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HomeMy WebLinkAboutCouncil Actions 09-03-96WHITE 33099 ROANOKE CITY CO UNCIL REGULAR SESSION September 3, 1996 12:30 p. nr CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Vice-Mayor Wyatt and Council Member Harris were absent. Recess and reconvene in the EOC Conference Room, Room 159, Municipal Building South. Ao Joint meeting of the Roanoke City Council and the Roanoke City Planning Commission. (12:35 p.m. - 1:50 p.m.) B. Hearing of Citizens Upon Public Matters: None. ROANOKE CITY CO UNCIL REGULAR SESSION September 3, 1996 2:00 p. na CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL 1. Call to Order-- Roll Call. Vice-Mayor Wyatt arrived late. The Invocation was delivered by The Reverend James E. Cook, Associate Pastor, Trinity Missionary Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. 2 MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE MONDAY COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456. o CONSENT AGENDA C-1 (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. Minutes of the regular meetings of City Council held on Monday, June 3, 1996, and Monday, June 17, 1996. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. C-2 A communication fi.om Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #110-132 Executive Session. 3 C-3 C-4 A report of the City Manager requesting an Executive Session to discuss legal matters requiring the provision of legal advice by counsel, specifically being interpretation of loan documents and consideration of enforcement actions to collect a debt owed to the City, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #104-132 Executive Session. A communication from Mayor David A. Bowers with regard to the final action of the Henry Street Revival Committee. RECOMMENDED ACTION: Receive and file. File #110-132-511 C-5 Qualification oft he following persons: Martha P. Franklin as a Trustee of the City of Roanoke Pension Plan, Board of Trustees, for a term ending June 30, 2000; File #15-110-429 Joseph F. Lynn as a Commissioner of the City of Roanoke Redevelopment and Housing Authority to fill the unexpired term of James O. Trout, resigned, ending August 31, 1999; File #15-110-178 J. Stephen Shepard as a member of the Youth Services Citizen Board for a term ending May 31, 1999; and File #15-110-304 Mary S. Neal as a member of the Roanoke Arts Commission for a term ending June 30, 1999. File #15-110-230 RECOMMENDED ACTION: Receive and file. 4 REGULAR AGENDA 0 HEARING OF CITIZENS UPON PUBLIC MATTERS: None. ao Other Hearing of Citizens: Ms. Helen E. Davis, 35 Patton Avenue, N. E., and The Reverend Charles T. Green, 1731 Hanover Avenue, N. W., requested that the Gainsboro Branch Library remain open and functioning as a library within the community. File/t66-200-323 Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., addressed newspaper articles regarding a proposed road widening in Old Southwest; viz: one article stated that the road would be widened and a second followup article stated that the City had deferred to the neighborhood to abandon plans to widen several blocks of Franklin Road due to objections by residents. She pointed out that residents objected to the widening of Wells Avenue; however, they were told that rules required a public hearing which was attended by persons from throughout the Roanoke community, and based upon the public hearing, Wells Avenue was widened. She stated that if Old Southwest roads are not to be widened due to objections raised by residents, were the rules changed for historic Gainsboro or were they changed for Old Southwest. In the future, she requested that there be consistency in the application of rules regardless of race, f'mancial standing, or location. File #20-66-77-165-200-216-227-514 With regard to the Gainsboro Branch Library issue, the City Manager advised that a preliminary draft study report was released to the public, the matter was not handled to his satisfaction, and he would address the issue accordingly. With regard to the Franklin Road issue, the City Manager advised that Council, through the City Planning Commission, held a series of public hearings on the Franklin Road improvement project, and ultimately, a decision was made to terminate the project south of the intersection between Elm Avenue and Franklin Road, and Council adopted the final plan which was forwarded to the Virginia Department of Transportation. He explained that the Traffic Engineer, as he reviewed the repaving of certain sections of Franklin Road, talked with Old Southwest neighborhood leaders regarding two southbound lanes, that residents were concerned about the idea, discussed the matter with the news media, and brought their concerns to City Council. He pointed out that when the matter was later brought to his attention, he was of the opinion that Council had already taken a position on the matter and before proceeding further, it should be determined if an additional road project is needed. Therefore, he advised Old Southwest residents that the City must abide by previous decisions of the Council and no formal proposals would be submitted by City staff until a case could be made for an additional road project. The City Manager was requested to use all available resources of his office to brief citizens and Council on the status of the Gainsboro Branch Library and all other branch libraries in the City. Ms. Bethel filed a newspaper article with the City Manager and pointed out that the section of Franklin Road widening referred to in the article is not the same section of Franklin Road which the City Manager addressed in his remarks. The remarks of Ms. Davis, Reverend Green and Ms. Bethel were received and filed, and referred to the City Manager for appropriate response. 4. PETITIONS AND COMMUNICATIONS: a# bo Presentation by the Roanoke Redevelopment and Housing Authority with regard to the Lincoln 2000 Community Revitalization Project. Council Member James O. Trout, Council Liaison to the Roanoke Redevelopment and Housing Authority. (30 minutes) Adopted Resolution No. 33099-090396. (7-0) File #72-132-178-200-405-488 Presentation with regard to the activity and continued success of the Cost Collection Unit. Donald S. Caldwell, Commonwealth's Attorney. (5 minutes) Received and filed. File 020-62-133 A communication from the Roanoke City School Board requesting appropriation of $576,331.00 from the 1996-97 Capital Maintenance and Equipment Replacement Fund for purchase of science textbooks adopted for the current school year, technology software purchases, replacement of school buses, and facility alterations and additions; and appropriation of funds to certain school grant accounts; and a report of the Director of Finance recommending that Council concur in the request. Adopted Budget Ordinance No. 33100-090396. (7-0) File #55-60-236-270-467-472 5. REPORTS OF OFFICERS: a. CITY MANAGER: None. 7 ITEMS RECOMMENDED FOR ACTION: 1. A report recommending execution of an amendment to the agreement with West End Center, Inc., providing for an additional $9,000.00 grant of Community Development Block Grant funds for acquisition of a new facility. Adopted Budget Ordinance No. 33101-090396. (7-0) File #60-236.296 2. A report recommending an amendment to the City Code to repeal the requirement for a $5,000.00 bond for Class B and Class C contractors. Adopted Ordinance No. 33102-090396. (7-0) File #24-32 A report recommending execution of an amendment to extend the agreement with Wheelabrator Clean Water Systems, Inc., for an additional one year term to remove, transport and dispose of digested, lag##ned sludge from the Water Pollution Control Plant. Adopted Ordinance No. 33103-090396. (7-0) File #27 A report recommending transfer of $15,000.00 to support final engineering design of the proposed box culvert replacement at Th#mason Road, S. E. Adopted Budget Ordinance No. 33104-090396. (7-0) File 027-53-60-217-514 A report recommending transfer of $28,800.00 to pay the City's share of the regional greenway coordinator's position. Adopted Budget Ordinance No. 33105-090396. (7-0) File #60-200-326-379 bo DIRECTOR OF FINANCE: 1. A financial report for the month of July, 1996. Received and filed. File #1-10 A report with regard to fimding options for annual cost of living increases for City retirees participating in the Vir~nia Retirement System. Adopted Resolution No. 213106-090396. (7-0) File #60-121-429 6. REPORTS OF COMMITTEES: A report of the bid committee recommending award of a lump sum contract to Infilco Degremont, Inc., for the sum of $3,938,852.00, for a two-stage biological aerated filter treatment system at the Water Pollution Control Plant; and transfer of funds in connection therewith. Council Member John H. Parrott, Chairperson. Adopted Budget Ordinance No. 33107-090396 and Ordinance No. 33108-090396. (7-0) File 027-60 A report of the Water Resources Committee recommending acquisition of certain easements needed by the City for the Luck Avenue Storm Drain Project. Council Member James O. Trout, Vice-Chairperson. Adopted Ordinance No. 33109-090396. (7-0) File #27-28-468 do A report of the Water Resources Committee recommending execution of license agreements with Norfolk and Western Railway Co., for the Tinker Creek Interceptor Sewer System. Council Member James O. Trout, Vice- Chairperson. Adopted Ordinance No. 33110-090396. (7-0) File #27-65-223-322-468 A report of the Water Resources Committee recommending acquisition of all property fights needed by the City for construction of the Montelair and Lower North Lakes Detention Basins, in connection with the Peters Creek Flood Reduction Project; and transfer of funds in connection therewith. Council Member James O. Trout, Vice-Chairperson. Adopted Budget Ordinance No. 33111-090396 and Ordinance No. 33112-090396. (7-0) File #2-30-53-60-217-237-468-514 7. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ae Ordinance No. 33098, on second reading, rezoning a tract of land located on the northerly side of Lee Highway and the westerly side of Aerial Way Drive, S. W., containing 16.30 acres, more or less, identified as a portion of Official Tax No. 5200122, fi.om LM, Light Manufacturing District, to RM-2, Residential Multi-family, Medium Density District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 33098-090396. (7-0) File #51 9. MOTIONS AND MISCELLANEOUS BUSINESS: l0 Inquiries and/or comments by the Mayor and Members of City Council. Council authorized City staff to abstain from voting on the proxy to the question of whether or not Trigon Blue Cross Blue Shield should go public in a stock offering or stay as a mutual company; and secondly, that the City declare that it will take stock in lieu of cash if the company is permitted to demutualize. Vice-Mayor Wyatt abstained from voting. File #58-501 Council Member Trout advised that the Solid Waste Collection and Disposition Study Committee will hold its first meeting on Monday, September 9 at 9:00 a.m., in the EOC Conference Room. File #110-144 Council Member Swain advised that during 1996-97 budget study, it was his understanding that the City would conduct a study to determine if labor by non-violent criminals from the jail system could be used to supplement bulk refuse collection efforts in the City; however, no report has been received to date. He referred to an area in close proximity to the Municipal Building where bulk refuse items have been allowed to accumulate over a period of time, as well as a pile of brush in close proximity to his residence which has not been cleaned up due to the illness of the property owners. He stated that City crews traveling throughout Roanoke's neighborhoods could report bulk items that nccd to be collected, and added that there is a perception by some citizens that certain sections of the City are treated differently. The City Manager advised that a brief'mg will be presented to Council at its September 16 meeting with regard to bulk refuse collection efforts and Council's concurrence will be requested in a public participation process that is proposed to commence on September 30; he would be pleased to brief Council Member Swain on the issue of use of prison labor for bulk refuse collection; and bulk refuse items referred to by Council Member Swain will be removed upon receipt of specific locations. File #66-132-144-123-488 Council Member Harris referred to a communication under date of August 23, 1996, addressed to the Mayor from the Chairperson of the Roanoke City School Board with regard to delay of the capital bond referendum until the fall of 1997, and the complications the delay will create for the School Board in keeping on track with middle school renovations. He requested that the communication be referred to the City Manager and the Director of Finance to discuss other funding options, with a foilowup report to Council and the School Board. File #53-1:}2-467 Vice-Mayor Wyatt suggested that a citizens' advisory committee be appointed composed of representatives from throughout the City to make recommendations regarding Roanoke's overall parks system; whereupon, the City Manager advised that funds will be recommended in the Capital Maintenan.ce and Equipment Replacement Program for City-wide participation in a formal parks plan to be completed in 1996. File #67-110-132-270 Vacancies on various authorities, boards, commissions and committees appointed by Council. Expiration of the two-year terms of Mary F. Parker, City Clerk; James D. Grisso, Director of Finance; Robert H. Bird, Municipal Auditor; and Wilburn C. Dibling, Jr., City Attorney, on September 30, 1996. 10. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. CERTIFICATION OF EXECUTIVE SESSION. (7-0) Reappointed Mary F. Parker, City Clerk; James D. Grisso, Director of Finance; Robert II. Bird, Municipal Auditor; and Wilburn C. Dibling, Jr., City Attorney, for terms of two years each, ending September 30, 1998. File 01-38-83-280 Appointed David T. Altman as a Trustee to the City of Roanoke Pension Plan, Board of Trustees, for a term ending June 30, 1998. File #15-110-429 Reappointed Carolyn M. Johnson as a Commissio.ner of the Roanoke Redevelopment and Housing Authority for a term ending August 31, 2000. File #15-110-178 Appointed H. Victor G. ilchrist as a Commission.er of the Roanoke Redevelopment and Housmg Authority for a term endmg August 31, 2000. File #15-110-178 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL June 3, 1996 12:00 noon A joint meeting of the Roanoke City Council and the Vinton Town Council was called to order at 12:00 noon, on Monday, June 3, 1996, at the Vinton War Memorial, 814 East Washington Avenue, Vinton, Virginia, pursuant to Resolution No. 32952- 052096, Mayor David A. Bowers presiding. ROANOKE CITY COUNCIL MEMBERS PRESENT: Council Members Elizabeth T. Bowles, Delvis O. McCadden, John H. Parrott, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ..................................................... 6. ROANOKE CITY COUNCIL MEMBERS ABSENT: Council Member Wendell H. Butler- ................................................................................. 1. OFFICERS PRESENT REPRESENTING ROANOKE CITY: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Sandra H. Eakin, Deputy City Clerk. VlNTON TOWN COUNCIL MEMBERS PRESENT: Council Members Robert R. Altice, C. Buford Barton, Joseph L. Bush, Jr., and Mayor Charles R. Hill .............. -4. VINTON TOWN COUNCIL MEMBERS ABSENT: William E. Obenchain, Jr.--1. OFFICERS PRESENT REPRESENTING TOWN OF VlNTON: B. Clayton Goodman, III, Town Manager; Carolyn S. Ross, Town Clerk; Steve Wills, Assistant Town Attorney; and Shona Ringgenberg, Finance Director/Town Treasurer. The meeting was opened with a prayer by Vinton Mayor Charles R. Hill. Following lunch, the business portion of the meeting commenced at 12:45 p.m. Mayor Bowers referred to the Greenways project, which is a regional effort between Roanoke City, Roanoke County and the Town of Vinton, with the first proposed area to be from Downtown Roanoke to the Mill Mountain Star. He advised that the City has funded its share of the cost for the Greenways Coordinator. Habitat for Humanity_: Mayor Bowers referred to the Habitat for Humanity project and stated it is a worthwhile program which has built affordable homes for the poor and disadvantaged, mostly in the City of Roanoke; and the housing is welcome, needed infill housing. He urged the Town of Vinton to continue working with Habitat for Humanity to identify sites for homes in Vinton. Mayor Hill advised that the VintonTown Council will include this matter as an item of discussion on their agenda. Trans_oortation District: Mr. Herbert addressed the matter of a Transportation District in the Roanoke Valley and asked Stephen A. Mancuso, General Manager of Valley Metro, to provide an update on how Roanoke fits in with the rest of the State. Mr. Mancuso advised that the whole issue of a Transportation District involves the loss of federal funding and the City began to look at new sources of funding to replace the lost funds; that the City went to the General Assembly and asked for authorization for a tax on the sale of fuel and the effort failed; that other areas in the State have similar initiatives and failed also; that the Transportation Association will meet and rethink the matter and make plans to go before the General Assembly next year. He stated there is a study approved by the General Assembly to look at this issue and transportation in general; that current revenues are not sufficient to support the Valley Metro bus system; that the system had fifty percent of its funding cut from the federal government this year, and in two or three years the funds will go to zero. He stated that the loss of all federal funds will require the City to look for alternative sources of funding in order to maintain the current level of services. Mr. Herbert stated that Valley Metro will continue to provide the same level of service to Vinton and requested that the Town of Vinton support the City of Roanoke in its efforts. Mayor Hill advised that the Town of Vinton will contact Mr. Mancuso for more information regarding Vinton ridership and other matters relating to the bus service. Hicjher Education Center: Mayor Bowers addressed the matter of a Higher Education Center proposed for Downtown Roanoke and recognized Vice-Mayor William White, Sr., for a briefing on the matter. 3 Mr. White advised that the Higher Education Center concept is a center that would benefit all citizens in the Roanoke Valley; that Senator John S. Edwards was instrumental in getting the discussion started about the concept; it is still a conceptual project; the concept is to have a central location where the higher education needs of the Valley are met; and he requested that the officials of the Town of Vinton provide support and input for the concept. Mayor Hill agreed that the Roanoke Valley is long overdue in four-year degree training and the higher education system, and stated he believes all the Valley governments should work together to bring this about. Employee Health Care: Mayor Bowers advised there is an administrative team comprised of representatives from Roanoke City and Roanoke County working towards studying the cost of combining the employee health care systems, and invited the Town of Vinton to participate. Mayor Hill advised that the Vinton Town Manager has been informed of the progress and it is his understanding that at the appropriate time Bob Herbert and Elmer Hodge will notify the Town of Vinton of the necessary details. Reqional Sports Authority: Mr. McCadden advised that he believes one thing the Valley needs to promote in addition to citizen activity and tourism is a Regional Sports and Recreation Authority; he believes the need exists to bring recreational events in as a regional effort; and he will ask the local governments to support the effort by providing funding for it. He stated it is time for the Roanoke Valley to look to the future from the standpoint of entertaining the citizens as well as the tourism standpoint. Town/City Entranceways: Mr. Bush referred to the condition of the entrances and exits between the Town of Vinton and the City of Roanoke, and stated that he is concerned about the impression the entranceways make to tourists on their way to Smith Mountain Lake, the Parkway or other destinations; and the Town is looking into ways to improve the entrances to the Town and the City to make a good impression. He specifically referred to the condition of the paving and bridge near Precision Fabrics Group, Inc., and the paving near Thrasher Park on Gus Nicks Boulevard; and encouraged the Town and the City to work together to improve the entrances leading into and from the City of Roanoke and the Town of Vinton. 4 Mayor Hill requested that the City Manager and the City's Director of Public Works work with the Town Manager to address this issue, including the areas of Walnut Avenue, Gus Nicks Boulevard, Wise Avenue and Route 24. Mayor Hill expressed appreciation to the Mayor and Members of City Council for their willingness to meet with the Vinton Town Council, and suggested that the two bodies continue to meet on a quarterly basis. Mayor Bowers expressed appreciation to Mayor Hill and the Members of Vinton Town Council for their hospitality. HEARINGS OF CITIZENS UPON PUBLIC MATTERS: None. At 1:30 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., the Roanoke City Council meeting reconvened in the Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance: PRESENT: Council Members Elizabeth T. Bowles, Delvis O. McCadden, John H. Parrott, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ................................................................ 6. ABSENT: Council Member Wendell H. Butler ...................1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; Sandra H. Eakin, Deputy City Clerk; Robert H. Bird, Municipal Auditor; and Willard N. Claytor, Director of Real Estate Valuation. The reconvened meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. 5 ACTION: ACTION' CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for an Executive Session to discuss a personnel matter, being the appointment of a person to fill the unexpired term of the City Treasurer; and to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by Council. MINUTES: Minutes of the regular meetings of Council held on Monday, March 4, 1996, and Monday, March 18, 1996, were before the body. (For full text, see minutes on file in the City Clerk's Office.) Mrs. Bowles moved that the reading of the minutes be dispensed with and that the minutes be approved as recorded. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers ............................................................. -6. NAYS: None ................................................................... 0. (Council Member Butler was absent.) COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and 6 ACTION: committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers ............................................................. 6. NAYS: None .............. 0. (Council Member Butler was absent.) CITY TREASURER-COUNCIL-CITY EMPLOYEES-PERSONNEL DEPARTMENT: A communication from Mayor David A. Bowers requesting that Council meet in Executive Session to discuss a personnel matter, being the appointment of a person to fill the unexpired term of the City Treasurer, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the Mayor to convene in Executive Session to discuss a personnel matter, being the appointment of a person to fill the unexpired term of the City Treasurer, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers ............. 6. NAYS: None- 0. (Council Member Butler was absent.) BUILDINGS/BUILDING DEPARTMENT-HOUSING/AUTHORITY- PUBLIC WORKS-PLANNING: A report of the City Manager requesting that the matter relating to a Rental Inspection Program be continued until the meeting of Council on Monday, June 17, 1996, advising that representatives of the City Administration and a Task Force from the 7 ACTION: ACTION: Regional HouSing Network continue to work at clarifying some of the details in the program and translating them into appropriate language for ordinances and resolutions to be presented to Council, was before the body. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request to continue the matter until June 17, 1996. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers ........................................................ 6. NAYS: None ................................................................... -0. (Council Member Butler was absent.) COMMITTEES-OATHS OF OFFICE-YOUTH: A report of qualification of Carolyn L. Word as a member of the Youth Services Citizen Board, for a term ending May 31, 1999, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the report of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers .............................................................. 6. NAYS: None ....................................................................... 0. (Council Member Butler was absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: COMPLAINTS-ZONING: The Reverend Shadrack Brown, Jr., 3431 Kershaw Road, N. W., addressed Council with regard to the City's Zoning Regulations requiring a special exception to be granted by the Board of Zoning Appeals for tents used for public assembly, and 8 ACTION: ACTION: ACTION: specifically expressed concern with regard to the procedure required by the City to obtain a permit to erect tents for religious services. He stated that the process is lengthy and time consuming and feels that the time involved should be shortened; it takes approximately one and one-half months to get permission from the City of Roanoke to erect a tent; other localities such as Norfolk, Virginia Beach and Richmond do not require such a lengthy process; and he requested that the City consider changes to its procedure. The City Manager stated that he had an opportunity to discuss the matter with Reverend Brown and advised that an internal team has been set up to review the matter and it is anticipated that staff will be in a position to present a briefing to Council in August outlining some potential new options. Without objection by Council, the Mayor advised that the matter would be referred to the City Manager for study, report and recommendation to Council. OTHER HEARINGS OF CITIZENS: SCHOOLS: Mr. Bill Ballentine, 3321 Birchwood Street, N. E., addressed Council with regard to the renovation of Breckinridge Middle School, advising that the renovation will cause one more school to slip away from Roanoke unheralded; that the school was the home of William Fleming High School from 1933 to 1961, and the alumni of the old William Fleming High School feel disenfranchised and alienated from the school; and he appealed to Council for proper recognition of the old William Fleming High School. Mayor Bowers advised that under the laws of the Commonwealth of Virginia, matters involving the schools are under the jurisdiction of the School Board, which would be the proper forum for Mr. Ballentine's remarks. Without objection by Council, the Mayor advised that the remarks of Mr. Ballentine would be received and filed. ZONING: Mr. Parrott referred to the previous action by Council at its meeting on Monday, May 20, 1996, denying the request of Douglas E. Caton to rezone certain property fronting on Orange Avenue and King Street, N. E. Mr. Parrott moved that Council reconsider the application to rezone a portion of a certain tract of land fronting on Orange AvenUe and King Street, N. E., being Official Tax Nos. 7090506 and 7090501, from C-2, General Commercial District, and RS-3, Residential Single-family District, to RM-2, Residential Multi-family District, subject to certain conditions proffered by the petitioner; that a public hearing be scheduled for July 15, 1996, at 7:00 p.m.; and that the staff reissue all required public notices of such hearing at the expense of the petitioner. The motion was seconded by Mr. White. Mr. Parrott advised that his purpose for asking for a reconsideration of the matter is because following the City Council meeting at which the request was denied, it became apparent to him that all avenues in trying to work out this matter had not been fully explored between the petitioner and the City Planning Commission, and he would like to give the petitioner and the City Planning Commission an opportunity to meet and discuss other alternatives, and bring back other alternatives to Council. Mayor Bowers stated he has been advised that since the public hearing there was an objection from a citizen, and since that time, there has been some further discussion between the developer and that citizen, and that perhaps given a few more days the matter may be resolved. David C. Helscher, Attorney for the petitioner, advised that his client appreciates Council's willingness to reconsider this matter; they have been in contact with the citizen who opposed the request and it is felt this additional time will afford them an opportunity to find a common ground, and they are confident the objections can be overcome. ACTION: Ms. Linda Manns advised that she and her husband, Thomas Manns, are continuing discussions with the petitioners and believe they will be able to work out an agreement. The motion offered by Mr. Parrott, seconded by Mr. White, to reconsider the rezoning matter, was approved with Mr. McCadden voting no. l0 ACTION: PETITIONS AND COMMUNICATIONS: ACTS OF ACKNOWLEDGEMENT-ROANOKE BAR ASSOCIATION: A communication from Mayor David A. Bowers advising that James N. Kincanon, former City Attorney, has served as Secretary-Treasurer of the Roanoke Bar Association for more than 50 years, and requesting Council's adoption of the proper measure honoring Mr. Kincanon, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#32960-060396) A RESOLUTION recognizing and commending James N. Kincanon for more than fifty years of service as Secretary- Treasurer of the Roanoke Bar Association. (For full text of Resolution, see Resolution Book No. 58, page 436.) Mr. Parrott moved the adoption of Resolution No. 32960-060396. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers .6. NAYS: None .0. (Council Member Butler was absent.) BUDGET-CMERP-SCHOOLS-EQUIPMENT: A communication from the Roanoke City School Board requesting appropriation of $125,976.00 from the 1995-96 Capital Maintenance and Equipment Replacement Fund, to purchase technology software based on school requests, replace an overage maintenance vehicle, make facility repairs resulting from winter storm damage, meet ADA access requirements, and purchase furniture and equipment for Jackson Middle School and the new modular additions; and appropriation of $110,000.00 to the Schools' General Fund for additional cafeteria revenues to recognize the higher level of participation in the student lunch program and the resulting higher level of expenses required for food purchases, was before Council. A report of the Director of Finance recommending that Council concur in the request of the School Board, advising that this is the ninth and final appropriation of the School Board's fiscal year 1995-96 Capital Maintenance and Equipment Replacement Program funding of $2,394,036.00, was also before Council. (For full text, see reports on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: (#32962-060396) AN ORDINANCE to amend and reordain certain sections of the 1995-96 School and General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 438.) ACTION: Mr. McCadden moved the adoption of Ordinance No. 32962- 060396. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. NAYS: None ...................................................................... 0. (Council Member Butler was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: HUMAN DEVELOPMENT-HOUSING/AUTHORITY-PUBLIC WORKS- PLANNING-GRANTS: The City Manager submitted a written report advising that on May 8, 1995, pursuant to Resolution No. 32476-050895, Council authorized the Roanoke Redevelopment and Housing Authority's 1995-96 HOME activities and funding as part of the Consolidated Plan approved for submission to the U. S. Department of Housing and Urban Development (HUD); Council authorized the City Manager to execute an agreement with the Housing Authority to implement the Authority's 1995-96 HOME activities, pursuant to Resolution No. 32602-081495; and funding for the following three housing rehabilitation programs is included in the Housing Authority's agreement: Owner-Occupied Rehabilitation for the elimination of substandard conditions in owner- occupied houses. Purchase-Rehabilitation - for the purchase and rehabilitation of deteriorated houses to be occupied by the buyer. Rental Rehabilitation for the rehabilitation of substandard rental properties. Financing for the abovelisted programs combines the City's HOME funds with Urban Rehabilitation Program loan funds allocated to the City by the State. It was further advised that applications for the Owner-Occupied Rehabilitation and Purchase-Rehabilitation programs exceed HOME funding allocated in the Agreement for these activities; applications for the Rental Rehabilitation Program leave $50,000.00 uncommitted from the HOME funds allocated in the Agreement for this activity; access to State Urban Rehabilitation loan funds expires on or shortly after June 30, 1996; and Council must authorize amendment of the Roanoke Redevelopment and Housing Authority Agreement in order to make the unused Rental Rehabilitation funding available to the other two programs. The City Manager recommended that he, or the Assistant City Manager, and the City Clerk, be authorized to execute and attest, respectively, Amendment No. 2 to the 1995-96 HOME Agreement with the Roanoke Redevelopment and Housing Authority, in a form to be approved by the City Attorney; and the transfer of HOME funds as follows: 13 $50,000.00 from 1993 HOME RRHA, Account No. 035-052- 5301-5236 to 1993 HOME RRHA, Account No. 035-052- 5301-5260. ACTION: (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (#32963-060396) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 440.) Ms. Wyatt moved the adoption of Ordinance No. 32963-060396. The motion was seconded by Mr. White and adopted by the following vote: ACTION: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers ~. NAYS: None ................................................................... -0. (Council Member Butler was absent.) Ms. Wyatt offered the following resolution: (#32964-060396) A RESOLUTION authorizing execution of Amendment No. 2 to a HOME Investment Partnerships Program Subrecipient Agreement between the City and the City of Roanoke Redevelopment and Housing Authority, dated August 15, 1996, for funding of the rehabilitation of certain properties from HOME funds. (For full text of Resolution, see Resolution Book No. 58, page 441.) Ms. Wyatt moved the adoption of Resolution No. 32964-060396. The motion was seconded by Mr. White and adopted by the following vote: 14 AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. NAYS: None ................................................................. 0. (Council Member Butler was absent.) BUDGET-WORKERS COMPENSATION: The City Manager submitted a written report advising that Workers' Compensation is defined as "exclusive remedy, under law, for all covered employees for compensating injuries and occupational diseases arising in the course of and within the scope of employment"; the City is entirely self-insured for Workers' Compensation liability; funding has been budgeted for the current fiscal year to cover worker's compensation wage and medical payments, which types of fringe benefits are budgeted as a lump sum in the non-departmental category because annual charges for each department are difficult to accurately project; workers' compensation expenditures for fiscal year 1995-96 are projected to be approximately $700,000.00, which is based on actual expenditures through April 30, 1996, and projected expenditures for May and June, 1996; and funding to cover' fiscal year 1995-96 Workers' Compensation claims is adequate and needs to be allocated to departmental accounts from the non- departmental category. The City Manager recommended that Council authorize the transfer of $700,000.00 to cover workers' compensation claims during the current fiscal year, as follows: Workers Compensation - Wages, Account No. 001-004- 9110-1135, $350,000.00; and Workers Compensation - Medical, Account No. 001-004- 9110-1140, $350,000.00. (For full'text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#32965-060396) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 442.) 15 ACTION: Mr. White moved the adoption of Ordinance No. 32965-060396. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers ........................................................... -6. NAYS: None. O. (Council Member Butler was absent.) BUDGET-PUBLIC WORKS-CITY EMPLOYEES-FLEET MAINTENANCE FUND-SNOW REMOVAL-STREETS AND ALLEYS: The City Manager submitted a written report advising that $455,813.00 was expended for overtime salaries, supplies, chemicals, and contract services during the months of December 1995 and January and February 1996 for snow removal operations; 1995-96 budget included $96,449.00 for snow removal from the City streets and rights-of-way for overtime salaries, supplies and chemicals; on March 4, 1996, Council authorized the transfer of $330,716.00 to the Snow Removal accounts; $16,688.00 has been expended in excess of the total appropriations, after final charges were made to line item accounts; 1,000 tons of de- icing salt needs to be purchased to fully restock the salt storage facility prior to the 1996-97 snow season; and snow removal equipment needs to be repaired and components replaced, i.e., snow blades, cuffing edges, etc. The City Manager recommended that Council authorize the transfer of $75,000.00 to the following Snow Removal accounts: Overtime Wages Expendable Equipment Motor Fuels & Lubricants Chemicals Materials Control Fleet Management 001-052-4140-1003 001-052-4140-2035 001-052-4140-2038 001-052-4140-2045 001-052-4140-7010 001-052-4140-7025 4,108.00 14,428.00 2,421.00 47,O00.O0 3,438.00 3.605.00 $75,000.00 16 ACTION: Funding Sources: 1996 Snow Storm Recovered Costs (001-020-1234-0714) (001-024-3310-8005) $25,000.00 50.000.00 $75,000.00 (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#32966-060396) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 445.) Mr. Parrott moved the adoption of Ordinance No. 32966-060396. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers ................... 6. NAYS: None ..................................................................... -0. (Council Member Butler was absent.) OCCUPATIONAL NURSE-CITY EMPLOYEES-PERSONNEL DEPARTMENT-LEASES: The City Manager submitted a written report advising that the sublease with C. W. Francis & Son, Inc., for additional office space required by the Occupational Health Nurse was authorized on October 23, 1995, pursuant to Ordinance No. 32724-102395; additional space was needed to temporarily relieve over-crowding until a permanent facility is ready for occupancy; initial term of the sublease was for a period of six months, to continue on a month-to-month basis thereafter, with a 30 day termination provision; and the initial term of the sublease expired on May 31, 1996. It was further advised that C. W. Francis & Son, Inc., t/a Francis Realtors, is no longer the sublessor due to the death of James L. Trinkle; the estate of James L. Trinkle is now the owner and lessor, through Francis Realtors as Agent; Personnel Management needs to 17 ACTION: assure the right to continued use of the space for at least one additional year; Lessor has agreed to extend the lease at the same rats for a one year period, expiring May 31, 1997; the City would be responsible for maintenance and service required in maintaining the heating and air conditioning units, except for any major repairs in excess of $500.00, which will be the responsibility of the Lessor; lease provides that both landlord and City agree to indemnify and hold harmless the other from and against any loss, damage or liability occasioned by or resulting from any willful or negligent act on its part; the rental rate will remain $600.00 per month for the 2,525 square feet, which calculates to be $2.85 per square foot per year, which is considered to be an exceptionally good price for space of this type; and the Lessor has also agreed to an option to renew for two additional one year terms, at the rate of $1,200.00 per month. The City Manager recommended that Council authorize a new lease between the City and the Estate of James L. Trinkle, in a form to be approved by the City Attorney, for an initial term of one year at the rate of $600.00 per month, beginning June 1, 1996, with an option to renew for two additional one-year terms, at the rate of $1,200.00 per month. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency ordinance: (#32967-060396) AN ORDINANCE authorizing proper City officials to execute a lease agreement with the Estate of James L. Trinkle for use of office space at 120 West Kirk Avenue, by the Occupational Health Nurse, upon certain terms and conditions, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 446.) Mrs. Bowles moved the adoption of Ordinance No. 32967-060396. The motion was seconded by Ms. Wyatt and adopted by the following vote: 18 AYES: Council Members Bowles, McCadden, Parrott, White and Wyatt ................................................................. 5. NAYS: None .0. (Council Member Butler was absent.) (Mayor Bowers abstained from voting.) HOUSING/AUTHORITY-PUBLIC WORKS-PLANNING-GRANTS- ARCHITECTURAL REVIEW BOARD-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that the Historic Building Matching Facade Grant Program is a Community Development Block Grant (CDBG) funded program authorized by Council, pursuant to Resolution No. 32476-050895, adopted on May 8, 1995, for the purpose of encouraging the preservation and rehabilitation of historic structures in the City of Roanoke by providing a financial incentive; and program guidelines include the following: eligible structure must be in an H-l, Historic District; maximum grant amount is $5,000.00 per building; and facade design must meet Secretary of the Interior Standards for Rehabilitation of Historic Buildings and must be approved by the Architectural Review Board. It was further advised that Briar Oak Investments, II, L.L.C., has applied for two facade grants of $5,000.00 each to rehabilitate two buildings located at 15 East Salem Avenue, described as Official Tax Nos. 4010309 and 4010311, which buildings are located within the H-l, Historic District, and currently vacant; rehabilitation of the buildings will create 24,000 square feet of office and retail commercial space in downtown, with new jobs to be created; design plans for exterior rehabilitation of the buildings have been approved by the City's Architectural Review Board and are consistent with Secretary of the Interior's Standards; and exterior plans include rehabilitation of the building walls, storefront, windows and installation of awnings. The City Manager recommended that he be authorized to execute an agreement with Briar Oak Investments, II, L.L.C., for the provision of $10,000.00 in Community Development Block Grant Matching Facade Grant Funds for rehabilitation of the buildings located at 15 East Salem Avenue. ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#32968-060396) A RESOLUTION authorizing the City Manager to execute an agreement with Briar Oak Investments, II, L.L.C., to provide funding for reimbursement of expenses associated with rehabilitation of buildings in connection with the CDBG Matching Facade Grant Fund Program, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 58, page 447.) Mr. Parrott moved the adoption of Resolution No. 32968-060396. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers ............................................................... -6. NAYS: None ..................................................................... -0. (Council Member Butler was absent.) TRAFFIC-STATE HIGHWAYS-PUBLIC WORKS-INDUSTRIES- STREETS AND ALLEYS: The City Manager submitted a written report advising that on January 16, 1996, Council approved Resolution No. 32810-011696, which authorized the City Manager to apply to the Virginia Department of Transportation (VDOT)for roadway construction funds to provide industrial access for Roanoke Electric Steel Corporation; application was made on January 22, 1996, for a 0.17 mile project that would link Roanoke Electric Steel to the second phase of the Peters Creek Road Expansion Project (soon to be under construction); City and VDOT staffs have worked together during the past few months to refine the industrial access road application to improve its opportunity for approval by the Commonwealth Transportation Board; issues such as the connection from the Roanoke Electric Steel property to the access road, employment impact, and 2O adjacent land use have all been evaluated to VDOT's apparent satisfaction; truck traffic generated by Roanoke Electric Steel is the only remaining issue; VDOT insists that before the road application can be recommended for Commonwealth Transportation Board approval, the City must give VDOT satisfactory assurances that all truck traffic for Roanoke Electric Steel will be eliminated on Westside Boulevard (their current access road); in order to accomplish this, the City will need to furnish VDOT with a bond in the amount of the project, which guarantee needs to be for a three-year period beginning on the date of the funding allocation; Roanoke Electric Steel will need to make a good faith effort during that time to change their internal roadway operations to enable all trucks to connect to the proposed industrial access road; as a result of said changes, the City could then, with signage, restrict all through trucks from using the appropriate portion of Westside Boulevard; and if Roanoke Electric Steel's trucks are not eliminated from Westside Boulevard by the end of the three-year period, forfeiture of the bond would result (the actual bond would not be needed until construction is set to begin and, therefore, will be for less than three years). The City Manager recommended that Council adopt a resolution indicating that all Roanoke Electric Steel trucks will be eliminated from Westside Boulevard within three years from the date of the funding allocation for the proposed industrial access road, and that Westside Boulevard will be posted by the end of that three-year period to prohibit through' trucks or the City will reimburse the Virginia Department of Transportation the bonded amount, estimated to be $304,850.00, to repay the industrial access funds. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#32969-060396) A RESOLUTION concurring with the recommendation of the Virginia Department of Transportation (VDOT) that all Roanoke Electric Steel Corporation truck traffic be prohibited from using Westside Boulevard within three years from the date of the funding allocation for the proposed industrial access road, and that appropriate signage prohibiting through trucks on Westside Boulevard will be put in place, and to provide a bond to VDOT in the estimated amount of $304,850 to assure compliance. (For full text of Resolution, see Resolution Book No. 58, page 447.) 2! ACTION: Mr. White moved the adoption of Resolution No. 32969-060396. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, McCadden, White, Wyatt and Mayor Bowers ............................................................................. 5. NAYS: None ....................................................................... -0. (Council Member Butler was absent.) abstained from voting.) (Council Member Parrott BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a written report advising that filter media, which is the substrate in the filters that remove solids from water and is made up of coal, sand and gravel, needs to be replaced at the Water Pollution Control Plant, inasmuch as the media is 20 years old; high flows, continuous for four months, have necessitated the replacement of the media, which has compacted from the high flows, preventing proper filtration and cleaning through backwashing; media life is not defined; the filters have had media added every four years to replace media that has been lost due to backwashing; the media at the Water Department has lasted from 40 to 50 years; filters at the Water Pollution Control Plant receive more solids that drinking water, so the life will not be as long; cost of the media is approximately $100,000.00 for four filters, with media having been ordered for the four filters; the four remaining filters will have media replaced in the next budget; funds need to be appropriated from retained earnings to cover the cost of the media, which funds are budgeted in fiscal year 1996-97 to cover the cost of the four remaining filters; high flows are causing some permit violations due to filter failure; filters operate satisfactory at normal flows; and media has been ordered to refurbish four filters, with the remaining four filters to have media replaced after July 1996. The City Manager recommended that Council authorize the appropriation of $100,000.00 from Sewage Treatment Plant Retained Earnings to Sewage Treatment Plant Account No. 003-056-3155-2048, to cover the cost of ordering new media. (For full text, see report on file in the City Clerk's Office.) 22 ACTION: Mrs. Bowles offered the following emergency budget ordinance: (#32970-060396) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 449.) Mrs. Bowles moved the adoption of Ordinance No. 32970-060396. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers .6. NAYS: None. .0. (Council Member Butler was absent.) BUDGET-ROANOKE CiViC CENTER: The City Manager submitted a written report advising that the original fiscal year 1996 Civic Center budget appropriation totaled $2,512,336.00, including operations, promotions, depreciation and capital outlay; budget adjustments through April 1996 total $260~687.00; with the current Civic Center budget as of April 1996 totalling $2,773,023.00; total expenses for fiscal year 1996 are estimated to total $2,833,023.00, an increase of $60,000.00 over the current budget; primary reasons for over budget expenditures are the increase in the number of events as well as a direct increase in expenses attributed to those events; in addition, a major portion of expenses is related to the Coliseum seating renovation project and the purchase of an ice re-surfacing machine; appropriation of funds from revenues is requested to cover the cost of additional operational expenses; and a funding source is available from Civic Center revenues due to an increase in the total number of events, with substantial increases in concessions and ice rentals. The City Manager recommended that Council concur in the following actions: adjust the revenue estimates by $71,600.00, as follows: increase Coliseum Rental, Account No. 005- 020-1234-0936, by $60,000.00; increase Interest on Investments, Account No. 005-020-1234-0913, by $15,000.00; increase Miscellaneous, Account No. 005-020-1234-0917, by $1,000.00; decrease Auditorium Rental, Account No. 005-020-1234-0937, by $7,400.00; increase Exhibit Hall Rental, Account No. 005-020-1234-0938, by $1,000.00: decrease Parking Fees, Account No. 005-020-1234- 0939, by $25,000.00; decrease Advance Ticket Sales, Account No. 005- 020-1234-0942, by $35,000.00; increase Cashiem, Account No. 005-020-1234-0944, by $3,000.00; increase Security Guards, Account No. 005-020- 1234-0945, by $3,000.00; decrease Catering, Account No. 005-020-1234-0949, by $10,000.00; increase Concessions, Account No. 005-020-1234- 0950, by $10,000.00; and increase Ice Rental, Account No. 005-020-1234- 1140, by $56,000.00 appropriate funds totalling $60,000.00 to cover cost of operating expenses, as follows: $40,000.00 to Maintenance - Buildings, Account No. 005-056-2105-2050; 23 24 ACTION: $10,000.00 to Project Supplies, Account No. 005-056-2105-3005; and $10,000.00 to Natural Gas, Account No. 005- 056-2105-2024. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: (#32971-060396) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 450.) Mr. McCadden moved the adoption of Ordinance No. 32971- 060396. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers ........................................................... 6. NAYS: None. (Council Member Butler was absent.) BUDGET-FIRE DEPARTMENT-CITY EMPLOYEES-EMERGENCY MEDICAL SERVICES: The City Manager submitted a written report advising that medical bills for ambulance transport by the City are collected and processed by Quantum Medical, Inc., on a contractual basis, which contract has an escalator clause that increases the contract amount with increased billings and collections; ambulance transport fees will exceed budgetary estimates by $375,000.00, thereby generating additional fees totalling $44,190.00 due to Quantum Medical, Inc.; increased ambulance service demands in the northwest quadrant of the City during fiscal year t995-96 necessitated the assignment of an additional staffed ambulance on the north side to provide needed ALS (Advanced Life Support) service, which resulted in $67,530.00 in personnel costs to provide this vital emergency ambulance service that 25 was not budgeted for; the increase in staffing was necessitated by the increase in demands placed on the north side ambulance units; the northwest area constitutes fully 40 per cent of all ambulance calls for service. It was further advised that Emergency Medical Services expenditures will exceed budgeted amounts by fiscal year end as a result of additional EMS billing contract costs with Quantum Medical ($44,190.00) and EMS coverage enhancement to north side of the City ($67,530.00); an additional funding source needs to be identified to cover the shortfall; additional resources will not be needed for fiscal year 1996-97; and a target date of August 1, 1996 is identified to convert EMS personnel to 24-hour shifts, which will provide the north side of the City with adequate coverage without additional resources. The City Manager recommended that Council approve the following expenditure transfers and increase the revenue estimate for EMS billings to $1,095,000.00 to cover the costs of $67,530.00 for enhanced EMS staffing and $44,190.00 for increased costs of collections: Revenue: Account No. 001-020-1234-0864 EMS Billings (Increase in Revenue Estimate to $1,096,000.00) $64,190.00 Expenditures: Account No. 001-050-3213-1052 Account No. 001-050-3213-1002 Account No. 001-050-3521-1004 Account No. 001-050-3521-1120 Account No. 001-050-3521-2010 EMT Supplement Personnel Lapse EMS Temp Wages EMS FICA Fees/Professional Services $(10,708.00) $(36,822.00) $ 62,364.00 $ 5,166.00 $ 44,190.00 (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#32972-060396) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 453.) 