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HomeMy WebLinkAboutCouncil Actions 12-13-93MUSSER 31777 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL December 13, 1993 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order Roll Call. All eresent. The Invocation was delivered by the Honorable David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Scout Troop No. 8, Raleigh Court Methodist Church. PUBLIC HEARINGS Public heating on the request of Berglund Chevrolet, Inc., that a 100 foot portion of Maddock Avenue, lying west of Williamson Road, N. W., located between lots bearing Official Tax Nos. 3080904 and 3080905 on the south, and Official Tax Nos. 3080815 and 3080816 on the north, be permanently vacated, discontinued and closed. Daniel F. Layman, Jr., Attorney. Adopted Ordinance No. 31777 on first reading. (7-0) Co Dw Public hearing on the request of Berglund Chevrolet, Inc., that a tract of land located on the north side of Maddock Avenue, N. W., designated as Official Tax Nos. 3080815, 3080816 and 3080817, and a tract of land located on the south side of Noble Avenue, N. W., designated as Official Tax No. 3080807, be rezoned from RM-i, Residential Multi-family, Low Density District, to C-2, General Commercial District. Daniel F. Layman, Jr., Attorney. Adopted Ordinance No. 31778 on first reading. (7-0) Public heating on the request of Richard A. Newcomb that two alleys, described as Alley No. One, extending 275 feet from Shenandoah Avenue to Centre Avenue, N. W.; and Alley No. Two, a 260 foot portion of an alley extending from the easterly right-of-way boundary of Alley No. One to a property line dividing Official Tax Nos. 2310710 and 2310711, be pe,manently vacated, discontinued and closed. Richard A. Newcomb, Spokesperson. Adopted Ordinance No. 31779 on first reading. (7-0) Public hearing on the request of the Andrews Heirs and The J. H. Heafner Co., Inc., that a tract of land located on Thirlane Road at Interstate 581, containing 9.9 acres, more or less, identified as Official Tax No. 6530101, be rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioners. T. L. Plunkett, Jr., Attorney. Adopted Ordinance No. 31780 on first reading. (7-0) 2 Public heating on the request of the City Planning Commission that the proposed Roanoke City Thoroughfare Plan dated September, 1993, be approved and adopted as an element of the Roanoke Vision, the City's Official Comprehensive Plan for Roanoke. Charles A. Price, Jr., Chairperson, City Planning Commission. In view of certain concerns and questions raised by the members of Council, action on the matter was deferred until the regular meeting of Council on Monday, January 10, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard. Public hearing to consider the relocation of two portions of the boundary line between the City of Roanoke, the Town of Vinton and the County of Roanoke. W. Robert Herbert, City Manager, and Wilbum C. Dibling, Jr., City Attorney. Adopted Ordinance No. 31781 on first reading. (7-0) (D Public heating to consider adoption of an ordinance authorizing the City to contract a debt and issue $15,700,000.00 principal amount of general obligation bonds for the purpose of providing funds to defray the cost of capital improvements to the sewer system owned and operated by the City, including, without limitation, expansion and renovation of the Regional Sewage Treatment Plant located in the City and construction of new sewer interceptors. W. Robert Herbert, City Manager. Adopted Ordinance No. 31782 on fa'st reading. (7-0) 3 (2) A report of the Water Resources Committee recommending that Council indicate its intent to approve an agreement with other participating jurisdictions to renovate and enlarge the Sewage Treatment Plant and previously identified interceptor pipelines; and approve a $15,700,000.00 general obligation bond issue to fund the City's share, as well as a phased-in three step adjustment to sewage rates and charges as set forth in a certain rate schedule. Council Member Elizabeth T. Bowles, Chairperson. Council expressed its intent to join with Roanoke County, City of Salem, Town of Vinton and Botetourt County in expansion of the Sewage Treatment Plant. Adopted Ordinance No. 31783 on first reading. (7-0) CONSENT AGENDA (APPROVED 7-0) ALL MATIZRS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MAYOR AND MEMBERS OF CITY COUNCIL AND WILL BE ENACTF. D BY ONE MOTION IN THE FORM, OR FORMS, LISTED BELOW. THF~RE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE RI~.MOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meetings of City Council held on Monday, October 4, 1993, Monday, October 11, 1993, and Monday, October 25, 1993. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. 