Ordinance No. 35838-051302. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ........................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Wyatt was absent.) BUDGET-TRANSPORTATION FUND: Mr. Carder offered the following emergency ordinance adopting the annual Parking Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003, in the amount of $2,438,171.00: (#35839-051302) AN ORDINANCE adopting the annual Parking Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 66, page 9.) Mr. Carder moved the adoption of Ordinance No. 35839-051302. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................ 6. NAYS: None .......................................................................................... 0. (Council Member Wyatt was absent.) BUDGET-CAPITAL IMPROVEMENTS PROGRAM: Mr. Carder offered the following emergency ordinance adopting the annual Capital Projects Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003, in the amount of $757,640.00. (#35840-051302) AN ORDINANCE adopting the annual Capital Projects Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 66, page 11.) Mr. Carder moved the adoption of Ordinance No. 35840-051302. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ........................................................................................... 6. NAYS: None ......................................................................................... 0. (Council Member Wyatt was absent.) BUDGET-CITY INFORMATION SYSTEMS: Mr. Carder offered the following emergency ordinance adopting the annual Department of Technology Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003, in the amount of $4,354,502.00. (#35841-051302) AN ORDINANCE adopting the annual Department of Technology Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 66, page 12.) Mr. Carder moved the adoption of Ordinance No. 35841-051302. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ........................................................................................................... 6. NAYS: None ......................................................................................... 0. (Council Member Wyatt was absent.) BUDGET-FLEET MAINTENANCE FUND: Mr. Carder offered the following emergency ordinance adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003, in the amount of $6,012,839.00: (#35842-051302) AN ORDINANCE adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2002, and ending June 30, 2003; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 66, page 13.) Mr. Carder moved the adoption of Ordinance No. 35842-051302. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ........................................................................................................... 6. NAYS: None (Council Member Wyatt was absent.) BUDGET-RISK MANAGEMENT FUND: Mr. Carder offered the following emergency ordinance adopting the annual Risk Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003, in the amount of $12,401,096.00: (#35843-051302) AN ORDINANCE adopting the annual Risk Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 66, page 14.) Mr. Carder moved the adoption of Ordinance No. 35843-051302. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................................ 6. NAYS: None ........................................................................................ 0. (Council Member Wyatt was absent.) BUDGET-SCHOOLS: Mr. White offered the following emergency ordinance adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003, in the amount of $101,423,210.00: (#35844-051302) AN ORDINANCE adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2002, and ending June 30, 2003; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 66, page 15.) Mr. White moved the adoption of Ordinance No. 35844-051302. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith .............................................................................................. -6. NAYS: None .................................................................................... -0. (Council Member Wyatt was absent.) BUDGET-SCHOOLS: Mr. Carder offered the following emergency ordinance adopting the annual School Food Service Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003, in the amount of $4,522,117.00: (#35845-051302) AN ORDINANCE adopting the annual School Food Service Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2002, and ending June 30, 2003; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 66, page 16.) Mr. Carder moved the adoption of Ordinance No. 35845-051302. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................... 6. NAYS: None ................................................................................... -0. (Council Member Wyatt was absent.) BUDGET-GRANTS: Mr. Carder offered the following emergency ordinance adopting a portion of the annual Grant Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2002, and ending June 30, 2003, in the amount of $179,673.00: (#35846-051302) AN ORDINANCE adopting a portion of the annual Grant Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1,2002, and ending June 30, 2003; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 66, page 17.) Mr. Carder moved the adoption of Ordinance No. 35846-051302. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ........................................................................................................... 6. NAYS: None .................................................................................... -0. (Council Member Wyatt was absent.) POLICE DEPARTMENT-PAY PLAN-BUDGET-FIRE DEPARTMENT-CITY EMPLOYEES: Mr. Carder offered the following ordinance which will be in full force and effect on July 31, 2002: (#35847-051302) AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City, effective July 1, 2002; providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments forsworn police officers assigned to the Criminal Investigation Division; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are certified as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are members of the Regional Hazardous Materials Response Team; providing for continuation of a police career enhancement program; providing for continuation of a Firefighter/Emergency Medical Technician merit pay program; providing for payment of a monthly stipend to certain board and commission members; repealing Ordinance No. 35344-050701, adopted May7, 2001, to the extent of any inconsistency; and providing for an emergency and effective date. (For full text of Ordinance, see Ordinance Book No. 66, page 18.) Mr. Carder moved the adoption of Ordinance No. 35847-051302. The motion was seconded by Mr. Hudson and adopted by the following vote. AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................................ 6. NAYS: None ................................................................................. 0. (Council Member Wyatt was absent.) BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a communication advising that in order to receive Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grant (ESG) funding, the U. S. Department of Housing and Urban Development (HUD) requires that entitlement localities such as the City of Roanoke submit a five-year Consolidated Plan and Annual Updates. It was further advised that on April 11, 2002, Council received the proposed 2002-03 Annual Update as part of the Recommended Resource Allocation Plan; the draft Annual Update was made available for public review and comment for the 30-day period that began April 11 and ended May 10, 2002; opportunities for citizen input were provided at three public hearings held on January 10, March 28, and April 29, 2002; and to ensure that the City's HUD fiscal year begins on July 1, 2002, HUD must receive the Annual Update on May 15, 2002; and funding for FY 2002-03 would be available from the following sources: New 2002-03 HUD Entitlements Estimated 2002-03 Program Income Estimated Prior Year Excess Program Income Estimated Prior Year Carry-over $ 3,068,000.00 450,034.00 316,766.00 633,432.00 Total HUD Funds $ 4,468,232.00 It was explained that the $4.5 million in HUD funds indicated above will leverage as much as an additional $4.8 million in other public and private funding; thus, total investment in those activities included in the Annual Update will be approximately $9.3 million; whereupon, the City Manager recommended that she be authorized to submit the 2002-03 Consolidated Plan Annual Update to HUD for review and approval. Mr. Carder offered the following resolution: (#35848-051302) A RESOLUTION authorizing the City Manager to submit an approved Annual Update to the Consolidated Plan for FY 2002-2003 to the United States Department of Housing and Urban Development (HUD) for final review and approval, and authorizing execution of the appropriate documents for the acceptance of such funding. (For full text of Resolution, see Resolution Book No. 66, page 22.) Mr. Carder moved the adoption of Resolution No. 35848-051302. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Hudson, Harris and Mayor Smith .............. -4. NAYS: None ........................................................................................... -0. (Council Member Wyatt was absent.) (Council Members Bestpitch and White advised that they are required to abstain from voting, pursuant to HUD regulations.) BUDGET-CAPITAL IMPROVEMENTS PROGRAM: The City Manager submitted a communication advising that the Capital Improvement Program (CIP) for Fiscal Years 2003-2007 is a plan recommended for approval by Council for capital expenditures to be incurred over the next five years, in order to address priority long-term capital needs of the City of Roanoke; and the ClP reflects the current status of projects which have previously been approved and funded by Council, plus three new recommended projects, and is a revision to the Fiscal Years 2002-2006 Capital Improvement Program approved by Council on June 18, 2001. It was further advised that on April 15, 2002, Council received the proposed Capital Improvement Program for Fiscal Years 2003-2007 as part of the Recommended Resource Allocation Plan; the Capital Improvement Program for Fiscal Years 2003-2007 is comprised of capital projects, with an estimated cost of project completion totaling $298,192,974.00; and three new projects are included in the total that requires additional funding of $49,300,000.00: ]0 Civic Center Improvements - Phase II - $14,941,020.00 - General Obligation Bonds totaling $14.3 million would be issued to fund the project, with debt service being funded from a 1.5% increase in the Admissions Tax, a 5% Capital Improvements Fee charged on admission to events at the Civic Facilities Complex, and additional revenue from Civic Facilities operations. Fire/EMS Facility Improvements - $947,640.00 - City Council recently approved a new EMS Fee Schedule that will generate additional revenue totaling $147,640.00 in FY 2003. This revenue would be used to supplement $800,000.00 currently included in the ClP for land acquisitions, design and partial cash funding of the first of three stations to be constructed. A future bond issue would be needed to fund construction costs, with the Fire- EMS revenues being used to repay the debt. Water Pollution Control - $35,000,000.00 - Council has been briefed on the need for plant improvements to enhance wet weather capacity. While the project is still in its early stages, total cost is estimated to be $35 million, with Roanoke's share being approximately $17.5 million. Financing details are still being discussed, but an estimated 30% increase in sewer rates in FY 2004 will be needed to fund the debt service payments required for this project. The City Manager recommended that Council authorize the following: Approve the following new capital projects recommended in the ClP update, requiring additional funding of $49,300,000.00: Civic Center Improvements - Phase II $14,941,020.00 Fire/EMS Facility $947,64O.OO Improvements Water Pollution Control (City share of project cost $17,500,000) 35,000,000.00 ]! Appropriate $757,640.00 included in the FY 2002-03 budget to the respective capital project accounts established by the Director of Finance for the following projects: $150,000.00 in the FY 2002-03 Transfers to an account to be established in the Capital Projects Fund for Bridge Maintenance Projects $147,640.00 in the FY 2002-03 to Capital Project Account (008-530-9678) for Fire/EMS Facility Improvements Program $150,000.00 in the FY 2002-03 to Capital Project Account (008-530-9736) for NPDES Phase II - Stormwater Management $310,000.00 in the FY 2002-03 Transfers to an account to be established in the Capital Projects Fund for Transportation Projects Mr. Carder offered the following resolution: (#35849-051302) A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager and Director of Finance by letter of May 13, 2002. (For full text of Resolution, see Resolution Book No. 66, page 23.) Mr. Carder moved the adoption of Resolution No. 35849-051302. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................ 6. NAYS: None ......................................................................................... 0. (Council Member Wyatt was absent.) CITY CODE-BUDGET-TAXES-ROANOKE CIVIC CENTER: The City Manager submitted a communication advising that funding for Phase II of improvements of the Civic Center facility is recommended in the FY 2002-03 budget, including construction of 32,000 square feet of new exhibit space, dressing rooms, kitchen facilities and other improvements that will attract new events and increase attendance; and total cost of Phase II is approximately $14.9 million and a $14.3 million bond issue is recommended to fund the project. It was further advised that in order to generate adequate revenues to service debt on a future $14.3 million bond issue that will support Phase II improvements to the Civic Center, a 1.5 per cent increase in the City's Admissions Tax rate city-wide is being recommended in the 2002-03 budget; and the City administration further recommends that Council request the 2003 General Assembly to allow a higher tax on civic facilities only. The City Manager recommended that Council adopt a ordinance amending Section 32-217 of the Code of the City of Roanoke (1979) as amended, increasing the admissions tax to 6.5%. Mr. Carder offered the following ordinance: (#35850) AN ORDINANCE amending §32-217, Levied rate, of Article IX, Admissions tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, in order to increase the admissions tax on the stated admission charge to any place of amusement or entertainment from five (5) per cent to six and one-half (6.5) per cent; dispensing with the second reading of this ordinance and providing for an effective date. Mr. Carder moved the adoption of Ordinance No. 35850. The motion was seconded by Mr. Harris and lost by the following vote: AYES: Council Members Bestpitch, White, Carder and Harris ................... -4. NAYS: Council Member Hudson and Mayor Smith ...................................... 2. (Council Member Wyatt was absent.) Mr. Carder moved that Ordinance No. 35850 be amended by deleting the following words, "dispensing with the second reading of this ordinance". The motion was seconded by Mr. Bestpitch and adopted, Mayor Smith and Council Member Hudson voting no. Mr. Carder moved that the following ordinance be placed upon its first reading: (#35850) An Ordinance amending §32-217, Levied rate, of Article IX, Admissions tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, in order to increase the admissions tax on the stated admission charge to any place of amusement or entertainment from five (5) percent to six and one-half (6.5) percent; and providing for an effective date. ]3 The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, and Harris .................. -4. NAYS: Council Member Hudson and Mayor Smith ................................... 2. (Council Member Wyatt was absent.) ZONING-BUDGET-SUBDIVISIONS-FEE COMPENDIUM: The City Manager submitted a communication advising that in developing the budget for Fiscal Year 2002-2003, City departments were asked to reduce their budgets to help make up for the losses in state aid and find ways to rs-engineer services to generate cost savings for their departments; departments were also asked to look at their fee structures and, where feasible, propose fee schedule changes that recover the cost of providing services and maintain uniformity between Roanoke and other localities; and accordingly, an increase in various fees administered by the Planning Building and Development Department is proposed. It was further advised that the Planning Building and Development Department has recently completed a benchmarking effort to compare fees for services with other communities, along with a review of estimated labor costs for services; current fees do not cover all expenses and have not been adjusted for approximately ten years; and the recommended fee schedule attempts to recover costs of providing services and be competitive with other municipalities. It was stated that along with increases in current fees to cover costs associated with providing these services, the Planning Building and Development Department is also recommending a new fee regarding requests for zoning classifications, allowed uses, and zoning compliance verification at a rate of $150.00 per request; currently, when financial lending institutions request information regarding zoning and building violations on certain properties they are preparing to close on, the City conducts the research and prepares a written report free of charge; and other localities charge a fee as high as $200.00 to cover the costs associated with the verification process. The City Manager recommended that Council adopt an ordinance to amend the City's Fee Compendium to reflect changes in various fees. Mr. Carder offered the following ordinance: (#35851) AN ORDINANCE amending certain fees and charges, establishing certain new fees and charges with regard to subdivision and zoning fees, and amending the Fee Compendium, dispensing with the second reading of this ordinance, and providing for an effective date. ]4 Mr. Carder moved the adoption of Ordinance No. 35851. The motion was seconded by Mr. Bestpitch. Mr. Hudson advised that based upon the volume of e-mails and concerns that have been expressed to him, he could not support the proposed increase in fees because to do so will have an adverse effect on economic development. Upon question, the City Manager advised that fees have not been increased in the City of Roanoke for approximately 10-15 years. She stated that the gist of the expressed concerns suggest that the increases will impact affordable housing in the City of Roanoke; however, she stated that she did not believe that was an accurate statement inasmuch as the City has more than sufficient affordable housing and the assumption that the increase in fees will cause the elimination of jobs in the construction industry, or the implication that a first time home buyer will not be able to purchase a home, is unfounded. She explained that the larger fees pertain to subdivision development and since the bulk of the City is already developed, subdivision fees would not be an issue. She stated that staff has responded to the direction of Council that the City's fees should be in line with neighboring jurisdictions; and in view of the fact that there have been no increases in fees over the last 10 - 15 years, that is a reasonable explanation for the proposed increases. The Mayor advised that Roanoke City is different from Roanoke County in that Roanoke City needs development, the increased rates will be a burden on land development, and to support the ordinance would be an anti-development vote. He stated that stafftime required to service the applications should be funded through the City's economic development funds. He added that the City is challenged for revenue, and inquired if a compromise can be reached on proposed fees, because adjusting the fees all at one time will send a negative message to potential developers. Mr. Bestpitch advised that from his perspective, the Roanoke Valley Home Builders Association does not appear to have a negative impression of the fees charged by Roanoke County and the City of Salem, and the fees that Roanoke City is being requested to approve are in line with the fees in Roanoke County and Salem. He stated that there are a number of instances in Roanoke City, where, rather than address the fees on an incremental basis over a three to five year period and enact moderate adjustments, the City has allowed the fees to remain at the status quo for a number of years and then enacted a large change all at once. He advised that it is hoped the City is moving in a direction which will preclude placing this Council and future Councils in similar positions. He explained that when considering the proposed fees as a percentage of the total cost of the product that is to be ultimately offered to the consumer, the proposed increases are minuscule. The City Manager advised that the fees before Council address special conditions and exceptions, such as applications to the Board of Zoning Appeals for processing certain items, applications for variances, amendments to conditions of conditional rezoning, appeals to the Board of Zoning Appeals of the Zoning Administrator's decision, and applications for rezoning to a single residential district designation, etc. She stated that while the fees help to balance the budget, they are not the major balancer of the City's revenues, but were intended to bring the City more into conformity with surrounding jurisdictions; and it is proposed to assess fees hereafter on an annual basis. She advised that she does not view the recommended fees as a disincentive to economic development in the City of Roanoke, and as City Manager, she would not make a recommendation to Council that would be against economic development. Mr. Bestpitch moved that Ordinance No. 35851 be amended to delete the language "and dispensing with the second reading of this ordinance". The motion was seconded by Mr. Carder and adopted, Mayor Smith and Council Member Hudson voting no. Mr. Harris advised that Council has been in the budget process for approximately 60 days and the time to have proposed changes or compromises was during budget study workshops. He stated that the Mayor did not make his concerns known during that time; therefore, on that basis, he called for the question. Mr. Carder moved that the following ordinance be placed upon its first reading: (#35851) AN ORDINANCE amending certain fees and charges, establishing certain new fees and charges with regard to subdivision and zoning fees, and amending the Fee Compendium, and providing for an effective date. The motion was seconded by Mr. Bestpitch and adopted bythe following vote: AYES: Council Members Bestpitch, White, Carder and Harris ................... -4. NAYS: Council Member Hudson and Mayor Smith .................................... 2. (Council Member Wyatt was absent.) BUDGET-SIGNSIBILLBOARDSIAWNINGS-FEE COMPENDIUM: Mr. Carder offered the following resolution amending certain fees and charges with regard to sign permits, and amending the Fee Compendium, as follows, effective July 1,2002: Permanent Sign $50.00 Temporary Sign $30.00 16 (#35852-051302) A RESOLUTION amending certain fees and charges with regard to sign permits, amending the Fee Compendium, and providing for an effective date. (For full text of Resolution, see Resolution Book No. 66, page 24.) Mr. Carder moved the adoption of Resolution No. 35852-051302. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................ 6. NAYS: None ......................................................................................... 0. (Council Member Wyatt was absent.) CITY CODE-BUDGET-TAXES: The City Manager submitted a communication advising that in the process of developing the Fiscal Year 2002-03 budget, each department was asked to consider means by which they could reduce their overall budget by decreasing expenditures and/or increasing revenues, which would help to mitigate the impact of decreases in state aid and generate needed savings throughout the organization; in addition, departments were asked to review current revenue structures and determine if alterations would be possible or feasible to generate additional revenue and more closely mirror other localities; and a number of proposed revenue changes are incorporated in the Fiscal Year 2002-2003 budget, and are reflected in budget ordinances presented for adoption for Fiscal Year 2002-03. Elimination of Seller's Discounts The City Treasurer and Manager of Billings and Collections have recommended the elimination of the Seller's Discount on Cigarette Taxes as well as the Seller's Discount on Prepared Food and Beverage Tax. Currently, Roanoke provides a seven per cent discount on the Cigarette Tax and a three per cent discount on the Prepared Food and Beverage Tax. This discount originated as an incentive to vendors to help offset the administrative cost of remitting tax collections to the City Treasurer. This incentive to vendors is no longer deemed to be necessary to promote vendor compliance. Based on a review of seven designated benchmark localities, Roanoke is one of five localities that offers a discount on the Cigarette Tax and one of four localities that offers a discount on the Prepared Food and Beverage Tax. ]7 New Fees Authorized by the 2002 General Assembly Senate Bill Number 693 has authorized localities to assess a sum not to exceed $5.00 as part of the costs in each criminal or traffic case in which the defendant is convicted of a violation of any statute or ordinance. This sum is to be used to support courthouse security; however, these provisions expire on July 1, 2004. Senate Bill Number 406 has authorized localities to charge a processing fee not to exceed $25.00 to any individual admitted to a county or city jail following conviction. The funds are to be used by the local sheriff's office to defray the costs of processing arrested persons into local jails. The General Assembly of Virginia has amended and reenacted the Code of Virginia to provide for required collection and DNA analysis of blood, saliva, or tissue of every person convicted of a felony offense. A fee of $25.00 will be assessed as part of the costs of the criminal case resulting in the felony conviction and one-half of the fee will be paid to the General Fund of the state treasury. No action by the City is necessary for this fee to be implemented. New Fees Authorized by the Code of Virginia The Code of Virginia provides than any city may collect administrative costs associated with debts submitted to the Department of Taxation for the Set-off Debt Collection Program. The Code provides for a fee of $25.00 per claim. Roanoke submits 31,000 claims per year to the State Department of Taxation as part of the set-off debt collection program, however, payment of the claims is dependent on whether the debtor files a tax return and has a refund that is not "offset" by other creditors or localities. The $25.00 fee per claim will offset the four per cent administrative fee charged by the Commonwealth of Virginia for the set-off debt collection program. The Department of Billings and Collections recommends the institution of a fee of $25.00 per claim. The Code of Virginia also provides that any locality may collect a fee to cover the administrative costs of tax collection. The Code sets the fee at $25.00 for taxes collected subsequent to judgment and at $20.00 for taxes collected subsequent to filing a warrant or other legal document prior to judgment. The Department of Billings and Collection recommends the institution of the $20.00 and $25.00 fees for offset of administrative costs of delinquent tax collection. Weed Lien Administrative Fee Currently the City of Roanoke charges a $100.00 administrative fee for the necessary abatement of weeds on private lots. The Code of Virginia allows for a fee of $150.00 or 25% of the cost, whichever is less. The Department of Billings and Collections recommends that the Weed Lien Administrative Fee be adjusted to be in accordance with the Code of Virginia. Interest Accrual Date for Delinquent Real Estate Tax A change in the interest accrual date for delinquent real estate tax is recommended to be consistent with personal property tax. Currently, the first installment of current fiscal year Real Estate Tax is due October 5. A ten per cent late payment penalty is applied on October 6 if the tax remains unpaid, and interest charges begin accruing on July 1 of the next year. The second installment for the current fiscal year is due April 5 of the next year. A ten per cent late payment penalty is added on April 6 and interest charges do not begin until July 1. With personal property tax, interest begins accruing the first of the month following the tax due date. It is recommended that interest be applied to delinquent payments of real estate tax to begin accruing the first of the month following the tax due date, consistent with the method used for personal property. Late Payment Penalty for Parkin~l Tickets Currently the late payment penalty for parking violations is $10.00 and has remained at this level for a minimum of 20 years. The late payment penalty is added to violations paid ten days or more after issuance of the notice of violation. Since 1993, the fine for parking violations has increased twice with no parallel increase in the late payment penalty for those fines. The Department of Billings and Collections recommends the increase of the Late Payment penalty for Parking Tickets from $10.00 to $15.00. The City Manager recommended that Council adopt ordinances amending the City Code to reflect the above described changes in various discounts, fees, interest accrual dates and fines. Mr. Carder offered the following ordinance: (#35853-051302) AN ORDINANCE amending §32-192, Preparation and sale of stamps .cjenerally, of Article VIII, Ci~larette tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, in order to eliminate the discount for local cigarette dealers with respect to the purchase of tax stamps as currently provided in that section; dispensing with the second reading of this ordinance; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 66, page 25.) Mr. Carder moved the adoption of Ordinance No. 35853-051302. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................... 6. NAYS: None ......................................................................................... 0. (Council Member Wyatt was absent.) CITY CODE-BUDGET-TAXES: Mr. Carder offered the following ordinance repealing §32-291, Discount, of Article XlV, Tax on Prepared Food and Beverage, in order to eliminate the discount currently provided for sellers as compensation for the collection of taxes imposed by Article XlV, effective July 1, 2002. (#35854-051302) AN ORDINANCE repealing §32-291, Discount, of Article XIV, Tax on Prepared Food and Beverage, in order to eliminate the discount currently provided for sellers as compensation for the collection of taxes imposed by this Article; dispensing with the second reading of this ordinance; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 66, page 26.) 2O Mr. Carder moved the adoption of Ordinance No. 35854-051302. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson and Harris .......... 5. NAYS: Mayor Smith ................................................................................. 1. (Council Member Wyatt was absent.) CITY CODE-BUDGET-FEE COMPENDIUM-COURTS FACILITY: Mr. Carder offered the following ordinance amending Chapter 1, General Administration, of the Code of the City of Roanoke (1979), as amended, by the addition of a new §1-21, Courtroom security assessment, providing for assessment by the City of a fee to provide funding of courthouse security personnel, pursuant to §53.1-120, Code of Virginia (1950), as amended, effective July 1, 2002. (#35855-051302) AN ORDINANCE amending Chapter 1, General Administration, of the Code of the City of Roanoke (1979), as amended, by the addition of a new §1-21, Courtroom security assessment, providing for assessment by the City of a fee to provide funding of courthouse security personnel, pursuant to §53.1-120, Code of Virginia (1950), as amended; dispensing with the second reading of this ordinance; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 66, page 27.) Mr. Carder moved the adoption of Ordinance No. 35855-051302. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................ 6. NAYS: None ......................................................................................... 0. (Council Member Wyatt was absent.) CITY CODE-BUDGET-CITY SHERIFF-FEE COMPENDIUM: Mr. Carder offered the following ordinance amending Chapter 1, General Administration, of the Code of the City of Roanoke (1979), as amended, by the addition of a new §1-22, Jail processinq fee, providing for assessment by the City of a fee to provide funding to defray the costs incurred by the Sheriff's Department in processing arrested persons into local jails, pursuant to §15.2-1613.1, Code of Virginia (1950), as amended, effective July 1, 2002. (#35856-051302) AN ORDINANCE amending Chapter 1, General Administration, of the Code of the City of Roanoke (1979), as amended, by the addition of a new §1-22, Jail processing fee, providing for assessment by the City of a fee to provide funding to defray the costs incurred by the Sheriff's Department in processing arrested persons into local jails, pursuant to §15.2-1613.1, Code of Virginia (1950), as amended; dispensing with the second reading of this ordinance and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 66, page 28.) Mr. Carder moved the adoption of Ordinance No. 35856-051302. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................ 6. NAYS: None ......................................................................................... 0. (Council Member Wyatt was absent.) CITY CODE-BUDGET-BILLINGS AND COLLECTIONS-FEE COMPENDIUM-SET- OFF DEBT COLLECTION: Mr. Carder offered the following ordinance amending Chapter 2, Administration, Article VIII, Finance generally, of the Code of the City of Roanoke (1979), as amended, by the addition of a new §1-178.3, Recovery of administrative costs, providing for collection by the City of certain administrative costs associated with collection pursuant to the Setoff Debt Collection Act on any debt owed the City, such fee not to exceed $25.00, pursuant to §58.1-520.1, Code of Virginia (1950), as amended; effective July 1, 2002. (#35857-051302) AN ORDINANCE amending Chapter 2, Administration, Article VIII, Finance generally, of the Code of the City of Roanoke (1979), as amended, by the addition of a new §1-178.3, Recovery of administrative costs, providing for collection by the City of certain administrative costs associated with collection pursuant to the Setoff Debt Collection Act on any debt owed the City, such fee not to exceed $25.00, pursuant to §58.1-520.1, Code of Virginia (1950), as amended; dispensing with the second reading of this ordinance and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 66, page 28.) Mr. Carder moved the adoption of Ordinance No. 35857-051302. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................ 6. NAYS: None ........................................................................................ -0. (Council Member Wyatt was absent.) CITY CODE-BUDGET-TAXES-DELINQUENT TAXES-REFUSE COLLECTION- WEED ABATEMENT PROGRAM: Mr. Carder offered the following ordinance amending Chapter 2, Administration, Article VIII, Finance generally, of the Code of the City of Roanoke (1979), as amended, by the addition of a new §2-178.4, Assessment of delinquent taxpayers for administrative costs, providing for collection by the City of certain administrative costs to be assessed against delinquent taxpayers to defray costs associated with the collection process pursuant to §58.1-3958, Code of Virginia (1950), as amended; amending §33-22, Accounting for abatement costs, Article II, Weed and trash abatement, of Chapter 33, Vegetation and Trash, with respect to charges for administrative costs incurred in trash abatement, effective July 1, 2002. (#35858-051302) AN ORDINANCE amending Chapter 2, Administration, Article VIII, Finance generally, of the Code of the City of Roanoke (1979), as amended, by the addition of a new §2-178.4, Assessment of delinquent taxpayers for administrative costs, providing for collection by the City of certain administrative costs to be assessed against delinquent taxpayers to defray costs associated with the collection process pursuant to §58.1-3958, Code of Virginia (1950), as amended; amending §33-22, Accounting for abatement costs, Article II, Weed and trash abatement, of Chapter 33, Vegetation and Trash, with respect to charges for administrative costs incurred in trash abatement; and dispensing with the second reading of this ordinance and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 66, page 29.) Mr. Carder moved the adoption of Ordinance No. 35858-051302. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................ 6. NAYS: None ........................................................................................ -0. (Council Member Wyatt was absent.) CITY CODE-BUDGET.TAXES-DELINQUENT TAXES-REAL ESTATE VALUATION: Mr. Carder offered the following ordinance amending §32-19, Penalty and interest on delinquencies -Generally, of Article II, Real Estate Taxes Generally, of Division II, Generally of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, in order to change the time of commencement for calculating interest on delinquent real estate taxes from July first of the tax year next following that for which such taxes are assessed to the first day of the month following the month in which such taxes are due, effective July 1, 2002. (#35859-051302) AN ORDINANCE amending §32-19, Penalty and interest on delinquencies - Generally, of Article II, Real Estate Taxes Generally, of Division II, Generally of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, in order to change the time of commencement for calculating interest on delinquent real estate taxes from July first of the tax year next following that for which such taxes are assessed to the first day of the month following the month in which such taxes are due; dispensing with the second reading of this ordinance and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 66, page 31.) Mr. Carder moved the adoption of Ordinance No. 35859-051302. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................ 6. NAYS: None ......................................................................................... 0. (Council Member Wyatt was absent.) CITY CODE-BUDGET-FEE COMPENDIUM-DISABLED PERSONS-PARKING FACILITIES-TRAFFIC: Mr. Carder offered the following ordinance amending and reordaining subsection (e) of §20-76, Parking spaces reserved for persons with disabilities, of the Code of the City of Roanoke (1979), as amended, and §20-89, Penalties for unlawful _~arkina_, of the Code of the City of Roanoke (1979), as amended, the amended sections to provide for an increase of certain penalties, and adjustment of certain other penalties, for unlawful parking within the City of Roanoke, effective July 1, 2002. (#35860-051302) AN ORDINANCE amending and reordaining subsection (e) of §20-76, Parking spaces reserved for persons with disabilities, of the Code of the City of Roanoke (1979), as amended, and §20-89, Penalties for unlawful _~arkinq, of the Code of the City of Roanoke (1979), as amended, the amended sections to provide for increase of certain penalties, and the adjustment of certain others, for unlawful parking within the City of Roanoke; and providing for an emergency and for an effective date. (For full text of Ordinance, see Ordinance Book No. 66, page 32.) Mr. Carder moved the adoption of Ordinance No. 35860-051302. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................ 6. NAYS: None ........................................................................................ -0. (Council Member Wyatt was absent.) BUDGET-FIRE DEPARTMENT-FEE COMPENDIUM: The City Manager submitted a communication advising that in developing the budget for Fiscal Year 2002-03, City departments were asked to reduce their budgets to help make up for the losses in state aid and find ways to re-engineer services to generate cost savings for their departments; and departments were also asked to look at their fee structures and, where feasible, propose fee schedule changes that maintain fee uniformity between Roanoke and other localities, while recovering the cost of providing services. It was further advised that the recommended Fiscal Year 2002-03 budget incorporates a number of proposed fee structure changes recommended by the Department of Planning Building and Development, Fire-Emergency Medical Services, Solid Waste Management, and the Water Department, which proposed changes are reflected in budget ordinances presented for adoption for fiscal 'year 2002-03. Fire-EMS Fees: Based on the results of a recent cost audit, the Fire-EMS Department has recommended changes to fire safety inspection fees, fireworks and bonfire permits and system false alarm fees; fire safety inspections are performed to ensure the safety of the building occupants and the general public; routine fire safety inspections are performed free of charge; however, a fee is charged whenever a re-inspection is required to ensure corrections of safety violations; and adjustments to the fee schedule will enable the department to improve services and maintain fee uniformity between the City and its surrounding localities. The revised permit fee schedule also allows Fire-EMS to recover costs associated with the enforcement of the fireworks and bonfire permits; a permit is required for firework displays and a bond may be required for a bonfire; an Assistant Fire Marshal, who may also conduct an on-site inspection, reviews each fireworks permit application; and Fire-EMS also has personnel on standby at bonfire events to ensure proper extinguishments. A revised fee schedule is also recommended for system false alarms; and after conducting an analysis throughout the State of Virginia, Fire-EMS has developed the revised fee schedule in an attempt to encourage building owners to be more proactive in repairing system malfunctions, resulting in less repeat alarms from automatic electronic alarm systems. Solid Waste Manaqement The current solid waste management fee structure for commercial and central business district customers generates $40,000.00 to $50,000.00 in annual revenue for a service that costs over $300,000.00 for the City to provide; in an effort to be more representative of the cost of the solid waste collection services provided for commercial and central business district customers, a revised commercial collection fee is being recommended; this proposed fee structure would provide businesses one free collection per week, charge for additional collections, and partially recover the cost of additional pickups; and these businesses would then be provided a similar level of "free" service as residential customers. Elevator Inspection Fees After completing benchmarking with other localities and a review of estimated labor costs for conducting elevator inspections, the Department of Planning, Building and Development is recommending that the City discontinue providing elevator inspections; many other localities in the surrounding areas have already moved away from providing this service due to rising insurance costs related to the liability associated with certifying the inspection; this new system would require private building owners to have elevator inspections performed by approved outside agencies or individuals - an elevator inspection permit will be issued authorizing this inspection; a certificate of inspection prepared by the inspector will be submitted to the department, as verification of inspection and a database will be established to monitor compliance with state mandates; and city inspection staff would continue to inspect elevators in city-owned buildings. Water Division Carvins Cove With the rising recreational use of Carvins Cove, the Water Department is recommending several new fees for FY 2003 to offset increased maintenance costs related to increased usage; a new fee is recommended for all uses of the Carvins Cove facility, including hiking, biking, bank fishing, picnicking, horseback riding, and bird watching; and the new fee structure will enhance the vitality of the widely used natural reserve and reflect the actual cost of providing boat launch and boat rental services. The City Manager recommended that Council adopt a resolution and amend the City's Fee Compendium to reflect the changes in various fees. Mr. Carder offered the following resolution: (#35861-051302) A RESOLUTION amending certain fees and charges with regard to fire safety reinspections, amending the Fee Compendium, and providing for an effective date. (For full text of Resolution, see Resolution Book No. 66, page 34.) Mr. Carder moved the adoption of Resolution No. 35861-051302. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................ 6. NAYS: None ......................................................................................... 0. (Council Member Wyatt was absent.) BUDGET-FIRE DEPARTMENT-SPECIAL PERMITS-FEE COMPENDIUM: Mr. Carder offered the following resolution amending certain fees and charges with regard to fireworks and bonfire permits, amending the Fee Compendium, effective July 1, 2002. (#35862-051302) A RESOLUTION amending certain fees and charges with regard to fireworks and bonfire permits, amending the Fee Compendium, and providing for an effective date. (For full text of Resolution, see Resolution Book No. 66, page 35.) Mr. Carder moved the adoption of Resolution No. 35862-051302. The motion was seconded by Mr. Bestpitch and adopted by the following vote: 27 AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................ 6. NAYS: None ......................................................................................... 0. (Council Member Wyatt was absent.) BUDGET-FIRE DEPARTMENT-FEE COMPENDIUM: Mr. Carder offered the following resolution amending certain fees and charges with regard to fire system false alarms, and amending the Fee Compendium, effective July 1, 2002. Mr. Carder offered the following resolution: (#35863-051302) A RESOLUTION amending certain fees and charges with regard to fire system false alarms, amending the Fee Compendium, and providing for an effective date. (For full text of Resolution, see Resolution Book No. 66, page 36.) Mr. Carder moved the adoption of Resolution No. 35863-051302. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................ 6. NAYS: None ......................................................................................... 0. (Council Member Wyatt was absent.) BUDGET-REFUSE COLLECTION-FEE COMPENDIUM: Mr. Carder offered the following resolution amending certain fees and charges with regard to refuse collection service for the Central Business District and Commercial Districts outside the Central Business District, and amending the Fee Compendium, as follows, effective July 1, 2002: Central Business District Restaurant/Office/Financial Specialty RetaillHealthlChurchl Nonprofit Commercial Districts outside the Central Business District Restaurant/Office/Financial Specialty RetaillHealthlChurchlNonprofit Monthly Fees $50.00 $30.00 Monthly Fees $10.00 $10.00 (#35864-051302) A RESOLUTION amending certain fees and charges with regard to refuse collection service for the Central Business District and Commercial Districts outside the Central Business District, amending the Fee Compendium, and providing for an effective date. (For full text of Resolution, see Resolution Book No. 66, page 37.) Mr. Carder moved the adoption of Resolution No. 35864-051302. The motion was seconded by Mr. Bestpitch. Vice-Mayor Carder advised that there are questions in regard to how the refuse collection fees will apply to larger offices versus smaller offices in the Central Business District; whereupon, the City Manager advised that between now and July 1, individual contacts will be made with downtown business owners. She stated that if a small business can place all of their trash in one toter, they will be entitled to the same once per week free collection that residents currently receive. She added that there are approximately 700 businesses in the Central Business District and staff will contact each business owner to set up the appropriate arrangement. She called attention to a trash compactor pilot program for downtown Roanoke which will allow businesses to compact garbage, and, over time, it is hoped that some businesses will not be subject to the fee schedule. She stated that the City's interest lies in ensuring that there is equity in the cost of refuse collection. Resolution No. 35864-051302 was adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................ 6. NAYS: None ......................................................................................... 0. (Council Member Wyatt was absent.) BUDGET-SPECIAL PERMITS-EQUIPMENT-ELEVATOR PERMITS: Mr. Carder offered the following resolution establishing a new fee and charge of $25.00 with regard to elevator permits, and amending the Fee Compendium, effective July 1, 2002: (#35865-051302) A RESOLUTION establishing a certain new fee and charge with regard to elevator permits, amending the Fee Compendium, and providing for an effective date. (For full text of Resolution, see Resolution Book No. 66, page 38.) Mr. Carder moved the adoption of Resolution No. 35865-051302. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................ 6. NAYS: None ......................................................................................... 0. (Council Member Wyatt was absent.) BUDGET-FEE COMPENDIUM-WATER RESOURCES: Mr. Carder offered the following resolution amending certain fees and charges, and establishing certain new user fees and charges, in connection with use of the Carvins Cove Natural Reserve, and amending the Fee Compendium, as follows, effective July 1, 2002: Service Charge: Boat Launch Fees Annual Permits w/o motor - < 10 hp motor $75.00 $90.00 Daily Permits w/o motor - $5.00 < 10 hp motor $9.00 Boat Rental: 14' Boats $ 4.00 per hr. $ 8.00 (112 day - 5 hrs.) $14.00 per day 12' Boats $ 3.00 per hr. $ 7.00 (1/2 day - 5 hrs.) $13.00 per day Inspection Fees for Privately Owned Motors: Electric $1.00 Gasoline $2.00 2. New user fees for all uses of the facility, with the exception of boating, charged at Carvins Cove Natural Reserve: Service Charge: Annual Permits per person $30.00 (non-Roanoke City Residents) $15.00 (Roanoke City Residents) Daily Permits Per Person $ 2.00 (non-Roanoke City Residents) $1.00 (Roanoke City Residents) 3O (#35866-051302) A RESOLUTION amending certain fees and charges, establishing certain new user fees and charges, in connection with use of Carvins Cove Natural Reserve, amending the Fee Compendium, and providing for an effective date. (For full text of Resolution, see Resolution Book No. 66, page 38.) Mr. Carder moved the adoption of Resolution No. 35866-051302. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................ 6. NAYS: None ......................................................................................... 0. (Council Member Wyatt was absent.) BUDGET-FEE COMPENDIUM-EROSION/SEDIMENT CONTROL: Mr. Carder offered the following ordinance amending the fee for review of erosion and sediment control plans, and amending the Fee Compendium, effective July 1,2002, as follows: Review of erosion and sediment control plan $100.00, Plus $50.00 per acre, or any portion thereof (#35867-051302) AN ORDINANCE amending the fee for review of erosion and sediment control plans, amending the Fee Compendium, dispensing with the second reading of this ordinance, and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 66, page 40.) Mr. Carder moved the adoption of Ordinance No. 35867-051302. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................ 6. NAYS: None .......................................................................................... 0. (Council Member Wyatt was absent.) BUDGET-CITY EMPLOYEES-PENSIONS: The City Manager and the Director of Finance submitted a joint communication advising that eligible members of the City of Roanoke Pension Plan received a 3.0% cost-of-living adjustment (COLA) on July 1,2001, which was the seventh consecutive COLA provided to eligible retirees; and following discussions with other municipal retirement systems, it is recommended, effective July 1, 2002, and payable on July 31, 2002, that a 2.6% 3! increase be provided to a member's or surviving spouse's annual retirement allowance; the increase does not apply to any incentive payments made under the Voluntary Retirement Incentive Program established by Ordinance No. 30473-41591, adopted April 15, 1991, or to the retirement supplement established by Ordinance No. 35327-050701, adopted May 7, 2001; and the increase applies to those retirees who retired on or before July 1, 2001. it was explained that approximately 1,392 of the 1,454 retirees, or 96% of those receiving benefits as of April 30, 2002, will be eligible for the increase; average annual increase in retirement allowance is $259.00, costing the pension fund an additional $360,182.00 annually; actuarial cost of a 2.6% permanent COLA is estimated at $3.2 million to be funded over the next 20 years through the annual payroll contribution rate; and all City operation funds, along with the Roanoke Valley Airport Commission, School Board, Roanoke Valley Resource Authority, Roanoke Valley Detention Commission, and the Commonwealth of Virginia will assume their pro rata share of cost for funding the COLA. The City Manager and the Director of Finance recommended that Council adopt an ordinance granting a 2.6% cost of living raise for qualified retirees, effective July 1, 2002, and payable on July 31, 2002. Mr. Carder offered the following emergency ordinance: (#35868-051302) AN ORDINANCE providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses; providing for an effective date; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 66, page 41.) Mr. Carder moved the adoption of Ordinance No. 35868-051302. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ........................................................................................... -6. NAYS: None .......................................................................................... 0. (Council Member Wyatt was absent.) ACTS OF ACKNOWLEDGEMENT: Mr. Harris introduced a resolution paying tribute to the town and the townspeople of Crescent City, Florida, who, on Thursday, April 18, 2002, assisted passengers on an Amtrak Auto Train carrying 452 people which derailed just south of Crescent City, Florida, killing four and injuring many. He advised that Mr. William B. Robertson, founder of Camp Virginia Jaycee, Inc., in Blue Ridge, Virginia, and a friend to City Council, was one of the passengers injured; and residents, merchants and students of Crescent City responded en masse to the scene of the crash, by offering comfort, relief and aid to Mr. Robertson and to the other victims in their hour of need. Mr. Harris offered the following resolution: (#35869-051302) A RESOLUTION paying tribute to the town and the townspeople of Crescent City, Florida. (For full text of Resolution, see Resolution Book No. 66, page 43.) Mr. Harris moved the adoption of Resolution No. 35869-051302. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, White, Carder, Hudson, Harris and Mayor Smith ............................................................................................ 6. NAYS: None ......................................................................................... -0. (Council Member Wyatt was absent.) There being no further business, the Mayor declared the special mecting adjourned at 3:05 p.m. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 33 RALPH K. SMITH 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 June 17,2002 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: I would like to request a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (^)(1), Code of Virginia (1950), as amended. Mayor RKS:sm N:\CKSMI~AGENDA.O2\CLOSED SESSION ON VACANCIES.DOC MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us June 21,2002 File #110-200-488 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk The Honorable Alfred T. Dowe, Jr. Council Member- Elect 2711 Kirkland Drive, N. W. Roanoke, Virginia 24017 Dear Mr. Dowe: Your communication tendering your resignation as a member of the City Planning Commission and the Roanoke Neighborhood Partnership Steering Committee, effective immediately, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. On motion, duly seconded and adopted, the communication was received and filed and your resignation was accepted. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the City Planning Commission from January 5, 1998 to June 17, 2002, and as a member of the Roanoke Neighborhood Partnership Steering Committee from December 16, 1996 to June 17, 2002. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of the Roanoke City Council. Sincerely, MFP:mh Enclosure pc: Mary F. Parker, CMC City Clerk Wayne G. Strickland, Secretary, Roanoke Valley-Alleghany Regional Commission, 313 Luck Avenue, S. W., Roanoke, Virginia 24010 Martha P. Franklin, Secretary, City Planning Commission Stephanie M. Moon, Deputy City Clerk H:~Agenda.02XJune 17, 2002 correspondence.wpd June 2, 2002 Dear Friends: To say that I have GROWN over the past six years would be an understatement. To say that I have GROWN CLOSER to the citizens of our city would be an even greater understatement. To say, however, that I have a GREATER LOVE FOR THIS CITY, as a result of six years of growing closer to our citizens, would be completely accurate. It is in this spirit, with mixed emotions, that I offer my resignations to the Roanoke Neighborhood Partnership Steering Committee and the Roanoke City Planning Commission. I am very excited about the direction in which our city is headed, primarily because of the leaders that are within these two organizations. It's my hope and prayer that I can take what you taught me and help towards the continued progression of our city, as we draw even closer. Sincerely, CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21, 2002 File #15-110-304 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Marion A. Vaughn-Howard, Secretary Youth Services Citizen Board Roanoke, Virginia Dear Ms. Vaughn-Howard: This is to advise you that Sherman A. Holland has qualified as a member of the Youth Services Citizen Board for a term ending May 31, 2005. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Stephanie M. Moon, Deputy City Clerk H:X~4.genda.02~June 17, 2002 correspondence.wpd '"iV Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Sherman A. Holland, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Youth Services Citizen Board, for a term ending May 31,2005, according to the best of my ability. Subscribed and sworn to before me thi~-~day of~'~ 2002. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK H:XAgenda.02LMay 6, 2002 correspondence.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21, 2002 File #15-67-110 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Steven C. Buschor, Director Parks and Recreation Roanoke, Virginia Dear Mr. Buschor: This is to advise you that Geraldine LaManna for a term ending March 31, 2003, and Cad H. Kopitzke for a term ending March 31, 2004, have qualified as members of the Parks and Recreation Advisory Board. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Stephanie M. Moon, Deputy City Clerk H:~S~genda.02~June 17, 2002 correspondence.wpd 'V Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Geraldine LaManna, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Parks and Recreation Advisory Board for a term ending March 31,2004, according to the best of my ability. Subscribed and sworn to before me this _¢ day of ~ :~,~,v¢ 2002. ARTHURBy '"~' .B' C~ERK , DEPUTY CLERK Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Carl H. Kopitzke, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Parks and Recreation Advisory Board for a term ending March 31, 2003, according to the best of my ability. sworn to before me tll~~ay Subscribed and ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 File #24-132 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35907-061702 amending and reordaining Rule 7, Order of business; hearing of citizens, of {}2-15, Rules of procedure, of the Code of the City of Roanoke (1979), as amended, to provide for reversing the order of Item 11, Comments of the City Manager, and Item 12, Hearing of Citizens, in order to have City Manager's comments follow Hearing of Citizens, effective July 1, 2002. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: The Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia H:~Agenda.02Uune 17, 2002 corrcspondcncc.wpd Darlene L. Burcham June 21,2002 Page 2 pc: The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Raymond F. Leven, Public Defender, 210 First Street, S. W. Roanoke, Virginia 24011 ' Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian RALPH K. SMITH 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 June 17, 2002 The Honorable Vice-Mayor and Members Roanoke City Council Roanoke, Virginia Dear Vice-Mayor Carder and Members of Council: I am transmitting an ordinance that will approve a minor revision in the order of our Council agenda to provide that Comments by the City Manager will be heard immediately following the Hearing of Citizens Upon Public Matters section of the agenda. Your favorable consideration of a measure which has been drafted by our City Attorney will be appreciated. Ralph K. Smith Mayor RKS:MFP:sm N:\cksml~Agenda.02V~genda Format Revisions.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 File #60-214-472 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: lam attaching copy of Resolution No. 35909-061702 accepting a grant offer made to the City by the Compensation Board of Virginia, in the amount of $63,424.00 to be used for upgrades to and maintenance of current recordation equipment in the Office of the Clerk of Circuit Court. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc; Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Barry L. Key, Director, Management and Budget H:',Agenda.02XJune 17, 2002 corrcspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRG~ The 17th day of June, 2002. No. 35909-061702. A RESOLUTION accepting the grant offer made to the City by the Compensation Board of Virginia and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the offer made to the City by the Compensation Board of Virginia-Technology Trust Fund in the amount of $63,424, such grant being more particularly described in the letter of the Clerk of the Circuit Court, dated June 17, 2002, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager and the City Clerk, are hereby authorized to execute, seal and attest, respectively, the grant agreement and all necessary documents required to accept this grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Compensation Board of Virginia in connection with the City's acceptance of this grant. ATTEST: City Clerk. H:\Measures\compensation board technology trust funds circuit court.doc ~"~ ~'~"~l"' ...... ~ '"'~!,"~ ...... , .... CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 File #60-214-472 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 35908-061702 amending and reordaining certain sections of the 2002-03 Grant Fund Appropriations, in connection with acceptance of $63,424.00 from the Compensation Board of Virginia-Technology Trust Fund, for upgrades to and maintenance of recordation equipment in the Office of Clerk of Circuit Court. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: The Honorable Arthur B. Crush, III, Clerk of Circuit Court Darlene L. Burcham, City Manager Barry L. Key, Director, Office of Management and Budget H:'~Agenda.02Uunc 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17Ch day of June, 2002. No. 35908-061702. AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Judicial Administration $ 950,891 Compensation Board - Technology Trust Funds FY 2003 (1) .......... 63,424 Revenues Judicial Administration $ 950,891 Compensation Board - Technology Trust Funds FY 2003 (2) .......... 63,424 1) Furniture and Equipment (035-120-5143-9005) $ 63,424 2) State Grant Receipts (035-120-5143-5145) 63,424 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. TWENTY-THIRD JUDICIAL CIRCUIT OF VIRGINIA Mary Jane Barrett Chief Deputy Jeanne M. Bailey - Criminal Adm. Kathy S. Golladay - Civil Adm. CLERK OF CIRCUi~ CO~ ARTHUR B. CRUSH, Ill CLERK June 17,2002 CIRCUIT COURT OF THE CITY OF ROANOKE 315 Church Avenue, S.W. P.O. Box 2610 Roanoke, Virginia 24010 Criminal: (540) 853-6723 Civil: (540) 853-6702 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable W. Alvin Hudson, Council Member Honorable William D. Bestpitch, Council Member Honorable William White, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Acceptance of Compensation Board Technology Trust Funds Background: The Clerk of the Circuit Court is responsible, by statute, for the recordation of legal instruments. These instruments include: Land Records, Marriage Licenses, Financing Statements, Assumed Names, Wills and other Probate Records, and Law, Chancery and Criminal Orders. These records must be maintained and be available to the public. The Optical Character Recognition System, also known as the Records Management Indexing/Scanning System, currently being used to record the above-mentioned records can no longer facilitate the volume of records being scanned. There is a need for additional, compatible equipment that will allow several operators to perform like tasks simultaneously. This equipment is available through the Supreme Court of Virginia at a cost of $63,424. Funding in the amount of $63, 424 is available from the Compensation Board of Virginia-Technology Trust Fund. Considerations: The Clerk of Circuit Court has been granted $63, 424 from the Compensation Board of Virginia- Technology Trust Fund for upgrades to and maintenance of the current recordation equipment. This Grant does not require a local match. Honorable Mayor and Members of City Council June 17, 2002 Page 2 Recommended Action: Authorize the City Manager to execute the requisite documents to obtain the funding from the Compensation Board-Technology Trust Fund. Authorize the Director of Finance to establish a revenue estimate in the amount of $63,424 in the Grant Fund and appropriate funding to the expenditure account listed below: 9005 Furniture and Equipment (>$5,000.00) $63,424 Sincerely, Arthur B. Crush, III, Clerk Roanoke City Circuit Court ABCIII:jec C: Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Office of the City Manager June 17,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable W. Alvin Hudson, Council Member Honorable William D. Bestpitch, Council Member Honorable William White, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: I concur with the recommendation from Arthur B. Crush, III, Clerk of Roanoke City Circuit Court for the City of Roanoke, with respect to the subject referenced above and recommend that City Council authorize the City Manager to execute the requisite documents to obtain the funding from the Compensation Board-Technology Trust Fund and authorize the Director of Finance to establish a revenue estimate and appropriate funding to the expenditure account. Darlene L. B City Manager DLB:ca C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Room 364 Municipal South 2~5 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke,va,us Office of the City Manager June 17,2002 The Honorable Mayor and Members City Council Roanoke, Virginia Dear Mayor and Members of Council: I would like to sponsor a request from Lincoln Terrace Saturn Network to present the school district's partnership recognition at the regular meeting of City Council on Monday, June 17, 2002. DLB:ds Sincerely, Darlene L. Burcham City Manager Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci. roanoke.va.us Roanoke /~City Public Schools School/Community Relations Office P.O. Box 13145, Roanoke, Virginia 24031 Telephone: (540) 853-2816 · Fax: (540) 853-2817 May28,2002 Mrs. Mary Parker Clerk, Roanoke City Council City Municipal Building Roanoke, Vir~.ia Dear Mary: Lincoln Terrace Saturn Network would like to address City Council at the June 17, 2002 meeting at their 2:00 p.m. session. At this time, Lissy Merenda, Supervisor of School-Community Relations, Marketing and Partnerships, and school principal, Frieda Hines, will presem the City Manager with the school district's partnership recognition. The teacher who coordinated the HOST Program at the school, Shirley Thomason, and a student who participated in HOST will thank the employees of the City who volunteered in the program and share regarding the impact that the program made for the students this year. Sincerely, Lissy Merenda Supervisor, School-Community Relations Preparing Students for Success CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 File #60-178-200-236 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Dadene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35911-061702 accepting fiscal year 2002-2003 funds for the Emergency Shelter Grant Program, and authorizing the City Manager to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Jesse A. Hall, Director of Finance Barry L. Key, Director, Office of Management and Budget Frank E. Baratta, Budget Team Leader H:',Agenda.02~Junc 17, 2002 corrcsponde~cc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35911-061702. A RESOLUTION accepting the Fiscal year 2002-2003 funds for the Emergency Shelter Grant Program, and authorizing the City Manager to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD). BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Fiscal Year 2002-2003 funds for the Emergency Shelter Grant Program are hereby ACCEPTED, upon receipt of an approval letter from HUD. 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requ,.'site Grant Agreement with the United States Department of Housing and Urban Development (HUD) for such funds, the Funding Approval, and any and all understandings, assurances and documents relating thereto, in such form as is approved by the City Attorney, as more particularly set out in the City Manager's letter to this Council dated June 17, 2002. ATTEST: City Clerk. N:~ASI'ikRESkR- EmSh¢lter (6-18-01 ) CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 File #60-178-200-236 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 35910-061702 amending and reordaining certain sections of the 2002-03 Grant Fund Appropriations, providing for appropriation of $76,000.00 for fiscal year 2002-03 from the U. S. Department of Housing and Urban Development for Emergency Shelter Grant funds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. City Clerk CMC MFP:mh Attachment pc: Dadene L. Burcham, City Manager Barry L. Key, Director, Management and Budget Frank E. Baratta, Budget Team Leader H:~genda.02~June 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35910-061702. AN ORDINANCE to amend and reordain certain sections of the 2002 - 2003 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002 - 2003 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follow, in part: Approl~riations Health and Welfare $3,356,729 Emergency Shelter Grant FY03 (1-4) ..................................................... 76,000 Revenues Health and Welfare $3,356,729 Emergency Shelter Grant FY03 (5) ........................................................ 76,000 1) Trust Shelter 2) RAM House 3) TAP Transitional Living Center 4) Roanoke Valley Interfaith Hospitality Network 5) Emergency Shelter Grant Fund FY03 (035-630-5173-5251) (035-630-5173-5252) (035-630-5173-5253) $25,000 13,000 25,000 (035-630-5173-5254) 11,000 (035-630-5173-5173) 76,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Office of the City Manager June 17,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Acceptance of 2002-2003 Emergency Shelter Grant (ESG) Program Background: ESG funds are allocated under the Stewart B. McKinney Homeless Assistance Act and must be used to provide assistance to the homeless or those at risk of becoming homeless. City Council authorized filing an ESG application through the submission of the Annual Update to the Consolidated Plan to the U. S. Department of Housing and Urban Development (HUD) for FY 2002-2003 on May 13, 2002, by Resolution No. 35848-051302. Considerations: HUD's approval letter, granting the City access to its 2002-2003 ESG entitlement of $76,000, is completing the routine release process and is forthcoming. Acceptance of the entitlement and appropriation of all funds to the accounts indicated in Attachment A is needed to permit projects to proceed. Recommended Actions: Adopt a resolution accepting the $76,000 in 2002-2003 ESG funds, contingent upon receipt of the approval letter from HUD. Authorize the City Manager to execute the required Grant Agreement, Funding Approval, and other forms required by HUD in order to accept the funds, approved as to form by the City Attorney; Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci .roanoke.va .us Honorable Mayor and Members of Council June 17, 2002 Page 2 Appropriate $76,000 entitlement to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance, as detailed in Attachment A. Respectfully submitted, Darlene L. Burc~ham City Manager DLB:VST Attachment C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Frank E. Baratta, Budget Team Leader CM02-00112 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21, 2002 File #60-178-236 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Dadene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35913-061702 accepting Fiscal Year 2002-03 funds for the HOME Investment Partnerships Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc; Jesse A. Hall, Director of Finance Barry L. Key, Director, Office of Management and Budget Frank E. Baratta, Budget Team Leader H:XAgenda.02',Jun¢ 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35913-061702. A RESOLUTION accepting the Fiscal Year 2002-2003 funds for the HOME Investment Parmerships (HOME) Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD). BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Fiscal Year 2002-2003 funds for the HOME Program are hereby ACCEPTED, upon receipt of an approval letter fl:om HUD. 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite Grant Agreement with HUD for such funds, the Funding Approval, and any and all understandings, assurances and documents relating thereto, in such form as is approved by the City Attorney, as more particularly set forth in the City Manager's letter to this Council dated June 17, 2002. ATTEST: City Clerk. HSRESOLUTIONS\R-HOME061702.wlxtS.OOC CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21, 2002 File #20-60-67-514 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 35912-061702 amending and reordaining certain sections of the 2002-03 Grant Fund Appropriations, providing for appropriation and transfer of funds in connection with the HOME Investment Partnerships Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Dadene L. Burcham, City Manager Barry L. Key, Director, Office of Management and Budget Frank E. Baratta, Budget Team Leader H:'~Agenda.02XJune 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE The 17th day of June, 2002. No. 35912-061702. AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: A_~Dro_oriations Community Development- HOME Program HOME Investment Partnership - FY03 (1, 2) ................... HOME Investment Partnership - FY02 (3-6) ................... HOME Investment Partnership - FY01 (7-11) .................. HOME Investment Partnership- FY00 (12-13) .................. HOME Investment Partnership- FY99 (14-15) .................. $ 4,818,969 761,000 772,634 720,022 677,000 628,000 Revenues Community Development- HOME Program $ 4,818,969 HOME Investment Partnership - FY03 (16-17) .................. 761,000 1) Bullitt-Jamison Project Reserve (035-090-5310-5373) $ 751,000 2) Bullitt-Jamison Project Reserve (035-090-5325-5373) 10,000 3) Washington Park/ HOPE VI (035-090-5309-5283) 37,692 4) Contingency (035-090-5309-5346) (37,692) 5) Bullitt-Jamison Project Reserve (035-090-5324-5373) 19,634 6) Unprogrammed-HOME (035-090-5324-5320) (19,634) 7) Washington Park/ HOPE VI (035-090-5308-5283) 91,775 8) Contingency (035-090-5308-5346) (91,775) 9) Washington Park/ HOPE VI 10) Bullitt-Jamison Project Reserve 11) Unprogrammed-HOME 12) Washington Park/ HOPE VI 13) Contingency 14) Washington Park/ HOPE VI 15) Contingency 16) Federal Grants Receipts 17) Program Income (035-090-5323-5283) (035-090-5323-5373) (035-090-5323-5320) (035-090-5322-5283) (035-090-5322-5346) (035-090-5306-5283) (035-090-5306-5346) (035-090-5310-5310) (035-090-5325-5325) 25,452 16,57O (42,022) 94,161 (94,161) 920 ( 920) 751,000 10,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager June 17,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of Council: Subject: Acceptance of 2002-2003 HOME Investment Partnerships (HOME) Program Entitlement Grant and Appropriation of Funds Background: HOME is a housing assistance program of the U.S. Department of Housing and Urban Development (HUD). The City has received a HOME entitlement grant each year since FY 1992 and must reapply annually to HUD to receive such funding. On May 13, 2002, City Council authorized filing the 2002-2003 HOME application as part of approving the submission of the Annual Update to the Consolidated Plan to HUD. Considerations: The funding release process is underway, and HUD's letter of approval is forthcoming, granting the City access to its 2002-2003 HOME entitlement of $751,000.00. In addition, $286,204.00 unexpended from prior year accounts and $10,000.00 in anticipated program income are included in this appropriation for FY 2002-2003 activities. Acceptance of these funds and appropriation to the accounts indicated in Attachments 1 and 2 are needed to permit projects to proceed. Acceptance of the 2002-2003 entitlement requires $93,875.00 in local match; however, no outlays of City funds will be needed to meet this requirement. Recommended Actions: 1. Adopt a resolution accepting the $751,000.00 in 2002-2003 HOME funds, contingent upon receipt of the approval letter from HUD; Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci .roanoke.va .us The Honorable Mayor and Members of Council June 17, 2002 Page 2 o Authorize the City Manager to execute the required Grant Agreement, Funding Approval, and any other documents required by HUD in order to accept the funds, such documents to be approved as to form by the City Attorney; Appropriate $761,000.00 to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance, as detailed in Attachment 1; and Transfer $286,204.00 in HOME accounts from prior years to projects included in the 2002-2003 HOME program, as detailed in Attachment 2. Re_spectfully submitted, Darlene L. Burcham City Manager Attachments: C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Frank E. Baratta, Budget Team Leader CM#02-00126 Attachment 1 HOME Funds -- 2002~2003 Account Set-Up Transactions Account No. Description Amount 035-090-5310-5310 Revenue -- 2002/2003 HOME Entitlement $751,000.00 035-G03-0300-2235 Revenue--2002/2003 HOME Program Income $10,000.00 Total Revenue $761,000.00 Expenditures: 035-090-5310-5373 Bullitt-Jamison Project Reserve $761,000.00 Total Expenditures $761,000.00 Attachment 2 HOME Funds -- 2002/2003 Account Transfers Account No. I Description Amount Transfers: 035-090-5306-5346 Contingency ($920.00) 035-090-5306-5283 Washington Park / HOPE VI $920.00 035-090-5308-5346 Contingency ($91,775.00) 035-090-5308-5283 Washington Park / HOPE VI $91,775.00 035-090-5309-5346 Contingency ($37,692.00) 035-090-5309-5283 Washington Park / HOPE VI $37,692.00 035-090-5322-5346 Contingency ($94,161.00) 035-090-5322-5283 Washington Park / HOPE VI $94,161.00 035-090-5323-5320 Unprogmmmed ($42,022.00) 035-090-5323-5283 Washington Park / HOPE VI $25,452.00 035-090-5323-5373 Bullitt-Jamison Project Reserve $16,570.00 035-090-5324-5320 Unpmgrammed ($19,634.00) 035-090-5324-5373 Bullitt-Jamison Project Reserve $19,634.00 Total Transfers $286,204.00 CITY OF ROANO Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 File #60-200-236 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35915-061702 accepting Fiscal Year 2002-03 funds for the Community Development Block Grant program, and authorizing the City Manager to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFp:mh Attachment pc: Jesse A. Hall, Director of Finance Barry L. Key, Director, Office of Management and Budget Frank E. Baratta, Budget Team Leader H:~Agcnda.02XJunc 17, 2002 corrcspondencc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35915-061702. A RESOLUTION accepting the Fiscal Year 2002-2003 funds for the Community Development Block Grant program, and authorizing the City Manager to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD). BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Fiscal Year 2002-2003 funds for the Community Development Block Grant program are hereby ACCEPTED, upon receipt of an approval letter from HUD. 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite Grant Agreement with the United States Department of Housing and Urban Development for such funds, the Funding Approval, and any and all understandings, assurances and documents relating thereto, in such form as is approved by the City Attorney, as more particularly set out in the City Manager's letter to this Council dated June 17, 2002. ATTEST: City Clerk. H:'~RESOLUTIONSXR-CDBG-GRANT (2002-2003)061702.WPD CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 File #60-200-236 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 35914-061702 amending and reordaining certain sections of the 2002-03 Grant Fund Appropriations, providing for appropriation and transfer of funds in connection with the Community Development Block Grant program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Barry L. Key, Director, Office of Management and Budget Frank E. Baratta, Budget Team Leader H:',Agenda.02',June 17, 2002 correspondcncc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35914-061702. AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Block Grant FY03 (1-35) ..................................... $2,681,034 Community Development Block Grant FY02 (36-42) ................................... 3,540,990 Community Development Block Grant FY01 (43-46) ................................... 3,107,187 Reven u es Community Development Block Grant FY02 (47-58) ................................... $2,681,034 1) CARE/Quick Response to Emergencies 2) Empower Individuals with Disabilities 3) Helping Elderly Live Pleasantly 4) Demolition 5) Connect Four-BRHDC Phase II 6) Down Payment Assistance / BRHDC "SPARC" 7) Employer Assisted Housing Program (035-G03-0320-5003) (035-G03-0320-5057) (035-G03-0320-5080) (035-G03-0320-5108) (035-G03-0320-5354) (035-G03-0320-5367) (035-G03-0320-5368) $168,842 40,000 100,000 90,000 36,246 50,000 150,143 8) Southeast Pilot Project RRHA 9) Fair Housing Activities 10) Small Business Counseling & Develop. Program 11) Small Business Develop. Center / CBDI 12) Greater Gainsboro Devel. Project 13) Venture Out 14) Melrose/Rugby - MG 15) Loudon/Melrose - MG 16) Southeast Action Forum 17) Loudon/Melrose - NDG 18) Melrose/Rugby -NDG 19) Neighborhood Develop. Lead Based Paint Resv. 20) Hurt Park - MG 21) Mini-Grants 22) Lincoln 2000 Infrastructure 23) McCray Court Senior Complex 24) Empowering Individuals with Disabilities 25) TAP This Valley Works CET 26) Apple Ridge Farms 27) YMCA Learning Center 28) Emergency Assistance Fund 29) West End Center 30) YMCA Magic Place at Hurt Park/Momingside 31) Resource Mothers 32) Business Training Initiative 33) YWCA Youth Club 34) CHIP Family Strengthening & Support 35) Presbyterian Family Services / Pathways.. 36) Hotel Roanoke 108 Loan Repayment 37) McCray Court Senior Complex 38) Unprograrnmed CDBG - Carryover Funds (035-G03-0320-5369) (035-G03-0321-5284) (035-G03-0321-5288) (035-G03-0330-5021) (035-G03-0330-5286) (035-G03-0330-5370) (035-G03-0337-5249) (035-G03-0337-5257) (035-G03-0337-5357) (035-G03-0337-5245) (035-G03-0337-5249) (035-G03-0337-5361) (035-G 03-0337-5371 ) (035-G03-0337-5122) (035-G03-0337-5296) (035-G03-0337-5297) (035-G03-0338-5057) (035-G03-0338-5067) (035-G03-0338-5084) (035-G03-0338-5152) (035-G03-0338-5158) (035-G03-0338-5160) (035-G03-0338-5169) (035-G03-0338-5222) (035-G03-0338-5263) (035-G03-0338-5350) (035-G03-0338-5299) (035-G03-0338-5372) (035-G02-0230-5135) (035-G02-0237-5297) (035-G02-0240-5184) $447,302 25,000 25,000 105,000 461,060 105,000 2,000 2,000 2,000 10,000 4,500 5,000 2,000 27,5OO 295,000 165,777 25,000 25,000 26,000 25,000 35,000 27,000 39,611 32,237 25,000- 25,000 26,816 50,000 424,098 111,973 (150,143) 39) Unprogrammed CDBG - (035-G02-0240-5188) $ (44,620) Section 108 40) Unprogrammed CDBG - (035-G02-0240-5189) (70,998) Other 41) Unprogrammed CDBG - (035-G02-0240-5197) (76,565) RRHA 42) Unprogrammed CDBG - (035-G02-0241-5184) (193,745) Carryover Funds 43) Hotel Roanoke 108 Loan (035-G01-0130-5135) 127,923 Repayment 44) Unprogrammed CDBG - (035-G01-0140-5184) (24,875) Carryover funds 45) Unprogrammed CDBG - (035-G01-0140-5189) (6,668) Other 46) Unprogrammed CDBG - (035-G01-0140-5197) (96,380) RRHA 47) CDBG Entitlement (035-G03-0300-2201) 2,241,000 48) Other Program Income - (035-G03-0300-2203) 24,989 RRHA 49) Cooper Industries (UDAG) (035-G03-0300-2206) 13,333 50) Parking Lot Income - (035-G03-0300-2207) 60,000 VVilliamson Road (UDAG) 51) Sands Woody Loan (035-G03-0300-2217) 6,722 Repayment 52) SRO Loan to TAP (035-G03-0300-2220) 5,618 53) Homeownership Assistance (035-G03-0300-2222) 10,000 54) Lagniappe Loan (035-G03-0300-2231) 7,620 Repayment 55) KDL Investments Loan (035-G03-0300-2232) 9,964 Repayment 56) Downtown Associates (035-G03-0300-2233) 1,758 57) Hotel Roanoke Loan (035-G03-0300-2234) 290,030 Repayment 58) Rental Rehab Repay (035-G03-0300-2240) 10,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager June 17,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable W. Alvin Hudson, Council Member Honorable William D. Bestpitch, Council Member Honorable William White, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Acceptance of 2002-2003 Community Development Block Grant (CDBG) Program Background: CDBG is a program of the U. S. Department of Housing and Urban Development (HUD) which offers assistance to our community in many ways. The City has received CDBG entitlement grants each year since the inception of the program in 1974 and must submit an action plan annually to HUD to receive such funding. On May 13, 2002, by Resolution No. 35848-051302, City Council authorized filing the 2002-2003 CDBG application through submission of the Annual Update of the Consolidated Plan to the U. S. Department of Housing and Urban Development (HUD) for FY 2002-2003. Considerations: HUD's routine release process is underway, and the HUD approval letter is forthcoming, granting the City access to its 2002-2003 CDBG entitlement of $2,241,000. In addition, $663,994 unexpended from prior year accounts and $440,034 in anticipated program income are also included in this appropriation for FY 2002-2003 programs. Acceptance of the entitlement and appropriation of all funds to the accounts indicated in Attachment A is needed to permit projects to proceed. Recommended Actions: 1. Adopt a resolution accepting the $2,241,000 in 2002-2003 CDBG funds, contingent upon receipt of the approval letter from HUD. Authorize the City Manager to execute the required Grant Agreement, Funding Approval, and other forms required by HUD in order to accept the funds. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 CityWeb:www. ci, roanoke.va.us FAX (540) 853-1138 Honorable Mayor and Members of Council June 17, 2002 Page 2 Appropriate $2,241,000, entitlement, and $440,034 in anticipated program income to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance, as detailed in Attachment A; and o Transfer $663,994 in CDBG accounts from prior years to projects included in the 2002-2003 CDBG program, as detailed in Attachment A. City Manager DLB:mtm Attachment C: Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Frank Baratta, Budget Team Leader CM02-00128 ITEMIZEr EXPENDITURES FOR CDBG FICSCAL YEAR 2002-2003 Account No. Item Description Amount =XPENDITURES Housing 035-G03-0320 5003 CARE / Quick Response to Emergencies $168,842 5057 Empowering Individuals with Disabilities $40,000 5080 Helping Elderly Live Pleasantly $100,000 5108 Demolition $90,000 5354 Connect Four- BRHDC $36,246 5367 Down Payment Assistance / BRHDC "SPARC" $50,000 5368 Employer Assisted Housing Program $150,143 5369 iSoutheast Pilot Project - RRHA $447,302 Subtotal $1,082,533 Planning 035-G03-0321 5284 Fair Housing Activities $25,000 5288 Small Business Counseling & Development Prog. $25,000 Subtotal $50,000 Economic Development Proiects 035-G03-0330 5021 Small Business Development Center / CBDI $105,000 5286 Greater Gainsboro Development Project $461,060 5370 Venture Out $105,000 Subtotal $671,060 Neighborhood Projects 035-G03-0337 5249 Melrose/Rugby - MG $2,000 5257 Loudon/Melrose - MG $2,000 5357 Southeast Action Forum - MG $2,000 5245 Loudon/Melrose - NDG $10,000 5249! Melrose/Rugby Neighborhood Forum - NDG $4,500! 5361 Neighborhood Development Grant - Lead Base Paint Resv. $5,000 5371 Hurt Park - MG $2,000 5122 Mini-Grants $27,500 5296 Lincoln 2000 Infrastructure $295,000 5297 McCray Court Senior Complex $165,777 Subtotal $515,777 Account No. Item Description Amount Human Development Programs 035-G03-0338 5057 Empowering Individuals with Disabilities $25,000 5067 TAP This Valley Works CET $25,000 5084 Apple Ridge Farms $26,000 5152 YMCA Learning Center $25,000 5158 Emergency Assistance Fund $35,000 5160 West End Center $27,000 5169 YMCA Magic Place at Hurt Park $39,611 5222 Resource Mothers $32,237 5263 Business Training Initiative $25,000 5350 YWCA Youth Club $25,000 5299 CHIP Family Strengthening & Support $26,816 5372 Presbyterian Family Services / Pathways $50,000 Subtotal $361,664 TOTAL EXPENDITURES $2,681,034 REVENUE 035-G03-0300-2201 CDBG Entitlement $2,241,000 2203 Other Program Income - RRHA $24,989 2206 Cooper Industries (UDAG) $13,333 2207 Parking Lot Income - Williamson Road (UDAG) $60,000 2217 Sands Woody Loan Repayment $6,722 2220 SRO Loan to TAP $5,618 2222 Homeownership Assistance $10,000 2231 Lagniappe Loan Repayment $7,620 2232 KDL Investments Loan Repayment $9,964 2233 Downtown Associates $1,758 2234 Hotel Roanoke Loan Repayment $290,030 2240 Rental Rehab Repay $10,000 TOTAL REVENUE $2,681,034 ' CDBG ACCOUNT TRANSFERS Account No. Item Description Amount Increase 035-G01-0130-5135 Hotel Roanoke 108 Loan Repayment $127,923 035-G02-0230-5135 Hotel Roanoke 108 Loan Repayment $424,098 Total Hotel Roanoke 108 Loan Repayment- $552,021 035-G02-0237-5297 McCray Court Senior Complex $111,973 Total Transfer Increases $663,994 Account No. Item Description Amount Decrease 035-G01-0140-5184 Unprogrammed CDBG - carryover funds $24,875 035-G01-0140-5189 Unprogrammed CDBG - Other $6,668 035-G01-0140-5197 Unprogrammed CDBG - RRHA $96,380 035-G02-0240-5184 Unprogrammed CDBG - carryover funds $150,143 035-G02-0241-5184 iUnprogrammed CDBG - carryover funds $193,745 035-G02-0240-5188 Unprogrammed CDBG - 108 $44,620 035-G02-0240-5189 Unprogrammed CDBG - Other $70,998 035-G02-0240-5197 Unprogrammed CDBG - RRHA $76,565 Total Transfer Decreases $663,994 \lotus\work\02_03approp MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us June 21,2002 File #60-262-383-472 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Tom Rawlyk, Territory Manager The Presidio Corp. 5100-J Philadelphia Way Lanham, Maryland 20706 Dear Mr. Rawlyk: I am enclosing copy of Resolution No. 35917-061702 accepting the bid of The Presidio Corp., for purchase and installation of Metropolitan Area Network SONET Ring Equipment, in the amount of $683,905.67; and rejecting all other bids received by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Dadene L. Burcham, City Manager Jesse A. Hall, Director of Finance George C. Snead, Jr., Acting Director. General Services Joe D. Slone, Director, Department of Technology Robert H. Bird, Acting Purchasing Manager Barry L. Key, Director, Office of Management and Budget H:~.genda.02XJune 17, 2002 correspondcnccwpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us June 21,2002 File #60-262-383-472 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Verizon Enterprise Solutions SBC Communications, Inc. Nextira One Solutions, EEC. Sprint TDS Telecom Ladles and Gentlemen: lam enclosing copy of Resolution No. 35917-061702 accepting the bid of The Presidio Corp., for purchase and installation of Metropolitan Area Network SONET Ring Equipment, in the amount of $683,905.67; and rejecting all other bids received by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. On behalf of the City of Roanoke, thank.you for submitting your bid on the abovedescribed equipment. MFP:mh Enclosure Sincerely, Mary F. Parker, CMC City Clerk H:%genda.02XJune 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35917-061702. A RESOLUTION accepting the bid of The Presidio Corporation for the purchase and installation of the Metropolitan Area Network SONET Ring Equipment, upon certain terms and conditions; and rejecting all other bids. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid submitted by The Presidio Corporation in the amount of $683,905.67, to furnish and install Metropolitan Area Network SONET Ring Equipment, as set forth in the City Manager's letter to Council dated June 17, 2002, is hereby ACCEPTED. 2. The City Manager is authorized to execute, for and on behalf of the City, any required purchase agreements with respect to the aforesaid equipment, such documents to be in form approved by the City Attorney. 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. O- Purcha~eSonet RishEquil:061702 CITY,. OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21, 2002 File #60-262-383-472 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 35916-061702 amending and reordaining certain .sections of the 2001-02 Department of Technology Fund Appropriations, transferring funds ~n connection with acceptance of a bid submitted by The Presidio Corp., for purchase and installation of Metropolitan Area Network SONET Ring Equipment. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Attachment pc: Darlene L. Burcham, City Manager Joe D. Slone, Director, Department of Technology Barry L. Key, Director, Office of Management and Budget H:X3.genda.02klune 17, 2002 correspondcncc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35916-061702. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Department of Technology 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 2001-2002 Department of Technology Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~3oropriations Capital Outlay $ 11,490,814 Expansion of Network Capacity (1) ............................. 683,906 Disaster Recovery and Network Storage Management (2) ........... 53,094 1 ) Appropriated from General Revenue 2) Appropriated from General Revenue (013-430-9854-9003) (013-430-9860-9003) 196,906 (196,906) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager June17,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Contract Award Metropolitan Area Network SONET Ring Equipment Bid No. 02-02-15 Background: The City currently has a fiber optic based metropolitan area network, which was implemented in 1998/99. The current equipment was installed at that time to support our token ring environment. The City is currently migrating to an all Ethernet and TCP/IP network environment. Upgrading to a Symmetrical Optical Network (SONET) will position the City to better utilize the investment made in the fiber network and allow for implementation of new technologies over the fiber infrastructure such as faster data transmission, video conferencing and voice transmission capabilities on the network for a telephone system solution that will be implemented in October. An Invitation for bid for Metropolitan Area Network SONET Ring Equipment was issued on March 20, 2002. Six (6) bids were received on Friday, April 12, 2002 with The Presidio Corporation, 5100-J Philadelphia Way, Lanham, MD 20706 submitting the Iow bid in the amount of $683,905.67. (See attached bid tabulation.) Funding is available in the amount of $487,000 in account 013-430-9854-9003, Expansion of Network Capacity and in the amount of $196,905 in account 013- 430-9860 -9003, Network Storage Management. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.raanoke.va.us Honorable Mayor and Members of Council June 17, 2002 Page 2 Recommended Action: Authorize the City Manager to accept the bid from The Presidio Corporation for the Metropolitan Area Network SONET Ring Equipment in the amount of $683,905.67 and reject all other bids. Transfer funding of $196,906 from account 013-430- 9860-9003 to 013-430-9854-9003. DLB:js C: Darlene L. Burcham City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Barry L. Key, Director of Management and Budget Joe D. Slone, Director of Technology #CM02-00115 Vendor The Presidio Corp. Verizon SBC Communications, Inc. NextiraOne Solutions, LLC Sprint TDS Telecom Optical Ethernet Sonet Ring Equipment Quotes Equipment $ 576,225.67 $ 587,245.25 $ 584,607.27 $ 657,752.32 $ 656,832.07 $ 756,055.86 Nortel Install Add. Services $ 106,000.00 $ 1,680.00 $ 114,519.57 $ 3,760.00 $ 123,950.00 $ 20,500.00 $ 114,000.00 $ 45,154.00 $ 123,950.00 $ 1,713.99 $ 133,866.00 $ 8,160.00 Total Equip. & Install $ 683,9O5.67 $ 705,524.82 $ 729,057.27 $ 816,906.32 $ 782,496.06 $ 898,081.86 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us June 21,2002 File #102-107-405 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Steven A. Campbell, P.E., Principle Mattern and Craig, Inc. 701 First Street, S. W. Roanoke, Virginia 24016 Dear Mr. Campbell: I am enclosing copy of Resolution No. 35919-061702 authorizing a contract with Mattern and Craig, Inc., for engineering services for inspection of 36 bridges, one tunnel, and related work in connection with the Three Year Bridge Inspection Program (2002 - 2004), in the amount of $60,600.00; and rejecting all other bids received by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Enclosure pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Philip C. Schirmer, City Engineer George C. Snead, Jr., Acting Director, General Services Robert H. Bird, Acting Purchasing Manager H:~genda.02XJune 17, 2002 correspondence.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk@ci.roanoke.va, us June 21,2002 File #57-67-183-323 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Donald E. Shires, Project Manager Hayes, Seay, Mat"tern and Mattern, Inc. 1315 Franklin Road, S. W. Roanoke, Virginia 24016 Dear Mr. Shires and Mr. Brash: Nick A. Brash, P. E, Vice President Lo A. Gates Co. 306 Market Street, S. E. Roanoke, Virginia 24011 I am enclosing copy of Resolution No. 35919-061702 authorizing a contract with Mattern and Craig, Inc., for engineering services for inspection of 36 bridges, one tunnel, and related work in connection with the Three Year Bridge Inspection Program (2002 - 2004), in the amount of $60,600.00; and rejecting all other bids received by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. On behalf of the City of Roanoke, thank you for submitting your bid on the abovedescribed engineering services. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure H:~Agenda.02Uune 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35919-061702. A RESOLUTION authorizing a contract with Mattern & Craig, Inc. for engineering services for the inspection of 36 bridges, one tunnel, and related work in connection with the Three Year Bridge Inspection Program (2002 - 2004). BE IT RESOLVED by the Council oftbe City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a contract with Mattern & Craig, Inc. in the amount of $60,600 for engineering services for the inspection of 36 bridges, one tunnel, and related work in connection with the Three Year Bridge Inspection Program (2002 - 2004), as described in the City Manager's letter to this Council dated Sune 17, 2002. 2. The form of the contract shall be approved by the City Attorney, all as more particularly set forth in the City Manager's letter to this Council dated Sune 17, 2002. ATTEST: City Clerk.- MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us June 21,2002 File #102-107-405 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Donald E. Shires, Project Manager Hayes, Seay, Mattern and Mattem, Inc. 1315 Franklin Road, S. W. Roanoke, Virginia 24016 Dear Mr. Shires: I am enclosing copy of Resolution No. 35918-061702 authorizing a contract with Hayes, Seay, Mattern & Mattem, Inc., for engineering services for inspection of 30 bridges and 15 overhead signs and related work in connection with the Three Year Bridge Inspection Program (2002 - 2004), in the amount of $71,200.00; and rejecting all other bids received by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Philip C. Schirmer, City Engineer George C. Snead, Jr., Acting Director, General Services Robert H. Bird, Acting Purchasing Manager H:k~genda.02Uune 17, 2002 correspondence.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: ¢lerk@ci.roanoke.va. us June 21,2002 File #102-107-405 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Steven A. Campbell, P.E., Principle Mattern and Craig, Inc. 701 First Street, S. W. Roanoke, Virginia 24016 Dear Mr. Campbell and Mr. Brash: Nick A. Brash, P. E., Vice President L. A. Gates Co. 306 Market Street, S. E. Roanoke, Virginia 24011 I am enclosing copy of Resolution No. 35918-061702 authorizing a contract with Hayes, Seay, Mattern & Mattern, Inc., for engineering services for inspection of 30 bridges and 15 overhead signs and related work in connection with the Three Year Bridge Inspection Program (2002 - 2004), in the amount of $71,200.00; and rejecting all other bids received by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. On behalf of the City of Roanoke, thank you for submitting your bid on the abovedescribed engineering services. MFP:mh Enclosure Sincerely, Mary F. Parker, CMC City Clerk H:~Agcnda.02~June 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35918-061702. A RESOLUTION authorizin~ a contract with Hayes, Seay, Mattem & Mattern, Inc. for engineering services for the inspection of 30 bridges and 15 overhead signs and related work in connection with the Three Year Bridge Inspection Program (2002 - 2004). BE IT RESOLVED by the Council oftbe City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a contract with Hayes, Seay, Mattern & Mattem, Inc. in the amount of $71,200 for engineering services for the inspection of 30 bridges and 15 overhead signs and related work in connection with the Three Year Bridge Inspection Program (2002 - 2004), as described in the City Manager's letter to this Council dated Sune 17, 2002. 2. The form of the contract shall be approved by the City Attorney, ail as more particularly set forth in the City Manager's letter to this Council dated Sune 17, 2002. ATTEST: city C erk. Office of the City Manager June 17,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Contract Award Three Year Bridge Inspection Program (2002 - 2004) Proposal No. 02-01-09 The 1978 Surface Transportation Act enacted by Congress requires that all bridges, including "off Federal Aid System" structures, must be included in the annual inspection program. Bridge Inspection Reports are required on 66 structures in the City of Roanoke this year. Thirty-one structures are inspected annually while 35 structures are inspected bi-annually. The Federal Highway Administration has established a new requirement that overhead sign structures are to be inspected. Fifteen of these structures exist within the City. One tunnel also needs to be inspected. Request for Proposals for the necessary technical inspection and reports were publicly advertised and received from the following firms: Hayes, Seay, Mattern & Mattern, Inc.' L.A. Gates Company; and Mattern & Craig, Inc. ' A selection committee consisting of Philip Schirmer, City Engineer; Kenneth King, Manager of Streets and Traffic; and Jan Bruce, Engineering Technical Supervisor, conducted interviews with all three firms. The complexity of bridge inspections led the staff to select two qualified firms to complete the work by apportioning it among two firms. Negotiations were conducted with the two most qualified firms (Hayes, Seay, Mattern & Mattern, Inc. and Mattern & Craig, Inc.) for the necessary technical inspections and reports. Both firms have agreed to contracts for the first year with up to two additional one year extensions. Hayes, Seay, Mattern & Mattern, Inc. has agreed to inspect 30 bridges and 15 overhead signs for the cost of $71,200. Mattern & Craig, Inc. has agreed to inspect 36 bridges and one tunnel for the cost of $60,600. Funding in the amount of $131,800 is available for the first year contracts in account number 001-530-4310-3072 in the Fiscal Year 2002-03 budget. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci .roanoke,va .us Honorable Mayor and Members of Council June 17, 2002 Page 2 Recommended Action: Authorize the City Manager to execute separate Contracts for Consulting Services for the above work with Hayes, Seay, Mattern & Mattern, Inc. and Mattern & Craig, Inc. in the amounts of $71,200 and $60,600, respectively, for the first year (2002) for bridge and overhead sign structure and tunnel inspection services. These contracts may be extended for two additional one-year terms at the option of the City of Roanoke. ubmitted, ~'Darlene L.'~ m'~~~~ City Manager DLB/JGB/bls C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Philip C. Schirmer, City Engineer #CM02-00117 CITY OF ROANOKE Office of the City C[erk Mary F. Parker, CMC City Clerk June 21, 2002 File #60-236-304 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35921-061702 authorizing acceptance of reimbursement from the USDA Food and Nutrition Service on behalf of the City of Roanoke for program costs for implementation of the Summer Nutrition Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Jesse A. Hall, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Glenn D. Radcliffe, Director, Human Services Steven C. Buschor, Director, Parks and Recreation Wlodek A. Zaryczny, Director, Libraries Marion A. Vaughn-Howard, Youth Services Planner Barry L. Key, Director, Management and Budget H:~4.genda.02Uune 17, 2002 corrcspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35921-061702. A RESOLUTION authorizing acceptance of reimbursement from USDA Food and Nutrition Service on behalf of the City for program costs for the implementation of the summer program, 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. BE IT RESOLVED by the Council of the Cityof Roanoke that: 1. Funding from the USDA Food and Nutrition Service, in the amount of $151,193.00 for coordinated planning and program implementation of the Summer Food Service Program, as set forth in the City Manager's letter, dated June 17, 2002, to this Council, are hereby ACCEPTED. 2. The City Manager, or her designee, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of this grant and to furnish such additional information as may be required in connection with the City's acceptance of the foregoing fimds. All documents shall be approved as to form by the City Attorney. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21, 2002 File #60-236-304 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 35920-061702 amending and reordaining certain sections of the 2002-03 General and Grant Funds Appropriations, providing for appropriation of funds in connection with reimbursement of funds from the United States Department of Agriculture Food and Nutrition Service for the Summer Nutrition Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Attachment pc: Darlene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Glenn D. Radcliffe, Director, Human Services Steven C. Buschor, Director, Parks and Recreation Wlodek A. Zaryczny, Director, Libraries Marion A. Vaughn-Howard, Youth Services Planner Barry L. Key, Director, Management and Budget H:kAgenda.02k/unc 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35920-061702. AN ORDINANCE to amend and reordain certain sections of the 2002-2003 General and Grant Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund A~3Dro~3riations Health and Welfare $ 27,480,383 Human Services Support (1) ................................................................ 140,887 Nondepartmental $ 69,615,968 Transfers to Other Funds (2) ................................................................ 68,624,026 Grant Fund Appropriations ~ Health and Welfare $ 3,477,917 Summer Food Program FY03 (3-5) ........................................................ 166,193 Revenues .. Health and Welfare $ 3,477,917 Summer Food Program (6-7) ............................................................... 166,193 1) Fees For Professional Service (001-630-1270-2010) $ (15,000) 2) Transfer to Grant Fund (001-250-9310-9535) 15,000 3) Temporary Employee Wages (035-630-5187-1004) 29,850 4) FiCA 5) Program Activities 6) Federal Grant Receipts 7) Local Match (035-630-5187-1120) (035-630-5187-2066) (035-630-5187-5189) (035-630-5187-5189) $ 1,136 135,207 151,193 15,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager June 17,2002 Honorable Ralph K. Smith, Mayor, Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor and Members of Council: Subject: Summer Food Appropriation Background: The City of Roanoke continues to provide for the nutritional needs of children and youth during the summer months through its Office on Youth supervised Summer Nutrition Program. Breakfast and lunch are provided to children throughout the City from mid-June through early August. More than 2,300 children/youth received lunch and/or breakfast on a daily basis at eighteen sites during the summer of 2001 (Attachment 1). Funds for the program, now in its ninth year, are provided through the United States Department of Agriculture Food and Nutrition Service. It is similar in concept to the National School Lunch Program with eligibility requirements much like those used to determine eligibility for free or reduced priced meals during the school year. The purpose is to provide nutritionally balanced healthy meals to children ages one through eighteen. Adult, summer staff manages the program and youth are hired to assist at the feeding locations. The City is reimbursed on a per meal basis. Local cash match in the amount of $15,000.00 was appropriated in the FY03 General Fund budget in Human Services Support budget account 001-630-1270-2010. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us Honorable Mayor and Members of City Council June 17, 2002 Page 2 Recommended Action(s): Authorize the City Manager to accept the projected federal funds of $151,193 from the United States Department of Agriculture Food and Nutrition Service. Decrease the FY03 Human Services Support account 001-630-1270-2010 by $15,000 and increase the FY03 budget estimate for the Transfer to Grant Fund account 001-250-9310-9535 by $15,000. Transfer $15,000 local cash match to the grant fund. Authorize the Director of Finance to establish a revenue estimate in the amount of $151,193, and appropriate funds to expenditure accounts listed in Attachment 1. Respectfully submitted, City Manager DLB:MVH:pr Attachment 1 cc: Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Rolanda A. Johnson, Assistant City Manager for Community Development Glenn D. Radcliffe, Director of Human/Social Services Steven C. Buschor, Director of Parks and Recreation Wlodek Zaryczny, Director of Libraries Marion Vaughn-Howard, Program Manager, Office on Youth/Community Ed. #CM02-00103 Attachment I Budget Breakdown 1004 Temporary Wages 1120 FICA 2066 Program Activities TOTAL Summer Food Sites 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Apple Ridge Farms, Cooper Hill (off-site center) Blue Stone Housing Project Eureka Park Recreation Center Hunt Manor Housing Project Hurt Park Housing Project Indian Rock Village Housing Project Jamestown Place Housing Project Lansdowne Housing Project Lincoln Terrace Housing Project Jackson Park Recreation Center Rutherford Head Start Center Salvation Army Noel C. Taylor Academy/Job Training Sites YMCA Family Center 9th Street Boys & Girls Club Roanoke Academy of Math & Science Garden City Elementary School Huff Lane Elementary School CITY OF RO,4NO Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 File #60-405-468 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 35922-061702 amending and reordaining certain sections of the 2001-02 Water Fund Appropriations, providing for appropriation of $192,506.00, in connection with design and consulting services for four water system distribution improvement projects. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations Michael McEvoy, Director of Utilities Jesse H. Perdue, Jr., Manager, Water Department Barry L. Key, Director, Office of Management and Budget H:'~Agenda.02'0'une 17, 2002 corrcspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35922-061702. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Water 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 2001-2002 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay Mill Mountain Service Area Improvements (1) ..................... Orange Avenue Waterline Replacement (2) ...................... Hollins Road Waterline Replacement (3) ........................ Brambleton Avenue Waterline Replacement (4) ................... $ 8,426,699 58,876 30,265 70,055 33,310 Retained Earnings Retained Earnings - Available for Appropriation (5) .................. $ 2,978,494 1) Appropriated from General Revenue 2) Appropriated from General Revenue 3) Appropriated from General Revenue 4) Appropriated from General Revenue 5) Retained Earnings - Available for Appropriation (002-530-8409-9003) (002-530-8410-9003) (002-530-8411-9003) (002-530-8412-9003) (002-3348) 58,876 30,265 70,055 33,310 (192,506) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager June 17,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice-Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Funding Request For Consulting Services for Design of Four Water Distribution System Improvement Projects Utility Department staff have identified four projects to improve water system reliability and increase service conditions to the citizens of Roanoke. These projects include 1) a pump station and associated water main improvements to increase service to Mill Mountain and the neighborhoods bounded by Walnut Avenue and Hamilton Terrace; 2) water transmission main improvements to: Orange Avenue, N.W.; Hollins Road, N.E.; and Brambleton Avenue, S.W. Proposals were received from 10 engineering firms. Three (3) firms were short listed and interviewed. Mattern & Craig, Inc., a local engineering firm, was selected. City staff have negotiated acceptable agreements for the above work in the form of a lump sum fee for the four (4) projects as follows: Mill Mountain Service Line $58,876; Orange Avenue $30,265; Hollins Road $70,055; and Brambleton Avenue $33,310. Funding is available from retained earnings in the Water Fund but funds need to be appropriated by Council. The City Manager already has authority to execute each contract since each is within her authority as provided in the City Code. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 CityWeb:www. ci .roanoke.va .us FAX (540) 853-1138 Honorable Mayor and Members of Council Design of Water Distribution System Improvements June 17, 2002 Page 2 Recommended Action: Appropriate $192,506 from Water Fund retained earnings to accounts to be established to provide design and consulting services for the four Water System Distribution Improvement projects. Respectfully submitted, City Manager DLB:je C: George C. Snead, Jr., Assistant City Manager for Operations Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Michael McEvoy, Director of Utilities Jesse Perdue, Water Division Manager Council Letter #CM02-00122 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 File #27-60-468 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Resolution No. 35923-061702 amending and reordaining certain sections of the 2001-02 Capital Projects Fund Appropriations, providing for appropriation of $195,000.00, in connection with design of various stormwater management projects. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Philip C. Schirmer, City Engineer Barry L. Key, Director, Office of Management and Budget H:~4.genda.02~/un¢ 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35923-061702. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Storm Drains Trevino Drive Phase II Design Fees (1) .......................... Harvest Lane Drainage Project Design Fees (2) ..................... Ohio Street/Courtland Avenue Design Fees (3) .................... Narrows Lane Project Design Fees (4) .......................... Ore Branch Channel Stabilization Design Fees (5) ................. RClT Detention Maintenance Design Fees (6) ..................... Moomaw Heights Project Design Fees (7) ........................ $ 2,847,131 30,000 30,000 30,000 15,000 30,OOO 30,000 30,000 Capital Improvement Reserve $ 22,991,139 Public Improvement Bonds - Series 1999 (8) ..................... 2,170,748 1) Appropriated from Series 1999 Bond Issue 2) Appropriated from Series 1999 Bond Issue 3) Appropriated from Series 1999 Bond Issue (008-530-9784-9001) (008-530-9785-9001) (008-530-9786-9001 ) $ 30,000 30,000 30,000 4) Appropriated from Series 1999 Bond Issue 5) Appropriated from Series 1999 Bond Issue 6) Appropriated from Sedes 1999 Bond Issue 7) Appropriated from Series 1999 Bond Issue 8) Storm Drains (008-530-9787-9001 ) (008-530-9788-9001 ) (008-530-9789-9001 ) (008-530-9790-9001 ) (008-052-9709-9176) $ 15,000 30,000 30,000 30,000 (195,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. June 17, 2002 Office of the City Manager Honorable Ralph K. Smith, Mayor . Honorable William H. Carder, ~Tice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Funds Transfer pDMesign for Various S. tormwater anagement Proiect,s~ roposal No. 01-08-1u The procedure for preparing a project for construction is a lengthy process due to the time required to complete the design, finalize the construction documents and acquire the necessary property or easements. Funding of $2.0 million for the construction of storm drain projects is planned in the next general obligation bond issue expected to be issued in approximately FY04. In order to-be proactive, the Engineering Division is moving forward with the design of numerous storm drain projects so that construction can begin soon after funding is available. Request for proposals were sent to twelve engineering firms who were invited to submit their qualifications. Eight of these firms Were interviewed and six firms were selected to provide design services. The CIP Storm Drainage Projects List has been reviewed and the following highest rated priority projects have been selected for design: PROJECT DESIGN FIRM ESTIMATED DESIGN COSTS Draper Aden Associates, Inc. 1528 Cove Road 2206 South Main Street Trevino Drive Phase II Blacksburg, Virginia 24060 $ 30,000 Anderson & Associates of Virginia, Inc. Westover Avenue (2500 Block) 100 Ardmore Street Harvest Lane Drainage Project Blacksburg, Virginia 24060 $ 30,000 4457 Ohio Street 3132 Courtland Avenue CaldwelI-White Associates, PLC (800 Block Queen Avenue, 4203 Melrose Avenue, N.W. 3100 Block Lyndhurst Street) Roanoke, Virginia 24017 $ 30,000 LMW, P.C. 102 Albemarle Avenue, S.E. 4501 & 4513 Narrows Lane Roanoke, Virginia 24013 $ 15,000 Hayes, Seay, Mattern & Mattern, Inc. 1315 Franklin Road, S.W. Ore Branch Channel Stabilization Roanoke, Virginia 24016 $ 30,000 RClT Detention Maintenance at Engineering Concepts, Inc. Cooper Industries 20 South Roanoke Street RClT Detention Maintenance at Fincastle, Virginia 24090 Orvis/Elizabeth Arden $ 30,000 LMW, P.C. Moomaw Heights 102 Albemarle Avenue, S.E. 738 Windsor Avenue Roanoke, Virginia 24013 $ 30,000 Room 3(54 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us Honorable Mayor and Members of Council June 17, 2002 Page 2 The cost to fund the design the above list of storm drain projects is $195,000. Funding is available in Public Improvement Bonds-Series 1999, account number 008-052-9709-9176. Recommended Action: Transfer $195,000 from account number 008-052-9709-9176, Public Improvement Bonds- Series 1999, to new capital projects accounts to be established by the Director of Finance. Re. spectfully submitted, City Manager DLB/CAB/bls C' Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Philip C. Schirmer, City Engineer #CM02-00119 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 File #392 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35924-061702 authorizing the City Manager's issuance of Change Order No. 2 to the City's contract with Breakell, Inc., for upgrading existing 3/4" water service to 2" water service, installing waterlines, and installing two 4" and one 2" schedule 80 PVC conduits to each of the eight buildings west of the InSystems Technologies building, located along Norfolk Avenue, S. W., along Warehouse Row, in connection with Phase V of the Railside Linear Walk Project, in the amount of $37,640.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, MFP:mh Mary F. Parker, CMC City Clerk Attachment pc: Jesse A. Hall, Director of Finance Philip C. Schirmer, City Engineer George C. Snead, Jr., Assistant City Manager for Operations Michael McEvoy, Director of Utilities Jesse H. Perdue, Jr., Manager, Water Department Barry L. Key, Director, Management and Budget H:'~Agenda.02XJune 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35924-06].702. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 2 to the City's contract with Breakell, Inc. for upgrading the existing %" water service to 2" water service, installing waterlines, and installing two 4" and one 2" schedule 80 PVC conduits to each of the eight buildings west of the InSystems Technologies building, located along Norfolk Avenue, S.W., along Warehouse Row, in connection with Phase V of the Rallside Linear Walk Project; and providing for an emergency. BE IT ORDAEqED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, Change Order No. 2 to the City's contract with BreakeH, Inc. for upgrading the existing %" water service to 2" water service, installing 6' waterlines,' and installing two 4" and one 2" schedule 80 PVC conduits to each of the eight buildings west of the InSysterns Technologies building, located along Norfolk Avenue, S.W., along Warehouse Row, in connection with Phase V of the Rallside Linear Walk Project, ail as more fully set forth in the letter to this Council dated June 17, 2002. 2. This Change Order will provide authorization for additions in the work with an increase in the amount of $37,640.00 to the contract, all as set forth in the above letter. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed ~o exist, and this ordinance shall be in furl force and effect upon its passage. ATTEST: H:~easures~o2 railside linear walk phave v. doc City Clerk. Office of the City Manager June 17,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Change Order No. 2 Railside Linear Walk - Phase V Breakell, Inc. was awarded a contract in the amount of $645,969 for the construction of Phase V of the Railside Linear Walk Project. Phase V will erect the elevated walkway along Warehouse Row. Change Order No. 1 was administratively approved in the amount of $343 with a contract time extension of three days. Change Order No. 2 was requested to assist future development of the eight Warehouse Row properties west of the InSystems Technologies building located along Norfolk Avenue, S.W. While this area is under construction, this is the appropriate time to provide the necessary utility and telecommunication upgrades. We are providing the capacity for each building to be utilized as a restaurant or high-tech office space. The waterline to each building will be upgraded in order to supply adequate water service. The placement of conduits to each building will allow for future access of various cable companies, telephone services, internet service, etc. as needed by the tenant. As each building is remodeled, the fire code will require the building to have a sprinkler system. With this change order, there will be a 6" waterline installed to each building to support fire protection demands. Change Order No. 2 is as follows: Upgrade the existing %" water service to 2" water service to each building. Install 6" waterlines to each building. Install two 4" and one 2" schedule 80 PVC conduits to each building. Thirty (30) additional days of contract time is required to complete the above tasks. Summary of Changes: Contract Amount Change Order No. 1 Proposed Change Order No. 2 $645,969 343 37,640 Total Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 CityWeb:www. ci.roanoke.va.us lAX (540) 853-1138 Honomble Mayorand Members of Council June 17,2002 Page 2 Funding for Change Order No. 2 in the amount of $37,640 is available in account number 008-530-9759, Railside Linear Walk - Phase V. Recommended Action: Authorize the City Manager to execute Change Order No. 2 in the amount of $37,640 with Breakell, Inc. with a contract time extension of three days for the above work. DLB/CAB/bls City Manager C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Philip C. $chirmer, City Engineer #CM02-00123 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 File #468 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35925-061702 authorizing the City Manager's issuance of Change Order No. 3 to the City's contract with Mid Eastern Builders, Inc., in connection with the Crystal Spring Water Treatment (Filtration) Plant Project, in the amount of $41,224.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Jesse A. Hall, Director of Finance Philip C. Schirmer, City Engineer George C. Snead, Jr., Assistant City Manager for Operations Michael McEvoy, Director of Utilities Jesse H. Perdue, Jr., Manager, Water Department H:'~Agenda.02klune 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35925-061702. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 3 to the City's contract with Mid Eastern Builders, Inc. in connection with the Crystal Spring Water Treatment (Filtration) Plant Project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, Change Order No. 3 to the City's contract with Mid Eastern Builders, Inc. for providing spare parts for the U.S. Filter Membrane System per Spare Parts List as required by the Vh'ginia Department of Health; lowering the depth of the wastewater pump station from elevation 936.00 to 930.00; increasing wastewater pump(s) from 100 gpm at 17 foot head to 250 gpm at 25 foot head; providing one 2" pressure vacuum breaker, in the domestic water pipe, downstream of the water softener and upstream of the clean-in-place chemical tanks; providing one 3" double-check valve assembly (DCVA) in the pipe that serves the building sprinkler system in lieu of the 3" check valve specified in the Domestic Water Riser; changing the "Total System Capacity" for the chlorine feed system to a minimum of 200 pounds per day; providing two 2" PVC conduit from the pump station to the treatment building for connection of computers to water system controls; and providing one 8'd x 1 '-6" concrete riser section to heat exchanger manhole to bring top to grade, in connection with the Crystal Spring Water Treatment (Filtration) Plant Project, all as more fully set forth in the letter to this Council dated June 17, 2002. 