26 ACTION: Mr. Parrott moved the adoption of Ordinance No. 32972-060396. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt, and Mayor Bowers 6. NAYS: None ................................................................. -0. (Council Member Butler was absent.) HUMAN DEVELOPMENT-TOTAL ACTION AGAINST POVERTY: The City Manager submitted a written report advising that the Employment Services Program under the Administration of the Department of Social Services was established by the Federal Jobs Bill in 1988 to help dependent families achieve self-sufficiency; and the Department of Social Services desires to contract for the following two components of the Jobs Bill: Grou_o Job Search - an activity designed to offer four weeks of classroom training to building self-esteem, motivation, and specific job seeking skills, with 520 plus anticipated participants; and Work Ex_~erience - on-the-job training for up to six months in a non-profit or public organization where job-related skills may be improved, with 230 plus anticipated participants. It was further advised that the City of Roanoke receives 100 per cent reimbursement from the State Department of Social Services for the cost of the project; specifications were developed and, along with Request for Quotations, were sent to 15 vendors known to be able to provide similar services; and after due and proper advertisement in The Roanoke Times and in the Roanoke Tribune, three bid responses were received and publicly opened and read on March 29, 1996, at 2:00 p.m., in the Office of the Manager of Supply Management, as follows: lowest bid, submitted by ARC - Roanoke, Inc., will provide services to a maximum of 560 participants, which is well below the anticipated 750 plus participants; 27 ACTION: second lowest bid, submitted by the Fifth District Employment and Training Consortium, will provide services to a maximum of 540 participants, which is well below the anticipated 750 plus participants; and third lowest bid, submitted by Total Action Against Poverty, offers to provide services for Employment Services Program participants, which are anticipated to be 750 or more. The City Manager recommended that he be authorized to execute contracts, in a form to be approved by the City Attorney, for Group Job Search and Work Experience with Total Action Against Poverty, in the amount of $100,000.00 for Group Job Search and $100,000.00 for Work Experience, to provide necessary training for participants to ensure self-sufficiency; and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following resolution: (#32973-060396) A RESOLUTION authorizing an Agreement or Agreements with Total Action Against Poverty in Roanoke Valley, Inc. ("TAP"), to provide services required for two components of the Employment Services Program administered by the Department of Social Services. (For full text of Resolution, see Resolution Book No. 58, page 452.) Mrs. Bowles moved the adoption of Resolution No. 32973-060396. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt, and Mayor Bowers .............................................................. 6. NAYS: None O. (Council Member Butler was absent.) 2,8 Mr. Richard Dickson, Executive Director, ARC-Roanoke CHD Industries, 3355 Shenandoah Avenue, N. W., advised that the proposal presented by ARC-Roanoke was a joint proposal with Goodwill Industries; he made several follow-up calls since submitting the bid; and ARC-Roanoke would have appreciated the opportunity to adjust its quote to provide services to 750 participants. Following discussion with regard to the requirement to provide services to 750 participants, the City Manager advised that the requirement to provide services to 750 participants was included in the bid specifications, and it was his understanding that the bid of ARC- Roanoke was deemed unresponsive. HUMAN DEVELOPMENT-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that homelessness remains a critical issue in the City; the City and the Roanoke Redevelopment and Housing Authority have worked cooperatively with nine local community agencies to develop and submit a proposal for funding through the U. S. Department of Housing and Urban Development (HUD) for Shelter Plus Care funds; Council authorized the acceptance and the appropriation of the Shelter Plus Care Grants Program grant award of $536,160.00 from HUD for Shelter Plus Care activities, pursuant to Resolution No. 32737-111395 and Budget Ordinance No. 32736-111395, adopted November 13, 1995, which grant provides for 21 portable tenant-based rental assistance units for disabled homeless persons and their families; clients may select the appropriate housing unit of their choice anywhere in the Cities of Roanoke and Salem, the Counties of Roanoke and Botetourt, and the Town of Vinton; and the Housing Authority currently administers Section 8 Rental Housing Assistance, which is similar to Shelter Plus Care tenant-based rental assistance. It 'was further advised that the Shelter Plus Care funds budgeted for rental assistance totals $536,160.00 for assistance to 21 qualifying disabled, homeless individuals and their families for five years; an Administrative Agreement between the City and the Housing Authority is necessary before the Housing Authority can receive payment for rental assistance for qualifying individuals, which Agreement shall be for the period of five years commencing on the date of the first draw- down of funds from the U. S. Department of Housing and Urban Development; and the Roanoke Redevelopment and Housing Authority shall indemnify and hold harmless the Grantee, its officers, agents, consultants and employees, against any and all losses, costs, or ACTION: expenses, including reasonable attorney's fees, and costs of defense, resulting from any claim, whether or not reduced to a judgement, and for any liability of any nature whatsoever, that may arise out of or result from the Housing Authority's intentional or negligent acts or omission in providing services under the Agreement, including, without limitation, fines and penalties, violation of Federal, State or local laws, or regulation promulgated thereunder, personal injury, wrongful death or property damage. The City Manager recommended that he, or the Assistant City Manager, and the City Clerk be authorized to execute and attest, respectively, a Shelter Plus Care Agreement with the Roanoke Redevelopment and Housing Authority and any amendments thereto, if necessary, to be approved as to form by the City Attorney, within the limits of funds set forth in the report for the purposes specified therein. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: (#32974-060396) A RESOLUTION authorizing appropriate City officials to enter into a Shelter Plus Care Subrecipient Agreement, and any necessary amendments thereto, with the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 58, page 453.) Mr. McCadden moved the adoption of Resolution No. 32974- 060396. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt, and Mayor Bowers ............................................................. 6. NAYS: None ....................................................................... 0. (Council Member Butler was absent.) TRAFFIC-PARKS AND RECREATION-DRUGS/SUBSTANCE ABUSE-ACTS OF ACKNOWLEDGEMENT: The City Manager submitted a written report advising that on Monday, May 20, 1996, Council received a request from Brenda A. Altman, President, Smith Mountain Lake Chapter, Mothers Against Drunk Driving, that the Mill Mountain 29 30 Star be turned red for 48 hours following any alcohol or drug related traffic fatality in the area; Beverly T. Fitzpatrick, Jr., Executive Director, The New Century Council, submitted a brochure, including support for the idea from numerous individuals, groups, and officials throughout the New Century region; there is seemingly widespread support for the idea as a means of calling public attention to the carnage which takes place on our highways and the need to promote safer driving habits; and many persons see the Mill Mountain Star as a highly visible regional symbol which can bring maximum attention to the current social problem of drinking and driving. It was further advised that the star has different symbolic meaning for some persons; the City receives 20 to 30 calls a year from individuals and organizations who want to turn the star different colors for various reasons and events; inasmuch as the star has served as a community symbol, changes have only been approved for City- sponsored reasons, such as the red, white and blue colors for All- America City and in honor of America's troops in Desert Storm; the City's Mill Mountain Development Committee has expressed reservations concerning this proposed use of Roanoke's most visible public symbol and has not endorsed the "Keep The Star White Campaign"; and the star is currently turned red each year in October to promote the City's sponsorship of Red Ribbon Week for drug and alcohol awareness. The City Manager recommended that should Council favor approving the "Keep The Star White Campaign" request, the following guidelines be implemented: official notification by a representative of the Virginia State Police of an alcohol- or drug-related traffic fatality within the New Century region must be received by the City, which will avoid duplication of information and erroneous changes in the star coloration; the City will change the color of the star to red for two consecutive evenings beginning with the next regular work day for City employees; if the City needs to perform maintenance, such as repainting, the lighting of the star may need to be suspended for periods of time; and ACTION: ACTION: the campaign should be re-evaluated after six months to consider its success and/or any desired modifications. (For full text, see report on file in the City Clerk's Office.) The Mayor requested that the communication from Brenda A. Altman, President, Smith Mountain Lake Chapter, Mothers Against Drunk Driving, under date of April 23, 1996, requesting that the Mill Mountain Star be turned red for 48 hours following any alcohol or drug related traffic fatality in the area, be made a part of the official record. Ms. Wyatt moved that Council approve a 90-day trial period from September 1, 1996 through December 1, 1996, to turn the Mill Mountain Star red for 24 hours following a drug or alcohol-related traffic fatality in the Roanoke Valley. The motion was seconded by Mr. McCadden and adopted, Council Member McCadden voting no. At 3:28 p.m., the Mayor declared the meeting in recess. At 3:39 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Butler. DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the financial report for the City of Roanoke for the month of April 1996. (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the report would be received and filed. BUDGET-HOUSING/AUTHORITY-PLANNING-GRANTS: The Director of Finance submitted a written report advising that the Community Development Block Grant (CDBG) program is accounted for on the City's financial records by program year, with three program years currently appropriated; the U. S. Department of Housing and Urban Development allows localities to determine the number of CDBG program years to retain on their records; reprogramming said funds allows the City to maintain a minimum number of program years on its 3! 32 records; and the earliest CDBG year (B-93-MC-51-0020) may be closed by reprogramming unspent funds in this program year to the next subsequent program year (B-94-MC-51-0020), which unspent funds totalling $238,819.00 will be appropriated to the same activities for which they are currently appropriated. The Director of Finance recommended that unspent funds totalling $238,819.00 be transferred to Community Development Block Grant year B-94-MC-51-0020; and closeout of Community Development Block Grant year B-93-MC-51-0020. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#32975-060396) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 454.) ACTION: Mrs. Bowles moved the adoption of Ordinance No. 32975-060396. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt, and Mayor Bowers --6. NAYS: None ...................................................................... 0. (Council Member Butler was absent.) BUDGET-CITY EMPLOYEES-PERSONNEL DEPARTMENT: The Director of Finance submitted a written report advising that the City's Internal Service Funds account for certain services provided to departments of the General Fund, which Internal Service Funds recover costs bY charging the receiving departments for services provided; budgeted funds for internal services are allocated in each fiscal year's budget throughout the various departments based on estimated usage, which usually varies from the original estimates; and each fiscal year ACTION: it is necessary to make appropriation transfers between departments to provide sufficient funds for internal services for the remainder of the fiscal year, which transfers do not increase the overall budget, but reallocate amounts between departments. The Director of Finance recommended that Council adopt the proposed budget ordinance which will accomplish the required transfers. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#32976-060396) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 457.) Mr. Parrott moved the adoption of Ordinance No. 32976-060396. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt, and Mayor Bowers ............................................................... 6. NAYS: None ....................................................................... 0. (Council Member Butler was absent.) BUDGET-CITY EMPLOYEES-PERSONNEL DEPARTMENT: The Director of Finance submitted a written report advising that the fiscal year 1995-96 General Fund budget included funds in the nondepartmental category for long-term disability insurance and for termination (vacation) leave and unemployment wages, which fringe benefits are budgeted at estimated amounts in the nondepartmental category because annual charges for each department are difficult to project, and actual costs are charged to the applicable department in anticipation of budget transfers to cover the costs; the General Fund budget also included funds in various departments for life insurance, which funds are budgeted at estimated amounts, and actual costs are 33 3'4 ACTION: charged to each department in anticipation of budget transfers to cover the charges; the proposed budget ordinance will transfer funds between departments and from the nondepartmental category to the applicable department budgets, which transfers will not increase the overall budget, but reallocate amounts between departments; and a summary of the total transfers is as follows: GENERAL FUND Long-Term Disability $ 71.597,0Q Termination (Vacation) Leave Wages Unemployment Wages $ 35.000.00 Life lnsurance $165.319.00 Health Insurance $ 36.684.OO The Director of Finance recommended that Council adopt the proposed budget ordinance which will accomplish the required transfers. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#32977-060396) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 462.) Mrs. Bowles moved the adoption of Ordinance No. 32977-060396. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt, and Mayor Bowers .6. NAYS: None .0. (Council Member Butler was absent.) REPORTS OF COMMITTEES: BUDGET-HUMAN DEVELOPMENT-COMMITTEES-CULTURAL SERVICES COMMITTEE: The Chairperson of the Cultural Services Committee presented a written report, on behalf of the Committee, advising that the Cultural Services Committee budget was established by Council, pursuant to Ordinance No. 32920-051396, adopted May 13, 1996, at which time the General Fund budget for fiscal year 1996-97 was adopted; requests were received from 17 agencies, totalling $562,773.00; and after individual study of each application by Committee members, a public hearing was held on March 8, 1996, in order to consider the requests and to hear applicants. It was further advised that the budget for fiscal year 1996-97, approved by Council, for the Cultural Services Committee provides for funds available for allocation in fiscal year 1996-97, in the amount of $428,353.00; agencies are requested to submit a budget by objective and activity when applying for funds through the Cultural Services Committee; and appeals of the Committee's recommendations, as provided by Council policy, were received after notification to each agency of its tentative recommended allocation, resulting in one appeal being was heard on May 14, 1996. The Cultural Services Committee recommended that Council concur in the following actions: the funding of agencies in the amounts recommended on Attachment A to the report; authorize the Director of Human Development to process payment of funds to agencies after objectives, activities, and/or other reasonable requests of the monitoring staff are submitted and accepted; and transfer $428,353.00 from the Cultural Services Committee Account No. 001-054-5221-3700, to new line items to be established within the Cultural Services Committee budget by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) 35 36 ACTION: ACTION: Mrs. Bowles offered the following emergency budget ordinance: (#32978-060396) AN ORDINANCE to amend and reordain certain sections of the 1996-97 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 469.) Mrs. Bowles moved the adoption of Ordinance No. 32978-060396. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt, and Mayor Bowers .6. NAYS: None. .0. (Council Member Butler was absent.) Ms. Wyatt offered the following resolution: (#32979-060396) A RESOLUTION concurring in the recommendations of the Cultural Services Committee for allocation of City funds to various nonprofit agencies for Fiscal Year 1996-1997. (For full text of Resolution, see Resolution Book No. 58, page 470.) Ms. Wyatt moved the adoption of Resolution No. 32979-060396. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers ............................................................... 6. NAYS: None ...................................................................... 0. (Council Member Butler was absent.) UNFINISHED BUSINESS: 37 ACTION: ACTION: COUNCIL: Mr. Parrott moved that Council reconsider Ordinance No. 32935-051396, adopted May 13, 1996, setting the salaries of the Mayor and Members of Roanoke City Council. The motion was seconded by Mr. White and adopted. Mr. Parrott offered the following emergency ordinance: (#32980-060396) AN ORDINANCE establishing the annual salaries of the Mayor, Vice-Mayor and Council Members for the fiscal year beginning July 1, 1996; and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 58, page 471.) Mr. Parrott moved the adoption of Ordinance No. 32980-060396. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowles, Parrott, White, Wyatt and Mayor Bowers ............................................................................. 5. NAYS: Council Member McCadden ......................................... 1. (Council Member Butler was absent.) Mr. McCadden advised that he voted against the Ordinance because of the Principle of the matter; however, he believes the Mayor and Members of Council deserve a salary increase. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: POLICE DEPARTMENT-COMMISSIONER OF REVENUE- LICENSES: Ordinance No. 32951 authorizing an agreement with other regional governments to effectuate regional enforcement of vehicle decal ordinances, which Regional Compact Agreement shall be effective not later than July 1, 1996, shall provide that each jurisdiction will enforce the vehicle decal requirements of the other member jurisdictions and shall contain such other terms and conditions as may be agreed upon by the parties, having previously been before the Council for its first reading on Monday, May 20, 1996, read and adopted on its first reading and laid over, was again before the body, Mr. Parrott offering the following for its second reading and final adoption: 38 (#32951-060396) AN ORDINANCE authorizing an agreement with other regional governments to effectuate regional enforcement of vehicle decal ordinances. (For full text of Ordinance, see Ordinance Book No. 58, page 398.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 32951-060396. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers .............................................................. 6. NAYS: None ..................................................................... O. (Council Member Butler was absent.) ZONING: Ordinance No. 32953 rezoning a certain tract of land located at 701 Salem Avenue, S. W., identified as Official Tax No. 1111118, from LM, Light Manufacturing District, to CN, Neighborhood Commercial District, subject to proffers contained in the Second Amended Petition filed in the Office of the City Clerk on April 29, 1996, having previously been before the Council for its first reading on Monday, May 20, 1996, read and adopted on its first reading and laid over, was again before the body, Mr. White offering the following for its second reading and final adoption: (#32953-060396) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 111, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 58, page 398.) ACTION: Mr. White moved the adoption of Ordinance No. 32953-060396. The motion was seconded by Mr. McCadden and adopted by the following vote: 39 ACTION: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt, and Mayor Bowers ............................................................... 6. NAYS: None ......................................................................... 0. (Council Member Butler was absent.) ZONING: Ordinance No. 32954 rezoning a portion of property identified as Official Tax No. 2761701, beginning at a point approximately 250 feet, more or less, south of Melrose Avenue, N. W., from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District; property identified as Official Tax No. 2750101, fronting Polk Street, N. W., from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District; and property identified as Official Tax No. 2750102, fronting Michigan Avenue, N. W., from RM-1, Residential Multi-family, Low Density District, to IPUD, Industrial Planned Unit Development District, as requested in the Second Amended Petition filed in the Office of the City Clerk on April 24, 1996, having previously been' before the Council for its first reading on Monday, May 20, 1996, read and adopted on its first reading and laid over, was again before the body, Mr. McCadden offering the following for its second reading and final adoption: (#32954-060396) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 275 and No. 276, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 58, page 400.) Mr. McCadden moved the adoption of Ordinance No. 32954- 060396. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers ............................................................... 6. NAYS: None ......................................................................... 0. (Council Member Butler was absent.) 40 ACTION: CITY CODE-TAXES-PLANNING-SUBDIVISIONS-FEE COMPENDIUM: Ordinance No. 32956 amending and reordaining Sections 7-14, Permit and ins_~ection~ fees, of Article II, Buildinq Code, of Chapter 7, Buildin_= Re=_ ulation~; 11-9, Same- Review and ins_~ection fee, of Chapter 11, Erosion and Sediment Control; 26-4.1, Sewer connection fees and char~e$, of Article I, In General, of Chapter 26, Sewers and Sewaqe Dis_oo~al; and 30-62, Fee, of Division 2, Permit, of Article III, Street Excavations, of Chapter 30, Streets and Sidewalks, to provide an option for deferred payment of certain fees; and adding new Section 2-178.2, Deferred Payment Pro_~ram, to Article VIII, Finance Generally, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, to establish procedures for a deferred payment program, having previously been before the Council for its first reading on Monday, May 20, 1996, read and adopted on its first reading and laid over, was again before the body, Mr. Parrott offering the following for its second reading and final adoption: (#32956-060396) AN ORDINANCE amending and reordaining Sections 7-14, Permit and ins_oections fees, of Article II, Buildin~j Co~le, of Chapter 7, Buildin_a Re_aulations; 11-9, Same - Review and ins_~ection fee, of Chapter 11, Erosion and Sediment Control; 26-4.1, Sewer connection fees and charqes, of Article I, In General, of Chapter 26, Sewers and Sewa_ae Dis_~osal; and 30-62, Fee, of Division 2, Permit, of Article III, Street Excavations, of Chapter 30, Streets and Sidewalk~, to provide an option for deferred payment of certain fees; and adding new Section 2-178.2, Deferred Payment PrO~lram, to Article VIII, Finance Generally, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, to establish procedures for a deferred payment program; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 58, page 401.) Mr. Parrott moved the adoption of Ordinance No. 32956-060396. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers .............................................................. -6. NAYS: None ................................................................. -0. (Council Member Butler was absent.) CITY CODE-TAXES-LICENSES-LEGISLATION-COMMISSIONER OF REVENUE: Ordinance No. 32959 amending Article I. In General and Article II. Business. Professional and Occupational License Taxation, of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, by the addition of new Sections 19-1.1, Intent of this chapter: levy and purpose of tax; 19-1.2, License re~_uirement; ree_uirin_= evidence of payment of business license, bljsiness personal property_, meals and admissions taxes; 19-1.3, Exceptions; 19-22.1, Limitations and extensions; 19-32.1, Appeals and rulings; 19-32.2, Situs of _cross receipts: qeneral rule; 19-32.3, Apportionment of gross receipts and aqreements; by amending Sections 19-2, Definitions; 19-5, Appointment and general powers and duties of license inspector and deputies; 19-9, Separate license for each place and class of business; 19-11, Application for license; applicant's oath; 19-20, When tax payable: installment payment: penalty_ for late payment; report and collection of delin~_uencies; 19-24, Term of license: proration of tax; 19- 30, Taxpayer's records; and 19-45, License tax cater_pries and rates; by REPEALING Sections 19-4, License year; 19-8, License re~_uired; 19- 10, Separate license for each class of business; 19-13, Levy and purpose of taxes; 19-14, Tax not imposed contrary to state or federal law; and 19-15, Liability for tax cjenerally, having previously been before the Council for its first reading on Monday, May 20, 1996, read and adopted on its first reading and laid over, was again before the body, Mrs. Bowles offering the following for its second reading and final adoption: (#32959-060396) AN ORDINANCE amending Article I. In General and Article II. Business, Professional and Occupational License Taxation, of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, by the addition of new Sections 19-1.1, Intent of this chapter; levy and purpose of tax; 19-1.2, License requirement; requirincj evidence of payment of business license, business personal property, meals and admissions taxes; 19-1.3, Exceptions; 19-22.1, Limitations and extensions; 19-32.1, Appeals and rulincjs;. 19-32.2, Situs of cjross receipts; cjeneral rule; 19-32.3, Apportionment of cjross receipts and aqreements; by amending Sections 19-2, Definitions; 19-5, Appointment and qeneral powers and duties of license inspector and deputies; 19-9, Separate license for each place and class of business; 19-11, Application for license; applicant's oath; 19-20, When tax payable; installment payment: penalty for late payment; report and collection of delinquencies; 19-24, Term of license; proration of tax; 19-30, Taxpayer's records; and 19-45, License tax catecjories and rates; by REPEALING Sections 19-4, License year; 41 ACTION: ACTION: 19-8, License rea_uired; 19-10, Se_~arate license for each class of business; 19-13, Levy and _~ur_~ose of taxes; 19-14, Tax not im_~osed contrary_ to state or federal I;lw; and 19-15, Liability_ for tax q_enerally; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 58, page 405.) Mrs. Bowles moved the adoption of Ordinance No. 32959-060396. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers ........................................................... 6. NAYS: None. 0. (Council Member Butler was absent.) ACTS OF ACKNOWLEDGEMENT: Mr. McCadden offered the following resolution recognizing and honoring the Honorable James E. Taliaferro, Mayor of the City of Salem, upon his retirement: (#32961-060396) A RESOLUTION recognizing and honoring the Honorable James E. Taliaferro, Mayor of the City of Salem, upon his retirement. (For full text of Resolution, see Resolution Book No. 58, page 437.) Mr. McCadden moved the adoption of Resolution No. 32961- 060396. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. NAYS: None. 0. (Council Member Butler was absent.) BUSES-LEGISLATION-AMTRAK: Mr. Parrott offered the following resolution requesting that Amtrak reinstate bus service from Roanoke to Clifton Forge in order to make Amtrak train service more accessible to the citizens of the City of Roanoke and the Roanoke Valley: ACTION: (#32981-060396) A RESOLUTION requesting that Amtrak reinstate bus service from Roanoke to Clifton Forge in order to make Amtrak train service more accessible to the citizens of the City of Roanoke and the Roanoke Valley. (For full text of Resolution, see Resolution Book No. 58, page 472.) Mr. Parrott moved the adoption of Resolution No. 32981-060396. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowles, Parrott, White, Wyatt and Mayor Bowers ............................................................................. 5. NAYS: Council Member McCadden ................................... 1. (Council Member Butler was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ELECTIONS-COUNCIL: Council Member Wyatt inquired as to the status of the Citizens' Committee for the Modified Ward System; whereupon, the City Manager advised it is anticipated that by June 7 responses will have been received from all organized neighborhood organizations who intend to participate, after which time the process may proceed. ARMORY/STADIUM-CONSULTANTS REPORTS: Council Member McCadden inquired as to the status of the City Manager's report relating to a feasibility study for the Sports Complex (Victory Stadium and Field House); whereupon, the City Manager advised it is anticipated that the report will be placed on Council's agenda for June 17, 1996. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 4:15 p.m., the Mayor declared the meeting in recess. At 4:48 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Butler. 43 44 ACTION: ACTION: COUNCIL: With respect to the Executive Session just concluded, Mr. Parrott moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers ............................................................ 6. NAYS: None ........................................................................ 0. (Council Member Butler was absent.) CITY TREASURER-CITY EMPLOYEES-PERSONNEL DEPARTMENT: Mrs. Bowles offered the following resolution appointing David C. Anderson as City Treasurer for a term commencing upon his qualification and expiring on December 31, 1997: (#32982-060396) A RESOLUTION appointing David C. Anderson as City Treasurer for a term commencing upon his qualification and expiring on December 31, 1997. (For full text of Resolution, see Resolution Book No. 58, page 473.) Mrs. Bowles moved the adoption of Resolution No. 32982-060396. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers 6. NAYS: None ................................................................ -0. (CounciI Member Butler was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there is a vacancy on the Roanoke Neighborhood Partnership Steering Committee created by the resignation of Lawrence M. Taylor and called for nominations to fill the vacancy. 45 Mr. McCadden placed in nomination the name of Joseph F. Nash, jr. There being no further nominations, Mr. Nash was elected as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 30, 1997, by the following vote: ACTION: FOR MR. NASH: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers .................................................... 6. (Council Member Butler was absent.) There being no further business, the Mayor declared the meeting adjourned at 4:56 p.m. APPROVED ATTEST: Sandra H. Eakin Deputy City Clerk Mayor 46 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL June 17, 1996 12:30 p.m. The Council of the City of Roanoke met in regular session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, June 17, 1996, at 12:30 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Re_~ular Meetin_es. of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Wendell H. Butler, Delvis O. McCadden, John H. Parrott, William White, Sr., Linda F. Wyatt, Elizabeth T. Bowles (arrived at 12:45 p.m.) and Mayor David A. Bowers .............................................................................. 7. ABSENT: None .................................................................................... 0. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Stephen J. Talevi, Assistant City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. BUILDINGSIBUILDING DEPARTMENT-HOUSING/AUTHORITY- PUBLIC WORKS-PLANNING-RENTAL INSPECTION PROGRAM: The City Manager having presented the proposed Rental Inspections program to Council on Monday, May 20, 1996, and Council having referred the matter back to the City Manager to address certain concerns raised by John C. Kepley, the representing the Roanoke Property Investors Association, the matter was again before the body. The City Manager advised that since May 20, various issues of concern have been discussed with the Roanoke Property Investors Association and the Rental Inspections Committee, and while all interested parties are not in total agreement with all aspects of the Rental Inspections program, further adjustments have been made to the proposed ordinance. The City Manager presented a briefing outlining differences between the revised ordinance and resolution presently before Council and the previous ordinance and resolution which were before Council for consideration at its meeting on Monday, May 20: Section 7-35, Definitions - revised the definitions of dwelling and dwelling unit to include rooming houses within the program. Section 7-35, Definitions - "person in control" has been deleted as a defined term and in the text of the ordinance. "Owner", "Managing Agent", and "Tenant" are defined, and the ordinance is more explicit in its reference to each so as to avoid confusion as to applicability of parts of the ordinance to these three parties. Section 7-37, Ins_oection and certificate of compliance required - revised to clarify when a unit may or may not be re-rented upon vacancy. Specifically, after the program applies to a unit, that unit may not be re-rented upon vacancy unless it has a valid certificate of compliance, a temporary waiver, or a certificate of exemption. Section 7-40, Issuance of certificate of compliance - subparagraph (A) is revised to clarify that a certificate of compliance will be issued at the completion of a passed inspection if the owner or agent is present to receive the certificate. The City may not delay issuance of the certificate. Section 7-41, Temporary waiver of compliance subparagraph C is deleted as being repetitive of the provisions of Section 7-37, which has been revised as described above. Section 7-39, Certificate of exemption, and Section 7-42, Display of certificates - revised to authorize an owner or managing agent to display evidence of an issued certificate but not to require such display, which issue was a major point from some rental owners, although other interests supported the provision requiring a display. An owner or agent is also prohibited from displaying an expired or voided certificate, temporary waiver or exemption. Section 7-43, Alteration of proof of compliance - a new section, prohibiting alteration to any certificates or proof of compliance, such as changing dates or addresses. 48 Section 7-45, A_o_neals - subparagraph (B) revised to reference the provisions of the Virginia Building Maintenance Code, which may change from time to time. Previous Section 7-46, Notice by owner - deleted. The Code section had required owners and managing agents to advise the City of rental properties owned and managed by them. This was also a point of concern by property owners, and the consensus of the committee was not to require such notice. The Administration will attempt to gather the needed information through Other means, including requesting information from property owners. The Fee Compendium resolution has been revised to clarify when fees would apply. Robert Lynn, 535 Mountain Avenue, S. W., advised that the City of Roanoke must strive to create a quality of life that will cause citizens to want to live and to remain in the City; therefore, the Rental Inspections program provides an opportunity to address the quality of life issue. Paula L. Price, President, Old Southwest, Inc., read a prepared statement advising that the Rental Inspections program in its present form is not the same Rental Inspections program that the task force, the City and citizens agreed upon, and the Program in its present form is weighted in favor of the owners of rental property and against the health and safety interests of tenants City-wide. She stated that the most important case in point relates to a required inspection sticker to be displayed in plain view of tenants so that they will know if a unit has passed a basic health and safety inspection. She added that many times tenants do not know that rental units are required to meet certain code requirements and are afraid to protest conditions which effect their health and safety; therefore, mandatory display of stickers would not only insure compliance by landlords, but would provide an educational tool for tenants, and only those landlords with less than honorable intentions would protest the posting of an inspection sticker. She requested that a Rental Inspections program be adopted that is acceptable to all participants which would include mandatory display of the inspection sticker. Ms. Petie Brigham, 509 Allison Avenue, S. W., advised that it is understandable that the City must operate the Rental Inspections program under the perimeters of State law; however, she suggested that the City work toward having State law changed. The Mayor advised that the Water Resources Committee was scheduled to meet at 1:00 p.m., therefore, the Rental Inspections program briefing would continue at the 2:00 p.m., session of the Council. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 1:00 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., the regular meeting of Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance: PRESENT: Council Members Wendell H. Butler, Delvis O. McCadden, John H. Parrott, William White, Sr., Linda F. Wyatt, Elizabeth T. Bowles and Mayor David A. Bowers ............................. 7. ABSENT: None .................................................................. 0. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend Vater C. Colbert, Pastor, Maple Street Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Master Daniel Tucker, Boy Scout Troop No. 5, Hollins Road Baptist Church. ACTS OF ACKNOWLEDGEMENT-CITY GOVERNMENT: The Mayor announced that the City of Roanoke is a five time winner of the Ali-America City Award, which award was presented on Saturday, June 15~ 1996, in Forth Worth, Texas. 5O ACTION: PRESENTATIONS: ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL-TOTAL ACTION AGAINST POVERTY: Mr. White offered the following resolution recognizing and commending the meritorious service rendered to the City by the Honorable Elizabeth T. Bowles, Member, Roanoke City Council: (#32984-061796) A RESOLUTION recognizing and commending the meritorious service rendered to the City by the Honorable Elizabeth T. Bowles, Member, Roanoke City Council. (For full text of Resolution, see Resolution Book No. 58, page 476.) Mr. White moved the adoption of Resolution No. 32984-061796. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, and Mayor Bowers ............................................................ 6. NAYS: None ...................................................................... 0. (Council Member Bowles abstained from voting.) Theodore J. Edlich, III, Executive Director, Total Action Against Poverty, presented a resolution to Mrs. Bowles which was adopted by the TAP Board of Directors on June 11, 1996, in appreciation of her service as a member of the Board of Directors. ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Mr. Parrott offered the following resolution recognizing and commending the meritorious service rendered to the City by the Honorable Wendell H. Butler, Member, Roanoke City Council: (#32985-061796) A RESOLUTION recognizing and commending the meritorious service rendered to the City by the Honorable Wendell H. Butler, Member, Roanoke City Council. (For full text of Resolution, see Resolution Book No. 58, page 478.) ACTION: ACTION: Mr. Parrott moved the adoption of Resolution No. 32985-061796. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers ........................................................... 6. NAYS: None ...................................................................... 0. (Council Member Butler abstained from voting.) ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: Ms. Wyatt offered the following resolution recognizing and commending the meritorious service rendered to the City by the Honorable Delvis O. "Mac" McCadden, Member, Roanoke City Council: (#32986-061796) A RESOLUTION recognizing and commending the meritorious service rendered to the City by the Honorable Delvis O. "Mac" McCadden, Member, Roanoke City Council. (For full text of Resolution, see Resolution Book No. 58, page 479.) Ms. Wyatt moved the adoption of Resolution No. 32986-061796. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Butler, Parrott, White, Wyatt, Bowles and Mayor Bowers ...................................................................... 6. NAYS: None ...................................................................... 0. (Council Member McCadden abstained from voting.) PROCLAMATIONS-ACTS OF ACKNOWLEDGEMENT-YOUTH- SPORTS ACTIVITIES: The Mayor presented a proclamation declaring Monday, June 17, 1996, as Roanoke Star Under-13 White Soccer Team Day in the City of Roanoke, and commended The Roanoke Star soccer team upon winning the Virginia Youth Soccer Association State Championship. (For full text, see Proclamation on file in the City Clerk's Office.) 52 BID OPENINGS: PIPE LINES/STORAGE TANKS-FRANCHISES-CITY PROPERTY- UTILITIES-ROANOKE GAS COMPANY-WATER RESOURCES: Council at its regular meeting on Monday, May 20, 1996, having given public notice as required by law that bids will be received in open session of the Council on Monday, June 17, 1996, at 2:00 p.m., or as soon thereafter as the matter may be heard, for the award of a 20-year franchise to use the public right-of-way for construction and maintenance of a gas distribution system, the matter was before the body. The City Attorney submitted a written report advising that pursuant to Section 15.1-307, Code of Virginia (1950), as amended, no franchise, lease or right-of-way of any kind to use public property shall be granted for a term in excess of five years except after due advertisement and public receipt of bids; acting pursuant to the authority of Council given at its meeting on Monday, May 20, 1996, and Section 15.1-308 of the State Code, the City Clerk advertised a public notice inviting written bids for a certain franchise to construct, operate and maintain a gas distribution system in the City and also inviting written bids for the right to construct, operate and maintain a gas transmission pipeline on the Carvins Cove Reservoir property of the City; and the public notice was published in The Roanoke Times on May 24, 1996, May 31, 1996, June 7, 1996, and June 14, 1996. The City Attorney further advised that all bids shall be in writing and shall be delivered in open session of City Council at 2:00 p.m., or as soon thereafter as the matter may be heard, on June 17, 1996, and thereafter, the presiding officer shall cause the bids to be read aloud and inquire if there are other bids to be offered. (For full text, see report on file in the City Clerk's Office.) The Mayor advised that at its meeting on May 20, 1996, Council directed, the City Clerk to have a public notice published inviting written bids for a certain franchise to construct, operate and maintain a natural gas distribution system in the City; the required public notice was published in The Roanoke Times on May 24, 1996, May 31, 1996, June 7, 1996, and June 14, 1996; and a copy of the full text of the ordinance proposing to grant a gas franchise has been on file in the Office of the City Clerk since May 20, 1996. The Mayor then inquired if there were persons present who would like to submit bids on the matter; whereupon, one bid was filed with the City Clerk. The Mayor further inquired if there were other bids. There being none, the Mayor declared the bidding closed, and requested that the City Clerk read aloud the one bid received to construct, operate and maintain a natural gas distribution system in the City of Roanoke; whereupon, the City Clerk opened and read the one bid received by the City from Roanoke Gas Company, as follows: "In accordance with the City Council's action of May 20, 1996, inviting written bids for a natural gas franchise for a term of 20 years, Roanoke Gas Company (Grantee) hereby bids to the City (Grantor) a franchise fee as follows: FRANCHISE FEE (a) Grantee will pay to Grantor a Franchise Fee which shall be calculated pursuant to the following. It is understood that Grantee has or will enter into Franchise agreements with the City of Salem ("Salem") and the Town of Vinton ("Vinton") (Grantor, Salem, and Vinton being hereinafter sometimes collectively referred to as the "localities") with fee provisions identical to this one, and that the total annual Franchise Fee to be paid to the three localities in aggregate is $56,000.00 for calendar year 1996 ("base year total annual Franchise Fee"). Grantor's Franchise Fee shall be a percentage share of the base year total annual Franchise Fee, which shall be determined on a pro rata basis according to its percentage share of the total dollar value of Grantee's gas sales occurring within the localities during the calendar year. For each calendar year of the Franchise, each Iocality's percentage share shall be determined by the following formula: Locality's percentage share= total dollar value of Grantee's gas sales within the Territorial Limits of the locality total dollar value of Grantee's gas sales in the three localities For calendar year 1996, the Franchise Fee shall be paid to Grantor on or before March 31, 1997. 54 (b) For each succeeding calendar year during the term of this Franchise, the total annual Franchise Fee paid by Grantee to the localities shall be the base year total annual Franchise Fee increased by three (3) percent compounded annually over the term of the Franchise. For each calendar year during the term of this Franchise, Grantor's percentage share shall be determined pursuant to this Section, and paid to Grantor on or before March 31 of the succeeding calendar year. Roanoke Gas Company further acknowledges and accepts the conditions and terms of the proposed franchise ordinance as advertised and on file in the Office of the City Clerk of the City of Roanoke. Roanoke Gas Company is pleased to offer this bid, retroactive to January 1, 1996, and stands ready to execute the necessary documents and furnish certificates of insurance and bonds as may be required under the proposed ordinance." ACTION: The Mayor advised that pursuant to provisions of the State Code, it is required that the bid be referred to a Bid Committee for such investigation as is appropriate; whereupon, the Mayor appointed Vice- Mayor White, Chairman, the City Manager, City Attorney, and Director of Finance as members of the Bid Committee. See page 22 for further action on the matter.) The Mayor further advised that at its meeting on Monday, May 20, 1996, Council directed the City Clerk to have a public notice published inviting written bids for the right to construct, operate and maintain a gas transmission pipeline for a term of 20 years upon certain property of the City; the required public notice was published in The Roanoke Times on May 24, 1996, May 31, 1996, June 7, 1996, and June 14, 1996; and a copy of the full text of the ordinance proposing to accept a bid for the right to construct, operate and maintain a gas transmission pipeline has been on file in the Office of the City Clerk since May 20, 1996. The Mayor then inquired if there were persons present who would like to submit bids on the matter; whereupon, one bid was filed with the City Clerk. The Mayor further inquired if there were other bids. There being none, the Mayor declared the bidding closed, and requested that the City Clerk read aloud the one bid received for the right to construct, operate and maintain a gas transmission pipeline on City-owned property at the Carvins Cove Reservoir; whereupon the City Clerk opened and read the one bid received by the City from the Roanoke Gas Company, as follows: "In accordance with the City Council's action of May 20, 1996, inviting written bids for the right to construct, operate and maintain a gas transmission pipeline for a term of twenty (20) years within a certain right-of-way approximately 14,129 feet in length on City-owned property known as the Carvins Cove Reservoir Property in Botetourt County, Virginia, and Roanoke County, Virginia. Roanoke Gas Company (Licensee) hereby bids to the City as a Pipeline Right-of-Way License Fee as follows: License Fee (a) Licensee shall pay to the City an annual license fee for each calendar year of the term of this License Agreement. The annual license fee for the first five (5) years of the term (1996 through 2000, inclusive) shall be $1,455.00. (b) In order to maintain a license fee fair to the City and the Licensee throughout the term of this License Agreement, on the fifth anniversary of the commencement date of this Agreement and every five years thereafter, the amount of the license fee shall be adjusted, up or down, to an amount determined by mutual agreement of the City and the Licensee. The City and Licensee agree to use a ten (10) percent return on the fair market value of the City Property in determining the license fee. In the event that the City and Licensee are unable to agree on the license fee, then each shall retain, at its own expense, a qualified appraiser of real estate who shall appraise and report as to the fair market value of the license fee utilizing the ten (10) percent return rule agreed upon above. The average of the two values shall then be calculated, and the average shall be the license fee paid by Licensee for the succeeding five (5) years. (c) Any license fee adjustment under the formula established by subsection (b) above shall be calculated in the month of November, 2000, for the second five (5) years of the term (2001 through 2005, 55 56 ACTION: inclusive); and in the month of November, 2005, for the third five (5) years of the term (2006 through 2010, inclusive); and in the month of November 2010, for the fourth and final five (5) years of the term (2011 through 2015, inclusive). (d) The annual license fee for calendar year 1996 shall be due and payable within ten (10) calendar days after the date of this Agreement; provided, however, for calendar year 1996, Licensee shall be entitled to a credit for any payments made for such calendar year under the previous Gas Pipeline Agreement. For calendar year 1997 and succeeding calendar years, the annual license fee for each calendar year of this Agreement shall be due and payable in advance on December 15 preceding each such calendar year. Roanoke Gas Company further acknowledges and accepts the conditions and terms of the proposed ordinance granting the right-of- use of City property and the proposed Gas Pipeline Agreement on file in the Office of the City Clerk of the City of Roanoke. Roanoke Gas Company is pleased to offer this bid, retroactive to January 1, 1996, and stands ready to execute the necessary documents and furnish certificates of insurance and bonds as may be required under the proposed agreement." The Mayor advised that pursuant to provisions of the State Code, it is required that the bid be referred to a Bid Committee for such investigation as is appropriate; whereupon, the Mayor appointed Vice- Mayor White, Chairman, the City Manager, City Attorney and Director of Finance as members of the Bid Committee. (See page 49 for further action on the matter.) 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. MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITTEE: Minutes of the Audit Committee meeting of Roanoke City Council held on Monday, June 3, 1996, were before Council. 57 ACTION: The Audit Committee considered the following items: External Audits: A. KPMG Peat Marwick General Audit Plan for fiscal year 1996 B. Sheriff's Canteen Fund C. Jail Inmate Fund Internal Audits: Special Events Committee Municipal Auditing Audit Plan for 1997 Briefing on year end status of internal audits (For full text, see Minutes on file in the City Clerk's Office.) Mrs. Bowles moved that the Minutes be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................................................... 7. NAYS: None ...................................................................... 0. ELECTIONS: A communication from Gilbert E. Butler, Jr., Secretary, Roanoke City Electoral Board, transmitting a certified copy of the Abstract of Votes cast in the Republican Primary Election held in the City of Roanoke on June 11, 1996, was before Council. "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the June 11, 1996 Republican Primary Election, for 58 ACTION: MEMBER UNITED STATES SENATE Names of Candidates Total Votes Received (In Figures) James C. "Jim" Miller III John W. Warner 1,753 5,647 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 11, 1996, do hereby certify that the above is a true and correct Abstract of Votes cast at said Republican Primary Election for Member of the Senate in the Congress of the United States. Given under our hands this 12th day of June, 1996. A copy teste: Charles T. Green, Chairman Frances Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary [SEAL] Gilbert E. Butler, Jr., Secretary, Electoral Board" Mrs. Bowles moved that the communication and Abstract of Votes be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers --7. NAYS: None ...................................................................... 0. CITY COUNCIL-PUBLIC WORKS-MUNICIPAL BUILDING- CONSULTANTS REPORTS: A report of the City Manager with regard to renovation of the City Council Chamber, was before the body. The City Manager advised that the City Administration has been studying the need for improvements to the City Council Chamber; in December 1995, the City entered into an agreement with a planning consultant, Vitetta Group/Daniel C. Smith & Associates, Inc., to prepare a long-range facilities master plan on five downtown buildings 59 ACTION: ACTION: (Municipal North, Municipal South, Police building, Courts building and Health Center); the basic objective of the study is to analyze present floor space within each of the five buildings and to determine the most effective means by which to efficiently utilize the space; with the vast number of departments and agencies included in the study, each having its own unique spatial needs, the consultant is in the process of developing several options for accommodating the growth of these user groups into the early twenty-first century; and because the Council Chamber is presently located on the fourth floor of Municipal South and is a space which supports many other City/community activities, it seems reasonable to wait until the consultant's options can be reviewed and concrete recommendations made with regard to its future use and location within the municipal government complex. The City Manager requested a delay until approximately the month of September for completion of the study of the Council Chamber and presentation of recommendations and cost estimates. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles moved that Council concur in the request of the City Manager. The motion was seconded by Mr. McCadden and adopted by the follOwing vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................................................... 7. NAYS: None ...................................................................... 0. COMMITTEES-SCHOOLS: A communication from C. Nelson Harris tendering his resignation as a Trustee of the Roanoke City School Board, due to his recent election as a member of the Roanoke City Council, effective June 30, 1996, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that the communication be received and filed and that the resignation be accepted. The motion was seconded by Mr. McCadden and adopted by the following vote: 6O ACTION: ACTION: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .7. NAYS: None ...................................................................... 0. COMMITTEES-HOUSING/AUTHORITY: A communication from Acree Hayes tendering his resignation as a member of the Fair Housing Board, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mrs. Bowles moved that the communication be received and filed and that the resignation be accepted. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .7. NAYS: None ...................................................................... 0. OATHS OF OFFICE-YOUTH-SCHOOLS: The following reports of qualification were before Council: Sherman A. Holland as a member of the Youth Services Citizen Board for a term ending May 31, 1999; and Charles W. Day and Brian J. Wishneff as Trustees of the Roanoke City School Board for terms of three years, each, commencing July 1, 1996 and ending June 30, 1999. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mrs. Bowles moved that the reports of qualification be received and filed. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .7. NAYS: None ...................................................................... 0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: PARKS AND RECREATION-PLANNING-GRANTS-SPORTS ACTIVITIES-ROANOKE CITY BOXING ASSOCIATION: L. Richard Hawkins, representing the Roanoke City Boxing Association, presented an update on the progress of the program, and advised that the application for Community Development Block Grant funds as a non- profit organization has been filed, and the Department of Parks and Recreation is conducting a feasibility study of potential sites for operation of the boxing program for Roanoke's youth. POLICE DEPARTMENT-YOUTH: Ms. Tia Morrison, 1535 Westside Boulevard, N. W., and Ms. Charity Brown, 1302 Greenland Avenue, N. W., participants in the Minority Journalism workshop sponsored by The Roanoke Times, appeared before Council and raised questions with regard to why parents are prosecuted for certain illegal deeds committed by their children, and inquired as to whether the City of Roanoke has a curfew law applicable to juveniles. The City Attorney extended an invitation to Ms. Morrison and Ms. Brown to visit with him for detailed explanations. PETITIONS AND COMMUNICATIONS: LANDMARKS/HIST. PRESERVATION-ARCHITECTURAL REVIEW BOARD: A petition from David C. Helscher, Attorney, representing Maple Avenue Associates, Inc., appealing a decision of the Architectural Review Board in connection with a request for a Certificate of Appropriateness to demolish a structure located at 1422 Maple Avenue, S. W., was before Council. (For full text, see petition on file in the City Clerk's Office.) The City Clerk advised that Edward A. Natt has been retained as attorney for Maple Avenue Associates, Inc., and Mr. Natt has requested that the matter be deferred until the regular meeting of Council on Monday, July 15, 1996, at 7:00 p.m.; whereupon, Council concurred in the request. 62 BUDGET-GRANTS-UTILITIES-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following 1995-96 school grants, was before Council. Grant No. 6451 - $60,341.00 for the Summer Youth Employment Program to provide training and hands-on experience for building trades students. The Program will be 100 per cent reimbursed by Federal funds and is a continuing program. Grant No. 6931 - $9,250.00 for the Project Success Program to utilize additional contributions from the private sector to establish a joint venture between Roanoke City Schools, area colleges, and area businesses. Grant No. 6943 - $6,000.00 for the Thurman Foundation for Children Program which will support the activities of the Partners for Success Program. The funds will provide for teacher campus visits and leadership training for participants. The following school grants are for fiscal year 1996-97: Grant No. 6154 - $2,596,775.00 for the Title I Winter Program to provide remedial reading, language arts, and mathematics instruction for students in targeted schools. The Program is 100 per cent reimbursed by Federal funds and is a continuing program. Grant No. 6240 - $170,260.00 for the Title VI Program to provide funds for implementation of innovative instructional programs in the school district and to provide visiting teacher services. The Program will be reimbursed by Federal funds in the amount of $122,503.00 and a local match in the amount of $47,757.00. This is a continuing program. 63 Grant No. 6241 - $66,409.00 for the Eisenhower Title II Program is to provide for activities to improve the skills and knowledge of mathematics, science and technology teachers while facilitating greater communication and collaboration between disciplines and across grade levels. The Program will be reimbursed 100 per cent by Federal funds and is a continuing program. Grant No. 6310 - $943,505.00 for the Governor's School Program to provide instruction in science and math to high school students. The Program will be supported by State funds and tuition collected from participating school districts and is a continuing program. Grant No. 6533 - $956,000.00 for the Flow-Through Program to provide aid for the education and guidance of handicapped students. The Program will be 100 per cent reimbursed by State and Federal funds and is a continuing program. Grant No. 6534 - $60,078.00 for the Child Development Clinic Program to provide funds for the salary and expenses of the educational coordinator at the clinic. One hundred per cent of expenses will be reimbursed by State funds. This Program is a continuing program. Grant No. 6535 - $57,050.00 for the Child Specialty Services Program to provide funds for the salary and expenses of the educational coordinator. The Program is 100 per cent reimbursed by State funds and is a continuing program. Grant No. 6536 - $108,346.00 for the Juvenile Detention Home Program to provide for the salary and expenses of the two educational coordinators. The Program is 100 per cent reimbursed by State funds and is a continuing program. 64 Grant No. 6537 - Grant No. 6784 - Grant No. 6785 - Grant No. 6786 - Grant No. 6787 - Grant No. 6788 - $1t5,506.00 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. The Program will be 100 per cent reimbursed by Federal funds and is a continuing program. $110,540.00 for the Adult Basic Education Program to provide funds for the education of adults who have not completed high school. The Program will be reimbursed by Federal funds in the amount of $87,940.00, with matching funds totalling $22,600.00, and is a continuing program. $112,888.00 for the Apprenticeship Program to provide on-the-job and classroom vocational instruction for students in the program. Revenue will be provided by State funds and by fees paid by participants. This is a continuing program. $312,012.00 for the Perkins Act Program to provide funds for vocational instructors and equipment. One hundred per cent of expenditures will be reimbursed by Federal funds. This is a continuing program. $35,000.00 for the Regional Education Specialists 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. One hundred per cent of the expenditures will be reimbursed by State funds. This is a continuing program. $24,933.00 for the Adult Education in the Jails Program to provide pass-through funds to be used for instruction to inmates in the Grant No. 6789 - Grant No. 6944 - Grant No. 6946 - Grant No. 6947 - Grant No. 6948 - Roanoke City and Roanoke County jails to aid in their acquisition of the GED certificate. Expenditures will be reimbursed 100 per cent by Federal funds. This is a continuing program. $90,250.00 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. The Program will be subcontracted through TAP, Federal funds will pass through the Roanoke City Schools. This is a continuing program. $256,296.00 for the Project YES (Youth Experiencing Success) Program to identify, assess, evaluate, and provide assistance for at-risk sixth and ninth grade students who are potential dropouts. The Program is reimbursed 100 per cent by State funds and is a continuing program. $37,334.00 for the Drug Free Schools Program to provide funding for a student assistance counselor at the secondary level to work with substance abuse issues. One hundred per cent of expenditures will be reimbursed by Federal funds. This is a continuing program. $842,000.00 in State bond funds issued by the Virginia Department of Education to purchase school instructional technology equipment. One hundred per cent of the program outlays will be reimbursed by State bond funds. This is a continuing program. $53,968.00 for the Homeless Assistance Program to provide instructional services to homeless students. The Program will be 65 ACTION: reimbursed by Federal funds totalling $51,568.00, with a local match in the amount of $12,400.00. This is a continuing program. Grant No. 6949 $64,000.00 for the Grants Management Program to provide funding for the salary and fringe benefits of the Director of Grants. Expenditures will be 100 per cent reimbursed by Federal funds. This is a continuing program. It was explained that as a result of official School Board action at its June 11 meeting, the School Board was also requesting the close out of 42 school grants which have been completed, with outlays for the grants totalling $10,893,311.45; and further requesting that Council approve the transfer of School Board contingency funds to the School Plants electricity account to meet utility needs of the district through the end of the current fiscal year, due to an unusually high number of heating and cooling degree days. Reports of the Director of Finance concurring in the requests of the School Board were also before the body. (For full text, see communications and reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (#32987-061796) AN ORDINANCE to amend and reordain certain sections of the 1995-96 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 480.) Ms. Wyatt moved the adoption of Ordinance No. 32987-061796. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .7. NAYS: None ...................................................................... 0. 67 ACTION: Ms. Wyatt offered the following emergency budget ordinance: (#32988-061796) AN ORDINANCE to amend and reordain certain sections of the 1996-97 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 482.) Ms. Wyatt moved the adoption of Ordinance No. 32988-061796. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................................................... 7. NAYS: None ...................................................................... 0. At 3:15 p.m., the Mayor declared the meeting in recess. At 3:35 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: CITY CODE-BUILDINGS/BUILDING DEPARTMENT-HOUSING/ AUTHORITY-PUBLIC WORKS-PLANNING-ROANOKE NEIGHBORHOOD PARTNERSHIP-RENTAL INSPECTIONS PROGRAM: Council at its 12:30 p.m., session having received a briefing on proposed changes to the Rental Inspections program as a result of certain concerns expressed by property owners at the Monday, May 20, 1996 Council meeting, and in view of time constraints, Council having continued the briefing until the 2:00 p.m., session, the matter was again before the body. The Mayor called upon the City Manager to continue the 12:30 p.m. briefing on the Rental Inspections program. 68 ACTION: The City Manager advised that the Rental Inspections program is a mandatory inspection program, which is as strong as the laws of the Commonwealth of Virginia will allow with two exceptions, viz: (1) Council may require that landlords provide the City with a formal list of property that they own and use for rental purposes; however, this has not been recommended because a consensus was not reached by the task force, and he has been advised by City staff that it is believed that the information can be obtained voluntarily; and (2) the task force could not reach agreement on mandatory display of the inspection sticker. He emphasized that with those two exceptions, the recommendation before Council is the maximum allowable under State law. Mr. Parrott offered the following emergency ordinance: (#32989-061796) AN ORDINANCE creating Article 11.2, Rental Certificate of Com_oliance, of Chapter 7, Building Re_=ulations, of the Code of the City of Roanoke (1979), as amended, to provide for the inspection of rental dwellings and dwelling units in the City of Roanoke, and repealing Article IV, Occu_r)ancy Permits, of Chapter 16, Human Ri~_hts, of the Code of the City of Roanoke (1979), as amended; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 492.) Mr. Parrott moved the adoption of Ordinance No. 32989-061796. The motion was seconded by Dr. Butler. A communication from Dr. Anthony R. Stavola, Past President, Greater Raleigh Court Civic League, advising that with the many volunteer aspects of the Rental Inspections program and the lack of any real enforcement mechanism, the minority of landlords who are not concerned with maintenance will be those who will not comply with the Program; there seems to be many unanswered questions about how the prOgram will work, as well as available tools to mandate compliance, and suggesting that City staff give further review to enforcement issues, was before Council. A communication from Michael F. Urbanski, Incoming President, Greater Raleigh Court Civic League, advising that although the current proposal for rental inspections does not directly impact his neighborhood, he expressed concern that the City's fire inspection plan 69 for rental property should be mandatory and contain some reliable mechanism for annual reporting and insuring compliance, was before Council. (For full text, see communications on file in the City Clerk's Office.) The Mayor requested that the communications from Dr. Stavola and Mr. Urbanski be received and filed and made a part of the record. The Reverend Wayne C. Harrison, 825 Stewart Avenue, S. E., advised that in his walking tours of the southeast neighborhood, the property of homeowners is fairly well maintained compared to landlord (rental) property. He stated that the main issue is the circumstances under which some people must live, and it would appear that if there is a law on the books, it should have enough teeth to make it enforceable, and urged that Council enact a measure providing maximum enforcement. Paula L. Prince, President, Old Southwest, Inc., advised that Old Southwest believes that the Rental Inspections program should be as strong as possible, and requested that Council adopt an ordinance to provide that display of the Certificate of Compliance sticker will be mandatory. H~ Joel Kelley, 3038 Melrose Avenue, N. W., suggested that action on the Rental Inspections program be deferred and that the City request its representatives to the General Assembly to support legislation providing for City-wide enforcement. John C. Kepley, representing the Roanoke Property Investors Association, spoke in support of the revised Rental Inspections program which is fair to tenants, landlords, the Building Department and all citizens of the City of Roanoke. He stated that if the Program is to succeed, there must be a better understanding and working relationship between the City of Roanoke's Building Department and the individual renter/property owner. He called attention to past disagreements and problems which he hopes will be resolved, and based on discussions with the City Manager and the Director of Public Works, assurances have been made that certain injustices will be corrected. He advised that the City's raze order to tear down houses is given too quickly, thousands of houses have been torn down within Roanoke City during the past ten years, and vacant lots are evident ?0 everywhere. He added that each house which is torn down lowers the tax base and leads to an increase in taxes that other citizens must pay; and such action also reduces affordable housing for those persons who cannot afford to move to higher priced apartments or houses in other parts of the Roanoke Valley. He recommended that Council consider placing a six month moratorium on razing houses to enable the issue to be studied in depth. He added that a housing task force should be appointed to address some of the issues that were raised during the past month by the Certificate of Compliance Draft Committee, which issues are set forth on Page 8, Related Issues, of the Program Outline. Kathy S. Hill, 509 Arbor Avenue, S. E., representing the Riverland Alert Neighbors Association, expressed concern with regard to fires in vacant houses that are not boarded up and cannot be rented because the structures are not in compliance with the building code. She stated that if the guidelines are revised to delete mandatory display of the Certificate of Compliance sticker, the whole purpose of the task force/citizen workshops will be defeated. She spoke against changing the laws to prevent the razing of substandard housing, because if a house has been boarded up for a long period of time without the necessary repairs, it should be torn down to allow construction of other affordable housing. The Reverend Charles T. Green, 1731 Hanover Avenue, N. W., called attention to a vacant house next door to his residence which has been vacant for ten years, and because of the deteriorating condition of the house, it would be difficult for him to sell his house, yet his property assessment continues to increase. He expressed sympathy to the plight of the landlord because there are tenants who destroy property, therefor, something should be done to educate the tenant on how to take care of rental property. He stated that there are hundreds of boarded up houses in the northwest area which are unsightly to the overall appearance of the City, and suggested that the City give further study to the Rental Inspection program and prepare a stronger and more enforceable ordinance. Theodore J. Edlich, III, Executive Director, Total Action Against Poverty in the Roanoke Valley, advised that not requiring the list of rental properties of individual property owners, or mandatory display of the Certificate of Compliance sticker would not be a deficit to the Rental Inspections program; however, the greatest problem would be in not adopting the ordinance at this time. He pointed out that the City Manager is committed to insuring that rental property meets housing code standards, and over the next 12 months, the City Manager, along with City staff, will review compliance levels; and urged that Council adopt the ordinance as drafted and continue to work with the City Manager on compliance issues and whether or not the law needs to be changed at some future date. William H. Wilson, III, 1818 Brandon Avenue, S. W., advised that the Certificate of Compliance sticker is not a major issue, and is not something that should determine whether the Program is adopted or not adopted. He stated that mandatory display of the Certificate of Compliance sticker appears to be a bad idea because it stigmatizes certain neighborhoods, and would cause citizens to feel that their neighborhood is not up to the same standards as other neighborhoods. He added that the Rental Inspections program will require the cooperation of all persons involved if it is to be successful, and opposing sides should not point fingers at each other for having different points of view. He requested that Council adopt the Rental Inspections program as presented. Mr. McCadden advised that he intended to vote against the ordinance because the Rental Inspections program should be enforced City-wide and not just in conservation and rehabilitation districts. Ms. Wyatt suggested that Council review issues relating to display of the Certificate of Compliance sticker and voluntary submittal by property owners of the list of rental properties in six months to evaluate performance levels. Mr. White called for the question. The motion was seconded by Mr. Parrott and adopted, Mayor Bowers voting no. Ordinance No. 32989-061796 was adopted by the following vote: AYES: Council Members Butler, Parrott, White, Wyatt, Bowles and Mayor Bowers ...................................................................... 6. NAYS: Council Member McCadden ......................................... 1. 7! 72. ACTION: Mr. Parrott offered the following resolution: (#32990-061796) A RESOLUTION amending the City's Fee Compendium to establish fees in connection with the City's Rental Certificate of Compliance Program. (For full text of Resolution, see Resolution Book No. 58, page 501.) Mr. Parrott moved the adoption of Resolution No. 32990-061796. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butler, Parrott, White, Wyatt, Bowles and Mayor Bowers ..................................................................... 6. NAYS: Council Member McCadden. BUDGET-REGISTRAR-ROANOKE CiViC CENTER-PERSONNEL DEPARTMENT-CIRCUIT COURT-COMMUNICATIONS DEPARTMENT: The City Manager submitted a written report advising that personnel lapse is generated due to employee turnover and vacancies in City departments; salary savings of $785,000.00 are projected as a result of the vacancies in the current fiscal year; and total estimated personnel lapse generated for fiscal year 1995-96 is $936,372.00, which exceeds the estimate of $785,000.00 by $151,372.00, of which $148,550.00 needs to be transferred to the following departments to fund operating needs: Circuit Court Services; $44,040.00 to Fees for Professional Registrar - $20,000.00 to Temporary Wages to cover estimated costs of the June Primary election; Communications - $34,510.00 to Overtime Wages to cover shortages in the account as a result of required training of existing staff for professional recertification, mandatory training of new staff in areas such as CPR and emergency medical dispatch, and the snow storms of December 1995 and January 1996; and 73 ACTION: Civic Center - $50,000.00 to the Civic Center Fund to cover event planning expenses for future conferences, including the Virginia Municipal League Annual Conference in the fall of 1996. The City Manager recommended that Council authorize the transfer of funds from departmental accounts to Personnel Lapse Account No. 001-002-9410-1090 and adjust revenue estimates as set forth in Attachment A to the report. (For full text, see report on file in the City Clerk's Office.) Mrs. Bowles offered the following emergency budget ordinance: (#32991-061796) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General and Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 503.) Mrs. Bowles moved the adoption of Ordinance No. 32991-061796. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, Wyatt, Bowles and Mayor Bowers .......................................................... 6. NAYS: None ...................................................................... 0. (Council Member White was out of the Council Chamber.) HUMAN DEVELOPMENT-HOUSING/AUTHORITY-PUBLIC WORKS- PLANNING-GRANTS-ENTERPRISE ZONE-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that each year the City receives Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) entitlement funds from the U. S. Department of Housing and Urban Development (HUD) to implement a variety of community development programs; HUD did not provide exact entitlement figures to the City in January as expected due to delays in Congressional approval of HUD's appropriation bill, and instead, the City was instructed by HUD to prepare the Annual Update at ten per cent below fiscal year 1995 funding, an overall decrease of 74 $294,700.00; on May 8, 1996, the City received notification of the exact entitlement amounts; Emergency Shelter Grant funds were not received; however, the CDBG allocation increased by $169,400.00 and HOME funds increased by $15,100.00 when compared to the estimated allocations previously provided by HUD and used in the budgeting process; and Council requested a recommendation concerning allocation of the additional funds prior to July 1, 1996. It was further advised that all eligible projects were reexamined and reconsidered for funding or for increases in 1996-97 funding allocations, which review included the Roanoke City Boxing Association's program for start-up funds to establish a boxing program for at-risk youth; and the following activities are recommended for increases in current levels of funding: Economic Development Investment Fund Downtown Historic Facade Grants Consolidated Rehabilitation Loans Empowering Individuals with Disabilities Emergency Assistance Fund Enterprise II Plan ROanoke Neighborhood Partnership General Administration $50,000.00 10,000.00 20,000.00 5,500.00 7,000.00 15,000.00 5,000.00 It was noted that the remaining $56,900.00 in Community Development Block Grant funds is recommended to be added to the CDBG contingency account for possible cost overruns, or for any future projects approved by Council. The City Manager recommended that he be authorized to amend the Annual Update to the HUD Entitlement Consolidated Plan, make budgetary adjustments as set forth in Attachment A to the report, and submit appropriate amendments to the U. S. Department of Housing and Urban Development after the required 30 day citizen review period, provided there are no compelling objections to the amendments. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. McCadden offered the following resolution: (#32992-061796) A RESOLUTION authorizing the City Manager to amend the Annual Update of the Entitlement Consolidated Plan for fiscal year 1996-97 and submit said amendments to the United States Department of Housing and Urban Development (HUD), and to execute documents in connection with said amendments. (For full text of Resolution, see Resolution Book No. 58, page 509.) Mr. McCadden moved the adoption of Resolution No. 32992- 061796. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, Wyatt, Bowles and Mayor Bowers .......................................................... 6. NAYS: None ...................................................................... 0. (Council Member White was out of the Council Chamber.) INSURANCE-PARKS AND RECREATION-PUBLIC WORKS: The City Manager submitted a written report advising that the Blue Ridge Zoological Society of Virginia, Inc. (Zoo), operates Mill Mountain Zoo on land leased from the City of Roanoke; the Roanoke Jaycees, Inc. (Jaycees), have operated a miniature train, often referred to as the "Zoo Choo", at the Mill Mountain Zoo since 1952; Ordinance No. 30865- 021092, adopted February 10, 1992, authorized the City to renew the agreement between the City, the Jaycees and the Zoo; parties to the previous agreement decided to negotiate a new agreement, and major points of the new agreement are as follows: Jaycees will retain train ownership; Zoo has exclusive license to operate the train; establishes "Zoo Choo" committee to recommend policy and procedures for train operation; net revenues split evenly between Jaycees and Zoo; initial term of agreement is through December 31, 1996, with automatic annual renewals; and 75 the Zoo and the Jaycees will indemnify the City from any claims resulting from their intentional or negligent acts or omissions. A major point not in the previous agreement but in the new agreement is that the City will indemnify the Zoo and Jaycees from any claims resulting from the City's intentional or negligent acts or omissions. The City Manager recommended that he be authorized to execute an agreement with Blue Ridge Zoological Society of Virginia, Inc., and Roanoke Jaycees, Inc., in a form to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#32993-061796) A RESOLUTION authorizing the proper City officials to execute an agreement with the Blue Ridge Zoological Society of Virginia, Inc., and Roanoke Jaycees, Inc., for the operation of the miniature railroad at the Mill Mountain Zoo, upon certain terms and conditions. ACTION: (For full text of Resolution, see Resolution Book No. 58, page 511.) Mr. Parrott moved the adoption of Resolution No. 32993-061796. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, Wyatt, Bowles and Mayor Bowers .......................................................... 6. NAYS: None ...................................................................... 0. (Council Member White was out of the Council Chamber.) PARKS AND RECREATION-ARMORY/STADIUM-PUBLIC WORKS- CONSULTANTS REPORTS: The City Manager submitted a written report advising that Heery International, Inc., of Atlanta, Georgia, with its Sports Facility Division and its Consultants, Hammer, Siler, George Associates, also of Atlanta, were selected to perform a feasibility study for use of Victory Stadium and Field House; on January 16, 1996, Council requested that the consultants concentrate their efforts on 77 ACTION: Option 4 for renovations to Victory Stadium; the City Manager was requested to contact local jurisdictions with regard to pursuing a regional development approach towards the Field House Complex; the matter was discussed with local government administrators on February 29, 1996, and although Roanoke Valley representatives liked the concept, they indicated that more pressing priorities need to be addressed. It was explained that key elements of Victory Stadium renovations and related costs total $14,625,000.00, excluding the purchase of property located north of Reserve Avenue. The City Manager recommended that Council receive with favor the feasibility study and refer the project for renovations to Victory Stadium to the long range Capital Improvements Program for future funding consideration. (For full text, see report on file in the City Clerk's Office.) FOllowing a discussion of the matter, Mr. Parrott moved that the City Manager be requested to report to Council within 60 days as to the feasibility of completing Option 4 on a fast track basis. The motion was seconded by Mr. McCadden and unanimously adopted. NEIGHBORHOOD ORGANIZATIONS-PLANNING-GRANTS- ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager submitted a written report advising that as part of the annual budget and the Community Development Block Grant (CDBG) program, Council approved the expenditure of General Funds and CDBG funds for neighborhood improvement grants; the Neighborhood Improvement Grant Program was established in 1985 through the Roanoke Neighborhood Partnership and provides mini-grants up to $1,500.00 and Neighborhood Development Grants up to $10,000.00, with the purpose of the program to provide financial incentives for neighborhood organizations to undertake self-help projects; and proposed projects will provide neighborhood beautification, revitalization, and improve the quality of life in the following neighborhoods: Williamson Road Action Forum, Inc. - $800.00 for purchase and installation of trees in Bowman Park, $200.00 matching funds; 78 Old Southwest, Inc. - $800.00 for the following projects, $200.00 matching funds; establish a tool bank for Old Southwest residents to clean and maintain streets, sidewalks, yards and alleys; purchase hoses, watering cans, and fertilizer to assist and encourage residents to care for approximately 115 trees to be planted by the City; and develop and mail a flyer to residents to advertise the availability of the tool bank and to recruit volunteers for Block Pride Day. Old Southwest, Inc. - $9,800.00, purchase computer equipment and software for record keeping, creating presentations, and publishing the neighborhood newsletter, no matching funds; and Old Southwest, Inc.- $10,000.00, purchase seven vacant lots located in the Old Southwest neighborhood, described as Official Tax Nos. 1140102, 1140103, 1140104, 1131301, 1131302, 1131303 and 1131304. The City Manager recommended that he be authorized to execute the necessary agreements and amendments thereto, if necessary, with the abovereferenced neighborhood organizations, said agreements to be approved as to form by the City Attorney, within the limits of funds set forth in the report and for the purposes specified. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following resolution: (#32994-061796) A RESOLUTION authorizing the City Manager to execute administrative agreements and any necessary amendments thereto with two separate agencies for implementation of various Community Development Block Grant programs. (For full text of Resolution, see Resolution Book No. $8, page 511.) _ __ 79 ACTION: Mr. McCadden moved the adoption of Resolution No. 32994- 061796. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................................................... 7. NAYS: None ...................................................................... O. BUDGET-PUBLIC WORKS-REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY-RECYCLING: The City Manager submitted a written report advising that the adopted budget for Solid Waste Management for fiscal year 1995-96 was prepared based on several budget assumptions regarding the cost of operating refuse disposal programs, i.e., estimated tons of refuse to be disposed of at the Roanoke Valley Resource Authority during fiscal year 1995-96 would be 42,266.00 tons; a major natural occurrence that could not be planned for was the rain storm that occurred on June 28, 1995, in the Garden .City Boulevard area, causing extensive damage on private properties and public right-of-ways; and approximately 1,230 tons of debris was collected and disposed of at the Roanoke Valley Resource Authority. It was further advised that the budget assumption for operating refuse disposal programs was changed during the fiscal year because the tons of refuse disposed of at the Roanoke Valley Resource Authority exceeded the budget estimate by 3,103 tons, and the cost of the additional 3,103 tons at $45.00 per ton totals $139,635.00; and tons of debris collected and disposed of resulting from the major rain storm was 1,230 tons at $45.00 per ton, totalling $55,350.00. The City Manager recommended that Council authorize the transfer of $195,000.00 to Solid Waste Management - Refuse, Account No. 001~052-4210-2010. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: 80¸ ACTION: (#32995-061796) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 512.) Mr. White moved the adoption of Ordinance No. 32995-061796. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .7. NAYS: None ...................................................................... 0. BUDGET-COMMUNICATIONS DEPARTMENT-CONSULTANTS REPORTS: The City Manager submitted a written report advising that on July 11, 1994, Council authorized an agreement with Towers Perrin to provide outside assistance in exploring major service areas that should be studied for regional cooperation; and Towers Perrin presented its recommendations to the regional local government management group and representatives from the Roanoke Regional Chamber of Commerce on May 12, 1995, which recommendations included cooperation in Public Safety emergency communications and public safety activities. It was further advised that Roanoke City Council and the Roanoke County Board of Supervisors were briefed at a joint meeting on March 4, 1996, with regard to the need to issue a joint City/County Request for Proposal to obtain Communications Consulting Services, and advertisement was published in The Roanoke Times on Sunday, March 17, 1996, with responses having been received from the following firms: RAM Communications Consultants, Inc.; Frederick G. Griffen, P.C.; Omnicom, Inc.; and Hayes, Seay, Mattern & Mattern; and staff from Roanoke City and Roanoke County evaluated and interviewed three of the four firms, with Hayes, Seay, Mattern & Mattern having been determined to be the most qualified to provide the required services at a competitive negotiated total cost of $36,000.00, which will be evenly shared by the City and the County. ACTION: ACTION: The City Manager recommended that Council appropriate $18,000.00 from Contingency Reserve Account No. 001-002-9410-2199 to Communications Account No. 001-050-4130-2010 for Fees for Professional Services; and that he be authorized to execute a contract, in a form acceptable to the City Attorney, for joint City/County Communications Consulting Services. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (#32996-061796) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 513.) Ms. Wyatt moved the adoption of Ordinance No. 32996-061796. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................................................... 7. NAYS: None ...................................................................... 0. Ms. Wyatt offered the following resolution: (#32997-061796) A RESOLUTION authorizing a contract between the City, Roanoke County and a consulting firm for the provision of communications consulting services. (For full text of Resolution, see Resolution Book No. 58, page 514.) Ms. Wyatt moved the adoption of Resolution No. 32997-061796. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................................................... 7. 81 NAYS: None ...................................................................... 0. 82 BUDGET-HUMAN DEVELOPMENT-FDETC: The City Manager submitted a written report advising that the Fifth District Employment and Training Consortium administers the Federally funded Job Training Partnership Act (JTPA) for the Fifth Planning District; and the Consortium serves eligible residents in the Counties of Alleghany, Botetourt, Craig and Roanoke, and the Cities of Clifton Forge, Covington, Roanoke and Salem. It was further advised that the Governor's Employment and Training Department (GETD) has sent to the Consortium Notices of Award and adjustments for programs which include on-the-job training, work experience, job related education, classroom training, job placement activities, and remedial education in the following amounts: Title II-B (Summer Youth Employment Program) Funds - $324,165.00 (Notice of Award No. 96-03-11), will be used to provide remedial education, academic enrichment, work experience with payment of wages, training, counseling, and other benefits for 200 to 225 youth; and Title II-C Funds - $30,339.00 (Notice of Award No. 96-03- 08), a transfer in from program year 95 II-B, will be used to prOvide services to youth ages 16-21. The City Manager recommended that Council appropriate Fifth District Employment and Training Consortium funding totalling $354,504.00 and increase the revenue estimate by $354,504.00 in accounts to be established in the Consortium Fund by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Dr. Butler offered the following emergency budget ordinance: (#32998-061796) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 515.) ACTION: Dr. Butler moved the adoption of Ordinance No. 32998-061796. The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers ................................................... 7. NAYS: None ...................................................................... 0. BUDGET-HUMAN DEVELOPMENT-YOUTH-JUVENILE CORRECTIONAL FACILITIES: The City Manager submitted a written report advising that the Comprehensive Services Act (CSA) for At-Risk Youth and Families established, effective July 1, 1993, a pool of State funds to be expended for public or private non-residential or residential services for the targeted population of at-risk youth and their families; the CSA mandates services for foster care children, including residential placement and for children whose individualized education plan mandates specialized education private day or residential educational programs; and CSA State Funds Pool allocation for Roanoke City for July 1, 1995 through June 30 1996 is: State funds required local match $3,915,815.00 1,854,468.00 current budgeted funds $5,770,283.00 It was further advised that the cost of mandated services for targeted at-risk youth and their families was underestimated by $722,543.00 for fiscal year 1996, as follows: State funds required local cash match $522,543.00 200,000.00 additional supplemental funds $722,543.00 Roanoke City is required to provide a local cash match of 27.68 per cent, or$200,000.00. The City Manager recommended that Council authorize the Director of Finance to increase revenue estimates in the Comprehensive Services Act, Account No. 001-020-1234-0692, by $522,543.00, increase appropriations in Account No. 001-054-5410-3171 by $522,543.00, and increase revenue estimates in Social Services accounts and appropriate or transfer a total of $200,000.00 from certain listed accounts to CSA expenditure, Account No. 001-054-5410-3171. (For full text, see report on file in the City Clerk's Office.) 83 84 ACTION: Mrs. Bowles offered the following emergency budget ordinance: (#32999-061796) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 517.) Mrs. Bowles moved the adoption of Ordinance No. 32999-061796. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .7. NAYS: None ...................................................................... 0. BUDGET-HUMAN DEVELOPMENT-GRANTS-YOUTH-JUVENILE CORRECTIONAL FACILITIES-SCHOOLS: The City Manager submitted a written report advising that the Comprehensive Services Act (CSA) administrative fund expenditures include salaries and fringe benefits for the CSA Administrator, the Family Assessment and Planning Coordinator, and administrative expenses; and total funding for administrative costs for July 1, 1995 through June 30, 1996 is as follows: State funds required City local cash match Roanoke City Schools additional local funding $18,080.00 4,920.00 13,875.00 34.767.00 $71,642.00 It was further advised that State funds of $18,080.00 have been appropriated for fiscal year 1996; Roanoke City Schools' share of Comprehensive Services Act administrative costs has not been appropriated for fiscal year 1996; estimated CSA fiscal year 1996 administrative expenditures are $71,642.00; school funding of $13,875.00 needs to be appropriated into CSA Administrative Account No. 001-054-5411-1002; the required City local cash match of $4,920.00 needs to be transferred to Account No. 001-054-5411-1002; and additional local funding of $34,767.00 for CSA administrative expenditures needs to be appropriated to Grant Fund Account No. 035- 054-5156-1002. The City Manager recommended that Council appropriate additional funds for Comprehensive Services Act administrative costs for fiscal year 1995-96 by adopting the following changes to the fiscal year 1996 budget: General Fund: Increase Revenue Account No. 001-020-1234-0695 (CSA School Administration) $13,875.00 Increase Expenditure Account No. 001-054-5411-1002 (CSA Administration) $13,875.00 Transfer from: Account No. 001-054-3320-8005 (Juvenile Detention Home) to: Account No. 001-054-5411-1002 (CSA Administration) Account No. 001-004-9310-9535 (Transfer to Grant Fund) $39,687.00 $ 4,920.00 34,767.00 Grant Fund: Increase Revenue Account No. 035-035-1234-7217 (CSA - Local Funding) $34,767.00 Increase Expenditure Account No. 035-054-5156-1002 (CSA Administration) $34,767.00 (For full text, see report on file in the City Clerk's Office.) Dr. Butler offered the following emergency budget ordinance: 85 ACTION: (~t33000-061796) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General and Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 518.) Dr. Butler moved the adoption of Ordinance No. 33000-061796. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers ................................................... 7. NAYS: None ...................................................................... 0. DIRECTOR OF FINANCE: BUDGET-CITY SHERIFF-CITY JAIL-CAPITAL IMPROVEMENTS PROGRAM-JUVENILE CORRECTIONAL FACILITIES-YOUTH: The Director of Finance submitted a written report advising that the City's Jail Expansion and Crisis Intervention Center projects were both partially funded by State grant funds; State reimbursement is contingent on the Department of Corrections's approval of project expenditures; and as a result, State funding has changed since inception of these projects and certain appropriation adjustments are necessary. It was further advised that at the start of the Jail Expansion project, the Virginia Department of Corrections agreed to reimburse the City for 25 per cent of estimated projects, or $1,913,940.00; construction bids for the Jail Expansion project exceeded the original estimate, therefore, the City requested additional State reimbursement; in order to expedite the project, the City appropriated general revenue while awaiting a decision by the State to increase its participation; the Board of Corrections approved the City's request for additional reimbursement for $385,259.00, which needs to be appropriated; similarly, the City may now reduce general revenue funding, previously appropriated to the Jail Expansion account, by $385,259.00, which will be transferred to the Crisis Intervention Center account ($80,000.00) and to the Capital Improvement Reserve account ($305,259.00). 87 It was explained that the Crisis Intervention Center construction was completed during fiscal year 1992-93; State reimbursement of $280,000.00 from the Department of Corrections was appropriated to partially fund the project; in September 1995, the City received $200,000.00 as payment in full from the State; the remaining $80,000.00 was not approved in the State's budget, and since the City will not collect the remaining $80,000.00, it is necessary to reduce anticipated State funding by $80,000.00 and appropriate general revenue. The Director of Finance recommended that Council approve in the following actions: increase the receivable, "Due from State-Department of Corrections-Jail, in the Capital Projects Fund by $385,259.00; appropriate an additional $385,259.00 of State funds to the Capital Projects Fund Account No. 008-052-9685-9077, Jail Expansion; deappropriate General Revenue funding by $385,259.00 in the Capital Projects Fund Account No. 008-052-9685-9003, Jail Expansion; decrease the receivable, "Due from State Department of Corrections-Crisis", by $80,000.00 in the Capital Projects Fund; deappropriate $80,000.00 of State funding in the Capital Projects Fund Account No. 008-052-9637-9007, Crisis Intervention Center; appropriate $80,000.00 of General Revenue in the Capital Projects Fund Account No. 008-052-9637-9003, Crisis Intervention Center, which will be available from the Jail Expansion Account No. 008-052-9685-9003; and transfer General Revenue of $305,259.00 available in the Jail Expansion Account No. 008-052-9685-9003, to the Capital Projects Fund Account No. 008-052-9575-9178, Capital Improvement Reserve - Buildings. (For full text, see report on file in the City Clerk's Office.) 88 ACTION: Mrs. Bowles offered the following emergency budget ordinance: (#33001-061796) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 520.) Mrs. Bowles moved the adoption of Ordinance No. 33001-061796. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers 7. NAYS: None ...................................................................... 0. BUDGET-SEWERS AND STORM DRAINS-BONDS/BOND ISSUES- BRIDGES-ARMORY/STADIUM-CHURCH AVENUE PARKING GARAGE- PUBLIC WORKS-CAPITAL IMPROVEMENTS PROGRAM-INDUSTRIES- FLOOD REDUCTIONICONTROL-J & D RELATIONS DISTRICT COURT- SCHOOLS-EQUIPMENT-ROANOKE NEIGHBORHOOD PARTNERSHIP- STREETS AND ALLEYS: The Director of Finance submitted a written report advising that Capital projects of all types have been approved by Council for construction over the past years, which projects have included construction in major categories for buildings, parks, streets, bridges, sanitary sewers, water projects and storm drains; funding is established for each project when Council approves the construction based on bids for the various construction costs, as well as extra funding for possible contingencies; and completed projects have contingency funds remaining after final bills are paid because most projects are completed within established budgets. It was further advised that a number of projects have been completed and may be closed out; remaining funds need to be transferred from the completed projects to capital projects still under construction or to the capital improvement reserve account for future construction; a proposed budget ordinance will transfer $173,665.00 in remaining funding in completed projects to the capital improvement reserve to be available for further appropriations, transfer bond ACTION: proceeds funding of $77,253.00 between existing Water Plant Expansion project accounts, and deappropriate $77,253.00 in funding previously appropriated from retained earnings; and overall funding in total for Water Plant Expansion project accounts remains unchanged. The Director of Finance recommended that funds be transferred from completed capital projects to appropriate capital accounts. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (#33002-061796) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects, Water, Sewage Treatment, and Transportation Fund Appropriations, and providing for an emergency. (For fulltext of Ordinance, see Ordinance Book No. 58, page 521.) Ms. Wyatt moved the adoption of Ordinance No. 33002-061796. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................................................... 7. NAYS: None ...................................................................... 0. CITY ATTORNEY: CITY CODE-LEGISLATION: The City Attorney submitted a written report advising that since 1982, Council has reenacted and recodified the City Code on an annual basis in order to properly incorporate amendments made by the Virginia General Assembly at the previous Session to State statutes that are incorporated by reference in the City Code, which procedure ensures that the ordinances codified in Roanoke's Code incorporate current provisions of State law. The City Attorney recommended that Council adopt a proposed ordinanCe to readopt and reenact the Code of the City of Roanoke (1979), as amended. (For full text, see report on file in the City Clerk's Office.) 