2. This Change Order will provide authorization for additions in the work with an increase in the amount of $41,224 to the contract, all as set forth in the above letter. H:kMeasures~co3 crystal spring water, doc 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City H:~feasure~co3 crystal spring w~er. dec Office of the City Manager June 17,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: hange Order No. 3 rystal Spring Water Treatment (F~ltration) Plant Mid Eastern Builders, Inc. was awarded a contract in the amount of $4,477,000 at the October 1, 2001 meeting of City Council for building construction and equipment installation at the Crystal Spring Water Treatment (Filtration) Plant as defined in the contract documents prepared by Wiley & Wilson, Inc. Change Order No. 1 was administratively approved in the amount of $14,902 and Change Order No. 2 was approved by City Council at its meeting on May 20, 2002 in the amount of $108,216 with a contract time extension of two days. Change Order No. 3 addresses changes in the_proposed construction due to plan review comments provided recently by the Virginia Department of Health (VDH). Change Order No. 3 is as follows: 1. Provide spare parts for the U.S. Filter Membrane System per Spare Parts List as required by the VDH ($19,362). 2. Lower the depth of the wastewater pump station from elevation 936.00 to 930.00. Increase wastewater pump(s) from 10Ogpm at 17 foot head to 250 gpm at 25 foot head. This is to accommodate chemical backwash water to sanifary sewer as requi,r, ed ~b,y the VDH. This required the sanitary sewer pipe to be changed from a 4 to 6 pipe ($8,131). 3. a. Provide one 2" pressure vacuum breaker, in the domestic water pipe, downstream of the water softener and upstream of the clean-in-place chemical tanks. b. Provide one 3" double-check valve assembly (DCVA) in the pipe that serves the building sprinkler system in lieu of the 3" check valve specified in the Domestic Water Riser. c. Change the "Total System C, apacity" for the chlorine feed system to a minimum of 200 pounds per oay. d. The metering pump for the fluoride shall be capable of feeding up to 20 gallons per hour of sodium fluoride solution ($5,954 - Items a, b, c, and d). Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1501 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci,roanoke.va.us Honorable Mayor and Members of Council June 17, 2002 Page 2 4. Provide two 2" PVC conduit from the pump station, to the treatment building for connection of computers to water system controls ($6,157). 5. Provide one 8'd x 1'-6" concrete riser section to heat exchanger manhole to bring top to grade ($1,620). No additional construction time is required for this change order. Our construction administration consultant, Construction Dynamics Group, Inc., recommends approval of this change order. Summary of Changes: Contract Amount $4,477,000 Change Order No. 1 14,902 Change Order No. 2 108,216 Proposed Change Order No. 3 41,224 Total ~ Funding for Change Order No. 3 in the amount of $41,224 is available in account number 002-530-8397, Crystal Spring Water Treatment Plant Construction. Recommended Action: Authorize the City Manager to execute Change Order No. 3 in the amount of $41,224 with Mid Eastern Builders, Inc. for the above work. City Manager--' DLB/LBC/bls c: Ma.ry F. Parker, City Clerk Wilham M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Philip C. Schirmer, City Engineer #CM02-O0118 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 !- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us June 21,2002 File #192 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Ronald Gilbert, Area Manager Tickets.corn, Inc. 3702 Pender Drive, Suite 205 Fairfax, Virginia 22030 Dear Mr. Gilbert: I am enclosing copy of Resolution No. 35926-061702 accepting the proposal of Tickets.com, Inc., to provide ticketing and related services for the City's Civic Facilities for a five year period with an option to renew for up to an additional five years, upon mutual agreement by the parties involved; and rejecting all other bids received by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Dadene L. Burcham, City Manager Jesse A. Hall, Director of Finance George C. Snead, Jr., Acting Director, General Services James M. Evans, Director, Civic Facilities Robert H. Bird, Acting Purchasing Manager Barry L. Key, Director, Office of Management and Budget H:XAgenda. O2XJune ! 7, 2002 correspondence.wpd · MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us June 21, 2002 File #192 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Alyce Fuller, General Manager Ticketmaster, Inc. 4445 Corporation Lane Virginia Beach, Virginia 23462 Dear Mr. Fuller: I am enclosing copy of Resolution No. 35926-061702 accepting the proposal of Tickets.com, Inc., to provide ticketing and related services for the City's Civic Facilities for a five year period with an option to renew for up to an additional five years, upon mutual agreement by the parties involved; and rejecting all other bids received by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. On behalf of the City of Roanoke, thank you for submitting your bid on the abovedescribed services. MFP:mh Enclosure Sincerely, Mary F. Parker, CMC City Clerk H',Agenda.02XJune 17, 2002 correspondence.wpd 4. The City Manager is further authorized to take such further action and/or execute such further documents as may be necessary to implement and administer such Contract. 5. Any and all other proposals made to the City for providing computerized ticketing and related services are hereby REJECTED, and the City Clerk is directed to notify each such offeror and to express to each the City's appreciation for such proposal. ATTEST: city Cler . 2 Office of the City Manager June 17,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Ticketing Services Agreement at City Civic Facilities Background: The City's current Agreement for the provision of ticketing services at the Roanoke Civic Center expires on July 31, 2002. In order to secure a ticket service provider City Council authorized the process identified as "competitive negotiation" at it meeting on January 7,2002. Sealed proposals were received from four vendors on April 11,2002. A selection committee reviewed the proposals and selected two finalists that were then interviewed in accordance with City Code Section 23.1-4.1 (c). Selection criteria included experience, ability and capacity to perform the required duties and responsibilities, equipment, service and maintenance, marketing, price, and revenue opportunities for the City. A summary of the two proposals, as well as our current arrangement, is attached as Attachment 1. The selection committee selected tickets.com, Inc. as the company whose proposal best meets the interests of the City. At its meeting on May 20,2002, the Civic Center Commission authorized the Chair of the Commission to sign a letter to Roanoke City Council (Attachment 2) recommending a five year Agreement between the City and tickets.com, Inc. for ticketing services at the Roanoke Civic Center, and other City Civic Facilities as Council may deem appropriate, and subject to the Director of Civic Facilities receiving a contract from them with terms acceptable to the Director and the City Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci. roanoke.va, us Honorable Mayor and Members of Council June 17, 2002 Page 2 Manager which they can recommend to City Council. Such contract has been received and is acceptable to the Director and City Manager and is attached as Attachment 3. The contract contains a mutual indemnity clause. There are no funding issues with this agreement as there are no charges to the City that will not come out of the ticket proceeds. Recommended Action: Council accept the proposal of Tickets.com, Inc. and authorize the City Manager to execute a five-year contract with Tickets.com, Inc. substantially similar to the form attached (Attachment 3), with an option to renew for up to five additional years to provide ticketing services at Roanoke's Civic Facilities and to take such further action and/or execute such further documents as may be necessary to implement and administer such contract. Respectfully submitted, City Manager Attachments C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance George C. Snead, Assistant City Manager for Operations Barry L. Key, Director of OMB Robert H. Bird, Acting Purchasing Manager James M. Evans, Director of Civic Facilities #CM02-O0114 TicketinQ Comparisons Item Current Contract TicketMaster Tickets.com Customer Service Charge $2.75/$3.75 $3.00-$4.75 $2.50-$6.50 Revenue Share to City $ 0 $0.25-$0.75 $0.63-$1.62 Per Order Handling Charge $3.00 $2.00-$3.00 $3.00 Handling Fee Commissions $0 $0.50/order on $0 $3.00 fee Credit Card Fees (charged to 2.8%-3.25% 2.80%-3.25% 2.5% promoter) Per Ticket Charge (charged to $0.07-$0.10 $0.07-$0.10 $0.05 per ticket promoter) Season Account Storage $3 per account N/C on first 300, $0 $2.50 each after Marketing Support: Initial Start up $0 $10,000 Annual Support $0 $5,000 $10,000/year Equipment 8 Units Civic 10 Units Civic 12 units Civic Center Center, none Center, 10 Units committed to Stadium stadium Value of Ticketing Equipment $21,032 $73,656 Cost for Telecommunications $0 $0 $0 Annual City Revenue $0 $36,270 $70,000 (based on current sales) Local Maintenance Support None None. Technician 1 person full time located in in Roanoke Richmond May 20, 2002 Honorable Ralph Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Recommendation on Ticketing Services Provider At a meeting of the Roanoke Civic Center Commission on May 20, 2002, the Commission reviewed information on computerized ticketing services for the Roanoke Civic Center as the existing agreement with Ticketmaster, Inc. is scheduled to terminate on July 31, 2002. The City issued a request for proposals for computerized ticketing services and received four proposals on April 2, 2002. ^ selection committee reviewed all four proposals and selected and interviewed two finalists. Based upon the recommendation of the selection committee and the Director of Civic Facilities, the proposal from Tickets.rom, Inc., is the proposal that best meets the interests of the City for the various Civic Facilities, including the Roanoke Civic Center. The Commission recommends that City Council authorize a five year Agreement between the City and Tickets.rom, Inc. for ticketing services at the Roanoke Civic Center, and other City Civic Facilities as Council may deem appropriate, and subject to the Director of Civic Facilities receiving a contract from them with terms acceptable to the Director and the City Manager. Calvin Johnson Chairman C: Members of Civic Center Commission Darlene L. Burcham, City Manager James M. Evans, Director of Civic Facilities TICKETING SERVICES AGREEMENT This Ticketing Services Agreement (hereinafter "Agreement") is entered into this ~ day of June, 2002, and effective as of August l, 2002 (hereinafter "Commencement Date") by and between Tickets. corn, Inc. (hereinafter "Tickets.eom" or "Contractor"), a Delaware corporation, at 555 Anton Boulevard, Costa Mesa, California 92626, (714) 327-5400 phone / (714) 327-5410 facsimile, and the City of Roanoke, Virginia, (hereinafter "Principal" or "City"), a Virginia municipal corporation at Post Office Box 13005, Roanoke, Virginia, 24030-3005, (540) 853-2241 phone/(540) 853-2748 facsimile. Recitals: Tickets.corn provides comprehensive ticketing services for entertainment facilities and events, and maintains a disthbution network for the sale of tickets made available generally to the public, via any and all means and methods, including, but not limited to, Telephone Call Centers, Retail Outlets and Electronic Commerce Sales. B. Principal has selected Tickets~com and Tickets.eom has agreed to provide ticketing and other services for events in accordance with the terms and conditions set forth herein. In consideration of the premises and the mutual promises and covenants contained in this Agreement, the parties, intending to be legally bound, agree as follows: 1. Basic Terms. The following basic terms are incorporated into and made an integral part of this' Agreement, as each is referenced elsewhere in this Agreement: · A. Principal: As noted above. Facility (name and address), if different from Principal: 1. Roanoke Civic Center, 710 Williamson Road; 2. Victory Stadium, Reserve Avenue; and, 3. New Stadium/Amphitheater, Courtland Drive. B. Term: Five (5) years beginning on the Commencement Date, and as further outlined in Section 4 of this Agreement. C. Charges Paid by Principal: 1. Inside Charges a. Retail Outlet Sales Fee: No applicable charges. b. Telephone/Internet Sales: No applicable charges. c. Box Office Sales Per Ticket Fee: Five cents ($0.05) per Ticket d. Other Per-Ticket Printing Fee: No applicable charges. 2. Setup Fee: No applicable charges. Ticketing Services Agreement 06/13/2002 Page I D. Credit Card Fees: Tickets.eom agrees to accept MasterCard, Visa, American Express and Discover Card, and such other cards as Principal and Tickets.corn may agree to in writing. Two and one-half percent (2.5%) of the Net Ticket Proceeds for all Tickets purchased utilizing the Tickets.corn's Distribution Channels in which the Tickets.corn's credit card authorization system is used shall be paid in accordance with Section 6 (B). If the credit card intemhange rate to Tickets.eom for any of the above credit cards is increased while this Agreement is in effect, the corresponding fee for that credit card shall automatically be increased by a like amount for the remainder of this Agreement provided ninety (90) days written notice is given to Principal prior to any such increase and sufficient written documentation to support such increase is given. E. Customer Service Charges Paid by Customer: Ticket Price All Tickets.eom Per-Order Distribution Channels Handling Fee $0.00 - $9.99 $2.50 $3.00 $10.00 - $19.99 $3.50 $3.00 $20.00 - $29.99 $4.50 $3.00 $30.00 - $39.99 $5.50 $3.00 $40.00 - $49.99 $6.00 $3.00 $50.00 - $59.99 $6.50 $3.00 1. Ticket Prices: Principal shall establish the face price of all tickets sold through the Tickets.corn System. Any and all taxes associated with the sale of such Tickets will be the responsibility of the Principal as outlined in Section 6 of this Agreement. Customer Service Charge: Tickets.corn shall retain in full the Customer Service Charge, except as otherwise noted herein. Per Ticket Customer Service Charges will increase fifty cents ($0.50) for every ten dollar ($10.00) face value increment over Sixty dollars ($60.00) and above. e 3. Per-Order Handling Fee: Tickets.corn shall retain in full the Per-Order Handling Fee for all orders placed via Interact or Telephone. e Principal and Tickets.eom will mutually determine to reduce the Customer Service Charges for special events, such as Ringling Bros. Cimus, Disney on Ice, and certain other family/children's shows. Neither party shall unreasonably withhold such agreement. 5. Tickets.corn will increase the Customer Service Charges by twenty-five cents ($0.25) every other year upon commencement of year two (2) of this Agreement. 6. Tickets.eom will increase the Per-order Handling Fee by twenty-five cents ($0.25) every other year upon commencement of year two (2) of this Agreement. Revenue Share Paid by Tickets. com: Principal shall receive a Revenue Share in the amount of twenty-five percent (25%) of the Customer Service Charge, which Tickets.corn receives from the sale of Principal's Tickets. Revenue Share: Upon the commencement of Ticket sales, Tickets.eom will withhold all per- Ticket Revenue Share due to Principal until all prepaid Revenue Share amount paid to Principal has been recovered by Tickets.com. Thereafter, Principal shall receive the per- Ticket Revenue Share amount on each settlement date. Ticketing Services Agreement 06/13/2OO2 Page 2 e Prepaid Revenue Share: Tickets.eom shall pay to Principal a prepayment against future Revenue Share in the amount of Fifty thousand dollars ($50,000) which shall be due and payable by August 31, 2002. Go Equipment: Principal shall pay Tickets.eom no monthly fees for Equipment as set forth in Exhibit A attached hereto and made a part hereof. Tickets.corn will commit to supplying the City of Roanoke Stadium/Amphitheatre, which is scheduled to be open in 2004, with Equipment as set forth in Exhibit A. H. Data Communications: Tickets.corn shall be responsible for all monthly data line fees. Settlement: Tickets.corn shall pay Principal an amount equal to the Gross Ticket Proceeds collected by Tickets.corn less the amounts Tickets.corn is entitled to retain pursuant to this Agreement. Such payment shall be made via Automatic Clearing House (ACH) or by check on or about Friday of each week with respect to Events, which have occurred during Monday through Sunday of the week preceding such payment date. Je Advertising and Sponsorship: Tickets.corn shall expend an annual marketing/advertising budget in the amount of Twenty thousand dollars ($20,000.00) during the first year of this Agreement. Tickets.eom shall then expend an annual marketing/advertising budget in the amount often thousand dollars ($10,000.00) during each additional year of this Agreement for use by Principal to specifically promote the availability of Principal's Events through Tickets.eom, which such marketing/advertising will be mutually agreed upon between the parties. In instances where Principal places such advertising which has been mutually agreed upon by the parties, Tickets.corn agrees to reimburse Principal within 30 days of receipt of invoice and documentation fi.om Principal. In all other instances, Tickets.corn shall be responsible for paying all charges and shall provide documentation to Principal of such advertising. 2. Definitions: For purposes of this Agreement, the following terms shall have the respective meanings set forth below: Agreement Year: Each consecutive twelve (12) month period during the term of this Agreement. paid by Principal to Tickets.corn pursuant to this Agreement, as summarized in Section 1 above. Attraction: A musical or theatrical production, motion picture, concert, sporting event, circus, dance, show, display, convention, or other performance, event or activity of any nature or description for which Tickets are sold. Available Seats: Each and every Ticket that is offered for public sale for a particular Event, not including promoter, band, agency or house holds. Box Office Sales: The sale of Tickets for Events through the Facility Box Office or Principal's office. Computer Sales: All sales of Tickets through the Tickets.eom System via the Interact or any other online system. Customer Service Charge: The mount charged by Tickets.eom to Ticket purchasers for the use of the Tickets.corn System. Electronic Commerce Sales: Sales of Tickets that are Computer Sales, IVR Sales, Television Sales or any other sales, other than Telephone Sales and Retail Outlet Sales, not involving substantial services fi.om service personnel to facilitate the sale. Charges Paid by Principal: The charges to be Equipment: The equipment listed or described in Exhibit A attached hereto and any other Ticketing Services Agreement 06/13/2002 Page 3 equipment fumished by Tickets.eom to Principal pursuant to this Agreement or otherwise. Event: An Attraction that is scheduled to take place or be presented or performed at the Facility. Facility: The facility or facilities, listed in Section 1 above, at which Principal presents Attractions. Facility Box Office: The Ticket sales facilities located in or at the Facility. Gross Ticket Price: The purchase price of a Ticket for an Event, as established by Principal or the Promoter of the Event, plus all taxes and other charges paid by the Ticket 15urchaser including the Customer Service Charge. Gross Ticket Proceeds: The total of all charges paid by a ticket pumhaser, including the Ticket price, customer service charges, per order handling fees, facility surcharge or facility fee, or any other fee or tax included during the sale of Tickets purchased under this Agreement. Interactive Voice Response (IVR) Sales: All sales of Tickets through the Tickets.corn System via touch-tone phone or voice response via telephone lines. Per-Order Handling Charge: Service charges imposed on transactions through Tickets.eom distribution channels that require fulfillment through the mail. Retail Outlet Sales: The sale of Tickets at locations other than the Facility Box Office, but excluding Telephone and Electronic Commerce Sales. This also includes kiosks, which reside at said locations. Telephone Call Center: Live telephone operators or automated IVR (Interactive Voice Response) systems providing ticketing services to consumers. Telephone Sales: All sales of Tickets through the Tickets.com System via telephone lines routed to the Tickets.com Call Center(s) and its agents exclusively, including IVR (Interactive Voice Response). Terminal: An authorized electronic unit, linked to Tickets.com's computer facilities, that is capable of displaying information concerning the availability of Tickets for Attractions, issuing Tickets therefore, and generating related reports and data. Ticket: Tangible evidence of the right to admission to and/or to participate in or occupy seating at Attractions. Tickets.eom System: The equipment, software, and procedures established and maintained by Tickets.corn for the purpose of selling, auditing, and controlling the sale of Tickets for Attractions. 3. Ticket Sales Ae Exclusivity. Principal hereby grants to Tickets.eom the exclusive right effective August 1, 2002, for all Events, except as otherwise noted herein, held in the Facility during the term of this Agreement, to sell all Tickets, as Principal's agent, via any and all means, including, but not limited to, Telephone Sales, Retail Outlet Sales and Electronic Commerce Sales. These rights shall not be limited by an allocation of Tickets, and shall extend to all Available Seats to the same extent that such Available Seats are available through the Facility Box Office by subscription or otherwise. The exclusivity granted herein is of the essence of this Agreement. Principal shall not permit any other party including, without limitation, any other computerized ticketing service to issue or cause to be issued Tickets for any Events nor permit any other party to sell by allocation, voucher or othenvise Tickets for any Event except as otherwise noted herein, or unless mutually agreed upon in writing by both parties which agreement shall not be unreasonably withheld. Ticketing Services Agreement 06/13/20O2 Page 4 w Sales b~ Principal. Notwithstanding Section (A) above, Principal may sell Tickets at the Facility Box Office to purchasers appearing in person or ordering by mail. Principal may sell hard Tickets only for those events that are not ticketed through the Tickets.com System. It is understood and agreed that from time to time, an individual Event such as trade shows, consumer shows and the Roanoke Symphony Orchestra or events where no admission is charged may require that pre° printed tickets be issued or distributed for sale through the Facility Box Office and not through the Tickets.corn System and such other Events that have been mutually agreed upon by the parties, and such agreement shall not be unreasonably withheld. Sales by Others. Notwithstanding Section (A or B) above or anything else in this Agreement, Tickets.corn agrees that Principal may permit certain entities to print and/or sell hard tickets to Events not using the Tickets.corn system provided no other automated ticketing services system or agent is utilized, except as the parties have mutually agreed upon, and such agreement shall not be unreasonably withheld. Ticket Price. All Ticket~ sold by Tickets.corn pursuant to this Agreement shall be sold at the Gross Ticket Price. Principal acknowledges that Tickets.eom does not guarantee that any minimum or fixed number of Tickets will be sold. Ticket Sales During Transition Period. Tickets.eom agrees that it will, at the Principal's option and direction, do either of the following dependent upon Event: Term A. Allow and work with the Principal's current computerized ticketing service provider so that provider can continue to sell tickets for Events for which tickets were offered for sale prior to the Commencement Date until the conclusion of the Events and Tickets.corn will not sell tickets for such Events; or Work with the Principal and current computerized ticketing service provider to provide for the transition of all unsold tickets for Events occurring on and after the Commencement Date from such current provider to Tickets.corn so Tickets.corn will be able to sell all such tickets for such Events as of the Commencement Date. Initial Term. The term of this Agreement shall be for five (5) years, from August 1, 2002 through July 31, 2007, at which time it will terminate, unless sooner terminated pursuant to the terms of the Agreement or by law, or unless extended as set forth herein. Renewal Terms. Upon mutual agreement of both parties, the Agreement may be extended for up to five (5) additional one (1) year periods or any combination thereof. Either Party may request this option by giving written notice of such to the other party at least sixty (60) days before the expiration of the initial five (5) year term or any subsequent extension term. Temporary License. Tickets.eom is hereby granted a forty-five (45) day temporary license to perform work at the Facility prior to the Commencement Date, but such license incorporates the appropriate Terms and Provisions of this Agreement, specifically those set forth in Sections 11, 14, 17, 18, 19 and 24. 5. Ticket Sales Procedures. Ticketing Services Agreement 06/! 3/2002 Page 5 Ae Box Office Sales. All Box Office Sales shall be exclusively through the Tickets.eom System pursuant to the terms and conditions of this Agreement except as otherwise noted herein. Principal shall be responsible for the staffing and management of the Facility Box Office. B. Telephone Sales Tickets.eom shall maintain Telephone Call Center(s) service levels and staff. All Telephone Sales shall be charged to MasterCard, Visa, Discover or any other charge card accepted by Tickets.com. Tickets purchased through the Tickets.corn Call Center ten (10) days or more in advance of an Event will, at the purchaser's request, be mailed by Tickets.eom to purchaser, and Tickets.com shall be responsible for all costs of mailing such Tickets. Tickets.corn will enter all other Telephone Sales into the Tickets.eom System. All Tickets not mailed to purchasers will be pulled off the Tickets.eom System by Principal and held for the purchaser at a "will call" window at the Facility Box Office or such other procedure that the Facility uses to admit such purchasers. Principal shall cause a "will call" window at the Facility Box Office to be open and accessible to customers whose Tickets are being held at the Facility Box Office at least one (1) hour prior to the starting time for each Event or provide an alternate procedure to admit such customers to the Event. Retail Outlet and Electronic Commerce Sales. Tickets.corn may offer Tickets for sale through Retail Outlets and via Electronic Commerce. Ticket delivery to customers will be as described in Section (B) above. Tickets.com shall ensure that it maintains at least five (5), but no more than seven (7) retail outlets to support the Principal's sales, which will be operational within six (6) months of the Commencement Date of this Agreement. At a minimum, outlets will be located in the following areas: Roanoke, Lynchburg, New River Valley, Martinsville, Staunton or such other outlets which will be mutually agreed to between the parties, and such agreement shall not be unreasonably withheld. Credit Card Chargebacks. Principal agrees to pay all credit card chargebacks for the unrecovered sum of all Tickets sold through Tickets.corn, which sales resulted in a credit card chargeback to Tickets.corn and were the result of Principal's negligence or its actions. Tickets.corn shall have the right to deduct such chargebacks through the settlement of funds as outlined in Section 1 of this Agreement. If settlement funds are not sufficient in which to offset such chargebacks, Tickets.com shall have the option to continue deducting chargebacks from subsequent settlement funds or invoice Principal for said "chargebacks". Principal agrees to pay all chargeback invoices within fifteen (15) days of receipt. Tickets.corn shall furnish Principal with ali documentation concerning customer chargebacks pertaining to Principal's Events. Tickets.corn shall also certify that it has taken all commercially reasonable steps to collect such chargebacks. Principal agrees that its Box Office staff will verify Customer identification against any credit card, which is presented for payment of Tickets. Principal acknowledges that due to banking regulations, chargebacks, which occur under this Agreement may occur up to eighteen (18) months from the date in which a Customer has purchased a Ticket through the Tickets.com System. Those chargebacks, which were a result of fraud have no timeframe limitation on Customer's ability to recover such charges. Cancellations. If an Event is cancelled or closed after Tickets have been sold through the Ticketing Services Agreement 06/13/2002 Page 6 Tickets.eom System, Principal agrees to assume all responsibilities with regard to refunds, exchanges and/or resolution of customer inquiries or issues. However, Tickets.eom agrees to provide refunds or exchange of Tickets as directed by the Principal for Ticket sales that were sold through Tickets.eom dis~ibution channels. Tickets.eom agrees to provide such refunds or exchanges through the Tickets.corn System for a period of one hundred twenty (120) days after the originally scheduled date of the Event. Specific refund procedures will be mutually agreed to for each cancelled Event. Within 24 hours of the cancellation of an Event, Principal agrees to provide adequate ~unds to Tickets.corn necessary to make refunds for all Tickets for which Tickets.corn has previously made settlement to Principal. After such 120 day period, Tickets.eom shall remit to Principal all unrefunded Ticket proceeds Tickets.eom holds for the cancelled Event, less any Customer Service Charges collected and Tickets.corn will refer customers requesting refunds to Principal. Thereafter, Principal shall be solely responsible for any subsequent reimbursements to purchasers of Tickets to such cancelled Attraction. Principal agrees to inform customers of this refund policy. In the event of any cancellation, Principal and Tickets.corn shall mutually determine if Tickets.eom shall have the right to retain any. Customer Service Charges imposed on the sale of Tickets as though no cancellation or closing has occurred, but Tickets.eom will be entitled to retain any per~rder handling fee collected for such Event unless otherwise agreed to by both parties. Exchanges. All exchanges for Events currently on sale shall be handled through the Facility Box Office or directly by the Principal. An exchanged Ticket may be returned to the Tickets.eom System without charge, but Tickets.eom shall be entitled to keep any Charges Paid by Principal or Customer Service Charges imposed on the initial sale of the exchanged Ticket. 6. Financial Conditions. A. Charges Paid by Principal: Inside Charges shall be paid by Principal to Tickets.corn for all Sales as set forth in Section 1 above. B. Credit Card Commissions. A credit card fee on all transactions processed through the Tickets.corn System shall be paid by Principal to Tickets.eom as set forth in Section 1 above. De Customer Service Charge. Tickets.eom may impose a Service Charge on all Telephone Sales, Retail Outlet Sales and Electronic Commerce Sales. The amount of the Service Charge to be imposed shall be as set forth in Section 1 above. All Customer Service Charge revenue received through the Tickets.eom Telephone Call Centers, Retail Outlets and Electronic Commerce shall be Tickets.corn's property except as otherwise noted herein. Handling Charge. The Tickets.corn System will impose a per order Handling Fee on all Telephone and Internet sales through the Tickets.corn System, as set forth in Section I of this Agreement. Taxes. Principal shall be responsible for seeing that the payment of City Admissions Tax is properly made. Tickets.eom shall be responsible for the payment of any and other applicable taxes including, but not limited to all business license fees, and personal property, sales, or use taxes based on or measured by the use or value of the Equipment, Tickets sold, monies (including Service Charge) collected, or other supplies, materials or services furnished by Tickets.corn pursuant to this Agreement. F. Account Procedures. Ticketing Services Agreement 06/13/2OO2 Page 7 Tickets.corn shall be responsible for the collection and distribution of all revenues for Telephone, Retail Outlet and Electronic Commerce Sales and the collection and distribution of all revenues from Box Office Sales paid by credit card using the Tickets.corn on-line authorization system. Principal shall be responsible for the collection and distribution of all revenues from Box Office Sales with the exception of sales paid by credit card using the Tickets.eom on-line authorization system. Tickets.eom and Principal shall make settlement and transfer funds for applicable revenues received for each Event in accordance with the schedule set forth in Section 1 above. Charges Paid by Principal shall be accounted for at each settlement. Any and all amounts due Principal from Tickets.eom under the terms of this Agreement shall be paid as provided in Section 1 above. It is understood and agreed that Tickets.corn shall be authorized to offset and deduct from such remittance any and all Charges Paid by Principal or other amounts due to Tickets.corn from Principal. Each payment made to Principal by Tickets.corn shall be accompanied by Tickets.corn's remittance report. Such reports shall form the basis for settlement between the parties, and shall be conclusive as to any amounts owed to Principal by Tickets.corn unless Principal submits a written objection to Tickets.corn within ten (10) business days after receipt of any such report, setting forth in reasonable detail the respects in which Principal believes the report to be incorrect. If any claim is duly presented to Tickets.com against any or all of the Ticket sale proceeds collected by Tickets.corn for an Event prior to the remittance thereof to Principal, Tickets.eom may, in its sole discretion, withhold remittance of that portion of the Ticket sale proceeds to Principal until such time as the claim is withdrawn or otherwise disposed of to Tickets.com's reasonable satisfaction. Equipment. Ae Be Equipment Provided to Principal. Following Tickets.com's inspection of the physical facilities where the Equipment will be located as designated by the Principal and approved by Tickets.corn, which such approval of Equipment location will not be unreasonably withheld. Tickets.com shall install, at its expense, the Equipment listed or described in Exhibit A attached hereto. If Tickets.corn furnishes any Equipment to Principal, in addition to the Equipment listed in Exhibit A, Principal shall lease that additional Equipment from Tickets.corn at rates to be mutually agreed by the parties. Furthermore, Tickets.corn will provide, at its expense, updated equipment to keep its system up to date, as mutually determined by both parties based upon industry standards. Tickets.corn's Property. Principal understands and acknowledges that all Equipment is and shall remain Tickets.corn's property. Principal shall acquire no ownership interest in, and shall have no right to transfer, license the usc of, or encumber any Equipment. Tickets.corn shall bc responsible for thc repair and maintenance of all Equipment so that it will be in good working order at all times. Principal must provide Tickets.eom notification of any Equipment problems. Principal's Responsibilities. Principal shall provide, at its expense, an electrical connection to furnish power to the Equipment. The cost of all electricity and other utilities consumed by the operation of the Equipment shall be paid by Principal. The cost of installing and maintaining a Ticketing Services Agreement 06/I 3/2002 Page 8 dedicated telephone line from Tickets.com's central computer to each Terminal shall be paid by Tickets.eom. Training and Use of the Equipment. Tickets.eom shall provide adequate training for Principal's personnel, in the use of the Tickets.eom System and the care and operation of the Equipment, including updated equipment, at no charge to Principal. The amount of training and additional charges for training persons others than Principal's personnel (i.e., Facility Licensees) shall be mutually agreed upon. Only those employees of Principal or other persons who have been trained by Tickets.eom, or by a Tickets.eom trained employee of Principal, shall use the Equipment. Principal shall not permit any person not employed by Principal, or any untrained employee of Principal, to use the Equipment, except as otherwise mutually agreed to between the parties, and such agreement will not be unreasonably withheld.. ge Loss and Damage. Principal assumes and shall bear the entire risk of loss and damage to the Equipment, ordinary wear and tear excepted, whether or not insured against, until the Equipment is returned to Tickets.com. The Equipment shall be used strictly in accordance with the instructions and manuals issued by Tickets.eom, and Principal shall not permit the Equipment to be operated with any other sof~are or for any purpose outside the scope of this Agreement without Tickets.corn's prior whtten consent. Equipment Tags. Principal shall not remove, cover or alter any labels, plates or other markings identify/ng each item of Equipment. If Tickets.eom supplies Principal with new labels, Principal shall affix and maintain them in a prominent place on each item of Equipment in accordance with Tickets.corn's instructions. Location and Right of Inspection. Principal shall not move any Equipment from the location where it is installed, or make any addition or alteration. Principal anticipates relocating the civic center box office in 2004, which will require the relocation of Tickets.corn Equipment, and in which Tickets.corn shall relocate such Equipment upon thirty (30) days written notification from Principal, and Tickets.corn's approval of the installation Location and such installation Location approval will not be unreasonably withheld. Tickets.corn shall have the right, at any time during normal business hours and upon reasonable notice, to inspect the Equipment and for that purpose to have access to the Equipment. He Return of Equipment. Upon the expiration or termination of this Agreement, Principal shall remm all Equipment to Tickets.corn in good condition, reasonable wear and tear excepted. Tickets.corn, at its cost, shall be responsible for the actual prompt removal of Equipment, and shall have the right to enter the Principal's and/or Facility Box Office to take possession of the Equipment. · 8. Software and Use of the Tickets. corn System. Ae License. Access to the Tickets.corn System and the use of Tickets.eom software is provided to Principal as a licensed user only. Tickets.corn hereby grants to Principal a nonexclusive, royalty- free license to use the Tickets.corn System, including all software provided by Tickets.corn, only in connection with services provided pursuant to this Agreement. Be Ownership. All software provided by Tickets.corn, either separately or embedded within the Tickets.corn System, is the property of Tickets.corn or its licensor and Principal shall not acquire any rights or licenses, except as expressly granted herein. Principal agrees not to reverse compile Ticketing Services Agreement 06/13/2002 Page 9 or reverse assemble all or any portion of such sotY~vare. 9. Advertising. Ao Tickets. com. Tickets.eom may list Events in its promotional displays located in Retail Outlets, on Telephone Sales mail-out envelopes, on Tickets.com's websites and other advertising and promotional materials used by Tickets.eom, and may otherwise promote and advertise the Principal, Facility and any Events in advertisements placed directly by Tickets.corn or in conjunction with others. In connection therewith, Tickets.eom may use the name of Principal, all Events, the Facility and all performers, artists and other persons involved in the Events unless otherwise notified by Principal. Be Principal. Principal agrees that in all advertising it controls or produces for Events it will include the Tickets.corn designated wording as mutually agreed upon by both parties, for referring prospective purchasers to Tickets.corn's website addresses, retail outlet locations, and telephone numbers. Such wording is subject to change, as appropriate, during the term of this Agreement upon mutual written agreement of the parties. Such wording may be subject to change depending upon the medium used for advertising (billboards, electronic media, etc.). Principal and Tickets.corn will mutually determine the change in wording and such agreement shall not be unreasonably withheld by either party. Principal agrees to provide a link from Principal's website to the Tickets.eom website. 10. Other Obligations of Tickets. com. Central Computer Facility. Tickets.corn shall, at its expense, install and maintain a central computer facility, at a location selected by Tickets.eom, for the operation of a computerized ticketing system capable of serving the Principal and otherwise performing Tickets.tom's obligations under this Agreement. De Software. Tickets.corn shall provide necessary software and support for Tickets.eom System programming to be performed by box office personnel for Ticket sales for each Event. Ticket Stock. Tickets.eom will furnish, free of charge, all ticket stock necessary to sell tickets through the Tickets.eom System. All Ticket stock and Ticket envelopes used for Ticket sales through the Tickets.eom System may contain advertising sold by Tickets.com. All revenue received from such advertisements shall belong to Tickets.com. Support Staff. Tickets.eom shall provide a full time support person, to be located in the Roanoke Valley area, or as otherwise mutually agreed upon, for client service and technical issues, at no cost to Principal. ge Operation and Repair of Equipment. Tickets.corn, at its expense, shall be responsible for and keep the Equipment in good working order and repair during the term of this Agreement so that the system will be functional and working during normal business hours of the Facility Box Office. Should the system fail or become inoperable, Tickets.eom will respond as soon as reasonably practicable to address the problem and make the system operational as soon as reasonably practicable. Repeated failure of the system or equipment over any fifteen (15) day period of time shall be deemed a violation of this section. 11. Other Obligations of Principal and Tickets. com. Ticketing Services Agreement 06/! 3/2002 Page 10 Access.- Principal shall give Tickets.eom reasonable access to the Principal's Offices, the Facility and the Facility Box Office to provide training, maintenance, repair, assistance or other related services for the purpose of effectuating this Agreement and performing Tickets.corn's duties hereunder. Insurance. Principal. Principal shall maintain throughout the term hereof, at its expense, primary insurance coverage, with Tickets.eom as an additional named insured thereunder, insuring the Equipment and all supplies and materials provided by Tickets.eom to Principal against loss or damage by fire, theft and all other risks embraced by extended coverage. Such insurance policy shall provide full replacement value coverage and shall include a specific endorsement to the effect that Tickets.corn shall receive at least thirty (30) days prior written notice of the modification or cancellation thereof. Principal shall furnish to Tickets.eom a certificate of insurance from the insurer evidencing the insurance coverage required by this Section. Such insurance may be provided by Principal through Principal's self insurance program. Tickets. com. Tickets.eom and its subcontractors involved in this Agreement shall maintain the following insurance coverages with a quality company, written on an occurrence basis, issued by a company licensed to transact business in this State, during the life of this Agreement, and shall furnish the City with certificates of insurance which shall also include insurance deductibles, if applicable. The certificates shall name the City, the Roanoke Civic Center Commission, their officers, agents and employees as additional insureds, providing coverage against any and all claims and demands made by a person or persons whomsOever for property damages or bodily or personal injury (including death) incurred in connection with the services to be provided under this Contract with respect to the Commercial General Liability coverage and the Automobile Liability coverage. With respect to the Workers' Compensation coverage, Tickets.corn's insurance company shall waive rights of subrogation against the City, the Roanoke Civic Center Commission, their officers, agents and employees. Endorsements of the above must be received by the City Office of Risk Management from the insurer within thirty (30) days of commencement of this Agreement. a. Commercial General Liability: $1,000,000.00 $1,000,000.00 General Aggregate Limit (other than Products/Completed Operations). $1,000,000.00 Products/Completed Operations Aggregate Limit. $1,000,000.00 Personal Injury Liability (including liability for slander, libel, and defamation of character). $1,000,000.00 each occurrence limit (including liability for Contractual, and Owners and Contractors Protective). Automobile Liability: $1,000,000.00 combined single limit with applicable endorsement to cover waste cargo. Workers' Compensation and Employer's Liability: Workers' Compensation: statutory coverage for Virginia Employer's Liability: $100,000.00 Bodily Injury by Accident each occurrence $500,000.00 Bodily Injury by Disease Policy Limit. $ 100,000.00 Bodily Injury by Disease each employee. Ticketing Services Agreement 06/13/2002 Page 11 The above limit amounts may be met by an umbrella liability policy following form of the underlying primary coverage in a minimum amount of $1,000,000.00 d. Proof of Insurance Coverage: Tickets.com shall furnish the City of Roanoke with the required certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. The required certificates of insurance shall contain substantially the following statement: Ce Should any of the above described policies be cancelled before the expiration date thereof the issuing company shall mail 30 days written notice to City of Roanoke, Risk Manager, 215 Church Avenue, S.W., Room 506, Roanoke, VA 24011. The telephone number is (540) 853-1856. Facility Box Office. Prihcipal agrees to maintain one, and only one location serving as the Facility Box Office where customers who appear in person may purchase Tickets to Events without payment of a Customer Service Charge. Principal agrees to use Ticket stock and envelopes provided by Tickets.corn for all single Ticket Box Office Sales, except as otherwise provided herein. Compliance. Principal warrants that it has all necessary rights and contracts to authorize the sale of Tickets for Events pursuant to the terms of this Agreement and that the number of seats put on sale for an Event does not exceed the legal, fur, or other limits or restrictions of capacity at the Facility. .E. Ticket Availability. Principal agrees that all Available Seats will be open for sale through the Tickets.corn System and that no tickets will be pre-pulled for the Facility Box Office or any other ticket agency. Tickets will go on sale to the public through the Tickets.corn System at the same time they are first available at the Box Office. Principal agrees that it will honor or cause to be honored all Tickets properly issued by the Tickets.corn System for all Events. Exclusivity. Principal warrants that, at the time of execution of this Agreement, it is not bound contractually with any other ticketing service or sot~are provider except as otherwise noted herein. Ge Use of Principal's Hardware. If Principal elects to use its own computer workstations to connect to the Tickets.com System, Principal shall pay a one-time license fee, which will be mutually negotiated, for each Tickets.corn software emulation package required and Principal assumes all risks of damage or loss to its own equipment, data or software resulting from such use. 12. Event Set-Up. No less than three (3) business days prior to the time when Tickets for an Event are to go on sale, for existing venue configurations, and five (5) business day for new configurations. Principal shall provide Tickets.com, in writing, all necessary information with respect to the Event, including seating layout, Ticket price structure, discounts, Ticket header information, entry information, and any other information necessary for the proper sale of such Tickets at the Facility Box Office, through the Telephone Call Center, at Retail Outlets and via Electronic Commerce. Tickets.corn may rely upon and shall not assume responsibility for the accuracy of the information furnished by Principal pursuant to this Section. Ticketing Services Agreement 06/13/2O02 Page 12 13. Reports. Tickets.eom will supply Principal with standard reports detailing patron information and Ticket sales information at no charge. Principal may request custom reports from Tickets.corn on patron and sale information. Tickets.corn requires ten (10) business days to fulfill custom report requests (and may on occasion depending on frequency and complexity of requests, charge Principal a programming fee as agreed to by Principal. However, if Principal rejects such cost, Tickets.eom may choose to not fulfill the order.). 14. Indemnification. Am Principal. To the extent permitted by law, Principal shall defend, indemnify and hold Tickets.eom harmless from and against any and all claims, suits, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, resulting directly or indirectly from (i) any personal injuries to potential Ticket purchasers or patrons of the facility arising out of the claimant's presence at or in the vicinity of the Facility or the Facility Box Office and not caused by Tickets.corn; or (ii) the performance or nonperformance of any Event, not caused by Tickets.com. Tickets.corn shall give Principal prompt notice of any claim or suit coming within the purview of this indemnity, shall furnish Principal with all relevant facts in its possession or under its control, and shall cooperate fully with Principal in the defense of any matter covered by this indemnity. Tickets.com. Tickets.corn shall indemnify and hold harmless the City, the Civic Center Commission, their respective officers, agents, and employees against any and all liability, losses, damages, claims, causes of action, suits of any nature, costs, and expenses, including reasonable attorney's fees, resulting from or arising out of Tickets.corn or its employees, agents, or subcontractors actions, activities, or omissions, negligent or otherwise, on or near City's property or arising in any way out of or resulting from any of the work to be provided under this Agreement, and this includes, without limitation, any fines or penalties, violations of federal, state, or local laws or regulations, personal injury, wrongful death, or property damage claims or suits. Tickets.corn agrees to and shall protect, indemnify, and hold harmless all the parties referred to above from any and all demands for fees, claims, suits, actions, causes of action, settlement or judgments based on the alleged or actual infringement or violation of any copyright, trademark, patent, invention, article, arrangement, or other apparatus that may be used in the performance of this Agreement. C. Survival. The respective indemnification fights and obligations set forth herein shall continue in full fome and effect notwithstanding the expiration or termination of this Agreement. 15. Default. If either party defaults in the performance of any covenants or agreements contained herein and such default continues for a period of twenty (20) days after written notice of default has been given to the defaulting party, the non-defaulting party shall have all the remedies available at law or in equity and, in addition, may terminate this Agreement immediately upon notice to the defaulting party. Without limiting the generality of the foregoing, if Principal is the party in default, Tickets.corn may: (i) suspend the sale of Tickets for Events through the Tickets.corn System, and (ii) enter the Facility and/or Offices to repossess and remove the Equipment and all supplies and other materials that were furnished by Tickets.corn to Principal. If Tickets.corn refuses or fails to perform any of the terms of this Agreement, the City may, by written notice to Tickets.corn, terminate this Agreement (or the separable part of this Agreement). In addition to any right to terminate, the City may enforce any remedy available at law or in equity in connection with such default, and Tickets.corn shall be liable for any damages to the City resulting from Tickets.corn's default. The City further reserves the right to immediately obtain such computerized ticketing services from other entities in the event of Ticketing Services Agreement 06/13/2002 Page 13 Tickets.corn's default. 16. Disclaimer of Warranties. TICKETS.COM DISCLAIMS AND EXCLUDES ANY AND ALL WARRANTIES, EXCEPT FOR THOSE EXPRESSLY SET FORTH HEREIN, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE TICKETS.COM SYSTEM AND THE EQUIPMENT, TICKET STOCK, SUPPLIES, MATERIALS AND SERVICES PROVIDED BY TICKETS.COM PURSUANT TO THIS AGREEMENT. 17. Independent Contractors. Both parties are independent contractors. Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, or employer/employee relationship. Neither party shall be liable for the debts or obligations of the other. 18. Compliance with Law. Principal and Tickets.corn shall comply with all laws, regulations and ordinances applicable to each of them in connection with the operation of the Tickets.eom System and their respective business activities, and shall each obtain any permits and licenses required by any applicable law, regulation, statute, or ordinance, including, without limitation, the Americans With Disabilities Act. Principal shall be responsible for obtaining any permits or licenses required by any applicable law, regulation or ordinance for the sale of Tickets or operation of the Equipment at the Facility Box Office, and for the presentation or performance of each Event. 19. Limitation of Liability. The obligations and liabilities of Tickets.corn under this Agreement are limited to the corporate assets of Tickets.eom, and no director, officer, or shareholder of Tickets.corn in his, her or its personal capacity shall have any personal liability or responsibility with respect to any of those obligations and liabilities. In no event shall either party be liable for lost profits, consequential or special damages arising out of, or relating to this Agreement. Furthermore, in the event of any default, nonperformance, or breach of any of the terms or conditions of this Agreement by · the City, Tickets.corn agrees that the City's liability, if any, shall be limited to the lesser amount of any damages awarded or the repayment of an amount up to, but not exceeding, the sum of money the City may have received from Tickets.eom under the terms of this Agreement for that particular Event. 20. Assignment. Principal. Principal may not assign, transfer, pledge, or encumber all or any part of its interest in this Agreement, or any proceeds from the sale of Tickets without Tickets.corn's prior written consent, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, no consent shall be required where Principal's successor-in-interest acquires all or substantially all of Principal's business and assets, whether by purchase, merger, operation of law, or otherwise. In such an event, Principal's successor shall assume all the rights and obligations of Principal under this Agreement, and, provided Tickets.corn consents to such successor in writing (which consent shall not be unreasonably withheld or delayed), Principal shall be relieved of any further obligations hereunder. Tickets.com. Tickets.eom may not assign or transfer this Agreement, and any revenues or other benefits receivable by Tickets.c0m hereunder to Tickets.corn's lender(s) or any other entity or person, provided that no assignment shall relieve Tickets.corn of its obligations hereunder without Principal's prior written consent, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, no consent shall be required where Tickets.corn's successor-in- interest acquires all or substantially all of Tickets.corn's business and assets, whether by purchase, merger, operation of law, or otherwise. No such acquisition of or merger by Tickets.eom shall Ticketing Services Agreement 06/13/2OO2 Page 14 affect the schedule set forth in Section 1 above with respect to payments by Tickets.com to Princip~/l. C. Successors. Subject to the foregoing provisions, this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assignees. 21. Force Majeure. Except for the payment of any amount due for the sale of Tickets, neither party shall be liable to the other for damages in the event of any loss, damage, claim, delay or default arising by ' reason of Acts of God, storm, fire, flood, earthquake, labor disturbance (including strikes, boycotts, lockouts, etc.), war or terrorism, civil commotion, shortages or unavailability of labor, present or future governmental law, ordinance, rule, or regulation, occasional technical failure of the Tickets.com System, disruption of postal, banking, electrical, telephone or other utility service, or other cause beyond the control of the party sought to be charged. 22. Bankruptcy. If either party is adjudged bankrupt, makes an assignment for the benefit of creditors, files a petition for reorganization, arrangement or other relief under any bankruptcy or insolvency law, or ifa receiver, custodian, or irustee is appointed for either party, such party shall give the other party prompt written notice thereof. In the event of any of the foregoing, this Agreement shall not be deemed an asset of such party and the other party may terminate this Agreement immediately upon written notice to such party. If Principal is the party involved in those proceedings, none of the Equipment shall be deemed an asset of Principal. 23. Notices and Severability Notices. All notices must be given in writing and shall be validly given if sent by certified mail, return receipt requested, or by a nationally recognized overnight comer, addressed as follows (or any other address or facsimile number that the party to be notified may have designated to the sender by like notice) or if sent by facsimile with confirmation of receipt to the facsimile number set forth below: To City: Facsimile: Director of Civic Facilities Roanoke Civic Center 710 Williamson Road, NE Roanoke, VA 24016 (540) 853-2748 Copy to: Facsimile: Assistant City Manager for Operations 364 Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 (540) 853-2773 If to Tickets.corn: Facsimile: Duke Little, Northeast Regional Director Tickets.com 2 Elaine Avenue Maynard, MA 01754 (978) 461-0359 Copy to: Contracts Department Ticketing Services Agreement 0611312O02 Page 15 Facsimile: Tickets.corn 555 Anton Boulevard, 11~ Floor Costa Mesa, CA 92626 (714) 327-5596 Attorneys' Fees. INTENTIONALLY OMITTED. Severability. If any provision of this Agreement, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected and all other terms and conditions of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 24. Miscellaneous. Forum Selection and Choice of Law. By virtue of entering into this Agreement, Tickets.eom submits itself to a court of competent jurisdiction in thc City of Roanoke, Virginia, and further agrees that this Agreement is controlled by thc laws of thc Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such court according to thc laws of thc Commonwealth of Virginia. Be Counterparts. This Agreement may be executed in any number of counterparts, each of which, when executed, shall be an original and all of which together shall constitute one and the same agreement. Authority. Each party represents and warrants that it has full right and authority to enter into and perform this Agreement in accordance with thc terms hereof. Reports, Records and Audit. Tickets.eom agrees to maintain all books, records and other documents relating to this Agreement for a period of five (5) years after thc end of each fiscal year included in this Agreement. Thc City, its authorized employees, agents, representatives, and/or state auditors shall have full access to and the right to examine, copy, and/or audit any of such materials during such period, upon prior written notice to Tickets.com. Authorized Representatives. Tickets.eom shall appoint one of its key personnel as a representative who shall have the power and authority to work with thc City and represent Tickets.eom in all administrative matters so as to provide for the correction of problems and reduction of costs. The Authorized Representative shall be the person identified in Tickets.corn's Proposal, unless the Tickets.corn provides written notice to the City naming another person to serve as its Authorized Representative. Ge Cooperation. Each party agrees to cooperate with the other in executing any documents or taking reasonable action necessary to carry out the intent and purpose of this Contract. Nonwaiver. A waiver or failure by either party to enforce or require performance of any term or condition of this Agreement or the waiver of any particular breach of this Agreement by either party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Agreement or a waiver of any other breaches of this Agreement by either party and does not bar the nonbreaching party from requiring the other party to comply with all the terms and conditions of this Agreement and does not bar the nonbreaching party from Ticketing Services Agreement 06/13/2002 Page 16 He asserting any and all fights and/or remedies it has or might have against the other party under this Agreement or by law. Authority to Sign. The persons who have executed this Agreement represent and warrant that they are duly authorized to execute this Agreement on behalf of the party for whom they are signing. I. Nondiscrimination Clause. 1. During the performance of this Agreement, each party agrees as follows: Neither party will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of Agreement. Both parties agree to post in conspicuous places, available to employees and applicants for eniployment, notices setting forth the provisions of this nondiscrimination clause. ii. Each party in all solicitations or advertisements for employees placed by or on behalf of such party will state that the party is an equal opportunity employer. iii. 