89 90 Mr. White offered the following emergency ordinance: (#33003-061796) AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 526.) ACTION: Mr. White moved the adoption of Ordinance No. 33003-061796. The motion was seconded by Mr. McCadden and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers 7. NAYS: None ...................................................................... O. REPORTS OF COMMITTEES: BUDGET-ROANOKE CIVIC CENTER: Vice-Mayor William White, Sr., Chairperson of the Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for remOval of ACM ceiling and reroofing of the area around the stage in the Roanoke Civic Center Auditorium, and recommended that Council approve the following actions: award a lump sum contract to S. P. Cahill and Assoc., Inc., for removal of ACM around the stage in the Civic Center Auditorium, with work to be performed between July 2 - 14, 1996, at a cost of $25,900.00; award a lump sum contract to Melvin T. Morgan Roofing and Sheet Metal Co., Inc., to replace the Iow roof around the stage area of the Auditorium, with work to be performed in 70 consecutive calendar days starting on July 15, 1996, at a cost of $36,244.00; appropriate the following funding from the Civic Center Retained Earnings account to a Capital account to be established in the Civic Center Fund for each project, as follows: 91 ACTION: removal of ACM ceiling: contract amount project contingency $25,900.00 2,500.00 total $28,400.00 reroof area around stage: contract amount project contingency $36,244.00 3.000.00 total $39,244.00 reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#33004-061796) AN ORDINANCE to amend and reordain certain sections of the 1995-96 Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 527.) Mr. Parrott moved the adoption of Ordinance No. 33004-061796. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................................................... 7. NAYS: None ...................................................................... 0. BUDGET-HUMAN DEVELOPMENT: A report of the Human Services Committee advising that the Human Services Committee budget, in the amount of $408,997.00, was established by Council pursuant to Ordinance No. 32920-051396, adopted on May 13, 1996, which adopted the 1996-97 fiscal year General Fund budget; requests 92 were received from 33 agencies, in the total amount of $780,818.83; and agencies were notified of tentative allocation recommendations, as well as the appeal process. It was further advised that the Human Services Committee requests that $8,986.00 be designated in the Human Services Committee budget to cover monitoring expenses; a schedule was attached to the report listing recommended funding for allocation to the various agencies; and four appeals of Committee recommendations, as provided by Council policy, were received after notification to each agency of its tentative recommended allocation, which appeals were heard on May 24, 1996, from Roanoke Area Ministries, Child Health Investment Partnership, YMCA, and Garden of Prayer House of Deliverance. The Committee submitted the following recommendations: Bethany Hall - $7,500.00, payment of $20.00 per day for Roanoke residents, up to a maximum of $7,500.00; The Salvation Army - $26,700.00, a contract to be executed with The Salvation Army for provision of services to City citizens under the Homeless Housing Program and/or the Abused Women's Shelter; Unified Human Transportation Systems, Inc. (RADAR) - $24,000.00, through Valley Metro in order that Valley Metro may receive credit for providing transportation to the handicapped; and Inner City Athletic Association - $1,900.00 through Community Organization for Research and Development. Further, the Human Services Committee recommended that Council concur in the following actions: funding of agencies in amounts recommended on Attachment A to the Committee report; ACTION: authorize the Chairman of the Human Services Committee and the Director of Human Development not to permit payment of funds to any agency until objectives, activities, and other reasonable requests of the monitoring staff are submitted and accepted: transfer $408,997.00 from the Human Services Committee Account No. 001-054-5221-3700, to new line items to be established in the Human Services Committee budget by the Director of Finance; and authorize the City Manager, or his designee, to negotiate a contract for $26,700.00 with The Salvation Army for provision of services to City citizens under the Homeless Housing Program and/or Abused Women's Shelter, and COuncil will be requested to authorize execution of the contract after negotiation. (For full text, see report on file in the City Clerk's Office.) Mr. McCadden offered the following emergency budget ordinance: (#33005-061796) AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 58, page 528.) Mr. McCadden moved the adoption of Ordinance No. 33005- 061796. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................................................... 7. NAYS: None ...................................................................... 0. 93 Mr. McCadden offered the following resolution: 94 ACTION: (#33006-061796) A RESOLUTION concurring in the recommendations of the Human Services Committee for allocation of City funds to various nonprofit agencies for Fiscal Year 1996-1997. (For full text of Resolution, see Resolution Book No. 58, page 531.) Mr. McCadden moved the adoption of Resolution No. 33006- 061796. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .7. NAYS: None ...................................................................... 0. PIPELINES/STORAGE TANKS-FRANCHISES-CITY PROPERTY- UTILITIES-ROANOKE GAS COMPANY-WATER RESOURCES: Earlier in the meeting, Council having received and opened a bid for a gas franchise and a gas pipeline license, and the bids having been referred to a Bid Committee for study, report and recommendation; Vice-Mayor William White, Sr., Chairperson of the Bid Committee, presented a written report on behalf of the Committee, and advised that one bid, being the bid of Roanoke Gas Company (Grantee), was received, for a franchise to construct, operate and maintain a natural gas distribution system in the City, for a term of 20 years, commencing January 1, 1996 and extending through December 31, 2015, at a franchise fee calculated, as follows: Grantee will pay Grantor (City) a Franchise Fee which shall be calculated pursuant to the following. It is understood that Grantee has or will enter into Franchise agreements with the City of Salem ("Salem") and the Town of Vinton ("Vinton") (Grantor, Salem, and Vinton being hereinafter sometimes collectively referred to as the "localities") with fee provisions identical to this one, and that the total annual Franchise Fee to be paid to the three localities in aggregate is $56,000.00 for calendar year 1996 ("base year total annual Franchise Fee"). 95 ACTION: Grantor's Franchise Fee shall be a percentage share of the base year total annual Franchise Fee, which shall be determined on a pro rata basis according to its percentage share of the total dollar value of Grantee's gas sales occurring within the localities during the calendar year. For each calendar year of the Franchise, each Iocality's percentage share shall be determined by the following formula: Locality's percentage share = total dollar share value of Grantee's gas sales within the Territorial Limits of the locality total dollar value of Grantee's gas sales in the three localities For calendar year 1996, the Franchise Fee shall be paid to Grantor on or before March 31, 1997. For each succeeding calendar year during the term of this Franchise, the total annual Franchise Fee paid by the Grantee to the localities shall be the base year total annual Franchise Fee increased by three per cent compounded annually over the term of the Franchise. For each calendar year during the term of this Franchise, Grantor's percentage share shall be determined pursuant to this Section, and paid to Grantor on or before March 31 of the succeeding calendar year. It was explained that Roanoke City's share of the Franchise Fee will initially be approximately $40,000.00 annually. The Bid Committee recommended that the bid of the Roanoke Gas Company be accepted. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that the following ordinance be placed upon its first reading: (#33007) AN ORDINANCE accepting a bid for a franchise to construct, operate and maintain a natural gas distribution system in the City, upon certain terms and conditions, for a twenty (20) year term and authorizing the execution of a Gas Franchise Agreement. (For full text of Ordinance, see Ordinance Book No. 58, page 532.) 96 The motion was seconded by Mrs. Bowles and adopted by the following vote: AYES: Council Members Butler, McCadden, White, Wyatt, Bowles and Mayor Bowers .......................................................... 6. NAYS: None ...................................................................... 0. (Council Member Parrott abstained from voting.) ACTION: Mr. White moved that the following ordinance be placed upon its first reading: (#33008) AN ORDINANCE providing for one or more non- exclusive franchises to construct, reconstruct, operate, maintain, repair and extend a Gas Distribution System within the City of Roanoke, Virginia. (For full text of Ordinance, see Ordinance Book No. 58, page 533.) The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Butler, McCadden, White, Wyatt, Bowles and Mayor Bowers ......................................................... 6. NAYS: None ...................................................................... 0. (Council Member Parrott abstained from voting.) Earlier in the meeting, Council have received and opened a bid for a gas pipeline license, Vice-Mayor White, Chairperson of the Bid Committee, presented a written report on behalf of the Committee and advised that one bid was received by Council, from the Roanoke Gas Company (Licensee) for the right to construct, operate and maintain a gas transmission pipeline on certain property of the City for a term of 20 years at a license fee as follows: Licensee shall pay to the City an annual license fee for each calendar year of the term of this License Agreement, the annual license fee for the first five years of the term (1996 through 2000, inclusive) shall be $1,455.00. 97 In order to maintain a license fee fair to the City and the Licensee throughout the term of this License Agreement, on the fifth anniversary of the commencement date of the Agreement and every five years thereafter, the amount of the license fee shall be adjusted, up or down to an amount determined by mutual agreement of the City and the Licensee. The City and the Licensee agree to use a ten per cent return on the fair market value of the City Property in determining the license fee. In the event that the City and Licensee are unable to agree as to the license fee, then each shall retain, at its own expense, a qualified appraiser of real estate who shall appraise and report as to the fair market value of the license fee utilizing the ten per cent return rule agreed upon above. The average of the two values shall then be calculated, and the average shall be the license fee paid by Licensee for the succeeding five years. Any license fee adjustment under the formula established above shall be calculated in the month of November 2000, for the second five years of the term (2001 through 2005, inclusive); and in the month of November 2005, for the third five years of the term (2006 through 2010, inclusive); and in the month of November 2010, for the fourth and final five years of the term (2011 through 2015, inclusive). The annual license fee for calendar year 1996 shall be due and payable within ten calendar days after the date of the Agreement; provided, however, for calendar year 1996, Licensee shall be entitled to a credit for any payments made for such calendar year under the previous Gas Pipeline Agreement. For calendar year 1997 and succeeding calendar years, the annual license fee for each calendar of this Agreement shall be due and payable in advance on December 15 preceding each such calendar year. The Bid Committee recommended that the bid of Roanoke Gas Company be accepted. (For full text, see report on file in the City Clerk's Office.) 98 ACTION: Mr. White moved that the following ordinance be placed upon its first reading: (#33009) AN ORDINANCE accepting a bid for the right to construct, operate and maintain a gas transmission pipeline on certain property of the City and authorizing the execution of a Gas Pipeline Agreement for a twenty year term. (For full text of Ordinance, see Ordinance Book No. 58, page 545.) The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Butler, White, Wyatt, Bowles and Mayor Bowers 5. NAYS: Council Member McCadden .................................. 1. (Council Member Parrott abstained from voting.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: VIRGINIA MUNICIPAL LEAGUE-ACTS OF ACKNOWLEDGEMENT- LEGISLATION: The City of Roanoke having recently received the designation of All America City for the fifth time, the Mayor requested that the matter of appropriate signage, ceremonies, etc., be referred to the City Manager for report to Council. Since the City of Roanoke was the only locality in the Commonwealth of Virginia to be honored, it was suggested that the City Manager contact the City's representatives to the General Assembly and appropriate officials of the Virginia Municipal League to request State recognition. 99 ACTION: HEARING OF CITIZENS UPON PUBLIC MATTERS: PARKS AND RECREATION-ACTS OF ACKNOWLEDGEMENT- CITY EMPLOYEES-SPECIAL EVENTS: Mr. ParrOtt offered the following resolution naming the Amphitheatre in Elmwood Park in honor of E. Laban Johnson: (#32983-061796) A RESOLUTION naming a City facility in honor of a distinguished citizen. (For full text of Resolution, see Resolution Book No. 58, page 475.) Mr. Parrott moved the adoption of Resolution No. 32983-061796. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Butler, McCadden, Parrott, White, Wyatt, Bowles and Mayor Bowers .................................................... 7. NAYS: None ...................................................................... 0. At 5:40 p.m., the Mayor declared the meeting in recess until 7:00 p.m. At 7:00 p.m., the Roanoke City Council meeting reconvened in the Council Chamber, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Vice-Mayor William White, Sr., presiding: PRESENT: Council Members Wendell H. Butler, Delvis O. McCadden, John H. Parrott, Linda F. Wyatt, Elizabeth T. Bowles and Vice-Mayor William White, Sr.- ........................................................ 6. ABSENT: Mayor David A. Bowers ......................................... 1. OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Council Member Bowles. 1-00 The Pledge of Allegiance to the Flag of the United States of America was led by Council Members Butler and McCadden. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING-LANDMARKS/HIST. PRESERVATION-ARCHITECTURAL REVIEW BOARD: Council at its regular meeting on Monday, April 15, 1996, having continued a request of the Episcopal Diocese of Southwestern Virginia to present a petition appealing a decision of the Architectural Review Board in connection with a request to demolish structures located at 1010 and 1014 First Street, S. W., the matter was again before the body. David C. Helscher, Attorney, representing the petitioner, advised that the original moving date for the structures was scheduled for sometime around March 15, 1996; however, inasmuch as the houses have not yet been moved, he requested another continuance of the matter. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. Parrott moved that the matter be continued until the regular meeting of Council on Monday, September 16, 1996, at 7:00 p.m. The motion was seconded by Ms. Wyatt and adopted. PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 17, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Eutau L. Bowling that a tract of land located at 2315 Patterson Avenue, S. W., described as Official Tax Nos. 1311601 and 1312318, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, May 31, 1996, and Friday, June 7, 1996, and in the Roanoke Tribune on Thursday, June 6, 1996. (See publisher's affidavits on file in the City Clerk's Office.) 101 ACTION: A report of the City Planning Commission advising that the purpose of the request for rezoning is to place a presently non- conforming use and a proposed future use of the property in an appropriate zoning classification, was before Council. The Planning Commission recommended approval of the request for rezoning, and advised that the subject properties, as well as surrounding properties, are primarily light manufacturing uses; a change in zoning to LM, Light Manufacturing, will benefit the industrial value of the properties and enhance development within the area; and additional zoning changes for the area will be considered in the future. (For full text, see report on file in the City Clerk's Office.) Ms. Eutaw C. Bowling appeared before Council in support of his request. Dr. Butler moved that the following ordinance be placed upon its first reading: (#33010) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 131, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 58, page 546.) The motion was seconded by Ms. Wyatt. The Vice-Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 33010 was adopted, on its first reading, by the following vote: AYES: Council Members Butler, McCadden, Parrott, Wyatt, Bowles and Vice-Mayor White ....................................................... 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent.) 102 ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 17, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of CBL & Associates Limited that a tract of land located on the north side of Bennington Street, at its intersection with Mount Pleasant Boulevard and Rutrough Road, S. E., described as Official Tax No. 4250202, be rezoned from CN, Neighborhood Commercial District, to C-2, General Commercial District, and that conditions currently applicable to the property be removed to facilitate the leasing by the petitioner of retail space in the shopping center currently constructed and operating on the property, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, May 31, 1996, and Friday, June 7, 1996, and in the Roanoke Tribune on Thursday, June 6, 1996. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to facilitate the leasing of retail space in the shopping center, was before Council. The Planning Commission recommended approval of the request for rezoning, and advised that while CN zoning may be preferable in the area to maintain the scale of commercial development in the neighborhood and the types of land uses, it appears that a change to C-2 would assist the development and operation of the existing shopping center, thereby maintaining its viability. It was further advised that the Neighborhood Commercial designation for this area may need further evaluation; the traffic study completed by Hayes, Seay, Mattern & Mattern, Inc., indicates that the proposed zoning change would not significantly affect the levels of service at intersections; it would be desirable to have transportation corridor improvements in place prior to expanded commercial development, including a traffic signal; however, only auxiliary lane improvements are currently in the City's Capital Improvement Program; and the issue of the amount of commercial signage is still being discussed with the petitioner. (For full text, see report on file in the City Clerk's Office.) 103 ACTION: Daniel F. Layman, Jr., Attorney, appeared before Council in support of the request of his client. Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#33011) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 425, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, and to remove certain conditions presently binding upon certain property previously conditionally zoned CN, Neighborhood Commercial District. (For full text of Ordinance, see Ordinance Book No. 58, page 547.) The motion was seconded by Mr. Parrott. The Vice-Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 33011 was adopted, on its first reading, by the following vote: AYES: Council Members Butler, McCadden, Parrott, Wyatt, Bowles and Vice-Mayor White ....................................................... 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 17, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of JJ&T Partnership and Randall Wayne Brown that two tracts of land located on the southerly side of Campbell Avenue, S. E., identified as Official Tax Nos. 4011102 and 4011103, be rezoned from LM, Light Manufacturing District, to C-3, Central Business District, with the rezoning of Official Tax No. 4011103 to be subject to certain conditions proffered by the petitioner, the matter was before the body. 104 Legal advertisement of the public hearing was published in The Roanoke Times on Friday, May 31, 1996, and Friday, June 7, 1996, and in the Roanoke Tribune on Thursday, June 6, 1996. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that current use of the parcel, Official Tax No. 4011102, is a leased parking facility; and the purpose of the request for rezoning of the two tracts of land which comprise approximately 0.62 acre is, as follows, was before Council: to place the property into a conforming zoning district classification that would permit JJ&T Partnership, owner of the parcel with Official Tax No. 4011103, to redevelop the property by building a new convenience store on the site and to continue the sale of gasoline via the use of the existing gasoline islands as a "grandfathered" use, with the former convenience store to either be removed or used for storage purposes only; and to place the leased parking facility on the parcel with Official Tax No. 4011102 into a conforming zoning district classification. It was further advised that if approved, the rezoning would minimally expand the use of the parcel, Official Tax No. 4011103 as a neighborhood convenience store with no expansion of gasoline sales; and according to the petitioner, the use of the parcel identified as Official Tax No. 4011102 would remain the same, a public parking facility. The Planning Commission recommended approval of the request for rezoning, and advised that the proposed rezoning would minimally expand the former use of Official Tax No. 4011103 and would place both non-conforming uses, the convenience store and the public parking lot, into a conforming zoning district. (For full text, see report on file in the City Clerk's Office.) Alton B. Prillaman, Attorney, appeared before Council in support of the request of his client. 105 ACTION: Dr. Butler moved that the following ordinance be placed upon its first reading' (#33012) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 401, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 58, page 548.) The motion was seconded by Mrs. Bowles. The Vice-Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 33012 was adopted, on its first reading, by the following vote: AYES: Council Members Butler, McCadden, Parrott, Wyatt, Bowles and Vice-Mayor White ....................................................... 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent.) ZONING-NORFOLK SOUTHERN CORPORATION-STREETS AND ALLEYS-INDUSTRIES-HABITAT FOR HUMANITY: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 17, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City Planning Commission that certain parcels of land in the southwest quadrant of the City, bounded generally by Jackson Avenue on the north, 12th Street on the west, Salem Avenue on the south, and 10th Street on the east, identified as Official Tax Nos. 1211402, 1211502 1211505, inclusive, and 1211508 1211512, inclusive, and property owned by Norfolk Southern Corporation, identified as Official Tax Nos. 1110806 - 1110809, inclusive, 1110817, and 1110101 1110131, inclusive, be rezoned from LM, Light Manufacturing District, to RM-1, Residential Multi-family, Low Density District; and Official Tax Nos. 1110801 - 1110804, inclusive, and 1110810, be rezoned from RM-2, Residential Multi-family, Medium Density District, to RM-1, Residential Multi-family, Low Density District, the matter was before the body. 106 Legal advertisement of the public hearing was published in The Roanoke Time~ on Friday, May 31, 1996, and Friday, June 7, 1996, and in the Roanoke Tribune on Thursday, May 6, 1996. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to promote general welfare and good zoning practice by : (1) making existing use of the subject property consistent with the proper zoning category; (2) encouraging additional residential development to locate in a distressed area; and (3) ensuring that the subject property will be used in the future in a manner that will not negatively impact adjoining residential properties, was before Council. ACTION: The Planning Commission recommended approval of the request for rezoning, and advised that the proposed rezoning will encourage revitalization of the subject area by making the existing nonconforming residential uses conforming, thus permitting their expansion and improvement and by facilitating additional infill residential development to occur in the neighborhood; and the land is not valuable for industrial purposes. (For full text, see report on file in the City Clerk's Office.) John R. Marlles, Agent, City Planning Commission, appeared before Council in support of the request. Dr. Butler moved that the following ordinance be placed upon its first reading: (#33013) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 111 and Sheet No. 121, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 58, page 550.) The motion was seconded by Mrs. Bowles. The Vice-Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. 107 Norma R. Smith, 11 - 14th Street, S. W., spoke in support of the rezoning, because jobs as well as housing are needed in the area. She stated that there is no reason why housing and businesses cannot exist in the same area, and spoke in favor of the Habitat for Humanity houses which are proposed for the 13th Street area. She called attention to the need for restroom facilities and a water fountain in Perry Park. King Harvey, Chairman of the Board of Deacons, Jerusalem Baptist Church, 1014 Norfolk Avenue, S. W., advised that a great deal of blight has been removed from the neighborhood in the last few months with the razing of the houses in the area requested to be rezoned. He stated that light manufacturing is needed, which will offer an opportunity to clean up the neighborhood while providing affordable housing. He asked that Habitat for Humanity be allowed to construct the houses so that citizens of Roanoke may enjoy housing that they are not ashamed of. Although light manufacturing is needed, he stated that there is no substitute for decent, affordable housing for the people of Roanoke. Robert E. Zimmerman, 1510 Langhorne Street, S. E., owner of a business on Salem Avenue and 10th Street, N. W., advised that the City is to blame for not cleaning up the area a long time ago. He stated that he offered to purchase property in the Tenth Street area at the assessed value; however, he was told that Habitat for Humanity was offering one and one-half times the assessed value of the property. He called attention to a large amount of vacant land in the City of Roanoke and noted that he counted 56 vacant lots in a 20 block radius of the Tenth Street area. He asked that rezoning of the property be held in abeyance until the City's long range plans for the area are finalized, and advised that if the rezoning is approved, the City will be sending a message to businesses that they are not wanted in the area. Gary L. Galbreath, Principal, Hurt Park Elementary School, advised, that he hoped the bond which has been formed between the school and the community will be ongoing so that the lives of families in the Hurt Park community will continue to be enriched. He spoke in support of the request for rezoning, because the homes proposed to be constructed will be of value to the community and a strong school aspect will be achieved through a strong community. Mr. Woodrow C. Hickman, Jr., 1010 Norfolk Avenue, S. W., spoke in support of the request for rezoning. 108 Ms. Rosa L. Hickman, 1010 Norfolk Avenue, S. W., spoke in support of the request for rezoning, and stressed the importance of coming together as a community and puffing families back into the neighborhoods. David A. Camper, President, Board of Directors, Habitat for Humanity, advised that approximately 20 - 25 houses will be constructed in the area, with a real property assessment well over $1 million in tax revenue, therefor, Habitat for Humanity will be adding something to the community. He explained that the persons who purchase Habitat for Humanity houses are hard working people who devote over 300 hours of "sweat" equity into each house and pay a mortgage to Habitat for Humanity, thus, the real advantage is an interest free mortgage, He stated that the Hurt Park neighborhood needs a "shot in the arm", and the rezoning will be good for the neighborhood, for Hurt Park Elementary School, and for those persons who need affordable housing. Ordinance No. 33013 was adopted, on its first reading, by the following vote: AYES: Council Members Butler, McCadden, Parrott, Wyatt, Bowles and Vice-Mayor White ...................................................... 6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent.) OTHER HEARINGS OF CITIZENS: None. There being no further business, the Vice-Mayor declared the meeting adjourned at 8:05 p.m. APPROVED ATTEST: Mary F. Parker City Clerk William White, Sr. Vice-Mayor DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011 - 1594 Telephone: (540) 981-2444 Fax: (540) 224-3145 September 3, 1996 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Sincerely, David A. Bowers Mayor DAB:sm September 3, 1996 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to request that City Council convene in Executive Session to discuss legal matters requiring the provision of legal advice by counsel, specifically being interpretation of loan documents and consideration of enforcement actions to collect a debt owed to the City, pursuant to S2.1-344(A)(7), Code of Virginia (1950), as amended. Respectfully submitted, W. Robert Herbert City Manager WRH:h cc' Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk H:\C~L-EXSES. I DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 2401 I - 1594 Telephone: (540) 981-2444 Fax: (540) 224-3145 August 30, 1996 Dr. Noel C. Taylor High Street Baptist Church 2302 Florida Avenue, N. W. Roanoke, Virginia 24017 Dear Dr. Taylor: Your resignation as a member of the Henry Street Revival Committee was accepted by the Committee at its meeting on Wednesday, July 23, 1996. On behalf of the Committee, I would like to thank you for your many contributions to the City of Roanoke and to the Henry Street area dudng your twelve-year tenure as Chairman. Please permit me to add a personal comment. I was a high school student at Patrick Henry when Mayor Benton Dillard led the ground breaking for our Civic Center in the late 1960's. I remember being so proud of our City! That development signified progress for Roanoke, and our entire region has enjoyed the benefits of the Symphony, the Miss Virginia Pageant, Broadway shows, rock concerts, tractor pulls, ice hockey, political conventions, boat shows, the circus, and other events on thousands of occasions ever since. Driving through Roanoke on 1-581 must give visitors an impressive view of our Ali-America City as they view the Coliseum and Auditorium, standing there on the edge of our vibrant downtown with St. Andrews Catholic Church on the hill, the renovated Hotel Roanoke, our gleaming high-rise buildings, and the Star on Mill Mountain. It is impressive! Little did I understand back in 1968 that what was viewed as progress by most of the community was viewed as destructive by much of the African American community of our c ty. That resentment continues to this day. H:'~COUNClL~OWERb*~HENRY.WPO Dr. Noel C. Taylor August 30, 1996 Page 2 In our renewed effort to make sure that every citizen is proud of our City, and that every neighborhood feels like it's a real part of Roanoke democracy, we must make a good faith effort to resolve that sense of resentment and loss. I hope we can succeed -- but I know we must try. I now believe the Henry Street process provides us with a unique opportunity to do something for Roanoke other than just rebuilding the buildings on Henry Street. We can't rebuild the Kimball and Gilmer neighborhoods which are lost. However, Henry Street represents an opportunity to rebuild TRUST between our African American community and City Hall. The City should try to heal the wounds of resentment and distrust -- wounds that may have been the last remnants of intolerable racial segregation in this Southern city. Through community participation, Henry Street can be, I believe, a means to accomplish this goal. Of course, it will take two sides to make this new partnership work. Therefore, I call on the African American community to join with the Henry Street Committee, the City and yes, even the Housing Authority, to participate in a good faith way to plan and chart the future of this historic neighborhood. Let this effort be a way to bring us together. My position has always been that the City has helped rehabilitate other blighted neighborhoods, schools and business districts such as Old Southwest, Downtown East and Jefferson Center. We should be involved in the rehabilitation of Henry Street and Gainsboro, also. But, we must go forward only at the behest and with the approval of a majority of the community. That is our task and our goal, and we can do it. My hope is to honor your dream, and our African American community by bringing alive, once again, this area as a thdving neighborhood. However, in doing so, let's set a greater goal than merely rebuilding bricks and mortar, the goal of rebuilding a positive working relationship with people of that neighborhood. That, too, is an Ail-America goal, and its implementation, I believe will help heal the past, solve today's problem, make the future brighter and assure that all Roanokers can share in the blessings and bounty of being an Ali-America City. H:~COUNCJL~3WER~HENRY.WpD Dr. Noel C. Taylor August 30, 1996 Page 3 I am enclosing a Certificate of Appreciation for your service as a member of the Henry Street Revival Committee, along with an aerialview photograph of the Roanoke Valley. Best regards. DAB:sm Sincerely, David A. Bowers Mayor Enc. DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011 - 1594 Telephone: (540) 981-2444 Fax: (540) 224-3145 August30,1996 Dr. John H. Cundiff 1955 Braeburn Drive Salem, Virginia 24153 Dear Dr. Cundiff: Your resignation as a member of the Henry Street Revival Committee was accepted by the Committee at its meeting on Friday, August 23, 1996. On behalf of the Committee, I would like to thank you for your many contributions to the City of Roanoke and to the Henry Street area during your twelve years of service. Please permit me to add a personal comment. I was a high school student at Patrick Henry when Mayor Benton Dillard led the ground breaking for our Ci,~ic Center in the late 1960's. I remember being so proud of our City! That development signified progress for Roanoke, and our entire region has enjoyed the benefits of the Symphony, the Miss Virginia Pageant, Broadway shows, rock concerts, tractor pulls, ice hockey, political conventions, boat shows, the circus, and other events on thousands of. occasions ever since. Driving through Roanoke on 1-581 must give visitors an impressive view of our Ali-America City as they view the Coliseum and Auditorium, standing there on the edge of our vibrant downtown with St. Andrews Catholic Church on the hill, the renovated Hotel Roanoke, our gleaming high-rise buildings, and the Star on Mill Mountain. It is impressive! Little did I understand back in 1968 that what was viewed as progress by most of the community was viewed as destructive by much of the African American community of our City. That resentment continues to this day. H :~:X:)U NClL~::NVERb'~-IENRY.W PD Dr. John H. Cundiff August30,1996 Page 2 In our renewed effort to make sure that every citizen is proud of our City, and that every neighborhood feels like it's a real part of Roanoke democracy, we must make a good faith effort to resolve that sense of resentment and loss. I hope we can succeed m but I know we must try. I now believe the Henry Street process provides us with a unique opportunity to do something for Roanoke other than just rebuilding the buildings on Henry Street. We can't rebuild the Kimball and Gilmer neighborhoods which are lost. However, Henry Street represents an opportunity to rebuild TRUST between our African American community and City Hall. The City should try to heal the wounds of resentment and distrust m wounds that may have been the last remnants of intolerable racial segregation in this Southern city. Through community participation, Henry Street can be, I believe, a means to accomplish this goal. Of course, it will take two sides to make this new partnership work. Therefore, I call on the African American community to join with the Henry Street Committee, the City and yes, even the Housing Authority, to participate in a good faith way to plan and chart the future of this historic neighborhood. Let this effort be a way to bring us together. My position has always been that the City has helped rehabilitate other blighted neighborhoods, schools and business districts such as Old Southwest, Downtown East and Jefferson Center. We should be involved in the rehabilitation of Henry Street and Gainsboro, also. But, we must go forward only at the behest and with the approval of a majority of the community. That is our task and our goal, and we can do it. My hope is to honor my predecessor, former Mayor Noel Taylor, and our African American community by bringing alive, once again, this area as a thriving neighborhood. However, in doing so, let's set a greater goal than merely rebuilding bricks and mortar, the goal of rebuilding a positive working relationship with people of that neighborhood. That, too, is an Ali-America goal, and its implementation, I believe will help heal the past, solve today's problem, make the future brighter and assure that all Roanokers can share in the blessings and bounty of being an Ali-America City. H:~7~OU NCJL~:)WERb'~H EN RY, WI:~D Dr. John H. Cundiff August 30, 1996 Page 3 I am enclosing a Certificate of Appreciation for your service as a member of the Henry Street Revival Committee, along with an aerialview photograph of the Roanoke Valley. Best regards. DAB:sm Sincerely, David A. Bowers Mayor Enc. H:~COUNCIL~:)WER~'~.IENRY.WI=D DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 2401 I-1594 Telephone: (540) 981-2444 Fax: (540) 224-3145 August 30, 1996 Ms. Linda W. Pharis 610 Mountain Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Pharis: Your resignation as a member of the Henry Street Revival Committee was accepted by the Committee at its meeting on Friday, August 23, 1996. On behalf of the Committee, I would like to thank you for your many contributions to the City of Roanoke and to the Henry Street area during your ten years of service. Please permit me to add a personal comment. I was a high school student at Patrick Henry when Mayor Benton Dillard led the ground breaking for our Civic Center in the late 1960's. I remember being so proud of our City! That development signified progress for Roanoke, and our entire region has enjoyed the benefits of the Symphony, the Miss Virginia Pageant, Broadway shows, rock concerts, tractor pulls, ice hockey, political conventions, boat shows, the circus, and other events on thousands of occasions ever since. Driving through Roanoke on 1-581 must give visitors an impressive view of our Ali-America City as they view the Coliseum and Auditorium, standing there on the edge of our vibrant downtown with St. Andrews Catholic Church on the hill, the renovated Hotel Roanoke, our gleaming high-rise buildings, and the Star on Mill Mountain. It is impressivel Little did I understand back in 1968 that what was viewed as progress by most of the community was viewed as destructive by much of the African American community of our City. That resentment continues to this day. H:~COUNClL~:RNERb~HENRY.WPO Ms. Linda W. Pharis August 30, 1996 Page 2 In our renewed effort to make sure that every citizen is proud of our City, and that every neighborhood feels like it's a real part of Roanoke democracy, we must make a good faith effort to resolve that sense of resentment and loss. I hope we can succeed m but I know we must try. I now believe the Henry Street process provides us with a unique opportunity to do something for Roanoke other than just rebuilding the buildings on Henry Street. We can't rebuild the Kimball and Gilmer neighborhoods which are lost. However, Henry street represents an opportunity to rebuild TRUST between our African American community and City Hall. The City should try to heal the wounds of resentment and distrust -- wounds that may have been the last remnants of intolerable racial segregation in this Southern city. Through community participation, Henry Street can be, I believe, a means to accomplish this goal. Of course, it will take two sides to make this new partnership work. Therefore, I call on the African American community to join with the Henry Street Committee, the City and yes, even the Housing Authority, to participate in a good faith way to plan and chart the future of this historic neighborhood. Let this effort be a way to bring us together. My position has always been that the City has helped rehabilitate other blighted neighborhoods, schools and business districts such as Old Southwest, Downtown East and Jefferson Center. We should be involved in the rehabilitation of Henry Street and Gainsboro, also. But, we must go forward only at the behest and with the approval of a majority of the community. That is our task and our goal, and we can do it. My hope is to honor my predecessor, former Mayor Noel Taylor, and our African American community by bdnging alive, once again, this area as a thriving neighborhood. However, in doing so, let's set a greater goal than merely rebuilding bricks and mortar, the goal of rebuilding a positive working relationship with people of that neighborhood. That, too, is an Ail-America goal, and its implementation, I believe will help heal the past, solve today's problem, make the future brighter and assure that all Roanokers can share in the blessings and bounty of being an Ali-America City. H:~COU NCl L~BO~/ERb~..IENRY.WI~O Ms. Linda W. Pharis August 30, 1996 Page 3 I am enclosing a Certificate of Appreciation for your service as a member of the Henry Street Revival Committee, along with an aerialview photograph of the Roanoke Valley. Best regards. Sincerely, David A. Bowers Mayor DAB:sm Enc. H :~-.OU NClL~(:NVEI~"~IENRY.WPO DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011 - 1594 Telephone: (540) 981-2444 Fax: (540) 224-3145 August 28, 1996 Members, Henry Street Revival Committee Roanoke, Virginia Dear Committee Members: Although we all lament the resignation of Dr. Taylor as Chairman and member of the Hemy Street Revival Committee, the important work of this Committee is near completion and must go forward. Therefore, it was gratifying to hear your ideas as to the mission and organization of the Committee at our meeting on Friday, August 23, 1996. For the benefit of those members who could not attend Friday's meeting and to confirm the Committee's decisions, I will set out our plan of action for the immediate furore. This plan is as follows: As you requested, I will serve as Interim Chair of the Committee, which Dr. Taylor organized under the Mayor's office. 2 The Committee will conduct the three public meetings (two remaining) that have been scheduled to obtain public comment on the draft Henry Street Land Use Plan. Upon completion of the public meetings, John Marlles will prepare a report for the Committee setting forth a suggested response of the Committee to the Plan in light of public comments, and you should receive this draft report by October 25, 1996. The Committee will meet at 3:00 p.m. on October 30, 1996, in the City Council Conference Room to consider the draf~ report. Please make plans to attend. Members, Henry Street Revival Committee August 28, 1996 Page 2 The Committee will submit its final report to City Council at its meeting of November 18, 1996, at 7:00 p.m. Your attendance at that meeting will be appreciated. Finally, please permit me to add a personal comment. I was a high school student at Patrick Henry when Mayor Dillard led the ground breaking for our Civic Center in the late 1960's. I remember being so proud of our City! That development signified progress for Roanoke, and our entire region sure has enjoyed the benefits of the symphony, the Miss Virginia pageant, Broadway shows, rock concerts, tractor pulls, ice hockey, political conventions, boat shows, the circus and other events on thousands of occasions ever since. Driving through Roanoke on 1-581 must give visitors an impressive view of our All-America city as they view the Coliseum and Auditorium, standing there on the edge of our vibrant downtown, with St. Andrews Church on the hill, the renovated Hotel Roanoke, our gleaming high-rise buildings, and the Star. It is impressive! Little did I understand back in 1968 that what was viewed as progress by most of the community was viewed as destructive by much of the African American community of our City. That resentment continues to this day. In our renewed effort to make sure that every citizen is proud of our city, and that every neighborhood feels like it's a real part of Roanoke democracy, we must make a good faith effort to resolve that sense of resentment and loss. I hope we can succeed - but I know we must try. I now believe the Henry Street process provides us with a unique opportunity to do something for Roanoke other than just rebuilding the buildings on Henry Street. We can't rebuild the Kimball and Gilmer neighborhoods which are lost. However, Henry Street represents an opportunity to rebuild TRUST between our African American community and City Hall. The City should try to heal the wounds of resentment and distrust - wounds that may have been the last remnants of intolerable racial segregation in this Southern city. Henry Street Revival Committee August 28, 1996 Page 3 Through community participation, Henry Street can be, I believe, a means to accomplish this goal. Of course, it will take two sides to make this new partnership work. Therefore, I call on the African American community to join with the Henry Street Committee, the City and yes, even the Housing Authority, to participate in a good faith way to plan and chart the future of this historic neighborhood. Let this effort be a way to bring us together. My position has always been that the City has helped rehabilitate other blighted neighborhoods, schools and business districts such as Old Southwest, Downtown East and Jefferson Center. We should be involved in the rehabilitation of Henry Street and Gainsboro, also. But we must go forward only at the behest and with the approval of a majority of the community. That is our task and our goal, and we can do it. My hope is to honor my predecessor, former Mayor Noel Taylor, and our African American community by bringing alive, once again, this area as a thriving neighborhood. However, in doing so, let's set a greater goal than merely rebuilding bricks and mortar, the goal of rebuilding a positive working relationship with people of that neighborhood. That, too, is an M-America goal, and its implementation, I believe will help heal the past, solve today's problem, make the future brighter and assure that all Roanokers can share in the blessings and bounty of being an All-America City. I am requesting that a copy of this letter be placed on the consent agenda for the next meeting of Council and thereafter be received and filed with the fmal report of the Committee due on November 18, 1996. Very truly yours, Mayor DAB:mcf cc: The Honorable Vice-Mayor and Members of City Council W. Robert Herbert, City Manager Henry Street Revival Committee August 28, 1996 Page 4 William F. Clark, Director of Public Works Wilburn C. Dibling, Jr., City Attorney John R. Marlles, Chief, Planning and Community Development Dr. Noel C. Taylor MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 21:5 Church Avenue, S.W., Room 4:56 Roanoke, Virginia 24011-1S36 Telephone: (540) 981-2541 lax: (540) 224-314:5 SANDRA H. EAKIN Deputy City Clerk September 10, 1996 File #15-110-429 F. Wiley Hubbell, Chairperson City of Roanoke Pension Plan, Board of Trustees 3712 Peakwood Drive, S. W. Roanoke, Virginia 24014 Dear Mr. Hubbell: This is to advise you that on August 16, 1996, Martha P. Franklin qualified as a Trustee of the City of Roanoke Pension Plan, Board of Trustees, for a term ending June 30, 2000. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: James D. Grisso, Secretary, City of Roanoke Pension Plan, Board of Trustees Doris B. Peters, Retirement Administrator Sandra H. Eakin, Deputy City Clerk H:~.GENDA~ff'EMBE.~, OATH AND AFFIRMATION OF OFFICE Commonwealth of Virginia, City of Roanoke, to-wit: I, Martha P. Franklin, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Trustee of the City of Roanoke Pension Plan, Board of Trustees, for a term ending June 30, 2000, according to the best of my ability. So help me God. Subscribed and sworn to before me this//~7-'*'day of ,/~'~,v.</"- 1996. ARTHUR B. CRUSH, III, C,,LERK , DEPUTY CLERK H:~AGENDA~AUGU~I'.$ MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk September 10, 1996 File #15-110-178 Willis M. Anderson, Chairperson City of Roanoke Redevelopment and Housing Authority Board of Commissioners 2601 Cornwallis Avenue, S. E. Roanoke, Virginia 24014 Dear Mr. Anderson: This is to advise you that on August 29, 1996, Joseph F. Lynn qualified as a Commissioner of the City of Roanoke Redevelopment and Housing Authority to fill the unexpired term of James O. Trout, resigned, ending August 31, 1999. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm pc: Neva J. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 H. Wesley White, Secretary, City of Roanoke Redevelopment and Housing Authority Board of Commissioners, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Sandra H. Eakin, Deputy City Clerk H:~,GENDA~;PI'EMBF- 3 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Joseph F. Lynn do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Commissioner of the City of Roanoke Redevelopment and Housing Authority to fill the unexpired term of James O. Trout, resigned, ending August 31, 1999, according to the best of my ability. So help me God. ARTHUR B. CRUSH, III, CLERK H:~COUNCIL~,UGUST. 19 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk September 10, 1996 File #15-110-304 Thomas H. Miller, Chairperson Youth Services Citizen Board 3429 Windsor Road, S. W. Roanoke, Virginia 24018 Dear Mr. Miller: This is to advise you that on August 22, 1996, J. Stephen Shepard qualified as a member of the Youth Services Citizen Board for a term ending May 31, 1999. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:sm pc: Marion Vaughn-Howard, Youth Coordinator Margaret T. Munton, Secretary, Youth Services Citizen Board Sandra H. Eakin, Deputy City Clerk H :~AG F_.NOA~EI=I'EMBE. $ Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, J. Stephen Shepard, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Youth Services Citizen Board for a term ending May 31, 1999, according to the best of my ability. So help me God. Subscribed and sworn to before me thi,~,-C'/day of ,DEPUTY CLERK H:~CORRES'~5-20-96 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk September 10, 1996 File #15-110-230 Brook E. Dickson, Chairperson Roanoke Arts Commission 380 Highland Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Dickson: This is to advise you that on August 23, 1996, Mary S. Neal qualified as a member of the Roanoke Arts Commission for a term ending June 30, 1999. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm pc; Stephanie M. Moon, Secretary, Roanoke Arts Commission Sandra H. Eakin, Deputy City Clerk H:~,~,G ENOA~PT'EM BE.3 OATH AND AFFIRMATION OF OFFICE Commonwealth of Virginia, City of Roanoke, to-wit: I, Mary S. Neal, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission for a term ending June 30, 1999, according to the best of my ability. So help me God. Subscribed and sworn to before me this,~...~ day of~~"1996. ARTHUR B. CRUSH, III, CLERK BY , DEPUTY CLERK H:~A(3ENDA~AUGUST.5 Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk ~lndm H. Eakin Deputy C~y Ck~rk September 10, 1996 File f~)6-200-323 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Tuesday, September 3, 1996, Ms. Helen E. Davis, 35 Patton Avenue, N. E., and The Reverend Chades T. Green, 1731 Hanover Avenue, N. W., requested that the Gainsboro Branch Librar~ remain open and functioning as a library within the community. The remarks of Ms. Davis and Reverend Green were received and filed and referred to you for appropriate response. You were requested to use all available resources of your office to bdef citizens and Council on the status of the Gainsboro Branch Library and all other branch libmdes in the City. Sincerely, Mary F. ~arker, CMClA~E City Cle~ MFP:sm pc: Ms. Helen E. Davis, 35 Patton Avenue, N. E., Roanoke, Virginia 24016 The Reverend Charles T. Green, 1731 Hanover Avenue, N. W., Roanoke, Virginia 24017 H:~AGENDA~SEPTEMBE~3 Mary F. Parker, CMC/AAE C~y Ck, rk CITY OF ROANOKE Office of the City Clerk ~ndm H. F.