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. Each party will include the provisions of the foregoing Section 1 (i, ii, and iii) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. J. Drug-Free Workplace During the performance of this Agreement, each party agrees to (i) provide a drug-flee workplace for its employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use ora controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of suet prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the party that the party maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor and by the City, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Agreement. Faith Based Organizations. Pursuant to Virginia Code Section 2.2-4343.1, be advised that thc City does not discriminate against faith-based organization., Ticketing Services Agreement 06/13/2002 Page 17 Le Confidentiality. The parties agree that all appropriately marked confidential information, and Tickets.corn's proprietary information and knowledge related to its software products, specifically identified in writing to Principal, furnished to a party by the other pursuant to the provisions hereof shall, to the extent permitted by law, be held in strict confidence. However, Tickets.eom specifically agrees and acknowledges that this Agreement is subject to the Virginia Freedom of Information Act. Me Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all prior agreements, written or oral, relating to the subject matter hereof. This Agreement may not be altered or amended in any manner except by a written instrument signed by the party against whom the enforcement of such change is sought. The headings contained in this Agreement are inserted only as a matter of convenience and reference, and in no way define, limit or describe the scope or intent of this Agreement. IN WITNESS WHEREOF, Tickets.com and Principal have each executed this Agreement by their authorized representatives. ATTEST: City Clerk Date City Manager WITNESS: TICKETS. COM, INC. By: Printed Name Approved as to Form: CITY OF ROANOKE, VIRGINIA By: Date Authorized Signature Date Printed Name and Title City Attorney Approved as to Execution: Date Corporate Seal: City Attorney Date Appropriation and Funds Required for this Agreement Certified: Director of Finance Date Account Number Ticketing Services Agreement 06/13/2002 Page 18 EXHIBIT A To Ticketing Services Agreement Between Tickets. com, Inc. and Principal dated EQUIPMENT ,2002 The following items of equipment are provided to Principal pursuant to the terms and conditions of the Agreement, and as follows: 1. Roanoke Civic Center - Installation will begin upon execution of the Agreement. 2. New Stadium/Amphitheater - Installation will begin upon completion of the Facility. Tickets.eom reserves the right to substitute or replace, at its expense, any or all of such items. All equipment listed below shall be new. If Principal chooses to request additional equipment, or new sof~vare modules not provided under this initial Exhibit A, other than upgrades provided by Tickets.eom, pursuant to this Agreement, such equipment and/or sof~ware may be at a charge to the Principal. Item Quantity Principal Cost PC Terminals - Roanoke Civic Center 12 $0.00 Ticket Printer~ - Roanoke Civic Center 12 $0.00 PC Terminals - New Stadium/Amphitheater 10 $0.00 Ticket Printers - New Stadium/Amphitheater 10 $0.00 Standard Report Printers 3 $0.00 Standard Laser Printer 1 $0.00 Credit Card Swipes - Roanoke Civic Center 12 $0.00 Credit Card Swipes -New Stadium/Amphitheater 'i 0 $0.00 ' Standard Line Printer 1 $0.00 Standard Line Printer - New Stadium/Amphitheater 1 $0.00 Data Communication Site Equipment 1 $0.00 Data Communication Site Equipment for New I $0.00 Stadium/Amphitheater Manned Outlets - Terminals and Printers 7 $0.00 Data Drops 2 $0.00 CRT Licenses *** 6 $0.00 Total 57 $0.00 Requests for additional CRT Licenses may have an associated charge. NOTE: Tickets.com to be responsible for obtaining and paying for all necessary data communications required for operation of the Tickets.corn system at the Facilities, with exception to those actual costs incurred for movement of Equipment at the request of Principal after such Equipment has been initially installed at Tickets.corn's cost. Ticketing Services Agreement 06/i 3/2002 Page 19 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us June 21,2002 File #60-107-192 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Marry Gearheart, Vice President of Sales and Marketing Acken Signs, Inc. P. O. Box 1317 Bluefield, Virginia 24605 Dear Mr. Gearheart: I am enclosing copy of Ordinance No. 35928-061702 accepting the bid of Acken Signs, Inc., for a new freestanding sign ("marquee") for the Roanoke Civic Center that will be visible to vehicular traffic using Interstate 1-581 along the western edge of the multi-building complex, and providing for interface of computer software used by the new sign and the existing sign to permit separate or simultaneous display of message and graphics for the two signs, in the amount of $139,373.00; and rejecting all other bids received by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Dadene L. Burcham, City Manager Jesse A. Hall, Director of Finance Philip C. Schirmer, City Engineer George C. Snead, Jr., Acting Director, General Services Robert H. Bird, Acting Purchasing Manager H:LAgenda.02~June 17, 2002 correspondence.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanok¢.va, us June 21,2002 File #60-107-192 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Daktronics, Inc. Hodges Sign Co., Inc. Skyway Outdoor, Inc. Ladies and Gentlemen: I am enclosing copy of Ordinance No. 35928-061702 accepting the bid of Acken Signs, Inc., for a new freestanding sign ("marquee") for the Roanoke Civic Center that will be visible to vehicular traffic using Interstate 1-581 along the western edge of the multi-building complex, and providing for interface of computer software used by the new sign and the existing sign to permit separate or simultaneous display of message and graphics for the two signs, in tl'ie amount of $139,373.00; and rejecting all other bids received by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. On behalf of the City of Roanoke, thank you for submitting your bid on the abovedescribed sign. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure H:¥tgenda.02XJune 17, 2002 correspondencc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35928-061702. AN ORDINANCE accepting the bid of Acken Signs, Incorporated for the new freestanding sign ("marquee") for the Roanoke Civic Center that will be visible to vehicular traffic using Interstate 1-581 along the western edge of the multi-building complex, and providing for the interface of computer soRware used by the new sign and the existing sign to permit separate or simultaneous display of message and graphics for the two signs, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting aH other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council oftbe City of Roanoke as follows: 1. The bid of Acken Signs, Incorporated in the amount of $139,373.00 for the new freestanding sign ("marquee") for the Roanoke Civic Center that will be visible to vehicular traffic using Interstate 1-581 along the western edge of the multi-building complex, and providing for the interface of computer soRware used by the new sign and the existing sign to permit separate or simultaneous display of message and graphics for the two signs, as is more particularly set forth in the City Manager's letter dated June 17, 2002, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Division, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as H:~,leasures~civic center aken marque sigh. doc is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and ail other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: city H:~Measures~-ivic center aken marque sigrLdoc 2 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21, 2002 File #60-107-192 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 35927-061702 amending and reordaining certain sections of the 2002-03 Civic Center Fund Appropriations, providing for appropriation of funds, in connection with acceptance of a bid submitted by Acken Signs, Inc., in the amount of $139,373.00, for a new freestanding sign ("marquee") at the Roanoke Civic Center. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Dadene L. Burcham, City Manager Philip C. Schirmer, City Engineer George C. Snead, Jr., Acting Director, General Services Robert H. Bird, Acting Purchasing Manager Barry L. Key, Director, Office of Management and Budget H:~Agenda.02Llunc 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of ~une, 2002. No. 35927-061702. AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Civic Center Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Operating $ 4,521,000 Civic Center Capital Outlay (1) ............................................................. 849,340 Capital Outlay $ 5,585,254 Civic Center Expansion/Renovation II (2) ............................................. 893,500 1) Other Equipment 2) Appropriated from General Revenue (005-550-2108-9015) (005-550-8616-9003) $ (43,500) 43,500 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager June 17,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Contract Award Marquee Sign for Roanoke Civic Center 710 Williamson Road, N.E. Roanoke, Virginia Bid No. 02-02-08 This project will provide a new freestanding sign ("marquee") for the Roanoke Civic Center that will be visible to vehicular traffic using Interstate 1-581 along the western edge of the multi-building complex. There is currently no means to announce upcoming events or events taking place that day at the facility along that side of the facility. The sign will serve to supplement an existing sign that is installed along the Williamson Road side of the building complex. This project will also provide for the interface of computer software used by both signs to permit separate or simultaneous display of message and graphics for the two signs. The new sign has received preliminary approval from VDOT, and will comply with the requirements of the City's zoning ordinance. After proper advertisement, four bids were received on Tuesday, March 26, 2002, with Acken Signs, Incorporated, U.S. Highway 460 West, Bluefield, Virginia 24065, submitting the Iow bid in the amount of $139,373. (See attached bid tabulation.) The construction time was specified as 120 consecutive calendar days. Funding in the amount of $150,000 is needed for the project. The additional funds that exceed the contract amount will be used for miscellaneous project expenses including landscaping around the base of the sign, advertising, printing, testing services, minor variations in bid quantities, and unforeseen project expenses. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 CityWeb:www. ci,roano ke.va.us (540) 853-2333 FAX (540) 853-1138 Honorable Mayorand Members of Council June 17,2002 Page 2 Funding in the amount of $43,500 is available from Civic Facilities Capital Outlay account number 005-550-2108-9015 and $106,500 is available from account number 005-550-8616, Civic Center Expansion/Renovation Phase II, from the Fiscal Year 2003 Adopted Budget. Recommended Action: Accept the above bid and authorize the City Manager to execute a contract for the above work with Acken Signs, Incorporated in the amount of $139,373 with 120 consecutive calendar days of contract time, and reject all other bids. Transfer $43,500 from account number 005-550-2108-9015 to the Civic Center Expansion/Renovation Phase II account number 005-550-8616. Respectfully submitted, City Manager DLB/CMNbls Attachment C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Philip C. Schirmer, City Engineer Robert H. Bird, Acting Purchasing Manager #CM02-00132 TABULATION OF BIDS MARQUEE SIGN FOR ROANOKE CiViC CENTER 710 WILLIAMSON ROAD, N. E. ROANOKE, VIRGINIA BID NO. 02-02-08 Bids were opened by Robert L. White, Manager, Purchasing Department, on Tuesday, March 26, 2002, at 2:00 p.m. Bidder Additive Bid Item Backup Addendum Base Bid (Total for Item) Information No. 1 Bid Bond Acken Signs, Inc. $145,207.00 $139,373.00 Yes Yes Yes Daktronics, Inc. (1) $ 314,095.00 $ 299,875.00 Yes Yes Yes Did Not Hodges Sign Co., Inc. $162,400.00 $154,220.00 Yes Acknowledge Check Skyway Outdoor, Inc. $149,336.19 $145,263.85 Yes Yes Yes (1) Other options described on "Changes to Amounts on Bid Form" Office of the City Engineer Roanoke, Virginia June 17, 2002 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35930-061702 concurring in the recommendations of the Human Services Committee for allocation of City funds to various nonprofit agencies and performance audits for fiscal year 2002- 2003; authorizing the City Manager, or her designee, to execute a contract with The Salvation Army for provision of services under the Homeless Housing Program - Red Shield Lodge, and/or Abused Women's Shelter- The Turning Point, to execute a contract with St. John's Community Youth Program, Inc., for provision of services, and to execute a contract with the Council of Community Services to perform the necessary audits. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Jesse A. Hall, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Glenn D. Radcliffe, Director, Human/Social Services Barry L. Key, Director, Office of Management and Budget H:kAgenda.02XJune 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35930-061702. A RESOLUTION concurring in the recommendations of the Human Services Committee ("Committee") for allocation of City funds to various nonprofit agencies and performance audits for Fiscal Year 2002- 2003; authorizing the City Manager or her designee to execute a contract with the Salvation Army for provision of services under the Homeless Housing Program - Red Shield Lodge, and/or Abused Women's Shelter - The Turning Point, to execute a contract with St. John's Community Youth Program, Inc., for provision of services, and to execute a contract with the Council of Community Services to perform the necessary audits. WHEREAS, the Fiscal Year 2002-2003 budget approved by City Council for the Human Services Committee provides for funding in the amount of $484,264.00; WHEREAS, in order to obtain an allocation for such funds, it was necessary for agencies to file applications with the Human Services Committee; - WHEREAS, requests for City funding in the total amount of $1,058,648.55 were received by the Human Services Committee from forty-two (42) agencies; WHEREAS, after studying each application and holding allocation meeting heatings, the Committee has recommended, allocation of funding to certain applicant agencies for Fiscal Year 2002-2003; and WHEREAS, performance audits are to be conducted for each agency receiving funds through the Committee to evaluate the effectiveness and efficiency of funded programs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council concurs in the recommendations of the Human Services Committee as to the allocations for funding of various nonprofit agencies and performance audits for Fiscal Year 2002-2003 as more particularly set forth in the Committee report submitted to this Council, dated June 17, 2002, and the attachment to that report. 2. The Chairman of the Human Services Committee and the Director of Human Development are authorized to release funds to the appropriate agency, provided objectives, activities, and other reasonable requests of the monitoring staff as well as compliance with items reviewed by Municipal Auditing have been submitted and accepted. 3. The City Manager or her designee is authorized to execute a contract with the Salvation Army for provision of services under the Homeless Housing Program and/or Abused Women's Shelter for the Homeless Housing Program - Red Shield Lodge, ($14,000.00) and abused Women's Shelter - The Turning Point ($14,000.00); St. John's Community Youth Program, Inc., ($5,000.00); and the Council of Community Services, for performance audits to be conducted, ($11,000.00). ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 File #10-60-72-110 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 35929-061702 amending and reordaining certain sections of the 2002-03 General Fund Appropriations, providing for transfer of $484,264.00, in connection with funding recommendations of the Human Services Committee for qualified agencies for fiscal year 2002-03; and execution of contracts with certain agencies for performance audits. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Glenn D. Radcliffe, Director, Human/Social Services Barry L. Key, Director, Office of Management and Budget H:X, Agenda.02XJune 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35929-061702. AN ORDINANCE to amend and reordain certain sections of the 2002-2003 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 G~neral Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ~dations Health and Welfare Human Services Committee (1-38) ' 1) Fees for Professional Services 2) YMCA of Roanoke Valley 3) Literacy Volunteers of Amedca 4) Family Services of Roanoke 5) Bradley Free Clinic 6) League of Older Americans 7) Roanoke Area Ministries 8) RADAR 9) Bethany Hall 10) Big Brothers/Big Sisters 11 ) Child Abuse Prevention 12) Council of Community Services 13) Northwest Child Development Center 14) Roanoke Valley Speech and Hearing 15) TRUST 16) Inner City Athletic Association 17) West End Center 18) Adult Care Center (001-630-5220-2010) (001-630-5220-3708) (001-630-5220-3709) (001-630-5220-3720) (001-630-5220-3721) (001-630-5220-3722) (001-630-5220-3723) (001-630-5220-3725) (001-630-5220-3728) (001-630-5220-3729) (001-630-5220-3730) (001-630-5220-3732) (001-630-5220-3734) (001-630-5220-3738) (001-630-5220-3740) (001-630-5220-3744) (001-630-5220-3745) (001-630-5220-3746) $ 11,000 9,000 1,000 39,500 30,000 29,000 40,000 24,000 7,500 7,0OO 4,000 13,369 20,000 3,500 7,60O 5,000 35,000 6,600 $ 27,979,647 484,264 19) Tinker Mountain Industries 20) Conflict Resolution Center 21) CHIP 22) Salvation Army 23) Roanoke Adolescent Health Partnership 24) Court Appointed Special Advocate 25) Greenvale Nursery Schoole 26) Blue Ridge Independent Living Center 27) National MS Society 28) Mental Health Association Of Roanoke Valley 29) YWCA 30) National Conference for Community and Justice 31) Reserve - SW Virginia Second Harvest Food Bank · 32) Planned Parenthood of the Blue Ridge 33) St. John's Community Youth Program 34) Virginia Skyline Gid Scout Council, Inc. 35) Good Samaritan Hospice 36) Presbyterian Community Center 37) Blue Ridge Legal Services, Inc. 38) Subsidies (001-630-5220_3747) (001-630-5220_3748) (001-630-5220-3751 ) (001-630-5220-3752) (001-630-5220-3767) (001-630-5220.3775) (001-630-5220-3780) (001-630-5220-3781 ) (001-630-5220-3783) (001-630-5220-3784) (001-630-5220-3785) (001-630-5220-3786) (001-630-5220-3788) (001-630-5220-3795) (001-630-5220-3797) (001-630-5220-3798) (001-630-5220-3799) (001-630-5220-3801 ) (001-630-5220-3802) (001-630-5220-3700) $ 38,000 6,000 45,800 28,000 9,500 6,000 9,000 2,200 1,495 2,200 4,000 2,000 15,000 4,000 5,000 5,000 1,000 4,000 3,000 (484,264) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager June 17,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of Council: Subject: Recommendations of Human Services Committee for Funding of Qualified Agencies for Fiscal Year 2002-2003 Background: The Human Services Committee budget in the amount of $484,264 was established by City Council with the adoption of the general fund budget for fiscal year 2002-03 on May 13, 2002. Requests from 42 agencies totaling $1,058,648.55 were received as indicated on Attachment 1. Committee members studied each application prior to an allocation meeting held on April 9, 2002. Agencies were notified of tentative allocations and advised they could appeal these recommendations. Appeals of Committee recommendations, as provided by policy, were received after notification to each agency of its tentative recommended allocation. Appeals were filed and heard April 23, 2001 from the following agencies: Blue Ridge Legal Services, Bradley Free Clinic, TAP-IDA Program, and National Multiple Sclerosis Society. After appeals were heard, Blue Ridge Legal Services was allocated $3,000, Bradley Free Clinic was increased $5,000 to $30,000, and the National Multiple Sclerosis Society was allocated $1,495. TAP - IDA Program was denied funding. Performance audits will be conducted by the Council of Community Services to evaluate the effectiveness and efficiency of funded programs. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us Honorable Mayor and Members of City Council June 17, 2002 Page 2 Attachment 2 indicates funding received from other jurisdictions. Recommended Action(s): Transfer $484,264 from the Human Services Committee account #001-630-5220-3700 to new line items to be established with the Human Services Committee budget by the Director of Finance as cited on Attachment 1. Authorize the City Manager to execute contracts with the Salvation Army for the Homeless Housing Program - Red Shield Lodge, ($14,000) and Abused Women's Shelter - The Turning Point, ($14,000); St. John's Community Youth Program, Inc., ($5,000); and the Council of Community Services, for performance audits to be conducted, ($11,000). Respectfully submitted, City Manager DLB:tem Attachments C~ Rolanda A. Johnson, Assistant City Manager for Community Development Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Barry L. Key, Director of Management and Budget Glenn D. Radcliffe, Director of Human/Social Services #CM02-00130 Attachment I HUMAN SERVICES COMMITTEE FUNDING ALLOCATION RECOMMENDATIONS 2002/03 Requested Received Received 2002103 2002103 2001/02 Planned Parenthood of Blue Ridge 8,000 4,000 4,000 Adult Care Center: A. Adult Day Care 7,728 6,000 6,000 B. Weekend Day & Overnight Respite 672 600 600 Prevent Child Abuse: A. Parenting Programs 2,125 2,000 4,000 B. Puppet Show 2,125 2,000 Unified Human Services Transportation (RADAR) Star Program 27,000 24,000 24,000 Greenvale School 10,000 9,000 9,000 Council of Community Services: Information and Referral/Volunteer Roanoke Valley 14,039 13,369 13,369 Roanoke Adolescent Health Partnership, Inc. 20,000 9,500 9,500 Southwestern Virginia Second Harvest Food Bank 25,000 15,000 15,000 Blue Ridge Independent Living Center 24,297 2,200 2,200 Boys and Girls Club -Violence Prevention 25,192 -0- 3,000 Roanoke Valley Speech and Hearing Center 4,000 3,500 3,500 National Multiple Sclerosis Society 6,000 1,495 1,000 American Red Cross -Roanoke Chapter - Disaster Services 55,000 -0- -0- Northwest Child Development Center 24,000 20,000 20,000 Roanoke Valley Family Learning Center 10,000 -0- -0- Bethany Hall 20,850 7,500 7,500 The National Conference for Community and Justice (NCCJ) 5,000 2,000 2,000 Blue Ridge Legal Services, Inc. 15,238 3,000 -0- Bradley Free Clinic 110,000 30,000 22,500 YWCA: A. Child Care 10,000 4,000 4,000 B. KISS 3,000 -0- -0- C. Residents Program 10,000 -0- -0- D. Youth Club 10,000 -0- -0- Total Action Against Poverty - IDA Program 42,000 -0- -0- Mental Health Association 2,200 2,200 2,200 Roanoke Valley Interfaith Hospitality Network 8,333 -0- -0- League of Older Americans 34,186 29,000 29,000 Girl Scouts of Virginia Skyline Council, Inc. 5,000 5,000 5,000 Roanoke Area Ministries 45,000 40,000 40,000 Inner City Athletic Association 10,000 5,000 5,000 Presbyterian Community Center, Inc. - Pathways Program 8,000 4,000 4,000 Roanoke Valley CASA 8,000 6,000 6,000 West End Center for Youth 70,000 35,000 35,000 Big Brothers/Big Sisters of Roanoke Valley: A. Community Based Mentoring Program 10,000 4,000 4,000 B. M& M's - Mentoring and Matches 10,000 3,000 3,000 Literacy Volunteers of America of Roanoke Valley 3,000 1,000 1,000 Apple Ridge Farm - Summer Academic Camp 20,000 -0- -0- Good Samaritan Hospice 5,000 1,000 1,000 TRUST - Roanoke Valley Trouble Center 10,000 7,600 7,600 Goodwill Industries A. Transportation 39,900 38,000 38,000 B. Supported Employment N/A St. John's Community Youth Program, Inc. 10,000 5,000 5,000 Conflict Resolution Center 52,000 6,000 6,000 Family Services of Roanoke Valley: 39,500 A. Family and Individual Counseling 10,000 10,000 B. Adults Plus 14,500 14,500 C. Home Care Aide 15,000 15,000 D. Domestic Violence Treatment 7,500 -0- E. Teen Outreach Program (TOP) 3,000 -0- YMCA Of Roanoke Valley A. Homework Success Program 35,263.55 B. Magic Place 8,500 9,000 9,000 CHIP: A. Care Coordination Program 27,750 21,450 21,450 B. Helpful Opportunities for Parents to Excel 15,000 -0- C. Family Strengthening Program 32,250 24,350 24,350 Salvation Army: A. Shelter for Homeless Men 17,000 14,000 14,000 B. Abused Women's Shelter {Turning Point) 20,000 14,000 14,000 Council of Community Services - Monitoring Services 11,000 11,000 11,000 TOTAL 1,058,648.55 484,264 Attachment 2 2001-2002 & 2002-2003 REGIONAL HUMAN SERVICE AGENCY FUNDING Roanoke Roanoke County Salem 2001-02 2002-03 2001-02 2002-03 2001-02 2002-03 AGENCY Allocation Recommended Allocation Allocation Allocation Allocation Planned Parenthood 4,000 4,000 Adult Care Center 6,600 6,600 10,000 10,000 6,300 6,300 Prevent Child Abuse 4,000 4,000 3,500 3,500 2,360 2,360 Unified Human Services Transportation - RADAR 24,000 24,000 Greenvale School 9,000 9,000 Council of Community Services - Info and Referral 13,369 13,369 3,000 3,000 2,500 2,500 Roanoke Adolescent Health Partnership 9,500 9,500 Southwestern Virginia Second Harvest Food Bank 15,000 15,000 2,500 3,000 Blue Ridge Independent Living Center 2,200 2,200 -0- 10,000. Roanoke Valley Speech and Hearing Center 3,500 3,500 1,000 1,000 1,400 1,400 National Multiple Sclerosis Society 1,000 1,495 -0- -0- 500 -0- Northwest Child Development Center 20,000 20,000 Bethany Hall 7,500 7,500 500 500 The National Conference for Community and Justice 2,000 2,000 610 650 750 750 Blue Ridge Legal Services 3,000 -0- -0- -0- Bradley Free Clinic 22,500 30,000 5,000 5,000 3,000 3,000 YWCA 4,000 4,000 Mental Health Association 2,200 2,200 640 700 500 500 League of Older Americans 29,000 29,000 13,750 13,750 8,000 8,000 Girl Scouts of Virginia Skyline Council, Inc. 5,000 5,000 Roanoke Area Ministries 40,000 40,000 1,000 1,000 1,500 1,500 Inner City Athletic Association 5,000 5,000 Presbyterian Community Center, Inc. 4,000 4,000 -0- -0- Roanoke Valley CASA 6,000 6,000 2,000 2,000 3,500 3,500 West End Center for Youth 35,000 35,000 Big Brothers/Big Sisters of Roanoke Valley 7,000 7,000 3,000 3,000 3,000 3,000 Literacy Volunteers of Roanoke Valley 1,000 1,000 1,000 1,000 1,000 1,000 Good Samaritan Hospice 1,000 1,000 1,000 1,000 5,500 5,500 TRUST - Roanoke Valley Trouble Center 7,600 7,600 4,750 4,750 4,000 4,000 Goodwill Industries 38,000 38,000 15,000 5,000 30,000 30,000 St. John's Community Youth Program, Inc. 5,000 5,000 Conflict Resolution Center 6,000 6,000 -0- -0- 1,500 1,500 Family Services of Roanoke Valley 39,500 39,500 4,000 4,000 2,000 2,000 YMCA of Roanoke Valley 9,000 9,000 CHIP 45,800 45,800 16,600 16,660 39,000 39,000 Salvation Army 28,000 28,000 2,000 2,000 2,500 2,500 CONTRACT FOR SERVICES This agreement, made this day of ,2002, by and between the City of Roanoke (the "City") and The Council of Community Services (the "Council"). The parties hereto agree as follows: SCOPE OF SERVICES The Council will provide monitoring of objectives for programs and services of thirty-six (36) agencies receiving funds through the City's Human Services Committee. All work shall be coordinated with the Director of Human Services/Social Services, City of Roanoke. The scope of services shall include: Monitoring of the following agencies to ensure compliance with the information provided in connection with each agency's request for funds to the City's Human Services Committee: Planned Parenthood of Blue Ridge Adult Care Center Prevent Child Abuse Unified Human Services Transportation (RADAR) Greenvale School Council of Community Services I & R Roanoke Adolescent Health Partnership, Inc. Southwestern Virginia Second Harvest Food Bank Blue Ridge independent Living Center Roanoke Valley Speech and Hearing Center National Multiple Sclerosis Society Northwest Child Development Center Bethany Hall The National Conference for Community and Justice Blue Ridge Legal Services Bradley Free Clinic YWCA Mental Health Association League of Older Americans Girl Scouts of Virginia Skyline Council, Inc. Roanoke Area Ministries Inner City Athletic Association Presbyterian Community Center, Inc. Roanoke Valley CASA West End Center for Youth Big Brothers/Big Sisters of Roanoke Valley Literacy Volunteers of America- Roanoke Valley Good Samaritan Hospice II. III. IV. VI. TRUST Goodwill Industries St. John's Community Youth Program, Inc. Conflict Resolution Center Family Services of Roanoke Valley YMCA of Roanoke Valley CHIP Salvation Army B. Understanding and reporting on each agency's compliance with its goals, objectives and performance measures; C. Providing for on-site visits to the programs and services to be monitored; D. Preparing a report to the Human Services Committee describing each agency's program and services, adherence to the goals, objectives, and performance measures for which City funding was received; E. Presenting a verbal or written report on the activities of the agencies as requested by the Human Services Committee. Changes or additions to the scope of services can be made at the discretion of the City, with the consent of the Council. TIME OF PERFORMANCE The terms of this agreement shall be for a 12-month period beginning July 1, 2002, and ending June 30, 2003. FEES The total compensation of the Council for above scope of service shall be $11,000 per year. This cost included professional staff time, clerical services, printing and copying, travel, supplies and all expenses necessary to complete the scope of services. PROPOSED PAYMENT SCHEDULE Payment to Council shall be made upon completion of all services to the satisfaction of the City. REPORTING The Council agrees to submit written monitoring reports semi-annually to the Human Services Committee. 2 VII. INDEMNIFICATION The Council agrees to indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, legal actions and judgments advanced against the City and for expenses the City may incur in this regard, arising out of the Council's negligent acts or omissions with respect to the rights and privileges granted by the City to the Council in this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year herein above written: ATTEST: CITY OF ROANOKE BY BY Mary F. Parker, City Clerk Darlene L. Burcham, City Manager ATTEST: THE COUNCIL OF COMMUNITY SERVICES BY Title: BY Executive Director Certified as to Funds: Director of Finance Account # 001-630-5220-2010 Approved as to Form: Assistant City Attorney Approved as to Execution: Assistant City Attorney 3 CITY OF ROANOKE DEPARTMENT Of HUMAN SERVICES Abused Women's Program Contract The named parties hereby enter into agreement, subject to the terms and conditions stated herein. CONTRACTOR The Salvation Army P. O. Box 1631 Roanoke, Virginia 24008 CITY AGENCY City of Roanoke Department of Human Services 215 W. Church Avenue P. O. Box 1140 Roanoke, VA 24006-1140 CONTRACT PERIOD July 1, 2002 through June 30, 2003 I. COMPLETE DESCRIPTION OF SERVICES A. Provide beds for battered women and their dependent children who are City residents during the period covered by this contract. B. Provide vocational guidance, individual counseling, and job placement assistance to a program monitored by the Department of Human Resources to individuals placed in the program as a result of this contract. C. Provide requested reports to the Department of Human Services, which will include: 1. Information on services given. 2. Number of City residents served. 3. Assurance that verification is on file that residents for whom the City of Roanoke is billed were residents of the City of Roanoke prior to entering the shelter. 4. Reports as required by the monitoring staff of the Citizens Services Committee. D. Provide written documentation that the physical facility is in compliance with all state and local fire, health, building, and other relevant codes. E. Provide cooperation and compliance with the direction of the Director of Human Development and other authorized City officials. II. II1. IV. Provide the Department of Human Services with specific and measurable program objectives to be accomplished during this contract period. COMPENSATION AND SCHEDULE OF PAYMENTS The City of Roanoke agrees during this contract period to pay the Contractor $25.00 per family per day for City residents up to a total not to exceed $14,000.00 in total for the year for services under the conditions set forth herein. Payments will be made upon receipt of a properly executed and approved invoice on a monthly schedule. Contractor shall submit such invoice at the end of each month. The City of Roanoke reserves the right to withhold funds for services if it is determined that the services identified in Section I of this contract are not being provided in a professional, acceptable manner. CITY LIABILITY The Contractor acknowledges that the City of Roanoke Shall not be responsible for any actions of Contractor's employees or designated representatives of the program. In the event of any litigation which may arise as a result of the Contractor's operation of this program, the Contractor agrees to assume the risk and/or liability for the cost of any such litigation, including, but not limited to, payment of damages or attorney fees to the plaintiff and hold the City of Roanoke harmless therefrom. The Contractor also acknowledges and agrees that it will provide its own legal representation and bear the cost of the same. The Contractor also acknowledges and agrees that the City shall not be obligated to provide insurance coverage, either commercially or self supplied for the Contractor. Nothing contained herein shall be deemed an expressed or implied waiver of the sovereign immunity of the City of Roanoke. Co Neither the Contractor, its employees, assigns, or subcontractors shall be deemed employees of the City of Roanoke or of the Department of Human Services while performing under this agreement. NON-DISCRIMINATION During the performance of this contract, the Contractor agrees as follows: The Contractor will not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, disability, or national origin, except where religion, sex, disability, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor 2 VI. VII, agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this non- discrimination clause. The Contractor in all solicitations or advertisements for employees placed by or on behalf of the Contractor will state that such Contractor is an equal employment opportunity employer. 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 A and B above. GENERAL PROVISIONS Nothing in this contract shall be construed as authority for either party to make commitments, which bind the other party beyond the scope of this contract. CANCELLATION CLAUSE This contract shall remain in full force and effect until canceled by either party giving the other party 30 days written notice of cancellation. Any such notice of cancellation shall be in writing and sent by certified mail (return receipt required) to the City of Roanoke, Director of Human Services/Social Services, Room 307, Municipal North, 215 W. Church Avenue, P. O. Box 1140, Roanoke, Virginia 24006-1140 in the case of the City; and to the Captain, the Salvation Army, P. O. Box 1631, Roanoke, Virginia 24008 in the case of The Salvation Army. No payment will be made for expenses incurred or services rendered after receipt of notice except those expenses incurred prior to date of termination that are necessary to curtailment of operations under this contract. Bo The Contractor is hereby informed that failure to comply with any of the above conditions shall constitute grounds upon which the City of Roanoke may terminate this contract and/or discontinue payments after 30 days notice to the Contractor. If this action is taken, the Director of Human Services/Social Services will notify the program in writing by certified mail. RELIGIOUS ORGANIZATION It is recognized that the Salvation Army is a religious organization, and as such, agrees that religious programs and orientation shall not be mandated for residents, but may be made available at the resident's request. No such program or orientation will be funded in whole or in part with funds provided pursuant to this contract. IN WITNESS WHEREOF by the following signatures and seals the City of Roanoke and The Salvation Army have executed this contract as of this of ,2002. CITY OF ROANOKE day City Manager THE SALVATION ARMY (Title) Certified as to Funds: Director of Finance Account # 001-630-5220-3752 Approved as to Form: Assistant City Attorney Approved as to Execution: Assistant City Attorney 4 CITY OF ROANOKE DEPARTMENT OF HUMAN SERVICES Homeless Program Contract The named parties hereby enter into agreement, subject to the terms and conditions stated herein. CONTRACTOR The Salvation Army P. O. Box 1631 Roanoke, Virginia 24008 CITY AGENCY City of Roanoke Department of Human Services 215 W. Church Avenue, SW P. O. Box 1140 Roanoke, Virginia 24006-1140 CONTRACT PERIOD July 1, 2002 through June 30, 2003 COMPLETE DESCRIPTION OF SERVICES Contractor agrees to: Provide beds for men, women, and their dependent children who are City residents during the period covered by this contract. Provide food, shelter, vocational guidance, individual counseling, and job placement assistance to a program monitored by the Department of Human Development to individuals placed in the program as a result of this contract. Co Provide requested reports to the Department of Human Services which will include: 1. Information on services given. 2. Number of City residents served. Assurance that verification is on file that residents for whom the City of Roanoke is billed were residents of the City of Roanoke Prior to entering the shelter. Reports as required by the monitoring staff of the Human Services Committee. Provide written documentation that the physical facility is in compliance with all state and local fire, health, building, and other relevant codes. II. III. IV. Provide cooperation and compliance with the direction of the Director of Human Services/Social Services and other authorized City officials. Eo Provide the Department of Human Services with specific and measurable program objectives to be accomplished during this contract period. COMPENSATION AND SCHEDULE OF PAYMENTS Ao The City of Roanoke agrees during this contract period to pay the Contractor $20.00 per day per bed for City residents up to a total not to exceed $14,000.00 in total for the year for services under the conditions set forth herein. Payments will be made upon receipt of a properly executed and approved invoice on a monthly schedule. Contractor shall submit such invoice at the end of each month. B° The City of Roanoke reserves the right to withhold funds for services if it is determined that the services identified in Section I of this contract are not being provided in a professional, acceptable manner. CITY LIABILITY The Contractor acknowledges that the City of Roanoke shall not be responsible for any actions of Contractor's employees or designated representatives of the program. In the event of any litigation which may arise as a result of the Contractor's operation of this program, the Contractor agrees to assume the risk and/or liability for the cost of any such litigation including, but not limited to, payment of damages or attorney fees to the plaintiff and hold the City of Roanoke harmless therefrom. The Contractor also acknowledges and agrees that it will provide its own legal representation and bear the cost of the same. The Contractor also acknowledges and agrees that the City shall not be obligated to provide insurance coverage, either commercially or self supplied for the Contractor. Nothing contained herein shall be deemed an expressed or implied waiver of the sovereign immunity of the City of Roanoke. Co Neither the Contractor, its employees, assigns, or subcontractors shall be deemed employees of the City of Roanoke or of the Department of Human Services while performing under this agreement. NON-DISCRIMINATION During the performance of this contract, the Contractor agrees as follows: 2 Vm VI. VII. The Contractor will not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, disability, or national origin, except where religion, sex, disability or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non- discrimination clause. The Contractor in all solicitations or advertisements for employees placed by or on behalf of the Contractor will state that such Contractor is an equal employment opportunity employer. Co 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 A and B above. GENERAL PROVISIONS Ao Nothing in this contract shall be construed as authority for either party to make commitments which bind the other party beyond the scope of this contract. CANCELLATION CLAUSE This contract shall remain in full force and effect until canceled by either party giving the other party 30 days written notice of cancellation. Any such notice of cancellation shall be in writing and sent by certified mail (return receipt required) to the City of Roanoke, Director of Human Services/Social Services, Room 307, 215 W. Church Avenue, P. O. Box 1140, Roanoke, Virginia 24006-1140 in the case of the City; and to the Captain, The Salvation Army, P. O. Box 1631, Roanoke, Virginia 24008 in the case of The Salvation Army. No payment will be made for expenses incurred or services rendered after receipt of notice except those expenses incurred prior to date of termination that are necessary to curtailment of operations under this contract. The Contractor is hereby informed that failure to comply with any of the above conditions shall constitute grounds upon which the City of Roanoke may terminate this contract and/or discontinue payments after 30 days notice to the Contractor. Co If this action is taken, the Director of Human Services/Social Services will notify the program in writing by certified mail. RELIGIOUS ORGANIZATION 3 It is recognized that the Salvation Army is a religious organization, and as such, agrees that religious programs and orientation shall not be mandated for residents, but may be made available at the resident's request. No such program or orientation will be funded in whole or in part with funds provided pursuant to this contract. IN WITNESS WHEREOF by the following signatures and seals the City of Roanoke and The Salvation Army have executed this contract as of this of ,2002. day CITY OF ROANOKE City Manager THE SALVATION ARMY (Title) Certified as to Funds: Director of Finance Account # 001-630-5220-3752 Approved as to Form: Assistant City Attorney Approved as to Execution: Assistant City Attorney 4 CITY Of ROANOKE DEPARTMENT Of HUMAN SERVICES St. John's Community Youth Program, Inc. The named parties hereby enter into agreement, subject to the terms and conditions stated herein. CONTRACTOR St. John's Community Youth Program 1 Mountain Avenue, SW Roanoke, Virginia 24016 ClTY AGENCY City of Roanoke Department of Human Services 215 W. Church Avenue P.O. Box 1140 Roanoke, VA 24006-1140 CONTRACT PERIOD July 1, 2002 through June 30, 2003 I. COMPLETE DESCRIPTION OF SERVICES Provide at-risk students from four middle schools in Roanoke City (Madison, Addison, Woodrow Wilson, and Ruffner) with healthy alternative activities during the hours immediately following school when parents are at work and the youth may otherwise engage in risky, unhealthy behaviors. Activities will include life skills education classes, teen voluntarism, recreation, arts and science enrichment, group counseling, tutoring and positive role models. Programming will address issues such as sexuality education, alcohol and drug education, self-esteem, teamwork, conflict resolution, and communication. Promotes parental involvement through required volunteering, and Family Night Out educational dinners. II. COMPENSATION AND SCHEDULE OF PAYMENTS Ao The City of Roanoke agrees during this contract period to pay the Contractor $5,000.00 in total for the year for services under the conditions set forth herein. The City of Roanoke reserves the right to withhold funds for services if it is determined that the services identified in Section I of this contract are not being provided in a professional, acceptable manner. III. CITY LIABILITY IV. Bo The Contractor acknowledges that the City of Roanoke Shall not be responsible for any actions of Contractor's employees or designated representatives of the program. In the event of any litigation which may arise as a result of the Contractor's operation of this program, the Contractor agrees to assume the risk and/or liability for the cost of any such litigation, including, but not limited to, payment of damages or attorney fees to the plaintiff and hold the City of Roanoke harmless therefrom. The Contractor also acknowledges and agrees that it will provide its own legal representation and bear the cost of the same. The Contractor also acknowledges and agrees that the City shall not be obligated to provide insurance coverage, either commercially or self supplied for the Contractor. Nothing contained herein shall be deemed an expressed or implied waiver of the sovereign immunity of the City of Roanoke. Neither the Contractor, its employees, assigns, or subcontractors shall be deemed employees of the City of Roanoke or of the Department of Human Services while performing under this agreement. NON-DISCRIMINATION During the performance of this contract, the Contractor agrees as follows: Bo The Contractor will not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, disability, or national origin, except where religion, sex, disability, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non- discrimination clause. The Contractor in all solicitations or advertisements for employees placed by or on behalf of the Contractor will state that such Contractor is an equal employment opportunity employer. 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 A and B above. GENERAL PROVISIONS Nothing in this contract shall be construed as authority for either party to make commitments which bind the other party beyond the scope of this contract. 2 VI. CANCELLATION CLAUSE This contract shall remain in full force and effect until canceled by either party giving the other party 30 days written notice of cancellation. Any such notice of cancellation shall be in writing and sent by certified mail (return receipt required) to the City of Roanoke, Director of Human Services/Social Services, Room 307, Municipal North, 215 W. Church Avenue, P. O. Box 1140, Roanoke, Virginia 24006-1140 in the case of the City; and to St. John's Community Youth Program, Executive Director, 1 Mountain Avenue, SW, Roanoke, VA 24016. No payment will be made for expenses incurred or services rendered after receipt of notice except those expenses incurred prior to date of termination that are necessary to curtailment of operations under this contract. The Contractor is hereby informed that failure to comply with any of the above conditions shall constitute grounds upon which the City of Roanoke may terminate this contract and/or discontinue payments after 30 days notice to the Contractor. Co If this action is taken, the Director of Human Services/Social Services will notify the program in writing by certified mail. VII. RELIGIOUS ORGANIZATION It is recognized that the St. John's Community Youth Program is a religious organization, and as such, agrees that religious programs and orientation shall not be mandated for participants, but may be made available at the participant's request. No such program or orientation will be funded in whole or in part with funds provided pursuant to this contract. IN WITNESS WHEREOF by the following signatures and seals the City of Roanoke and St. John's Community Youth Program have executed this contract as of this day of ,2002 CITY OF ROANOKE City Manager ST, JOHN'S COMMUNITY YOUTH PROGRAM (Title) 3 Certified as to Funds: Director of Finance Account # 001-630-5220-3797 Approved as to Form: Assistant City Attorney Approved as to Execution: Assistant City Attorney 4 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 35931-061702 amending and reordaining certain sections of the 2002-03 General Fund Appropriations, providing for transfer of $289,112.00, in connection with recommendations of the Roanoke Arts Commission for funds to be allocated to cultural agencies for fiscal year 2002-03. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Darlene L. Burcham, City Manager Elizabeth A. Neu, Director of Economic Development Barry L. Key, Director, Office of Management and Budget H:L6.genda.02Uunc 17, 2002 corrcspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35931-061702. AN ORDINANCE to amend and reordain certain sections of the 2002-2003 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADorooriations Parks, Recreation and Cultural $ 3,981,426 Roanoke Arts Commission (1-16) .............................. 289,112 1) Fees for Professional Services 2) Mill Mountain Zoo 3) Harrison Museum of Afdcan Amedcan Culture 4) Virginia Museum of Transportation 5) Roanoke Symphony and Roanoke Valley Choral 6) Roanoke Valley Arts Council 7) Mill Mountain Playhouse 8) Art Museum of ' ' Western Virginia 9) Virginia's Explore Park 10) Opera Roanoke 11) Science Museum of Western Virginia 12) Roanoke Valley Historical Society 13) Roanoke Ballet Theatre (001-310-5221-2010) $ 6,000 (001-310-5221-3701 ) 10,500 (001-310-5221-3713) (001-310-5221-3714) (001-310-5221-3736) (001-310-5221-3737) (001-310-5221-3749) (001-310-5221-3750) (001-310-5221-3758) (001-310-5221-3762) (001-310-5221-3774) (001-310-5221-3776) (001-310-5221-3779) 28,750 85,000 21,500 12,500 10,500 14,000 36,75O 6,500 40,112 9,500 1,500 14) Southwest Virginia Ballet 15) Young Audiences of Virginia 16) Subsidies (001-310-5221-3794) $ 2,000 (001-310-5221-3802) 4,000 (001-310-5221-3700) (289,112) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager June 17, 2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Recommendations of the Roanoke Arts Commission Background: The Roanoke Arts Commission budget for funds to be allocated to cultural agencies in the amount of $289,112 was established by City Council with the adoption of the General Fund budget for FY 2002-03. Requests from fifteen (15) agencies totaling $456,410 were received as indicated on Attachment A. Committee members studied each application prior to an allocation meeting held April 10, 2001. Agencies were notified of tentative allocations and advised they could appeal these recommendations. No appeals were filed. The recommended allocations for FY03 are detailed on Attachment A. Recommended Action: Transfer $289,112 as cited on Attachment A from account #001-310-5221-3700, to new line items to be established within the Roanoke Arts Commission budget by the Director of Finance for FY 2002-03. DLB:gr Respectfully submitted, City Manager CM02-00111 Room 364 Municipal South 215 Church Avenue, S,W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Elizabeth A. Neu, Director of Economic Development 2002-2003 AGENCY FUNDING ADVISORY COMMITTEE REQUEST & ALLOCATIONS ROANOKE ARTS COMMISSION Attachment A AGENCY 2000-2001 2001-2002 2001-2002 2002-2003 2002-2003 Appropriation Request Recommendation Request Recommendation Arts Council of the Blue Ridge 11,500.00 13,500.00 11,500.00 13,500.00 12,500.00 Art Museum of Western VA 14,000.00 22,778.00 14,000.00 15,806.00 14,000.00 Blue Ridge Public Television 4,500.00 4,500.00 4,500.00 -0- -0- Blue Ridge Zoological Society of VA 10,047.00 12,000.00 10,047.00 13,000.00 10,500.00 Harrison Museum of African American 17,223.00 97,078.00 22,479.00 57,854.00 28,750.00 Culture Julian Stanley Wise Foundation 1,895.00 20,000.00 1,895.00 20,000.00 -0- Mill Mountain Playhouse Co. 9,500.00 12,000.00 9,500.00 12,500.00 10,500.00 Opera Roanoke 6,272.00 7,875.00 6,272.00 7,500.00 6,500.00 Roanoke Ballet Theatre 1,875.00 1,575.00 1,875.00 1,500.00 1,500.00 History Museum & Historical Society 9,125.00 10,000.00 9,125.00 10,000.00 9,500.00 of Western Virginia Roanoke Symphony Society 21,500.00 40,000.00 21,500.00 40,000.00 21,500.00 Science Museum of Western VA 32,375.00 250,000.00 32,375.00 102,000.00 40,112.00 Southwest Virginia Ballet 2,250.00 2,350.00 2,250.00 5,000.00 2,000.00 Virginia's Explore Park 36,750.00 50,000.00 36,750.00 36,750.00 36,750.00 Virginia Museum of Transportation 85,000.00 100,000.00 85,000.00 100,000.00 85,000.00 2002-2003 AGENCY FUNDING ADVISORY COMMITTEE REQUEST & ALLOCATIONS ROANOKE ARTS COMMISSION Attachment A AGENCY 2000-2001 2001-2002 2001-2002 2002-2003 2002-2003 Appropriation Request Recommendation Request Recommendation Western Virginia Land Trust 5,375.00 10,000.00 5,375.00 -0- -0- *Young Audiences of Virginia -0- 5,000.00 3,000.00 15,000.00 4,000.00 Monitoring 6,000.00 6,000.00 6,000.00 6,000.00 TOTAL 275,187.00 658,656.00 283,443.00 $456,410.00 $289,112.00 No New Applications CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21, 2002 File #5-60-236-304 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35933-061702 authorizing acceptance of a Juvenile Accountability Incentive Block Grant from the Virginia Department of Criminal Justice Services on behalf of the City of Roanoke, in the amount of $48,493.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Attachment pc: John M. Chambliss, Jr., Assistant County Administrator, P. O. Box 29800, Roanoke, Virginia 24018 Jesse A. Hall, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Glenn D. Radcliffe, Director, Human Services Barry L. Key, Director, Office of Management and Budget H:~Agenda.02XJunc 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35933-061702. A RESOLUTION authorizing acceptance of a Juvenile Accountability Incentive Block Grant from the Virginia Department of Criminal Justice Services on behalf of the City, 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. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Juvenile Accountability Incentive Block Grant funds from the Virginia Department of Criminal Justice Services, in the amount of $48,493.00, as set forth in the City Manager's letter, dated June 17, 2002, to this Council are hereby ACCEPTED. 2. The City Manager, or her designee, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these grant funds and to furnish such additional information as may be required in connection with the City's acceptance of these grant funds. All documents shall be approved by the City Attorney. ATTEST: City Clerk. H:~r..SOLUTIO NS\R-G- J'uv. Acct061702.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21, 2002 File #5-60-236-304 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 35932-061702 amending and reordaining certain sections of the 2001-02 General Fund Appropriations, providing for appropriation of funds, in connection with a Juvenile Accountability Incentive Block Grant allocation from the Department of Criminal Justice Services. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Attachment pc: Darlene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Glenn D. Radcliffe, Director, Human Services Barry L. Key, Director, Office of Management and Budget H:~Agenda.02'dune 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35932-061702. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General and Grant Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Public Safety Outreach Detention (1) ................................... Nondepartmental Transfer of Other Funds (2) ............................... Grant Fund $ 46,886,867 167,919 $ 72,501,312 72,139,3O2 Appropriations Health and Welfare Juvenile Accountability Incentive Block Grant - FY02 City of Roanoke (3) ......................................... Juvenile Accountability Incentive Block Grant - FY02 Roanoke County (4) .......................................... Revenues Health and Welfare Juvenile Accountability Incentive Block Grant - FY02 City of Roanoke (5-6) ....................................... Juvenile Accountability Incentive Block Grant - FY02 Roanoke County (7-8) ........................................ 3,334,610 38,562 15,319 3,334,610 38,562 15,319 1) Reimbursements 2) Transfer to Grant Fund 3) Fees for Professional Services 4) Fees for Professional Services 5) State Grant Receipts 6) Local Match 7) State Grant Receipts 8) Local Match (001-631-3330-8005) $ (3,856) (001-250-9310.9535) 3,856 (035-630-5054-2010) 38,562 ( 035-630-5056-2010) (035-630-5054-5054) (035-630-5054-5055) (035-630-5056-5056) (035-630-5056-5057) 15,319 34,706 3,856 13,787 1,532 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager June 17,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of Council: Background: Subject: Juvenile Accountability Incentive Block Grant Award The Department of Criminal Justice Services notified Roanoke and Roanoke County in May, 2002 of an allocation of funds under the Juvenile Accountability Incentive Block Grant Program (JAIBG). The allocation of $48,493 in federal funds was awarded jointly to the two jurisdictions. A local match of $5,388 is required. Considerations: The allocation formula provides $34,706 federal and $3,856 match for Roanoke and $13,787 federal and $1,532 match for Roanoke County. Staff from the jurisdictions have met and developed program propOsals for the use of the funding. Roanoke County will provide a substance abuse intervention education program through the schools. Roanoke, in collaboration with the Boys & Girls Club, will provide services to students suspended or otherwise absent from school during the day. Funding for the City's match of $3,856 is in Account No. 001-631-3330-8005, Outreach Detention. Roanoke is the fiscal agent for the funds. 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 Honorable Mayor and Members of City Council June 17, 2002 Page 2 Recommended Action: Authorize the City Manager or her designee to accept the JAIBG grant allocation of $34,706 (Roanoke) and $13,787 (Roanoke County), total amount of $48,493, to execute the agreement from the Department of Criminal Justice Services for the funds, and authorize the appropriation of $3,856 from Account No. 001-631-3330-8005, Outreach Detention, to an account for the JAIBG allocation to be established by the Director of Finance. Authorize the Director of Finance to establish appropriation amounts and revenue estimates for this grant. Respectfully submitted, City Manager GDR:tem C: Rolanda A. Johnson, Assistant City Manager for Community Development Glenn D. Radcliffe, Director of Human/Social Services Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Barry L. Key, Director of Management and Budget John M. Chambliss, Jr., Assistant County Administrator #CM02-00124 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 File #60-72 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 35934-061702 amending and reordaining certain sections of the 2001-02 General Fund Appropriations, providing for appropriation of funds, in connection with the Comprehensive Services Act Supplemental Allocation. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Dadene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Glenn D. Radcliffe, Director, Human Services Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent of Operations, Roanoke City Public Schools Barry L. Key, Director, Office of Management and Budget H:'~Agenda.02~June 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35934-061702. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare $ 27,955,432 Comprehensive Services Act (1-3) ....................................................... 8,999,119 Nondepartmental $ 72,313,407 Transfers to Other Funds (4) ................................................................ 71,951,397 Revenues Grants-In-Aid-Commonwealth $ 46,861,142 CSA-State Supplemental (5) ................................................................ 2,989,519 1 ) Special Education-Residential 2) Special Education- Pdvate Day Facilities 3) Special Education- Public Day Facilities 4) Transfer to School Fund 5) CSA-State Supplemental (001-630-5410-3185) (001-630-5410-3187) (001-630-5410-3188) (001-250-9310-9530) (001-110-1234-0692) $ 191,718. 371,454 35,947 (184,049) 415,070 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager June 17,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Comprehensive Services Act Supplemental Allocation Background: The Comprehensive Services Act (CSA), established in 1993, provides residential and non-residential treatment services to troubled and at-risk youths and their families through a collaborative system of state and local agencies, parents, and private service providers. These services include mandated foster care, certain special education services, and foster care prevention. CSA also provides services to certain targeted non-mandated populations. Considerations: CSA expenditures are projected at $8,999,119. These expenditures exceed the CSA appropriation of $8,400,000 by $599,119 and require an additional local share in the amount of $184,049. Expenditures are over budget due to increased Special Education referrals for private day and residential placements Recommended Action: Increase the General Fund Revenue estimate by $415,070 to CSA Revenue Account Number 001-110-1234-0692. Transfer funds in the amount of $184,049 from Transfer to School Fund (001-250-9310-9530) for educationally mandated placements. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci. roanoke.va.us Honorable Mayor and Members of City Council June 17, 2002 Page 2 · Appropriate funding in the amount of $599,119 to the following accounts: 001-630-5410-3185 Special Education-Residential 001-630-5410-3187 Special Education-Private Day Facilities 001-630-5410-3188 Special Education-Public Day Facilities $191,718 371,454 35,947 $599,119 Respectfully submitted, City Manager DLB:rji C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Dr. E. Wayne Harris, Superintendent, Roanoke City Schools Rolanda A. Johnson, Assistant City Manager for Community Development Richard L. Kelley, Assistant Superintendent of Operations, Roanoke City Schools Glenn D. Radcliffe, Chair, Roanoke Interagency Council #CM02-00131 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 File #293-336 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Dadene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35935-061702 authorizing an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley, in the amount $827,154.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Jesse A. Hall, Director of Finance Elizabeth A. Neu, Director of Economic Development H:XAgenda.02klune 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35935-061702. 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 and the City Clerk are hereby authorized to execute and to attest, respectively, an agreement with the Roanoke Valley Convention and Visitors Bureau for a term of one year, from July 1, 2002, through June 30, 2003, 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 fully set forth in the City Manager's letter to this Council dated Sune 17, 2002. 2. The contract amount authorized by this resolution shall not exceed $827,154 without further Council authorization, except for the adjustment which the Director of Finance is authorized to make in accordance with the agreement. 