~kin Deputy cay Ck, rk September 10, 1996 File #20-66-77-165-200-216-227-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Tuesday, September 3, 1996, Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., addressed newspaper articles regarding a proposed read widening in Old Southwest; viz: one article stated that the read would be widened and a second followup article stated that the City had deferred to the neighborhood to abandon plans to widen several blocks of Franklin Road due to objections by residents. She pointed out that residents objected to the widening of Wells Avenue; however, they were told that rules required a public headng which was attended by persons from throughout the Roanoke community, and based upon the public headng, Wells Avenue was widened. She stated that if Old ,Southwest roads are not to be widened due to objections raised by residents, were the rules changed for histodc Gainsboro or were they changed for Old Southwest. In the future, she requested that there be consistency in the application of rules regardless of reca, financial standing, or location. Ms. Bethel provided you with copy of a newspaper article and pointed out that the section of Franklin Road wi.dening referred to in the article is not the same section of Franklin Road which you addressed in your remarks to Council. Ms. Bethel's remarks were received and filed and referred to you for appropriate response. Sincerely, City Clerk MFP:sm pc: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., Roanoke, Virginia 24016 H:~AGENDA~SEPTEMBE.$ MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 lax: (540) 224-3145 September 10, 1996 File #72-132-178-200-405-486 SANDRA H. EAKIN Deputy City Clerk Neva J. Smith Executive Director Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017-5334 Dear Ms. Smith: I am enclosing copy of Resolution No. 33099-090396 endorsing Lincoln 2000, a concept study focusing on Lincoln Terrace and adjacent neighborhoods. Resolution No. 33099-090396 was adopted by the Coundl of the City of Roanoke at a regular meeting held on Tuesday, September 3, 1996. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:sm Enc. pc: David E. Baldwin, Director of Housing, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. w., Roanoke, Virginia 24017-5334 W. Robert Herbert, City Manager James D. Gdsso, Director of Finance Barry L. Key, Manager, Office of Management and Budget William F. Clark, Director, Public Works Ronald H. Miller, Building Commissioner H. Daniel Pollock, Housing Development Coordinator H:~AQENDA~EP~3 IN THECOUNCILOFTHECITY OF ROANOKE, VIRGINIA The 3rd day of September, 1996. No. 33099-090396. A RESOLUTION endorsing Lincoln 2000, a concept study focusing on Lincoln Terrace and adjacent neighborhoods. WHEREAS, the City of Roanoke Redevelopment and Housing Authority has commissioned Lincoln 2000, a concept study focusing on Lincoln Terrace and adjacent neighborhoods; WHEREAS, Lincoln 2000 represents a whole new direction for public housing in the Roanoke Valley, seeking to transfo~ th~ejmago of p~blic housing from that of a "project" to a neighborhood which introduces a broader range of housing choices into existing developments and which creates a safe neighborhood while improving the livability of apartments; WHRREAS, the Lincoln 2000 planning process is designed to create consensus among key decision-makers about the development of Lincoln Terrace, and the results of this study depend on an open partnership with the residents' management council, the City, civic and church leaders, the local development community and the surrounding neighborhoods; WHERE~S, the result of this combined effort is a new community revitalization plan for Lincoln Terrace called Lincoln 2000; WHEREAS, the Lincoln Terrace residents' council has endorsed the new design concept and the Board of Commissioners of the Authority has approved it; and WHEREAS, this Council is desirous of endorsing the Lincoln 2000 concept study; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: Terrace. 2. City Council endorses the Lincoln 2000 concept study for revitalization of Lincoln The City Clerk is directed to forward an attested copy of this resolution to Ms. Neva Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority. ATTEST: City Clerk. DAVID A. BOWERS Mayor CITY OF ROANOKE CITY COUNCIL 21~ Church Averred, $.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 August 27, 1996 Council Members: C. Nelson Ha~s John H. Pnrrott Carroll E. Swain Jal~e.~ O. Trout William White, Sr. Linda F. Wyatt The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Mr. Mayor and Members of City Council: As you know, I was terribly disappointed that I could not continue to serve as a member of the Board of Commissioners of the Roanoke Redevelopment and Housing Authority after my election to City Council; however, I am very thankful to members of City Council for appointing me as Council Liaison to the Authority. During my tenure with the Authority, the Board worked on several exciting projects. As City Council Liaison, I would like to appdse you of one which I think has great potential for improving the quality of life in a quadrant of our city - The Uncoln 2000 Community Revitalization Project. For your review and consideration, I am providing you with two enclosures which more fully explain the new concept for public housing in Roanoke. Exhibit "A" outlines the planning process undertaken and a proposed plan of action to transform Lincoln Terrace Public Housing from a typical, stereotyped "public housing project' into an attractive, vibrant neighborhood that will become the cornerstone for development in the Washington Park area. The design process was one of great involvement and participation. Lincoln Terrace residents ware a .ctively engaged with the consulting team throughout the planning process. A steering committee consisting of representatives from the City staff, neighborhood groups, churches, the local schools, service organizations, the business community and other interested parties provided a broader community perspective. (Note that a list of steering committee members is on the back of Exhibit "B".) Exhibit "B" is a newslelter which describes where the project is now. A contract for architectural and engineering services has been awarded, and they are currently preparing architectural drawings and developing cost estimates to aid in securing financing for the project. Early estimates indicate that the construction alone will cost $15 -$16 million. Authority staff are involved in preparing funding applications and securing other approvals needed to move the project forward. One of the primary potential sources of funding is HUD's HOPE VI Program which is designed specifically for such a public housing revitalization project. The competition for HOPE VI funds is very stiff, just like the competition for All American City status; but, the Authority hopes to be as successful as the City has been in convincing grant reviewers of the merits of this unique proposal. The Honorable Mayor and Members of Roanoke City Council Page 2 August 27, 1996 The transformation of Lincoln Terrace into an award winning community will be explained in more detail at the September 3rd Council meeting. Arrangements have been made to have the Project Planner from Urban Design Associates (UDA) out of Pittsburgh here in Roanoke to make the presentation. Council Members may recognize Mr. Rob Robinson of UDA, since he is also the principal Planner leading the design team on the Outlook Downtown Project. We are very fortunate to have this strong linkage between two exciting projects in the central city area. I am very pleased to sponsor this presentation and hope that you find the Lincoln 2000 Project as exciting and innovative as I do. Thank You. Sincerely, James O. Trout City Council Liaison JOT:ec Enclosure Partners in Progress EXHIBIT B ~'~'~' L INCOL N 2 0 0 0 NE WS "Building a New Community". Volume 1, Number 1 July 1996 We introduce to you .... ....... Lincoln 2000 News, a quarterly publication designed to keep the residents of Lincoln Terrace and other interested panics updated on what is happening in the Lincoln 2000 revitalization process. Lincoln 2000 represents a whole new direction for public housing in the Roanoke Valley. A direction which endeavors to transform the image of public housing from that of a ."project" to a neighborhood, which introduces a broader range of housing choices into existing developments, and which creates a safe neighborhoOd while imProving the livability of apartments. A direction which works aggressively to move families toward self-sufficiency and away from long-term public support. We invite your questions and comments about Lincoln 2000 or about this publication Please refer to the box at the end of the news for our address and telephone numbers. What is Lincoln 2000? Over the past several months-the residents of Lincoln Terrace and the staff of the Housing Authority have been working with a consultant group, MarshWitt Associates with Urban Design Associates (UDA), to develop a new community plan for the Lincoln Terrace neighborhood. The consultants also received input from a "steering committee" cotk~ifftin__g of representatives from neighborhood organizations, churches, local government, service organizations and the business community. Together we have discussed what kinds of things might make the Lincoln Terrace neighborhood a better place to live - thin~.n like additional open space, better defined yards, front porches to sit on and a greater variety of housing' options. Residents have pointed out improvements which need to be made to apartments and ways to make the community safer. The steering committee has provided valuable input on subjects such as: future plans for the' neighboring Lincoln Terrace Saturn Magnate School, how the neighborhood park may be better utilized, and safety and security issues. During these discussions the consultant has prepared numerous drawings and models, trying to put on paper what residents and other stakeholders were expressing. The result of this combined effort is a new conununity revitalization plan for Lincoln Terrace, called Lincoln 20001 The Lincoln Terrace Resident Council has endorsed the new design concept and the Board of Commissioners of the Authority has approved it. The staff at the Authority is very excited to now begin the process of "building a new community" in partnership with the residents of Lincoln Terrace. What's Happening with Lincoln 2000. Now? Right now is-a time when most of what's happening with LinCOln 2000 is in the background. A great deal of planning, needs to be accomplished before the first. shovel Canbe turned or the'first hammer blow struck~ It may seem like. nothing is happening to those who are not involved in the project on a daily basis. That's why we want to make sure that you are updated periodically on activities. There are three main areas of' emphasis currently: developing plans and specifications to describe construction work, getting approval for demolition 'of some buildings and developing sOurces of money to pay for the project. 'A&E Contract AWarded The Authority awarded' a contract for architectural, and engineering services for Phase 1 of' the · Lincoln 2000 Community Kevitslization Project. This contract- was ~ awarded to MarshWitt Associates ' of Roanoke. MarshWitt was the prime'consultant in the recent development of the new design concept .for Lincoln Terrace which bas become known as Lincoln 2000. They will now be-developing plans and specifications for construction activities. This Ag~ work is expected to take approximately six mOnths to complete. several ways.: Most residential neighborhoods hi.re dwellings which front on a street, you look out your front window and you see the street that you live on. A number of new streets are being built in Lincoln Terrace to' give more buildings a "street address." Most residential neighborhoods also have a vail'elY of housing styles in them, different types and sizes, of houses. Single family houses: and duplexes are scheduled to be built in Lincoln to provide a greater diversity ofhouing in the new Lincoln neighborhood. Construction of these new streets and houses requires that a mmaber of existing buildings be demolished. We must get approval from HUD to demolish public housing units.- This approval process will take 4 - 6 months. How, will-.we Pay, for-ali these Imorovements? That is the. million dollar questiOn; in fact, several millions .of dollars! Early estimates indicate that the ~tire make. over of Lincoln Terrace. could.coSt over $15 million. The first phase of the project is'~fimated to be between $6-7 million Some money has been set aside in our C°mprehensive''Cn'ant'm°demizati°n program;'.app~oximatelY $'3. million is available' now, additiOnalfunds may. become availablo over the next .four years,, assuming HUD continues to fund the modernization activities. Obviously we ne.~l to ide~ify significant funding resources to make Lincoln 2000 bemme a.reality. This is one of tho Authority staffs majOr areas of emphasis fight.now. A: number of sources are being sought: use of low-income housing tax credits, applying for a HOPE VI grant from HUD, loans and. or grants .from the Federal Home Loan Bank, loml banks and the Enterprise Foundation. Approval for Demolition Needed One of the basic guidelines during the planning process for Lincoln 2000 has been .the desire to make Lincoln Terrace more like other residential' neighborhoods in the Roanoke Community. This is being accomplished in the Lincoln. 2000 project in Why Chanqe? The federal government has been steadily decreasing fhnding for assisted housing programs during the past three years, and it appears this trend may continue. They are shifting, more of the responsibility for providing affordable housing to the localities, indicating that public housing must be prepared to compete with other local housing providers for the limited housing subsidy dollars. At the same time welfare programs are radically changing. Families who receive welfare must work for their benefits; and benefits will end after two years. Clearly low-income families must be prepared to move themselves toward becoming self-sufficient. Having affordable housing is one of the key "stepping stones" in this process of becoming independent. If public housing is to continue to exist as an. affordable housing.opportunity in our community, it must become housing of choice, not housing of last resort. Pu.b. lie housing "projects" must become neighborhoods where families choose to live, not places they end up when all their other options are exhausted. F~ci~ting btdlding u~itl~ one ~tory udngs. Prop,~scd renovation tt~ith nettt porct~¢s. Lincoln 2000 News was distributed to all the residents of Lincoln Terrace as well as the following Steering Committee members: Mr. George Snead, Director of Public Safety City of Roanoke Lieutenant Doug Allen Roanoke City Police - COPE Unit Sergeant Peter Sullivan Roanoke City Police - COPE Unit Mr. Bill Skeen, Vice President Valley Bank Mr. Jim Burks, Commissione~ Roanoke Redevelopment & Housing Authority Mr. phil Sparks, Director of Economic Development City of Roanoke Mr. Doug Chittum, Eoonomic Development Specialist City of Roanoke Mrs. Mary I-Iaekley, Director of Elementary Education Roanoke City Schools Ms. Jeanette Manns Washington Park Alliance for Residents Mr. William Sinlder Lincoln Terrace Saturn Network Reverend and Mrs. Scott Washington Park Alliance for Residents City of Roanoke Redevelopment & Housing Authority 2624 Salem Turnpike, N.W. P. O. Box 6359 Roanoke, Va. 24017 Rev. Kenneth Wright First Baptist Church Mr. Glenn D. Radcliffe, Director of Human Development City of Roanoke Mr. Stan Hale Southwest Virginia Commumty Development Fund Mrs. Eva Hugi~ Northw~'t Neighborhood Environmental Org. Ms. Florine Thomhill Northwest Neighborhood Environmental Organization Lionberger Construction Mr. Francis Je~i~s Gainaboro Neighborhood Alliance Ms. Evelyn B~el Hi~ric Gain~boro Preservation District, Inc. R~ Johnny Stone Hill Street Baptist Church Apple Ridg~ Farm Mrs. Alice C. Johnson, Manager Roanoke Redevelopment & Housing Authority Mrs. Carolyn Johnson, Commissioner Roanoke Redev~'lopment & Housing Authority Ms. Jackie Gunn, President Lincoln Taxace Re~i&nt Council MS. Anita L. L~, Resident Devevelopment Director Roanoke Redevdopment & Housing Authority Mr. David E. Baldwin, Director of Housing Roanoke Redevelopment & Housing Authority I~OKE ~ REDEVELOPMENT AND HOUSING AUTHORI Partners in Progress August 16, 1996 Ms. Mary F. Parker City Clerk 215 Church Avenue, SW, Room 456 Roanoke, Virginia 24011-1536 Dear Ms. Parker: The Roanoke Redevelopment and Housing Authority would like to request a place on the agenda of the City Council Meeting scheduled for September 3, 1996, at 2:00 p.m. The Authority would like to make a presentation to Council regarding the Lincoln 2000 Community Revitalization Project. This presentation will take approximately 30 minutes. It will be a multimedia presentation involving a short slide presentation, the display of architectural renderings and site plans, as well as oral commentary. The Lincoln 2000 Community Revitalization Project is an ambitious redevelopment of the Lincoln Terrace Public Housing development. Lincoln 2000 will involve significant physical alteration of the apartment complex, including demolition of a number of buildings and construction of single family and duplex replacement units. It will also involve the creation of a Family Self-Sufficiency Program on the site modeled after HUD's "Campus of Learners" concept. With the introduction of a variety of housing types and the addition of other exterior architectural features, we hope to recreate the development on a scale more similar to other Roanoke residential neighborhoods. The Campus of Learners will provide education and training opportunities on-site with the goal of helping families improve their economic status by gaining employment and working their way off from public assistance. We are very excited about the new direction we are taking our assisted housing programs. Lincoln 2000 promises not only to improve the lives of Roanoke's low/moderate income citizens, but also to build a new neighborhood which will be an asset to the broader Roanoke community. Please let us know if you have any questions or if you need any additional information prior to the September 3rd Council meeting. I can be reached at 983-9263. Thank you. Sincerely, David E. Baldwin Director of Housing P.O. Box 6359 · Roanoke, Virginia 24017-0359 2624 Salem Turnpike, N. 14': · Roanoke, Virginia 24017-5334 Telephone (540) 983-9281 ° TDD (540) 983-9217 · Fax (540) 983-9229 08/27/96 T1_~ [4:45 FAX 540 983 9229 RKE REDEV HOUSING ~002 DANOKE ~ EDEVELOPMENT ~D HOUSING Lrn-[ORITY trtners in Progress Au§ust 16,1996 Ms. Mary F. Parker City Clerk 215 Church Avenue, SW, Room 456 Roanoke, Virginia 2401 I-i 536 Dear Ms. Parker: The Roanoke Redevelopment and Housing Authority would like to request a place on the agenda of thc City Council Meeting scheduled for Septembcr 3, 1996, at 2:00 p.m. The Audnorio/ would like to make a presentation to Council regarding the Lincoln 2000 Commu,~ity Revitalization Project. This presentation will take approximately 30 minotes. It will be a multimedia presentation involving a short slide presentation, the display of architectural renderings and site plans, az weU az oral commentary. The Lincoln 2000 Community Revitalization Project is an ambitious r~evetopment of the Liocoln Ten'ace Public Housing development. Lincoln 20## will involve significant physical alteration of the apartment complex, including demolition of a number of buildings and construction of single f~mily and duplex replacement units. It will also involve the crmtion of a F~miiy Self-Sufficiency Program on the site modeled after HUD's "Campus of Lcamcrs" concept. With the introduction of a variety of housing types and the addi6on of other exterior architectural features, we hope to recreate the development on ascate more similar to other Roanoke residential neighborhoods. The Campus of Learncr~ w~ll provide education uaining opportunities on-site with the goal of helping families improve their economic status by gaining employment ;md working their way off from public assistance. We are very excited about the new direction we are taking our assisted housing programs. Lincoln 2000 promises not only to improve the lives of Roanoke's iow/mod~rate income citizens, but also to build a new neighborhood which will be an asset to the broader Roanoke community. Please let us know if you have any questions or if you need any additional information prior to the September 3rd Council mc'cling. I can be reached at 953-9263. Thank you. Sincerely, David E. Baldwin Director o1' Housing f:~JG-27-1996 14:56 540 983 9229 93X P.02 CITY OF ROANOKE INTERDEPARTMENT COMMUNICATION DATE: August 19, 1996 TO: Mary F. Parker, City Clerk FROM: Donald S. Caldwell, Commonwealth' s Attorney SUBJECT: Request for inclusion in Council Meeting scheduled for September 3, 1996 Please schedule approximately 5 minutes of time during the September 3, 1996 Council Meeting. At that time, I would like to bring Council up to date on the activity and continued success of the Cost Collection Unit. If you have any questions or scheduling problems with this request, please contact me or Rita Mason in this office. Otherwise, I will look forward to seeing you on September 3rd. Thank you. ROANOKE CITY COMMONWEALTH ATTORNEY'S COST COLLECTION UNIT HISTORY The Office of the Commonwealth's Attorney is responsible by Code for the collection of delinquent criminal and traffic fines and costs. Pre 1993 - No funding allocated for this function. 1993 - The Office of the Commonwealth's Attorney, in cooperation with locality, authorized to form and fund a Cost Collection Unit. .... 1994 - Roanoke City and the Office of the Commonwealth's Attorney enter into a contract to fund State and Local Cost Collections. Locality accepts the risk of a Cost Collections Unit budget money to shortfall in order to access State fund a joint State and Local collection process. OVERVIEW OF GENERAL DISTRICT COURT REVENUE STREAM FISCAL YEAR % OF TIMELY DELINQUENT DELINQUENT DELINQUENT PAYMENTS REFERRED COLLECTIONS REFERRED TOTAL REVENUE 1993-94 1994-95 1,699,920.63 534,118.07 127,977.29 23.96% 1,827,897.92 2,073,169.06 799,487.54 217,228.50 27.17% 2,290,397.56 1995-96 2,430,006.20 684,618.94 284,443.23 41.55% 2,714,449.43 THREE-YEAR COMPARISON OF DELINQUENT COLLECTIONS in ROANOKE CITY GENERAL DISTRICT COURT Total Delinquent Collections State % of Total Delinquent Collections Local % of Total Delinquent Collections FISCAL YEAR 1993-94 127,977.29 FISCAL YEAR 1994-95 212,692.89 FISCAL YEAR 1995-96 284,062.83 101,816.34 161,280.52 226,033.12 79.56% 75.83% 79.57% 26,160.95 51,412.37 58,029.71 20.44% 24.17% 20.43% COLLECTION FEE 35% from State 35% from City 35% to Cost Collections from Total Delinquent Collections BREAKDOWN 0.00 53,256.99 79,130.27 0.00 17,149.33 20.315.19 0.00 70,406.32 99,445.46 BUDGET EXPENDITURES EXCESS REVENUE SPLIT 50150 WITH STATE 0.00 51,29'1.86 55:760.87 0.00 19,1 '14.46 43,684.59 0.00 9,557.23 21,842.30 YEAR-END TOTAL COLLECTIONS MINUS 35% COLLECTION FEE PLUS SPLIT TOTAL REVENUE TO LOCALITY RESULTS FOR ROANOKE CITY 26, '160.95 5'1,4'12.37 58,029.7'1 0.00 17.149.33 20.315.19 26,'160.95 34,263.04 ~ 37,714.52 0.00 ~ ! 2'1,842.30 26,160.95 43,820.27 59,556.82 (3) SUMMARY OF COST COLLECTION EFFORT FOR FISCAL YEAR 1995 - 1996 IN GENERAL DISTRICT AND CIRCUIT COURTS Total Delinquent Collections State % of Total Delinquent Collections Local % of Total Delinquent Collections Local 410 Circuit Court Revenue on which no Collection Fee is recevied GENERAL TOTALS DISTRICT CIRCUIT FOR BOTH 284,062.83 30,183.45 314,246.28 226,033.12 24,938.23 250,971.35 79.57% 82.62% 79.86% 58,029.71 4,009.39 62,039.10 20.43% 13.28% 19.74% N/A 1235.83 1,235.83 4.09% 0.39% COLLECTION 35% from State 35% from City 35% to Cost Collections from Total Delinquent Collections BUDGET EXPENDITURES EXCESS REVENUE SPLIT 50150 WITH STATE FEE BREAKDOWN 79,130.27 8,446.77 87,577.04 20.315.19 1.684.76 21,999,95 99,445.46 10,131.53 109,576.99 55,760.87 5,683,61 61,444.48 43,684.59 4,447.92 48,132.51 21,842.30 2,223.96 24,066.26 YEAR-END TOTAL LOCAL iCOLLECTIONS MINUS 35% COLLECTION FEE PLUS SPLIT TOTAL REVENUE TO LOCALITY RESULTS FOR ROANOKE CITY 58,029.71 4,009.39 62,039.10 20.315.19 1.684.76 ' 21.999.95 37,714.52 2,324.63 ~ 40,039.15 21,841.08 2.225.18 ~ 59,555.60 4,549.81 ~ (4) SUMMARY OF BENEFITS TO THE LOCALITY In its first year (1994-95) of realized a 67.51% in local revenue the contract, Roanoke City from delinquent collections over 1993-94 (no collection program). 1994-95 Delinquent Collections 35% Collection fee Plus Split of Excess Revenue Total 1994-95 Revenue to Locality 1993-94 Delinquent Collections with no collection program Amount of increase from 1993-94 to 1994-95 Percentage of increase $51,412.37 (17,149.33) 34,263.04 9,557.23 $43,820.27 (26,160.95) $17,659.32 67.51% In the second year (1995-96) of operation, Roanoke City realized a 35.92% in local revenue from delinquent collections (General District Court only) over the previous contract year, 1994-95. 1995-96 Delinquent Collections 35% Collection fee Plus Split of Excess Revenue Total 1995-96 Revenue to Locality Total 1994-95 Revenue to Locality (lst Contract year) Amount of increase from 1994-95 to 1995-96 Percentage of increase $58,029.71 (20,315.19) 37,714.52 21,842.30 $59,556.82 (43,820.27) $15,736.55 35.92%* *(From 1993-94 to 1995-96, the Total Revenue to the Locality increased by 127.66%. ~ In only its second year of operation, the Cost Collection Unit has generated Revenue for the City in excess of Local Costs and Fines actually collected. (5) MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk May 28, 1996 File #51 Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: 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 from CSW Associates requesting that a tract of land located on the northerly side of Lee Highway and the westerly side of Aerial Way Drive, S. W., containing 16.30 acres, more or less, identified as a portion of Official Tax No. 5200122, be rezoned from LM, Light Manufacturing District, to RM-2, Residential Multi-family, Medium Density District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Carolyn H. Coles, Chairperson City Planning Commission May 28, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council The Honorable C. Nelson Harris, Council Member-Elect, 2813 Edgewood Street, S. W., Roanoke, Virginia 24015 The Honorable Carroll E. Swain, Council Member-Elect, 3434 Kershaw Road, N. W., Roanoke, Virginia 24017 The Honorable James O. Trout, Council Member-Elect, 2102 Stephenson Avenue, S. W., Roanoke, Virginia 24014 William H. Lester, CSW Associates, 3807 Brandon Avenue, S. W., Suite 245, Roanoke, Virginia 24018-1478 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney H:~R EZONING~Cb~,N,WI=~ AMMENDED PETITION TO REZONF IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying on the northerly side of Lee Highway and the westerly side of Aerial Way Ddve, SW, known as a portion of official tax map number 5200122, according to the tax maps of the City of Roanoke, from Zoning Distdct LM, Light Manufacturing District to Zoning District RM-2, Residential Multifamily, Medium Density District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, CSW Associates, owns land in the City of Roanoke containing 16.30 acres, more or less, located on the northerly side of Lee Highway and the westerly side of Aerial Way Drive, SW, known as a portion of official tax map number 5200122. 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 Petitioner requests that the said property be rezoned from LM, Light Manufacturing District, to RM-2, Residential Muitifamily, Medium Density District, subject to certain conditions set forth below, for the purpose of constructing townhomes and apartments. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will protect the residential character and environment of an existing multifamily residential district by providing a buffer between the existing residential and light manufacturing districts,while allowing for the expansion of existing industrial areas into the remaining light manufacturing district. The rezoning will encourage development outside the flood plain and provide a vegetative buffer to protect Cravens Creek. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the C:\WP DOCS',95PROJ~95041 -I~REZONE.PLM rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. That the property will be developed in substantial conformity with the site plan prepared by Balzer and Associates, Inc., dated May 9, 1996, and revised May 23, 1996, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required during site plan review. The three-story building shall contain no more than 60 units. The footprint of the building may change to accommodate minor changes in unit size and arrangement, but it will retain it's basic shape of two wings with a central lobby and elevator access core. 2. That if no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to LM, Light Manufacturing District, without further action by City Council. 3. That the existing vegetation along the easterN side of Cravens Creek will remain undisturbed in the floodway, and will be supplementaed with a mixture of deciduous and evergreen trees as a visual buffer. The existing vegetation along the Norfolk Southern right of way will be retained to the extent possible and supplemented with evergreen trees as a noise barrier. 4. That the new portion of Stratford Park Drive will be constructed with curb and gutter to a minimum width of thirty feet, face of curb to face of curb, and that parking lots and road will be paved with a minimum thickness of six inches of aggregate base course and two inches of asphalt surface course. Sidewalk will be placed on one side of the road. 5. That the extenstion of Stratford Park Drive will be constructed so that the roadway is above the 100 year base flood elevation. Attached as Exhibit C 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. C:\WP DOCS~5PRO J~95041 - I~FiEZONE.PLM WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 23rd day of May, 1996. CSW Associates 3807 Brandon Avenue Suite 245 . Wi~am~FI. Lester By: /~lf/~submitt ed, Balzer and Associates, Inc. Planners · Architects · Engineers · Surveyors 1208 Corporate Circle, Roanoke VA 24018 (540) 772-9580 C:\WPDOCS~5PRO J~95041. I~=iEZONE. PLM ,,:.Il ,"/ -°° ? / C.S.W ASSOCIATES EXHIBIT "A" JOB kk~ 9584~-f CSW Assodates Adjoining Property Owners Exhibit "C' City of Salem 280-1-1 281-1-2 NAD Properties & Paul A. Powell Trust PO Box 1013 Salem VA 24153 Lewis Gale Building Corporation' 1802 Braebum Ddve Salem VA 24153 City of RoanOke 520O101 Jerry L. & Karen W. Conner 426 North Market Street Salem VA 24153 5200103 Martha A..Cook 451 Highfield Road Salem VA 24153 5200104 Brandon Avenue- IJttreal Partnership % Gertrude Winston PO Box 588 Leesburg VA 22075 5200105 5200120 McBal CoPoration 1208 Corporate Cimle Roanoke VA 24018 5200108 Lee-Hy Manor Associates 3780 Stratford Park Drive SW Roanoke VA 24018 5200112 5200117 5200111 City of Roanoke Aerial Way Drive SW Roanoke VA 24018 CSW Associates 3807 Brandon Avenue SW Roanoke VA 24018 C:\WPDOCS\95PROJ\95041- I~ADJOINER. PLL NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION : TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, June 5, 1996, at 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from CSW Associates, that a tract of located on the northerly side of Lee Highway and the southerly side of the Norfolk & Western right-of-way, being a portion of Official Tax No. 5200122, be rezoned from Light Manufacturing District, to RM-2, Residential Multifamily, Medium Density District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Department of Planning and Community Development, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, May 21, 1996 and Tuesday, May 28, 1996 Please bill: Balzer and Associates, Inc. 1208 Corporate Circle, S.W. Roanoke, VA 24018 Send affidavit of publication to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk May 13, 1996 File #51 Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from CSW Associates requesting that a tract of land located on the northerly side of Lee Highway and the westerly side of Aerial Way Drive, S. W., containing 18.32 acres, more or less, identified as Official Tax No. 5200122, be rezoned from LM, Light Manufacturing District, to RM-2, Residential Multi-family, Medium Density District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. H:~REZONING~C,~W.WPO Carolyn H. Coles, Chairperson City Planning Commission May 13, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council The Honorable C. Nelson Harris, Council Member-Elect, 2813 Edgewood Street, S. W., Roanoke, Virginia 24015 The Honorable Carroll E. Swain, Council Member-Elect, 3434 Kershaw Road, N. W., Roanoke, Virginia 24017 The Honorable James O. Trout, Council Member-Elect, 2102 Stephenson Avenue, S. W., Roanoke, Virginia 24014 William H. Lester, CSW Associates, 3807 Brandon Avenue, S. W., Suite 245, Roanoke, Virginia 24018-1478 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA · IN RE: Rezoning of a tract of land lying on the northerly side of Lee Highway and the westerly side of Aerial Way Ddve, SW, known as a portion of official tax map number 5200122, according to the tax maps of the City of Roanoke, from Zoning District LM, Light Manufacturing District to Zoning District RM-2, Residential Multifamily, Medium Density District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, CSW Associates, owns land in the City of Roanoke containing 18.32 acres, mor"e or less, located on the northerly side of Lee Highway and the westerly side of Aerial Way Drive, SW, known as a portion of official tax map number 5200122. 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 Petitioner requests that the said property be rezoned from LM, Light Manufacturing District to RM-2, Residential Multifamily, Medium Density District, subject to certain conditions set forth below, for the purpose of constructing townhomes and apartments. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will protect the residential character=. and environment of an existing multifamily residential district by providing a buffer between the existing residential and light manufacturing districts,while allowing for the expansion of existing industrial areas into the remaininglight manufacturing district. The rezoning will encourage development outside the flood plain and provide a greenway to protect Cravens Creek. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the C:~WP DOCS~95PRO J~95041 -I~IEZONE.PLM rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. That the property will be developed in substantial conformity with the site plan prepared by Balzer and Associates, Inc., dated May 9, 1996, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City dudng site plan review. Building footprints may change to accommodate actual floor plans. 2. That if no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to LM-Light Manufacturing without further action by City Council. 3. The existing vegetation along the easterly side of Cravens Creek wil remain undisturbed in the floodway. Attached as Exhibit C are the names, addresses and tax numbem 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. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 9th day of May, 1996. CSW Associates 3807 Brandon Avenue Suit~ 2~ R oke 24018- 4 8 · 'am H. Lester Izer and Associates, Inc. Engineers · Surveyors 1208 Corporate Circle, Roanoke VA 24018 (540) 772-9580 C:\WP Di:X~S~5PRO,A95041- I~qEZON E. P LM t CSW Associates Adjoining Property Owners Exhibit "C" City of Salem 280-1-1 NAD Properties & Paul A. Powell Trust PO Box 1013 Salem VA 24153 281-1-2 Lewis Gale Building Corporation 1802 Braebum Drive Salem VA 24153 City of Roanoke 5200101 Jerry L. & Karen W. Conner 426 North Market Street Salem VA 24153 5200103 Martha A. Cook 451 Highfield Road Salem VA 24153 5200104 Brandon Avenue- Littreal Partnership % Gertrude Winston PO Box 588 Leesburg VA 22075 520O105 5200120 5200108 McBal Coporation 1208 Corporate Circle Roanoke VA 24018 Lee-Hy Manor Associates 3780 Stratford Park Drive SW Roanoke VA 24018 520O112 City of Roanoke Aerial Way Drive SW Roanoke VA 24018 5200117 · 5200111 CSW Associates 3807 Brandon Avenue SW Roanoke VA 24018 C:\WPDOCS\95 P ROJ\95041 - 1 ~,DJOI N E R. PLL Mary F. P. rker, CM¢/AAE cay Ck~rk CITY OF ROANOKE Offica of fha Gi~ {:lark Sandra H. Elkin Deputy city Ck~rk September 10, 1996 File #58-501 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Tuesday, September 3, 1996, Council authorized City staff to abstain from voting on the proxy to the question of whether or not Trigon BlUe Cross Blue Shield should go public in a stock offering or stay as a mutual company; and secondly, that the City declare that it will take stock in lieu of cash if the company is permitted to demutualize. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm pc: Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kenneth S. Cronin, Manager, Personnel Department Diane S. Akers, Budget Administrator, Office of Management and Budget Mary F. Parker, CMCIAAE c~y c~.rk CITY OF ROANOKE Office of the City Clerk September 10, 1996 File ;~66-132-144-123-488 Sandre H. Eakin [~pmy c~ c~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Tuesday, September 3, 1996, Council Member Swain advised that during 1996-97 budget study, it was his understanding that the City would conduct a study to determine if labor by non-violent criminals from the jail system could be used to supplement bulk refuse collection efforts in the City; however, no report has been received to date. He referred to an area in close proximity to the Municipal Building where bulk refuse items have been allowed to accumulate over a pedod of time, as wall as a pile of brush in close proximity to his residence which has not been cleaned up due to the illness of the property owners. He stated that City crews traveling throughout Roanoke's neighborhoods could report bulk items that need to be collected, and noted that there is a perception by some citizens that certain sections of the City are treated differently. You advised that a briefing will be presented to Council at its September 16 meeting with regard to bulk refuse collection efforts and Council's concurrence will be requested in a public participation process that is proposed to commence on September 30; that you would bdef Council Member Swain on the issue of use of prison labor for bulk refuse collection; and bulk refuse items referred to by Council Member Swain would be removed upon receipt of specific locations. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: William F. Clark, Director, Public Works James A. McClung, Manager, Fleet and Solid Waste Management H:~AGENDA~iEPTEMBE.3 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 September 10, 1996 File #53-132-467 SANDRA H. EAKIN Deputy City Clerk Marsha W. Ellison, Chairperson Roanoke City School Board 2030 Knollwood Road, S. W. Roanoke, Virginia 24018 Dear Ms. Ellison: Your communication under date of August 23, 1996, addressed to the Mayor with regard to delay of the capital bond referendum until the fall of 1997, and the complications the delay will create for the School Board in keeping on track with middle school renovations, was before the Council of the City of Roanoke at a regular meeting held on Tuesday, September 3, 1996. The communication was referred to the City Manager and the Director of Finance to discuss other funding options, with a followup report to Council and the School Board. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: W. Robert Herbert, City Manager, wlenc. James D. Gdsso, Director of Finance, wlenc. Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools Cindy H. Ramsuer, Clerk, Roanoke City School Board Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGEN D~ii~,¥r=MBF- 3 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the third day of September, 1996, JAMES D. GRISSO was reappointed as Director of Finance of the City of Roanoke for a term of two years, commencing October 1, 1996, and ending September 30, 1998. Given under my hand and the Seal of the City of Roanoke this tenth day of September, 1996. City Clerk H:~AG ENOA~.~EPTEMBE,$ (~0~MMONWEALTH OF VIRGINIA ) ) To-wit: ~ OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the third day of September, 1996, WILBURN C. DIBLING, JR., was reappointed as City Attorney of the City of Roanoke for a term of two years, commencing October 1, 1996, and ending September 30, 1998. Given under my hand and the Seal of the City of Roanoke this tenth day of September, 1996. City Clerk H:~AOENDA~EP'~MBE.3 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the third day of September, 1996, ROBERT H. BIRD was reappointed as Municipal Auditor of the City of Roanoke for a term of two years, commencing October 1, 1996, and ending September 30, 1998. Given under my hand and the Seal of the City of Roanoke this tenth day of September, 1996. City Clerk H:~GENDA~SEPT~aBE,3 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk September 3, 1996 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: Your attention is called to Section 9, Elections by Council. when held. terms, etc., of the Roanoke City Charter which provides, in part, that during the month of September 1974 and during the month of September of the second year thereafter, the Council shall elect a City Clerk, a Director of Finance, a Municipal Auditor and a City Attorney, each of whom shall serve for a term of two years from the first day of October next following the date of his election and until his successor shall have been elected and qualified. Pursuant to the abovereferenced City Charter provision, the two year terms of the following Council Appointed officers will expire on September 30, 1996: Mary F. Parker, City Clerk James D. Grisso, Director of Finance Robert H. Bird, Municipal Auditor Wilburn C. Dibling, Jr., City Attorney With kindest personal regards, I am Sincerely yours, Mary F. I~'arker, CMC/AAE City Clerk MFP:sm H:~AGENDA~APPOINTE.WPD Mary F. Parker, CMCIAAE cay Ck, rk CITY OF ROANOKE Office of the City Clerk S~ndra H. Eakin Deputy City Clerk September 10, 1996 File ~60-236-296 James D. Gdsso Director of Finance Roanoke, Virginia Dear Mr. Gdsso: I am attaching copy of Ordinance No. 33101-090396 amending and reordaining certain sections of the 1996-97 Grant Fund Appropriations, in connection with an additional $9,000.00 grant of Community Development Block Grant funds to be used for purchase and rehabilitation of property located at 1223 Patterson Avenue, S. W., by the West End Center, Inc. Ordinance No. 33101-090396 was adopted by the council of the City of Roanoke at a regular meeting held on Tuesday, September 3, 1996. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. pc: Katheryn R. Hale, Executive Director, West End Center, Inc., 1226 Patterson Avenue, $. W., Roanoke, Virginia 24016 W. Robert Herbert, City Manager Diane $. Akers, Budget Administrator, Office of Management and Budget Glenn D. Radcliffe, Director, Human Resources William F. Clark, Director, Public Works George C. Sneed, Jr., Director, Public Safety Vickie S. Tregubov, Grants compliance Monitor H:~AGENOA~SEPTEMBF_3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of September, 1996. No. 33101-090396. AN ORDINANCE to amend and reordain certain sections of the 1996-97 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 1996-97 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: &DDroDriation Community Development Block Grant FY96-97 Neighborhood CDBG Project (1) ..................... Unprogrammed CDBG (2) ............................. 1) West End Center (035-097-9737-5160) 2) Contingency (035-097-9740-5300) $ 9,000 (9,000) $2,399,000 75,351 48,330 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Honorable Mayor and City Council Roanoke, Virginia Roanoke, Vir~nia September 3, 1996 96-31 Dear Members of Council: Subject: Request for Additional CDBG Funds by West End Center, Inc. I. Background: On July 13, 1992, City_ Council authorized a grant to West End Center, Inc. in the amount of $55,000 by Resolution No. 31099-071392. The money was used for the purchase of the building located at 1226 Patterson Avenue, SW. On June 28, 1993, City Council authorized a grant to West End Center, Inc. in the amount of $20,905 by Resolution No. 31536-062893. The funds were used for a tutorial program for children between the ages of 13 and 18 years old. On July 11, 1994, City_ Council authorized a grant to West End Center, Inc. in the amount of $45,000 by Resolution No. 32099-071194. The funds were used for the renovation ofthe building. On July 24,1995, City Council approved an amendment to the agreement in the amount orS11,000, bringing the total contract amount to $56,000. II. Current Situation ho On February 9, 1996 West End Center for Youth, Inc. submitted a proposal requesting $137,000 for the purchase and rehabilitation of 1223 Patterson Avenue, SW (the former Landis Building) and a vacant lot, in order to serve at least 25 more youth. On July 15, 1996, it was recommended that City Council approve $68,451 for the project. On July 15, 1996 at a City Council meeting Ms. Kathern R. Hale requested an additional $11,000 in CDBG reserve funds to be used towards the purchase of the building. This amount was reduced to $9,000 after Ms. Hale submitted her request by letter dated July 18, 1996. (Attached) An a~eement between the City and West End Center, Inc in the amount of $68,451 for the acquisition of a building located at 1223 Patterson Avenue, SW, has been executed. Honorable Mayor and City Council Page 2 III. Issues: A. Benefit to the City B. Funding C. Timing D. Compliance with Federal regulations IV. Alternatives: Authorize the City_ Manager to execute an Amendment to the Agreement with the West End Center, providing for an additional $9,000 grant of CDBG funds for acquisition ora new facility. Benefit to the City will be provision of expanded social, educational and recreational activities and programs for low to moderate income youth in the Hurt Park and Mountain View neighborhoods. Funding in the amount of $9,000 in grant funds is available in CDBG Account No.035-097-9740-5300. 3. Timing is important to ensure timely acquisition of the building. Compliance with Federal regulationa would be achieved as long as the West End Center continues its mission, thus providing a public service which benefits low to moderate income youth. Do not authorize the City Manager to execute an amendment to the Agreement with the West End Center for the activity outlined above. Benefit to the City would be nothing; and efforts to address the needs of low to moderate income youth will be impeded. 2. Funding would not be an issue. 3. Timing would not be an issue. 4. Compliance with Federal regulationa would not be an issue. V. Recommendation: It is recommended that City Council concur in Alternative A and authorize the City Manager to do the following: Honorable Mayor and City Council Page 3 Execute Amendment No. 1 tO the Agreement with the West End Center, Inc. providing for an additional $9,000 grant of CDBG funds for the acquisition of a new facility. Transfer the CDBG funds, ($9,000), ~om CDBG Contingency Account No. 035-097- 9740-5300 to Account No. 035-097-9737-5160 entitled West End Center. Respectfully submitted, W. Robert Herbert City Manager WRH/CAH attachment Assistant City Manager City Attorney Director of Finance Director of Human Development Director of Public Works Director of Public Safety Budget Administrator Office of Grants Compliance Executive Director, West End Center CENTER FOR YOUTH Office of Grants Compliance Jefferson Center July 18, 1996 Grants Compliance Team: mg A dth'c.¥s - r,O. Box 4562 Roanoke, Virginia 24015 1226 Paltcrsm~ Avenue, .~W Roanoke, VirLzinia 24016 1703} 342-091)2 Offico of Grants Compliance JUL ~9 19'~,~:. I am writing for two reasons. First, to thank the Office of Grants Compliance, and City Government officials for their financial and moral support in helping us to continue to expand our program and its facilities. This expansion has enabled us to serve more Roanoke City youth, in addition to the ones we have served for many years. In the past four years since moving to our new facility at 1226 Patterson Avenue, we have increased the average number of children we serve daily from 25 to near 100. We are told daily by the parents of our children that the programs our Center offers make a tremendous difference in their family life. For most of the last year we have had a waiting list of over 50 children. Many parents call and find out the list is long and don't even apply. We still have children on the waiting list from February of 1996. Our master plan of facility expansion has been greatly furthered by the City of Roanoke, in conjunction with churches, businesses, and individuals in the community. Thanks to pdvate support a sensational $40,000.00 playground to the rear of our facility will be complete by August of this year. We are currently working to rezone a parcel to the rear of our facility to alleviate safety issues of persons exiting our facility on Patterson Avenue. This also is being funded through private support. We have been awarded a $68,500.00 CDBG Grant to purchase a structure across Patterson Avenue know as the Old Landis Building. This is the second issue I am wdting to you about. I believe the Office of Grants Compliance and City officials intended for this grant to purchase this new facility. It was to be our responsibility to fund renovations to the facility. After three weeks of negotiations with the owner, we now know he will nOt take less than $77,500.00 for the facility. The City Appraisal for this facility is $83,500.00 and the owner (A Realtor) believes an independent appraisal will bring a higher appraisal. He says that he will accept $77,500.00 only because he wants the Center to have the Building. I am wdting to ask you to take a look at any CDBG Reserve Funds and consider an additional award of $9,000.00 to help us complete this purchase. If this does not happen then we will have to use our renovation funds for the purchase price. This may mean not being able to renovate the building this year. With 58 children on the waiting list, we want to have this facility ready for use as' soon as possible. Our plan was to admit additional children in 1997. To do this, we must already raise $2,700.00 for each new child admitted and the funds to operate this new facility. By using our renovation funds for purchasing the building, I believe we would have to postpone our plan to admit additional children. I do not want to appear ungrateful for our $68,500.00 award by the City. We will purchase this new facility. Can you help us to be ready to use it as soon as possible. Thank you for your support. Katheryn R. Hale Executive Director West End Center for Youth P:/speech96.pub Mary F. Parker, CMCIAAE c~y c~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy C~y Ck, rk September 10, 1996 File #24-32 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33102-090396 amending and reordaining Chapter 7, Building Regulations. of the Code of the City of Roanoke (1979), as amended, by repealing §7-52, Plumbing contractor's bond, of Article III, Plumbing Work, §7-69, Electrical contractor's bond, of Division 1, .Ca.eD.e.r..a~, of Article IV, Electrical Work, and §7-115, J~Z0~I.I~GUJE~ of Article V, Building-Related Mechanical Work. and by amending and'reordaining §7-3, Contractor's licenses, registration and bond, of Article I, ~, so that posting of a $5,000.00 bond is no longer required. Ordinance No. 33102-090396 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 3, 1996. ~'"% e,~Sincerely' ~' p~ Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. H:~AOENDAISEPTEMBE.3 W. I~obert Herbert City Manager September 10, 1996 Page 2 pc: Eade H. Shumate, Sr., Vice President, Building Specialists, Inc., 114 Day Avenue, S. W., Roanoke, Virginia 24006 Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 The Honorable Roy B. VVillett, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable G. O. Clemens, Judge, Twenty-Third Judicial Circuit of Virginia Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of The Honorable Virginia The Honorabl~ Virginia The The The The The The The The Diane McQ. Stdckland, Judge, Twenty-Third Judicial Circuit of Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Robert P. Doherty, 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 Honorable Jacqueline F. Ward Talevi, Judge, General District Court Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable District Court The Honorable Court The Honorable Court Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations Philip Trompeter, Judge, Juvenile and Domestic Relations District Joseph P. Bounds, Judge, Juvenile and Domestic Relations District The Honorable Arthur B. Crush, III, Clerk, Circuit Court Ronald S. Albright, Clerk, General District Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court Bobby D. Casey, Office of the Magistrate Michael Meise, Acting Law Librarian Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Robert H. Bird, Municipal Auditor William F. Clark, Director, Public Works Ronald H. Miller, Building Commissioner H:~M3ENDA~.qEPTEMBF_ 3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1996. No. 33102-090396. AN ORDINANCE amending and reordaining Chapter 7, Buildinq Regulations, of the Code of the City of Roanoke (1979), as amended, by repealing §7-52, Plumbing contractor's bond, of Article III. Plumbing Work, 97-69, Electrical contractor's bond, of Division 1. Generally, of Article IV. Electrical Work, and 97-115, Bond required, of Article V. Building-Related Mechanical Work, and by amending and reordaining S7-3, Contractor's licenses~ registration and bond, $5,000.00 emergency. of Article I. In General, so that the posting of a bond is no longer required; and providing for an BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 7-52, Plumbing contractor's bond, of Article III. Plumbing Work, S7-69, Electrical contractor's bond, of Division 1. Generally, of Article IV. Electrical Work, and ~7-115, Bond required, of Article V. Building-Related Mechanical Work, Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, are hereby REPEALED. 