3. Such agreement shall be in such form as is approved by the City Attorney, and shall be substantially similar to the one attached to the above mentioned letter. ATTEST: City Clerk. H: ~le, asures'~rvcoacandcisit orcenter'20022003, doc Office of the City Manager June 17,2002 The The The The The The The Honorable Ralph K. Smith, Mayor Honorable William Carder, Vice-Mayor Honorable William Bestpitch, Council Member Honorable Nelson Harris, Council Member Honorable Alvin Hudson, Council Member Honorable William White, Council Member Honorable Linda Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: FY 2002-2003 Roanoke Valley Convention and Visitors Bureau Agreement The City of Roanoke has annually entered into an Agreement with the Roanoke Valley Convention and Visitors Bureau (RVCVB) to provide funding for marketing the Roanoke Valley as a convention and destination tourism site. As part of the FY02/03 Annual Operating budget adopted by City Council, the Memberships and Affiliations budget included funding of $541,440 specifically designated for the RVCVB. An additional $285,714 is designated for marketing efforts. The additional $285,714 will be adjusted up or down in subsequent years based on an amount equal to the actual revenues collected from the one percent increase in the transient occupancy tax. The City has negotiated a one year agreement commencing July 1,2002 (attached) with the RVCVB detailing the use of these funds. In addition, the City of Roanoke will have one less appointment this year to the RVCVC Board of Directors, in accordance with the City Manager's recommendation and the consultant report suggestion that the Board be reduced in size. The RVCVB submitted a detailed report listing the accomplishments made through April 2002, and an annual budget and work plan for 2002/2003 will be submitted to the City Manager for review and approval, upon approval of the RVCVB Board of Directors. Recommendation: Authorize the City Manager to execute an Agreement in the amount of $827,154 with the RVCVB, upon form approved by the City Attorney, substantially similar to the one attached hereto for the express purpose of marketing the Roanoke Valley as a regional Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke,va,us Mayor Smith and Members of Council June 17, 2002 Page 2 destination for convention and destination tourism. Also, authorize the Director of Finance to make the adjustment mentioned above as set forth in the Agreement. Respectfully submitted, City Manager DLB:ean Attachments C: Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Beth Neu, Director of Economic Development CM-02-00136 AGREEMENT THIS AGREEMENT, dated July 1, 2002, is by and between the ROANOKE VALLEY CONVENTION AND VISITORS BUREAU, a corporation organized under the laws of the Commonwealth of Virginia (hereinafter "RVCVB") and the CITY OF ROANOKE, a municipal corporation of the Commonwealth of Virginia (hereinafte~ "City"). WHEREAS, the RVCVB is a "REGIONAL 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 cornraercial travelers; WHEREAS, the City desires to appropriate $827,154 (subject to an adjustment as set forth herinafter in Paragraph 4) to the RVCVB for the express purpose of increasing tourism activities, which is a decrease of $1,786 from last year's appropriation; WHEREAS, the City desires to formalize its relationship with RVCVB in an effort to increase the revenue enhancement derived from tourism activity; and WHEREAS, the City desires to assure that its appropriation of funds be used for these purposes. THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties do hereby agree as follows: 2003. 1. Term. The term of this Agreement shall be for a one year period, from July 1, 2002, through June 30, 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) Servicing conventions. (d) Marketing/communications. H:~GMTS\RVCVB 2002-2003.DOC -1- (e) Identify product need (new and improved facility and attractions). (f) Coordination with other City and Civic agencies and businesses involved in the growth of the Roanoke Valley. (g) Staff and run a Visitors' Center. (h) the Roanoke Valley as a convention and tourist destination. Promote and sell 3. Work Program/Budget. No later than July 30, 2002, 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. Such items shall detail how the funds will be expended on specific marketing initiatives. The City Manager shall approve or otherwise respond to the proposed work programs, marketing plan and budget no later than August 24, 2002 in order that any necessary modifications be settled upon on or before August 31, 2002. Monthly reports outlining progress on convention sales, tourism activities and groups booked, bus tour activity, bookings and other information as deemed to be necessary by the City shall be submitted by the RVCVB to the City's Director of Economic Development. The lack of any written response by the City's Director 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. A. The City agrees to provide funding to RVCVB in the amount of Eight Hundred Twenty-Seven Thousand One Hundred Fifty-four Dollars ($827,154), subject to an adjustment as set forth in 4(B) below. The total amount shall be paid quarterly in equal payments of $206,788.50 on or before the last day of July 2002, September 2002, December 2002, and March 2003. B. Within thirty (30) days after the end of the fiscal year, June 30, 2003, the Director of Finance will make an adjustment to the amount of funding under this Contract to the RVCVB. Such adjustment will be either an increase or decrease to the amount set forth in 4(A) above. The increase or decrease in the funds provided to the RVCVB will be an amount equal to the difference between the amount of revenues actually received by the City fi:om the increased portion of the transient occupancy tax for the fiscal year ending June 30, 2003, and the estimated revenues from such source of $285,714 for that fiscal year. If there is an increase in such revenues, -2- H:'~,GMTS\RVCVB 2002-2003.DOC the amount of such increase will be paid by the City to the RVCVB for use in the next year's contract for the services provided for in such contract or for use by the RVCVB for any shortfall in its operating budget under this Contract, but only up the amount of such shortfall. Otherwise, any such funds will not be paid to RVCVB. Furthermore, if there is a decrease in the amount of revenues mentioned above, the amount of such decrease ~,hll be subtracted from the next quarterly payment to be made to RVCVB under the next year's contract between the parties. Provided, however, if no contract for services similar to those called for by this Contract has been entered into between the parties, then RVCVB will pay the City the amount of such decrease within thirty (30) days after receiving written notice from the City to do so. 5. Subcontracting. It.is understood that RVCVB may from time to t/me contract with fn-ms and individuals for the acquisition of goods or services in the furtherance of the activities contemplated by this Agreement. 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 $5,000 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 Mtmicipal 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 Director 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 Directors. 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 privileges during the term of this Agreement and shall serve on the Board at the pleasure of City Council. In addition, the City Manager or the City's Director of Economic Development, as her designee, the Chairman of the Hotel Roanoke Conference Center Commission or his designee, and the Chairman of the Roanoke Civic Center Commission or his H:~,GMTS\RVCVB 2002-2003.DOC -3- designee, shall be members of the Board, with full voting rights and privileges during the term of this Agreement. 9. Indemnification. To the extent permitted by law, each party shall indemmfy and hold harmless the other party, its officers, agents and employees, from any and all claims, legal actions and judgments 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 of 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 s~ch 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 co~mnercial 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, via first class postage, addressed: (a) If to the City: City Manager City of Roanoke Noel C. Taylor Municipal Building, Room 364 215 Church Avenue, S. W. Roanoke, Virginia 24011 And Director of Economic Development 111 Franklin Plaza, Suite 200 H:'~GMTS\RVCVB 2002-2003.DOC -4- Roanoke, VA 24011 (b) If to the RVCVB: Executive Director 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 to the other party. 13. Nondiscrimination. A. During the performance of this Agreement, the RVCVB agrees as follows: 1. RVCVB will not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of RVCVB. 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 RVCVB 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 subparagraphs (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. Drag Free Workplace. (A) During the performance of this Contract, the RVCVB agrees to (i) provide a drug free workplace for the RVCVB's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the RVCVB's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of RVCVB that RVCVB maintains a drag free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or H:~AGMTS\RVCVB 2002-2003.DOC -5- purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. (B) For the purpose of this section, "drag-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Contract. 15. Faith Based Organizations. Pursuant to Virginia Code Section 2.2 - 4343. l, be advised that the City of Roanoke does not discriminate against faith-based organizations. 16. Termination. The City may terminate this Agreement at any time if RVCVB applies funds paid to RVCVB by the City for any purpose other than the purposes contemplated by this Agreement, provided that reasonable notice and oppommity to cure shall first be afforded, or if RVCVB fails to perform any of the other obligations under this Agreement or as otherwise allowed by law. Upon termination of this Agreement, the number of City representatives on the Board of Directors of RVCVB shall 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. 17. 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. 18. Nonwaiver. RVCVB agrees that the City's waiver or failure to enforce or require performance of 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 all the terms and conditions of the Agreement and does not bar the City from asserting any and all fights and/or remedies it has or might have against RVCVB under this Agreement or by law. 19. Cooperation. Each party agrees to cooperate with the other in executing any documents necessary to carry out the intent and purpose of this Agreement. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties and H:~AGMTS\RVCVB 2002-2003,DOC -6- supersedes all prior agreements between the parties. No amendment to this Agreement will be valid unless made in writing and signed by the appropriate parties. IN WITNESS WHEREOF, the City and the RVCVB have caused this Agreement to be executed and sealed by their respective authorized representatives. ATTEST: CITY OF ROANOKE Mary F. Parker, City Clerk ATTEST: By. By: Darlene L. Burcham, City Manager ROANOKE VALLEY CONVENTION AND VISITORS BUREAU Printed Name and Title Approved as to form: Printed Name and Title Appropriation & Funds required for this Contract certified: Director of Finance Account No. Date: City Attorney Approved as to execution City Attorney -7- H:~,GMTS\RVCVB 2002-2003.DOC CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 File #24-144 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35936-061702 amending and reordaining §14.1-3, Littering, of Article I, In General, of Chapter 14.1, Solid Waste Manaqement, of the Code of the City of Roanoke (1979), as amended, by adding new subsections (f) and (g), and amending and reordaining §14.1-21, Certain solid waste not to be collected - Generally, of Article I, In General, of Chapter 14.1, Solid Waste Manaqement, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment H:~,Agenda.02'dune 17, 2002 correspondence.wpd Darlene L. Burcham June 21,2002 Page 2 pc: The The The The The Honorable The Honorable The Honorable The Honorable The Honorable District Court The Honorable District Court The Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Robert P'. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Julian H. Raney, Jr., Chief Judge, General District Court George W. Harris, Jr., Judge, General District Court Vinceht A. Lilley, Judge, General District Court William D. Broadhurst, Judge, General District Court Jacqueline F. Ward Talevi, Judge, General District Court John B. Ferguson, Chief Judge, Juvenile and Domestic Relations Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian Jesse A. Hall, Director of Finance Robert K. Bengtson, Director, Public Works Frank W. Decker, III, Solid Waste Management Operations Superintendent IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35936-061702. AN ORDINANCE amending and reordaining §14.1-3, Littering, of Article I, In General, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, by adding new subsections (f) and (g), and amending and reordaining § 14.1-21, Certain solid waste not to be collected - Generally, of Article I, In General, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 14.1-3, Littering, of Article I, In General, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by adding new subsections (f) and (g), to read and provide as follows: §14.1-3. Littering. (0 The above subsections notwithstanding, the City Manager may order, in writing, the owner or occupant of any property to remove solid waste found lying or located on the City fight-of-way placed there by such person in violation of any provision of this chapter. The order shall be personally served on such owner or occupant by the City Manager, who shall note the time, place and manner of such service on a duplicate copy of the notice to be retained by the City Manager. In lieu of such personal service, such notice may be sent by certified mail, return receipt requested, addressed to such owner or occupant at his or her last-known address as set forth in the City's real estate valuation H:\ORDINANCES\O-AM LITTERING. DOC records. The notice shall state the time within which the action or work ordered to be done must be completed, and such time shall not be less than twenty-four (24) hours before such responsible owner or occupant shall have received notice of the work ordered to be done. Any owner or occupant receiving such notice shall immediately proceed to remove such solid waste. (g) Upon the failure, neglect or refusal of the owner or occupant upon whom notice has been served pursuant to subsection 14.1-3(f) of the City Code to comply with such order, the City Manager may have the removal performed by City personnel. The cost for such removal shall be charged to the owner or occupant responsible for placing the solid waste within the right- of-way and shall be a charge which includes an administrative processing fee of $25.00 in addition to the actual cost and fees incurred in the removal and disposal of such solid waste. If such bill is not paid within thirty (30) days, legal action may be instituted for its collection. Prosecution for failure, neglect or refusal of such person to remove such solid waste shall not be barred by the City proceeding to have the work done in accordance with this section. 2. Section 14.1-21, Certain solid waste not to be collected- Generally, of Article I, In General, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: § 14.1-21. Certain solid waste not to be collected - Generally. (a) Manure, topsoil, earth, stone, rock, brick, concrete, asphalt, heavy metal, sheet rock, plate or large broken glass, poisons, caustics, acids, hazardous waste, trees, stumps, explosives, or other dangerous materials, or rubbish from construction, remodeling, razing and repair operations on houses, commercial buildings and other structures shall not be placed out for collection by an authorized person and shall not be removed by an authorized person, and in no circumstances shall hazardous waste be put out for collection by any person. (b) The above subsection notwithstanding, not more than two (2) automobile tires will be collected from any residence or commercial establishment per week. Such tires shall be taken off the rim, shall not be placed inside an automated collection container, and shall be placed at the curb in the same manner as collections pursuant to section 14.1-23 of the City Code. H:\ORDINANCES\O-AM LITTERING.DOC 3. Pursuant to §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:\ORDINANCES\O-AMLITTERING.DOC Office of the City Manager June 17,2002 Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor W. Alvin Hudson, Council Member William D. Bestpitch, Council Member William White, Sr., Council Member C. Nelson Harris, Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: SWM Bulk & Brush Ordinance Background: The May 9, 2002 budget-briefing session with City Council included a question from Councilman Hudson regarding responsibilitY of landlords for setouts of bulk items when tenants are evicted. Typically, evictions that are scheduled through the Sheriff's Department are coordinated with Solid Waste Management for collection of bulk item materials placed at the curb for collection. On a larger scale, there continues to be a problem of bulk item and brush setouts by homeowners and landlords that exceed the limits prescribed by our City code or which are not in conformance with the regularly scheduled collection day. This is an issue with which Solid Waste Management's Code Enforcement Officer must contend on a routine basis. Most residents are cooperative when advised of the need to remove items from the curb that are excessive in quantity or are placed too early for collection. However, some citizens are not cooperative when directed to comply. While those in violation can be charged with a criminal violation, this process can require more time than is desired to effect the removal of excessive bulk items and brush from public view. It is also important to note that citizens currently have the option to take twelve (12) loads of bulk and brush to the Transfer Station each year free of charge. Similarly, landlords have the option to take four (4) loads per rental property to the Transfer Station each year free of charge. Staff has evaluated ordinances of our benchmark localities from the Virginia First Cities Coalition to identify their methods of enforcement for similar situations. Based upon this research, a revised ordinance has been prepared which would require notification of the owner or occupant responsible for setting out the bulk items or brush to remove the bulk item or brush materials within 24 hours. Failure to do so would cause removal of the Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us Honorable Mayor and Members of City Council June 17, 2002 Page 2. materials by Solid Waste Management, and for which a fee would be assessed to the owner or occupant which would cover costs of collection and disposal of any solid waste which is set out in violation of the Solid Waste Ordinance. On a related matter, a code amendment is also needed to prohibit the placement of tires inside of automated collection containers (Big Blues) to reduce costs for disposal of tires. Recommended Action: Adopt the ordinance changes attached to this report. Sincerely, Darlene L. Burcham City Manager DLB/RKB/gpe Attachment C. Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Frank S. "Skip" Decker, Manager of Solid Waste Management CM02-00142 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21, 2002 File #24-184 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35937-061702 amending and reordaining subsection (c) of §2-37, Office hours, work weeks and holidays, Code of the City of Roanoke (1979), as amended; the amended subsection providing for a floating holiday, Friday, July 5, 2002, for the year 2002 only. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: The Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia H:~S, genda.02Uune 17, 2002 correspondence.wpd Darlene L. Burcham June 21,2002 Page 2 pc: The The The The The The The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Honorable Honorable Honorable Julian H. Raney, Jr., Chief Judge, General District Court George W. Harris, Jr., Judge, General District Court Vincent A. Lilley, Judge, General District Court William D. Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian Jesse A. Hall, Director of Finance Kenneth S. Cronin, Director, Human Resources IN THE COUNCI~ OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35937-061702. AN ORDINANCE amending and reordaining subsection (c) of §2-37, Office hours, work weeks and holidays. Code of the City of Roanoke (1979), as amended; the amended subsection providing for a floating holiday, Friday, July 5, 2002, for the year 2002 only; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subsection (c) of § 2-37, Office hours, work weeks and holiday8 r Code of the City of Roanoke (1950), as amended, is hereby amended and reordained to read and provide as follows: §2-37. Office hours, work weeks and holidays. (c) Except as provided in subsection (d) of this section and herein, each officer or employee of the city shall receive eighty-eight (88) hours of holiday time each year (the nine legal holidays of the city established by subsection (b) above, the second Monday in October (Columbus Day) and November 11 (Veterans Day) and, for the year 2002 only, the first Friday in July); offices of the city shall remain open during the three latter holidays which shall be observed as floating holidays by City employees. Except for employees of departments that work twenty-four (24) shifts, holiday time shall be taken on the nine (9) legal holidays of the city established by subsection (b) of this section and at such other times as shall be mutually agreed to by the officer or employee and his department head or equivalent orificial. Employees of departments that work .twenty-four (24) hour shifts shall take their holiday time at times mutually agreed to by them and their department head or equivalent official. On and after July 1, 1996, twenty-four (24) hours of holiday time may be carried over from one fiscal year to the next and accumulated and used at times mutually agreed to between any officer or employee carrying over holiday time and his department head or equivalent official. No officer or employee shall be paid for holiday time accumulated al[er November 1, 1995. H:\Measures\july 5th floating holiday.doc I 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after June 17, 2002. ATTEST: City Clerk. H:\Measures\july 5th floating holiday.doc 2 Office of the City Manager June 17,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Additional Floating Holiday Background: City Council would like to recognize employees for efforts and accomplishments during fiscal year 2002 related to Council's goals. To do so, a one time floating holiday is recommended that will be earned for Friday, July 5, 2002. Considerations: Offices will be open on Friday, July 5, 2002, and all non-temporary employees on the payroll as of this date will earn eight hours of holiday leave (12 hours for Fire-EMS 24- hour scheduled employees). The holiday may be taken on Friday, July 5, 2002, with appropriate supervisory approval or at a later date. Personnel Operating Procedures that limit the carry over of holiday time to 24 hours per year remain in effect concerning this additional holiday. Recommended Action: Approve the additional floating holiday in the manner described above. Respectfully submitted, City Manager DLB:bka C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance #CM02-00139 Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21, 2002 File #60-184 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 35938-061702 amending and reordaining certain sections of the 2001-02 General Fund Appropriations, providing for transfer of funds between certain accounts and the use of excess budgeted personnel lapse funds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Dadene L. Burcham, City Manager Barry L. Key, Director, Office of Management and Budget H:X, Agenda.02',Junc 17, 2002 correspondcncc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35938-061702. AN ORDINANCE to amend and reordain certain sections of the 2001 - 2002 General Fund Appropriations and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001 - 2002 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follow, in part: Appropriations General Fund (1-87) .................................................................................... $200,250,022 Revenuee General Fund (88-93) .................................................................................. $191,262,816 1 ) Regular 2) Regular 3) Regular 4) Regular 5) Regular 6) Regular 7) Regular 8) Regular 9) Regular 10) Regular 11 ) Regular 12) Regular 13) Regular 14) Regular 15) Regular 16) Regular 17) Regular Salanes Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salanes Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries (001- 110-1234- 1002) $ (9,892) (001- 120-2111 - 1002) (30,404) (001- 121-2130 - 1002) 454 (001- 122-2131 - 1002) 56 (001- 124-2120 - 1002) 121 (001- 125-2110 - 1002) (13,223) (001- 130-1233 - 1002) (32,558) (001- 140-2140 - 1002) (22,414) (001- 140-3310 - 1002) (36,202) (001- 150-2210 - 1002) (108,629) (001- 150-2211 - 1002) (10,306) (001- 200-1110 - 1002) 81 (001- 210-1220 - 1002) (3,155) (001- 220-1120 - 1002) (8,689) (001- 230-1235 - 1002) (31,026) (001- 230-1236 - 1002) (21,469) (001- 240-1240 - 1002) (36,453) 18) Regular 19) Regular 20) Regular 21 ) Regular 22) Regular 23) Regular 24) Regular 25) Regular 26) Regular 27) Regular 28) Regular 29) Regular 30) Regular 31 ) Regular 32) Regular 33) Regular 34) Regular 35) Regular 36) Regular 37) Regular 38) Regular 39) Regular 40) Regular 41 ) Regular 42) Regular 43) Regular 44) Regular 45) Regular 46) Regular 47) Regular 48) Regular 49) Regular 50) Regular 51 ) Regular 52) Regular 53) Regular 54) Regular 55) Regular 56) Regular 57) Regular 58) Regular 59) Regular Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries Salaries ( 001- ( 001- ( OOl- ( 001- ( OOl- ( 001- ( OOl- ( 001- ( OOl- ( OOl- ( 001- ( 001- ( OOl- ( OOl- ( 001- ( OOl- ( 001- ( 001- ( OOl- ( 001- ( OOl- ( 001- ( 001- ( 001- ( OOl- ( OOl- ( OOl- ( 001- ( 001- ( 001- ( OOl- ( 001- ( 001- ( OOl- ( 001- ( OOl- ( OOl- ( 001- ( 001- ( OOl- ( 001- ( 001- 250-1231 - 1002) 250-1232 - 1002) 260-1310 - 1002) 300-1210 - 1002) 300-1211 - 1002) 310-8120 - 1002) 340-1261 - 1002) 340-1263 - 1002) 410-1212 - 1002) 430-4130 - 1002) 430-4131 - 1002) 430-4170 - 1002) 440-1237 - 1002) 440-1260 - 1002) 440-1617 - 1002) 440-4220 - 1002) 440-4330 - 1002) 520-3211 - 1002) 520-3212 - 1002) 520-3213 - 1002) 520-3214 - 1002) 520-3521 - 1002) 530-1280 - 1002) 530-4110 - 1002) 530-4140 - 1002) 530-4160 - 1002) 530-4210 - 1002) 530-4310 - 1002) 560-3410 - 1002) 610-8110 - 1002) 615-8111 - 1002) 615-8112 - 1002) 615-8113 - 1002) 620-4340 - 1002) 620-7110 - 1002) 630-1270 - 1002) 630-5311 - 1002) 630-5313 - 1002) 630-5314 - 1002) 630-5316 - 1002) 630-5317 - 1002) 630-5318 - 1002) (14,338) 10,356 (20,151) 576 (1,518) 3,420 (46,908) (965) (10,453) (22,122) (17,575) 8,513 (4,149) (38,876) (5,539) (60,383) (190,524) 59,818 56,221 580,570 2,817 (288,814) (337) (94,582) (22,948) (134,007) 310,275 (35,452) 1,923 (147,046) 17,069 15 (49,337) (2Ol,525) 118,762 15,940 (2,664) 17,946 (9,634) (76,798) (1,250) 1,429 60) 61) 62) 63) 64) 65) 66) 67) 68) 69) 70) 71) 72) 73) 74) 75) 76) 77) 78) 79) 80) 81) 82) 83) 84) 85) 86) 87) 88) 89) 90) 91) 92) 93) Regular Salaries Regular Salaries Regular Salaries Regular Salaries Regular Salaries Regular Salaries Regular Salanes Regular Salaries Regular Salaries Regular Salaries Regular Salaries Regular Salaries Fees for Professional Services Fees for Professional Services Payroll Accrual Medical Insurance Dental Insurance Workers' Comp-Wages Workers' Comp-Medical Unemployment Wages Extended Illness Wages Termination Leave Wages Transfer to Capital Projects Personnel Lapse Training and Development Program Activities Fees for Professional Services( Fees for Professional Services( Commonwealth Attorney ( Sheriff ( Commissioner of the Revenue ( City Treasurer ( Social Services - Administration ( Social Services - Employment ( ( 001- ( 001- ( 001- ( OOl- ( OOl- ( OOl- ( OOl- ( OOl- ( OOl- ( OOl- ( OOl- ( 001- ( OOl- ( 001- ( OOl- ( OOl- ( OOl- ( 001- ( 001- ( 001- ( OOl- ( OOl- ( OOl- ( 001- ( OOl- ( OOl- 001- 001- 001- 001- 001- 001- 001- 001- BE IT FURTHER ORDAINED that, an be in effect from its passage. ATTEST: 631-3330 - 1002) 631-3350 - 1002) 631-3360 - 1002) 640-3111 - 1002) 640-3112 - 1002) 640-3113 - 1002) 640-3114 - 1002) 640-3115 - 1002) 640-3530 - 1002) 650-2150 - 1002) 650-7310 - 1002) 660-1214 - 1002) 121-2130- 2010) 220- 1120- 2010) 250- 9110- 1099) 250- 9110- 1125) 250- 9110- 1126) 250- 9110- 1135) 250- 9110- 1140) 250- 9110- 1145) 250- 9110- 1149) 250- 9110- 1150) 250- 9310- 9508) 300- 9410- 1090) 340- 1261- 2044) 340- 1261- 2066) 530-4210- 2010) 610- 8110- 2010) 110- 1234- 0610) 110- 1234- 0611) 110- 1234- 0612) 110- 1234- 0613) 110- 1234- 0676) 110- 1234- 0681) emergency existing, City Clerk $ 3,846 (8,821) (6,581) 33,151 108,799 (350,071) (30,571) 17,888 (62,120) (11,463) (38,326) (30,794) 43,5OO 10,250 (150,000) (224,374) (6,836) (4oo,ooo) (4oo,ooo) (35,ooo) (2o,ooo) (91,275) 422,510 1,422,758 5,400 5,000 223,000 16,278 (59,070) (104,260) (9,566) 1,331 (5,658) (32,582) this Ordinance shall Office of the City Manager June 17,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Personal Services Lapse Report Background: The fiscal year 2001-2002 General Fund Budget includes funds in the nondepartmental expenditure category for several personnel related accounts. These accounts are budgeted at estimated amounts in the nondepartmental cost center because annual charges of each department are difficult to accurately predict. Actual costs are charged to departments in anticipation of year-end budget transfers to cover the costs. Considerations: Salary lapse is one of the items included in the nondepartmental category. It is the difference in budgeted City employee salaries and actual salaries. It is created through normal employee attrition and the managed hiring and re-engineering efforts undertaken during the year by City staff. At year-end, salary lapse created in departments is credited against the budgeted total salary lapse figure, and any excess salary lapse generated is spread throughout the various departments to cover additional personnel and operational needs. The largest operational allocation is recommending an additional $223,000 of salary lapse to fund the remaining portion of the Solid Waste Management funding shortfall brought to Council's attention on April 1,2002. Workers' Compensation is also initially budgeted in the nondepartmental category. Funding has been budgeted as a lump sum in the non-departmental category in the General Fund to cover workers' compensation wages and medical expenses. Like other personnel related budgets, the workers' compensation budgets are established non-departmentally due to the difficulty of predicting which departments will incur these expenses and to what extent. The attached budget ordinance allocates the amount in the nondepartmental cost center to departments that have incurred actual costs. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci .roanoke.va .us Honorable Mayor and Member of Council June 17, 2002 Page 2 The fiscal year 2001-2002 General Fund Budget also included funds in the non- departmental category to cover annual expenditures for unemployment wages, extended illness leave payments, and termination leave wages, as well as anticipated increases in health and dental insurance. These budgets should be allocated to appropriate departmental accounts in the same manner as salary lapse and workers' compensation. The attached budget ordinance accomplishes the above referenced transfers by adjusting each department's regular salaries line rather than adjusting all the individual line items. An adjustment is also needed to decrease the revenue estimate for the change in salary estimates for employee salaries reimbursed by the StateCompensation Board. After all required allocations are made to personal services and revenues, a balance of $422,510 is available for appropriation to the Transfers to Capital Projects Fund for miscellaneous construction projects. A summary of the transfers in the attached budget ordinance is as follows: 2002 Adjustment Revised Account Budget Needed Budget Payroll Accrual $150,000 ($150,000) $0 Medical Insurance 3,930,616 12,949 3,943,565 Dental Insurance 293,802 (2,635) 291,167 Workers' Compensation-Wages 400,000 (109,708) 290,292 Workers' Compensation-Medical 400,000 485,629 885,629 Unemployment Wages 35,000 (17,568) 17,432 Extended Illness Wages 20,000 13,625 33,625 Termination Leave Wages 91,275 120,808 212,083 FICA 4,840,142 (345,697) 4,494,445 City Retirement 3,299,177 (352,253) 2,946,924 Life Insurance 471,270 (128,662) 342,608 Salary Lapse (1,422,758) 1,422,758 0 Salaries and Wages 61,930,609 (1,895,867) 60,034,742 Miscellaneous Other Personnel 3,179,684 10,878 3,190,562 Additional Operations 2,613,832 303,428 2,917,260 Transfers to Capital 6,016,826 422,510 6,439,336 Totals Expenditure Adjustments $86,249,475 ($209,805) $86,039,670 Total Revenue Adjustments $15,039,129 ($209,805) $14,829,324 Honorable Mayor and Member of Council June 17, 2002 Page 3 Recommended Actions: City Council authorize the transfer of funding between accounts and the use of excess budgeted personal services as detailed in Attachment A. Respectfully submitted, Jesse A. Hall Director of Finance DLB/JAH:afs Attachment c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney CM02-00138 DEPARTMENT NAME CITY TREASURER CLERK OF CIRCUIT COURT JUV & DOM REL COURT SERVICES JUV & DOM REL COURT CLERK GENERAL DISTRICT COURT CIRCUIT COURT JUDGES COMMISSIONER REVENUE SHERIFF JAIL COMMONWEALTH'S ATTORNEY COST COLLECTIONS UNIT CITY COUNCIL CITY ATTORNEY CITY CLERK REAL ESTATE VALUATION BOARD OF EQUALIZATION MUNICIPAL AUDITING DIRECTOR OF FINANCE BILLINGS & COLLECTIONS REGISTRAR PERSONAL SERVICES REPORT SALARIES & FY 2002 FRINGE ESTIMATED PAYROLL URRENT BUDGET EXPENSE ACCRUAL $597,323 999,583 19,779 2,446 5,291 388,087 672,522 1,800,182 7,855,O59 1,063,139 49,536 135,045 598,753 363,620 794,722 21,469 399,607 1,163,182 788,675 225,668 $585,661 965,862 20,062 2,481 5,366 374,368 639,054 1,775,418 7,803,572 953,328 39,178 134,944 594,8O9 354,460 762,688 0 362,673 1,147,639 795,996 205,320 $77O 1,317 171 21 46 496 910 2,35O 10,285 1,182 52 182 789 471 1,008 0 481 1,205 1,035 197 LAPSE COMMITMENTS FOR PERSONNEL LAPSE COMMITMENTS OR OPERATIONS $1,000 2,000 0 0 0 0 0 0 5,000 0 0 0 0 0 0 0 0 0 2,000 0 $0 0 43,5OO 0 0 0 0 0 0 0 0 0 0 10,250 0 0 0 0 0 0 ATTACHMENT A REQUIRED BUDGET ADJUSTMENT ($9,892) (30,404) 43,954 56 121 (13,223) (32,558) (22,414) (36,202) (108,629) (10,306) 81 (3,155) 1,561 (31,026) (21,469) (36,453) (14,338) 10,356 (20,151) OFFICE OF COMMUNICATIONS CITY MANAGER ECONOMIC DEVELOPMENT HUMAN RESOURCES OCCUPATIONAL HEALTH CLINIC OMB COMMUNICATIONS - E911 ;OMMUNICATIONS WIRELESS - E911 ;OMMUNICATIONS - RADIO SHOP PURCHASING DEPARTMENT DIRECTOR OF GENERAL SERVICES MANAGEMENT SERVICES CUSTODIAL SERVICES FACALITIES MANAGEMENT FIRE - ADMINISTRATION FIRE - SERVICES FIRE - OPERATIONS FIRE - AIRPORT RESCUE -'MERGENCY MEDICAL SERVICES :)IRECTOR OF PUBLIC WORKS ~TREETS & TRAFFIC SNOW REMOVAL TRAFFIC ENGINEERING SOLID WASTE MGMNT/REFUSE ENGINEERING BUILDING SERVICES 127,420 624,392 443,217 701,391 181,713 672,934 1,579,163 101,846 315,869 147,246 96,618 35,590 760,857 1,434,244 574,434 488,876 10,511,264 724,214 1,698,926 195,237 2,495,498 75,355 1,009,375 2,396,619 1,143,810 576,824 125,815 617,095 446,032 653,634 180,533 661,574 1,550,024 84,133 323,971 142,903 57,742 30,011 699,537 1,238,163 585,314 544,363 11,032,035 726,065 1,408,224 194,612 2,380,537 52,407 874,250 2,603,694 1,095,364 577,967 181 779 6O5 849 215 9O7 2,017 138 411 194 0 4O 937 1,557 938 734 14,799 966 1,888 288 3,368 0 1,118 3,200 1,494 78O 2,000 5,000 0 0 0 0 5,000 0 0 0 0 0 0 4,000 48,000 0 45,000 0 0 0 17,011 0 0 100,000 11,500 0 0 0 0 10,400 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 223,000 0 0 576 (1,518) 3,420 (36,508) (965) (10,453) (22,122) (17,575) 8,513 (4,149) (38,876) (5,539) (60,383) (190,524) 59,818 56,221 580,570 2,817 (288,814) (337) (94,582) (22,948) (134,007) 533.275 (35,452) 1,923 PLANNING AND CODE ENFORCEMENT NEIGHBORHOOD PARTNERSHIP CITIZENS SERVICES CENTER HOUSING AND NEIGHBORHOOD SVCS PARKS AND GROUNDS MAINTENANCE RECREATION HUMAN SERVICES SUPPORT SOCIAL SVCS - ADMIN SOCIAL SVCS - INCOME MNT SOCIAL' SVCS - SERVICES SOCIAL SVCS - EMPLOYMENT SVCS FOSTER PARENT TRAINING VlSSTA OUTREACH DETENTION YOUTH HAVEN I CRISIS INTERVENTION POLICE - ADMINISTRATION POLICE - INVESTIGATION POLICE - PATROL POLICE - SERVICES fPOLICE - TRAINING ANIMAL CONTROL LAW LIBRARY LIBRARY tENVIRONMENTAL AND EMERGENCY MGM [SUBTOTALS - GENERAL FUND 878,510 730,552 912 0 16,278 (130,768) 131,314 116,225 158 32,000 0 17,069 78,709 78,626 98 0 0 15 583,353 527,147 869 6,000 0 (49,337) 2,257,796 2,030,453 2,284 23,534 0 (201,525) 1,582,342 1,612,425 1,929 86,750 0 118,762 70,463 86,281 122 0 0 15,940 778,190 774,510 1,016 0 0 (2,664) 3,081,999 3,085,911 4,034 10,000 0 17,946 3,086,511 3,072,788 4,089 0 0 (9,634) 760,445 682,769 878 0 0 (76,798) 92,809 91,437 122 0 0 (1,250) 132,010 133,255 184 0 0 1,429 188,703 186,792 199 5,558 0 3,846 482,297 467,582 609 5,285 0 (8,821) 411,624 396,555 480 8,008 0 (6,581) 322,611 355,263 499 0 0 33,151 2,190,937 2,296,668 3,068 0 0 108,799 8,956,345 8,575,060 11,214 20,000 0 (350,071) 2,050,175 2,016,864 2,740 0 0 (30,571) 366,320 363,762 446 20,000 0 17,888 292,874 230,459 295 0 0 (62,120) 29,000 17,498 39 0 0 (11,463) 1,680,291 1,639,740 2,225 0 0 (38,326) 149,388 118,474 120 0 0 (30,794) $77,691,636 $76,095,974 $100,000 $464,646 $303,428 ($727,588) PERSONNEL LAPSE PAYROLL ACCRUAL MEDICAL INSURANCE DENTAL INSURANCE W/C WAGES W/C MEDICAL UNEMPLOYMENT WAGES EXTENDED ILLNESS LV PAYMENT TERMINATION LEAVE WAGES TRANSFER TO CAPITAL PROJECT SUBTOTALS - OTHER ADJUSTMENTS CITY TREASURER COMMISSIONER REVENUE SHERIFF JAIL COMMONWEALTH'S ATTORNEY SOCIAL SERVICES-ADMINISTRATION SOCIAL SERVICES-INCOME SOCIAL SERVICES-SERVICES SOCIAL SERVICES-EMPLOYMENT SUBTOTALS - REVENUE ADJUSTMENTS TOTALS - GENERAL FUND ($1,422,758) $1,422,758 150,000 (150,000) 224,374 (224,374) 6,836 (6,836) 400,000 (40O,O0O) 4OO,OOO (400,000) 35,OOO (35,OOO) 20,000 (2O,OOO) 91,275 (91,275) n/a 422,510 ($95,273) $0 $0 $0 $0 $517,783 n/a $1,331 n/a (9,566) n/a (11,745) n/a (92,515) n/a (59,070) n/a (653) n/a (447) n/a (4,558) n/a (32,582) $0 $0 $0 $0 $0 ($209,805) $77,596,363 $76,095,974 $100,000 $464,646 $303,428 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21, 2002 File #60-335 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance. No. 35939-061702 amending and reordaining certain sections of the 2001-02 General, Risk Management and Materials Control Funds Appropriations, providing for transfer of funds to certain Internal Service Fund budgets. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Barry L. Key, Director, Office of Management and Budget H:~Agenda.02Uune 17, 2002 correspondencc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35939-061702. AN ORDINANCE to amend and reordain certain sections of the 2001 - 2002 General, Risk Management and Materials Control Funds Appropriations and providing for an emergency. VVHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001 - 2002 General, Risk Management and Materials Control Funds Appropriations, be, and the same are hereby, amended and reordained to read as follow, in part: General Fund Apl3roDriations General Fund (1-186) ............................................................................. $200,459,827 Risk Management AI313ro~3riations Operating $11,499,159 Administration (187-188) ..................................................................... 843,330 Non-Administration (189-190) .............................................................. 10,655,829 Revenues Operating $10,824,159 Billings to Other Funds (191-193) ........................................................ 10,209,159 Materials Control Fund Appropriations Operating (194-196) ............................................................................... Revenues Operating Billings to Other Funds (197-199) ........................................................ 1) Materials Control (001- 110-1234 -7010 ) $ 2) Risk Management - Overhead ( 001- 110- 1234 - 7017 ) 3) Materials Control ( 001- 120- 2111 - 7010 ) 4) Risk Management- Overhead (001- 120-2111 -7017 ) 5) Materials Control ( 001- 121 - 2130 - 7010 ) 6) Materials Control ( 001- 124- 2120 - 7010 ) 7) Risk Management- Overhead ( 001- 125- 2110 - 7017 ) 8) Materials Control ( 001- 130- 1233 - 7010 ) 9) Risk Management- Overhead ( 001- 130- 1233 - 7017 ) 10) Materials Control ( 001- 140- 2140 - 7010 ) 11 ) Materials Control ( 001- 140- 3310 - 7010 ) 12) Risk Management - Overhead ( 001- 140- 2140 - 7017 ) 13) Fleet Management ( 001- 140- 2140 - 7025 ) 14) Risk Management- Overhead ( 001- 140- 3310 - 7017 ) 15) Fleet Management ( 001- 140- 3310 - 7025 ) 16 ) Materials Control ( 001- 150 - 2211 - 7010 ) 17) Risk Management- Overhead ( 001- 150- 2210 - 7017 ) 18) Risk Management - Overhead ( 001- 200- 1110 - 7017 ) 19) Materials Control ( 001- 210- 1220 - 7010 ) 20) Risk Management - Overhead ( 001- 210- 1220 - 7017 ) 21 ) Materials Control ( 001- 220- 1120 - 7010 ) 22) Risk Management- Overhead ( 001- 220- 1120 - 7017 ) 23) Materials Control ( 001- 230- 1235 - 7010 ) 24) Risk Management- Overhead ( 001- 230- 1235 - 7017 ) 25) Risk Management - Overhead ( 001- 240- 1240 - 7017 ) 26) Materials Control ( 001- 250- 1231 - 7010 ) 27) Materials Control ( 001- 250- 1232 - 7010 ) 28) Risk Management- Overhead ( 001- 250- 1231 - 7017 ) 29) Risk Management- Overhead ( 001- 250- 1232 - 7017 ) 30) Fleet Management ( 001- 250- 1232 - 7025 ) 31 ) Fleet Management-Rental ( 001- 250- 1232 - 7027 ) $1,207,052 $1,207,052 1,207,052 55 57 288 89 50 (82) 184 56 61 609 (951) (7,817) (19,084) 11,551 1,536 47 61 27 55 31 56 23 36 53 27 (328) 4O 102 8O (3,667) (682) 32) 33) 34) 35) 36) 37) 38) 39) 4O) 41) 42) 43) 44) 45) 46) 47) 48) 49) 5O) 51) 52) 53) 54) 55) 56) 57) 58) 59) 6O) 61) 62) 63) 64) 65) 66) 67) 68) 69) 7o) 71 ) Risk Management- Overhead ( 001- 300- 1210 - 7017 Materials Control ( 001- 300- 1211 - 7010 Risk Management- Overhead ( 001- 300- 1211 - 7017 Fleet Management ( 001- 300- 1211 - 7025 Fleet Management-Rental ( 001- 300- 1211 - 7027 Materials Control ( 001- 310- 8120 - 7010 Risk Management - Claims ( 001- 310- 8120 - 7018 Risk Management- Overhead ( 001- 310- 8120 - 7017 Fleet Management ( 001- 310- 8120 - 7025 ) Fleet Management-Rental ( 001- 310- 8120 - 7027 ) Materials Control ( 001- 340- 1261 - 7010 ) Risk Management - Claims ( 001- 340- 1261 - 7018 ) Materials Control ( 001- 340- 1263 - 7010 ) Risk Management- Overhead ( 001- 340- 1261 - 7017 ) Risk Management- Overhead ( 001- 340- 1263 - 7017 ) Materials Control ( 001- 410- 1212 - 7010 ) Materials Control ( 001- 430-4130 - 7010 ) Risk Management - Overhead ( 001- 430- 4130 - 7017 ) Materials Control ( 001- 430- 4170 - 7010 ) Fleet Management ( 001- 430- 4170 - 7025 ) Fleet Management-Rental ( 001- 430- 4170 - 7027 ) Materials Control ( 001- 440- 1237 - 7010 ) Materials Control ( 001- 440- 1617 - 7010 ) Risk Management - Claims ( 001- 440- 1617 - 7018 ) Materials Control ( 001- 440- 4220 - 7010 ) Materials Control ( 001- 440- 4330 - 7010 ) Risk Management - Overhead ( 001- 440- 1617 - 7017 ) Fleet Management ( 001- 440- 1617 - 7025 ) Fleet Management-Rental ( 001- 440- 1617 - 7027 ) Risk Management- Overhead ( 001- 440- 4220 - 7017 ) Fleet Management ( 001- 440- 4220 - 7025 ) Fleet Management-Rental ( 001- 440- 4220 - 7027 ) Risk Management - Overhead ( 001- 440- 4330 - 7017 ) Fleet Management ( 001- 440- 4330 - 7025 ) Fleet Management-Rental ( 001- 440- 4330 - 7027 ) Materials Control ( 001- 520- 3211 - 7010 ) Materials Control ( 001- 520- 3212 - 7010 ) Materials Control, ( 001- 520- 3213 - 7010 ) Materials Control ( 001- 520- 3521 - 7010 ) Risk Management - Overhead ( 001- 520- 3211 - 7017 ) )$ ) ) ) ) ) ) ) 13,244 108 31 (265) (620) 59 186 23 (790) (1,765) (201) (279) 37 4OO 11,008 43 (132) (12,438) 55 (3,201) 2O6 27 (112) (298) 755 85 (46) (1,189) 618 130 (1,091) 2,333 311 (14,407) 9,975 183 161 1,700 314 1,247 72) 73) 74) 75) 76) 77) 78) 79) 80) 81) 82) 83) 84) 85) 86) 87) 88) 89) 90) 91) 92) 93) 94) 95) 96) 97) 98) 99) lOO) lOl) 102) 103) 104) 105) 106) 107) lO8) 109) 110) 111) Fleet Management ( 001- 520- 3211 - 7025 Fleet Management-Rental ( 001- 520- 3211 - 7027 Risk Management- Overhead ( 001- 520- 3212 - 7017 Fleet Management ( 001- 520- 3212 - 7025 Fleet Management-Rental ( 001- 520- 3212 - 7027 Risk Management- Overhead ( 001- 520- 3213 - 7017 Fleet Management ( 001- 520- 3213 - 7025 Fleet Management-Rental ( 001- 520- 3213 - 7027 Risk Management- Overhead ( 001- 520- 3521 - 7017 Fleet Management ( 001- 520- 3521 - 7025 ) Fleet Management-Rental ( 001- 520- 3521 - 7027 ) Materials Control ( 001- 530- 1280 - 7010 ) Materials Control ( 001- 530- 4110 - 7010 ) Risk Management - Claims ( 001- 530- 4110 - 7018 ) Materials Control ( 001- 530- 4140 - 7010 ) Materials Control ( 001- 530- 4160 - 7010 ) Materials Control ( 001- 530- 4210 - 7010 ) Risk Management - Claims ( 001- 530- 4210 - 7018 ) Materials Control ( 001- 530- 4310 - 7010 ) Fleet Management ( 001- 530- 1280 - 7025 ) Fleet Management-Rental ( 001- 530- 1280 - 7027 ) Risk Management- Overhead ( 001- 530- 4110 - 7017 ) Fleet Management ( 001- 530- 4110 - 7025 ) Fleet Management-Rental ( 001- 530- 4110 - 7027 ) Fleet Management ( 001- 530- 4140 - 7025 ) Risk Management - Overhead ( 001- 530- 4160 - 7017 ) Fleet Management ( 001- 530- 4160 - 7025 ) Fleet Management-Rental ( 001- 530- 4160 - 7027 ) Risk Management- Overhead ( 001- 530- 4210 - 7017 ) Fleet Management ( 001- 530- 4210 - 7025 ) Fleet Management-Rental ( 001- 530- 4210 - 7027 ) Risk Management- Overhead ( 001- 530- 4310 - 7017 ) Fleet Management ( 001- 530- 4310 - 7025 ) Fleet Management-Rental ( 001- 530- 4310 - 7027 ) Materials Control ( 001- 610- 3410 - 7010 ) Materials Control ( 001- 610- 8110 - 7010 ) Risk Management- Claims (001- 610-8110 -7018 ) Risk Management - Overhead ( 001- 610- 3410 - 7017 ) Fleet Management ( 001- 610- 3410 - 7025 ) Fleet Management-Rental ( 001- 610- 3410 - 7027 ) )$ ) ) ) ) ) ) ) ) (551) 1,874 46 (8,950) 6,391 885 806 114,875 118 (280) 1,729 56 3,661 (943) 150 1,481 4,906 (5,229) (56) (92) 985 116,249 26,992 95,889 (500) 1,398 (18,384) 14,826 365 (85,067) 79,624 92 35 (3,465) (130) (46) (158) 69 (4,986) (1,140) 112) 113) 114) 115) 116) 117) 118) 119) 120) 121) 122) 123) 124) 125) 126) 127) 128) 129) 130) 131) 132) 133) 134) 135) 136) 137) 138) 139) 140) 141) 142) 143) 144) 145) 146) 147) 148) 149) 15o) 151) Risk Management- Overhead ( 001- 610- 8110 Fleet Management ( 001- 610- 8110 Fleet Management-Rental ( 001- 610- 8110 Materials Control ( 001- 615- 8111 Materials Control ( 001- 615- 8112 Materials Control ( 001- 615- 8113 Risk Management - Claims ( 001- 615- 8113 Fleet Management ( 001- 615- 8113 Fleet Management-Rental ( 001- 615- 8113 Materials Control ( 001- 620- 4340 Risk Management - Claims ( 001- 620- 4340 Materials Control ( 001- 620- 7110 Risk Management - Overhead ( 001- 620- 4340 Fleet Management ( 001- 620- 4340 Fleet Management-Rental ( 001- 620- 4340 Risk Management - Overhead ( 001- 620- 7110 Fleet Management ( 001- 620- 7110 Fleet Management-Rental ( 001- 620- 7110 Risk Management - Claims ( 001- 630- 5110 Materials Control ( 001- 630- 5311 Materials Control ( 001- 630- 5314 Materials Control ( 001- 630- 5316 Materials Control ( 001- 630- 5318 Materials Control ( 001- 630- 8170 Risk Management - Overhead ( 001- 630- 5110 Risk Management- Overhead ( 001- 630- 5311 Risk Management- Overhead ( 001- 630- 5313 Risk Management- Overhead ( 001- 630- 5314 Fleet Management ( 001- 630- 5314 Fleet Management-Rental ( 001- 630- 5314 Risk Management- Overhead ( 001- 630- 5316 Fleet Management ( 001- 630- 5318 Risk Management - Claims ( 001- 631 - 3350 Materials Control ( 001- 631 - 3360 Risk Management - Overhead ( 001- 631 - 3350 Fleet Management ( 001- 631 - 3350 Fleet Management-Rental ( 001- 631 - 3350 Risk Management - Overhead ( 001- 631 - 3360 Fleet Management ( 001- 631 - 3360 Fleet Management-Rental ( 001- 631 - 3360 -7017 ) -7025) -7027) -7010) -7010 ) -7010) -7018 ) -7025) -7027 ) -7010 ) -7018 ) -7010 ) -7017) -7025 ) -7027 ) -7017 ) -7025 ) -7027 ) -7018 ) -7010 ) - 7010 ) -7010 ) - 7010 ) -7010 ) -7017) -7017 ) -7017 ) -7017 ) -7025) -7027 ) -7017 ) -7025) -7018) -7010 ) -7017 ) -7O25) -7027 ) -7017 ) -7025 ) -7027 ) 69 548 (11,065) 3O 23 259 (1,100) 257 6,127 (460) 946 (307) 4,745 (154,594) (35,150) 252 (6,967) 3,119 (1,599) (231) 33 (111) 23 21 (418) 638 329 3,779 (4,269) 8,914 76 363 9O 56 34 1,526 (59) (1,417) (2,388) 152) 153) 154) 155) 156) 157) 158) 159) 16o) 161) 162) 163) 164) 165) 166) 167) 168) 169) 170) 171) 172) 173) 174) 175) 176) 177) 178) 179) 180) 181) 182) 183) 184) 185) 186) 187) 188) 189) 190) 191) Materials Control ( 001- 640- 3111 Materials Control ( 001- 640- 3112 Materials Control ( 001- 640- 3113 Risk Management - Claims ( 001- 640- 3113 Materials Control ( 001- 640- 3114 Materials Control ( 001- 640- 3115 Materials Control ( 001- 640- 3530 Risk Management - Claims ( 001- 640- 3530 Risk Management - Overhead ( 001- 640- 3111 Fleet Management ( 001- 640- 3111 Fleet Management-Rental ( 001- 640- 3111 Risk Management - Overhead ( 001- 640- 3112 Fleet Management ( 001- 640- 3112 Fleet Management-Rental ( 001- 640- 3112 Risk Management - Overhead ( 001- 640- 3113 Fleet Management ( 001- 640- 3113 Fleet Management-Rental ( 001- 640- 3113 Risk Management - Overhead ( 001- 640- 3114 Fleet Management ( 001- 640- 3114 Fleet Management-Rental ( 001- 640- 3114 Risk Management - Overhead ( 001- 640- 3115 Fleet Management ( 001- 640- 3115 Fleet Management-Rental ( 001- 640- 3115 Risk Management- Overhead ( 001- 640- 3530 Fleet Management ( 001- 640- 3530 Fleet Management-Rental ( 001- 640- 3530 Materials Control ( 001- 650- 7310 Risk Management- Overhead ( 001- 650- 7310 Fleet Management ( 001- 650- 7310 Fleet Management-Rental ( 001- 650- 7310 Materials Control ( 001- 660- 1214 Risk Management - Claims ( 001- 660- 1214 Fleet Management ( 001- 660- 1214 Fleet Management-Rental ( 001- 660- 1214 Contingency ( 001- 300- 9410 Insurance ( 019- 340- 1262 Settlements and Judgments ( 019- 340- 1262 Workers' Comp Medical ( 019- 340- 1265 Miscellaneous Claims ( 019- 340- 1265 Billings to the General Fund ( 019- 110- 1234 - 7OlO ) - 7010 ) - 7010 ) - 7018 ) - 7010 ) - 7010 ) -7010 ) - 7018 ) - 7017 ) - 7025 ) - 7027 ) - 7017 ) - 7025 ) - 7027 ) - 7017 ) - 7O25 ) - 7027 ) - 7017 ) - 7025 ) - 7O27 ) - 7017 ) - 7025 ) - 7027 ) - 7017 ) - 7025 ) - 7027 ) - 7010 ) - 7017 ) - 7025 ) - 7027 ) -7010 ) - 7018 ) - 7O25 ) - 7027 ) - 2199 ) - 3020 ) - 2179 ) - 2181 ) -2173 ) - 0952 ) 114 342 4,497 8,842 (674) 169 136 (77) 61 (2,194) 1,541 187 (13,710) 5,278 1,575 (84,690) 113,463 169 466 (762) 23 570 (1,057) 31 (15,976) 2,969 210 910 (1,228) 75O 42 (381) (477) (2,235) (165,910) 35,000 101,000 228,000 72,000 148,704 192) Billings to the Water Fund (019- 110-1234 -0953 ) $ 59,296 193) Workers' Comp Medical ( 019- 110- 1234 - 1171 ) 228,000 194) Inventory Purchases Offset ( 014- 440- 1613 - 3014 ) 1,229,000 195) Motor Fuel/Lube Purchases ( 014- 440- 1613 - 3013 ) 375,000 196) Cost of Goods Sold ( 014- 440- 1613 - 3017 ) (490,000) 197) Billing for Inventory Items ( 014- 110- 1234 - 1278 ) 327,172 198) Billing for Motor Fuel & Lubricants ( 014- 110- 1234 - 1279 ) 763,499 199) Billings to the General Fund ( 014- 110- 1234 - 0952 ) 23,329 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk June 17,2002 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W. Room 461 P.O. Box 1220 Roanoke, VA 24006-1220 Telephone: (540) 853-2824 Fax: (540) 853-2940 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Subject: Internal Service Funds Budget Adjustments Dear Mayor Smith and Members of City Council: Backc~round The City of Roanoke's Internal Service Funds account for certain services provided to departments of the other funds of the City. The Internal Service Funds recover their costs by charging the receiving departments for services provided. Budgeted funds for internal services are allocated in the General Fund in each fiscal year's budget throughout various departments based on estimated usage. Usage usually varies from the original estimates. Each fiscal year, at this time, it is necessary to make transfers between General Fund departments to provide sufficient funds for internal services for the fiscal year. This ordinance makes such transfers. Additionally, budget amounts in the Internal Service Funds are established based on expected transactions for the year. Based on some higher than anticipated expenses in the area of Risk Management, certain additional expenses have been incurred, and budget adjustments will be needed for such items. Considerations The City accounts for self-insured liabilities in its Risk Management Internal Service Fund. This fund has incurred costs in excess of budget during FY2002, and has billed user funds and departments at amounts exceeding original revenue estimates to recover those costs. Honorable Mayor and Members Of City Council June 17, 2002 Page 2 To properly balance the budget to actual accounting for the year, several budgetary adjustments are recommended. The adjustments to the Risk Management Fund expenditure accounts are listed below. Corresponding revenue adjustments will also be made. Expenditure Accounts · An increase of $72,000 is needed in Miscellaneous Claims due to the high level of claims paid for water and sewer line breaks. · An increase in Settlements and Judgments of $101,000 is needed due to the settlement of a large claim. Workers' compensation medical expenses need an increase of $228,000 due to a higher than typical level of medical claims paid. This is due to several fairly severe medical conditions that have resulted in costly medical expenses. · An increase $35,000 is needed to cover the rising costs of insurance policies. The cost of policies has increased as a result of the events of September 11, 2001. The City accounts for its materials warehouse activity in the Materials Control fund. Increases of an equal amount in the Materials Control Fund's revenue and expense estimates are needed for fiscal year 2002 due to a change in accounting method, which grosses rather than nets sales transactions. This change in accounting method was made to more clearly track the revenues and expenses resulting from warehouse transactions. A summary of the total General Fund transfers in the attached budget ordinance is as follows: Materials Control Risk Management Claims Risk Management Overhead Fleet Management Fleet Rental Total Budget Amount Net Revised Before Transfers Budget Transfers In/Out Amount $ 50,200 $ 17,207 $ 67,407 194,976 0 194,976 544,592 148,704 693,296 1,899,441 (415,897) 1,483,544 1,260,040 415,897 1,675,937 94~3~8&,9~ $165,911 ~ Honorable Mayor and Members Of City Council June 17, 2002 Page 3 The additional amount of $165,911 required to fully fund the internal service fund charges will be transferred to various department's internal service accounts from the City Manager's contingency account. Recommended Action The attached budget ordinance will accomplish the required transfers. We recommend it for your approval. Respectfully Submitted, Darlene L. Burcham City Manager Jesse A. Hall Director of Finance DLB:JAH:afs Attachment c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 File #60-217 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 35940-061702 amending and reordaining certain sections of the 2001-02 Civic Center, Capital Projects and Department of Technology Funds Appropriations, with regard to Capital Projects Fund close out for fiscal year 2001-02. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Dadene L. Burcham, City Manager Philip C. Schirmer, City Engineer Barry L. Key, Director, Office of Management and Budget H:'v~genda.02Llune 17, 2002 correspondencc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35940-061702. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Civic Center, Capital Projects and Department of Technology Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Civic Center, Capital Projects and Department of Technology Funds Appropriations, be, and the same are hereby, amended and reordained to read a's follows, in part: Civic Center Fund Appropriations Capital Outlay Civic Center Auditorium/Coliseum Repair (1) ............................................ Civic Center Expansion/Renovation (2) ..................................................... $ 4,477,500 87,138 3,312,862 Capital Projects Fund Appropriations Flood Reduction Surveying Roanoke River Flood Reduction (3) ......................................... Roanoke River Flood Reduction - Land Acquisition (4) .............................. Local Cash Share Roanoke River (5) ......................................................... Roanoke River Utility Relocation (6) .......................................................... Roanoke River Flood Reduction Projects (7) ............................................. $14,332,065 411,133 959,207 504,O04 111,203 6,659,856 Economic Development RCIT Infrastructure Design Eng (8) ........................................................... RCIT Infrastructure Extension (9) .............................................................. Warehouse Row Buildings Project (10) ..................................................... Community Development Tinker Creek Greenway (11) ..................................................................... Smith Park Planting Roparian (12) ............................................................ Public Safety Jail Elevator Renovation (13) .................................................................... General Government Commonwealth Building - Replace Windows (14) ..................................... Civic Center Reroofing (15) ....................................................................... Williamson Road Garage Renovations (16) .............................................. Municipal South Renovations (17) ............................................................. PWSC New Roof Level 4 (18) ................................................................... PWSC Upgrade Phase I (19) ..................................................................... Parks, Recreation and Cultural Eureka Rec Center Roof Repair (20) ......................................................... Main Library Rook and Asbestos Abatement (21) ..................................... Main Library Improvements (22) ................................................................ Railside Linear Walk- Phase I (23-24) ...................................................... Franklin Square Park (25) ......................................................................... Roanoke River Greenway (26) .................................................................. Mill Mt. Access Road (27) ........................................................................... Lick Run Greenway (28) ............................................................................. Remodel Park Shelters for ADA (29) ......................................................... Market Building Improvements (30) ........................................................... Comfort Station Renovations (31) ............................................................. Comfort Station Replacement (32) ............................................................ Railside Linear Walk - Phase 5 (33-35) ..................................................... Street and Bddges Williamson-Church' Streetscape (36) ......................................................... First Street Pedestrian Bridge (37) ............................................................ Curb, Gutter, and Sidewalk Cap Tm (38) .................................................. Curb, Gutter, and Sidewalk Phase 6 (39) .................................................. Williamson Road Improvements (40) ......................................................... Peters Creek Roanoke Street Lighting (41) .............................................. $24,901,540 210,749 3,199,087 643,500 $6,016,143 149,942 92,560 $8,244,454 131,668 $12,836 584 108 649 149 335 187 954 260 177 84 176 403 824 $26,893,248 97,787 169,607 37,556 376,746 11,996 63.2O4 65 796 137 610 103 879 43 121 54 031 315 026 951.607 $25,321,040 467,245 137,257 96,071 1,013,892 396,548 32,763 Storm Drains Miscellaneous Storm Drain Projects (42) .................................................. Miscellaneous Storm Drain Pt 2 (43) ......................................................... Traffic Engineering Traffic Signals - Install new (44) ................................................................ Traffic Signals Replacement (45) .............................................................. Hollins/Liberty Road Signal (46) ................................................................ Traffic Signals General (47-49) ................................................................. Capital Improvement Reserve Capital Improvement Reserve (50-51) ...................................................... Department of Technology Fund Appropriations Capital Outlay DOC Dist, Prt and Retrieval System (52) .................................................. Wide Area Network Expansion (53) ........................................................... Networks Management (54) ...................................................................... 911 Records/Timestamps (55) .................................................................. Technology Media Center (56) .................................................................. Enterprise Bar Code Technology (57) ....................................................... Replace Ntwk Conn- Libraries (58) ........................................................... 1 ) Appropriated from General Revenue 2) Appropriated from General Revenue 3) Appropriated from Bond Funds- Series 2002 4) Appropriated from Bond Funds- Series 2002 5) Appropriated from Bond Funds- Series 2002 6) Appropriated from Bond Funds- Series 2002 (005-550-8607-9003) (005-550-8615-9003) (008-056-9618-9076) (008-056-9619-9076) (008-056-9652-9076) (008-530-9765-9076) $2,652,131 287,892 193,534 $5,277,617 316,859 284,579 89,747 807,605 $23,203,963 338,215 $11,796,604 0 914,12~. 