2. Section 7-3, Contractor's licenses~ registration and bond, of Article I. In General, is hereby amended and reordained to read and provide as follows: Sec. 7-3. Contractor's licenses and registration. (a) Every person who engages in, or offers to engage in, the business of home improvement, electrical, plumbing or heating of air conditioning contracting, or the business of constructing single or multi-family dwellings in the city, except for persons licensed as Class A contractors by the state board for contractors, shall obtain a license from the city and shall register his name in a book provided for that purpose by the city, giving his full name, residence and place of business, and, in case of removal from one place to another, he shall make corresponding changes in such register accordingly. (b) For the purpose of this section, the business of home improvement shall mean the contracting for, or providing labor and material or labor only for, repairs, improvements, and additions to residential buildings or structures accessory thereto, where any payment of money or other thing of value is required. 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 Clerk. H:\ORD~D-CA-BON.B September 3, 1996 Council Report No. 96-162 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: SUBJECT: $5,000 Contractor Bond I. Background: ae Bonds in the amount of $5,000 have been required by City Code for many years for contractors doing building, electrical, plumbing, and building related mechanical work as a class "B" or "C" contractor in the City of Roanoke. Be Purpose of the Bond is to protect the general public and the City of Roanoke and to indemnify and save harmless the City, as well as others, from all expense or damage that may be caused by negligent, defective or inadequate work done in the City by a Class "B" or "C" contractor. Ce Out of town contractors have difficulty obtaining bonds locally. Most local insurance companies will not issue bonds unless the contractor has other coverage with that insurance company. Class "A" Contractors licensed by State Board of Contractors are exempt from this regulation. II. Current Situation: The Virginia Board of Contractors Department of Professional and Occupational Regulation now have a recovery fund for Class "B" and "C" contractors in the amount of $ 10,000.00 per claim as established by the General Assembly. (See attachment) Be Many local ~overnments in Virginia, including Roanoke County no longer require local bonding of Class "B" and "C" contractors. Ce Local contractors and home builders have repeatedly requested that the City discontinue requiring the $5,000 Bond. III. Issues: ae B. C. D. Customer Service Cost Regional Cooperation Efficiency IV. Alternatives: ao Amend the Code of the City of Roanoke (1979), as amended, by deleting Sections 7-3 (c), 7-52, 7-69 and 7-115 so that the posting of a $5,000 Bond is no longer required. 1. Customer Service would be greatly enhanced. e Cost of $100 - $150 per contractor per year or approximately $150,000 per year will be saved for our customers with no revenue losses to the City. 3. Regional cooperation and consistency will be enhanced. e Efficiency will be improved in this area for the Development Community and the City. City Council deny request to amend City Code to repeal $5,000 Bond for Class B and Class C Contractors. Customer service would not be enhanced since nothing would change and contractors would continue to experience the problem of lost time and expense. Cost to customers would remain or possibly increase. Regional cooperation and consistency would not be enhanced. Efficiency would not be improved for our customers or the City. Ve Recommendation: City Council concur in Alternative "A" by amending the Code of the City of Roanoke (1979), as amended, by deleting Sections 7-3 (c), 7-52, 7-69 and 7-115 so that the posting of a $5,000 Bond is no longer required. WRH:ph Attachments cc: City Attorney Director of Finance Director of Public Works Municipal Auditor Building Commissioner Respectfully subm~tted, W. Robert Herbert City Manager August 7, 1996 Incorporated Mr. Ron Miller City of Roanoke 215 Church Avenue, SW Roanoke, Virginia 24011 Dear Ron, This letter is a follow-up to our conversation concerning the Virginia Contractors TranSaction Recovery Fund which is administered by the Board for Contractors. This fund was established by the General Assembly as a means of providing protection for Virginia citizens who are damaged by the improper or dishonest conduct of licensed contractors. All licensed contractors make payments to the fund when they receive their original license. Special assessments are also made whenever the fund balance drops below $400,000. This fund is considered a source of last resort for consumers. The process for filing a claim with the Recovery Fund is as follows: A consumer must receive a judgment from a court against a licensed contractor for "improper or dishonest conduct," and not for mere breach of contract. They must also conduct debtor interrogatories to determine if the contractor has any available assets to pay the judgment with. If the contractor is unable or unwilling to pay the judgment, a claim is filed against the Recovery Fund within 12 months of the judgment. The contractor is granted an opportunity to present his side of the case, although most of the time the contractor cannot be found or fails to appear. If the Board finds that the claim meets all the requirements of the Act, then the consumer may be paid up to $10,000 from the fund. The claim may include attorney fees and court costs, but not interest. The payment from the fund is subject to proration if there are multiple claims against the same contractor. The maximum amount that can be paid from the fund on behalf of one contractor is $20,000 in any bi-ennium. It generally takes 6-8 months for a claim to make its way through the bureaucratic process. This fund has been established in lieu of requiring contractors to post a bond from a bonding company. The Board has discussed this issue in the past and it is my recollection that they determined that it would be easier to collect from the Recovery Fund than from a bonding company. New requirements for testing on business law and contractor regulations further ensure that licensed contractors are aware of their legal responsibility. Construction m Design 114 Day Avenue S.W. P.O. Box 1174 Roanoke, Va. 24006 Voice: 540.982.8200 Fax: 540.982,8500 Va. Contractor: 2701-016809ABLD At one time the "B" classification of contractors was handled as a registration, i.e., all that the contractor had to provide to the Board to be registered was a name and address. There were no questions on the application regarding financial responsibility, past-due debts or criminal convictions. In 1992 this program was converted to a licensing program. Additional information was required from applications and they were required to have a net worth of $15,000 before they could be licensed. For those very small contractors who would not meet the requirements of a Class B contractor and would not be doing large contracting, the Board established a Class C certification which requires some experience but does not have a net worth requirement. These contractors can do jobs not exceeding $7,500. The customers of Class C contractors, however, continue to be covered up to the full maximum of $10,000 from the.recovery fund. I hope this information is helpful to you and sheds light on the protections which are available to the citizens of the Commonwealth through the Board for Contractors. If you have further questions regarding specifics of the Fund, you may contact the Board for Contractors at 804-367-8571. Sincerely, EARLE H. SHUMATE Sr. Vice President EHS/bsm Mary F. Parker, CMCIAAE c~y Ck~rk CITY OF ROANOKE Office of the City Clerk Slndra H. Eakin oeputy c~y c~rk September 10, 1996 File #27 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33103-090396 authorizing execution of an amendment to a contract dated December 13, 1993, with Wheelabrator Clean Water Systems, Inc., for removing, transporting and disposing of digested lagooned sludge from the City's Water Pollution Control Plant, for an additional term of one year at a cost of $87.54 per dry ton, not to exceed 10,000 dry tons dudng the period of September 1, 1996, through August 31, 1997, for an amount not to exceed $875,400.00, as more particularly set forth in a report of the City Manager under date of September 3, 1996. Ordinance No. 33103-090396 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday; September 3, 1996. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. H:~AGENDA~EPI'EMBE.3 V~. Robert Herbert City Manager September 10, 1996 Page 2 pc: William K. Blanchet, President, Bio Gro Systems, Inc., d/b/a Wheelabrator Clean Water Systems, Inc., 180 Admiral Cochrane Drive, Suite 305, Annapolis, Maryland 21401 James D. Grisso, Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management Steven L. Walker, Manager, Water Pollution Control Plant IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1996. No. 33103-090396. AN ORDINANCE authorizing execution of an amendment extending for an additional term of one year a contract with Wheelabrator Clean Water Systems, Inc., for removing, transporting, and disposing of digested lagooned sludge from the City's Water Pollution Control Plant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an amendment to a contract dated December 13, 1993, with Wheelabrator Clean Water Systems, Inc., extending such contract for removing, transporting and disposing of digested lagooned sludge from the City's Water Pollution Control Plant, for an additional term of one year at a cost of $87.54 per dry ton, not to exceed 10,000 dry tons during the period of September 1, 1996, through August 31, 1997, for an amount not to exceed $875,400, as more particularly set forth in the report of the City Manager to Council dated September 3, 1996. 2. The form of the amendment shall he approved by the City Attorney. 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 Clerk. September 3, 1996 Council Report No. 96-163 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: THIRD YEAR CONTRACT REMOVE, TRANSPORT, AND DISPOSE OF DIGESTED, LAGOONED SLUDGE FROM THE WATER POLLUTION CONTROL PLANT 1402 BENNINGTON STREET, S.E. ROANOKE, VIRGINIA Backoround on the subject in chronological order is as follows: Wheelabrator Clean Water Systems. Inc.. had a one year contract to remove, haul, and dispose of digested, lagooned sludge from the Water Pollution Control Plant. The contract was from September, 1994 to September, 1995, with the option to renew for four (4) additional one year periods. Present contract price is $85.24 Der dry ton for a minimum of 6,000 dry tons (and a maximum of 10,000 dry tons) for the one year contract. Price fluctuation Der dry ton of sludae is based on the Consumer Price Index. From August, 1995 to August, 1996, the Consumer Price Index increased by 2.7%. The price per dry ton for the new contract would be as follows: $85.24 x 2.7% -- $87.54 This would be the per ton cost of the third year of the five (5) year agreement. ODtion was taken for five vears because of the time required to have land parcels approved for sludge application. II. Current situation is as follows: Bo Third year contract with Wheelabrator Clean Water Systems, Inc., is as follows: Minimum 6,000 Dry Tons x $87.54 Maximum 10,000 Dry Tons x $87.54 $525,240 875,400 The base contract would be for the 6.000 dry tons with additional tonnage being approved monthly by administrative change order. Honorable Mayor and Members of City Council THIRD YEAR CONTRACT REMOVE, TRANSPORT, AND DISPOSE OF DIGESTED, LAGOONED SLUDGE FROM THE WATER POLLUTION CONTROL PLANT September 3, 1996 Page 2 III. Issues in order of importance are as follows: ADDroval or reiection of third year contre~t Time Funding IV. Alternative~ in order of feasibility are as follows: Authorize the City Mana_oer to enter into a contractual aoreement for the third year of a five year option, with Wheelabrator Clean Water Systems, Inc., to remove and properly dispose of digested, lagooned sludge at the rate of $87.54 per dry ton. Contract shall not exceed 10,000 dry tons for the amount of $875.400 for the one year contract. APProval of the third year contr~t would be at the rate of $87.54 per dry ton, not to exceed 10,000 dry tons, or $875.400. 2. Time of the contract is for one (1) year. 3. Funding is available in account number 003-056-3150-2010. B. Reiect the renewal of the contract. Rejection of the third year contr~gt would mean the accumulating sludge would not be disposed of in a timely manner. Lagoons would fill and possibly overflow before another contractor could get permits approved for land application. 2. Time would not be a factor for the third year renewal of the contract. 3. Funding would not be encumbered at this time. Honorable Mayor and Members of City Council THIRD YEAR CONTRACT REMOVE, TRANSPORT, AND DISPOSE OF DIGESTED, LAGOONED SLUDGE FROM THE WATER POLLUTION CONTROL PLANT September 3, 1996 Page 3 Recommendation is as follows: City Council concur in alternative "A" and take the following action: Authorize the City Mana(~er to renew the contract with Wheelabrator Clean Water Systems, Inc., for the third year to remove, transport, and dispose of sludge at the rate of $87,§4 per dry ton, not to exceed 10,000 dry tons, for an amount not to exceed $875.400. Time of contract is one year, and funding is available in account number 003-056-3150-2010. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/kh C: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Manager, Water Pollution Control Plant Mary F. Parker, CMCIAAE C~y Ck, rk CITY OF ROANOKE Office of the City Clerk 8andra H. Eakin Deputy C~y C~rk September 10, 1996 File #27-53-60-217-514 James D. Gdsso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33104-090396 amending and reordaining certain sections of the 1996-97 Capital Projects Fund Appropriations, providing for the transfer of $15,000.00 to support final engineering design of the proposed box culvert replacement at Thomason Road, S. E. Ordinance No. 33104-090396 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 3, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eno. pc: The Honorable Marsha C. Fielder, Commissioner of the Revenue W. Robert Herbert, City Manager Diane S. Akers, Budget Administrator, Office of Management and Budget Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management William F. Clark, Director, Public Works Chades M. Huffine, City Engineer Ellen S. Evans, construction cost Technician H:~AG ENDA~SEPTlgI~B~ 3 IN THR COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of September, 1996. No. 33104-090396. AN ORDINANCE to amend and reordain certain sections of the 1996-97 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 1996-97 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ~p~ro~riations Sanitation Thomason Road Engineering (1) ..................... Capital Improvement Reserve Public Improvement Bonds - Series 1996 (2) ........ 1) Appropriated from Bond Funds (008-052-9690-9001) 2) Storm Drains (008-052-9700-9176) 15,000 (15,000) $ 3,180,363 15,000 $ 21,463,116 18,433,076 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. September 3, 1996 Council Report No. 96-164 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: GARDEN CITY DRAINAGE IMPROVEMENTS THOMASON ROAD CULVERT REPLACEMENT Backaround on the subject in chronological order is as follows: The existina slab span bridge on Thomason Avenue was identified as needing replacement by the annual bridge inspection program. A prQje~;t to replace the bridge with a reinforced box culvert is included in the ~grrent (;aDital Improvement Plan. The project is part of the Garden City Flood Reduction Project and is estimated to cost $300.000. II. Current situation is as follows: Citv staff h{~s comoleted field surveying and the Dreliminarv design for the proposed box culvert on Thomason Road. TO expedite oroiect comoletion, the final construction plans and contract documents will be prepared by LMVV, P.C., an engineering consultant. II1. Issues in order of importance are as follows: A. PrQiect schedules B. Fundine IV. Alternatives in order of feasibility are as follows: Transfer ~l[i,O00 of funding from Public Improvement Bonds Series 1992A to support final engineering design of the proposed box culvert replacement at Thomason Road. Proiect schedules will be maintained. The project will be ready for bid advertisement as soon as design is complete and rights-of way acquired.. Funding is available in Public Improvement Bonds Series 1992A, Storm Drains, account number 008-052-9700-9176. Bo Do not transfer t~ 15,000 of fundino from Public Imorovement Bonds Series 1992A to support final engineering design for the proposed box culvert replacement at Thomason Road. 1. Pro!ect schedule will be indefinitely delayed. Honorable Mayor and Members of City Council GARDEN CITY DRAINAGE IMPROVEMENTS THOMASON ROAD CULVERT REPLACEMENT September 3, 1996 Page 2 2. Funding will remain available. Recommendation is that City Council concur in Alternative A, and take the following specific actions: A. Transfer $15.000 from Public Improvement Bonds Series 1992A, Storm Drains account number 008-052-9700-9176 to an account to be entitled Thomason Road Engineering. Respectfully submitted, W. Robert Herbert City Manager WRH/PCS/kh Attachment C: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue Mary F. Parker, CMCIAAE C~ Ck, rk CITY OF ROANOKE Office of the City Clerk 8andre H. Eakin Deputy C~y Ck~rk September 10, 1996 File f~0-200-326-379 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Gdsso: I am attaching copy of Ordinance No. 33105-090396 amending and reordaining certain sections of the 1996-97 General Fund Appropriations, providing for the transfer of $28,800.00 to pay the City's share of the regional greenway coordinator's position. Ordinance No. 33105-090396 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 3, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: Wayne G. 8trickland, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 W. Robert Herbert, City Manager Diane $. Akere, Budget Administrator, Office of Management and Budget William F. Clark, Director, Public Works John R. Marlles, Chief, Planning and Community Development H:~AGENDA~SEPTEMBE.3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of September, 1996. No. 33105-090396. AN ORDINANCE to amend and reordain certain'sections of the 1996-97 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 1996-97 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks, Recreation-and Cultural Dues, Memberships, Affiliation (1) ................ Nondepartmental Contingency - General Fund (2) .................... $ 4,858,335 1,266,835 $ 53,901,907 339,378 1) Greenways/Open Space Steering Committee (001-002-7220-3707) 2) Contingency' (001-002-9410-2199) $ 28,800 (28,800) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. September 3, 1996 No. 96-168 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Pro-Rata Funding for Regional Greenway Coordinator Position I. Background is a follows: ho The Roanoke Valley Greenway~/Open Space Steering Committee, with representatives appointed by each of the four Valley governments, has been meeting for almost two years. Among other efforts, it has been responsible for the development of the Roanoke Valley Conceptual Greenway Plan and was instrumental in the city's successful application for ISTEA funds to develop the Mill Mountain Greenway. Funding. on a pro-rata basis, to hire a regional greenway coordinator and to support that position was requested from each of the Valley's governments by the steering committee in January 1996. The funds requested totaled $60,000. The pro-rata breakout is as follows: Jurisdiction Population Estimate % Share $ Request Roanoke City 97,200 48% $28,800 Roanoke County 73,704 36% $21,600 Salem 24,200 12% $ 7,200 Vinton 7,796 4% $ 2,400 TOTALS 202,900 100% $60,000 One-time funding of the city's proportionate share ($28,800) was approved by Roanoke City Council during its Fiscal Year 1996-97 budget study process. Funding was made contingent upon each of the other Valley governments providing its share of the position's costs (as above) which was communicated by City Manager Robert Herbert to the government administrators, the greenway steering committee chair and the Fifth Planning District by letter, dated May 10, 1996. D° The Fifth Planning District will receive the funds for the greenway coordinator's position. In turn, the Fifth PDC will pay all salary, benefits and other personnel costs and provide administrative and clerical support, including office space. Members of Council Page 2 II. III. IV. Current situation is as follows: A. All four Valley governments agreed to provide their pro-rata share of funding for the greenway coordinator's position. B. Greenway coordinator's position was advertised and coordinator was hired, effective August 1, 1996. Issues are as follows: A. Support of regional greenway planning efforts B. Funding C. Timing Alternatives are as follows: A. Transfer funding from contingency account # 001-002-9410-2199 in the amount of $28,800 to pay the city's share of the regional greenway coordinator's position. 1. Support of regional greenway planning efforts, on a pro-rata basis, would be provided, as agreed during the budget study process for Fiscal Year 1996-97. 2. Funding is available in the contingency account identified above. A "Greenways/Open Space Steering Committee" account has been established (account # 001-002-7220-3707) to receive the funds, if they are appropriated. 3. Timing is important since the greenway coordinator has been hired, based on funding commitments by the Valley's four governments. B. Do not transfer funding from the contingency account identified. 1. Support of regional greenway planning efforts would not be provided as agreed to during the budget study process for Fiscal Year 1996-97. 2. Funding would remain available in the contingency account. The "Regional Greenways/Open Space Steering Committee" account, established to receive appropriated funds, would not be needed. 3. Timing would no longer be an issue. Members of Council Page 3 V. Recommendation is as follows: City Council concur in Alternative A and transfer funding in the amount of $28,800 from contingency account # 001-002-9410-2199 to the Greenways/Open Space Steering Committee account (#001-002-7220-3707). Respectfully submitted, W. Robert Herbert City Manager CC; City Attorney City Clerk Director of Finance Director of Public Works Chief of Planning and Community Development Budget Administrator DEPARTMENT OF FINANCE CITY OF ROANOKE, VA. September 3, 1996 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance July Financial Report This financial report covers the first month of the 1996-97 fiscal year. The following narrative discusses revenue and expenditure trends to date. REVENUE Total General Fund revenues reflect an increase of 28.80% or 292,000, on a year to date basis, compared to FY96. The percentage increases in revenue categories are typically larger than normal in the first few months of the fiscal year due to reversing entries and the timing of revenue received. Variances in specific categories of revenue are as follows: General Property Taxes have decreased $33,000 or 11.07%. Real estate taxes have increased slightly while personal property taxes are down in the current year. Most General Property tax revenue is received in future fiscal months, therefore, these fluctuations are not unusual. Permits, Fees and Licenses are up 62.69% or $29,000 due inspections, building inspections, and street opening permits. averages throughout FY96. to increased revenues from electrical These categories were all below their Fines and Forfeitures increased $26,000 or 38.29% due to increased General District Court fines, higher court judgment collection fees, and greater parking ticket revenue. Revenue from the Use of Money and Property decreased $9,000 or 13.70%. This was the result of lower interest earnings which were somewhat offset by increased building rental. Grants-in-Aid Commonwealth have increased $85,000 or 17.01%. The category total is negative in both years due to the reversal of prior year accounting entries which had accrued revenue not yet received. The increase in current year revenue is due to a smaller accrual at the end of FY96 than the one at the end of FY95 which, when reversed, causes FY97 revenue to be higher. Miscellaneous Revenue has increased $124,000 because a surplus sale was held in August 1996 versus July of this year. The current year sale generated more revenue as well as being held earlier in the fiscal year. Internal Services have increased 47.44% or $38,000 due to higher billings by Engineering, Street Maintenance, and Building Maintenance. Honorable Mayor and Members of Roanoke City Council September 3, 1996 Page 2 EXPENDITURES AND ENCUMBRANCES Expenditures and encumbrances in the General Fund have increased .64% or $81,000 since FY96. Variances in individual expenditure categories are discussed below. General Government expenditures have decreased $156,000 or 14.85%. This is primarily due to the establishment ora separate fund for Risk Management in FY97, instead of including it in the General Fund as was the case last year. Risk Management's expenditures through July of last year were approximately $163,000, primarily due to insurance premiums paid for fiscal year 1996 coverage. Judicial Administration expenditures have decreased 13.42% or $50,000. Fees for professional services have declined in the Clerk of Circuit Court and Law Library departments. The Law Library has also incurred lower expenditures for publications and subscriptions and for equipment purchases. Public Works expenditures have risen $1,022,000 or 42.03%. This is because the street paving contract for FY97 was encumbered in July, whereas the street paving contract last year was not encumbered until August. The Street Paving expenditures should be comparable between the years by next month. Health and Welfare expenditures have increased 24.86% or $224,000. The first quarter subsidy to the Blue Ridge Community Services Board was made in July 1996 versus August 1995. In the current year, several of the City's Cultural and Human Services payments have already been made, while in the prior year there were no contributions through the end of July. Family Protective Services, the League of Older Americans, Roanoke Area Ministries, Center in the Square, and the Virginia Museum of Transportation all received payments in July. Community Development expenditures have decreased $25,000 or 20.23%. This is due to the reversal of an accounting entry made in FY96 to expense, in advance, $31,000 relating to the Williamson Road Project in the Department of Planning and Community Development. The entry was made to match the expenditure with the fiscal year in which budgetary funds were appropriated for the project. Transfers to Debt Service Fund have decreased $1,318,000 or 100.00% because there were no debt payments made in July 1996. The final payments on the 1980 Public Building Bonds and 1980A Public Improvement Bonds were made on July 1, 1995, requiring transfers to the Debt Service Fund last year. Nondepartmental expenditures have increased $31,000 or 20.13% due to a transfer of $178,000 to the City Information Systems Fund in FY97 compared to a transfer to the Capital Projects Fund of $150,000 in FY96. This category consists primarily of transfers to other funds and varies from year to year based on budgeted transfer requirements. Honorable Mayor and Members of Roanoke City Council September 3, 1996 Page 3 I would be pleased to answer any questions which City Council may have regarding the Monthly Financial Statements. JDG/AHA/pac Attachments ~ector of Finance CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE JULY 31, 1996 Balance July 1,1996 Ordinance Number Department None Balance July 31, 1996 Purpose $367,576 $367,676 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Revenue Soume General Property Taxes Other Local Taxes Permits, Fees and Ucenees Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Miscellaneous Revenue Internal Semices Total Year to Date for the Period July 1- July 81 1996-96 July 1- July 1998-97 Percentage of Change $299,768 $266,580 (11.07) 725,918 744,229 2.52 46,588 75,792 62.69 67,337 93,121 38.29 63,765 55,627 (13.70) (500,947) (415,713) 17.01 - 230,034 244,003 6.07 2,157 125,935 NIA 79,461 117,144 47.44 $1~014~071 $1,306,118 28.80 % Current Fiscal Year Percentof Revised Revenue Revenue Esfimato Esflmatos Re.eked $62,236,700 0.43% 46,446,356 1.54% 562,200 13.48% 875,500 10.64% 1,138,326 4.83% 33,913,844 N/A 25,(XX) 3,312,010 7.37~ 310,500 40.58% 1,824,000 6.42% $162,644~A30 0.86% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Expenditures General Govemment Judicial Administralion Public Safety Public Works Health and Welfare Parks, Recre~on and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Total Year to Data for the Period July 1- July 31 1996-96 $1',046,511 387,661 2,642,759 2,431,004 900,283 647,321 124,862 1,317,733 3,067.979 150,416 $12,000,s20 July 1- July 31 1996-97 $891,116 318,306 2,877,721 3,462,693 1,124,114 615,037 3,218,951 180,702 $12,778,240 Pel~ent~e of Change (14.863 (13.42) 8.89 42.03 24.86 (4.99) (20.23) (100.00) 4.92 20.13 0.64 Current Fis~l Year Balanee $9,230,658 3,751,002 34,371,381 19,242,644 18,880,284 4,212,038 1,244,621 9,310,800 5,772,197 $141,423,480 Revised Appropriations $10,121,174 4,069,308 37,249,102 22,695,337 20,004,398 4,827,075 1,344,221 9,310,800 38,627,406 5,952,899 $164,201,720 Budget Obligated 8.80% 7.82% 7.73% 15.21% 5.62% 12.74% 7.41% 8.33% 3.04% 8.29% 2 CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total Year to Date for the Period July l-July 31 July 1-July 31 Percentage 1995-96 1996-97 of Change $780 ($330,986) N/A 2,200,547 1,062,939 (51.70) (96,129) (84,695) 11.89 39,550 103,700 162.20 3,067,979 3,218,950 4.92 33,794 95,636 183.00 $5,246,521 $4,065r544 (22.51) Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $8,090,895 N/A 30,904,880 3.44% 2,353,996 NrA 2,732,706 3.79% 38,627,406 8.33% 1 ,O78,638 N/A $83,788,521 4.85% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Ex_Denditures Instruction $3,166,629 $2,891,225 (8.70) General Support 231,357 255,042 10.24 Transportation 179,249 135,853 (24.21) Operation and Maintenance of Plant 619,249 1,197,008 93.30 Food Services 89,108 137,893 54.75 Facilities 938,256 652,628 (30.44) Other Uses of Funds 912,962 821,352 (10.03) Special Purpose Grants 1,458,817 1,078,638 (26.06) Total $7,595,627 $7,169,639 (5.61) Current Fiscal Year July l-July31 July 1-July31 Percentage Unencumbered Revised 1995-96 1996-97 of Change Balance Appropriations $59,906,127 2,874,339 2,718,038 8,316,563 3,427,803 1,304,797 o $78,547,667 $62,797,352 3,129,381 2,853,891 9,513,571 3,565,696 652,628 2,126,149 1,078,638 $85,717,306 Percent of Budget Obligated 4.60% 8.15% 4.76% 12.58% 3.87% 100.00% 38.63% N/A 8.36% 3 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JULY 31, 1996 Expenditures Unexpended Outstanding Unencumbered Budget To Data Balance Encumbrances Balance General Government $8,222,521 $6,454,892 $1,767,629 $305,590 Judicial Administration 37,540 37,540 - Public Safety 9,561,146 9,311,513 249,633 63,894 Education 19,859,397 10,606,817 9,252,580 8,223,392 Community Development 1,041,000 82,269 958,731 958,731 Recreation 468,491 311,098 157,393 151,658 Streets and Bridges 13,365,432 9,543,505 3,821,927 2,214,115 Sanitation Projects 3,165.363 3,093,985 71,378 6,020 Traffic Engineering & Communications 1,775,300 1,372,283 403,017 43,275 Other infrastructure Projects 6,074,534 3,797,050 2~77.484 183,128 Capital Improvement Reserve 21,478,116 21,478,116 - Total $1,462,039 185,739 1,029,188 5,735 1.607,812 65,356 359,742 2,094,356 21,478,116 $8S,048,840 $44,S10,9~2 $40/137,888 $12,149,803 4 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 1996 Operating Revenue Commercial Sales Domestic Sales Industrial Sales Town of Vinton County of Roanoke Customer Services Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenue (Expenses) Interest Revenue Rent Miscellaneous Revenue Interest Expense Total Nonoperating Revenue (Expenses) Net Income 1996 1995 $268,757 $276,279 233,502 244,884 17,980 22,393 1,922 2,548 156,730 130,919 53,045 18,525 731,936 695,548 97,259 107,031 275,760 277,205 78,231 78,231 451,250 462,467 280,686 233,081 30,086 10,305 175 175 1,488 6,815 (131,905)(1) - (100,156) 17,295 $180,530 $250,376 Note (1) This amount represents interest paid on the 1992 Water Bonds. Interest was previously capitalized as part of the construction costs related to the Carvins Cove improvements, which were substantially complete in February 1996. CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 1996 Operating Revenue Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depredation Total Operating Expenses Operating Income Nonoperafing Revenue Interest on Investments Miscellaneous Revenue Total Nonoperating Revenue Net Income 1996 $607,320 90,410 24,872 100,795 11,196 14,631 6,761 123,232 370,952 77,955 572,139 283,846 37,212 $321,058 1995 $555,528 85,150 17,036 90,258 5,813 4,116 5,177 763,078 126,269 327,176 77,955 531,400 231,678 16,933 4,515 21,448 $253,126 6 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 1996 Operating Revenue Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenue Transfer from General Fund Interest on Investments Miscellaneous Total Nonoperating Revenue Net Loss 1996 $30,525 190 9,739 270 7,267 6,525 54,516 74,234 111,024 31,930 217,188 (162,072) 1,682 264 1,946 ($160,726) 1995 2,884 255 12,395 10,795 49,298 73,582 140,797 31,930 246,309 (197,011 ) 114,896 1,323 256 116,475 ($8o,536) 7 CiTY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 1996 Operating Revenue Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenue Operating Expenses Operating Expenses Depredation Total Operating Expenses Operating Income Nonoperating Revenue (Expenses) Interest on Investments Miscellaneous Operating Subsidy for GRTC Interest Expense Total Nonoperating Revenue (Expenses) Net Loss 1996 $43,242 46,415 14,607 44,550 29,277 11,303 189,394 56,501 43,376 99,877 89,517 415 3243 (150,000) (60,924) (207,266) {$117,749) 1995 $20,102 26,612 14,504 35,177 17,879 9,743 124,017 108,751 15,266 1,537 682 (lOO,OOO) (56,39s) (154,177) ($138,911) 8 CITY OF ROANOKE, VIRGINIA NURSING HOME FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 1996 Operating Revenue Private Patent Fees Medicaid Patent Fees Medicaid Reimbursements Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenue Interest on Investments Total Nonoperating Revenue Net Loss 1996 $2,573 24,081 71,539 98,193 98,9~ 33,289 1,969 (37,001) ($38,S08) 1995 $711 13,674 103,900 118,285 103,937 37,753 1,969 (25,374) 706 706 ($24,~8) 9 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 1996 1996 1995 CONFERENCE COMMISSION (1) CENTER (2) TOTAL Operating Revenue Commission Conference Center $ $ - $ $ - - 105,323 105,323 49,011 Total Operating Revenue 105,323 105,323 49,011 Operating Expenses Commission Conference Center Depreciation Expense 2,796 2,796 (18,872) (3) 130,823 130,823 103,149 37,006 1,052 38,058 37,006 Total Operating Expenses 39,802 131,875 171,677 121,283 (39,802) (26,552) (66,354) (72,272) Operating Loss Nonoperating Revenue (Expenses) Proceeds from Brick Sales Interest on Investments Conference Center 75 - 75 150 315 - 315 955 (1,146) (1,146) (1,077) Total Nonoperating Revenue (Expenses) 390 (1,146) (756) 28 {$67,110) {$72,244) Net Loss ($39A12) ($27,698) Notes to Financial Statement: {1) The column entitled "Commission" represents Commission activity in the City's financial records. (2) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree Management. (3) Reversing entry from FY 96. 10 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 1996 TOTALS City Information Materials Management Utility Line Fleet (1) Risk (2) Systems Control Services Services Management Management 1980 1 9O6 $208,002 $15,177 $16,503 $240,402 $12,248 $415,501 $907,833 $542,249 208,002 10,1 ~ I g,;O3 240,402 12,248 416,601 ;O7,833 642,240 Operating Revenue Charges for Services Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation 102,812 7,507 4,081 178,245 89,817 12,921 395,383 362,345 21,927 697 7,942 27,652 41,684 591,549 691,451 141,747 26,782 152 3,533 14,377 90,967 - 135,.811 135,812 Total Operating Expen~e~ 16t ,621 8,~ 16,66~ 220,274 222,4;8 ;O4,47O 1,222,G,46 630,9O4 68,481 g,821 ~47 20,1~ (210,220) (1 ;O,~) (314,81~ Operating Income (Lo~) Nonoperating Revenue (Expenm) Interest Revenue Transfer from General Fund Transfer to Civic Center Fund 8,421 (763) 891 5,087 5,543 41,911 61,070 11,283 177,692 177,692 . . (114,896) 1;O,115 (7;O) 801 6,06'7 6,648 41,M 1 238,7b'-2 (103,013) ~_~.~ _~_~. .~_,_n68 $1,838 $26,1 ~6 (~204,G77) ($147,0;O) ($7O,060) ($201,208) Net Nonoperatlng Revenue (Expenses) Net Income (Loaa) Note (1) Reflects partial billing of July, 1~ 8~rvim. Auguet will reflect approximately two months of revenue. Note (2) The Riak Management Fund waa eetebllahed on July 1,188~. 11 CiTY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JULY 31, 1996 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED JULY 31, 1996. GENERAL /WATER BALANCE AT ~NCE' AT BA~CE AT JUNE 30, 1996 RECEIPTS DISBURSEMENTS JULY.31::, 1996 JULY 3~r, 1995 SEWAGE CIVIC CENTER TRANSPORTATION CAPITAL PROJECTS NURSING HOME CONFERENCE CENTER DEBT SERVICE CITY INFORMATION SYSTEMS MATERIALS CONTROL MANAGEMENT SERVICES UTILITY LINE SERVICES FLEET MANAGEMENT PAYROLL RIK MANAGEMENT PENSION SCHOOL BOARD FDETC GRANT $8,657,646.30 $9,182,552.19 $8,126,201.21 $9;7t3~997.28 $8,276,540.92 6,910,606.46 296,496.20 333,495.63 6~8~607i03. 7,070,246.93 21,691,050.47 1,923,071.26 1,832,718.10 21 ~781,403.63 20,464,799.51 428,349.21 58,893.07 22(3,479.85 266;76Z43 286,697.78 12,904.84 192,876.17 96,542.85 109~238.16 349,763.32 37,133,390.69 109,539.89 1,493,723.02 35~749~207.56 7,911,527.16 318,957.98 98,558.53 190,611.43 226~905.Q8 170,380.95 78,060.84 75.00 10,507.82 67,628~02 350,038.96 8,771,734.81 1,169,565.70 1,146,844.28 8,797,456.23 7,245,733.66 1,977,005.86 101,637.85 118,559.90 1,960,083.81 178,032.37 (97,957.72) 77,037.23 108,589.41 (127~509.9~) 218,342.07 207,464.53 15,387.06 15,756.98 207,094.61 221,414.08 1,190,018.39 179,664.45 123,863.58 1~45,819~26 1,362,635.19 1,390,522.03 49,384.93 192,685.14 1;247'~2~.62 1,371,740.22 6,792,276.20 6,372,440.74 10,100,580.09 3~064,136~85 2,655,108.25 0.00 0.00 240,686.51 (240;686.51) 0.00 292,028.32 494,622.26 81,817.27 704~833,3t 789,058.10 7,315,714.99 2,060,642.78 3,686,112.60 5~690~245~17' 8,185,515.33 ' 12,564.92 181,042.77 206,734.18 (t3~1:26~49) 182,483.36 302,705.48 665,878.25 723,197.93 245i385i80 454,056.17 TOTAL $103,385,044.60 $23,229,366.33 $29,044,707.78 $971569,703~15 $87,764,114.33 CERTIFICATE I HEREBY CERTIFY THAT THE'FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABlUTY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED JULY 31,1998. THAT SAID FOREGOING: CASH: CASH ON HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERCIAL PAPER REPURCHASE AGREEMENTS U. S. TREASURY NOTES VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL 4~979~194~ 39~856~150:~ 2~3~155i56 4~ ;560,~ 13 $97i569~703~15 DATE: AUGUST 14, 1996 12 DAVID C. ANDERSON, TREASURER CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 1 MONTH ENDING JULY 31, 1996 Revenue Contributions Investment Income Gain on Sale of Investments Bond Discount Amortization Total Revenue 1996 $267,784 (920,500) (1) 1,579,730 2,758 $929,772 1995 $43,016 (1,033,871) 325,753 27,257 ($637,845) (2) Pension Payments Fees for Professional Services Bond Premium Amortization Administrative Expense Total Expenses Net Income $677,851 (181,490) (1) 26,295 8,676 531,332 $398,440 $840,480 (161,100) 20,757 3,108 703,245 ($1,341,090) (2) (1) Reversal of accruals made at June 30, 1996 (2) Reversal of accruals made at June 30, 1995 13 CITY OF ROANOKE PENSION PLAN BALANCE SHEET JULY 31, 1996 Assets Cash Investments: (market value: 1996 $206,018,225 1995 $188,867,250) Due from Other Funds Other Assets Total Assets 1996 $704,702 173,525,302 2,265 18,000 $174,250,269 1995 $545,396 157,861,454 3,466 18,000 $158,428,316 Liabilities and Fund Balance Liabilities: Due to Other Funds Total Liabilities Fund Balance: Fund Balance, July 1 Net Income - Year to Date Total Fund Balance T~tal Liabilities and Fund Balance $638,868 638,868 173,212,961 398,440 173,611,401 $174~250~269 $841,203 841,203 158,928,203 (1,341,090) 157,587,113 $158,428,316 14 MARY E PARKER, CMC/AAE Civy Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 September 10, 1996 File ~60-121-137-429 SANDRA H. EAKIN Deput~ City Clerk William H. Leighty, Director Virginia Retirement System P. O. Box 1220 Roanoke, Virginia 24006 Dear Mr. Leighty: I am enclosing copy of Resolution No. 33106-090396 making an election on behalf of the City to begin to fully fund cost of living increases for retirees participating in the Virginia Retirement System beginning July 1, 1997. Resolution No. 33106-090396 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 3, 1996. MFP:sm Enc. Sincerely, Mary F. Parker, CMCIAAE City Clerk pc: Kim M. Nicholl, Consulting Actuary, Buck Consultants, Inc., Xerox Centre, 55 West Monroe Street, Chicago, Illinois 60604 The Honorable W. Alvin Hudson, Sheriff W. Robert Herbert, City Manager James D. Grisso, Secretary, City of Roanoke Pension Plan, Board of Trustees Wilburn C. Dibling, Jr., City Attorney Doris B. Peters, Retirement Administrator Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AQENDA~a~E~E.3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1996. No. 33106-090396. A RESOLUTION making an election on behalf of the City to begin to fully fund cost of living increases for retirees participating in the Virginia Retirement System beginning July 1, 1997. WHEREAS, the Virginia General Assembly, the Governor and the Board of Trustees of the Virginia Retirement System recognize the growing liability of all employers participating in the Virgi~'nia Retirement System as a result of the current practice of funding annual cost of living increases to retirees on a pay-as-you-go basis; and WHEREAS, the Virginia General Assembly and the Governor have provided, in the budget for the 1996-98 biennium, funds to reach a level that would fully fund the cost of living increases over a five year period beginning in Fiscal Year 1998 for State employees and public school teachers; and WHEREAS, pursuant to their authority as set forth in §51.1-145, Code of Virginia (1950), as amended, the Board of Trustees of the Virginia Retirement System has agreed to allow political subdivisions the option of making contributions beginning in Fiscal Year 1998 that would either (1) begin to fully fund the cost of living increases for their employees immediately, or (2) to reach a level to fully fund the cost of living increases over a five year period. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. .The Council hereby elects to begin to fully fund the cost of living increases for its retirees immediately beginning Suly 1, 1997. 2. The Clerk is directed to forward an attested copy of this Resolution to William H. Leighty, Director, Vff~inia Retirement System. ATTEST: City Clerk. JAMES D. GRISSO Director of Finance CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 981-2821 Fax: (540) 981-2940 September 3, 1996 JESSE A. HALL Deputy Director Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: The City of Roanoke pays the contribution of the Sheriff and Jail employees participating in the Virginia Retirement System (VRS). The rate usually changes at the beginning of each fiscal year based on the actuarial evaluations for funding of the pension plan. Current accounting standards and sound financial management practices strongly encourage pension plans to prefund COLA's rather than on a pay-as-you-go basis. Historically, VRS has funded annual cost of living adjustments to retirees on a pay-as-you-go basis. The impact of this is a growing unfunded liability to the VRS pension plan. Prefunding COL.A's requires an increase in the actuarial contribution rate to the pension plan. VRS is offering two options to participating localities for the increased contribution rate. Under either option, the fiscal year 1997 rate funds the COLA's on a pay-as-you-go basis. The increased rate takes effect in fiscal year 1998. The first option is to begin to prefund the COLA's in fiscal year 1998 by paying a level employer contribution rate. The second option is to begin phasing in the prefunding of the COLA's over a five year period beginning in fiscal year 1998. The following table compares the proposed rates under either option. Please note that the rates shown below do not reflect the additional 5% employee share of the contribution rate that the City elected to pay for the employees. OPTION 1996-97 .3_,9__~_Z:_9_~- _1_,9_9__~:.,9_.,9~ 1999-00' 2000-01' Immediate Full Funding 11.31% 15.27% 15.27% 15.27% 15.27% 15.27% Five Year Phase In 11.31% 12.25% 13.19% 14.12% 15.06% 16.00% *These are estimates. Rates for the indicated years will be set in the future actuarial valuations. Honorable Mayor and Members of City Council September 3, 1996 Page 2 The estimated increase in VRS retirement contributions for FY 1998 is $173,000. As of June 30, 1994 the unfunded Pension Benefit Obligation (PBO) was $2,479,102. Net assets as a percentage of the PBO are 75.26%. Regardless of whether COLA's are prefunded immediately in fiscal year 1998 or phased in, the rates will not reduce after fiscal year 2002 because funding of the COLA's is an ongoing cost and does not cease. The sooner you reach a full funding level of contributions, however, the lower your ultimate contribution rate will be to fund the COLA's. The VRS requires governing bodies of participating localities to adopt a resolution electing which method of funding they choose. Fiscal responsibility encourages recommending the City elect the immediate full funding option that would have a level contribution rate beginning in fiscal year 1998. The accompanying resolution selects this option. JDG:s Attachment Sincerely, James D. Grisso Director of Finance C~ W. Robed Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney W. Alvin Hudson, City Sheriff Mary F. Parker, City Clerk Jesse A. Hall, DepUty Director of Finance Doris Peters, Retirement Administrator MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk September 10, 1996 File #27 Finn M. Nielsen, President Kruger, Inc. 401 Harrison Oaks Boulevard Suite 100 Cary, North Carolina 27513 Dear Mr. Nielsen: I am enclosing copy of Ordinance No. 33108-090396 accepting the bid of Infilco Degremont, Inc., in the amount of $3,938,852.00, for a Biological Aerated Filter Treatment System for the Water Pollution Control Plant Upgrade and Expansion, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 33108-090396 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 3, 1996. On behalf of the.City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. H:~AGENOA~SEPT'EMBE.3 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk September 10, 1996 File #27 Vernon D. Lucy, III Senior Vice-President, Marketing Infilco Degremont, Inc. P. O. Box 71390 Richmond, Virginia 23255-1390 Dear Mr. Lucy: I am enclosing copy of Ordinance No. 33108-090396 accepting the bid of Infilco Degremont, Inc., in the amount of $3,938,852.00, for a Biological Aerated Filter Treatment System for the Water Pollution Control Plant Upgrade and Expansion, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 33108-090396 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 3, 1996. Sincerely, Pa.~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:V~3ENDA~SEPTEMBF-3 Vernon D. Lucy, III Senior Vice-President, Marketing Infilco Degremont, Inc. September 10, 1996 Page 2 pc: Elmer C. Hodge, County Administrator, County of Roanoke, P. O. Box 29800, Roanoke, Virginia 24018-0798 Randolph M. Smith, City Manager, City of Salem, P. O. Box 869, Salem, Virginia 24153 B. Clayton Goodman, III, Town Manager, Town of Vinton, P. O. Box 338, Vinton, Virginia 24179 Gerald A. Burgess, III, County Administrator, County of Botetourt, P. O. Box 279, Fincastle, Virginia 24090 William S. M'Coy, P.E., Project Manager, Malcolm Pirnie, Inc., 11832 Rock Landing Drive, Newport News, Virginia 23606-4206 The Honorable Marsha C. Fielder, Commissioner of the Revenue W. Robert Herbert, City Manager William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management Steven L. Walker, Manager, Water Pollution Control Plant Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENDA~SEFTEMBE.3 IN THECOUNCILOFTHECITY OF ROANOKE, VIrGINIA, The 3rd day of September, 1996. No. 33108-090396. AN ORDINANCE accepting the bid of Infilco Degremont, Inc., to provide the Biological Aerated Filter (BAF) Treatment System for the Water Pollution Control Plant Upgrade and Expansion, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting aH other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Infilco Degremont, Inc., in the total amount of $3,938,852.00, for the Biological Aerated Filter (BAF) Treatment System for the Water Pollution Control Plant Upgrade and Expansion, as is more particularly set forth in the September 3, 1996, report to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Mary F. Parker, CMC/AAE cay C~.rk CITY OF ROANOKE Office of the City Clerk Slndra H. Eakin Deputy ci~ c~rk September 10, 1996 File #27-60 James D. Gdsso Director of Finance Roanoke, Virginia Dear Mr. Gdsso: I am attaching copy of Ordinance No. 33107-090396 amending and reordaining certain sections of the 1996-97 Sewage Treatment Fund Appropriations, providing for transfer and appropriation of funds totalling $3,938,852.00, in connection with a two-stage biological aerated filter treatment system at the Water Pollution Control Plant. Ordinance No. 33107-090396 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 3, 1996. ~~ d.Sincerely, Man/F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: The Honorable Marsha C. Fielder, Commissioner of the Revenue W. Robert Herbert, City Manager William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Kit B. Kiser, Director, Utilities and Operations D. Dan~in Roupe, Manager, Supply Management Steven L. Walker, Manager, Water Pollution Control Plant Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENDA~TEMB~.3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of September, 1996. No. 33107-090396. AN ORDINANCE to amend and reordain certain sections of the 1996-97 Sewage Treatment 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 1996-97 Sewage Treatment Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations capital Outlay. Renovation/Expansion - Water Pollution Control (1-2).. 1994 Sewage Treatment Plant Expansion Bonds (3) ....... $21,182,883 6,235,190 12,061,690 Revenue Due from Other Governments (4-7) ...................... $ 2,469,660 1) Appropriated from Bond Funds 2) Appropriated from Other Governments 3) Appropriated from Bond Funds 4) Due from Roanoke County 5) Due from Botetourt County 6) Due from Town of Vinton 7) Due from (003-056-8470-9001) $ 1,469,192 (003-056-8470-8999) 2,469,660 (003-056-8465-9001) (1,469,192) (003-1072) 1,150,144 (003-1073) 275,720 (003-1074) 220,576 City of Salem (003-1071} 823,220 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. September 3, 1996 Council Report No. 96-165 Honorable Mayor and Me~eFs of:City CoUncil Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT BIOLOGICAL AERATED FILTER (BAF) TREATMENT SYSTEM WATER POLLUTION CONTROL PLANT EXPANSION AND UPGRADE We, the undersigned Bid Committee, hereby submit the attached report for your consideration. ~.~e,,ctfully subm~/~d, ~'~' ~. 'William F. ~.k Kit B. Kiser JHP/LBC/kh Attachments C; City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue Manager, Water Pollution Control Plant City Manager, City of Salem Town Manager, Town of Vinton County Administrator, County of Roanoke County Administrator, County of Botetourt September 3, 1996 Council Report No. 96-165 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT BIOLOGICAL AERATED FILTER (BAF) TREATMENT SYSTEM WATER POLLUTION CONTROL PLANT EXPANSION AND UPGRADE I concur with the recommendations of the attached Bid Committee Report. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/kh Attachments C: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue Manager, Water Pollution Control Plant City Manager, City of Salem Town Manager, Town of Vinton County Administrator, County of Roanoke County Administrator, County of Botetourt September 3, 1996 Council Report No. 96-165 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT BIOLOGICAL AERATED FILTER (BAF) TREATMENT SYSTEM WATER POLLUTION CONTROL PLANT EXPANSION AND UPGRADE 1. Backoround on the subject in chronological order is as follows: The City's consultin_o enoineer. Malcolm Pirnie. Inc.. advised the City that although there were two potential suppliers that had similar BAF Treatment Systems, the systems were not compatible. In order to avoid having to provide two sets of plans and drawings for the upgrade for the project, a selection of the key provider had to be made for the plans to be finalized so that Malcolm Pirnie could then prepare contract documents for the remainder of the expansion and upgrade of the Water Pollution Control Plant. In light of that requirement, the City determined that it would advertise bids for a BAF Treatment System that could then be assigned to the general contractor for the job after the key supplier had been selected. This is a !urisdictional oroiect with Roanoke County, Botetourt County, City of Salem and Vinton. Proiect has been bid twice prior to this biddino. City Council rejected these bids on May 6, 1996 and July 1, 1996 due to nonresponsive bids and/or exceptions taken to the Procurement Documents. After proper advertisement, bids were received for the third time on August 13, 1996, by D. Darwin Roupe, Manager, Office of Supply Management, for the BAF Treatment System for the expansion and upgrade at the Water Pollution Control Plant. II. Curr~nt situation is as follows: Bids were received from the two qualified firms with the Iow base bid of t~:~,938.852 being submitted by Infilco Degremont, Inc., which the City's consulting engineer recommends be accepted by the City. There were no exceotions taken to the reouirements of the contract documents noted on either Bid Form. 0nly ,5% of the City's share under the intedurisdictional agreement of the cgntract amount ($73.460) will be reouired for production of shod drawinos. The rest of the procurement agreement contract will be assigned to the general contractor when the construction contract is executed. Honorable Mayor and Members of City Council BID COMMITTEE REPORT BIOLOGICAL AERATED FILTER (BAF) TREATMENT SYSTEM WATER POLLUTION CONTROL PLANT EXPANSION AND UPGRADE September 3, 1996 Page 2 III. Issues in order of importance are as follows: Comoliance of the bidders with the reouirements of the contract documents for biddin_o Amount of the bid Fundino Time IV. Alternatives in order of feasibility are as follows: Award a lUmD sum ~;Qntr~ct to Infilco Degremont, Inc., for the base bid sum of $3,938,852 for the two-stage BAF treatment system, in accordance with the recommendation of the City's consulting engineer. Compliance of the bidders with the re(~uirements of the c(~ntract documents for biddino were met. Amount of the bid is within the bid estimate for this portion of the project. Funding for the City's share of $1,469,192 ($3,938,852 x 37.3%) is available from the 1994 Sewage Treatment Plant Expansion Bonds in account number 003-056-8465-9001. Remaining funding of $2,469,660 will be provided by the other participating localities, as agreed upon in the 1994 Sewage Treatment Agreement. 4. Time of completion would not be delayed. B. Reiect the bids and do not award a contract at this time. Compliance of the bidders with the reouirements of the contract documents for biddin_o would not be an issue. 2. Amount of the bid would change, as it has in the previous two bids. 3. Fundina would not be encumbered at this time. 4. Time of completion would be extended. Honorable Mayor and Members of City Council BID COMMITTEE REPORT BIOLOGICAL AERATED FILTER (BAF) TREATMENT SYSTEM WATER POLLUTION CONTROL PLANT EXPANSION AND UPGRADE September 3, 1996 Page 3 Recommendation of the bid committee is as follows: City Council concur in alternative "A" and take the following actions: Authorize the City Manager to enter into a contractual egre~ment, in form approved by the City Attorney, with Infilco Degremont, Inc., to provide the Biological Aerated Filter (BAF) Treatment System in accordance with the Procurement Documents as prepared by Malcolm Pirnie, Inc., consulting engineers, in the amount of $3,938,852. Transfer $1,469,192 from Sewage Fund account number 003-056-8465-9001 to the Renovation/Expansion Water Pollution Control account number 003-056-8470-9001. Appropriate $2,469,660 to the same account from funds to be provided from other localities. Establish an accounts receivable in the same amount. C. Reiect the other bid received. WRH/LBC/kh Attachments C' City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue Manager, Water Pollution Control Plant City Manager, City of Salem Town Manager, Town of Vinton County Administrator, County of Roanoke County Administrator, County of Botetourt B>~ MALCOLM PIRNIE, INC. ENVIRONMENTAL ENGINEERS, SCIENTISTS & PLANNERS August 15, 1996 Mr. L. Bane Coburn Civil Engineer City of Roanoke Municipal Building, Room 350 215 Church Ave., S.W. Roanoke, Virginia 24011 Re; Roanoke WPCP Upgrade and Expansion Project Biological Aerated Filter Treatment System Bid No. 96-1-33 Dear Mr. Coburn: Two bids were received and opened on August 13, 1996 for the biological aerated filter (BAF) treatment system procurement portion of the Roanoke Water Pollution Control Plant Upgrade and Expansion project. An abbreviated bid tabulation, showing the Total for Bid Evaluation and Total Base Bid amounts of the two bidders, is provided below. The Total for Bid Evaluation is the Total Base Bid plus the estimated cost of the cast-in-place concrete to be provided by others, and required to construct the proposed BAF treatment system. A detailed bid tabulation is provided in Table No. 1. The bidders were not required to bid both the single and two stage BAF treatment systems. Both bidders were listed in the Procurement Documents as qualified BAF treatment system manufacturers. Bidder/System Infilco Degremont, Inc.: (Two-Stage System) Kruger, Inc.: (Single Stage System) Total Base Bid $3,938,852 Total Bid for Ev~l~ation $5,445,000 $4,246,800 $5,590,000 Bothbidswereaccompaniedby abid security and both bidders acknowledged receipt ofthe one addendum. 11832 ROCK LANDING DRIVE NEWPORT NEWS, VA 23606-4206 ~4-873-87~ FAX 804-873-8723 RECYCLED PAPER Mr. L. Bane Coburn City of Roanoke August 15, 1996 Page 2 We have evaluated the bid submitted by Infilco Degremont, Inc. Infilco Degremont, Inc. is a qualified BAF treatment system manufacturer and is capable of providing the biological aerated filter treatment system as specified in the Procurement Documents. Contingent upon satisfactory legal review by the City's attorney, we recommend that a contract be awarded to Infilco Degremont, Inc. in the amount of $3,938,852.00. Please contact me if you have any questions or require additional information. Very truly yours, MALCOLM PIRNIE, INC. William S. M'Coy, P.E. Project Manager scp 0060-028 J. P. Noonan, Malcolm Pirnie, Inc. G. I. Jacobs, Malcolm Pimie, Inc. WSML0815 RECYCLED PAPER MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 September 10, 1996 File ~27-28-223-468 SANDRA H. EAKIN Deputy City Clerk Lloyd R. Clingenpeel, Manager Real Estate and Contract Services Norfolk Southern Corporation 110 Franklin Road, S. E. Roanoke, Virginia 24042-0059 Dear Mr. Clingenpeel: I am enclosing copy of Ordinance No. 33109-090396 authorizing the proper City officials to acquire from the Virginia Holding Corporation, a permanent storm drainage easement and temporary construction easement across a parcel of land beadng Official Tax No. 4013802, for the consideration of $4,405.00, in connection with the Luck Avenue Storm Drain Project, upon certain terms and conditions. Ordinance No. 33109-090396 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 3, 1996. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney James D. Gdsso, Director of Finance Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENOA~.~=~,; ~IBE.3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1996. No. 33109-090396. AN ORDINANCE authorizing the acquisition of certain easements needed by the City for the Luck Avenue Storm Drain Project; upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The proper City officials are authorized to acquire for the City from the Virginia Holding Corporation, a permanent storm drainage easement and temporary construction easement across a parcel of land bearing Official Tax No. 4013802, for the consideration of $4,405.00, as more specifically set forth in the report to this Council dated September 3, 1996. Any and all documents shall be approved by the City Attorney. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H:\ORD~)-LUCK-V. I September 3, 1996 Report No. 96-346 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Acquisition of Easements Luck Avenue Storm Drain Project The attached staff report was considered by the Water Resources Committee at its regular meeting on August 19, 1996. The Committee recommends that Council authorize the City Manager or the Assistant City Manager and the City Clerk to execute and attest, respectively, the necessary documents in a form approved by the City Attorney, to purchase the easements, in accordance with conditions stated in the attached report. .emnSd~ectfully submitted, ' da F. Wyatt, Chairperson Water Resources Committee LFW:KBK:afm Attachments cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations D. D. Daniels, Assistant to City Manager for Community Relations Charles M. Huffine, City Engineer Diane So Akers, Budget Administrator Lloyd R. Clingenpeel, Manager, Real Estate, Norfolk Southern Report No. 96-346 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: August 19, 1996 Members,~Water Resources Committee it B. Kiser, Director, Utilities and Operations thru W. Robert Herber~anager Acquisition of Easements Luck Avenue Storm Drain Project Background in chronological order is as follows: The Luck Avenue Storm Drain Project was included in the 1990 Bond Referendum. The widening of Franklin Road required enlarging the storm drain system downstream of the project. Construction of a portion of the Project was completed in 1993 The Project was split due to insufficient funding and the inability to obtain necessary easements across property owned by Virginia Holding Corporation which is currently leased to The Firestone Tire & Rubber Company. (See attached plat.) An appraisal by a qualified independent real estate appraiser done in 1991 established the fair market value of the temporary construction and permanent storm drain easements at Four Thousand Four Hundred Five Dollars ($4,405). II. Current Situation is as follows: Ao Virginia Holding Company has agreed to convey the necessary temporary construction and permanent storm drain easements by special warranty deed for the consideration of $4,405, with the provision that we remove all facilities placed in the storm drain easement and restore the property should the easement ever be abandoned. (See proposed Deed of Easement attached.) Members, Water Resources Committee August 19, 1996 Acquisition of Property Luck Avenue Storm Drain Project Page 2 Authorization is needed to move forward with acquisition of property rights. III. Issues in order of importance are: A. Need B. Cost C. Funding IV. Alternatives in order of feasibility are: Committee recommends that City Council authorize the acquisition of temporary construction and permanent storm drain easements across Virginia Holding Corporation property, identified by Tax No. 4013802, for a cost of $4,405. Need of easements has been documented in design of the project. Cost to City for acquisition of the easements is $4,405, which is considered to be reasonable. Funding is available in Miscellaneous Storm Drain Account 008- 052-9688-9065. Committee does not recommend that City Council authorize the acquisition of temporary construction and permanent storm drain easements across Virginia Holding Corporation property, identified by Tax No. 4013802, for a cost of $4,405. 1. Need of easements has been documented in design of the project. 2. Cost to City for acquisition of the easements may increase. Members, Water Resources Committee August 19, 1996 Acquisition of Property Luck Avenue Storm Drain Project Page 3 Funding will remain in Miscellaneous Storm Drain Account 008- 052-9688-9065. Committee's Recommendation is that City Council approve Alternative "A", and authorize the City Manager or the Assistant City Manager and the City Clerk to execute and attest, respectively, the necessary documents, in a form approved by the City Attorney, to purchase the easements. WRH/KBK/SEF/ Attachments CC: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Budget Administrator Manager, Real Estate and Contract Services, Norfolk Southern Corp., Franklin Street, S.E., Roanoke, VA 24042-0059 110 NORFOLK SOUTHERN Norfolk Southern Corporation Real Estste and Contract Sawicas 110 Franklin Street, SE Roanoke, VA 24042-0059 L. R. Clinge~peel Manager Real Estate My Direct Line Is: Phone: (540) 981-4909 FAX: (S40) 981-4226 July 1, 1996 File: Roanoke, Virginia City of Roanoke (Luck Avenue Bypass) Ms. Sarah E. Fitton Engineering Coordinator City of Roanoke 215 Church Avenue, S. W. Roanoke, VA 24011-1587 IIECEIVI:'D JUL 8 OFRCE OF CITY ENGINEER Dear Ms. Fitton: This is in response to your letter of June 25, 1996 to Mr. Jerry Causey concerning the status of the easement for the Luck Avenue storm drainage project in Roanoke, Virginia. In an effort to finally resolve this matter, we are willing to convey the easement to the City of Roanoke by special warranty based on the initial offer of $4,405. Trusting this is acceptable to the City, Mr. Causey is arranging for revision of the document and fi~rnishing same to me for closing. Upon receipt of the revised document, I will contact you and schedule closing. In the interim, if you have any questions, please do not hesitate to contact me. Sincerely, Lloyd R. Clingenpeel CC: Jerry L. Causey, Esq. Operating Subsio aries: Norfolk Southern Railway Company / North American Van Lines, Inc, DEED OF EASEMENT THIS INDENTURE, made and entered into this/_~day of c~¥ ,19 ~ ~ , / by and between VIRGINIA HOLDING CORPOKATION, a corporation organized and existing under the laws of the Commonwealth of Virginia, having its principal office in Norfolk, Virginia, Grantor, and the CITY OF ROANOKE, an instrumentality of government created pursuant to the laws of the Commonwealth of Virginia, Grantee: WITNESSETH: That the said Grantor, for and in consideration of the sum of FOUR THOUSAND FOUR HUNDRED FIVE AND NO/100 DOLLARS ($4,405.00), and other valuable consideration, paid by Grantee to Grantor, the receipt whereof is hereby acknowledged, does by these presents, GRANT A_ND CONVEY with Special Warranty unto Grantee, an easement or fight of way for the construction, operation, maintenance, repair, replacemem and, if necessary, removal of a storm sewer pipeline and related facilities and appurtenances and does hereby assign, transfer and set over any and all fight, title and interest it may have in and to said storm drainage facilities, said easement being under and across the land as hereinai~er described, being situated in the City of Roanoke, Commonwealth of Virginia, to wit: AN EASEMENT OR RIGHT OF WAY under and across all that piece or parcel of land situated, lying and being in the City of Roanoke, Commonwealth of Virginia, and being more particularly described as follows to wit: Commencing at the intersection of the southerly right of way line of Campbell Avenue, S.E., as extended and the easterly right of way line of Williamson Road, S.E., then go in a southerly direction along the easterly right of way line of Williamson Road, S.E., South 01°13'16'' West for a distance of 197.95 feet; then go along an arc of curve to the right, said arc having a chord beating of South 06°37'19'' West, length of 62.28 feet, radius of 330.86 feet, an arc distance of 62.38 feet to a point; then go along an arc ora curve to the right, said arc having a chord beating of South 15°19'44'' West, length of 38.16 feet, radius of 330.86 feet, an arc distance of 38.18 feet to the POINT OF BEGINNING; thence, South 00°08'14'' West for a distance of 53.05 feet to a point; thence, North 88°53'44'' West for a distance of 13.84 feet to a point; thence, North 01°13'16'' East for a distance of 18.00 feet to a point; thence, North 22°26'53'' East for a distance of 15.34 feet to a point; thence, along an arc ora curve to left, said arc having a chord beating of North 20o32'29'' East, length of 22.02 feet, radius of 330.86 feet, an arc distance of 22.02 feet to the POINT OF BEGINNING. Said piece or parcel of land containing 0.011 of an acre, more or less. SUBJECT, however, to such easements and restrictions as may appear of record or as may be apparent from an examination of the premises. TO HAVE AND TO HOLD the above described easement unto Grantee, its successors and assigns, so long as it or they may require the same for the purposes granted; PROVIDED, however, that this conveyance is made by Grantor upon the conditions, (a) that Grantor shall not be required to assume any expense in connection with or incident to any construction, maintenance, use or repair of any of Grantee's structures located within said easement area and shall be exempt from any and all charges, costs or assessments of any kind or character on account of the construction, maintenance, use or repair of any structures located within said easement area under and across the aforesaid parcel of land; (b) if, at any time, Grantee shall determine that the easement herein granted shall no longer be used or required by Grantee, its successors or assigns, for the purposes which granted, the same shall terminate and revert to the Grantor, its successors or assigns; and (c) upon termination of the easement for any reason, Grantee shall remove all facilities placed within the easement area and restore the property to a condition acceptable to Grantor's chief engineering officer. 2 AND the said Grantor for itself, its successors and assigns, will, except as hereinabove provided, warrant and forever defend the right and title to the property described above unto the said Grantee, its successors and assigns, against all persons lawfully claiming, or to claim the same by, through or under Grantor, but not otherwise. Grantee is a city which is exempt pursuant to the provisions of Section 58.1-811 (A)(3) of the Code of Virginia (1950), as amended from payment of recordation taxes. IN WITNESS WHEREOF, the said Grantor, have caused these presents to be signed by its Real Estate Manager and its corporate seal attested by its Assistant Secretary, to be hereunto affixed the day and year first above written. AT;EST: VIRGINIA HOLDING CORPOKATION By This instrument prepared by: Jerry L. Causey Attorney at Law Norfolk Southern Corporation 600 West Peachtree St. N.W. Suite 1701, One Georgia Center Atlanta, Georgia. 30308-3603 1 I/3/94; my. 7/'J/96 STATE OF GEORGIA ) ) ss COUNTY OF FULTON ) Onthis I~'~ dayof ~l ,1996, before me appeared ~. ~' ~4'~--~ ,to me personally known, who being by me duly sworn, did say that he is Real Estate Manager of Virginia Holding Corporation, a corporation of the Commonwealth of Virginia, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation, by authority ofits Board ofDirectors, and said ~, ~, ~~~ acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the above County and State, the day and year first above written. Notary Public t My commission expires: 4 I {~URV[~ RADIUS LENGTH TANGENT CHORD BEARING DELTA ',,._.e~.'l 530.86! .... !22.58' 62.00' 121.88' N 11'50'05' E 1~' C-2 330.86' 22.02' 11.01' 22.02' N 20'32'29" E 03'48'48" C-`3 330.86' 38.18' 19.11' ,38.16' --N 15'19'44' E 06'36'4.3' C-4 ,330.86' 62.38' 31.28' ,, 62.28' N 06',37'19' E 10'48'06" C-5 25.00' 39.24' 24.97' ,35.33' S 46'10'56" W 89'55'21" CAMPBELL AVENUE, S.E, · S 88'51'23" E  97.35' - KIRK AVE. S.E. -1 TAX ~4013802 PROPERTY OF VIRGINIA HOLDING CORPORATION LEASED BY THE.. FIRESTONE TIRE & RUBBER COMPANY D.B. 1303. PG. 125 NEW STORM DRAIN EASEMENT LINE DIRECTION DISTANCE 1-2 N 01'13'16" E 18.00' 2-3 N 22'26'53" E 15.34' 3-4 N 20'32'29" E 22.02' CH. 4-5 S 00'08'14" W 53.05' 5-1 N 88'53'44" W 13.84' TOTAL AREA = 0.011 Ac. NEW 10° TEMPORARY CONSTRUCTION EASEMENT LINE DIRECTION DISTANCE 5-4 N 00'08'14" E 53.05' 4-6 N 15'19'44" E 38.16' CH. 6-7 S 00'08'14" W 90.05' 7-5 N 88'5.3'44" W 10.00' TOTAL AREA = 0.016 Ac. N 2 '26'53" E ~ 215 34' ~ ~ ..... EXIS~NG SIGN ' /~ ~~ ~ TAX ~4013803 N 01'13'16" E~ .,.~,, ~ . ~ PROPER~ OF 18 00' /~ ~ N 88'53'44' W / ~ ~E CITY OF ROANOKE ' /~ ~ 1105.42'(TOTAL) / D.B. 1350, PG. 457 / / o.a. ~35s, P~.  ORDINANCE ~22138 PLAT NEW STORM DRAIN EASEMENT NEW 10' TEMPORARY CONSTRUCTION EASEMENT BEING GRANTED BY  VIRGINIA HOLDING CORPORATION THE CITY OF ROANOKE FOR PUBLIC USE /-. SCALE: 1" = 50' DATE: 16 APRIL 1991 /~?- · LUMSDEN ASSOCIATE.~, P.C. MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 September 10, 1996 File #27-65-223-322-468 SANDRA H. EAKIN Deputy City Clerk Lloyd R. Clingenpeel, Manager Real Estate and Contract Services Norfolk Southern Corporation 110 Franklin Road, S. E. Roanoke, Virginia 24042-0059 Dear Mr. Clingenpeel: I am enclosing copy of Ordinance No. 33110-090396 authorizing the proper City officials to enter into agreements, on behalf of the City, with the Norfolk and Western Railway Co., to allow the City to construct, remove, replace, install, maintain, and operate a sanitary sewer pipeline across property owned by the railroad, in an amount not to exceed $15,000.00 without further authorization by Council, in connection with the Tinker Creek Interceptor Sewer System. Ordinance No. 33110- 090396 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 3, 1996. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:sm Enc. pc: W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney James D. Gdsso, Director of Finance Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Chades M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator Diane S. Akers, Budget Administrator, Office of Management and Budget Glenn A. Asher, Risk Management Officer H:~AGENDA~=FTEMBE.3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1996. No. 33110-090396. AN ORDINANCE authorizing the proper City officials to enter into agreements, on behalf of the City, with the Norfolk and Western Railway Company to allow the City to construct, remove, replace, install, maintain, and operate a sanitary sewer pipeline across property owned by the railroad; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, agreements with Norfolk and Western Railway Company to allow the City to construct, remove, replace, install, maintain, and operate a sanitary sewer pipeline across property owned by the railroad. The total consideration to be paid to the 'railroad pursuant to these agreements shall not exceed $15,000.00 without further authorization by Council. Such agreements may provide for indemnification by the City, as more particularly set forth in the report of the Water Resources Committee dated September 3, 1996, and shall contain any other reasonable terms and conditions deemed necessary and appropriate by the City Manager. The form of these agreements shall be approved by the City Attorney. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H:~3'RD~(OTC-N%VP. I September 3, 1996 Report No. 96-350 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Railway License Agreements for Tinker Creek Interceptor Sewer System The attached staff report was considered by the Water Resources Committee at its regular meeting on August 19, 1996. The Committee recommends that Council authorize the City Manager to execute the necessary agreements with Norfolk and Western Railway in a form approved by the City Attorney, to construct, remove, replace and maintain the sanitary sewer pipeline located on railroad property, in accordance with conditions stated in the attached report. Resp~ctful. ly submitted, . y t, Chai~rperson Water Resources Committee LFW:KBK:afm Attachments CC: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations D. D. Daniels, Assistant to City Manager for Community Relations Charles M. Huffine, City Engineer Diane S. Akers, Budget Administrator Report No. 96-350 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: THRU: SUBJECT: August 19, 1996 Members, .Water Resources Committee · Kiser, Director.% Utilities and Operations W · Robert Her e~rt, City Manager RAILWAY LICENSE AGREEMENTS FOR TINKER CREEK INTERCEPTOR SEWER SYSTEM ~ on the subject in chronological order is as follows: Tinker Creek Interceotor Sewer Project consists of replacing the existing 36" sewer line with a 48" sewer line from Orange Avenue to Glade Creek and replacing the existing 42" sewer line with a 54" sewer line from Glade Creek to the Water Pollution Control Plant. II. Current situation is as follows: Project will follow Norfolk and Western Railwoy property on the opposite side of the Roanoke River from the Water Pollution Control Plant· Agreements are reauired with Norfolk and Western Railway to allow the City to construct, remove, replace, and maintain the sanitary sewer pipeline across property owned by the railroad. In order to allow the City to do this work, the railroad requires the City to indemnify the railroad. III. Issue8 in order of importance are as follows: A. Cost B. Funding C. Project schedule IV. ~[t~,~3~t[.~ff~ in order of feasibility are as follows: Committee recommends that City Council authorize the City Manager to execute the aoDroDriate aoreements with Norfolk and Western Railway, in a form approved by the City Attorney, to construct, remove, replace, and maintain the sanitary sewer pipeline located on railroad property and to Members, Water Resources Committee RAILWAY LICENSE AGREEMENTS FOR TINKER CREEK INTERCEPTOR SEWER SYSTEM August 19, 1996 Page 2 indemnify the railroad of liability related to such construction, removal, replacement, and maintenance. Cost of agreements with Norfolk and Western Railway is currently being negotiated, but will not exceed ~ 15,000, Funding is available in the Tinker Creek Interceptor Sewer account number 003-056-8468-9001. Proiect schedule requires that agreements be executed as quickly as possible. Committee does not recommend that City Council authorize the City Manager to execute the a~ororiate a(~reements with Norfolk and Western Railwev. 1. Cost of railway agreements would not be an issue. Funding would remain in the Tinker Creek Interceptor Sewer account number 003-056-8468-9001, 3. Proiect schedule will be delayed. Committee recommend~ that City Council concur in Alternative "A" and authorize the City Manager to execute the necessary agreements with Norfolk and Western Railway in a form acceptable to the City Attorney. WRH/KBK/SEF/kh CC: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Engineering Coordinator Budget Administrator Mary F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin r~puty city C~rk September 10, 1996 File #2-30-53-217-237-468-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33112-090396 providing for acquisition of property dghts needed by the City for construction of the Montciair and Lower North Lakes Detention Basins in connection with the Peters Creek Flood Reduction Project; authorizing you to fLx a certain limit on the consideration to be offered by the City;, providing for the City's acquisition of such property dghts by condemnation, under certain circumstances; and authorizing the City to make motion for the award of a dght of entry on any of the parcels for the purpose of commencing the project. Ordinance No. 33112-090396 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 3, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: ~ Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Chades M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Sarah E. Fitton, Engineering Coordinator Diane S. Akers, Budget Administrator, Office of Management and Budget Kit B. Kiser, Director, Utilities and Operations Glenn A. Asher, Risk Management Officer H:~AO ENDA~=P'TEM BE. 3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1996. No. 33112-090396. AN ORDINANCE providing for the acquisition of property rights needed by the City for the construction of the Montclair and Lower North Lakes Detention Basins in connection with the Peters Creek Flood Reduction Project; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the construction of the Montclair and Lower North Lakes Detention Basins in connection with the Peters Creek Flood Reduction Project, the City wants and needs certain fee simple interests, temporary construction easements, permanent easements, and rights of ingress and egress, as more specifically set forth in the report and Attachments thereto, to this Council dated September 3, 1996, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from the respective owners the necessary interests and appropriate ancillary rights with respect to the parcels, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid parcels, such consider- ation as he deems appropriate for the necessary interests, provided, however, the total consideration offered or expended shall not exceed $500,000.00 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed or option, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective consideration to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate in which an interest in property is required or should any owner be a person under a disability and lacking capacity to convey such interest or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property rights. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to S25-46.8, Code of Virginia (1950)~ as amended, granting to the City a right of entry for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to drawn and pay into court the sums offered to the respective owners. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H:\ORD\O-PC-BAS.A Mary F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk Sandra H. F. akin Deputy City Clerk September 10, 1996 File #2-30-53-60-217-237-468-514 James D. Gdsso Director of Finance Roanoke, Virginia Dear Mr. Gdsso: I am attaching copy of Ordinance No. 33111-090396 amending and reordaining certain sections of the 1996-97 Capital Projects Fund Appropriations, providing for the transfer of $71,000.00, for the Montclair and Lower North Lakes Detention Basins, in connection with the Peters Creek Flood Reduction Project. Ordinance No. 33111-090396 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 3, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attomey William F. Clark, Director, Public Works Chades M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Sarah E. Fitton, Engineering Coordinator Diane S. Akers, Budget Administrator, Office of Management and Budget Kit B. Kiser, Director, Utilities and Operations Glenn A. Asher, Risk Management Officer H:~AG ENDA~'rEMBE.:~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of September, 1996. No. 33111-090396. AN ORDINANCE to amend and reordain certain sections of the 1996-97 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 1996-97 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: appropriations Other Infrastructure Peters Creek Land Acquisition (1) ................. Peters Creek Additional Engineering (2) ........... $ 6,145,534 50,000 21,000 Capital Improvement Reserve $ 21,407,116 Public Improvement Bonds - Series 1992A (3) ....... 2,231,754 1) Appropriated from Bond Funds (008-056-9656-9001) $ 2) Appropriated from Bon~ Funds (008-056-9657-9001) 3) Storm Drains (008-052-9700-9176) 50,000 21,000 (71,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. September 3, 1996 Report No. 96-351 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Peters Creek Flood Reduction Project The attached staff report was considered by the Water Resources Committee at its regular meeting on August 19, 1996. The Committee recommends that Council take the following specific actions: Authorize city staff to acquire, in a form acceptable to the City Attorney, all property rights necessary for the construction of the Montclair and Lower North Lakes Detention Basins by negotiation and, if necessary, eminent domain. o Transfer $50,000 from Public Improvement Bonds Series 1992A account number 008-052-9700-9176 to a new Capital Projects fund to be established by the Director of Finance entitled Peters Creek Land Acquisition. o Transfer $21,000 from Public Improvement Bonds Series 1992A account number 008-052-9700-9176 to a new Capital Projects fund to be established by the Director of Finance entitled Peters Creek Additional Engineering. Respectfully submitted, ~nd~a t t ,~' Ch~~l r~n Water Resources Committee LFW:KBK:afm Attachments cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations D. D. Daniels, Assistant to City Manager for Community Relations Charles M. Huffine, City Engineer Ellen Evans, Construction Cost Technician Rosemary Trussell, Accountant, Contracts and Fixed Assets Diane S. Akers, Budget Administrator CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION Report No. 96-351 DATE: TO: FROM: THRU: SUBJECT: August 19, 1996 IVJcmber~, Water Resources Committee ~. Kiser, Director, Utilities and Operations W. Robert Herber(~t, ~ity Manager PETERS CREEK FLOOD REDUCTION PROJECT Backoround on the subject in chronological order is as follows: Peters Creek is a multi-iurisdictional watershed that flows in a southward direction from its headwaters located north of Interstate 81. The watershed is located in the extreme northwest quadrant of the City and extends into Roanoke County. Laroe numbers of residences and businesses are located in the Iow Ivino are~.s adjacent to Peters Creek and its tributaries. These areas experience periodic flooding. Co The 1990 Bond Referendum. which was anDroved bv our citizens, contained $4.000.000 to address these flooding problems at 100% local cost. A four phase flood reduction Dian was orel;)ared by City staff in coordination with the consulting engineer, Mattern & Craig, Inc. The four phases are as follows: Phase I: Provided for channel widening and the replacement of five (5) roadway culverts. Cost: $1,088,498 Phase I1: Provided for clearing debris from approximately 20,000 linear feet of channel. Cost: $253,000 Phase IIh Provides for the construction of two regional detention basins. Two basins are proposed to be located just north of Peters Creek Road and are designed to store excess runoff and release at a reduced rate. Both basins are located in Roanoke County. Estimated Cost: $1,600,000 Phase IV: Provides assistance to homeowners and businesses to support floodproofing improvements. Estimated Cost: $686,569 Members, Water Resources Committee PETERS CREEK FLOOD REDUCTION PROJECT August 19, 1996 Page 2 The first two phases are complete and have provided significant improvement to area residents. This report deals with the implementation of Phase III, Detention Basins. Phase IV of the project will be initiated upon completion of Phase II1. Remaining bond funds will be allocated to Phase IV of the project. II. Current situation is as follows: Two reoional detention basins are orono8ed to be constructed. One is known as the Montclair Basin (see Attachment A) and the other is the Lower North Lakes Basin (see Attachment B). Both basins are to be located on vacant land in Roanoke County. The estimated cost for both basins is $1,600,000 including land costs. Prooertv riohts in 15 Darcels are needed to construct both basinsJ The Montclair Basin requires property rights in 9 parcels at an estimated cost of $250.000; the Lower North Lakes Basin requires property rights in 6 parcels at an estimated cost of $200.000. Attached is a listing of properties tabulated by owner, address, and Roanoke County tax assessment number (see Attachment C). It is expected that purchase options for the necessary land rights can be acquired for $50.000. Roanoke Valley Regional Stormwater Manaoement Plan is being prepared by Dewberry & Davis, an engineering consultant to the Fifth Planning District Commission. Peters Creek is one of the study watersheds. The consultant has identified additional prospective stormwater management sites in the upper reaches of Peters Creek that may yield additional flood reduction benefits to the city and county residents and businesses located in the Iow lying areas of Peters Creek. The feasibility of these sites will require additional study by the consultant. III. Issues in order of importance are as follows: A. Pro!ect schedules B. Fundino IV. Alternatives in order of feasibility are as follows: Authorize acouisition of purchase options for all property rights necessary to construct the Montclair and Lower North Lakes Basins by negotiation. Additionally, authorize staff to enter into an agreement with Dewberry & Davis to study two additional stormwater management sites located in the upper reaches of Peters Creek at a cost of $21.000. Members, Water Resources Committee PETERS CREEK FLOOD REDUCTION PROJECT August 19, 1996 Page 3 Pro!ect schedul~ will be maintained. The property rights acquisition phase of the project is estimated to take approximately six to nine months. The projects could be ready for bid advertisement in the Spring of 1997. Fundin_o is available in Public Improvement Bonds Series 1992A account number 008-052-9700-9176. Do not authorize acouisition of all necessary oronertv rioht.~ for the Montclair and Lower North Lakes Basins or provide for the study of the additional stormwater management sites. 1. Proiect schedule will be indefinitely delayed. 2. Funding will remain available. Recommendation is that City Council concur in Alternative A, and take the following specific actions: Authorize city staff to acouire, in a form acceptable to the City Attorney. ~11 property riQhts necessary for the construction of the Montclair and Lower North Lakes Detention Basins by negotiation and, if necessary, eminent domain. Transfer $50.000 from Public Improvement Bonds Series 1992A account number 008-052-9700-9176 to a new Capital Projects fund to be established by the Director of Finance entitled Peters Creek Land Acquisition. Transfer $21.000 from Public Improvement Bonds Series 1992A account number 008-052-9700-9176 to a new Capital Projects fund to be established by the Director of Finance entitled Peters Creek Additional Engineering. WRH/KBK/PCS/fm/kh Attachments C: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Engineering Coordinator Accountant, Contracts and Fixed Assets Budget Administrator ATTACHMENT A I I I ! ! ~ III ! ! ! , 000 D Z Z ATTAChmENT B o o 0 O00 0o Attachment C City of Roanoke, Virginia Peters Creek Flood Reduction Proiect Affected Property Owners: A. Montclair Basin Owner & Address Charles C. Harris 5956 Cove Road ~ Larry G. Conner & Ida Jane E. Conner 6012 Cove Road Keith L. & Lettia A. Smith 2965 Emissary Drive Henry R. III & Shirley J. Kiser 2959 Emissary Chad 2971 Drive J. Wright Emissary Drive Bruce M. & Melissa C. Glass 2951 Emissary Drive Patrick & Andrea B. Slachtowski 294.7 Emissary Drive Cowan C. & Doris K. Edwards 294.1 Emissary Drive John C. & Kimberly L. Byles 2979 Emissary Drive B. Lower North Lakes Basin Carlos B. & Patricia R. Hart Peters Creek Road Fralin & Waldron, Inc. Layman Candy Co., Inc. Fralin & Waldron, Inc. Vinson B. & Lesta K. Simpson Linda K. Winge 4.914. North Spring Drive Tax Map 36.15-1-10 36.15-1-2 36.19-1-1.11 36.19-1-1.10 36.19-1-1.12 36.19-1-1.8 36.19-1-1.7 36.19-1-1.6 36.19-1-1.13 37.17-1-2 37.13-4-3.1 37.13-4.-3 37.13-4.-7 37.13-4.- 1 37.13-3-32 Zoning Classification R-1 C-2 R-1 R-1 R-1 R-1 R-1 R-1 R-1 C-2 C-2 C-2 R-3 R-2 R-1 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 September 10, 1996 File #51 SANDRA H. EAKIN Deputy City Clerk William H. Lester CSW Associates 3807 Brandon Avenue, S. W. Roanoke, Virginia 24018-1478 Dear Mr. Lester: I am enclosing copy of Ordinance No. 33098-090396 rezoning a tract of land located on the northerly side of Lee Highway and the westerly side of Aerial Way Drive, S. W., containing 16.30 acres, more or less, identified as a portion of Official Tax No. 5200122, from LM, Light Manufacturing District, to RM-2, Residential Multi-family, Medium Density District, subject to certain conditions proffered by the petitioner in the Fourth Amended Petition filed in the Office of the City Clerk on July 17, 1996. Ordinance No. 33098-090396 was adopted by the Council of the City of Roanoke on first reading on Monday, August 19, 1996, also adopted by the Council on second reading on Tuesday, September 3, 1996, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. H:~.AGENDA~.~EPTEM BE. 3 Wtlli,~m H. Lester CSW Associates September 10, 1996 Page 2 pc: Ms. Pat Miley, Civil Engineer, Balzer and Associates, 1208 Corporate Circle, S. W., Roanoke, Virginia 24018 NAD Properties & Paul A. Powell Trust, P. O. Box 1013, Salem, Virginia 24153 Lewis-Gale Building Corporation, 1802 Braeburn Drive, Salem, Virginia 24153 Mr. and Mrs. Jerry Conner, 426 N. Market Street, Salem, Virginia 24153 Ms. Martha A. Cook, 451 Highfield Road, Salem, Virginia 24153 Brandon Avenue - Littreal Partnership, c/o Gertrude Winston, P. O. Box 588, Leesburg, Virginia 22075 McBal Corp., 1208 Corporate Circle, S. W., Roanoke, Virginia 24018 Lee-Hy Manor Associates, 3780 Stratford Park Drive, S. W., Roanoke, Virginia 24018 Lee-Hy Manor Associates, c/o F & B Developers, Att. Mr. Jim Harmon, 4139 Brandon Avenue, S. W., Roanoke, Virginia 24018 Norfolk Southern Corporation, c/o Property Tax Department, 110 Franklin Road, S. E., Roanoke, Virginia 24042-0059 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission H:~AGENDA~,~EPTEMBE.$ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 1996. No. 33098-090396. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 520, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, CSW Associates has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to RM-2, Residential Multifamily,. MediumDensity 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 S36.1-693, Code of the City of Roanoke (1979), as amended, and-after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on August 19, 1996, after due and timely notice thereof as required by ~36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation 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 S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 520 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain 16.30-acre tract of land lying on the northerly side of Lee Highway, S.W., and the westerly side of Aerial Way Drive, S.W., and designated on Sheet No. 520 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 5200122, be, and is hereby rezoned from LM, Light Manufacturing District, to RM-2,.. Residential Multifamlly, Medium Density District, subject to the proffers contained in the Fourth Amended Petition filed in the Office of the City Clerk on July 17, 1996, subject to any changes required by the City during site plan review, and that Sheet No. 520 of the Zone Map be changed in this respect. ATTEST: City Clerk. H:\ORD~O-Z-CSW. lB Roanoke City Planning Commission August 19, 1996 The Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Request from CSW Associates, represented by Patricia Miley of Balzer and Associates, Inc., that property located on the northerly side of Brandon Avenue and the westerly side of Aerial Way Drive, SW, a portion of Official Tax Number 5200122, be rezoned from LM, Light Manufacturing District, to RM-2, Residential Multifamily District, Medium Density District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: Purpose ofrezoning request is to place undeveloped property, which comprises 16.3 acres of the 27.15-acre parcel, into a zoning district classification permitting the construction of a 100-unit apartment and townhouse development as an expansion of Stratford Park Apartments. It would consist of 60 one-bedroom units, 4 two-bedroom units, 4 three-bedroom units and 32 townhouses. The one- bedroom units would be housed in a single, three-story building targeted to senior citizens. Petitioner said that development would be phased and that while most of the units would be rented, the townhouses could be offered for sale. The existing Stratford Park Apartments consist of 19 buildings housing 152 units, divided equally between two- and three bedroom units (76 of each). Some 10.85 acres of the parcel identified as Official Tax Number 500122, located on the west side of Cravens Creek, would remain LM, Light Manufacturing District. B. Original petition to rezone was filed on May 9, 1996. C. Amended petition to rezone was filed May 24, 1996. Second amended petition to rezone was filed lune 4, 1996, and a revised site plan, dated June 3, 1996, was received June 4, 1996. Room 162 Municipal Building 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2344 Members of Council Page 2 Eo Planning Commission public hearing was held June 5, 1996. Ms. Pat Miley, civil engineer with Balzer and Associates, appeared on behalf of the petitioner. She said that the rezoning would allow the expansion of Stratford Park Apartments. The units would be served by private water and sewer, Ms. Miley said, and there would be no visual impact on neighboring properties. She stated that a 12-hour traffic study, requested by City Traffic Engineer Bob Bengtson, concluded that the proposed development would not warrant a traffic signal at the intersection of Brandon Avenue and Stratford Park Drive. Ms. Miley said that the Planning staffs major concern was access by city emergency services and that pavement design for Stratford Park Apartments' private road system had been proffered to ensure that the road could withstand the weight of city fire and emergency vehicles. Ms. Tam Roop, city planner, gave the staff report. She said that the issues of traffic and road construction standards had been resolved to staffs satisfaction and that the issue of the flood plain location was close to being resolved. Ms. Roop said that staff was still concerned about emergency access because there would be only one point of access (at the entrance/exit to Stratford Park Drive on Brandon Avenue) for city emergency medical and fire fighting services to access the residents of 370 units. An accident or problem which blocked that entrance could delay or even prevent the city's response to an emergency, she said. She noted that City Fire Marshall David Rickman also had expressed concern and had recommended a second means of access. Mr. Bill Lester, representing CSW Associates, said he was very much against putting in a second entrance to the complex and that his buildings were designed to be safe and meet all fire codes. Ms. Roop said staffwas not recommending another means of public access, but emergency access only, and she read into the record a memorandum from the City Fire Marshall, dated June 4, 1996 (attached). After questions from and discussion with the Planning Commission, Mr. Lester concurred with postponing the issue to enable additional staff review. The Planning Commission, by a vote of 6 to 1 (Mr. Bradshaw voting against), continued the matter until its July 3, 1996, public hearing. Fo Unresolved issues were addressed by the petitioner prior to the Planning Commission's July 3, 1996, public hearing as follows: The location of the flood plain was found to be in substantial conformity with the flood plain's location on petitioner's proffered site plan (revised June 3, 1996) by way of the completed Flood Plain Delineation Map Members of Council Page 3 submitted by Balzer and Associates and reviewed by the city Engineering department. The issue of emergency access was resolved and petitioner proffered an emergency route and easement for same in a third amended petition, filed July 2, 1996. A direct emergency route, proffered by the petitioner on July 2, 1996, and recommended to the Planning Commission by Planning staff and the City Fire Marshall on July 3, 1996, would utilize the western-most of the two entrances to the Delta Building and the existing traffic lane running from front to back between the back and side parking lots. At the back of the parking lot, a hard-surfaced connection would be constructed using a grass paver system to link the parking lot with upper Stratford Park Drive. An easement also was proffered by the petitioner to ensure the city would be able to use the emergency route in the event the property is sold and, on a day-to-day basis, through the prohibition of parking within the access route. Third amended petition tO rezone was filed July 2, 1996. The following conditions were proffered by the petitioner: That the property will be developed in substantial conformity with the site plan prepared by Balzer and Associates, Inc., dated May 9, 1996, and revised June 3, 1996, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required during site plan review. The three-story building shall contain no more than 60 units. The footprint of the building may change to accommodate minor changes in unit size and arrangement, but it will retain its basic shape of two wings with a central lobby and elevator access core. That the new portion of Stratford Park Drive will be constructed with curb and gutter to a minimum width of thirty feet, face-of-curb to face- of-curb, and that parking lots and road will be paved with a minimum thickness designed in accordance with Virginia Department of Transportation standards using the Vaswani method. Sidewalk will be placed on one side of the new portion of the road. That the extension of Stratford Park Drive will be constructed so that the roadway is above the 100 year base flood elevation. That CSW, and its successors and assigns, shall construct and maintain a hard surface connection, providing access for emergency vehicles from Members of Council Page 4 Lee Highway, across Official Tax Number 5200106, to Official Tax Numbers 5200111 and 5200122, in a location, of a width, and of a type approved by the Fire Marshall, between the North side of Delta Plaza parking lot and Stratford Park Drive. Said connection, and the route between it and Lee Highway, will be the subject of an easement recorded in the land records of the Clerk of Circuit Court for Roanoke City Circuit Court and that the proffered condition shall be met before either a building permit or certificate of occupancy is issued in connection with any structure constructed in connection with the property which is the subject of this Petition. Planning Commission public hearing was held July 3, 1996. Ms. Pat Miley, representing the petitioner, and Ms. Tam Roop, city staff, updated the commission on actions which had taken place during the past month leading to resolution of the two previously outstanding issues. Ms. Roop said that staff supported the request for rezoning. Fourth amended petition was filed July 17, 1996, at the request of Planning staff as advised by the Assistant City Attorney. The sole purpose was to correct, and thus, clarify the wording of the first sentence of proffer ~4, as denoted, which now reads: "That CSW Associates, and its successors and assigns, shall construct and maintain a hard surface connection, providing access for emergency vehicles from Lee Highway, across Official Tax Number 5200106, to Official Tax Numbers 5200111 and 5200122, in a location, of a width, and of a type approved by the Fire Marshall, between the North side of Delta Plaza parking lot and Stratford Park Drive." (emphasis added) II. Issues are as follows: The surrounding zoning pattern in the area is as follows. To the north is LM, Light Manufacturing District; to the south is C-2, General Commercial District, and C-1, Office District and, across Brandon Avenue, RS-1, Residential Single-Family District. To the east is RM-2, Residential Multifamily Medium Density District; LM, Light Manufacturing District; and C-2, General Commercial District. To the west is the balance of the existing parcel zoned LM. Land uses surrounding the currently undeveloped subject property are as follows. To the north are the Norfolk Southern railway line and light industrial uses found in the Blue Ridge Industrial Park. To the south are office uses and single-family residences. To the east are multi-family residential uses, light industrial uses and retail uses on Brandon Avenue. To the west are commercial uses. Members of Council Page 5 Emergency response by the city's public safety services is an issue due largely to the three-story, 60-unit building which would be occupied by senior citizens and the single entrance/exit on Brandon Avenue. The Fire Marshall projects a significant increase in the volume of emergency calls, predominantly related to medical emergencies. Petitioner has proffered an emergency access route for use by city emergency services in the event the main entrance to the complex is blocked plus an easement which would ensure the city's use of the access route. Also proffered are standards for the construction of the development's private road and parking lots which would ensure they could accommodate heavy firefighting and emergency equipment. Access to the proposed multi-family residential development would be by extension of Stratford Park Drive, the two-lane, private road which currently serves Stratford Park Apartments and adjacent rental housing, thus completing the "loop" and creating a circular private roadway. The 270 existing residential units and 100 proposed units would be served by this private road which has a single entrance/exit on Brandon Avenue and an emergency access for city emergency services would be provided as described above. Utilities currently are provided throughout the Stratford Park Apartment complex by private water distribution and sewerage systems which utilize city services. The existing systems would be extended to the proposed development. Based on information provided by petitioner, the Fire Marshall said that water pressure for emergency response efforts should be adequate. Fo A traffic analysis, requested by the City Traffic Engineer, concluded that the proposed development would not result in the need for a traffic light at the entrance/exit to Stratford Park Apartments on Brandon Avenue. The study also indicated there would be no adverse impact on mainline Brandon Avenue traffic. The City Engineer has concurred with these findings noting, however, that motorists on Stratford Park Drive would experience increased levels of delay when attempting to turn left onto Brandon Avenue during peak traffic hours. Flood plain development regulations initially were applicable to staffs evaluation because petitioner's original proffered site plan showed 12 townhouse units and a significant portion of the extension of Stratford Park Drive to be within the 100-year flood plain boundary. However, that flood plain boundary was based on inaccurate data, a fact verified by a Flood Plain Delineation Map which was submitted in final form June 17, 1996, and which was based on up-to-date field surveys by Balzer and Associates. The map, which was reviewed by the city's Engineering department, indicates that the location of the flood plain boundary on Members of Council Page 6 petitioner's site plan (as revised May 23, 1996) is accurate and that no townhouses or section of road would be in the flood plain. Landscaped buffer would be required along the northern and western boundaries. If left intact, existing vegetation along Cravens Creek to the west and along the railroad to the north would provide additional noise and visual buffering. Building height limitation for structures in the RM-2 district is 35 feet. If the rezoning is approved, the petitioner will seek a height variance fi.om the Board of Zoning Appeals in order to construct the proposed three-story, 60-unit structure to a height of 42 feet. Comprehensive development review and approval by the Planning Commission would be required because the total gross floor area of the proposed development exceeds 100,000 square feet. Industrial land in the city has been identified as a valuable economic asset which should be protected. Light industrial use of this property is not considered financially feasible because high development costs would produce a minimum return on investment and because of adjacent multi-family residential uses. Rezoning of the 16.3-acre portion of parcel 5200122 is considered a more appropriate use because of the existing multi-family residential development. Neighborhood organization does not exist for this area; however, the area served by the Greater Deyefle Neighborhood Association begins on the opposite side of Brandon Avenue. Contact persons for the neighborhood organization and adjoining property owners were notified. The Department of Planning and Community Development received questions fi.om two adjoining property owners and facilitated the provision of answers to these owners. M. Comprehensive Plan recommends that: New housing and housing types, including townhouses and condominiums, should be encouraged in order to respond to current needs and trends including changing family structure, household composition and economic conditions. Quality new construction that is sensitive to existing neighborhood character should be encouraged. III. Alternatives are as follows: A. Planning Commission approve the rezoning request. Members of Council Page 7 10. 