17,566 65,577 19,029 25,133 50,695 (27,862) 27,862 (2,300) (81,3OO) (124,591) (128,797) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 2O) 21) 22) 23) 24) 25) 26) Appropriated from Bond Funds- Series 2002 Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from State Funds Appropriated from State Funds Appropriated from General Revenue Appropriated from General Revenue Appropriated from Bond Funds- Series 1999 Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from Bond Funds- Series 1996 Appropriated from General Revenue Appropriated from General Revenue (008-056-9620-9076) (008-052-9679-9003) (008-052-9632-9003) (008-620-9755-9003) (008-530-9682-9007) (008-530-9684-9007 (008-530-9677-9003) ( 008-052-9552-9003 ) (008-052-9565-9001) (008-052-9576-9003) (008-052-9589-9003) ( 008-530-9768-9003 ) (008-530-9776-9003) (008-620-9760-9003) ( 008-052-9624-9003 ) (008-052-9640-9003) (008-052-9702-9003) (008-052-9702-9088) (008-052-9705-9003) (008-052-9729-9003) $ 336,988 (3,462) 3,462 (6,500) (58) 58 (7,672) (54) (9,169) (305) (411) (3,824) 3,824 (213) (6,556) 6,556 (1,422) (2,545) (16,951) (6,796) 27) 28) 29) 30) 31) 32) 33) 34) 35) 36) 37) 38) 39) 40) 41) 42) 43) Appropriated from General Revenue Appropriated from General Revenue Appropriated from Bond Funds- Series 1999 Appropriated from Bond Funds- Series 1999 Appropriated from Bond Funds- Series 1999 Appropriated from Bond Funds- Series 1999 Appropriated from General Revenue Appropriated from Bond Funds- Series 1996 Appropriated from Bond Funds- Series 1999 Appropriated from Bond Funds- Series 1999 Appropriated from Bond Funds- Series 1999 Appropriated from General Revenue Appropriated from General Revenue Appropriated from Bond Funds- Series 1999' ' Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue (008-620-9753-9003) (008-530-9754-9003) (008-530-9764-9001) (008-530-9767-9001 ) (008-620-9743-9001) (008-620-9742-9001) (008-530-9759-9003) (008-530-9759-9088) (008-530-9759-9001) (008-052-9567-9001 ) (008-052-9574-9001) (008-052-9588-9003) (008-530-9510-9003) (008-052-9716-9001 ) (008-530-9771-9003) (008-052-9688-9003) (008-530-9734-9003) (5,704) 12,500 (9,121) 9,121 (8,276) 8,276 24,873 2,545 8,220 (2,172) 2,172 (3,929) 3,929 (8,220) (7,237) (8,722) 8,722 44 ) 45) 46) 47) 48) 49) 5o) 51) 52) 53) 54) 55) 56) 57) 58) Appropriated from General Revenue Appropriated from Bond Funds- Series 1996 Appropriated from Bond Funds- Series 1999 Appropriated from Bond Funds- Series 1996 Appropriated from General Revenue Appropriated from Bond Funds- Series 1999 Capital Improvement Reserve - Buildings Capital Improvement Reserve - Parks Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue (008-052-9561-9003) (008-052-9562-9088) (008-530-9578-9001 ) (008-052-9560-9088) (008-052-9560-9003) (008-052-9560-9001) (008-052-9575-9173) (008-052-9575-9180) (013-052-9826-9003) (013-052-9811-9003) (013-052-9843-9003) (013-430-9846-9003) (013-430-9848-9003) (013-430-9864-9003) (013-430-9861-9003) (141) (15,421) (20,253) 15,421 7,378 20,253 17,611 213 (65,000) 65,000 (434) (423) (971) (9,867) 11,695 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. June 17,2002 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W. Room 461 P.O. Box 1220 Roanoke, VA 24006-1220 Telephone: (540) 853-2824 Fax: (540) 853-2940 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Capital Projects of all types have been approved by Council for construction over the past years. These projects have included construction in major categories for buildings, parks, streets, bridges, sanitary sewers, water projects, storm drains, flood reduction, and various technology related projects. Funding was established for each project when Council approved the project based on the bids for the various project costs, as well as extra funding for possible contingencies. Some projects have contingency funds remaining after the final expenditures are made because projects are completed within the established budgets. A number of projects have been completed and can be closed. Remaining funds may be transferred from the completed projects to capital projects still under construction or to capital improvement reserve accounts for other future construction. Attachment A illustrates funds remaining in completed projects that may be closed. The attachment also indicates the account to which remaining funding is recommended to be transferred. We recommend that Council adopt the budget ordinance, which will transfer funds from completed capital projects into recommended accounts. Respec~ully Submi~ed, City Manager Jesse A. Hall Director of Finance DLB/JAH/vst Honorable Mayor and Members of Council June 17, 2002 Page 2 Attachments C~ William M. Hackworth, City Attorney Mary F. Parker, City Clerk Barry L. Key, Director of Management and Budget Philip C. Schirmer, City Engineer Descriotiorl Delray Standby Emergency Generator Land Use Activity Inventory Gunite Crystal Sprg Falling Cr. Carvins Cove Phase II - Land Parkway Standpipe Tank Painting Total - Water Fund Source Attachment A Budget Capi~lized or Exoensed Gen Revenue $145,000 $144,938 State Funds 20,000 13,134 Gen Revenue 217,900 217,301 Gen Revenue 23,000 20,101 Gen Revenue 154,000 152,152 Amount to Close Transfer To Account Name $62 Retained Earnings 6,866 Retained Earnings 599 Retained Eamings 2,899 Retained Earnings 1,548 Retained Earnings $559,900 $547,626 $12,274 Variable FRP DR Electric Motor Chesterton St. Sewer Replace Rke. River Interceptor Sewer Rke. River Inter Sewer Construction Rke. River Inter-CNT C, D, & E WPC Plant Blower Motor Total - Sewage Treatment Fund Gen Revenue Gen Revenue Other Govls Gert Revenue 1994Bonds Other Gov'ts Gen Revenue 1994 Bonds Other Gov'ts Gen Revenue 1994Bonds Gert Revenue $23,000 $21,168 54,533 54,533 1,217,816 1,217,816 39,636 39,134 666,428 666,428 12,641,967 12,541,967 4,385,296 4,385,295 3,024,043 3,024,043 8,572,016 8,572,016 4,816,223 4,254,817 485,959 485,959 850,000 831,920 $1,832 Retained Eamings 0 0 502 Retained Earnings 0 0 1 0 0 561,406 Retained Earnings 0 18,080 Retained Eamings $36,806,917 $36,225,096 $581,821 Civic Ctr. HVAC Replace Plan CC Auditorium/Coliseum Repair Civic Center Fall Protection Total. Civic Center Fund Gen Revenue Gert Revenue Gen Revenue $87,500 $83,267 $4,233 115,000 87,138 27,862 140,000 140,000 0 $342,500 $310,405 $205,000 $205,000 $205,000 $205,000 $32,095 $0 $0 Retained Earnings Civic Center Expansion/Renovation Salem Avenue Parking Lot Total - Transportation Fund GenRevenue Surveying Roanoke River Flood Red Rke River Fid Red - Land Acq Local Cash Share Rke River Flood Red Regional Mitigation Project Rke River Utility Relocation Johnson & Johnson Residual Grants Precision Technology, USA Inc. Foot Levelers, Inc. Infrastructure RCIT Infrastructure Design Eng Warehouse Row Buildings Project 2002 Bonds $413,433 $411,133 $2,300 2002 Bonds 1,040,507 959,207 81,300 2002 Bonds 628,595 504,004 124,591 Federal Funds 638,692 638,692 0 State Funds 142,125 142,125 0 1996Bonds 150,000 150,000 0 2002 Bonds 240,000 111,203 128,797 Gen Revenue 7,174,611 7,174,611 0 Gen Revenue 88,515 88,515 0 Gen Revenue 34,790 34,790 0 Gen Revenue 214,211 210,749 3,462 Gen Revenue 650,000 643,500 6,500 Rke River Flood Reduction Rke River Flood Reduction Rke River Flood Reduction Rke River Flood Reduction RCIT Infrastructure Extension Railside Linear Walk Phase 5 Tinker Creek Greenway Downtown Plan Update State - Greenway 150,000 149,942 56 US Gov - Greenway 100,000 100,000 0 Gen Revenue 165,000 165,000 0 Smith Park Roparian Planting Police Firearms Training Range Jail Elevator Renovation Gen Revenue Gen Revenue 156,000 158,000 139,340 131,668 0 7,672 Capital Improve Reserve - Buildings Description Greater Gains Parking Garage Design Commonwealth Blgd - Replace Windows Civic Center Reroofing Greater Gains Park Garage Construct Williamson Road Garage Renovate Municipal South Renovations PWSC New Roof Level 4 Study Municipal North Use Sourc9 Attachment A Capitalized or Bud_~et Expensed Amount to Close Fed Grant 131,500 131,500 0 Gen Revenue 108,703 108,649 54 1999 Bonds 158,504 149,335 9,169 1996 Bonds 298,521 298,521 0 1997 Bonds 207,975 207,975 0 Gen Revenue 3,315,966 3,315,965 1 Gen Revenue 188,250 187,945 305 Transportation Funds 293,000 293,000 0 Gen Revenue 260,588 260,177 411 Gen Revenue 88,000 64,176 3,824 0 0 0 Transfer To Account Name Capital Improve Reserve - Buildings Capital Improve Reserve - Buildings Capital Improve Reserve - Buildings Capital Improve Reserve - Buildings Public Work Service Ctr - Upgrade Phase 1 Repair Tennis/Basketball Crts. Eureka Rec Ctr. Roof Repair Main Library Roof & Asb Abate Railside Linear Walk - Phase I Franklin Square Park Railside Linear Walk - Phase II Roanoke River Greenway Railside Linear Park - Phase 4 Remodel Recreation Centers Remodel Pk Shelters for ADA Comfort Station Renovations Buena Vista Rec Ctr. Mill Mt. Access Road Williamson-Church Streetscape Curb, Gutter, Sidewalk, Cap Tra. Hunter Viaduct Removal Broadway Street Bridge Williamson Road Improvements Police Building Streetscape Peters Creek Rd Street Lighting Misc Drainage Projects Vegetative Waste Compost Misc Storm Drain Projects Traffic Signals - Install new Traffic Signals - Replacement U.S. Route 220 Traffic Signals Anti-Icing Distribution System Hollins/Liberty Rd Signal Total - Capital Projects Fund Gen Revenue 99,900 99,900 Gen Revenue 98,000 97,787 Gert Revenue 176,163 169,607 Gen Revenue 1,422 0 1996 Bonds 379,291 376,746 0 213 Capital Improve Reserve - Parks 6,556 Main Library Improvements 1,422 Railside Linear Walk Phase 5 2,545 Railside Linear Walk Phase 5 1999 Bonds 8,947 8,947 0 Gen Revenue 20,000 3,049 16,951 1996Bonds 1,572,507 1,572,507 0 GenRevenue 70,000 63,204 6,796 Gen Revenue 64,300 64,300 0 1996Bonds 272,366 272,366 0 Gert Revenue 48,220 48,220 0 1999 Bonds 113,000 103,879 9,121 1999 Bonds 62,307 54,031 8,276 Gen Revenue 20,000 20,000 0 State Revenue 20,000 20,000 0 Gen Revenue 71,500 65,796 5,704 1999 Bond 469,417 467,245 2,172 1997 Bond 63,724 63,724 0 General Revenue 100,000 96,071 3,929 Third Party 950,000 950,000 0 1996Bond 3,141,996 3,141,996 0 1999 Bond 209,213 209,213 0 1999 Bond 404,768 396,548 8,220 1997 Bond 56,925 58,925 0 1999Bond 30,300 30,300 0 General Revenue 40,000 32,763 7,237 1992 Bond 146,531 146,531 0 1996Bond (146,531) (146,531) 0 40,000 40,000 0 Gen Revenue 296,614 287,892 8,722 1992 Bonds 27,947 27,947 0 Railside Linear Walk Phase 1 Lick Run Greenway GeneralRevenue 60,000 59,859 1996Bond 257,000 257,000 1996Bond 300,000 264,579 General Revenue 40,000 40,000 CapitalLease 0 0 1999 Bonds 110,000 89,747 Market Building Improvement Comfort Station Replacement Lick Run Greenway First St Pedestrian Bddge Curb, Gutter, Sidewalk - Ph 6 Railside Linear Walk - Phase 5 Traffic Signals General Miscellaneous Storm Drain Part 2 141 Traffic Signals General 0 15,421 Traffic Signals General 0 0 20,253 Traffic Signals General $26,896,653 $26,404,531 $492,12~- Descrintion HRCCC Repair Facility Total Hotel Rke. Conf Ctr. Fund DOC Dist, Prt & Retrieval System Network Mana9ement 911 Records/Timestamps Technology Media Center Enterprise Bar Code Technology Total DOT Fund Grand Total Sourc~ Gen Revenue Gen Revenue Gen Revenue Gen Revenue Gen Revenue Attachment A Capitalized or Amount Bude_et Exr)ensed to Close $7,000,000 $5,379,978 $1,620,022 $7,000,000 $5,379,978 $1,620,022 $65,000 $0 $65,000 18,000 17,566 434 66,000 65,577 423 20,000 19,029 971 35,000 25,133 9,867 $204,000 $127,305 $76,695 $72,014,970 $69,199,941 $2,815,029 Transfer To Account Name Retained Earnings Wide Area Network Expansion Replace Ntwk Conn- Libraries Replace Ntwk Corm - Libraries Replace Ntwk Conn- Libraries Replace Ntwk Conn- Libraries CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21, 2002 File #5-60-236 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Dadene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35942-061702 accepting a grant made to the City of Roanoke by the U. S. Department of Justice for reimbursement of the cost of bulletproof vests, in the amount of $5,182.75. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Attachment pc: Jesse A. Hall, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Barry L. Key, Director, Office of Management and Budget H:L~,genda.02Uune 17, 2002 correspondcncc.wpd IN THE COUNCrl. OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35942-061702. A RESOLUTION accepting the grant made to the City by the Department of Justice for the reimbursement of the cost of bulletproof vests, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the grant made to the City by the Department of Justice for the cost of bulletproof vests, in the amount of $5,182.75, such grant being more particularly described in the City Manager's letter dated June 17, 2002, upon all the terms, provisions and conditions relating to the receipt of such fimds. 2. The City Manager and the City Clerk, are hereby authorized to execute, seal and attest, respectively, the grant agreement and all necessary documems required to accept this grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to fi~'nish such additional information as may be required by the Department of Justice in connection with the City's acceptance of this grant. ATTEST: City Clerk. H:\Measures\bulletproof vest grant.doc CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21, 2002 File #5-60-236 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 35941-061702 amending and reordaining certain sections of the 2001-02 Grant Fund Appropriations, providing for appropriation of $5,183.00 from the U. S. Department of Justice for the Bulletproof Vest Partnership Grant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Dadene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police H:~Agenda.02Uune 17, 2002 correspondence.wpd IN THE COUNCIL Of THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35941-061702. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of theCity 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 2001-2002 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Public Safety Bulletproof Vests FY 02 (1) ............................................... $ 2,142,176 ....................... 5,183 Revenues Public Safety-Special Purpose Grant $ Bulletproof Vests FY 02 (2) ...................................................................... 1 ) Weadng Apparel (035-640-3315-2064) $ 5,183 2) Bulletproof Vest Grant - FY 02 (035-640-3315-3315) 5,183 2,142,176 5,183 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager June 17,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice-Mayor Honorable William D. Bestpitch Honorable C. Nelson Harris Honorable W. Alvin Hudson Honorable William White, Sr. Honorable Linda F. Wyatt Dear Mayor Smith and Members of Council: Subject: Bulletproof Vest Partnership Grant Background: The Bulletproof Partnership Grant Act of 2001, enacted by the 107th United States Congress, provides funds to eligible law enforcement agencies for the purchase of bulletproof vests. The grant program is managed by the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance. On May 29, 2001, Roanoke was reimbursed in the amount of $5,182.75 for vests purchased by the Police Department in Fiscal Year 20001-02. In conjunction with this program 27 bulletproof vests were purchased. Considerations: Bulletproof vests are essential equipment for Officer safety. All Roanoke Police Officers are issued these vests. Reimbursements of this type insure that additional vests can be procured in the future for new Officers and to replace worn out equipment. Recommended Action(s): Accept the Bulletproof Vest Partnership reimbursement of $5,182.75 and authorize the City Manager and Police Chief to execute any agreements related to the grant. Appropriate funding of $5,182.75 in an account to be established by the Director of Finance in the Grant Fund for the Bulletproof Vest Partnership. Establish a revenue estimate of the same. Room 364 Municipal South City Manager 215 Church Avenue, S.W. Roonoke, Virginla 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci,roonoke.va.us DLB/ALG/jl #CM02-00143 C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda Johnson, Assistant City Manager for Community Development A. L. Gaskins, Police CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 File #289-555 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35943-061702 directing amendment of the Fee Compendium, in connection with outdoor dining to provide an incentive to restaurants for calendar year 2002; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: David A. Diaz, President, Downtown Roanoke, Inc., 310 First Street, S. W., Roanoke, Virginia 24011 Jesse A. Hall, Director of Finance H:'u~genda.02~June 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35943-061702. AN ORDINANCE directing amendment of the Fee Compendium; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke, as follows: 1. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, as amended, shall be amended to include a permit fee as follows: $3.25 per square foot of space permitted by the City Manager fo~' calendar year 2002, with the permit fee after calendar year 2004 being reconsidered and established by City Council as it deems appropriate, as set forth in the letter dated June 17, 2002, from the City Manager to this Council. 2. Pursuant to §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. Office of the City Manager June 17,2002 The Honorable Ralph K. Smith, Mayor The Honorable William Carder, Vice-Mayor The Honorable William Bestpitch, Council Member The Honorable Nelson Harris, Council Member The Honorable Alvin Hudson, Council Member The Honorable William White, Council Member The Honorable Linda Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Outdoor Dining. Providing an incentive to restaurants for remainder of 2002. Background: On April 1, 2002, City Council adopted an ordinance to provide for an outdoor dining permit program and amended the Fee Compendium. The fees per square foot of area approved for outdoor dining were as follows: $6.50 per square foot for 2002; $7.00 per square foot for 2003; and $8.00 per square foot for 2004. To date, concerns about the fee structure have limited applicants' interest in applying for an outdoor dining permit. In an effort to jump-start restaurant applications for outdoor dining, a reduction in fees for calendar year 2002 should be considered. The annual permit fee after calendar year 2004 will be reconsidered and established by City Council as it deems appropriate. Recommendation: City Council amend the Fee Compendium so that the original fee of $6.50 per square foot be reduced to $3.25 per square foot for calendar year 2002 with a three month commitment from the applicant, and with the annual permit fee after calendar year 2004 being reconsidered and established by City Council as it deems appropriate. Respectfully submitted, Darlene L. Burcham City Manager Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us Honorable Mayor and Members of Council June 17, 2002 Page 2 c: Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk David Diaz, President, DRI CM02-00145 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 File #24 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35944-061702 readopting and reenacting the Code of the City of Roanoke (1979), as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney Jesse A. Hall, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Rolanda A. Johnson, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police H:'~Agenda.02'dune 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35944-061702. AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and providing for an emergency. WHEREAS, by Ordinance No. 25043, adopted April 7, 1980, this Council adopted and enacted a new code for the City of Roanoke entitled the Code of the City of Roanoke (1979) (hereinafter sometimes referred to as the "City Code"); WHEREAS, said Code, as amended, contains certain provisions which incorporate-by reference portions of the Code of Virginia (1950), as amended, (hereinafter "State Code"); WHEREAS, from time to time, certain of these State Code sections which are incorporated by reference in the City Code have been amended by the General Assembly; WHEREAS, such amendments are a matter of public record which are set forth in the Acts of Assembly and supplements and replacement volumes of the State Code; and WHEREAS, it is the desire of this Council that those provisions of the City Code which adopt by reference State Code provisions shall be fully consistent with enactments of the most recent Session of the General Assembly; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, a copy of which is on file in the City Clerk's Office, consisting of Chapters 1 through 36.1, each inclusive, is hereby readopted and reenacted. Such Code amendments heretofore and hereafter adopted shall continue to be known as the Code of the City of Roanoke (1979), as amended. 2. With respect to sections or provisions of the State Code incorporated by reference in the City Code, Council recognizes any amendments made to such sections or provisions of the State Code by the most recent Session of the General Assembly and hereby expresses the intent and ordains that such amendments to sections or provisions of the State Code incorporated by reference in the City Code shall be included in the City Code verbatim as enacted by the most recent Session of the General Assembly. 3. Any reference in the City Code to any section, article or chapter from former Titles of the State Code shall be deemed and construed to apply to the successor section, article or chapter of the State Code, comparable sections being set out in Tables of Comparable Sections for certain Repealed and Revised Titles published in Volume l0 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. · 4EAS~RI~CO.I 1 WILLIAM M. HACKWORTH CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FAX: 540-853-1221 E-MAIL: cityatty~ci.roanoke.va.us June 17, 2002 ELIZABETH K. DILLON STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS CAROLYN H. FURROW ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Reenactment of Ci.ty Code Dear Mayor Smith and Council Members: Since 1982, City Council has reenacted and recodified the City Code on an annual basis in order to properly incorporate in the Code amendments made by the General Assembly at the previous Session to State statutes that are incorporated by reference in the City Code. This procedure ensures that the ordinances codified in our Code incorporate the most recent amendments to State law. Incorporation by reference is frequently utilized in local codes to preclude having to set out lengthy provisions of State statutes in their entirety. In addition, the technique ensures that local ordinances are always consistent with the State law as is generally required. The procedure whereby a local governing body incorporates State statutes by reference after action of the General Assembly has been approved by the Attorney General. See Report of the Attorney General (1981-1982) at 272. I recommend that Council adopt the attached ordinance to readopt and reenact the Code of the City of Roanoke (1979). If the attached ordinance is not adopted, City Code sections incorporating provisions of the State Code amended at the last Session of the General Assembly may not be deemed to include the recent amendments and may be impermissibly inconsistent which could result in the dismissal of criminal prosecutions under these City Code sections. Sincerely yours, WMH:f Attachment William M. Hackworth City Attorney The Honorable Mayor and Members of City Council June 17, 2002 Page 2 Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations Rolanda A. Johnson, Assistant City Manager for Community Development The Honorable Donald S. Caldwell, Commonwealth's Attorney A. L. "Joe" Gaskins, Chief of Police Mary F. Parker, City Clerk H:\COUNCIL\L-HMRECO.10 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 File #9-24 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35945-061702 adding a new §4-5. Regulation of vehicular and pedestrian traffic - Powers and duties of city manager; amending and reordaining §4-6. Regulation of vehicular and pedestrian traffic - Violations - Generally; amending and reordaining §4-7. Same--Parkinq violations, of Article I, In General, of Chapter 4, Airport, of the Code of the City of Roanoke (1979), as amended, by the addition of a new subsection (b) and (c). The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Attachment pc: The Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia H:~gcnda.02~Junc 17, 2002 corrcspondence.wpd Darlene L. Burcham June 21, 2002 Page 2 pc: The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. AIbright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport, 5202 Aviation Drive, N. W., Roanoke, Virginia 24012-1148 Jesse A. Hall, Director of Finance A. L. Gaskins, Chief of Police H:~-genda.02Uunc 17, 2002 correspondcncc.w-pd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of jUne, 2002. No. 35945-061702. AN ORDINANCE adding a new § 4.5. Regulation of vehicular and pedestrian traffic Powers and duties of city manage; amending and reordaining §4-6. Regulation of vehicular and pedestrian traffic - Violations - Generally; amending and reordaining § 4-7. ~ violations, of Article I, ~ of Chapter 4, Ai~ort, of the Code of the City of Roanoke (1979), as amended, by the addition of a new subsection (b) and (c); and providing for an emergency and for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of a new section § 4-5. Regulation of vehicular and pedestrian traffic - Powers and duties of city rnan~er of Article I, In General of Chapter 4, Airport, to read and provide as follows: § 4-5. R ~euulation of vehicul~ and pedestrian traffic - Powers and duties of city (a) The city manager shall have general supervision of the management, regulation and control of vehicular traffic and pedestrian traffic and of the parking and routing of vehicles at the ah'port, in the interest of public safety, comfort and convenience. The city manager is authorized and directed to erect and maintain, in places or vosi ons where they may be readily and easily seen by a reasonably observant person, appropriate signs, markers, signals and such other devices as may be deemed necessary by the city manager to manage, direct, regulate and control vehicular and pedestrian traffic and parking at the airport. Such system of marking and signing shall correlate with and, so far as possible, conform to the system adopted by the state highway H:~A~UREB~CODE A.MIi~DMENT 4-$ AI~I~ORT PAR.KING.DOC (c) commission. By the installation of signs, markers, signals or other devices pursuant to this section, the city manager is authorized and directed to: Prohibit other than one-way vehicular traffic on the roads, meets and driveways at the airport when, in the interest of safety, comfort and convenience of the persons using, frequenting or visiting the airport, it is reasonably necessary so to do. (2) Limit or Prohibit the parking, stopping or standing of vehicles in designated areas at the airport. (3) Designate taxicab stands, loading zones and rental car zones for the use of taxicabs, commercial vehicles having business at the airport' and rental car agencies; designate parking areas for use of persons employed at the airport and for persons visiting the airport; and prohibit the parking of other vehicles in such areas. (4) Designate speed limits above which no vehicle shall be driven on the various areas of the airport, provided that no such speed limit shall exceed a rate higher than twenty-five (25) miles per hour. (5) Limit or prohibit the use of private or other vehicles on the runways, taxiway ramps or apron system of the airport. 2. Section 4-6. Regulation of vehicular traffic - Violations - Generally~ of Article I, ~ of Chapter 4, Airport, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: § 4-6. R ~egulation of vehicular traffic - Violations - Generally. It shall be unlawful for any person to operate a vehicle in a direction other than that indicated and prescribed by directional signs, markers or other devices then and there erected or installed pursuant to section 4-5(cX1); operate a vehicle in excess of any. speed limit that is indicated and prescribed by signs, markers or other devices then and there erected or installed pursuant to section 4-5(c)(4); or to operate a vehicle in any area in which the use of private or other vehicles has been prohibited by signs, markers or other devices then and there erected or installed pursuant to section 4-5(c)(5). Any person violating any of the provisions of this subsection shall be guilty of a Class 4 misdemeanor. H:'~.q~E AME~DM~'NT 4-~ AI]U~itT 2 3. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the amendment of subsection (a) and the addition of new subsections Co) and (c) of to 4-7. Same - Parking violations, of Article I, In General of Chapter 4, 'Airport, to read and provide as follows: § 4-7. Same-Parking violations. (a) It shall be unlawful and constitute a parking violation for any person to park or stop a vehicle or allow the same to remain standing or stopped in any area where, at the time, parking stopping or standing is prohibited and signs or markers to that effect have been erected or installed pursuant to section 4-5(c)(2) or 4-5(cX3). Co) (c) It shall be unlawful and constitute a parking violation for any person to park or leave standing any vehicle not displaying a license plate, decal or special permit issued under section 46.2-731, 46.2-739 or 46.2-12451, Code of Virginia (1950), as amended, in a parking space reserved for handicapped persons on airport property. Any vehicle that is parked in violation of this section shall have a notice of such violation attached to the vehicle or delivered to the owner or operator stating that such vehicle is parked in violation of a provision of this section. Every person receiving such notice may waive his right to appear and be formally tried for the violation set forth in the notice upon the voluntary payment, as penalty and in full satisfaction of such violation, of the penalty set forth below. Such penalty shall be paid to the city treasurer during the regular working hours of the treasurer's office or through any other method established by city council for the routine payment of such penalties. For purposes of this subsection, penalties shall be deemed to have been ~paid# when full payment therefor has been received by the city treasurer, regardless of whether such penalty is paid in person or is mailed. The city treasurer shall not be authorized to accept partial payment of penalties due. Penalties for parking violations shall be as follows: (1) A penalty of twenty dollars ($20.00) may be paid for a violation of section 4-7(a), if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be thirty-five dollars ($35.00). If not paid within ten (10) days, a notice pursuant to section 46.2-941, Code of Virginia (1950), as amended, shall be sent by the city's office of billings and H:'~A~ODE AMEI~DI~"'NT 4~5 All, PORT PARK]NO.DOC collections to the violator. Any violator to whom such notice is sent may pay such penalty of thirty-five dollars ($35.00) within five (5) days of receipt of such notice. (2) A penalty of one hundred twenty-five dollars ($125.00) may be paid for a violation of section 4-7(b) if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be one hundred forty dollars ($140.00). If not paid within ten (10) days, a notice pursuant to section 46.2- 941, Code of Virginia (1950), as amended, shall be sent by the city's offi~ of billings and collections to the violator. Any violator to whom such notice is sent may pay such penalty of one hundred forty dollars ($140.00) within five (5) days of receipt of such notice. 4. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new fines to be charged for the aforesaid violations. 5. In order to provide for the usual operation of the municipal government, an emergency is deemed to exist and this ordinance shall be in full force and effect as of July 1, 2002. ATTEST: City Clerk. H:LIM~A~ ~DE ~M~'T[ 4-5 A/RPORT PARiC~N*O/)OC WILLIAM M. HACKWORTH CITY ATTORNEy CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 2401 1-1595 TELEPHONE: 540-853-2431 FAX: 540-853-1221 E-MAIL: cityatty@ci.roanoke.va.us ELIZABETH K. DILLON STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS CAROLYN H. FURROW ASSISTANT CITY ATTORNEYS June 17, 2002 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Code Amendment Dear Mayor Smith and Members of Council: In order to make all parking fines consistent we have been updating various section of the City Code. Attached for your consideration is an ordinance amending and reordaining City Code Sections relating to parking at the Roanoke Regional Airport so that the penalties for all parking violations throughout the City are consistent. Please let me know if you have any questions about this matter. With kindest personal regards, I am Sincerely yours, William M. Hackworth City Attorney WMH/EKD/lsc Attachment c: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk Jacqueline L. Shuck, Executive Director, Airport Commission H:hMeasures\City Attorney Report (letter).doc CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 File #24-50-497 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Dadene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35946-061702 amending and reordaining {}23.1-4(a) and (b),Requirement of bidding; power to reject bids, and {}23.1-6(g) ~ .requirement of competitive procurement, of the Code of the City of Roanoke (1979), as amended, to increase the threshold amounts for competitive procurement from $30,000.00 to $50,000.00 consistent with amendments to the City of Roanoke Charter, effective July 1, 2002. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk pc: The Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia H:kAgenda.02klune 17, 2002 correspondence.wpd Darlene L. Burcham June 21,2002 Page 2 pc: The The The The The The The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Julian H. Raney, Jr., Chief Judge, General District Court Honorable George W. Harris, Jr., Judge, General District Court Honorable Vincent A. Lilley, Judge, General District Court Honorable William D. Broadhurst, Judge, General District Court The Honorable The Honorable District Court The Honorable District Court Jacqueline F. Ward Talevi, Judge, General District Court John B. Ferguson, Chief Judge, Juvenile and Domestic Relations Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Jesse A. Hall, Director of Finance George C. Snead, Jr., Acting Director, General Services Robert H. Bird, Acting Purchasing Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of Sune, 2002. No. 35946-061702. AN ORDINANCE mending and reordaining {}23.1-4(a) and (b), Requirement ofbiddin_E' power tO reject bids, and §23.1-6(8) Exc _eptions to r~uirement of competitive procureme,4, of the Code of the City of Roanoke (1979), as mended, to increase the threshold amounts for competitive procurement fi-om $30,000 to $50,000 consistent with amendments to the City of Roanoke Charter; and providing for an emergency and for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections 23.14(a) and (b), Requirement ofbiddin?: power to reject hd.,-, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: §23.1-4. R~uir~nent of bidding: power to reject bids. (a) Any contract with a nongovernmental contractor for the purchase or lease of goods or for the purchase of services or construction the consideration for which is expected to exceed fifty thousand dollars ($50,000.00) shall be awarded to the lowest responsible bidder, or highest responsfole bidder where applicable, such as where the city is leasing or selling public property or awarding concession rights, a~er public advertisement and competition. With respect to bids for any purchase, public work or improvement costing more than seventy-five thousand dollars ($75,000.00) the city council shall have the power to reject any and all bids. With respect to bids for any purchase, public work or improvement costing seventy-five thousand dollars ($75,000.00) or less, the city manager shall have the power to reject any and all bids. Any contract with a nongovernmental contractor for the purchase or lease of goods or for the purchase of services or construction the consideration for which is not expected to exceed fifb] thousand dollars ($50,000.00) may be bid and awarded to the lowest responsible bidder, or highest responsible bidder where applicable, such as where the city is leasing or selling public property or awarding concession rights, after public advertisement and competition. Small purchase procedures shall provide for competition wherever practicable. 2. Section 23.1-6(g) Excel_ tions to requirement of competitive procuremen~ of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: (g) Exceptions to requirement of competitive procurement. Where any contract for the purchase or lease of goods, services or construction is not expected to exceed fifty thousand dollars ($50,000.00) and where any contract for the purchase of professional services is not expected to exceed thirty thousand dollars ($30,000); or 3. In order to provide for the usual operation of the municipal government, an emergency ' is deemed to exist and this ordinance shall be in full force and effect as of J'uly 1, 2002. ATTEST: City Clerk. WILLIAM M. HACKWORTH CITY ATTORaNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FAX: 540-853-1221 E-MAIL: cityatty@ci.roanok¢.va.us ELIZABETH K. DILLON STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS CAROLYN H. FURROW ASSISTANT CITY ATTORNEYS June 17,2002 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Threshold for competitive procurement Dear Mayor Smith and Council Members: As requested by City Council, the General Assembly, at its 2002 Session, amended the City Charter to increase the threshold for formal competitive procurement from $30,000 to $50,000. See Chapter 685, 2002 Acts of Assembly. The Charter amendment becomes effective July 1, 2002, and will be applied to City procurements after that date. The attached ordinance, which I recommend to you, simply conforms our City Code to the new Charter provision by amending the threshold for competitive procurement from $30,000 to $50,000. The amendment also conforms the City Code to the Virginia Public Procurement Act. I will be pleased to answer any questions City Council may have with respect to this matter. With kindest personal regards, I am WMH/EKD/lsc Attachment C: Sincerely yours, William M. Hackworth City Attorney Darlene L. Burcham, City Manager (w/atta.) Robert H. Bird, Acting Manager of Supply Management (w/atta.) Mary F. Parker, City Clerk (w/atta.) H:~Measures\city attorney letter report procurement .doc CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 File #60-236-467 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 35947-061702 amending and reordaining certain sections of the 2002-03 School Fund Appropriations, providing for appropriation of funds for various school grants for fiscal year 2002-03. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Dadene L. Burcham, City Manager Sherman P. Lea, Chair, Roanoke City School Board, 1638 Lonna Drive, N. W. Roanoke, Virginia 24019 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Cindy H. Lee, Clerk, Roanoke City School Board Barry L. Key, Director, Office of Management and Budget H:'vkgenda.02',June 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35947-061702. AN ORDINANCE to amend and reordain certain sections of the 2002-2003 School Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Govemment 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 2002-2003 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education Title I Even Start Family Literacy Grant 02-03 Title I 02-03 Governor's School 02-03 Summer Youth 02-03 Flow Through 02-03 Child Specialty Services 02-03 Child Development Clinic 02-03 Juvenile Detention Home 02-03 Preschool Incentive Program 02-03 Special Education Jail Program 02-03 Adult Basic Education 02-03 Apprenticeship Program 02-03 Jobs For Virginia Graduates 02-03 Perkins Act Program 02-03 Regional Adult Education Specialist 02-03 Regional Adult Literacy (TAP) 02-03 GED Testing 02-03 Workplace Education 02-03 Regional Adult Basic Education 02-03 Adult Education in the Jail 02-03 Grants Management 02-03 Homeless Assistance Program 02-03 Alternative Education 02-03 Title V-A 02-03 Eisenhower 02-03 $113,155,555 150,0O0 3,393,239 1,173,825 39,000 1,913,671 69,755 73,460 222,391 135,979 170,173 163,604 131,211 49.960 397 251 35 000 150 098 18612 26913 35,222 21,341 75,000 35,000 1,472,708 212,232 122,107 Class Size Reduction 02-03 Adolescent Health Partnership 02-03 Blue Ridge Technical Academy 02-03 Revenues 760,522 159,071 525,000 Education Title I Even Start Family Literacy Grant 02-03 Title I 02-03 Governor's School 02-03 Summer Youth 02-03 Flow ThroUgh 02-03 Child Specialty Services 02-03 Child Development Clinic 02-03 Juvenile Detention Home 02-03 Preschool Incentive Program 02-03 Special Education Jail Program 02-03 Adult Basic Education 02-03 Apprenticeship Program 02-03 Jobs For Virginia Graduates 02-03 Perkins Act Program 02-03 Regional Adult Education Specialist 02-03 Regional Adult Literacy (TAP) 02-03 GED Testing 02-03 Workplace Education 02-03 Regional Adult Basic Education 02-03 Adult Education in the Jail 02-03 Grants Management 02-03 Homeless Assistance Program 02-03 Alternative Education 02-03 Title V-A 02-03 Eisenhower 02-03 Class Size Reduction 02-03 Adolescent Health Partnership 02-03 Blue Ridge Technical Academy 02-03 $113,155,555 150,000 3,393,239 1,173,825 39,000 1,913,671 69,755 73,460 222,391 135,979 170,173 163,604 131,211 49 960" 397.251 35 000 150 O98 18612 26.913 35 222 21 341 75 000 35.000 1,472708 212 232 122 107 760 522 159.071 525,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. June 17,2002 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W. Room 461 P.O. Box 1220 Roanoke, VA 2400t3-1220 Telephone: (540) 1553-2824 Fax: (540) 1553-2940 The The The The The The The Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor and Members of the City Council: This report summarizes the appropriation of the following School Board grants for 2002 - 2003. $150,000 for the Title I Even Start Family Literacy Grant to provide staff and funding for parental and preschool workshops for family literacy efforts at the preschool and adult education levels. · $3,393,239 for the Title I Program to provide remedial reading, language arts and mathematics instruction for students in targeted schools. $1,173,825 for the Governor's School Program to provide instruction in science and math to high school students f~om seven feeder school districts. Local match in the amounts of $443,210 and $47,740 will be provided from accounts 030-062-6001- 6346-0588 and 030-065-6007-6998-0588, respectively. $39,000 for the Summer Youth Employment program provides training and hands-on experience for disadvantaged or handicapped youth from the inner city, with the goal of enhancing employment potential, developing employment competencies, and enabling students to earn academic credit toward high school. · $1,913,671 for the Flow Through Program to provide aid for the education and guidance of handicapped students. · $69,755 for the Child Specialty Services Program to provide funds for the salary and expenses of the educational coordinator. Honorable Mayor and Members of City Council June 17, 2002 Page 2 $73,460 for the Child Development Clinic Program to provide funds for the salary and expenses of the educational coordinator at the Clinic. $222,391 for the Juvenile Detention Home Program to provide funds for the salary and expenses of the educational coordinators. $135,979 for the Preschool Incentive Program to provide orientation and evaluation for handicapped students who will be entering the public school system for the first time during the fall. $170,173 for the Special Education Jail Program provides funds for the salary and expenses of the staff providing special education instruction and screening services to the inmates of the Roanoke City Jail. $163,604 for the Adult Basic Education Program to provide funds for the education of adults who have not completed high school. Local match in the amount of $22,700 will be provided from account 030-062-6001-6450-0588. $131,211 for the Apprenticeship Program to provide on-the-job and classroom vocational instruction for students in the apprenticeship program. $49,960 for the Jobs for Virginia Graduates Program follows the curriculum of the Jobs for America's Graduates program to provide classroom training and work experience to assist at least 25 economically disadvantaged students to prepare for high school graduation or to sit for the General Education Development (GED) examination. Assistance will be provided to the students to find employment in a job which will allow for transition from school to work. Local match in the amount of $28,960 will be provided from account 030-062-6001-6100-0204. $397,251 for the Perkins Act Program to provide funds for vocational equipment. $35,000 for the Regional Adult Education Specialist Program to provide ancillary and support services for the Adult Literacy and Basic Education Program in the planning district which includes the Cities of Roanoke, Salem, Covington and Clifton Forge and the Counties of Roanoke, Craig, Botetourt and Alleghany. $150,098 for the Regional Adult Literacy (TAP) Program to provide funds for the administration of adult literacy programs in Alleghany County, Roanoke County and the Cities of Covington, Clifton Forge and Salem. Honorable Mayor and Members of City Council June 17, 2002 Page 3 $18,612 for the General Education Development (GED) Testing Program to provide instructors for GED preparation classes and for the administration of the GED examinations. The source of funds is student fees. $26,913 for the Workplace Education Program to provide instructional programs developed with area business establishments for employees at the work sites. Programs include the development of knowledge and skills, in areas including preparation for the GED examination, reading comprehension, telephone usage, other work skills, and English as a second language. Funding for the program is provided through the assessment of fees. $35,222 for the Regional Adult Basic Education Program to provide funds for the administration of adult literacy programs in Botetourt County and Craig County. Roanoke City serves as the regional coordinating agency for Adult Basic Education. Funds pass through the school district to the jurisdictions indicated for adult literacy programs. $21,341 for the Adult Education in the Jail Program to provide for instruction to inmates in the Roanoke City Jail to aid in their acquisition of the General Education Development (GED) certificate. $75,000 for the Grants Management Program to provide funding for the operating expenses of the Office of Grants. $35,000 for the Homeless Assistance Program to provide instructional services to homeless students. $1,472,708 for the Alternative Education Program to provide alternative curriculum and training for high risk students at the Noel C. Taylor Learning Academy, with a focus on improving the total self concept of the student. Local match revenue in the amount of $1,402,082 will be provided from account 030-063-6001-6300-0588. $212,232 for the Title V-A Program to provide funds for the implementation of innovative instructional programs in the school district and to provide visiting teacher services. Local match in the amount of $27,308 will be provided from account 030- 061-6001-6000-0202. $122,107 for the Eisenhower Title II Professional Development program provides funds for the development of innovative math, science and technology teaching strategies to implement Virginia's Standards of Learning. Honorable Mayor and Members of City Council June 17, 2002 Page 4 $760,522 for Title VI Class Size Reduction initiative provides funds for the placement of twelve classroom teachers to be placed in grades one through three throughout the district to reduce class size in those grades so that they are no higher than eighteen. Local match in the amount of $145,566 will be provided from account 030-061-6001- 6000-0201. $159,071 for the Roanoke Adolescent Health Partnership to provide for medical services to the Roanoke City Schools in conjunction with the City of Roanoke Health Department and Carilion Health Systems. The program expenses are reimbursed by donations from Carilion Health Services. $525,000 for the Blue Ridge Technical Academy to provide an educational training program for students at risk of academic failure and dropping out of school. The "regional high school" will provide 200 at-risk youth with the academic competencies and technical skills required to obtain substantial employment in the local labor market by focusing on skill development in the areas of manufacturing technology, computer science and electronics, health and medical services, optics, and consumer services. The Technical Academy is chartered by the Roanoke City Public Schools, and is housed in the Roanoke Higher Education Center. Local match in the amount of $150,000 will be provided from account 030-062-6001-6143-0588. I recommend your approval of the attached budget ordinance. Sincerely, Jesse A. Hall Director of Finance JAH/TCL/pac Attachment CZ Dadene L. Burcham, City Manger William M. Hackworth, City Attorney Mary F. Parker, City Clerk E. Wayne Harris, Superintendent of City Schools Fair Housing Board City of Roanoke cio Housing & Neighborhood Services 215 Church Ave. S. W., Room 167 Roanoke, VA 24011 June 10,2002 The Honorable Mayor Ralph Smith and Members of City Council Noel C. Taylor Municipal Building 215 Church Ave. S. W. Roanoke, VA 24011 Dear Mayor Smith and Members of City Council: As chairman of the Fair Housing Board, I am requesting time on the agenda for Monday, June 17, 2002 at 2:00 p.m. to present the Board's fair housing report to you and the citizens of Roanoke. Thank you for your consideration in this matter. Sincerely, Chairman BAP/d pc: Fair Housing Board members Dolores C. Daniels, Fair Housing Administrator ROANOKE CITY'S FAIR HOUSING BOARD REPORT June 17, 2002 Fair Housing Board Members Brenda A. Powell Chair Nancy Canova Vice-Chair Robert Sparrow Reverend'l~. Feathers Grimes Creasy June 17,2002 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia In October, the Fair Housing Board presented to you copies of the study, the Analysis of the Impediments to Fair Housing, which was completed by Housing Opportunities Made Equal (HOME), Richmond, VA at the request of this Board and the City of Roanoke. At that presentation, we made two requests: Financial assistance for fair housing discrimination awareness. This has been accomplished by a grant received from the City's Community Development Block Grant, beginning July 2002 through June 2003; and Assistance from the City Attorney's office in revising our fair housing ordinance by bringing it into compliance with both the federal and state laws. This also was accomplished with many revisions and much patience by the City Attorney's office, especially with Assistant City Attorney David Collins, who met with us, listened to our concerns and then collaborated with state officials to ensure that our new ordinance would meet or exceed the needs of the Board and the citizens. This ordinance will be presented to you at a later date for your approval. In addition, we also held two public forums in December 2001 and January 2002. These forums provided citizens with an opportunity to share their concerns regarding fair housing discrimination issues and assisted this Board in prioritizing the top issues from the 42 identified impediments. We realize that some people do not know what fair housing discrimination encompasses or the effects that it can have on an entire community. The more citizens have knowledge of fair housing laws, the more they are able to benefit from the laws or learn to comply with them. The analysis of the impediments study is more than a summary of illegal acts; it is a study of the barriers to housing choice. In yesterday's Roanoke Times, an article highlighted President Bush's plan for dismantling the barriers that prevent minorities from "owning a piece of the American dream". Last month, HOME came to Roanoke for a press conference, which restated and further staked a claim that fair housing issues are indeed alive and well in the City of Roanoke and the valley (see attached copies of report). Testing was done by HOME in 2000 and 2001 regarding race based audits and accessibility audits. The results were astounding. In this new century, discrimination in housing still exists. What are the next steps? Page 2 The Fair Housing Board and the City of Roanoke must begin where most of our citizens, city administrators, board members and housing providers are - at the beginning. Housing discrimination affects the entire community and no act of discrimination is more or less significant than another. From the 42 impediments, we have identified three main areas to include in our discussion with you this afternoon. First is Education and Outreach. This is the most critical step in helping individuals understand what the fair housing laws are. This can be accomplished by the following aggressive campaign that we will begin during this next fiscal year. The Fair Housing Board with the assistance of the Fair Housing Administrator and other staff from the Housing and neighborhood Services Department will perform the following: Workshops, Training Sessions and Seminars - These will be geared towards all segments of our community, including council, city staff, fair housing board members, realtors, home builders, appraisers, developers, lenders, landlords, tenants, neighborhood leaders, youth, religious groups, citizens and other home providers and concerned individuals in our community. These workshops will be held throughout the city, including any city owned facility, housing authority property, religious facilities and any other area that would welcome our group. We will contact and encourage groups and organizations to add us to their monthly meeting agendas to help educate people on fair housing issues. We have already received a call from an apartment complex that wants to become partners with our efforts. 2. Media Blitz Campaign- This will include advertising in newspapers, on the television and radio, billboards, buses, etc. This will help keep the issue alive. Fair Housing Booklet - A comprehensive booklet will be developed to address all facets of the fair housing laws, including information on landlord- tenant rights and how some practices may be discriminatory. Conference - Work is already underway to include a session on fair housing in the 3ra Annual Housing Symposium sponsored by the Roanoke Regional Housing Network. This symposium is scheduled for Fall 2002. Fair Housing Administrator- We are requesting that Housing and Neighborhood Services continue to provide our current fair housing administrator with adequate time to carry out the projects that have been identified in this report in order for this year long campaign to be successful. Page 3 Second is Regional Cooperation. We would like for you, Mayor Smith and members of city council to begin a dialogue with our neighbors, Roanoke County, Salem and Vinton to address housing discrimination and it's impact on the quality of life for all citizens and the economic impact that it has on this valley. We must all recognize and acknowledge the need for regional cooperation to eliminate barriers to housing choice and we should actively support development of a co- operative mechanism to eradicate unfair housing practices. One such suggestion is a regional fair housing council with the ability to address fair housing issues in the valley. Third is the issue of Public Transportation. This is an important impediment that was identified in the study because severe limitations are placed on housing choice by the lack of a metropolitan area-wide public transportation system. Although this has been discussed in the past, the time to do something is now. Without adequate transportation, some citizens cannot find work that would provide them with the financial base needed to seek housing or expand their housing choices in the valley. We know that this one will take time and offer the following suggestions: ]. Hold a regional meeting of government representatives and business leaders to discuss and identify a source of funding to extend transportation, including public and paratransit into surrounding areas. 2. Conduct a regional comprehensive study or review past studies on a valley-wide transportation system. One such group is the Regional Network for Transportation, created in 1997, not currently meeting but could be the basis for beginning dialogue. 3. City should consider the ways it spend its public transportation money and should aim to use the money for buses, routes and times that attract the widest ridership or best meets ridership population. These three main areas of addressing fair housing discrimination issues in our city will increase public awareness, help eliminate impediments to fair housing, create an open housing market, improve the quality of life for many citizens and enhance the economic health of our valley. Page 4 Thank you for allowing this Fair Housing Board and Friends of the Board the opportunity to share with you and the citizens our plans for beginning the process of dismantling barriers to housing choices, here in the City of Roanoke. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: A communication from the Roanoke City School Board requesting the close out of 49 school grants, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. On motion, duly seconded and unanimously adopted, Council concurred in the request. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Sherman P. Lea, Chair, Roanoke City School Board, 1638 Lonna Drive, N. W., Roanoke, Virginia 24019 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Cindy H. Lee, Clerk, Roanoke City School Board Darlene L. Burcham, City Manager Barry L. Key, Director, Office of Management and Budget H:XAgenda.02XJunc 17, 2002 correspondence.wpd sherman P. Lea, Chairman Ruth C. Willson, Vice Chairman Charles W. Day Marsha W. Ellison Gloria P. Manns Melinda J. Payne Brian J. Wishneff E. Wayne Harris, Ed.D., Superintendent Cindy H. Lee, Clerk of the Board fRoanoke Ci~ School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951 June 17, 2002 The Honorable Ralph K. Smith, Hayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: The School Board at its June 11 meeting voted to request City Council to close-out forty-nine school grants that have been completed. Total outlays for the grants amounted to $12,793,571.62. Revenue was provided for the grants as follows: Federal funds - $7,639,089.86 State funds - $2,510,477.78 Fees and donations - $811,592.41 Local match - $1,832,411.57 The Board appreciates the approval of this request. Sincerely, Cindy H. Lee, Clerk re cc: Hr. Sherman P. Lea Dr. E. Wayne Harris Mr. Richard L. Kelley Hr. Kenneth F. Mundy Hr. William L. Hurray Mrs. Darlene Burcham Mr. William M. Hackworth Mr. Jesse A. Hall Mrs. Ann H. Shawver (with accounting details) Preparing Students for Success CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W. Room 461 P.O. Box 1220 Roanoke, VA 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 June 17, 2002 The Honorable Ralph K. Smith, Mayor The Honorable William H. Carder, Vice Mayor The Honorable William D. Bestpitch, Council Member The Honorable C. Nelson Harris, Council Member The Honorable W. Alvin Hudson, Council Member The Honorable William White, Sr., Council Member The Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: We have reviewed the attached request to close out forty-nine school grants that have been completed. Total outlays for the grants amounted to $12,793,571.62. Revenue was provided for the grants as follows: Federal funds State Funds Fees and donations Local match $ 7,639,089.86 2,510,477.78 811,592.41 1,832,411.57 I recommend that you concur with this request of the School Board. Sincerely, Jesse A. Hall Director of Finance JAH/TCL/pac Attach ments C~ Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk E. Wayne Harris, Superintendent of Schools CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 21,2002 File #53-60-467 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 35948-061702 amending and reordaining certain sections of the 2001-02 School Capital Projects Fund Appropriations, providing for appropriation of VPSA Bond funds from Fishburn Park and Fairview Elementary School renovations, in the amount of $92,700.00 to be used for installation of a limited use/limited application elevator at Ruffner Middle School; and $95,780.00 for renovation of Lincoln Terrace Saturn Network School. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc.' Dadene L. Burcham, City Manager Sherman P. Lea, Chair, Roanoke City School Board, 1638 Lonna Drive, N. W. Roanoke, Virginia 24019 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Cindy H. Lee, Clerk, Roanoke City School Board Barry L. Key, Director, Office of Management and Budget H:~genda.02Uunc 17, 2002 corrcspondcnce.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35948-061702. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 School Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 School Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~3DroDriations Education Ruffner Limited Use Elevator (1) ............................................................. Lincoln Terrace Renovation (2) ............................................................... Revenues Intergovernmental $15,030,699 VPSA Bonds - Ruffner Elevator (3) ......................................................... 92,700 VPSA Bonds - Lincoln Terrace Renovation (4) ....................................... 95,780 1) Appropriated From Literary LoanNPSA Bonds 2) Appropriated From Literary Loan/VPSA Bonds 3) VPSA Bond Funds 4) VPSA Bond Funds (031-065-6063-6896-9006) $ 92,700 (031-065-6064-6896-9006) (031-065-6063-1280) (031-065-6064-1281) 95,780 92,700 95,780 $ 25,238,375' 92,7OO 95,780 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 1 Sherman P. Lea, Chairman Marsha W. Ellison Ruth C. Willson, Vice Chairman Gloria P. Manns Charles W. Day Melinda J. Payne Roanoke City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 Brian J. Wishneff E. Wayne Harris, Ed.D., Superintendent Cindy H. Lee, Clerk of the Board · Fax: 540-853-2951 June 17, 2002 The Honorable Ralph K. Smith, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council' As the result of official School Board action at its June 11 meeting, the Board respectfully requests City Council to approve the following appropriations: · $92,700.00 from reallocated VPSA Bond funds from the Fishburn Park and Fairview renovations to be used for the installation of a limited use/limited application elevator at Ruffner Middle School. · $95,780.00 from reallocated VPSA Bond funds from the Fishburn Park and Fairview renovations to be used for the renovation of Lincoln Terrace Saturn Network School. Thank you for your attention to this request. Sincerely, Cindy H. Lee, Clerk re CC: Hr. Sherman P. Lea Dr. E. Wayne Harris Mr. Richard L. Kelley Hr. Kenneth F. Mundy Hr. William L. Hurray Mrs. Darlene Burcham Mr. William M. Hackworth Mr. Jesse A. Hall Hrs. Ann H. Shawver (with accounting details) Preparing Students for Success June 17, 2002 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W. Room 461 P.O. Box 1220 Roanoke, VA 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor William D. Bestpitch, Council Member C. Nelson Harris, Council Member W. Alvin Hudson, Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate the following: $92,700 from reallocated VPSA Bond funds from the Fishburn Park and Fairview renovations to be used for the installation of a limited use/limited application elevator at Ruffner Middle School. · $95,780 from reallocated VPSA Bond funds from the Fishburn Park and Fairview renovations to be used for the renovation of Lincoln Terrace Saturn Network School. I recommend that you concur with this request of the School Board. Sincerely, Jesse A. Hall Director of Finance JAH/TL/pac Attachment CZ Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk E. Wayne Harris, Superintendent of City Schools CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 21,2002 File #-1-38-60-83-104-162-280 Darlene L. Burcham City Manager Roanoke, Virginia Jesse A. Hall Director of Finance Roanoke, Virginia Dear Ms. Burcham and Mr. Hall: I am attaching copy of Ordinance No. 35949-061702 establishing compensation for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk as of July 31, 2002, for the fiscal year beginning July 1, 2002. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: William M. Hackworth, City Attorney Willard N. Claytor, Director, Real Estate Valuation Troy A. Harmon, Municipal Auditor Kenneth S. Cronin, Director, Human Resources H:'~Agenda.02XJunc 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35949-061702. AN ORDINANCE establishing compensation for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk as of July 31, 2002, for the fiscal year beginning July 1, 2002; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. As of July 31, 2002, for the fiscal year beginning July 1, 2002, and ending. .June 30, 2003, and for succeeding fiscal years unless modified by ordinance duly adopted by this Council, the annual salaries of Council-appointed officers shall be as follows: City Manager - City Attorney - Director of Finance - Director of Real Estate - Valuation Municipal Auditor City Clerk Current salary plus 3.0% Current salary plus 3.0% Current salary plus 3.0% Current salary plus 3.0% Current salary plus 3.0% Current salary plus 3.0% 2. Any increase in compensation due to any officer or employee under this Ordinance shall be first paid with the paycheck of July 31, 2002. 3. On and after January 1, 2003, the Director of Finance shall pay the sum of $2,000.00 per quarter year to ICMA as deferred compensation on behalf of each of the six incumbent Council-appointed officers. 4. In no calendar year shall amounts of deferred compensation contributed by the City to ICMA on behalf of the six Council-appointed officers exceed the maximum amount permitted by the Internal Revenue Code and IRS regulations to be deferred on a tax-free basis annually. 5. The Director of Finance shall be authorized, for and on behalf of the City, to execute any documents required by ICMA to implement this ordinance. 6. This ordinance shall remain in effect until amended or repealed by ordinance. duly adopted by City Council. 7. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect July 1, 2002. ATTEST: City Clerk. o-salcap.2002 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21, 2002 File #20-66-304-514 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, June 17, 2002, Council Member Wyatt referred to continuing concerns of business owners in the area of Williamson RoadfTrinkle Avenue, N. W., regarding teenagers congregating from dusk until midnight. She advised that business owners support the gating/barricading of that portion of Williamson Road to vehicular traffic, and requested that the matter be referred to the City Manager to contact the appropriate Williamson Road business owners. Sincerely, Mary F. Parke~, CMC City Clerk MFP:mh H:~,Agenda.02~June 17, 2002 correspondence.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us June 17, 2002 STEPHANIE M. MOON Deputy City Clerk SHE1LA N. HARTMAN Assistant Deputy City Clerk File #514 Daniel F. Layman, Jr., Attorney Woods, Rogers & Hazlegrove, P. L. C. P. O. Box 12125 Roanoke, Virginia 24038-4125 Dear Mr. Layman: I am enclosing copy of Ordinance No. 35950-061702 vacating, discontinuing and closing that portion of an alley extending in a westerly direction from 31st Street, N. W., between BakerAvenue and Breckinridge Avenue, for a distance of approximately 209.5 feet through the middle of property bearing Official Tax No. 2510104. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002, and will be in full force and effect ten days following the date of adoption. MFP:mh Mary F. Parker, CMC City Clerk Enclosure pc: Lightweight Block Co., Inc., P. O. Box 27211, Richmond, Virginia 23261 Mr. and Mrs. Pierre A. Goria, P. O. Box 39, McLeansville, North Carolina 27301 Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue, S. W., Roanoke, Virginia 24016 Dadene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P_ Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator H:XAgenda 02~June 11, 2002 correspondence.wpd 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. blo. 35950-061702. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, Baker Avenue Properties, Ltd., filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public heating was held on said application by the City Council on June 17, 2002, after due and timely notice thereof as required by {}30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, .it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public tight-of-way. Architectural Review Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning~ci.roanoke.va.us June 17,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Request from Baker Avenue Properties, Ltd., represented by Daniel F. Layman, Jr., attorney, that a portion of an alley extending in a westerly direction from 31st Street, N.W., between Baker Avenue, N.W., and Breckinridge Avenue, N.W., for a distance of approximately 209.5 feet, through the middle of property bearing Official Tax No. 2510104, be permanently vacated, discontinued and closed. Planning Commission Action: Public hearing was held by the Planning Commission on May 16, 2002. The Commission voted 6-0 (Mr. Campbell absent) to recommend approval of the requested closure. Background' The portion of alley requested for closure lies in a redevelopment area. Recently, the Roanoke Redevelopment and Housing Authority Board of Commissioners voted to discontinue it as such, but an official amendment has yet to be processed. The alley that the Petitioner requests a portion of to be closed is entirely unimproved. Both the Petitioner's attorney and staff explained to the Planning Commission that this unimproved portion of alley splits the Petitioner's property and closure of it will reduce impediments for development. The Planning Commission did not direct any questions to the Petitioner's attorney or staff. Considerations: All of the parcels that adjoin the alley are zoned HM, Heavy Manufacturing. All of these parcels are vacant with th~ exception of tax map number 25!0102, which is classified as a wholesale operation of machinery, equipment and supplies by the Department of Real Estate Valuation. The portion of alley requested for closure splits the petitioner's property, Official Tax Map Number 2510104. American Electric Power advised that it has facilities in the area and would need to maintain an easement in the alley. All of the parcels adjoining the alley are accessible via Baker and Breckenridge Avenues. City Council is authorized to sell this vacated portion of alley, if it so chooses. Section 15.2-2008 of the Virginia Code (1950), as amended, authorizes a City to require an abutting property owner to purchase the vacated right-of-way as a condition of the vacation. Under such an arrangement, the price may be no greater than the property's fair market value or its contributory value to the abutting property, whichever is greater, or the amount agreed to by the parties. The Department of Real Estate Valuation quoted the valuation range for this 3,142 square foot portion of alley as $1,250 - $1,575, based on a rate of $.40 - $.50 per square foot. Staff does not recommend that the applicant be required to pay for the portion of alley. Recommendation: The Planning Commission, by a vote of 6-0 (Mr. Campbell absent) recommended approval of the closure contingent upon the items listed below. The portion of alley in question divides the Petitioner's parcel and has no utilitarian value to the City. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise dispose of the land within the right of way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. CC: Respectfully submitted, Robert B. Manetta, Chairman City of Roanoke Planning Commission Darlene L. Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Dan Layman, Attorney for the Petitioner VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE In re: VACATION OF PART OF AN ALLEY ) EXTENDING FROM 3 1sT STREET, N.W. ) BETWEEN BAKER AVENUE, NW, ) AND BRECKINRIDGE AVENUE, NW, ) IN THE CITY OF ROANOKE, VIRGINIA ) TO: The Honorable Mayor and Members of City Council APPLICATION OF BAKER AVENUE PROPERTIES, LTD. (1) Baker Avenue Properties, Ltd. ("Petitioner") applies to have a portion of an alley extending in a westerly direction from 31't Street, N.W. between Baker Avenue, N.W., and Breckinridge Avenue, N.W., in the City of Roanoke, Virginia, permanently vacated, discontinued, and closed pursuant to Section 15.2-2006, Code of Virginia, and Section 30-14, Code of the City of Roanoke (1979), both as amended. The alley to be closed is fifteen (15) feet wide and hms in an east-to-west direction for a distance of approximately 209.5 feet through the middle of the parcel bearing City of Roanoke Official Tax Number 2510104, which is owned by Petitioner. The area to be closed is shown cross-hatched on the copy of a portion of Appraisal Map Sheet attached to this Application as Exhibit A. (2) The portion to be closed is part of an alley which runs from 3 l't Street, N.W. in a westerly direction through the middle of Blocks 1, 2 and 3 of the P. T. Trout Addition, dead- ending at the west boundary of Petitioner's property. This alley is not open on the ground at any point. Indeed, 31't Street itself is not open either, so that there is no existing access to the alley. RKE# 0744187.WPD- (3) Petitioner wishes to unify its property xvhich is split by the alley so that it may be developed, necessitating that this portion of the alley be closed. (4) The alley is bordered on each side entirely by property owned by the Petitioner and by Lightweight Block Co., Inc. The parcel at the west end of the alley has frontage on Baker Avenue, N.W. and does not require the alley to provide access. The names and addresses of these affected owners are attached to this petition on Exhibit B. WHEREFORE, Baker Avenue Properties, Ltd. respectfully requests that the above- described alley portion be vacated, discontinued and closed by the Council of the City of Roanoke in accordance with Section 15.2-2006, Code of Virginia, and Section 30-14, Code of the City of Roanoke, both as amended to date. Date: Woods, Rogers & Hazlegrove, P.L.C. P. O. Box 14125 Roanoke, VA 24038 (703) 983-7653 Counsel for Petitioner .By PROPERTIES, LTD. RKE# 0744187.WPD- 2 I I Exhibit B Property, Owners Affected by the Requested Alley Closing Owner of Parcels bearing Official Tax Numbers 2510106-2510117: Lightweight Block Co., Inc. P. O. Box 565048 Dallas, TX 75356 Owners of Parcel beating Official Tax Number 2510102: Pierre A. and Carolyn E. Goria P. O. Box 39 McLeansville, NC 27301 Petitioner owns the Parcel bearing Official Tax Number 2510105 RKE# 0744187.WPD- 3 Legal Description of Alley to be Closed Baker Avenue Properties, Ltd. Beginning at a point marked by an iron pin on the south right of way line of Baker Avenue, NW, 694.43 feet west of its intersection with 3 1st Street, NW; thence leaving Baker Avenue S. 5 degs. 53 rains. 53 secs. E. 216.85 feet to the a point on the north right of way line of an unopened 15-foot alley, the ACTUAL POINT OF BEGINNING; thence with the west end of the alley S. 5 degs. 53 mins. 53 secs. E. 10.08 feet to a point on the south right of way line of the alley; thence with the alley N. 76 degs. 57 mins. E. 209.50 feet to a point, comer to Lot 7, P. T. Trout Addition; thence crossing the alley N. 59 degs. E. 10.08 feet to a point in the north right of way line of the alley, comer to Lot 6, P. T. Trout Addition; thence with the alley S. 76 degs. 57 mins. W. 209.50 feet to the Actual Point of Beginning; and being the portion of said alley which runs through the approximate center of the 1.767-acre tract bearing City of Roanoke Official Tax No. 2510104. RKE# 0744437.WP0- MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 i-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us June 3,2002 File #514 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Daniel F. Layman, Jr., Attorney Woods, Rogers & Hazlegrove, P. L. C. P. O. Box 12125 Roanoke, Virginia 24038-4125 Dear Mr. Layman: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, Apdl 6, 1981, I have advertised a public hearing for Monday, June 17, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on the request of Baker Avenue Properties, Ltd., that a portion of an alley extending in a westedy direction from 31st Street, N. W., between Baker Avenue and Breckinridge Avenue, for a distance of approximately 209.5 feet through the middle of property bearing Official Tax No. 2510104, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a report of the City Planning Commission, a notice of the public hearing and an Ordinance. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning, Building and Development at 540-853-1730. It will be necessary for you, or your representative, to be present at the June 17 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-I 145 E-mail: clerk@ci.roanoke.va.us June 3,2002 File #514 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Lightweight Block Co., Inc. P. O. Box 27211 Richmond, Virginia 23261 Mr. and Mrs. Pierre A. Goria P. O. Box 39 McLeansville, North Carolina 27301 Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, June 17, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on the request of Baker Avenue Properties, Ltd., that a portion of an alley extending in a westerly direction from 31st Street, N. W., between Baker Avenue and Breckinridge Avenue, for a distance of approximately 209.5 feet through the middle of property bearing Official Tax No. 2510104, be permanently vacated, discontinued and closed. The City Planning Commission is recommending that Council approve the request for alley closure. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ................................................... DANIEL F. LAYMAN, JR P. O. BOX 14125 ROANOKE VA 24038 REFERENCE: 80038338 01915124 31st St./Baker Ave. State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the followin9 dates: City/County of Roanoke, Commonwealth/State of Virginia. 3~ Sworn and subscribed before me this __ day June and official seal. , Notary Public My commission expires ..... _~._~_~_!L___~_~_~. PUBLISHED ON: 05/31 06/07 TOTAL COST: 225.72 FILED ON: 06/11/02 TO WHOM IT MAY CONCERN: Roanoke wtll hold I Publio sueZ, l 7:00 p.m., or me loon bet In the NoM C. Taylor Munlo. Ip~,l BulldlniL 215 Church ,Avenue, $.W.. on an appllca- 11~t certain pmtlon of an alley extending In a westedy direc. ,on from 31.t SU#t, N.W., bstw~. ~ Ay. hue, ..W., ..~ .mckm,~, Avert.e.N.W., 209.5 feet, ~ the ~nana~Me n)~ pubic in~ I~oom 456 Noel ¢. Ta~or Mun elpM Bu#dln& A/I pm'Ue~ in interest may appear on ~he ~he question. If you are a per- son with a dliabtl~ who need~ ~ contact the uradaY, June ~, 2009. Authorized _~~_~_ Signature: ....... , Billin9 Services Representative II NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Heating on Monday, June 17, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in said public right-of-way, the following public tight-of-way: That certain portion of an alley extending in a westerly direction from 31st Street, N.W., between Baker Avenue, N.W., and Breckinridge Avenue, N.W., for a distance of approximately 209.5 feet, through the middle of property beating Official Tax No. 2510104. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this public heating, contact the City Clerk's Office, 853-2541, by Thursday, June 13, 2002. GIVEN under my hand this28th day of I~lay ,2002. Mary F. Parker, City Clerk. H:~NOTICES~q-CloseAIleyBakerProp-PH-061702.wpd NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, May 16, 2002, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from Baker Avenue Properties, Ltd., represented by Daniel F. Layman, Jr., attorney, that a portion of an alley extending in a westerly direction from 31st Street, N.W., between Baker Avenue, N.W., and Breckinridge Avenue, N.W., for a distance of approximately 209.5 feet, through the middle of property bearing Official Tax No. 2510104, be permanently vacated, discontinued and closed. A copy of said application is available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary City of Roanoke Planning Commission Please print in newspaper on Tuesday, April Please bill Daniel F. Layman, Esquire Woods, Rogers, Hazlegrove P O Box 14125 Roanoke, VA 24038 (540) 983-7653 30 and May 7, 2002. Please send affidavit of publication to: Department of Planning Building & Dev. Room 166, Municipal Building Roanoke, VA 24011 (540) 853-1730 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE CLOSURE REQUEST OF: Baker Avenue Properties, Ltd, for an alleyway running between property on Baker Avenue, N.W., designated as Official Tax No. 2510104 COMMONWEALTH OF VIRGINIA ) TO-WIT: CITY OF ROANOKE ) ) AFFIDAVIT ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 16th day of April, 2002, notices of a public hearing to be held on the 16th day of May, 2002, on the application captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name 2510112 Lightweight Block Co., Inc. Mailing Address P O Box 27211 Richmond, VA 23261 3002 Shenandoah Ave., NW Roanoke, VA 24017 P O Box 39 McLeansville, NC 27301 2510102 Pierre A. and Carolyn E. Goria Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 16th day of April, 2002. Notary Public- My Commission expires: ~.~, ~.~'~. \ MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va, us April 4, 2002 File #514 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Robert B. Manetta, Chairperson City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on April 4, 2002, from Daniel F. Layman, Jr., Attorney, representing Baker Avenue Properties, Ltd., requesting that a portion of an alley extending in a westerly direction from 31st Street, N. W., between Baker Avenue and Breckinridge Avenue, being 15 feet wide and running in an east-to-west direction for a distance of approximately 209.5 feet through the middle of the parcel bearing Official Tax No. 2510104, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosures 0 Q.~ X 0 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.manoke.va.us June 21,2002 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Edward G. Murphy, M. D., President Carilion Medical Center 213 South Jefferson Street, Suite 720 Roanoke, Virginia 24011 Dear Mr. Murphy: I am enclosing copy of Ordinance No. 35951-061702 rezoning six parcels of land lying on the south side of Jefferson Street, S. E., between the Norfolk Southern right-of-way and the Roanoke River, bearing Official Tax Nos. 4040501-4040503, inclusive, and 4040506- 4040508, inclusive, from HM, Heavy Manufacturing District, to INPUD, Institutional Planned Unit Development District, subject to certain proffered conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017-5334 Norfolk and Southern Corporation, 110 Franklin Road, S. E.. Roanoke, Virginia 24011 Kathy Hill, President, Riverland Alert Neighbors, 540 Arbor Avenue, S. E. Roanoke, Virginia 24014 Mr. Peter White and Mr. Frank Smith, Neighbors in South Roanoke, 2615 Rosalind Avenue, S. W., Roanoke, Virginia 24014 H:XAgenda.02~lunc 17, 2002 corrcspondcncc.wpd Edward G. Murphy, M. D., President June 21, 2002 Page 2 pc~ Mr. Mark Petersen, Southeast Action Forum, 1210 Penmar Avenue, S. E., Roanoke, Virginia 24013 Mr. Bobby Meadows, Historical Belmont Preservation Association, 410 Bullitt Avenue, S. E., Roanoke, Virginia 24013 Ms. Christine Proffit, Historical Belmont Preservation Association, 424 Bullitt Avenue, S. E., Roanoke, Virginia 24013 Robert B. Marietta, Chair, City Planning Commission, 2831 Stephenson Avenue, S. W., Roanoke, Virginia 24016 Darlene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Willard N. Claytor, Di~'ector, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney H:~Agenda.02Uune 17, 2002 correspondence.wpd 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35951-061702. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 404, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, the Carilion Medical Center and City of Roanoke Redevelopment and Housing Authority, have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from HM, Heavy Manufacturing District, to INP~, Institutional Planned Unit Development 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 June 17, 2002, 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 H:\ORD fNANC ES\O- RE.ZCAR~L[ONRRHAHMTOFN PUD DOC WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 404 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Six parcels of land lying in the City of Roanoke, on the south side of Jefferson Street, S.E. and lying between the Norfolk Southern right-of-way and the Roanoke River bearing Official Tax Map Nos. 4040501, 4040502, 4040503, 4040506, 4040507 and 4040508, be, and are hereby rezoned from HM, Heavy Manufacturing District to INPUD, Institutional Planned Unit Development District, subject to the proffers contained in the Second Amended Petition filed in the Office of the City Clerk on May 31, 2002, and that Sheet No. 404 of the Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:\ORDINANCES\O- REZCARILIONRRHa~ffMTOiNTUD DOC CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1'730 Fax: (540) 853-1230 E-mail: planning~ci, roanoke.va.us Architectural Review Board Board of Zoning Appeals Planning Commission June 17,2002 Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor William D. Bestpitch, Council Member C. Nelson Harris, Council Member W. Alvin Hudson, Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Request from Carilion Medical Center and the City of Roanoke Redevelopment and Housing Authority that Official Tax Nos. 4040501,4040502, 4040503, 4040506, 4040507 and 4040508, on the south side of Jefferson Street, S. E., lying between the Norfolk Southern right-of-way and the Roanoke River, and containing 7.565 acres, more or less, be rezoned from HM, Heavy Manufacturing District, to INPUD, Institutional Planned Unit Development District, such rezoning to be subject to certain conditions proffered by the petitioner. Planning Commission Action: Planning Commission public hearing was held on May 16, 2002. By a vote of 5- 0-1 (Mr. Campbell absent and Mr. Manetta abstaining), the Planning Commission recommended approval of the rezoning request. Background: The South Jefferson Redevelopment Plan was approved by City Council on March 19, 2001~ The South Jefferson Redevelopment Area, located east of the Roy L. Webber Expressway, west of the Roanoke River, south of the Elm Avenue interchange with Interstate 581, and north of Wiley Drive, is expected to provide up to two million square feet of building space, attract up to $300 million in private capital expenditures, and provide up to 2,500 new, technical jobs for the region. The Plan identified three general areas for redevelopment: (1) the Jefferson Street Corridor, (2) Campus and Institutional area in the vicinity of Reserve Avenue, and (3) the Crossing, in the vicinity of railroad development and warehouses. Four classifications of land uses were identified: institutional mixed use (i.e. research, biomedical and support uses), commercial support use (i e. office, business support), commercial and residential mixed use (i.e. flexible, combination business and residential space), and public use (i.e. greenways and open space). Public improvements are proposed, including upgraded transportation corridors, new public open spaces, and improved interstate access. Riverside Centre for Research and Technology, an institutional mixed-use complex, is proposed for the Jefferson Street/Reserve Avenue corridor. Phase 1 of this facility includes the construction of a parking garage and support services east of Jefferson Street toward the Roanoke River on approximately 7.5 acres. Initially, these facilities will serve Carillon Roanoke Memorial Hospital, but in the future their use will be expanded for the proposed Carilion Biomedical Institute, a planned facility for Riverside Centre. Planning Commission public hearing was held on May 16, 2002. Mr. Manetta and Mr. Christoledues, representing Carilion presented the request to the Commission. Staff report was given by Mr. Chittum, who recommended approval of the requested rezoning. There was no one present in the audience in opposition to or in favor of the request. A Second Amended Petition to rezone from HM, Heavy Manufacturing District, to InPUD, Institutional Planned Unit Development District, was filed on May 31,2002. The petitioner proffers the following conditions: The development of the property shall be in substantial conformity with the attached approved institutional development plan, entitled Site Development Plans Carilion Roanoke Memorial Hospital CRMH/CBI (Riverwalk) Parking Deck, prepared by Mattern and Craig, dated May 9, 2002, which is attached as Exhibit C, subject to any changes required by the City during any subsequent plan amendment process. The petitioner, Carilion Medical Center, shall remove the existing section of Reserve Avenue, east of Jefferson Street, including the existing at- grade railroad crossing, and shall dedicate as public right-of-way and complete construction of the new section of Reserve Avenue and the proposed right-of-way between Reserve Avenue and Belleview Avenue, as shown on Exhibit C, to the satisfaction of the City Manager within two (2) years of the transfer of title and possession of Official Tax Numbers 4040301,4040303 and 4040306 to the City of Roanoke Redevelopment and Housing Authority. The removal of the existing section of Reserve Avenue, east of Jefferson Street, including the existing at-grade railroad crossing, shall be subject to City Council's closure of such right-of-way, and the Petitioner, Carilion Medical Center shall petition for the vacation of such right-of-way prior to such removal. Prior to the opening of the Pedestrian Bridge, as shown on Exhibit C, the Petitioner, Carilion Medical Center, shall construct at its cost, improvements on Belleview Ave. including a traffic signal and new pedestrian crossing subject to the approval of the City's Traffic Engineer. 2 Considerations: Institutional Planned Unit Development District is intended to encourage the harmonious development of institutional uses and mixed use campus developments while providing flexibility for creative development, minimizing impacts on neighboring uses, and recognizing special relationships of the institutional land uses and activities. Parking garages, daycare facilities, and office uses are permitted land uses within an InPUD district. The site development plan has been approved and submitted as part of the Seconded Amended Petition. Currently, three buildings are proposed for the site: a 1,000 space parking garage, a day care center, and a credit union. The location and size of the parking garage structure are specified on the plan. The petitioner has indicated that the general location and size of the day care and credit union building have not been finalized. The proposed development meets all development standards established for the InPUD district. The proposed development has a proposed floor area ratio of 0.9 (maximum of 10 allowed) and will provide 45% open space (10% minimum required). The height of the proposed garage will be 48 feet; other facilities are lower in height. No residential zoning or uses adjoin the development. There is no outdoor storage proposed and parking will be provided in the garage in addition to some surface parking for the proposed day care and credit union. Access to the proposed development will be via a bridge at Belleview Avenue and by an entrance road from Reserve Avenue at its intersection with Jefferson Street. The City Traffic Engineer recommended the following design features to provide for safe pedestrian and traffic management: (1) configure the parking structure to prevent vehicles from stopping on the railroad tracks and install signs and other safety measures at the railroad crossing;(2) relocate the railroad tracks to create a perpendicular crossing at Jefferson Street and Reserve Avenue;(3) provide a pedestrian sidewalk on the access bridge or provide a separate public pedestrian bridge that meets state standards; and (4) install a signal for pedestrians at Belleview Avenue. Norfolk Southern advised in a letter to Carilion, dated April 2, 2002, that it wished to have: (1) the garage designed to have safe, unobstructed traffic flow, (2) an attendant on duty during morning peak traffic, (3) installation of railroad crossing signs, and (4) removal and relocation of the existing railroad crossing. Norfolk Southern requested that these items be included as proffered conditions. Staff believes that, with the exception of the attendant, these items have been addressed in the revised petition. A revised plan that incorporates the recommended traffic management measures has been submitted and approved. Because of the differences in grade, the new alignment of Reserve Avenue depends on the abandonment of the rail siding used by Roanoke City Mills. This contingency is reflected in the second proffered condition. The proposed development area is located within the 100-year floodplain. The site and buildings will be developed in accordance with adopted floodplain regulations. 3 The South Jefferson Redevelopment Plan was found to be in accordance with the City's Comprehensive Plan (March 2001). Vision 2001-2020 Comprehensive Plan specifically recommends the following: Economic base. Roanoke will have a sustainable, diverse economic base that supports target industries in biotechnology, optics, information technology/ software, transportation related manufacturing and services and supporting business services. Industrial development. Underutilized and vacant industrial sites will be evaluated and redevelopment encouraged. Local policies and incentives and state economic incentives will strengthen the businesses and industries in the Enterprise Zones and provide jobs. · Development Opportunities: the plan identifies the area as a commercial and industrial development opportunity. Recommendation: By a vote of 5-0-1 (Mr. Campbell absent and Mr. Manetta abstaining), the Planning Commission recommended approval of the rezoning request. The proposed development is in accordance with the comprehensive plan in that it will support development of a sustainable, diverse economic base and redevelops an underutilized industrial site. Respectfully submitted, Richard A. Rife, Vice Chairman City of Roanoke Planning Commission attachment cc: Dadene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City ^ttorney Edward G. Murphy, MD, President, Carillon Medical Center John P. Baker, Executive Director, RRH^ 4 SECOND AMMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of six (6) parcels of land lying in the City of Roanoke, on the south side of Jefferson Street S.E. and lying between the Norfolk Southern right-of-way and the Roanoke River bearing City of Roanoke Official Tax No. 4040501, 4040502, 4040503, 4040506, 4040507, and 4040508 ("Property") containing 7.565 acres, more or less, from HM, Heavy Manufacturing District to INPUD, Institutional Planned Unit Development District, subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Carilion Medical Center is the owner of the parcels having the Official Tax No. 4040501, 4040502, 4040506, and 4040508 ("Carilion Parcels") and City of Roanoke Redevelopment and Housing Authority is owner of the parcels having the Official Tax No 4040503 and 4040507 ("RRHA Parcels") which constitutes most of the real estate commonly identified as lA in the South Jefferson Redevelopment Plan. Said Parcels are currently zoned HM, Heavy Manufacturing District. A map of the Property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the Property be rezoned from HM, Heavy Manufacturing District to INPUD, Institutional Planned Unit Development District. This rezoning will be subject to certain conditions proffered by the Petitioners. The Petitioners believe that the rezoning of the said Property will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan and that it will promote the development of this existing industrial site, thereby ensuring a strong and diversified economic base while maintaining the neighborhood character of the nearby existing residential area. Further, Petitioners believe that the proposed development as described herein and as indicated on the Institutional Development Plan is in conformity with the Redevelopment Plan for the South Jefferson Redevelopment Area which Council has found, by its adoption, on March 19, 2001, of Resolution No. 35248-03191, being substantially in accord with City's comprehensive plan. Upon the completion of the rezoning, it is the intention of Carilion and the City of Roanoke Redevelopment and Housing Authority to develop on the Property a parking garage, day care center and office space for a financial institution. Attached as Exhibit B 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 Property to be rezoned. In requesting this rezoning, the Petitioners voluntarily proffer and agree to the following conditions: The development of the Property shall be in substantial conformity with the attached approved institutional development plan, entitled Site Development Plans Carflion Roanoke Memorial Hospital CRMH/CBI (Riven/va/k) P~rking Deck, prepared by Mattern and Craig, dated May 9, 2002, which is attached as Exhibit C, subject to any changes approved by the City during any subsequent plan amendment process. The Petitioner, Carilion Medical Center, shall remove the existing section of Reserve Avenue, east of Jefferson Street, including the existing at-grade railroad crossing, and shall dedicate as public right-of-way and complete construction of the new section of Reserve Avenue and the proposed right-of-way between Reserve Avenue and Belleview Avenue, as shown on Exhibit C, to the satisfaction of the City Manager within two (2) years of the transfer of title and possession Official Tax Numbers 4040301,4040303,and 4040306 to the City of Roanoke Redevelopment and Housing Authority. The removal of the existing section of Reserve Avenue, east of Jefferson Street, including the existing at-grade railroad crossing, shall be subject to City Council's closdre of such right-of-way, and the Petitioner, Carilion Medical Center shall petition for the vacation of such right-of-way prior to such removal. 3. Prior to the opening of the Pedestrian Bddge, shown on Exhibit C, the Petitioner, Cadlion Medical Center, shall construct at its 2 cost improvements on Belleview Ave. including a traffic signal and new pedestrian crossing subject to the approval of the City's Traffic Engineer. WHEREFORE, the Petitioners request that the above-described parcel of land be rezoned as requested in accordance with the provisions of the Zoning Ordinance. Respectfully submitted this DOb( day of May 2002. Carilion Medical Center (Owner:., ~,Carili~~ By: ...~, Edward G Murp~~ · ~,, M. I~., I~res~ent 213 S. Jefferson Street, Suite 720 Roanoke, Virginia 24011 (540 981 7831) City of Roanoke Redevelopment and Housing Authority (Owner: RRHA Parcels) J ° h n ~'u rEn~;eU~i~4.e wD i~ect° r 2624 Roanoke, Virginia 24017-5334 (540 983 9241 ) 3 EXHIBIT B OWNER Railroad: Norfolk Southern Corporation Real Estate Department 110 Franklin Road SE Roanoke, Virginia 24042 P:~WORD~eaIE,~Iat~ARCEL NO garage.doc Agent. Planning Zu,.~ng ~Y ~l~OII ~ ~ ,f9,: ,,'..~;: - ~," 'J ruth the I Agent to i [il~ illll tiI II I III ~ ,,~ IlJlltllllllllJl ~ Il, Ill : I , l ~' IIII I t iI I' ! I / I I JwlllJ IJ-JJJ il~JJ J~l: j IJili MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us June 3, 2002 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Robert B. Marietta, Chairperson City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended petition received in the City Clerk's Office on May 31, 2002, from Edward G. Murphy, M. D., President, representing Carilion Medical Center, requesting that six parcels of land lying on the south side of Jefferson Street, S. E., and lying between the Norfolk Southern right-of-way and the Roanoke River, bearing Official Tax Nos. 4040501-4040503, inclusive, and 4040506-4040508, inclusive, and containing 7.565 acres, more or less, be rezoned from HM, H~avy Manufacturing District, to INPUD, Institutional Planned Unit Development District, subject to certain proffered conditions. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosures H:LRezoning 02.(remow acting)\Caril~on Medxcal Center. Rezoning.amended wpd Robe~ B. Manetta June 3,2002 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward G. Murphy, M. D., President, Carilion Medical Center, 213 South Jefferson Street, Suite 720, Roanoke, Virginia 24011 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney H:LRezoning.02.(remove acting)\Carilion Medical Center. Rezoning.amended.wpd SECOND AMMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of six (6) parcels of land lying in the City of Roanoke, on the south side of Jefferson Street S.E. and lying between the Norfolk Southern right-of-way and the Roanoke River bearing City of Roanoke Official Tax No. 4040501, 4040502, 4040503, 4040506, 4040507, and 4040508 ("Property") containing 7.565 acres, more or less, from HM, Heavy Manufacturing District to INPUD, Institutional Planned Unit Development District, subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Carilion Medical Center is the owner of the parcels having the Official Tax No. 4040501, 4040502, 4040506, and 4040508 ("Carilion Parcels") and City of Roanoke Redevelopment and Housing Authority is owner of the parcels having the Official Tax No 4040503 and 4040507 ("RRHA Parcels") which constitutes most of the real estate commonly identified as lA in the South Jefferson Redevelopment Plan. Said Parcels are currently zoned HM, Heavy Manufacturing District. A map of the Property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the Property be rezoned from HM, Heavy Manufacturing District to INPUD, Institutional Planned Unit Development District. This rezoning will be subject to certain conditions proffered by the Petitioners. The Petitioners believe that the rezoning of the said Property will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan and that it will promote the development of this existing industrial site, thereby ensuring a strong and diversified economic base while maintaining the neighborhood character of the nearby existing residential area. Further, Petitioners believe that the proposed development as described herein and as indicated on the Institutional Development Plan is in conformity with the Redevelopment Plan for the South Jefferson Redevelopment Area which Council has found, by its adoption, on March 19, 2001, of Resolution No. 35248-03191, being substantially in accord with City's comprehensive plan. Upon the completion of the rezoning, it is the intention of Carilion and the City of Roanoke Redevelopment and Housing Authority to develop on the Property a parking garage, day care center and office space for a financial institution. Attached as Exhibit B 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 Property to be rezoned. In requesting this rezoning, the Petitioners voluntarily proffer and agree to the following conditions: The development of the Property shall be in substantial conformity with the attached approved institutional development plan, entitled Site Development Plans Carillon Roanoke Memorial Hospital CRMH/CBI (Riverwalk) Parking Deck, prepared by Mattern and Craig, dated May 9, 2002, which is attached as Exhibit C, subject to any changes approved by the City during any subsequent plan amendment process. The Petitioner, Carilion Medical Center, shall remove the existing section of Reserve Avenue, east of Jefferson Street, including the existing at-grade railroad crossing, and shall dedicate as public right-of-way and complete construction of the new section of Reserve Avenue and the proposed right-of-way between Reserve Avenue and Belleview Avenue, as shown on Exhibit C, to the satisfaction of the City Manager within two (2) years of the transfer of title and possession Official Tax Numbers 4040301,4040303,and 4040306 to the City of Roanoke Redevelopment and Housing Authority. The removal of the existing section of Reserve Avenue, east of Jefferson Street, including the existing at-grade railroad crossing, shall be subject to City Council's closure of such right-of-way, and the Petitioner, Carilion Medical Center shall petition for the vacation of such right-of-way prior to such removal. 3. Prior to the opening of the Pedestrian Bridge, shown on Exhibit C, the Petitioner, Carilion Medical Center, shall construct at its 2 cost improvements on Belleview Ave. including a traffic signal and new pedestrian crossing subject to the approval of the City's Traffic Engineer. WHEREFORE, the Petitioners request that the above-described parcel of land be rezoned as requested in accordance with the provisions of the Zoning Ordinance. Respectfully submitted this 30b( day of May 2002. Carilion Medical Center (Owner: Carili~~ 213 S. Jefferson Street Roanoke, Virginia 2401 (540 981 7831) .,~e~I nt Suite 720 City of Roanoke Redevelopment and Housing Authority (Owner: RRHA Parcels) By: /~~ J ° h n ~~ rE~l~eUli~e, wDi~ect° r2624 Roanoke, Virginia 24017-5334 (540 983 9241 ) § oz ~ ~-0 o ~ EXHIBIT B OWNER Railroad: Norfolk Southern Corporation Real Estate Department 110 Franklin Road SE Roanoke, Virginia 24042 P:~WORI:)~ReaiEs~at~PARCEL NO ga'age.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk May 16, 2002 File #51 Robert B. Manetta, Chairperson City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition received in the City Clerk's Office on May 16, 2002, from Edward G. Murphy, M. D., President, representing Carilion Medical Center, requesting that six parcels of land lying on the south side of Jefferson Street, S. E., and lying between the Norfolk Southern right-of-way and the Roanoke River, bearing Official Tax Nos. 4040501-4040503, inclusive, and 4040506-4040508, inclusive, and containing 7.565 acres, more or less, be rezoned from HM, Heavy Manufacturing District, to INPUD, Institutional Planned Unit Development District, subject to certain proffered conditions. MFP:mh Enclosures ~'~~ ¢'Sincerely' Mary F. Parker, CMC City Clerk NSCKMHl\Rezoning.02.(remove acting)'\Carilion Medical Center. Rezoning.amended. wpd RobeA B. Manetta May 16,2002 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward G. Murphy, M. D., President, Carilion Medical Center, 213 South Jefferson Street, Suite 720, Roanoke, Virginia 24011 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:\CKMHl\Rezoning.02.(remove acting)\Carilion Medical Center. Rezoning.amended.wpd FIRST AMMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of six (6) parcels of land lying in the City of Roanoke, on the south side of Jefferson Street S.E. and lying between the Norfolk Southern right-of-way and the Roanoke River bearing City of Roanoke Official Tax No. 4040501, 4040502, 4040503, 4040506, 4040507, and 4040508 ("Property") containing 7.565 acres, more or less, from HM, Heavy Manufacturing District to INPUD, Institutional Planned Unit Development District, subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Carilion Medical Center is the owner of the parcels having the Official Tax No. 4040501, 4040502, 4040506, and 4040508 ("Carilion Parcels") and City of Roanoke Redevelopment and Housing Authority is owner of the parcels having the Official Tax No 4040503 and 4040507 ("RRHA Parcels") which constitutes most of the real estate commonly identified as lA in the South Jefferson Redevelopment Plan. Said Parcels are currently zoned HM, Heavy Manufacturing District. A map of the Property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the Property be rezoned from HM, Heavy Manufacturing District to INPUD, Institutional Planned Unit Development District. This rezoning will be subject to certain conditions proffered by the Petitioners. The Petitioners believe that the rezoning of the said Property will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan and that it will promote the development of this existing industrial site, thereby ensuring a strong and diversified economic base while maintaining the neighborhood character of the nearby existing residential area. Further, Petitioners believe that the proposed development as described herein and as indicated on the Institutional Development Plan is in conformity with the Redevelopment Plan for the South Jefferson Redevelopment Area which Council has found, by its adoption, on March 19, 2001, of Resolution No. 35248-03191, being substantially in accord with City's comprehensive plan. Upon the completion of the rezoning, it is the intention of Carilion and the City of Roanoke Redevelopment and Housing Authority to develop on the Property a parking garage, day care center and office space for a financial institution. Attached as Exhibit B 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 Property to be rezoned. In requesting this rezoning, the Petitioners voluntarily proffer and agree to the following conditions: The development of the Property shall be in substantial conformity with the attached approved institutional development plan, entitled Site Development Plans Carillon Roanoke Memorial Hospital CRMH/CBI (Riverwalk) Parking Deck, prepared by Mattern and Craig, dated May 5, 2002, which is attached as Exhibit C, subject to any changes required by the City during the plan review process. 2 The removal of the existing section of Reserve Avenue east of Jefferson street including the existing at-grade railroad crossing and the construction of the new section of Reserve Ave. and the new at grade railroad crossing as shown Exhibit C shall be accomplished when the owner of the Roanoke City Mills abandons the two railroad sidings servicing that mill. 3 Prior to the opening of the Pedestrian Bridge, the construction of improvements on Belleview Ave. including a traffic signal and new pedestrian crossing subject to the approval of the city's traffic engineer. 2 WHEREFORE, the Petitioners request that the above-described parcel of land be rezoned as requested in accordance with the provisions of the Zoning Ordinance. Respectfully submitted this ~/k,~ay of May 2002. Carilion Medical Center (Owner: Carilion Parcels) Edward G Murpl~y, ~ D., Pr~(~ident ' 213 S. Jefferson Street, Suite 720 Roanoke, Virginia 24011 (540 981 7831) 3 City of Roanoke Redevelopment and Housing Authority (Owner: RRHA Parcels) By: __~ John P. ctor 2624 Sa~e,.~ L, rnpike, N. W. Roanoke, Virginia 24017-5334 (540 983 9241 ) 4 ii ii EXHIBIT B OWNER Railroad: Norfolk Southern Corporation Real Estate Department 110 Franklin Road SE Roanoke, Virginia 24042 P:\WORD\RealEstate~PARCEL NO garage.doc NOTICE OF PUBLIC HEARING BEFORE THE CITY OF RoANoKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, May 16, 2002, at 1:30 p.m., or as soon as the matter maybe heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from Carilion Medical Center and City of Roanoke Redevelopment and Housing Authority that Official Tax Nos. 4040501, 4040502, 4040503, 4040506, 4040507 and 4040508, on the south side of Jefferson Street, S.E., lying between the Norfolk Southern right-of-way and the Roanoke River, and containing 7.565 acres, more or less, be rezoned from HM, Heavy Manufacturing DiStrict, to INPUD, Institutional Planned Unit Development 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 Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter, if. you are a person who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary City of Roanoke Planning Commission Please print in newspaper on Tuesday, April Please bill: Edward G. Murphy, MD, President Carilion Medical Center 213 S. Jefferson Street Roanoke, VA 24011 (540) 981-7831 30 and May 7, 2002 Please send affidavit of publication to: Department of Planning Building & Dev. Room 166, Municipal Building Roanoke, VA 24011 (540) 853-1730 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Carilion Medical Center and RRHA at Jefferson and NS right-of-way) from HM to INPUD ) AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 19th day of April, 2002, notices of a public heating to be held on the 16th day of May, 2002, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: parcel Railroad Owner'.__~s Name Norfolk Southern Corporation Real Estate Department Mailing Address 110 Franklin Road, SE Roanoke, VA 24011 also to the following neighborhood leaders: Kathy Hill, President, Riverland Alert; Peter White and Frank Smith, Neighbors in South Roanoke; and Mark Petersen, SEAF; and Christine Proffitt and Bobby Meadows, Historic Belmont Preservation Association Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 19th day of April, 2002. Notary Public My Commission expires: TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: RECE~¥ED CITY CLERI'(S Carillon Medical Center and RRHA at Jefferson and NS fight-of-way) from HM to INPUD COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 18th day of March, 2002, notices ora public heating to be held on the 18th day of April, 2002, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel _Owner's Name Railroad Norfolk Southern Corporation Real Estate Department also to the following neighborhood leaders: .Mailing Address 110 Franklin Road, SE Roanoke, VA 24011 Kathy Hill, President, Riverland Alert; Peter White and Frank Smith, Neighbors in South Roanoke; and Mark Petersen, SEAF; and Christine Proffitt and Bobby Meadows, Historic Belmont Preservation Association Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 18th day of March, 2002. Notary Public My Commission expires:~tX_~-X, '~, ~k_~'~. NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION RECEIVED ,r TO WHOM IT MAY CONCERN: '02 ~l~32 A9:19 The City of Roanoke Planning Commission will hold a public hearing on Thursday, April 18, 2002, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from Carilion Medical Center and City of Roanoke Redevelopment and Housing Authority that Official Tax Nos. 4040501,4040502, 4040503, 4040506, 4040507 and 4040508, on the south side of Jefferson Street, S.E., lying between the Norfolk Southern right-of-way and the Roanoke River, and containing 7.565 acres, more or less, be rezoned from HM, Heavy Manufacturing District to INPUD, Institutional Planned Unit Development 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 Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary City of Roanoke Planning Commission Please print in newspaper on Tuesday, April 2 and April 9, 2002 Please bill: Please send affidavit of publication to: Edward G. Murphy, MD, President Carillon Medical Center 213 S. Jefferson Street Roanoke, VA 24011 (540) 981-7831 Department of Planning Building & Dev. Room 166, Municipal Building Roanoke, VA 24011 (540) 853-1730 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us March 7, 2002 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Robert B. Manetta, Chairperson City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: 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 received in the City Clerk's Office on March 7, 2002, from Edward G. Murphy, M. D., President, representing Carilion Medical Center, requesting that six parcels of land lying on the south side of Jefferson Street, S. E., and lying between the Norfolk Southern right-of-way and the Roanoke River, bearing Official Tax Nos. 4040501-4040503, inclusive, and 4040506-4040508, inclusive, and containing 7.565 acres, more or less, be rezoned from HM, Heavy Manufacturing District, to INPUD, Institutional Planned Unit Development District, subject to certain proffered conditions. Sincerely, City Clerk MFP:mh Enclosures H:~.ezoning.02\Carilion Medical Center. Rezoning.wpd Robert B. Manetta March 7, 2002 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward G. Murphy, M. D., President, Carilion Medical Center, 213 South Jefferson Street, Suite 720, Roanoke, Virginia 24011 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney H:LRezoning.02\Carilion Medical Center. Rezoning.wpd PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of six (6) parcels of land lying in the City of Roanoke, on the south side of Jefferson Street S.E. and lying between the Norfolk Southern right-of-way and the Roanoke River bearing City of Roanoke Official Tax No. 4040501, 4040502, 4040503, 4040506, 4040507, and 4040508 ("Property") containing 7.565 acres, more or less, from HM, Heavy Manufacturing District to INPUD, Institutional Planned Unit Development District, subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Carilion Medical Center is the owner of the parcels having the Official Tax No. 4040501, 4040502, 4040506, and 4040508 ("Carilion Parcels") and City of Roanoke Redevelopment and Housing Authority is owner of the parcels having the Official Tax No 4040503 and 4040507 ("RRHA Parcels") which constitutes most of the real estate commonly identified as lA in the South Jefferson Redevelopment Plan. Said Parcels are currently zoned HM, Heavy Manufacturing District. A map of the Property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the Property be rezoned from HM, Heavy Manufacturing District to INPUD, Institutional Planned Unit Development District. This rezoning will be subject to certain conditions proffered by the Petitioners. The Petitioners believe that the rezoning of the said Property will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan and that it will promote the development of this existing industrial site, thereby ensuring a strong and diversified economic base while maintaining the neighborhood character of the nearby existing residential area. Further, Petitioners believe that the proposed development as described herein and as indicated on the Institutional Development Plan is in conformity with the Redevelopment Plan for the South Jefferson Redevelopment Area which Council has found, by its adoption, on March 19, 2001, of Resolution No. 35248-03191, being substantially in accord with City's comprehensive plan. Upon the completion of the rezoning, it is the intention of Carilion and the City of Roanoke Redevelopment and Housing Authority to develop on the Property a parking garage, day care center and office space for a financial institution. Attached as Exhibit B 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 Property to be rezoned. In requesting this rezoning, the Petitioners voluntarily proffers and agrees to the following conditions: The development of the Property shall be in substantial conformity with the attached institutional development plan, entitled Concept Site Plan, prepared by Mattern and Craig, dated February 28, 2002, which is attached as Exhibit C, subject to any changes required by the City during the plan review process. WHEREFORE, the Petitioners request that the above-described parcel of land be rezoned as requested in accordance with the provisions of the Zoning. Respectfully submitted this /'~ Y'~day of March 2002. Respectfully submitted, Carilion Medical Center. (Owner: Carilion Parcels) . -~7 By: /-'7 Edward G Murphy, M. D. Presill~nt W ./ 213 S. Jefferson Street, Suite 720 Roanoke, Virginia 24011 (540 981 7831) 2 City of Roanoke Redevelopment and Housing Authority (Owner: RRHA Parcels) John ¥. uaker, Executive uirector 2624 S~!em Turnpike, N. W. Roanoke, Virginia 24017-5334 (540 9839241) 3 ~ 0 0 m EXHIBIT B OWNER Railroad: Norfolk Southern Corporation Real Estate Department 110 Franklin Road SE Roanoke, Virginia 24042 P:\WORD\RealEstate\PARCEL NO garage.doc , / ./ // I, ll'ill il CONCEPT SITE PLAN Mattem~ ,..,~&.Craig~ IJ° 701 F~RST ~IR~ET, S.W. IlOesigned Dote: 2/28/02 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times CARILION MED. CENTER/PRES. 213 S. JEFFERSON STREET EDWARD G. MURPHY, MD ROANOKE VA 24011 REFERENCE: 80084449 01916747 6 parcels/Jeff. St State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this ___ day of June 2~0~, ~t)neg~my hand and official s eal._~_~_~ , Notary Public My commission expires ..... _~_~3~__~~ PUBLISHED ON: 06/01 06/08 TOTAL COST: 242.44 FILED ON: 06/11/02 WHOM IT MAY of Chamm. 3e.z, tlmO), as amended, ,.m., in the Counoll Clmml)~ In ~ ~ m IN~, m~. %~nml Planned Unit: Authorized Signature: , Billing Services Representative - 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, June 17, 2002, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 ChurchAvenue, S.W., on the question ofrezoning from HM, Heavy Manufacturing District, to INPUD, Institutional Planned Unit Development District, subject to certain proffers, the following property: Six parcels of land lying in the City of Roanoke, on the south side of Jefferson Street, S.E. and lying between the Norfolk Southern right-of-way and the Roanoke River bearing Official Tax Map Nos. 4040501, 4040502, 4040503, 4040506, 4040507 and 4040508. 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. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by Thursday, June 13, 2002. GIVEN under my hand this 30t:h day of ~ia~, ,2002. Mary F. Parker, City Clerk. 14 .\N C~TICER\Iq-RF.7.Ch'Z. ARII .ON061 '/02 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us June 21,2002 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Edward A. Natt, Attorney Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell, and Fergusor~, P.L.C., P. O. Box 20487 Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of Ordinance No. 35952-061702 rezoning a portion of property Iocateci at 902 Penmar Avenue, S. E., being a 0.0324 acre portion, more or less, of Official Tax No. 4130410, from RM-1, Residential Multi-Family Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17: 2002, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Mr. Ronnie Lee Wykle, 1124 Ninth Street, S. E... Roanoke, Virginia 24013 Messrs. Richard A. Dearing and John A. Garland, P. O. Box 8224, Roanoke, Virginia 24014 Mr. Robert E. Zimmerman and Mr. Lynn F. Zimmerman, c/o Roanoke Electric Zupply, 912 Salem Avenue, S. W., Roanoke, Virginia 24016 Ms. Myrtle D. Cundiff, 675 Morrill Avenue, S. E., Roanoke, Virginia 24013 Mr. Patrick E. Lynchm 1207 Ninth Street, S. E., Roanoke, Virginia 24013 Robert B. Marietta, Chair, City Planning Commission, 2831 Stephenson Avenue, S. W., Roanoke, Virginia 24016 H:~genda.02Uune 17, 2002 correspondencc.wpd Edward A. Natt, Attorney June 21, 2002 page 2 pc: Darlene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Steven C. Buschor, Director, Parks and Recreation Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney H:kAgenda.02klune 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2002. No. 35952-061702. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 413, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Sally G. and Matthew T. O'Bryan have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-I-,. Residential Multi-Family, Low Density 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 heating on the matter, has made its recommendation to Council; and WHEREAS, a public heating was held by City Council on said application at its meeting on June 17, .2002, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which heating all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 413 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A portion of the property at 902 Penmar Avenue, S.E., being a 0.0324 acre portion, more or less, of Official Tax No. 4130410, and designated on Sheet No. 413 of the Sectional- 1976 Zone Map, City of Roanoke, be, and is hereby rezoned from RM-1, Residential Multi- Family District, Low Density 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 May 30, 2002, and that Sheet No. 413 of the Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:\ORD[NANCES',O- REZOP ENMA~M I C206 t 702 DOC Architectural Review Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning~ci.roanoke.va.us June 17,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Request from Sally and Matthew T. O'Brvan, represented by Edward A. Natt, Esquire, to rezone a portion of property at 902 Penmar Avenue, S.E., being a 0.0324 acre portion, more or less, of Official Tax No. 4130410, zoned RM-1, Residential Multi.-Family, Low Density District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. Planning Commission Action: Planning Commission public hearing was held on May 16, 2002. By a vote of 6-0 (Mr. Campbell absent), the Commission voted to recommend approval of the requested rezoning. Background: The request for rezoning from RM-1 Residential Multifamily, Low Density District, to C,. 2, General Commercial District, was filed on September 6, 2001. A seconded amended petition was filed on March 14, 2002, and a third Amended Petition was filed May 30, 2002, (see attached copy), for the purpose of allowing, the existing accessory building on Ninth Street.. S.E~, to be used for a cornmercial business. Currently, there is also an existing house on the lot. The rezoning request is subject to the following current proffered conditions: (a) There will be no expansion to the structure; (b) No alcohol will be sold on the premises; (c) No outside telephones will be placed o.,, ;.i~e property: (d) Uses of the prope~y will be lip~.ited to the ;ollowing: (i~) general service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses; and General retail establishments primarily engaged in the retail or sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment, and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. (e) Signage for the commercial use shall be limited to ten (10) square feet. Planning Commission held a public hearing on this request on October 18, 2001. Mr. Ed Natt presented the rezoning request advising that the building had been used for many years as a commercial business but had been vacant for longer than two years ~and lost its grandfather status. Mr. Natt advised that the property owner had no specific user for the property. Mr. Jacques Scott, City Planner, presented the staff report, recommending denial of the rezoning, and advised that the Southeast Action Forum had voiced concerns with respect to the use of the building and were concerned about parking. After discussion by Commission members, the matter was tabled until the November meeting to allow the petitioner time to identify specific uses and consider further the consequences related to the residential portion of the property, which would become non-conforming if the property were rezoned. Since October 18, 2001 until present, the petitioner has requested continuance of the matter in order to discuss more specific uses for the property and several issues have been resolved. Planning Commission public hearing was held on May 16, 2002. Mr. Ed Natt, attorney for the petitioner, presented the rezoning request. Mr. Jacques Scott, City Planner, presented the Planning staff report and recommended approval of the request. There was discussion of various amendments to the proffers and Mr. Natt agreed to file a third amended petition addressing the amount of signage and amendment of the first proffer to allow no expansion of the structure Mr. Scott also stated that with the proffers the Southeast Action Forum would be in support of the rezoning. Mr. Marietta called for comments from the audience and there was no one present to speak in opposition to or in support of the rezoning request. Considerations: The surrounding zoning pattern of the area is as follows: North- Zoning is RM-1, Residential Multifamily, Low Density District. Land uses adjacent to the subject property include single-family dwellings built in the 1920s. Northeast of the subject property is Jackson Park, a 22-acre neighborhood park. 2 South- Zoning is RM-1, Residential Multifamily, Low Density. Land uses adjacent to the subject property include single-family dwellings built in the 1920s. Zoning to the southeast of the said property along 9th Street is C- 2, General Commercial District, where there are several small businesses (electrical service building, check cashing establishment, etc.) East - Zoning is RM -1, Residential Multifamily, Low Density. Adjacent to the subject property is a vacant lot and single-family dwellings. West - Zoning is RM -1, Residential Multifamily, Low Density. Land use adjacent to the subject property is a small, deteriorated building and single-family dwellings. Issues/concerns raised at the last Planning Commission meeting were whether or not the primary residential structure on the property would become nonconforming, and if nonconforming, whether the building could be expanded if the subject property were rezoned to CN, Neighborhood Commercial. In the past, planning staff could not support a CN rezoning because it would not be appropriate for that area. While CN zoning is more neighborhood oriented, C-2 zoning exists across the street. Planning staff advised an alternative to CN zoning, with a limited C-2. The C-2 zone is between the proposed property and the centerline of 9th Street and Buena Vista Boulevard. The lot is contiguous with the C-2 zoning. The amended petition would zone only a portion of the proposed property defined by metes and bounds description. This approach may provide the petitioner with a zoning that is more consistent for the area and would maintain the residential structure in residential zoning. The subject property is located at the intersection of three public streets: Penmar Avenue, Ninth Street, and Buena Vista Boulevard. Primary access to the subject property is Ninth Street, which is a public, two-way collector street with a posted speed limit of 35 mph. Penmar Avenue and Buena Vista Boulevard are neighborhood streets. Placing a parking space behind the building will meet the requirements of the C-2 district. In addition, off-street parking requirements would be met by locating parking within 300 feet of the subject property. The City Traffic Engineer advised that there needs to be a careful review of parking to ensure no negative impacts will occur on the surrounding area. Although the owners of the property state that the subject building was built as a commercial structure, it appears to be a two-car garage that was converted to a commercial use many years ago. In the past, the building has been used for business purposes, however, records show that a business has not occupied the building for several years. Currently the building has restroom facilities, hot water tank, and a separate gas and electric meter. 