11. 12. Zoning would become RM-2 conditional, Residential Multi-family, Medium Density District, and the proposed use of the site for a 100-unit expansion of Stratford Park Apartments would be allowed. Land use would be for multi-family rental residences, primarily one-bedroom apartments and townhouses. Emergency response to the proposed development is projected to increase significantly, based on city data pertaining to senior citizen emergency-call rates. Petitioner has proffered an emergency access route for use by city emergency services as well as construction standards which would ensure that the private road extension could support city emergency equipment. Access to and from the proposed development by residents and the public would be by extending Stratford Park Drive, a private road which connects to the public street system at Brandon Avenue. Utilities would be provided to the proposed residential units by extending the private water distribution and sewerage systems which currently serve the apartment complex and which use city services. A traffic analysis concluded that impacts of the proposed development on existing roads would not be significant. Floodplain Development Regulations are no longer an issue. Landscaped buffer would be required along the northern and western boundaries. Building height limitation in the RM-2 district would necessitate petitioner obtaining a height variance in order to construct the proposed three-story, 60-unit, 42-foot apartment building. Comprehensive development plan review and. approval by the Planning Commission would be required. Industrial land, although not preserved for industrial development, would be appropriately developed. Neighborhood organization has not commented on proposed rezoning and issues related to adjoining property owners have been resolved. Members of Council Page 8 13 Comprehensive plan issues have been addressed by way of petitioner's proffers. B. Planning Commission deny the rezoning request. 1. Zoning of the subject property would remain LM, Light Manufacturing District, and construction of the 100-unit apartment and townhouse development would not be allowed. 2. Land use would remain an undeveloped property. 3. Emergency response would not be an issue. 4. Access would not be an issue. 5. Utilities would not be an issue. 6. Traffic would not be an issue. 7. Floodplain Development Regulations would not apply. 8. Landscaped buffer would not be an issue. 9. Building height limitation would not apply. 10. Comprehensive development review and approval would not apply. 11. Neighborhood organization would not be an issue. 12. Industrial land would be protected; however, the desirability of the parcel for light industrial use would be an issue, given the high development costs which are projected. 13. Comprehensive plan issues as set forth could be followed at a later date. Recommendation is as follows: By a vote of 5-0 (Mrs. Duerk and Mr. Hill absent), the Planning Commission recommended approval, finding that multi-family residential uses are more feasible for this site than light industrial uses and that the site will be appropriately developed. Members of Council Page 9 Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission JRM:TR:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner City Traffic Engineer Economic Development Administrator Fire Marshall Petitioner's Agent MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 Depuv/City Clerk July 19, 1996 File ~51 Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a fourth amended petition from CSW Associates requesting that a tract of land located on the northerly side of Lee Highway and the westerly side of Aerial Way Ddve, S. W., containing 16.30 acres, more or less, identified as a portion of Official Tax No. 5200122, I~ rezoned from LM, Light Manufacturing District, to RM-2, Residential Multi-family, Medium Density District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. Carolyn H. Coles, Chairperson City Planning Commission July 19, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council William H. Lester, CSW Associates, 3807 Brandon Avenue, S. W., Suite 245, Roanoke, Virginia 24018-1478 John R. Mariles, Agent, City Planning Commission ~l~lartha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney FOURTH AMMENDED PETITION TO RI=7ONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying on the northerly side of Lee Highway and the westerly side of Aerial Way Drive, SW, known as a portion of official tax map number 5200122, according to the tax maps of the City of Roanoke, from Zoning District 'LM, Ught Manufacturing District to Zoning District RM-2, Residential Multifamily, Medium Density District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, CSW Associates, owns land in the City of Roanoke containing 16.30 acres, more or less, located on the northerly side of Lee Highway and ~e westerly side of Aerial Way Drive, SW, known as a portion of official tax map number 5200122. 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 Petitioner requests that the said property be rezoned from LM, Light Manufacturing District, to RM-2, Residential Mulfifamily, Medium Density District, subject to certain conditions set forth below, for the purpose of constructing townhomes and apartments. The Petitioner believes the rezoning of the said tract of land will further the intent and puq3oses of the City's Zoning Ordinance and its comprehensive plan, in that it will protect the residential character and environment of an existing multifarnilY residential distdct by providing C:\WP~J~341 *I~IEZONE3.PLM a buffer between the existing r~sidentiai and light manufacturing districts,while allowing for the expansion of existing industrial areas into the remaining light manufacturing district. The rezoning. will encourage development outside the flood plain and provide a vegetative buffer to protect: Cravens Creek. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: e That the property will be developed in substantial conformity with the site plan prepared by Baizer and Associates, Inc., dated May 9, 1996, and revised June 3, 1996, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required dudng site plan review. The three-story building shall contain no more than 60 units. The footprint of the building may change to accommodate minor changes in unit size and arrangement, but it will retain it's basic shape of two wings with a centrai lobby and elevator access core. That the new por'don of Stratford Park Ddve will be constructed with curb and gutter to a minimum width of thirty feet, face of curb to face of curb, and that parking lots and road will be paved with a minimum thickness designed in accordance with Virginia Department of Transporttalon standards using the Vaswani method. Sidewalk will be placed on one side of the new portion of the road. That the extenstion of Stratford Park Ddve will be constructed so that the roadway is above the 100 year base flood elevation. . 4. That CSW Associates, and ill successors and assigns, shall construct and maintain a hard surface connection, providing access, for emergency vehicles from Lee Highway, across Official Tax Number 5200106, to Offcial Tax Numbers 5200111 and 5200122, in a location, of a width, and of a type approved by the Fire Marshall, between the North side of Delta Plaza parking lot and Stratford Park Ddve. Said. connection, and the route between it and Lee Highway, will be the subject of an easement recorded in the land records of the Clerk of Circuit Court for Roanoke City Circuit Court and that the proffered 'condition shall be met before either a building permit or certificate of occupancy is issued in connection with any structure constructed in Connection with the property which is the subject of this Petition. Attached as Exhibit C 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. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 17th day of July, 1996. R~lly/~submitted, J////////,///.,/ //" · Baizer and Associates, Inc. .._~ . Planners · .A/~::hit,ecll · Engineers · Surveyors ~ 1208 Corporate Circle, Roanoke VA 24018 (540) 772-9580 CSW Associatee'~- 3807 Brandon Avenue Suite 245 ....~~e 24018~1478//''''-' C:~.WI=I:X:)CS~d=I:~3 J~K)41. I~:IEZC)NE3. pLM 1 1 1 ../ C. S. W ASSOCIATES EXHIBIT .TO~ ~. csw Assodat Adjoining Property. Owners Exhibit "C" City of Salem 28Q-. 1-1 NAD Properties & Paul A. Powell Trust PO Box 1013 Salem VA 24153 281-1-2 Lewis GaJe Building Corporation 1802 Braebum Drive Salem VA 24153 City of Roanoke' 5200101 Jerry L. & Karen W. Conner 426 North Market Street Salem VA 24153 5200103 Marina A.. Cook 451 Highfieid Road Salem VA 24153 5200104 Brandon Avenue- Littreai Partnemhip % Gertrude Winston PO Box 588 Leesburg VA 22075 5200105 5200120 McBal CoPoration 1208 Corporate Cimle Roanoke VA 24018 5200108 Lee-Hy Manor Associates 3780 Stratford Park Drive SW Roanoke VA 24018 5200112 City of Roanoke AeriaJ Way Drive SW Roanoke,.VA 24018 5200117 CSW AssOCiates. 5200111 3807 Branclort Avenue SW Roanoke VA 24018 C:\WPDOCS\95 P R(DJ\95041 - I~ADJOIN E R. PLL CITY OF ROANOKE. OFF~CE OF ~ CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 Deputy City Clerk July 3, 1996 File ~k51 Carolyn H. Coles, Chairpe'son City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia.24017 Dear M~. Colaa: Pura. mnt to Section 38.1-6g0(e) of the Code of the City of Roanoke (1979), aa amended, I am enclosing copy of a third amended petition from CSW A~ociat~ requesting that a tract of land located on the mxl]'mHy side of Lee Highway and the waaterly side of Aerial Way Drive, ,% W:., containir~ 16.30 acraa, n'mm or Iaaa, identified aa a portion of Official Tax No. 5200122, I~ rez~md frown LM, Light Man~ng Dislrict, to RM-2, Residential Multi-family, Medium Dermity. Oi~flct, subject to certain cortdiflon~ proffered by the ... city Clerk Carolyn H. Col~- Chairperson City Planni~ Page 2 The Honorable Mayor and Members of the Roanoke City Council William H. Lester, CSW Associates, 3807 Brandon Avenue, S. W., Suite 245, Roanoke, Virginia 24018-1478 thR. Marlles, Agent, City Planning Commission a P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attomey THIRD AMMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA -. :' IN RE: Rezoning of a tract of land lying on the northerly side of Lee Highway and the westedy side of Aerial Way Ddve, SW, known as a portion of official tax map number 5200122, according to the tax maps of the City of Roanoke, from Zoning Distdct LM, Light Manufacturing Distdct to Zoning District RM-2, Residential Multifamily, Medium Density District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, CSW Associates, owns land in the City of Roanoke containing 16.30 acres, more or less, located on the northerly side of Lee Highway and the westerly side of Aerial Way Drive, SW, known as a portion of official tax map number 5200122. 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 Petitioner requests that the said property be rezoned from LM, Ught Manufacturing District, to RM-2, Residential Mulfifamily, Medium Density District, subject to certain conditions set forth below, for the purpoe~ of constructing townhomes and apartments. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will protect the residential character and environment of an existing muitffamily residential distdct by providing a buffer between the existing residential and light manufacturing districts,while aJlowing for the expansion of existing industrial areas into the remaining light manufacturing district. The rezoning will encourage development outside the flood plain and provide a vegetative buffer to protect Cravens Creek. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: That the property will be developed in substantial conformity with the site plan prepared by Balzer and Associates, Inc., dated May 9, 1996, and revised June 3, 1996, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any c~anges required dudng site plan review. The three-story building shall contain no more than 60 units. The footprint of the building may change to accommodate minor changes in unit size and arrangement, but it will retain it's basic shape of two wings with a central lobby and elevator access core. That the new portion of Stratford Park Ddve will be constructed with curb and gutter to a minimum width of thirty feet, face of curb to face of curb, and that parking lots and road will be paved with a minimum thickness designed in accordance with Virginia Department of Transporttalon standards using the Vaswani method. Sidewalk will be placed on one side of the new portion of the That the extenstion of Stratford Park Drive will be constructed so that the roadway is above the 100 year base flood elevation. C:'~WPOO~ I o I~::IEZONF_~.p LM 4. That CSW Associates, as ill successors and assigns, shail construct and maintain a hard surface connection, providing access for emergency vehicles from Lee Highway, across Official Tax Number 5200106, to Official Tax Numbers 5200111 and 5200122, in a location, of a width, and of a type approved by the Fire Marshall, between the North side of Delta Plaza parking lot and Stratford Park Ddve. Said connection, and the route between it and Lee Highway, will be the subject of an easement recorded in the land records of the Clerk of Circuit Court for Roanoke City Circuit Court and that the proffered condition shall be met before either a building permit or certificate of occupancy is issued in connection with any structure constructed in connection with the property which is the subject of this Petition. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of ail lots or property immediately adjacent to or immediately across a street or mad from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 2nd day of July, 1996. CSW Associates 3807 Brandon Avenue Suit~ 245 ~ R~;~im:)ke 240!~-147~ · ~illia~ H. I~s:~er _ _~ Balzer and Associates, Inc. Planners · ,~dhitects ° Engineers ° Surveyors 1208 Corporate Circle, Roanoke VA 24018 (540) 772-9580 C:~WP~I - I~IEZOHE.3.PLM I C. S. W ASSOCIATES EXHIBIT "A" CSW Assodates Adjoining Prc~ Owne~ Exhibit "C" 280-1-1 281-1-2 NAD Properties & Paul A. Powell Trust PO Box 1013 Salem VA 24153 Lewis Gate Building Corporation 1802 Braebum Drive Salem VA 24153 City of Roanoke 5200101 Jerry I_ & Karen W. Conner 426 Norl~ Market Street Salem VA 24153 5200103 Martha A..Cook 451 Highfield Road Salem VA 24153 5200104 Brandon Avenue - I. Jttreal Partnerstlip % Gertrude Winston PO Box 588 Leesburg VA 22075 5200105 5200120 McBal CoPoration 1208 Corporate Circle Roanoke VA 24018 5200108 Lee-Hy Manor Associates 3780 Stratford Park Drive SW Roanoke VA 24018 5200112 5200117 5200111 City of Roanoke Aedai Way Drive SW Roanoke VA 24018 CSW Associates 3807 Brandon Avenue SW Roanoke VA 24018 C:\WPDOCS\95PROJ\95041.1~,DJOiNER.PLL ../ csw Assodaes Adjoining Property Owne~ Exhibit "C' 280-1-1 l NAD Pmpertles & Paul A. Powell Trust PO Box 1013 Salem VA 24153 281-1-2 Lewis Gate Building Corporation 1802 Braebum Drive Salem VA 24153 CiN of Roanok~ 5200101 Jerry L. & Karen W. Conner 426 North Market Street Salem VA 24153 5200103 Martha A.. Cook 451 Highfieid Road Salem VA 24153 5200104 Brandon Avenue - Littreal Partnership % Gertrude Winston PO Box 588 Leesburg VA 22075 5200105 5200120 McBal CoPoration 1208 Corporate Cimle Roanoke VA 24018 5200108 Lee-Hy Manor Associates 3780 Stratford Park Drive SW Roanoke VA 24018 5200112 5200117 5200111 City of Roanoke AedaJ Way Drive SW Roanoke VA 24018 CSW AssoCiates 3807 Brandon Avenue SW Roanoke VA 24018 C:\WPDOCS\95PR(DJ\95041. I~DJOINER.PLL ' .Ad Number: 80211563 Publisher's Fee: $113.10 CSW ASSOCIATES ATTN: WILLIAM H. LESTER 3807 BRANDON AVE., S.W. ROANOKE, VA 24018-1478 The Roanoke Times STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 08/02/96 FULL RUN - Friday 08/09/96 FULL RUN - Friday Witness, this 12th day of August 1996 Authorized Signature NOTICE OF PUBUC HEARING TO WHOM IT MAY CONCERN: Purs~lnt to the pmv~lo~s of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), ~,~ antemMd, the Court- bom a Pu~ Head~ on Mort. day, August 19, 1996, at 7:00 .p.m., in the Council Ctmmber in the ~Mdnicipal Building, 215 Church Av~tue, $.W., o~1 tfle RM-2, Re~Mentlal Mditl-~mlly, f~ng.prop~. That ceCmln 16.30-acre t~act of of Lee Hi~,my, S.W., ~md tim v.~te~y ,lde of AmPI Way Drive, S.W., ~nd being a por- tion of Official Tax No. 5200/22, subject to ceCmin A copy of ~ propa~al Is avail. able for public in~ In the 456, Municipal Building. All parUes in Interest may appear on b~e abo~ dat~ and be GIVEN under my hand tJtls 3/st day of July, 1996. Mary F. Pad,er, C~Y Clerk. (411563) 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, August 19, 1996, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from LM, Light Manufacturing District, to RM-2, Residential Multi- family, Medium Density District, the following property: That certain 16.30-acre tract of land lying on the northerly side of Lee Highway, S.W., and the westerly side of Aerial Way Drive, S.W., and being a portion of Official Tax No. 5200122, subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 31st day of .hJlv , 1996. Mary F. Parker, City Clerk. H:~qOTICI~N-CSW. IA MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE O1~ THE CITY CLERK 21:5 Church Avenue, $.W., Room 4:56 Roanoke, Virginia 24011-1:536 Telephone: (:540) 981-2:541 Fax: (:540) 224-314:5 SANDRA II. EAKIN Deputy City Clerk August 1, 1996 File #51 William H. Lester CSW Associates 3807 Brandon Avenue, S. W. Roanoke, Virginia 24018-1478 Dear Mr. Lester: 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, August 19, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of CSW Associates that a tract of land located on the northerly side of Lee Highway and the westerly side of Aerial Way Drive, S. W., containing 16.30 acres, more or less, identified as a portion of Official Tax No. 5200122, be rezoned from LM, Light Manufacturing District, to RM-2, Residential Multi-family, Medium Density District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and report of the City Planning Commission with regard to the request. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlles, Chief of Planning and Community Development, at 981-2344. MFP:sm Enc. Sincerely, _~~ Mary F. Parker, CMC/AAE City Clerk H:~qEZONINGWUGU~r William H. Lester CSW Associates August 1, 1996 Page 2 pc: Ms. Pat Miley, Civil Engineer, Balzer and Associates, 1208 Corporate Circle, S. W., Roanoke, Virginia 24018 NAD Properties & Paul A. Powell Trust, P. O. Box 1013, Salem, Virginia 24153 Lewis-Gale Building Corporation, 1802 Braeburn Drive, Salem, Virginia 24153 Mr. and Mrs. Jerry Conner, 426 N. Market Street, Salem, Virginia 24153 Ms. Martha A. Cook, 451 Highfield Road, Salem, Virginia 24153 Brandon Avenue - Littraal Partnership, cio Gertrude Winston, p. O. Box 588, Leesburg, Virginia 22075 McBal Corp., 1208 Corporate Circle, Roanoke, Virginia 24018 Lee-Hy Manor Associates, 3780 Stratford Park Drive, S. W., Roanoke, Virginia 24018 Lee-Hy Manor Associates, cio F & B Developers, Att. Jim Harmon, 4139 Brandon Avenue, S. W., Roanoke, Virginia 24018 Norfolk Southern Corporation, cio Property Tax Department, 8 N. Jefferson Street, Roanoke, Virginia 24042 H:~REZONING~AUGU~r MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk July 19, 1996 File #51 Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a fourth amended petition from CSW Associates requesting that a tract of land located on the northerly side of Lee Highway and the westerly side of Aerial Way Drive, S. W., containing 16.30 acres, more or less, identified as a portion of Official Tax No. 5200122, be rezoned from LM, Light Manufacturing District, to RM-2, Residential Multi-family, Medium Density District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. Carolyn H. Coles, Chairperson City Planning Commission July 19, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council William H. Lester, CSW Associates, 3807 Brandon Avenue, S. W., Suite 245, Roanoke, Virginia 24018-1478 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney FOURTH AMMENDED PETITION TO REZONF IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying on the northerly side of Lee Highway and the westerly side of Aerial Way Drive, SW, known as a portion of official tax map number 5200122, according to the tax maps of the City of Roanoke, from Zoning District LM, Light Manufacturing District to Zoning District RM-2, Residential Multifamily, Medium Density District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, CSW Associates, owns land in the City of Roanoke containing 16.30 acres, more or less, located on the northerly side of Lee Highway and the westedy side of Aerial Way Drive, SW, known as a portion of official tax map number 5200122. 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 Petitioner requests that the said property be rezoned from LM, Light Manufacturing District, to RM-2, Residential Multifamily, Medium Density District, subject to certain conditions set forth below, for the purpose of constructing townhomes and apartments. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will protect the residential character and environment of an existing multifamily residential distdct by providing C:\WP DOCS~,~SP RO J~5041 - 1 '~R r,',',',',',',',',= 70 N E 3. P LM a buffer between the existing residential and light manufacturing districts,while allowing for the expansion of existing industrial areas into the remaining light manufacturing district. The rezoning will encourage development outside the flood plain and provide a vegetative buffer to protect: Cravens Creek. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: accordance with Vaswani method. road. That the property will be developed in substantial conformity with the site plan prepared by Balzer and Associates, Inc., dated May 9, 1996, and revised June 3, 1996, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required dudng site plan review. The three-story building shall contain no more than 60 units. The footprint of the building may change to accommodate minor changes in unit size and arrangement, but it will retain it's basic shape of two wings with a central lobby and elevator access core. That the new portion of Stratford Park Ddve will be constructed with curb and gutter to a minimum width of thirty feet, face of curb to face of curb, and that parking lots and road will be paved with a minimum thickness designed in Virginia Department of Transporttaion standards using the Sidewalk will be placed on one side of the new portion of the That the extenstion of Stratford Park Drive will be constructed so that the roadway is above the 100 year base flood elevation. . C:WVF'DOCS~SPROJ~95041. I~REZONE3.P LM 4. That CSW Associates, and its successors and assigns, shall construct and maintain a hard surface connection, providing access for emergency vehicles from Lee Highway, across Official Tax Number 5200106, to Official Tax Numbers 5200111 and 5200122, in a location, of a width, and of a type approved by the Fire Marshall, between the North side of Delta Plaza parking lot and Stratford Park Drive. Said_ connection, and the route between it and Lee Highway, will be the subject of an easement recorded in the land records of the Clerk of Circuit Court for Roanoke City Circuit Court and that the proffered condition shall be met before either a building permit or certificate of occupancy is issued in connection with any structure constructed in connection with the property which is the subject of this Petition. Attached as Exhibit C 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. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 17th day of July, 1996. R~lly/,~submitted, ~ Balzer and Associates, Inc. .. P. lan..n,e? ...A/~hit,ects o Engineers. Surveyors 1208 ~orporate L;irc~e, HoanoKe VA 24018 (540) 772-9580 CSW Associates 3807 Brandon Avenue Suite 245 Ro~o_ke 24018~1478..×'"'"' H. es%r * C:',WP DOCS~95PROJ~9504.1* I~REZON E3. p LM I 1 C. S. W ASSOCIATES EXHIBIT "A" csw Assodates Adjoining Property. Ownem Exhibit "C" 280-.1-1 i 281-1-2 NAD Properties & Paul A. Powell Trust PO Box 1013 Salem VA 24153 Lewis Gate, Building CorporalJon 1802 Braebum Ddve Salem VA, 24153 City of Roanoke_ 5200101 Jerry L. & Karen W. Conner 426 North Market Street Salem VA 24153 52O01O3 Martha A., Cook 451 Highfield Road Salem VA 24153 5200104 Brandon Avenue- U~real Partnership %Ge~deWinston PO Box 588 Leesburg VA22075 5200105 5200120 McBal CoPoration 1208 Corporate Circle Roanoke VA 24018 5200108 Lee-Hy Manor Associates 3780 Stratford Park Ddve SW Roanoke VA 24018 5200112 City of Roanoke Aedal Way Drive SW Roanoke VA 24018 5200117 CSW Associates 5200111 3807 Brandon Avenue SW Roanoke VA 24018 C:\WPDOCS\95 PRO J\95041-1V~,DJOINE R.PLL MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 21:5 Church Avenue, S.W., Room 4:56 Roanoke, Virginia 24011-1:536 Telephone: (:540) 981-2:541 Fax: (:540) 224-314:5 SANDRA H. EAKIN Deputy City Clerk July 3, 1996 File #51 Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: 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 from CSW Associates requesting that a tract of land located on the northerly side of Lee Highway and the westerly side of Aerial Way Ddve, S. W., containing 16.30 acres, more or less, identified as a portion of Official Tax No. 5200122, be rezoned from LM, Light Manufacturing District, to RM-2, Residential Multi-family, Medium Density District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. Carolyn H. Coles, Chairperson City Planning Commission July 3, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council William H. Lester, CSW Associates, 3807 Brandon Avenue, S. W., Suite 245, Roanoke, Virginia 24018-1478 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney THIRD AMMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying on the northerly side of Lee Highway and the westedy side of Aerial Way Ddve, SW, known as a portion of official tax map number 5200122, according to the tax maps of the City of Roanoke, from Zoning Distdct LM, Light Manufacturing Distdct to Zoning Distdct RM-2, Residential Multifamily, Medium Density District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, CSW Associates, owns land in the City of Roanoke containing 16.30 acres, mom or less, located on the northerly side of Lee Highway and the westedy side of Aedal Way Ddve, SW, known as a portion of official tax map number 5200122. 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 Petitioner requests that the said property be rezoned from LM, Light Manufacturing District, to RM-2, Residential Multifamily, Medium Density District, subject to certain conditions set forth below, for the purpose of constructing townhomes and apartments. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will protect the residential character and environment of an existing multifamily residential distdct by providing C:\'WPDOCS~,SPROJ~95041 - I'~REZONE3.P LM a buffer between the existing residential and light manufacturing districts,while allowing for the expansion of existing industrial areas into the remaining light manufacturing district. The rezoning will encourage development outside the flood plain and provide a vegetative buffer to protect Cravens Creek. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: That the property will be developed in substantial conformity with the site plan prepared by Balzer and Associates, Inc., dated May 9, 1996, and revised June 3, 1996, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required during site plan review. The three-story building shall contain no more than 60 units. The footprint of the building may change to accommodate minor changes in unit size and arrangement, but it will retain it's basic shape of two wings with a central lobby and elevator access core. That the new portion of Stratford Park Ddve will be constructed with curb and gutter to a minimum width of thirty feet, face of curb to face of curb, and that parking Iols and road will be paved with a minimum thickness designed in accordance with Virginia Department of Transporttalon standards using the Vaswani method. Sidewalk will be placed on one side of the new portion of the road. That the extenstion of Stratford Park Ddve will be constructed so that the roadway is above the 100 year base flood elevation. C:\WPDOCS~95PRO J~95041 - I~FIEZONE3, PLM 4. That CSW Associates, as its successors and assigns, shall construct and maintain a hard surface connection, providing access for emergency vehicles from Lee Highway, across Official Tax Number 5200106, to Official Tax Numbers 5200111 and 5200122, in a location, of a width, and of a type approved by the Fire Marshall, between the North side of Delta Plaza parking lot and Stratford Park Drive. Said connection, and the route between it and Lee Highway, will be the subject of an easement recorded in the land records of the Clerk of Circuit Court for Roanoke City Circuit Court and that the proffered condition shall be met before either a building permit or certificate of occupancy is issued in connection with any structure constructed in connection with the property which is the subject of this Petition. Attached as Exhibit C am 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. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 2nd day of July, 1996. ay: ! v- - v / J Balzer and Associates, Inc. Planners · ,~c'~hitects · Engineers · Surveyors 1208 Corporate Circle, Roanoke VA 24018 (540) 772-9580 CSW Associates 3807 Brandon Avenue Suit9 245 Ro'~mo ke 2401~-147W' C:\WP DOCS~95PRO J~504.1- I'd=IEZONE3. P LM Ii C.S.W ASSOCIATES EXHIBIT "A" CSW Assodates Adjoining Property Owners Exhibit "C* 280-1-1 1 281-1-2 NAD Properties & Paul A. Powell Trust PO Box 1013 Salem VA 24153 Lewis Gate. Building Corporation 1802 Braebum Drive Salem VA 24153 City of Roanoke 5200101 Jerry L. & Karen W. Conner 426 North Market Street Salem VA 24153 5200103 Martha A.. Cook 451 Highfield Road Salem VA 24153 5200104 Brandon Avenue- Littreal Partnership % Gertrude Winston PO Box 588 Leesburg VA 22075 5200105 5200120 McBal CoPoration 1208 Corporate Circle Roanoke VA 24018 5200108 Lee-Hy Manor Associates 3780 Stratford Park Drive SW Roanoke VA 24018 5200112 City of Roanoke Aerial Way Drive SW Roanoke VA 24018 5200117 CSW Associates ; 5200111 3807 Brandon Avenue SW Roanoke VA 24018 C:\WPDOCS\95 PRO J\95041- I~,DJOINER. PLL TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: CSW Associates, Lee Highway, Official Tax No. 5200122, from LM to RM-2, conditional ) AFFIDAVIT ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 24th day of June, 1996, notices of a public heating to be held on the 3rd day of July, 1996, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner, Agent or Occupant Address Salem NAD Properties & Paul A. Powell Trust P. O. Box 1013 Salem, VA 24153 Salem Lewis Gale Building Corporation 1802 Braeburn Drive Salem, VA 24153 5200101 Jerry and Karen Conner 426 N. Market Street Salem, VA 24153 5200103 Martha A. Cook 451 Highfield Road Salem, VA 24153 5200104 Brandon Avenue - Littreal Partnership c/o Gertrude Winston P. O. Box 588 Leesburg, VA 22075 5200105 52OO12O McBal Corporation 1208 Corporate Circle Roanoke, VA 24018 5200108 Lee-Hy Manor Associates Lee-Hy Manor Associates c/o F & B Developers Att. Jim Harmon 3780 Str~ford Park Drive Roanoke, VA 24018 4139 Brandon Avenue Roanoke, VA 24018 N&W Norfolk Southern Corporation e/o Property Tax Dept. Martha Pace Franklin 8 N. Jefferson Street Roanoke, VA 24042 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day of June, 1996. ~ 3 Nol;ary Public My Commission Expires: ~_~C .f~.. MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 4, 1996 File fk51 Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: 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 from CSW Associates requesting that a tract of land located on the northerly side of Lee Highway and the westerly side of Aerial Way Ddve, S. W., containing 16.30 acres, more or less, identified as a portion of Official Tax No. 5200122, be rezoned from LM, Light Manufacturing District, to RM-2, Residential Multi-family, Medium Density District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Carolyn H. Coles, Chairperson City Planning Commission June 4, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council The Honorable C. Nelson Harris, Council Member-Elect, 2813 Edgewood Street, S. W., Roanoke, Virginia 24015 The Honorable Carroll E. Swain, Council Member-Elect, 3434 Kershaw Road, N. W., Roanoke, Virginia 24017 The Honorable James O. Trout, Council Member-Elect, 2102 Stephenson Avenue, S. W., Roanoke, Virginia 24014 William H. Lester, CSW Associates, 3807 Brandon Avenue, S. W., Suite 245, Roanoke, Virginia 24018-1478 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney H;'~J~EZI3NINI3~..,SW.WI~O SECOND AMMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying on the northerly side of Lee Highway and the westedy side of Aedal Way Ddve, SW, known as a portion of official tax map number 5200122, according to the tax maps of the City of Roanoke, from Zoning Distdct LM, Light Manufacturing Distdct to Zoning Distdct RM-2, Residential Multifamily, Medium Density District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, CSW Associates, owns land in the City of Roanoke containing 16.30 acres, more or less, located on the northerly side of Lee Highway and the westerly side of Aedal Way Ddve, SW, known as a portion of official tax map number 5200122. 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 Petitioner requests that the said property be rezoned from LM, Light Manufacturing District, to RM-2, Residential Multifamily,-Medium Density District, subject to certain conditions set forth below, for the purpose of constructing townhomes and' apartments. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will protect the residential character and environment of an existing multifamily residential distdct by providing C:\WPDOCS~95PROJ~95041- I~FtEZONE3,PLM a buffer between the existing residential and light manufacturing districts,while allowing for the expansion of existing industrial areas into the remaining light manufacturing district. The rezoning will encourage development outside the flood plain and provide a vegetative buffer to protect Cravens Creek. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. That the property will be developed in substantial conformity with the site plan prepared by Balzer and Associates, Inc., dated May 9, 1996, and revised June 3, 1996, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required during site plan review. The three-story building shall contain no more than 60 units. The footprint of the building may change to accommodate minor changes in unit size and arrangement, but it will retain it's basic shape of two wings with a central lobby and elevator access core. 2. That the new portion of Stratford Park Ddve will be constructed with curb and gutter to a minimum width of thirty feet, face of curb to face of curb, and that parking lots and road will be paved with a minimum thickness designed in accordance with Virginia Department of Transporttaion standards using the Vaswani method. Sidewalk will be placed on one side of the new portion of the road. 3. ~ That the extenstion of Stratford Park Ddve will be constructed so that the roadway is above the 100 year base flood elevation. Attached as Exhibit C 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 C:\WPDOCS~95PRO J~95041 - 1 ~IEZONE3. P LM property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 3rd day of June, 1996. By: ~submitted, Balzer and Associates, Inc. Planners ~'Architects · Engineers · Surveyors 1208 Corporate Circle, Roanoke VA 24018 (540) 772-9580 CSW Associates 3807 Brandon Avenue Suite 245 C:\WPDOCS~95PRO J~95041 - I',FiEZONE3.PLM / I I C.$.~' EXHIBIT "A" · 3'05 ,k,le. Adjoining Property Owners Exhibit 'C" Ci~ of Salem 281-1-2 NAD Properties & Paul A. Powell Trust PO Box 1013 Salem VA 24153 Lewis Gate Building Corpora~on 1802 Braebum Drfve Salem VA 24153 City of Roanoke 5200101 Jem/I_ & Karen W. Conner 426 North Market Street Salem VA 24153 5200103 Martha A.. Cook 451 Highfield Road Salem VA 24153 5200104 Brandon Avenue - Littreai Partnership % Gertrude Winston PO Box 588 Leesburg VA 22075 5200105 5200120 McBal CoPoration 1208 Corporate Circle Roanoke VA 24018 5200108 Lee-Hy Manor Associates 3780 Stratford Park Drive SW Roanoke VA 24018 5200112 5200117 5200111 City of Roanoke Aedal Way Ddve SW Roanoke VA 24018 CSW Associates 3807 Brandon Avenue SW Roanoke VA 24018 C:\W PDOC S\95 P ROJ\95041 - 1 ~DJOI NE R.PLL ./ Mary F. Parker, CMCIAAE c~y C~erk CITY OF ROANOKE Office of the City Clerk 8andra H. Eakin Deputy C~y C~rk September 10, 1996 File ;?~55-60-236-270-467-472 James D. Gdsso Director of Finance Roanoke, Virginia Dear Mr. Gdsso: I am attaching copy of Ordinance No. 33100-090396 amending and reordaining certain sections of the 1996-97 School Fund Appropriations, providing for appropriation of $576,331.00 from the 1996-97 Capital Maintenance and Equipment Replacement Fund for purchase of science textbooks adopted for the current school year, technology software purchases, replacement of school buses, and facility alterations and additions; and appropriation of funds to the following school grant accounts: $10,000.00 -Artist in Residence Program, $1,216,788.00 - 1996-97 Alternative Education Program, and $50,272.00 - Summer FOCUS Program. Ordinance No. 33100-090396 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 3, 1996. Sincerely, fda. A,4..... ~ . Parker, CMC/AAE City Clerk MFP:sm Enc. pc: W. Robert Herbert, City Manager Dr. E. Wayne Hards, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools Cindy H. Ramsuer, Clerk, Roanoke City School Board H:~'~GENDA~.REPTEM BE.3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of September, 1996. No. 33100-090396. AN ORDINANCE to amend and reordain certain sections of the 1996-97 School 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 1996-97 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDriations Education Artist in Residence Program 96-97 (1) .............. Alternative Education Program 96-97 (2-18) ......... Summer FOCUS Program 96-97 (19-24) ................. Facilities (25-34) ................................. Instruction (35-38) ...... Other U.e. of Fund. (39)''''''...''''''''''..'''''' Reve~e Education Artist in Residence Program 96-97 (40-41) .......... Alternative Education Program 96-97 (42-43) ........ Summer FOCUS Program 96-97 (44) .................... Pun4 Balance Capital Maintenance and Equipment Replacement Program - School Unappropriated (45) ............. 1) Contracted Artists (030-060-6821-6204-0381) $ 10,000 2) Secondary Teachers (030-060-6945-6100-0121) 601,537 3) Administrator (030-060-6945-6100-0124) 53,000 4) Teacher Aide (030-060-6945-6100-0141) 78,098 5) Clerical (030-060-6945-6100-0151) 33,289 $114,360,167 10,000 1,216,788 50,272 1,228,959 61,629,223 3,294,278 $111,855,051 10,000 1,216,788 50,272 $ 293,307 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) Social Security Retirement Health Insurance Contracted Services - Salem City Purchased Services Lease of Equipment Lease of Facility Library Books and Textbooks Instructional 17) 18) 19) 2o) 21) Security 22) Tutoring, Enrichment, Assessment Services 23) Travel 24) Supplies 25) Science Textbook Adoptions 26) Technology Software 27) Replacement of School Buses 28) Roanoke Academy Annex Alterations 29) Facility Maintenance 30) Patrick Henry High School Improvements (030-060-6945-6100-0201) $ 58,593 (030-060-6945-6100-0202) 87,392 (030-060-6945-6100-0204) (030-060-6945-6100-0311) (030-060-6945-6100-0381) (030-060-6945-6100-0541) (030-060-6945-6100-0542) (030-060-6945-6100-0613) (030-060-6945-6100-0585) (030-060-6945-6681-0511) (030-060-6945-6681-0523) Materials (030-060-6945-6100-0614) Transportation Services (030-060-6945-6100-0583) Attendance and Health Services Electrical Services Telephone Services Project Coordinator (030-060-6950-6315-0121) Staff Training(030-060-6950-6315-0129) Social (030-060-6950-6315-0201) (030-060-6950-6315-0313) (030-060-6950-6315-0551) (030-060-6950-6315-0614) (030-060-6006-6111-0613) (030-060-6006-6302-0826) (030-060-6006-6676-0808) (030-060-6006-6681-0851) (030-060-6006-6681-0851) (030-060-6006-6681-0851) 85,431 33,100 5,000 5,184 114,885 8,719 4,760 7,800 5,000 25,000 10,000 10,830 3,500 1,096 32,074 500 2,272 122,234 20,400 147,906 38,500 23,884 24,800 31) Huff Lane Improvements (030-060-6006-6681-0851) $ 32) Handicap Access (030-060-6006-6681-0851) 33) Elementary Modular Classrooms (030-060-6006-6896-0851) 34) Morningside Addition (030-060-6006-6896-0851) 35) Matching Fund (030-060-6001-6004-0588) 36) Matching Fund (030-060-6001-6300-0588) 37) Lease/Rent Building 38) Health Insurance 39) Transfer to MY Fund 40) Local Match 41) State Grant Receipts 42) Local Match 43) State Grant Receipts (030-060-6945-1100) 44) Local Funding- City of Roanoke (030-060-6950-1101) 45) CMERP - Schoo1(030-3324) (030-060-6001-6300-0542) (030-060-6001-6000-0204) (030-060-6007-6999-0911) (030-060-6821-1101) (030-060-6821-1100) (030-060-6945-1101) 1,145 5,390 65,272 126,800 ( 5,ooo) ( 919,611) ( 125,400) ( 118,118) 1,168,129 5,000 5,000 1,163,129 53,659 50,272 ( 576,331) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. DEPARTMENT OF FINANCE CITY OF ROANOKE, VA. September 3, 1903 FROM: S~ Honorable Mayor and Members of City Council James D. Grlsso, Director of Finance School Board Requests for the Appropriation of School Funds and School CMERP Funds We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate funding for three grants in the School Fund. These grants are funded with state funds. The Summer FOCUS program will be reimbursed 100% by Roanoke City Department of Social Services. In addition to these funding sources, the Artist in Residence program and Alternative Education program require a local match. Funding for the local match is available in the following accounts: Artist in Residence: Matching Funds (030-060-6001-6004-0588) $ 5,000 Alternative Education: Matching Funds Health Insurance Lease/Rent of Building (030-060-6001-6300-0588) (030-060-6001-6000-0204) (030-060-6001-6300-0542) $ 919,611 118,118 125,400 This report also appropriates $576,331 from the School portion of the Capital Maintenance and Equipment Replacement Program. The CMERP funds will be used for the purchase of science textbooks adopted for the current school year, for technolo/ly so/hvare purchases, the replacement of school buses, and for facility alterations and additions. This is the second appropriation of the School Board's FY96 CMERP funding of $2,132,372. This will leave an unappropriated School CMERP balance of $1,506,041. We recommend that you concur with this request of the School Board. JDG/ICF/bls Attachments c: Ila Farris, Senior Accountant ROANOKE CITY SCHOOL BOARD P. 0. Box 13145 Roanoke, VA 24031 (540) 853-2381 August 14, 1996 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its August 13 meeting, the Board respectfully requests City Council to appropriate $578,331.00 from the 1996-97 Capital Maintenance and Equipment Replacement Fund. The proceeds will be used for the purchase of science textbooks adopted for the current school year, for technology software purchases, the replacement of school buses, and for facility alterations and additions. The Board further requests the appropriation of funds to the following school accounts: Grant No. 6821 - $10,O(I).00 for the Artist in Residence program for the enhancement of the district's literary arts program. The program is reimbursed in the amount of $5,000.00 by state funds with a local match of $5,000.00. Grant No..6945 - $1,216,788.00 for the 1996.97 Alternative Education program to provide alternative curriculum and training for high risk students at the Taylor Learning Academy. The program is reimbursed by state funds in the amount of $53,653.00 with a local match of $1,163,129.00. Grant No. 6950 - $50,272.00 for the Summer FOCUS program to provide funding for a collaborative effort between the Roanoke City Department of Social Services and the Roanoke City School Board toward reducing excessive absenteeism at selected elementary schools. The program will be reimbursed one hundred percent by the Department of Social Services. This is a new program. Members of Council Page 2 August 14, 1996 CC: The Board appreciates the approval of these requests. Sincerely, Cindy H. Ramsuer, Clerk Mrs. Marsha W. Ellison Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. William L Murray Mr. Kenneth F. Mundy Mr. W. Robert Herbert Mr. Wilburn C. Oibling Mr. James O. Grisso rs. Ila Farris (with accounting details] ROANOKE CITY SCHOOL BOARD -- Roanoke, Virginia APPROPRIATION REQUEST Capital Maintenance and Equipment Replacement Funds Request II 030-060-6006-6111-0613 030-060-6006-6302-0826 030-060-6006-6676-0808 030-060-6006-6681-0851 030-060-6006-6681-0851 030-060-6006-6681-0851 030-060-6006-6681-0851 030-060-6006-6681-0851 030-060-6006-6896-0851 030-060-6006-6896-0851 Appropriation Unit ZD1 Science Textbook Adoptions Technology Software Replacement of School Buses Roanoke Academy Annex Alterations Facility Maintenance Patrick Henry High School Improvements Huff Lane Improvements Handicap Access Elementary Modular Classrooms Momingside Addition $ 122,234.00 21.2% 20,400.00 3.5% 147,906.00 25.7% 38,500.00 6.7% 23,884.00 4.2% 24,800.00 4.3% 1,145.00 0.2% 5,390.00 0.9% 65,272.00 ' 11.3% 126,800.00 22.0% $ 576,331.00 100.0% The above appropriation represents the second request for proceeds from the 1996-97 Capital Maintenance and Equipment Replacement Fund. The proceeds will be used for the pumhase of science textbooks adopted for the current school year, for technology software purchases, the replacement of school buses, and for facility alterations and additions. The estimated total of the Capital Maintenance and Equipment Replacement Fund for 1996-97 is $2,132,371. The unappropriated balance of the fund after the above appropriation is $1,506,040. August 13, 1996 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Artist in Residence Program 96-97 6821 030-060-6821-6204-0381 Appropriation Unit X80 Contracted Artists $ 10,000.00 100.0% 030-060-6821-1101 030-060-6821-1100 Local Match $ 5,000.00 50.0% State Grant Receipts 5,000.00 50.0% $ 10,000.00 100.0% The Artist in Residence program provides funds for the enhancement of the district's literary arts program by bdnging experts into the schools for student workshops. The program is reimbursed in the amount of $5,000 by state funds. Local match in the amount of $5,000 will be provided from account 030-060-6001-6004-0588. The program will end September 30, 1997. This is a continuing program. August 13, 1996 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Alternative Education Program 96-97 6945 030-060-6945-6100-0121 03 0-060-6945-6100-0124 030-060-6945-6100-0141 030-060-6945-6100-0151 03 0-060-6945-6100-0201 030-060-6945-6100-0202 030-060-6945-6100-0204 030-060-6945-6100-0311 030-060-6945-6100-0381 030-060-6945-6100-0541 030-060-6945-6100-0542 030-060-6945-6100-0613 030-060-6945-6100-0614 030-060-6945-6100-0583 030-060-6945-6100-0585 030-060-6945-6681-0511 030-060-6945-6681-0523 Appropriation Unit X93 Secondary Teachers Administrator Teacher Aide Cledcal Social Secudty Retirement Health Insurance Contracted Services - Salem City Purchased Services Lease of Equipment Lease of Facility Library Books and Textbooks Instructional Materials Transportation Services Attendance & Health Services Electrical Services Telephone Services 601 537.00 53 000.00 78 098.00 33 289.00 58.593.00 87.392.00 85,431.00 33,100.00 5,000.00 5,184.00 114,885.00 8,719.00 4,760.00 7,800.00 5,000.00 25,000.00 10,000.00 $ 1,216,788.00 49.4% 4.5% 6.4% 2.7% 4.8% 7.2% 7.0% 2.7% 0.40/0 0.5% 9.4% 0.7% 0.4% 0.6% 0.4% 2.1% 0.8% 100.0% 030-060-6945-1101 030-060-6945-1100 Local Match $ 1,163,129.00 95.6% State Grant Receipts 53,659.00 4.4% $ 1,216,788.00 100.0% The 1996-97 Altemative Education program will provide aitemative 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. The program has absorbed the function of the pilot grant program previously known as the Regional Alternative Education Program. The program is reimbursed by state funds in the amount of $53,653. Local match revenue in the amount of $1,163,129 is provided from accounts 030-060-6001-6300-0588 ($919,611 ), 030-060-6001-6300-0542 ($125,400), and 030-060-6001-6000-0204 ($171,777). The program will end June 30, 1997. This is a continuing program. August 13, 1996 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Summer FOCUS Program 96-97 6950 030-060-6950-631 5-0121 030-060-6950-6315-0129 030-060-6950-6315-0201 030-060-6950-6315-0313 030-060-6950-631 5-0551 030-060-6950-6315-0614 Appropriation Unit X98 030-060-6950-1101 Project Coordinator $ 10,830.00 21.5% Staff Training 3,500.00 7.0% Social Security 1,096.00 2.2% Tutoring, Enrichment, Assessment Services 32,074.00 63.8% Travel 500.00 1.0% Supplies 2,272.00 4.5% $ 50,272.00 100.0% Local Funding - City of Roanoke $ 50,272.00 100.0% The Summer FOCUS program will provide funding for a collaborative effort between the Roanoke City Department of Social Services and the Roanoke City School Board toward reducing excessive absenteeism at selected elementary schools. The program will be reimbursed by the Department of Social Services in the amount of $50,272 as approved by City COuncil July 1, 1996. This is a new program. August 13, 1996 ROANOKE CITY SCHOOL BOARD P. O. Box 13145 Roanoke, VA P4031 {540) 853-2381 August 14, 1996 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its August 13 meeting, the Board respectfully requests City Council to appropriate $576,331.00 from the 1996-97 Capital Maintenance and Equipment Replacement Fund. The proceeds will be used for the purchase of science textbooks adopted for the current school year, for technology software purchases, the replacement of school buses, and for facility alterations and additions. The Board further requests the appropriation of funds to the following school accounts: Grant No. 6821 - $10, O00.E~ for the Artist in Residence program for the enhancement of the district's literary arts program. The program is reimbursed in the amount of $5,000.00 by stats funds with a local match of $5,000.00. Grant I~o. 6945 - $1,216,788.00 for the 1996-97 Alternative Education program to provide alternative curriculum and training for high risk students at the Taylor Learning Academy. The program is reimbursed by state funds in the amount of $53,653.00 with a local match of $1,163,129.00. Grant No. 6950 - $50,272.00 for the Summer FOCUS program to provide funding for a collaborative effort between the Roanoke City Department of Social Services and the Roanoke City School Board toward reducing excessive absenteeism at selected elementary schools. The program will be reimbursed one hundred percent by the Oepartment of Social Services. This is a new program. Members of Council Page 2 August 14, 1996 re The Board appreciates the approval of these requests. Sincerely, Cindy H. Ramsuer, Clerk Mrs. Marsha W. Ellison Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. William L. Murray Mr. Kenneth F. Mundy Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. James D. Grisso Mrs. Ila Farris (with accounting details)