3 The Southeast Action Forum, Inc., is a member of the Roanoke City Neighborhood Partnership. It is the established neighborhood organization for the area. Representatives from the neighborhood group contacted staff and advised that they have concerns for the commercial use of the building and its effect on the surrounding neighborhood. They also pointed out there were several other businesses such as a barber shop, electrical supply shop, and a check cashing facility currently located across the street from the proposed structure. Neighborhood representatives suggested that the proposed structure could be converted into a residential purpose (i.e. a loft or studio apartment). Additional concerns were parking and traffic controls at the corner of Penmar and Ninth Street. Staff contacted representatives from the Southeast Action Forum, Inc., and discussed the issues at hand and was able to come to an agreement. The neighborhood group supports the new proffers and suggests there be no blocking of the alley located next to the proposed property. Staff recommends the city post a no parking sign next to the alley. Vision 2001-2020, Comprehensive Plan recommends that: Commercial Development: Roanoke will encourage commercial development in appropriate areas (i.e., key intersections and centers) of Roanoke to serve the needs of citizens and visitors. Neighborhood as Villages: Neighborhoods will function as villages, offering opportunities to live, work, shop, play and interact in a neighborhood setting. Neighborhood-oriented commercial activity will be encouraged in well-defined village centers. Recommendation: By a vote of 6-0, the Planning Commission recommends approval of the request to rezone a portion of the property to C-2, General Commercial District. The petitioner has amended his initial petition to better accommodate the neighborhood area. Zoning for the proposed property will be contiguous to existing C-2 General Commercial District. The primary building on the property will continue to be residential in use. Respectfully submitted, Robert B. Marietta, Chairman City of Roanoke Planning Commission attachments cc. Darlene L. Burcham, City Manager 4 Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward A. Natt, Attorney for the petitioner Mark Peterson, President, SEAF Bobby Meadows, President, Historic Belmont Preservation Association THIRD AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROAxNOKE, VIRGINIA IN RE: Rezoning of a parcel of land containing 0.0324 acre, more or less, designated as a portion of Tax Map No. 4130410, and further described as 902 Penmar Avenue, SE (West Part of Lot 7, Penmar Map), from RM-1, Residential Multi-Family Low DensiD' District to C-2, General Commercial District, subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNC~ OF THE CITY OF ROANOKE: The Petitioners, Matthew T. O'Bryan and Sally G. O'Bryan, are the owners of a parcel of land in the City of Roanoke containing 0.0324 acre, more or less, situate at 902 Penmar Avenue, SE (Tax Map No. 4130410), said tract being currently zoned RM-1, Residential Multi-Family Low Density District. 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 said property be rezoned from R_M-1, Residential Multi-Family Low Density District, to C-2, General Commercial District, subject to certain proffered conditions for the purpose of utilizing the existing building for uses permitted in a General Commercial District. The Petitioners believe the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will enable a parcel of land located on Penmar Avenue, SE to be used for commercial purposes as other properties in the area are so utilized. Attached as Exhibit "2" is a legal description of the portion of the subject property to be rezoned. Attached as Exhibit "3" are the names, addresses and tax numbers of the owners or owners of all lots or property immediately adjacent to immediately across a street or road fi:om the property \YIOLLY\SYS\USERS\CBaumgardner\ZON[NG\O'Bryan THIRD AMD PETITION.doc to be rezoned. The Petitioners voluntarily submit the following proffers to be included as a part of the rezoning request: (a) (b) (c) (d) There will be no expansion to the structure; No alcohol will be sold on the premises; No outside telephones will be placed on the property; Uses of the property will be limited to the following: (i) general and professional offices, excluding financial institutions; (ii) general service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, tracks or construction equipment, and including the provision of business and personal services and other similar uses; and (iii) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment, and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. (e) Signage for the commercial use shall be limited to ten (10) square feet. WHE~FO~, the Petitioners request that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. \XJOLLY\SYS\USERS\CBaumgardner\ZONING\O'Bryan THIRD AMD PETITION.doc Respectfully submitted this '2. ~, day of ~ ~4~ ,2002. MATTHEW T. O'BRYAN and SALLY G. O'BRYAN OF COUNSEL Edward A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 772-0126 VSB #1104 We agree to ~rs set forth herein: \XJOLLY~SYS\USERS\CBaumgardnerXZONING\O'Bryan THIRD AMD PETITION.doc EXHIBIT LOT 7 O. 184. ACRE ',,% 2 STORY BRICK & FR/~E '5"'~P¢"C2' PENMAR AVENUEI 'S.E. Address of Subiect T~'~ .~,'tao No.: O~.~-nets: 902 Peruma~ Avenue, SE N[gt~hew T. and Sail?' G. O'Bq~a.n. N[anhew T. and Sally O. O'Bc~'a.n REVISED LEGA. L DESCK12:~TION Ali that certain parce[ of land situate in the Ci.w of Roanoke, VLr~jma: COi',~NCENG at a point being the southwest comer of Lot 7, P~rnar S~:eet Subdivision; said point being'the Lnt~-~rsection of Penmar Avenue, S.E., 9~ Sareet and Buena Vista Boulevard; thence from said commencing point N. 32'~ 38' 40" E. 0.?5 feet to the southwest comer of the brick building; said building comer being the actual point ofbe~nnimg; thence along the face of the brick building the following courses: N. 47~ 24' 36" E. 54.94 feet to a point; thence S. 43~ 36' 59" E. 19.64 feet to a point; thence S. 30~ 47' 23" W. 21.74 feet to a point; thence Ix[. 59~ I2' 3?" V¢. 5.52 feet to a point; thence S. 29° 37' 24" Vv'. 14.02 feet to a point; thence 59° 15' 12" W'. 13.04 feet to a point; thence N. 15= 58' 00" Vv'. 13.34 feet to the point Of beginning, containing 0.0324 acre, more or less. F.\ofn=k\Uscrs\CBzum~j=rdncr~ZON['NG\O'Bcy=n REVISED LEGAL doc AD.~OE'~,ENG ?EOPERTY Or,,, .'>,'ER EESZ~'G Address of Subject Prooer'c'v: No.: 902 Pemmar Avenue, SE Matthew T. and Sally G. O'BO'~ Matthew T. and Sally G. O'Bo'an ADIOiNEq'G PROPERTY OWN'ERS This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: Official Tax Number 4130303 4130304 4130306 4130409 4130501 4140207 4140207A Owner's Name and Mailine Address Rormie Lee Wykle 1124 Ninth. Street, SE Roanoke, VA 24013 Paul P. and Josephine W. Glass 915 Moutrose Avenue, SE Roanoke, VA 24013 Richard A. Dearing John A. Garland P. O. Box 8224 Roanoke, VA 24014 City of Roanoke 215 Church Avenue, SW, Room 250 Roanoke, VA 24011 Robert E. and Lyrm F. Zimmerman c/o Roanoke Electric Supply 912 Salem Avenue, SW Roanoke, VA 24016 Estate of Cortisa Robert.son 1129 Ninth Street, SE Roanoke, VA 24013 F:\o ~ak\ Usem\C Baumgardncr~ZO NING\O'Bryan APO.doc Official T~( Number Owners ,Name a~,d .MaiIin~ Add,.'ess M~zzle D. Cundiff 675 Mom[l Avenue, SE Roanoke, VA 2Z013 Pa~fick E. L?r. ch [207 Nb. th S~:e~, SE Roanoke, VA 24013 F \o th=k\Us¢~\CB =umg=rdncrtZ. ON [NG\O'Br'y ~n APO.doc MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us June 3, 2002 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Edward A. Natt, Attorney Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell, and Ferguson, P.L.C., P. O. Box 20487 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 for Monday, June 17, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on the request of Matthew T. and Sally G. O'Bryan, that a parcel of land located at 902 Penmar Avenue, S. E., being a 0.0324 acre portion, more or less, of Official Tax No. 4130410, be rezoned from RM-1, Residential Multi-family Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. For your information, I am enclosing copy of a report of the City Planning Commission, a notice of the public hearing and an Ordinance. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning, Building and Development at 540-853-1730. It will be necessary for you, or your representative, to be present at the June 17 public hearing. Failure to appear could result in a deferral of the matter until a later date. Mary F. Parker, CMC City Clerk MFP:mh Enclosure MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us June 3, 2002 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk File #51 Mr. Ronnie Lee Wykle 1124 Ninth Street, S. E. Roanoke, Virginia 24013 Ms. Myrtle D. Cundiff 675 Morrill Avenue, S. E. Roanoke, Virginia 24013 Messrs. Richard A. Dearing and John A. Gadand P. O. Box 8224 Roanoke, Virginia 24014 Mr. Robert E. Zimmerman Mr. Lynn F. Zimmerman c/o Roanoke Electric Zupply 912 Salem Avenue, S. W. Roanoke, Virginia 24016 Mr. Patrick E. Lynch 1207 Ninth Street, S. E. Roanoke, Virginia 24013 Steven C. Buschor, Director Parks and Recreation Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, June 17, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on the request of Matthew T. and Sally G. O'Bryan, that a portion of the property located at 902 Penmar Avenue, S. E., being a 0.0324 acre portion, more or less, of Official Tax No. 4130410, be rezoned from RM-1, Residential Multi-Family Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. The City Planning Commission is recommending that Council approve the request for rezoning. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regara to the matter, please call the Department of Planning, Building and Development at 540-853-1730. Sincerely, Mary F Parker, CMC MFP :mh City Clerk MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us June 3,2002 File #51 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Robert B. Manetta, Chairperson City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a third amended petition received in the City Clerk's Office on May 30, 2002, from Edward A. Natt, Attorney, representing Matthew T. and Sally G. O'Bryan, requesting that a parcel of land located at 902 Penmar Avenue, S. E., the western portion of Lot 7, Penmar Map, containing 0.0324 acre, more or less, identified as Official Tax No. 4130410, be rezoned from RM-1, Residential Multi-family Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosures Robert B. Manetta June 3, 2002 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell, and Ferguson, P.L.C., P. O. Box 20487, Roanoke, Virginia 24018 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney H:'~Rezoning.02.(remove acfing)\O'B~yan. Rezoning.second amended.wpd The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times NATT, EDWARD, ATTY. PO BOX 20487 ROANOKE VA 24018 REFERENCE: 80066680 01915145 902 Penmar Ave SE State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. ,/ Sworn and subscribed before me this __Jl.~ ..... day of June~~_~~and and official seal. , Notary Public My commission expires ~ 3%~ ~0~. .. PUBLISHED ON: 05/31 06/07 TOTAL COST: 217.36 FILED ON: 06/11/02 .................................................. ArU~o VII :*lJf~Chsj~er 361, Code of b*~ Ci~, o~ Roe.~e ~1979), ~ a~, ~ ~. ~ a ~M~ H~ ~ M~- ~, p.m., ~ ~e ~1 ~ In ~ N~ C. T~ ~ 2~ ~u~ A~ S.W., ~ ~ ~ ~ ~n: lng ~ ~-1, -F~I~, ~2 ~nm~ A~, ~.E., 4~10. ~{~{n~ Authorized Signature: , Billing Services Representative 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, June 17, 2002, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial District, subject to certain proffers, the following property: A portion of the property at 902 Penmar Avenue, S.E., being a 0.0324 acre portion, more or less, of Official Tax No. 4130410. 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. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by Thursday, June 13, 2002. GIVEN under my hand this 28th day of May ., 2002. Mary F. Parker, City Clerk. M'\NOTICE.q\N-R EZOOFIR¥ ANRM- I TOC-2061702 DOC-C~hrvanRM- 1 toC-2 Publish in the Roanoke Times once on Friday, May 31, 2002, and once on Friday, June 7, 2002. Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 Edward A. Natt, Attorney P. O. Box 20487 Roanoke, Virginia 24018 (540) 989-0000 Edward A. Natt Please reply to: P. O. Box 20487 Roanoke, VA 24018 Direct: (540) 725-8180 Fax: (540) 772-0126 E-mail: enatt~opnlaw.com L AW OFFICES 0STERHOUDT, PRILLAMAN, NATT, HELSCHER, Yost, MAXWELI~ & Fw}mUSO~, PLC 3012 ELECTRIC i~O2~D, S.W. P. O. BOX 20487 ROANOKE, VIRGINIA 24018 - 0049 (540) 989-0000 FAx (540) 772-0t26 May 30, 2002 SALEM, VIRGINIA 94158 I~. 0. BOX 279 105 ~N,r. (}OLORADO STREET HAND-DELIVERED Mary Parker, City Clerk 456 Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Dear Mary: Enclosed please find the following: (a) (b) the original of the Second Amended Application for Vacating, Discontinuing and Closing of Street in the matter of Robert Evan, LLC (Hite Street). I have included the legal description and a copy of the plat. the original of the Third Amended Petition to Rezone in the matter of Matthew T. O'Bryan (Penmar Avenue). Please take a look at these documents and get back with me. Thanking you in advance for your attention to this matter, I am Very truly yours, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. Edward A. Natt EAN/csb Enclosure pc: HAND-DELIVERED Mr. Steven J. Talevi Assistant City Attomey City of Roanoke 464 Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 HAND-DELIVERED Ms. Martha Franklin Roanoke City Planning Department Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 VIA MAIL Mr. Robert S. Freeman Springwood Associates 3214 Electric Road, Suite 200 Roanoke, VA 24018 VIA MAIL Mr. Matthew T. O'Bryan 4386 Sheldon Drive Roanoke, VA 24018 NOTICE OF pUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, May 16, 2002, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fora'th floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from Sally and Matthew O'Bryan, represented by Edward A. Natt, attorney, to rezone property at 902 Penmar Avenue, S.E., being a 0.0324 acre portion, more or less, of Official Tax No. 4130410, from RM-1, Residential Multifamily 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 Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary City of Roanoke Planning Commission Please print in newspaper on Tuesday, April 30 and May 7, 2002. Please bill Edxvard A. Natt, Esquire P O Box 20487 Roanoke, VA 24018-0049 (540) 989-0000 Please send affidavit of publication to: Department of Planning Building & Dev. Room 166, Municipal Building Roanoke, VA 24011 (540) 853-1730 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanokc.va, us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk March 14, 2002 File #51 Robert B. Manetta, Chairperson City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended petition received in the City Clerk's Office on March 14, 2002, from Edward A. Natt, Attorney, representing Matthew T. and Sally G. O'Bryan, requesting that a parcel of land located at 902 Penmar Avenue, S. E., the western portion of Lot 7, Penmar Map, containing 0.0324 acre, more or less, identified as Official Tax No. 4130410, be rezoned from RM-1, Residential Multi-family Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosures Robert B. Manetta March 14, 2002 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell, and Ferguson, P.L.C., P. O. Box 20487, Roanoke, Virginia 24018 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N;~CKMH l~Rezoning.02~O'Bc/an Rezoning.second amended wDd Edward A. Natt Please reply to: P. O. Box 20487 Roanoke, VA 24018 Direct: (540) 725-8180 Fax: (540) 772-0126 E-mail: enatt~opnlaw.com LAW OFFICES 0STERHOUDT, PRILLAMAN, NATT, HELSCHER, RECEIVED YOST, ]MAXWELL & FERGUSON, PLC CIT¥ CLER~.q 0FFIC[ 13912 ELECTRIG ROAD, S.W. P. O. Box 20487 ROANOKE, VIRGINIA 24018 - 0049 (,540) 989-0000 F~x (540) 772-0120 March 11, 2002 P.O. Box 279 lOb N. C~OLOIL~DO STREET (540) 889-2840 RECE D Evelyn S. Lander, AICP Chief Roanoke City Planning Department Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 HAR 1 4 2002 Planning, Re'- Matthew T. and Sally G. O'Bryan Rezoning -- Penmar Avenue Dear Evie: Enclosed please find the Second Amended Petition in the above matter. Because of potential scheduling conflicts, we are scheduling this for the May 16th Planning Commission. I appreciate your cooperation. With best personal regards, I am Very truly yours, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. Edward A. Natt EAN/csb Enclosure pc: Mr. and Mrs. Matthew T. O'Bryan 4386 Sheldon Drive Roanoke, VA 24018 pc~ Mary Parker, City Clerk 456 Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 SECOND AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a parcel of land containing 0.0324 acre, more or less, designated as a portion of Tax Map No. 4130410, and further described as 902 Penmar Avenue, SE (West Part of Lot 7, Penmar Map), from RM-1, Residential Multi-Family Low Density District to C-2, General Commercial District, subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Matthew T. O'Bryan and Sally G. O'Bryan, are the owners of a parcel of land in the City of Roanoke containing 0.0324 acre, more or less, situate at 902 Penmar Avenue, SE (Tax Map No. 4130410), said tract being currently zoned RM-1, Residential Multi-Family Low Density District. 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 said property be rezoned from RM-1, Residential Multi-Family Low Density District, to C-2, General Commercial District, subject to certain proffered conditions for the purpose of utilizing the existing building for uses permitted in a General Commercial District. The Petitioners believe the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will enable a parcel of land located on Penmar Avenue, SE to be used for commercial purposes as other properties in the area are so utilized. Attached as Exhibit "2" is a legal description of the portion of the subject property to be rezoned. Attached as Exhibit "3" are the names, addresses and tax numbers of the owners or owners of all lots or property immediately adjacent to immediately across a street or road fi.om the property F:\USERS\CBaumgardnerXCZONING\O'Bryan SECOND AMD PETITION.doc to be rezoned. The Petitioners voluntarily submit the following proffers to be included as a part of the rezoning request: (a) There will be no changes to the exterior of the structure other than maintenance; (b) No alcohol will be sold on the premises; (c) No outside telephones will be placed on the property; (d) Uses of the property will be limited to the following: (i) general and professional offices, excluding financial institutions; (ii) general service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses; and (iii) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment, and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. WHEREFORE, the Petitioners request that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. F:\USERS\CBaumgardnerXZONING\O'Bryan SECOND AMD PETITION.doc Respectfully submitted this __ [ 7_ dayof ~X~ c~ ~'t~ ,2002. MATTHEW T. O'BRYAN and SALLY G. O'BRYAN OF COUNSEL Edward A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 772-0126 VSB #1104 We~h herein: MA,j'r EW b64 RYA F:\USERS\CBaumgardner~ZONING\O'Bryan SECOND AMD PETITION.doc DRIV£ PART OF LOT 7 0.164 ACRE 2' STORY BRICK &: FRAME EXHIBIT Address of Subject Property: 902 PenmarAvenue, SE EXHIBIT Tax Map No.: 4130410 Applicant's Name: Matthew T. and Sally G. O'Bryan Owners: Matthew T. and Sally G. O'Bryan REVISED LEGAL DESCRIPTION All that certain parcel of land situate in the City of Roanoke, Virginia: COMMENCING at a point being the southwest comer of Lot 7, Penmar Street Subdivision; said'point'beingthe intersection of Penmar Avenue, S.E., 9~ Street and Buena Vista Boulevard; thence from said commencing point N. 32° 38' 40" E. 0.75 feet to the southwest comer of the brick building; said building comer being the actual point of beginning; thence along the face of the brick building the following courses: N. 47° 24' 36" E. 54.94 feet to a point; thence S. 43° 36' 59" E. 19.64 feet to a point; thence S. 30° 47' 23" W. 21.74 feet to a point; thence N. 59° 12' 37" W. 5.52 feet to a point; thence S. 29° 37' 24" W. 14.02 feet to a point; thence 59° 15' 12" W. 13.04 feet to a point; thence N. 15° 58' 00" W. 13.34 feet to the point of beginning, containing 0.0324 acre, more or less. F:\ofnak\Users\CBaumgardnerXZONlNG\O'Bryan REVISED LEGAL.doc ADJOINING PROPERTY OWNER LISTING EXHIBIT 3 Address of Subiect Property: Tax Map No.: Applicant's Name: Owners: 902 Penmar Avenue, SE 4130410 Matthew T. and Sally G. O'Bryan Matthew T. and Sally G. O'Bryan ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: Official Tax Number 4130303 4130304 4130306 4130409 4130501 4140207 4140207A Owner's Name and Mailing Address Ronnie Lee Wykle 1124 Ninth Street, SE Roanoke, VA 24013 Paul P. and Josephine W. Glass 915 Montrose Avenue, SE Roanoke, VA 24013 Richard A. Dearing John A. Garland P. O. Box 8224 Roanoke, VA 24014 City of Roanoke 215 Church Avenue, SW, Room 250 Roanoke, VA 24011 Robert E. and Lynn F. Zimmerman c/o Roanoke Electric Supply 912 Salem Avenue, SW Roanoke, VA 24016 Estate of Cortisa Robertson 1129 Ninth Street, SE Roanoke, VA 24013 F:\o fnak\Users\CBaumgardner\ZONING\O'Bryan APO.doc Official Tax Number 4140301 4140501 Owner's Name and Mailing Address Myrtle D. Cundiff 675 Morrill Avenue, SE Roanoke, VA 24013 Patrick E. Lynch 1207 Ninth Street, SE Roanoke, VA 24013 F:\othak\Users\CBaumgardner\ZONING\O'Bryan APO.doc TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Matthew and Sally O'Bryan, at 902 Penmar Avenue, SE, Pt. Tax ) AFFIDAVIT No. 4130410, from RM-1 to CN, conditional ) COMMONWEALTH OF VIRGINIA ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 16th day of April, 2002, notices of a public hearing to be held on the 16th day of May, 2002, on the application captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name Mailing Address 4130303 Ronnie Lee Wykle 1124 Ninth Street, SE Roanoke, VA 24013 4130409 Richard A. Dearing John A. Garland P O Box 8224 Roanoke, VA24014 4130501 Jackson Park CityofRoanoke 4140207 Robert E. and Lynn F. Zimmerman c/o Roanoke Electric Zupply 912 Salem Avenue, SW Roanoke, VA 24016 4140301 Myrtle D. Cundiff 675MorrillAvenue, SE Roanoke, VA24013 4140501 Patrick E. Lynch 1207 Ninth Street, SE Roanoke, VA 24013 Notices also sent to: Mark Peterson, President, SEAF Bobby Meadows, President, and Christine Proffitt, HBPA Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 16th day of April, 2002. Notary Public My Commission expires: MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk January 22, 2002 File #51 Robert B. Manetta, Chairperson City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Manetta: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition received in the City Clerk's Office on January 15, 2002, from Edward A. Natt, Attorney, representing Matthew T. and Sally G. O'Bryan requesting that a parcel of land located at 902 Penmar Avenue, S. E., (western portion of Lot 7, Penmar Map), containing 0.0324 acre, more or less, identified as Official Tax No. 4130410, be rezoned from RM-1, Residential Multi-family Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. Park~'r, CMC City Clerk MFP:mh Enclosures N:~CKMH l\Rezontng 0L~O'Bwan. Rezoning.wi~xJ Robed B. Manetta January 22, 2002 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell, and Ferguson, P.L.C., P. O. Box 20487, Roanoke, Virginia 24018 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:~CKMH l'~J~ezon~ng.02\O'Bryan. Rezo ning wpd Edward A. Natt Please reply to: P. 0. Box 20487 Roanoke, VA 24018 Direct: (540) 725-8180 Fax: (540) 772-0126 E-reaih enarr~(~opnlaw.core LAW OFFIGES OSTERHOUDT, PRILLA~¥IAN, NATT, HELSGHER, YOST, MiXWEt, L & FERGUSON, PLc 3912 ELEGTRIG ROAD, S.W. P. 0. Box 20487 ROANOKE, VIRGINIA 24018 - 0049 (.540) oso-oooo FAX (.540) 772-O126 January 15, 2002 SALEIq, VIRGINIA 24153 P.O. Box 270 105 N. GOLOR~DO STREET HAND-DELiVERED Chairman and Members City of Roanoke Planning Commission Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Re: Request of Sally G. and Matthew T. O'Bryan 902 Penmar Avenue, SE -- Tax Map No. 4130410 To Whom It May Concern: The above matter has been continued several months as a result of my being out of town and other conflicts. It is now set for the meeting of the Planning Commission on February 21, 2002. Our request is, at this point, to rezone only a portion of the above tax map number from RM-1 to CN. I am attaching the following documents: 1. Map showing area to be rezoned; 2. Legal description for area to be rezoned; 3. Amended Petition to Rezone which includes proffers. . By copy of this letter, I am forwarding a copy to the City Clerk for her files. We will be glad to meet with representatives of the Civic League. Jacques Scott has indicated to rrie that he would be willing to work with us in coordinating that to discuss the potential uses. Should you need anything further, please advise. Very truly yours, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. Edward A. Natt EAN/csb Attacbanents pc: HAND-DELIVERED Mary Parker, City Clerk ~'56 Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 VIA MAIL Mr. and Mrs. Matthew T. O'Bryan 438'6 Sheldon Drive Roanoke, VA 24018 FIRST AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a parcel of land containing 0.0324 acre, more or less, designated as a portion of Tax Map No. 4130410, and further described as 902 Penmar Avenue, SE (West Part of Lot 7, Penmar Map), from RM-1, Residential Multi-Family Low Density District to CN, Neighborhood Commercial District, subject to certain proffered conditions. TO TH;E~HONORA.BLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The ~ioners, Matthew T. O:Bryan 'and Sally G. O'Bryan, are the owners of a parcel of land in the City of Roanoke containing 0.0324 acre, more or less, situate at 902 Penmar Avenue, SE (Tax Map No. 4130410), said tract being currently zoned RM-1, Residential Multi-Family Low Density DisWict. A map of the propertyto be ~rezoned is attached as Exhibit "1". Pm'suant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned fi.om RM-1, Residential Multi-Family Low Density District, .to CN, Neighborhood Commercial District subject to certain proffered conditions for the purpose of utilizing the existing building for uses permitted in a Neighborhood Commercial District. The Petitioners believe the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will enable a parcel of land located on Penmar Avenue, SE to be used for commercial purposes as other properties in the area are so utilized. Attached as Exhibit "2" is a legal description of the subject property. Attached as Exhibit "3" are the names, addresses and tax numbers of the owners or owners of all lots or property immediately adjacent to immediately across a street or road fi:om the property \kJOLLY~SYS\ofnak\Users\CBaumgardnerkZONING\O'Bryan FIRST AMD PETITION.doc 1 to be rezoned. The Petitioners voluntarily submit the following proffers to be included as a part of the rezoning request: (a) There will be no changes to the exterior of the structure other than maintenance; Co) No alcohol will be sold on the premises; (c) No outside telephones will be placed on the property; (d) Uses of the property will be limited to the following: (i) Non-profit counseling facilities and services; (ii) Day care facilities for the elderly with unlimited capacity; (iii) Libraries, museums, art galleries and art studios and other similar uses, including associated educational and instructional activities. (iv) Police stations; (v) General and professional offices excluding financial institutions; (vi) Medical clinics; (vii) Medical offices; (viii) Neighborhood service establishments including laundromats, dry cleaners, and appliance repair shops, primarily engaged in the repair- or maintenance of household items, clothing and miscellaneous items related to the persons or the home; (ix) Personal service establishments primarily engaged in providing non- medical service to a person or maintenance and repair services to clothing and including barber and beauty shops, tailor or seamstress \XJOLLYXSYS\ofnak\Users\CBaumgardner~ZONlNG\O'Bryan FIRST AMD PETITION.doc (x) shops, shoe repair and other similar uses; Neighborhood retail establishments (such as dry cleaners, shoe repair or a drug store) primarily personal and household engaged in the retail sale or rental of items, home improvements supplies, clothing and miscellaneous items related to the person or the home including the incidental repair and assembly of merchandise to be sold on the premises. WHEREFORE, the Petitioners request 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 [ ~e day of ~-"~ ~a ,a e, ,. ,.~ ,2002. MATTHEW T. O'BRYAN and SALLY G. O'BRYAN OF COUNSEL Edward A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 772-0126 VSB #1104 X~JOLLY~SYS\ofnak\Users\CBaumgardner~ONING\O'Bryan FIRST AMD PETITION.doc PART OF LOT 7 0.164 ACRE 'STORY Address of Subject Property: Tax Map No.: Applicant's Name: Owners: 902 Penmar Avenue, SE 4130410 Matthew T. and Sally G. O'Bryan Matthew T. and Sally G. O'Bryan REVISED LEGAL DESCRIPTION All that certain parcel of land situate in the City of Roanoke, Virginia: COMMENCING at a point being the southwest comer of Lot 7, Penmar Street Subdivision; said point ~being the intersection of Penmar Avenue, S.E., 9~ Street and Buena Vista Boulevard; thence from said commencing point N. 32© 38' 40" E. 0.75 feet to the southwest comer of the brick building; said building comer being the actual point of beginning; thence along the face of the brick building the following courses: N. 47© 24' 36" E. 54.94 feet to a point; thence S. 43© 36' 59" E. 19.64 feet to a point; thence S. 30© 47' 23" W. 21.74 feet to a point; thence N. 59© 12' 37" W. 5.52 feet to a point; thence S. 29© 37' 24" W. 14.02 feet to a point; thence 59© 15' 12" W. 13.04 feet to a point; thence N. 15© 58' 00" W. 13.34 feet to the point of beginning, containing 0.0324 acre, more or less. F:\ofhak\Users\CBaumgardner~ZONING\O'Bryan REVISED LEGAL.doc ADJOINING PROPERTY OWNER LISTING Address of Subiect Property: Tax Map No.: Applicant's Name: Owners: 902 Penmar Avenue, SE 4130410 Matthew T. and Sally G. O'Bryan Matthew T. and Sally G. O'Bryan ADJOINING PROPERTY OWNERS This list'as follows are.those property owners who own property'beside, behind or across the street fi-om the subject property noted above: Official Tax Number 4130303 4130304 4130306 4130409 4130501 4140207 4140207A Owner's Name and Mailing Address RormieLeeWykle l124NinthS~eet, SE Roanoke, VA 24013 Paul P. and Josephine W. Glass 915 Montrose Avenue, SE Roanoke, VA 24013 Richard A. Dearing John A. Garland P. O. Box 8224 Roanoke, VA 24014 City ofRoanoke 215 Church Avenue, SW, Room250 Roanoke, VA 24011 Robert E. and Lynn F. Zimmerman c/o Roanoke Electric Supply 912 Salem Avenue, SW Roanoke, VA 24016 Est~e ofCortisa Robertson l129NinthS~eet, SE Roanoke, VA 24013 F:\o fnak\Users\CBaumgardnerXZONING\O'Bryan APO.doc Official Tax Number 4140301 4140501 Owner's Name and Mailing Address Myrtle D. Cundiff 675 Momll Avenue, SE Roanoke, VA 24013 Patrick E. Lynch 1207 Ninth Street, SE Roanoke, VA 240 ! 3 F 5o fnak\Users\CBaumgardnerXZONING\O'Bryan APO.doc NOTICE OF PUBLIC HEARING BEFORE THE ROANIOKE CITY i~~Ii~IG COMMISSION CITY CLERICS OFFICE TO WHOM IT MAY CONCERN: '01 OCT -! The Roanoke City Planning Commission will hold a public hearing on Thursday, October 18, 2001, 1:30 p.m. or as soon as the matter may be heard, in the 2nd floor Main Conference Room of the Roanoke Higher Education Center, 108 North Jefferson Street, to consider the following: Request from Sally and Matthew O'Bryan, represented by Edward A. Natt, Esquire, to rezone property at 902 Penmar Avenue, S.E., Official Tax No. 4130410, from RM-1, Residential MuItifamily, Low Density District, to ON, Neighborhood 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 Building and Development, Room 166, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, October 2 and 9, 2001 Please bill: Edward A. Naif, Esq. Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, PLC P O Box 24087 Roanoke, VA 24018-0049 (540) 725-8180 Please send affidavit of publication to: Department of Planning Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA ~ RECEIVED PERTAINING TO THE REZONING REQUEST OF: CiTY CLERKS OFFICE Matthew and Sally O'Bryan, at 902 Penmar Avenue, SE, Ta~o. ~3~FoIDO~!~ 4130410, from RM-1 to CN, 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 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 19th day of September, 2001, notices of a public heating to be held on the 18th day of October, 2001, on the application captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name 4130303 Ronnie Lee Wykle 4130409 4130501 4140207 4140301 Richard A. Deadng John A. Garland Jackson Park Robert E. and Lynn F. Zimmerman c/o Roanoke Electric Zupply Myrtle D. Cundiff 4140501 Patrick E. Lynch Notices also sent to: Mark Peterson, President, SEAF Mailing Address 1124 Ninth Street, SE Roanoke, VA 24013 P O Box 8224 Roanoke, VA 24014 City of Roanoke 912 Salem Avenue, SW Roanoke, VA 24016 675 Morrill Avenue, SE Roanoke, VA 24013 1207 Ninth Street, SE Roanoke, VA 24013 Bobby Meadows, President, and Christine Proffitt, HBPA Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 19th day of September, 2001. Notary Public ti My Commission expires: ~'~. MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanok¢.va, us September 7, 2001 File #51 STEPHANIE M. MOON Deputy City Clerk D. Kent Chrisman, Chairperson City Planning Commission 2319 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Chdsman: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amehded, I am enclosing copy of a petition received in the City Clerk's Office on September 7, 2001, from Edward A. Natt, Attorney, representing Matthew T. and Sally G. O'Bryan requesting that a parcel of land located at 902 Penmar Avenue, S. E., (west part of Lot 7, Penmar Map), containing 0.164 acre, more or less, identified as Official Tax No. 4130410, be rezoned from RM-1, Residential Multi-family Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Deputy City Clerk ,' :sm Enclosures D. Kent Chrisman September 7, 2001 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell, and Ferguson, P.L..C., P. O. Box 20487, Roanoke, Virginia 24018 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney OSTERHOUDT, PRILLANAN~ NATT, HELSCHER, YOST, MAXWELL & FERGUSON, PLC ATTORNEYS-AT-LAw ROANOKE, VIRGINIA ;'4018-0049 PETITION TO REZONE IN THE COUNCIL OF THE CIT.Y~OF ROANO~ 3.?~IRGINL4 IN RE: Rezoning of a parcel of land containing 0.164 acre, more or less, designated as Tax Map No. 4130410, and further described as 902 Penmar Avenue, SE (West Part of Lot 7, Penmar Map), from RM-1, Residential Multi-Family Low Density District to CN, Neighborhood Commercial District, subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Matthew T. O'Bryan and Sally G. O'Bryan, are the owners of a parcel of land in the City of Roanoke containing 0.164 acre, more or less, situate at 902 Penmar Avenue, SE (Tax Map No. 4130410), said tract being currently zoned RM-1, Residential Multi-Family Low Density District. 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 said property be rezoned from RM-1, Residential Multi-Family Low Density District, to CN, Neighborhood Commercial District subject to certain proffered conditions for the purpose of utilizing the existing building for uses permitted in a Neighborhood Commercial District. The Petitioners believe the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will enable a parcel of land located on Penmar Avenue, SE to be used for commercial purposes as other properties in the area are so utilized. Attached as Exhibit "2" is a legal description of the subject property. Attached as Exhibit "3" are the names, addresses and tax numbers of the owners or owners of all lots or property immediately adjacent to immediately across a street or road from the property \~JOLLY\SYS\ofnak\Users\CBaumgardner~ZONING\O,Bryan PETITION.doc 1 OSTERHOUDT~ PRILLANAN, NATT, HEL$CHER, YOST, MAXWELL & FERGUSON, PLC ATTORNEYS-AT-LAw ROANOKE, VIRGINIA 24018-0049 to be rezoned. The Petitioners voluntarily submit the following proffers to be included as a part of the rezoning request: (a) That any use permitted in the CN District will be conducted within the lower level brick building only. The existing residential duplex will continue to be used for duplex purposes; (b) That there will be no changes to the exterior of the structure other than maintenance. WHEREFORE, the Petitioners request 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 Edward A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725-8180 Fax: (540) 772-0126 VSB # 1104 ~dayof ~-~ ~ MATTHEW T. O'BRYAN and SALLY G. O'BRYAN OF COUNSEL ,2001. We agree to the. garpffers set forth herein: \~JOLLY\SYS\ofnak\Users\CBaumgardner\ZONING\O,Bryan PETITION.doc $ 'F~l' LEGEND 0 IRON PiN S~ · lEON PIN FOUND CAIE: LINE L1 BEARING DISTANCE N 15'30'00"W 10.60' (ACTUAL) (10.92' DEED) RAVEL RIVE PART OF LOT 7 0,164 ACRE ALLEY EXHIBIT IPF © 40.0' NOT TO SCALE X- FENCE PART OF LOT 7 NOTES: 1 .0' 2 STORY ;._ BRICK &: FRAME 24.9' · --,'-'-N59'O5'OO"W 60.79' WIRES IPF @ 40.0' NOT TO SCALE PENMAR AVENUE, S.E. (50' R/W) 1. OWNERS OF RECORD: WILLIAM S. EMORY, NANCY C. EMORY, R. JACK RICHARDS, SR. & DOROTHY T. RICHARDS 2. LEGAL REFERENCE DEED BOOK 1498, PAGE 1853 3. TAX MAP NUMBER: 4150410 PHYSICAL IMPROVEMENT SURVEY FOR A,fA 77'NE'W ~ O'~RYAN SALLY G'. O '~RYAN 902 PENMAR AVENUE, S.E. PART OF LOT 7 ~ REVISED MAP OF PENMAR STREET ^.o ...oo,^... ,.o. DEED BOOK 405, PAGE 329 CITY OF ROANOKE, VIRGINIA SURVEYED 08-28-98 JOB #R9820968 .=~.=~~o ~-~ PLANNERS ARCHIi~.Ci~ ENGINEERS SURVEYORS .~,,,~ .,,~,,c,, Boizer & Associates, Inc. 1208 Corporate Circle Roanoke Va. 24018 .[.a.m~ .~.~m~ Address of Subiect Property_: 902 Penmar Avenue, SE EXHIBIT 2 Tax Map No.: 4130410 Applicant's Name: Matthew T. and Sally G. O'Bryan Owners: Matthew T. and Sally G. O'Bryan LEGAL DESCRIPTION All that certain parcel of land situate in the City of Roanoke, Virginia: BEGINNING at a point on the north side of Penmar Street, S.E. 60.79 feet east of the southeast comer of Penmar Street and 9~h Street; thence N. 30 deg. 55' E. 150 feet to an alley; thence with said alley N. 59 deg. 05' W. 24.84 feet to a point on Morton Avenue; thence with Morton Avenue S. 47 deg. 55' W. 149.72 feet to a point on 9th Street; thence with 9th Street S. 15 deg. 30' E. 10.92 feet to a point on Pemar Street; thence with Penmar Street S. 59 deg. 05' E. 60.79 feet to the BEGINNING; and being the western part of Lot 7 as shown by the revised Map of Penmar Street lots annexed by J. A. Hoover, which map is recorded in the Circuit Court (formerly Hustings Court) for the City of Roanoke, Virginia, in Deed Book 405, Page 329. F :\o fnak\Users\CB aumgardnerkZON ING\O,Bryan LEGAL.doc ADJOINING PROPERTY OWNER LISTING EXHIBIT Address of Subject Property_: Tax Map No.: Applicant's Name: Owners: 902 Penmar Avenue, SE 4130410 Matthew T. and Sally G. O'Bryan Matthew T. and Sally G. O'Bryan ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: Official Tax Number 4130303 4130304 4130306 4130409 4130501 4140207 4140207A Owner's Name and Mailing Address Ronnie Lee Wykle 1124 Ninth Street, SE Roanoke, VA 24013 Paul P. and Josephine W. Glass 915 Montrose Avenue, SE Roanoke, VA 24013 Richard A. Dearing John A. Garland P. O. Box 8224 Roanoke, VA 24014 CityofRoanoke 215 Church Avenue, SW, Room250 Roanoke, VA 24011 Robert E. and Lynn F. Zimmerman c/o Roanoke Electric Supply 912 Salem Avenue, SW Roanoke, VA 24016 Estate of Cortisa Robertson 1129 Ninth Street, SE Roanoke, VA 24013 F:\ofnak\Users\CBaumgardner~ZONING\O,Bryan APO.doc Official Tax Number 4140301 4140501 Owner's Name and Mailing Address Myrtle D. Cundiff 675 Morrill Avenue, SE Roanoke, VA 24013 Patrick E. Lynch 1207 Ninth Street, SE Roanoke, VA 24013 F:\ofnak\Users\CBaumgardner~ZONING\O,Bryan APO.doc Office of the Ci~ Manager June 13,2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable W. Alvin Hudson, Council Member Honorable William D. Bestpitch, Council Member Honorable William White, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. Wyatt, Council Member Subject: Request of Robert Evan, LLC, to vacate an undeveloped portion of Hite Street, SW Dear Mayor Smith and Members of City Council: In reference to the public hearing scheduled for Monday, June 17, regarding vacating a portion of Hite Street, I believe that, given the value of the subject property and the benefits that would accrue to the petitioner, that the city should charge for the property. The recommended sale price is $7,600. Staff contacted Robert Freeman, a member of Robert Evan, LLC, and advised him of my recommendation. The petitioner indicated that he is unwilling to purchase the property as a condition of the vacation. Please let me know if you do not support this recommendation. Sincerely, City Manager DLB:cc C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse ,4. Hall, Director of Finance Room 364 Municipal South 215 Church Avenue, S,W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci,roanoke.va.us CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21,2002 File #24-51-110 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35953-061702 amending and reordaining §36.1-650, Continued; composition; appointment and terms of members, etc., and subsection (a) of 36.1-653, Exercise of powers general; administration of oath and compelling attendance of witnesses, of Division 3, Board of Zoning Appeals, of Article VII, Administration, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to increase the number of members of the Board of Zoning Appeals for the City of Roanoke, and to increase the number of concurring votes necessary to take action; and dispensing with the second reading of this ordinance by title. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment H:'~Agenda.02XJune 17, 2002 correspondence.wpd Darlene L. Bu~ham June 21,2002 Page 2 pc~ The Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The George W. Harris, Jr., Judge, General District Court The Vincent A. Lilley, Judge, General District Court The William D. Broadhurst, Judge, General District Court The Jacqueline F. Ward Talevi, Judge, General District Court John B. Ferguson, Chief Judge, Juvenile and Domestic Relations Honorable Honorable Honorable Honorable The Honorable District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian Rolanda A. Johnson, Assistant City Manager for Community Development Linda Leedy, Secretary, Board of Zoning Appeals Architectural Review Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning~ci.roanoke.va.us June 17,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Amendment to Section 36.1-650, Continued; composition; appointment and terms of members, etc., and subsection (a) of 36.1-653, Exercise of powers; generally; administration of oath and compelling attendance of witnesses, of Division 3, Board of Zoning Appeals, of Article VII, Administration, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to increase the number of members of the Board of Zoning Appeals for the City of Roanoke, and to increase the number of concurring votes necessary for the Board to act. Planning Commission Action: Planning Commission public hearing was held on May 16, 2002. By a vote of 6- 0 (Mr. Campbell absent), the Commission recommended approval of the proposed amendment. Background: The Planning Commission authorized the filing of the petition to consider proposed amendments to Section 36.1-650 and Section 36.1-653 of the Code of the City of Roanoke (1979), as amended, on April !8, 2002, by a vote of 6-0 (Mr. Hill absent). The attached proposed amendments to the Zoning ordinance are authorized by a recent amendment to the City of Roanoke charter, granting the City certain authority by the Virginia General Assembly, effective July 1,2002. The proposed amendments provide for the appointment of seven (7) members to the Roanoke City Board of Zoning Appeals and increase the number of concurring votes necessary for the Board to take action to four (4). The current zoning ordinance provides for the appointment of five (5) members and requires only three (3) members of the Board to concur for the Board to take action on any matter. Planning Commission public hearing was held on May 16, 2002. There was no one present to speak in opposition to or in favor of the proposed amendment. Staff recommended approval of amendment. Recommendation: By a vote of 6-0 (Mr. Campbell absent) the Planning Commission recommend that City Council amend the zoning ordinance in accordance with attached measure. Respectfully submitted, Robert B. Manetta, Chairman City of Roanoke Planning Commission attachment cc: Darlene Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William Hackworth, City Attorney Steven Talevi, Assistant City Attorney NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, May 16, 2002, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: An ordinance amending and reordaining Section 36.1-650, Continued; composition; appointment and terms of members, etc., and subsection (a) of 36.1-653, Exercise of powers general; administration of oath and compelling attendance of witnesses, of Division 3, Board of Zoning Appeals, of Article VII, Administration, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to increase the number of members of the Board of Zoning Appeals for the City of Roanoke, and to increase the number of concurring votes necessary for action by the Board of Zoning Appeals. A copy of said ordinance is available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary City of Roanoke Planning Commission Please print in newspaper on Tuesday, April 30 and May 7, 2002 Please bill credit card and send affidavit of publication to: Department of Planning Building & Development Room 166, Municipal Building Roanoke, VA 24011 (540) 853-1730 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01914360 appt. & terms of mem State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: Commonwealth/State of day Public City/County of Roanoke, Virginia. ~ Sworn and subscribed before me this __ of June,~.~tn;~s my,hand and official seal _~~_~__~~__ , NoUsry My commission expires ~' ~' ~~ PUBLISHED ON: 05/31 06/07 TOTAL COST: 309.32 FILED ON: 06/11/02 .................................................. j~5.2-22o4, Code ~ The pr°PO~d amendment ~ num~ ~ ~ M~ ~1~ ~1 ~ In I~ ~ ~ ~u~, J~ Authorized Signature: ..... , Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of §15.2-2204, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, June 17, 2002, 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., in order to consider an amendment and revision to Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended. The proposed amendment would amend the following sections of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended: amending §36.1-650, Continued; composition; appointment and terms of members, etc., and subsection (a) of§36.1-653, Exercise of powers; generally; administration of oath and compelling attendance of witnesses, of Division 3, Board of Zoning Appeals, of Article VII, Administration, to increase the number of members of the Board of Zoning Appeals for the City of Roanoke, and to increase the number of concurring votes necessary for the Board to Act. A copy of said proposed amendment is available for review in the Office of the City Clerk, Room 456, Municipal Building. Questions about the content of the proposed regulation should be directed to the Office of Planning and Code Enforcement, 853-2344. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at 853-2541 before 12:00 noon on Thursday, June 13, 2002. GIVEN under my hand this 28thday of May ,2002. Mary F. Parker, City Clerk. Note to Publisher: Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:~NOTICES\N-CA-BZABOARD- PH- 061702.DOC CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21, 2002 File #373-516 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35954-061702 authorizing the City Manager to enter into an agreement with Orvis Roanoke, Inc., for lease of retail space of property located at 11 Campbell Avenue, S. E., for use by Orvis Roanoke, Inc., upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Jesse A. Hall, Director of Finance Elizabeth A. Neu, Director of Economic Development Dana D. Long, Manager, Billings and Collections H:kAgenda.02XJunc 17, 2002 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17t:h day of June, 2002. No. 35954-061702. AN ORDINANCE authorizing the City Manager to enter into an agreement with Orris Roanoke, Inc., for the lease of retail space of property located at 11 Campbell Avenue, S.E., for use by Orris Roanoke, Inc., upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate lease agreement with Orvis Roanoke, Inc., for the lease of 3,000 square feet of retail space within the Market Square Parking Garage, located at 11 Campbell Avenue, S.E., for use by Orvis Roanoke, Inc., such lease to be for a five (5) year term, beginning September 1, 2002, and ending August 31, 2007, at an initial rate of $900.00 per month, subject to an annual increase based on the Consumer Price Index; in addition to the base fee for rent, Orris Roanoke, Inc., will pay an amount based on the gross revenue of sales, such lease shall fur'daer be upon the terms and conditions as more particularly described in the City Manager's letter and attachments to this Council dated June 17, 2002. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:"ORD[NANCES~O-LEASE-ORVIS.DOC Office of the City Manager June 17,2002 The The The The The The The Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Public Hearing to Consider Continuing Lease of City Owned Property Background: The City of Roanoke currently leases 3,000 square feet of retail space to Orvis Roanoke, Inc. The current lease agreement of the property located at 11 Campbell Avenue SE, commonly known as the Market Square Parking Garage, expires August 31,2002. Orris Roanoke, Inc has expressed interest in continuing the lease of this space beyond the current term. To continue the lease of this property, a new lease agreement is required. Currently, Orris pays $876.81 per month ($10,521.72 per year) base rent. The current agreement also requires Orvis to pay an additional rent amount based on a percentage of gross sales generated from the leased premises. The amount paid for the current fiscal year was $11,390.00. Total rents paid for fiscal year 2002 equal $21,911.72. Considerations: The negotiations for a new agreement include a start date of September 1, 2002, with a term of five years. Also, the rent for the new agreement will increase to $900.00 per month ($10,800 per year), plus an annual increase based on the Consumer Price Index. In addition to the base fee for rent, the Orvis will pay an additional amount based on sales. Orris shall pay one percent (1%) of the first $500,000 in gross revenue from sales made from the leased premises each year, three percent (3%) of the gross revenue of $500,000 to $1,000,000, and four percent (4%) of the gross revenue over $1,000,000, which sum shall be payable within sixty (60) days of the end of each calendar year. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci. roanoke.va.us Mayor Smith and Members of Council Page 2 June 17, 2002 Recommended Action: Following the public hearing, authorize the City Manager to offer and execute a new lease agreement between the City of Roanoke and Orris Roanoke, Inc. for a term of five years. Re.spectfully submitted, Darlene L. Burcham City Manager DLB:slm C: Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Elizabeth A. Neu, Director of Economic Development Dana Long, Chief of Billings and Collections CM02-00137 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01921716 11 Campbell Ave. State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: Commonwealth/State City/County of Roanoke, Virginia. / Sworn and subscribed before me this .... of June A0~/ W~e~5~y han~ and official seal. ~~_~__~~/ , Notary My commission expires of ..... day Public PUBLISHED ON: 06/09 TOTAL COST: 132.84 FILED ON: 06/11/02 .................................................. to lease 3,000 square feet of retail space of City-owned property Ioc~md ~t 11 *Camp- bell A,~nue, S.W., ~ known m the Ml~a~ Sqoare Perking Gerege, to Orris Roanoke, Inc., for · pealed of oa more than fWe (5) yem~ of ~15.2-~BOO(B) ~d ZS/3, Code of V~i~nm (1950), m amended, notre is h~reby g~en thet me C~y Council of the City of Roenoke wtll hold a public headng oa the above commencing at ?.~0 p.m., In the Coondl Chenme~, 4th Church Avemm, S.W., Roanoke, Including all Exldblts, Is avail- able fTom the O~oa of the City Cisrk ~)r the City of Roanoke at (54O) 853-2541. their opiniooa en said matter. ablllt~ who needs Clerk's Office at 853-2541 day, June 13; 2O02. GIVEN und(w my hand this 5th Mary F. Pa~vaw, City Cleric (19217.16) Authorized Signature: , Billing Services Representative NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease 3,000 square feet of retail space of City-owned property located at 11 Campbell Avenue, S.W., commonly know as the Market Square Parking Garage, to Orvis Roanoke, Inc., for a period of no more than five (5) years. Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on June 17, 2002, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. A copy of the Lease, including all Exhibits, is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at 853-2541 before 12:00 noon on Thursday, June 13, 2002. GIVEN under my hand this 5th day of June ., 2002. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, June 9, 2002. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:\NOTICES\NL-ORV1S.DOCOrvis061702 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk June 21, 2002 File #28-67-268 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35955-061702 authorizing the City Manager to grant an easement to Appalachian Power Company, d/b/a American Electdc Power, for relocation of existing overhead electrical transmission and distribution lines, vacating the easement within such existing lines on City property; upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc.' Jesse A. Hall, Director of Finance Philip C. Schirmer, City Engineer H:~.genda.02',Junc 17, 2002 correspondencc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of June, 2002. No. 35955-061702. AN ORDINANCE authorizing the City Manager to grant an easement to Appalachian Power Company, d/b/a American Electric Power ("AEP") for the relocation of existing overhead electrical transmission and distribution lines; vacating of the easement within such existing lines on City property; upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, AEP has an existing easement for electrical transmission and distribution lines located on City property which needs to be relocated in connection with the Roanoke River Flood Reduction Project, and for purposes of establishing a greenway trail in the area; and THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia as follows: 1. The City Manager is hereby authorized to execute, and-the City Clerk is authorized to attest, the necessary documents granting an easement to Appalachian Power Company d/b/a American Electric Power, on City property located between Wasena Park and 13th Street for the relocation of electrical transmission and distribution lines and associated above ground equipment and the establishment ofa greenway trail, and vacating the existing easements, in connection with the Roanoke River Flood Reduction Project, as more particularly described in the City Manager's letter to Council dated June 17, 2002. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. Office of the City Manager June 17,2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Roanoke River Flood Reduction Project Easements for the Relocation of AEP Transmission and Distribution Lines The U.S. Army Corps of Engineers Roanoke River Flood Reduction Project contains channel widening and a greenway trail between Wasena Park and 13th Street. Along portions of this project, Appalachian Power Company, d/b/a American Electric Power (AEP), has existing easements for various overhead electrical transmission and distribution lines, located in the path of the project. The City has requested that AEP relocate several of these lines located on City-owned property to accommodate the Roanoke River Flood Reduction Project. Since AEP holds existing easements on these properties, they do not fall under the City's standard franchise agreement. The existing easements will be vacated as a condition of granting new easements. New easements across City-owned property are required for AEP to relocate their electric transmission and distribution lines, communication lines and associated above ground equipment, in, on, along, through, over, across and under the following described lands of the City. (See Attachments #1, #2, & #3 for maps.) Recommended Action(s): Following a public hearing, authorize the City Manager to execute the appropriate documents granting easements across City-owned property to Appalachian Power Company, d/b/a American Electric Power and vacating the existing easements. The new easements shall be for the purpose of relocating, reconstructing, owning, and operating electrical transmission and distribution lines and associated above ground equipment. Respectfully submitted, City Manager DLB/SEF Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci,roanoke.va.us C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Philip C. Schirmer, City Engineer #CM02-00080 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ............................................................................... ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01921681 NOTICE OF PUBLIC HE State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State Virginia. Sworn and subscribed before me this __ of June ~092., Wi~e~ my h.an,~ and official s e al. _~_~__~~'~ , No t a ry My commission expires ..... of day Public PUBLISHED ON: 06/09 TOTAL COST: 152.52 FILED ON: 06/11/02 NOTICE TO WHOM IT MAY CONCERN: ~e C~ty of Rononke p~ponss to grant' easements across between Wasena Pink end Power Company d/b/a Ameri- can E]ectflc Power (AEP) for cai trmmmMMon and dist~bu- tion ~ Ifte Roaonke Rivor of ~.2-~800(8) end ~8~3,, Code of Vl~lnis (2980), as amended, notice is hereby ~k~n Ulat the C~y Coun~l of the City of Roanoke MIl hokl a public hearing on the above ?:00 p.m., or as soon t~eronf- C. ?aytor Municipal Bulldlr~, 215 Church Avanue~ S.W., Roanoke, VIrllnis, at which al~ar and I~ hamd by ~onn- ctl on 2h~ subj~L Further Infix- medon In ~ form of a report ~o ~ ~oonctl datnd Jur~ ~.?, 2002 iS available from the City of Roanoke et (540) 853-2541. If you am e person Mth a dis- ability who need~ ~x~mmeda. tlons for INs honking, please (853-2541), before 12:00 noon on Thu~day, June 13, 2002. day of June, 2002. Mary F. Parker, City Cle~. (1921681) Authorized Signature: , Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The City of Roanoke proposes to grant easements across City-owned property, located between Wasena Park and 13th Street, to Appalachian Power Company d/b/a American Electric Power (AEP) for the purpose of relocating and reconstructing existing electrical transmission and distribution lines, and to vacate the existing easements, in connection with the Roanoke River Flood Reduction Project. Pursuant to the requirements of § § 15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting on Monday, June 17, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard in the Council Chambers, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, at which time citizens of the City shall be given an opportunity to appear and be heard by Council on the subject. Further information in the form of a report to City Council dated June 17, 2002 is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, June 13, 2002. GIVEN under my hand this 6th day of June ., 2002. Mary F. Parker, City Clerk. H:~qOT1CES\N-AEPEAS EMENT061702. DOC CITY OF ROANOI Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk June 21,2002 File #51 Martha P. Franklin, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Franklin: A report of the City Planning Commission in connection with a proposal of the City of Roanoke to consider amendment and revision to Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to provide for towing services and wrecker services under certain conditions in General Commercial, Light Manufacturing, and Heavy Manufacturing Districts, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 17, 2002. The matter was referred back to the City Planning Commission for further study, report and recommendation to Council. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk pc: Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue, S. W., Roanoke, Virginia 24016 Darlene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Steven C. Buschor, Director, Parks and Recreation Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney H:~a, genda.02~June 17, 2002 correspondence.wpd 'W