4 C-2 A communication from Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. C-3 A report of the City Manager with regard to disposition of the City's interest in property currently operated as a sanitary landfill in the southwest area of Roanoke County. RECOMMENDED ACTION: Receive and file. C-4 Qualification of W. Alvin Hudson, Jr., and Mark E. Feldmann as members of the Roanoke Civic Center Commission for terms ending September 30, 1996. RECOMMENDED ACTION: Receive and file. C-5 Qualification of Bernice F. Jones and Frank W. Feather as members of the Advisory Board of Human Development for terms ending November 30, 1997. RECOMMENDED ACTION: Receive and file. C-6 Qualification of Ronald H. Miller as a member of the Roanoke Neighborhood Partnership Steering Committee for a term of one year ending November 9, 1994. RECOMMENDED ACTION: Receive and file. 5 REGULAR AGENDA 3. I-IF~ARING OF CITIZF~NS UPON PUBLIC MATFERS: NONE. 4. PETITIONS AND COMMUNICATIONS: ao A communication from the Roanoke City School Board recommending appropriation of $12,000.00 in connection with the Homework Helpline. Adopted Budget Ordinance No. 31784-121393. (7--0) 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: A report with regard to the City's Comprehensive Housing Affordability Strategy. Received and filed. ITEMS RECOMMENDED FOR ACTION: o A report recommending acceptance of additional funds, in the amount of $150,859.00, from the U. S. Department of Justice, Forfeited Property Sharing Program; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31785-121393. (7-0) 6 o A report recommending execution of an amendment to the lease agreement with Mr. and Mrs. Richard E. Harman, Sr., as well as an agreement with Downtown Roanoke, Inc., and Roanoke Foundation for Downtown, Inc., relating to establishment and continued operation of the Mounted Patrol Program. Adopted Resolution No. 31786-121393. (7-0) A report with regard to Christmas and New Year's holidays for 1993. o Adopted Resolution No. 31787-121393. (7-0) A report recommending acceptance of the bid submitted by Dominion Car Company to lease to the City two new window vans for use by the Sheriffs Department, for a period of 48 months at a cost of $443.78 per month per vehicle. Adopted Resolution No. 31788-121393. (6-0, Mayor Bowers abstained from voting.) A report recommending transfer of $90,000.00 to the City Attorney's Fees for Professional Services account to cover expenses for professional services rendered to the City in defending litigation. Adopted Budget Ordinance No. 31789-121393. (7-0) A report recommending adoption of a measure setting the bond amount for the City Treasurer for the temt commencing January 1, 1994, and ending December 31, 1997. Adopted Budget Ordinance No. 31790-121393 and Resolution No. 31791-121393. (7-0) 7 ge A report recommending award of a professional services contract to Hayes, Seay, Mattern and Mattern, Inc., on the basis of direct personnel expenses, plus customary fringe benefits, for providing up to 50 environmental assessments, at a cost not to exceed $75,000.00; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 31792-121393 and Resolution No. 31793-121393. (7-0) A report recommending adoption of a measure requesting the Virginia Department of Transportation to conduct a corridor study on Route 220 from Interstate 581 to the North Carolina State line for the purpose of developing a specific plan and schedule for needed improvements. Adopted Resolution No. 31794-121393. (7-0) I0. A report recommending issuance of Change Order No. 4, in the amount of $447,129.35, to the City's contract with Crowder Construction Company for Carvins Cove Filter Plant Improvements - Phase I; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 31795-121393 and Ordinance No. 31796-121393. (7-0) 11. A report recommending transfer of additional funds, in the amount of $27,000.00, in connection with necessary property and easement acquisitions relating to construction of the Statesman Industrial Park Stormwater Management System. Adopted Budget Ordinance No. 31797-121393. (7-0) 12. A report with regard to installation of a traffic signal at the intersection of Hollins Road and Old Mountain Road, N. E. Received and filed. 8 13. A report recommending execution of a contract with Hayes, Seay, Mattern and Mattern, Inc., for preparation of a concept design for a railside linear park extending from the Historic Market area to the Transportation Museum; and transfer of funds in connection therewith. 14. Adopted Budget Ordinance No. 31798-121393 and Resolution No. 31799-121393. (6-0, Council Member McCadden voted no.) A report recommending an amendment to the Transportation Fund budget for fiscal year 1994, to provide for an additional $59,129.00, representing a subsidy to Greater Roanoke Transit Company. Adopted Budget Ordinance No. 31800-121393. (7--0) 6. REPORTS OF COMMITTEES: ao A report of the Water Resources Committee recommending execution of an agreement with Appalachian Power Company for installation of underground power lines across portions of City-owned property identified as Official Tax No. 7280102. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 31801 on first reading. (7-0) A report of the Water Resources Committee recommending execution of a lease agreement for a two acre parcel of land with improvements located at 1302 Municipal Road, N. W., with Hertz Corporation, effective December 1, 1993. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 31802 on first reading. (7-0) 9 A report of the Water Resources Committee recommending that Council authorize a certain storm drain and sanitary sewer easement located at 2518 Floraland Drive, N. W., to be abandoned in order to eliminate an encroachment of the southwesterly edge of the easement into the house on said property. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 31803 on first reading. (7-0) A report of the Water Resources Committee recommending execution of a deed of easement granting a 20-foot wide gas pipeline easement for Roanoke Gas Company across City-owned property, identified as Official Tax No. 4150601, for a one-time fee of $345.00. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 31804 on first reading. (7-0) A report of the Water Resources Committee recommending the lease of certain facilities at Villa Heights Recreation Center to the League of Older Americans Area Agency on Aging to conduct a meals program for the elderly. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 31805 on first reading. (7-0) A report of the City Planning Commission recommending Council's endorsement of a list of deficiencies and recommended improvements for roadways in the City of Roanoke for further study in connection with the Roanoke Valley Area Long-Range Transportation Plan. Charles A. Price, Jr., Chairperson, City Planning Commission. Adopted Resolution No. 31806-121393. (7-0) 10 go (1) A report of the Legislative Affairs Committee transmitting the 1994 Legislative Program. Council Member William White, Sr., Chairperson. Action on the 1994 Legislative Program was deferred until the regular meeting of Council on Monday, December 20, 1993, at 2:00 p.m., or as soon thereafter as the matter may be heard. Council authorized a public hearing to be held on Monday, January 3, 1994, at 2:00 p.m., with regard to certain proposed City Charter Amendments. (2) A report of the City Attorney with regard to a technical amendment to Section 62 of the City Charter in connection with establishing staggered terms of office for members of the Board of Zoning Appeals. Received and filed. A report of the committee appointed to study the bid received by the City for parking permits in the Tower Parking Garage, recommending acceptance of a bid submitted by First Union Corporation of Virginia, and execution of a contract between First Union and the City of Roanoke. Council Member William White, Sr., Chairperson. Adopted Resolution No. 31807-121393. (7-0) A report of the committee appointed to tabulate bids received by the City to remove, transport and dispose of digested, lagooned sludge from the Water Pollution Control Plant, recommending award of a contract to Bio Gro Systems, Inc., for $80.75 per dry ton, for a minimum contract of $484,500.00. Council Member William White, Sr., Chairperson. Adopted Ordinance No. 31808-121393. (7-0) 7. UNFINISI4F D BUSINESS: None. 11 INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: None. OF 9. MOTIONS AND MISCELLANEOUS BUSINESS: ao Inquiries and/or comments by the Mayor and Members of City Council. In connection with the fiscal year 1994--95 budget, Council Member Musser requested that the City Manager review whether or not it would be feasible to provide Council with figures as to what percen!age of the sales tax and the utility tax is directly related to unfunded mandates, both at thc federal and state levels. The Mayor called attention to the beautiful Christmas decorations in downtown Roanoke and suggested that the City Manager cause information to be distributed through the news media inviting citizens to view the City's holiday decorations. bo Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARINGS OF CITIZENS: None. CERTIFICATION OF EXECUTIVE SESSION. (7-0) I. B. Heinemonn was appointed as a member of the Personnel and Employment Practices Commission 12 MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 December 13, 1993 The Honorable Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A) (1), Code of Virginia (1950), as amended. Sincerely, David A. Bowers Mayor DAB: se '93 0[0-7 p2'q~ Roanoke, Virginia December 13, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Disposition of Landfill Property You will have received the attached December 2, 1993 letter from Mr. John H. Parrott, Chairman of the Roanoke Valley Regional Solid Waste Management Board. I recommend this letter be received and filed. In accordance with the attached December 2, 1993 letter to M. Rupert Cutler, PhD, I will, at the appropriate time, make reports of recommendation to Council concerning the disposition of the City's interest in the property currently operated as a sanitary landfill in the southwest area of Roanoke County. Respectfully submitted, W. Robert Herbert City Manager WRH:am Attachments cc: Mr. John H. Parrott, Mr. Mr. Mr. Mr. Mr. Mr. Chairman, RVRSWMB Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Elmer C. Hodge, Roanoke County Administrator B. Clayton Goodman, III, Vinton Town Manager Gardner W. Smith, Chairman, RVRA Kit B. Kiser, Director of Utilities Operations ROANOKE VAr.?.my REGIONAL SOLID WASTE MANAGF2 mNT BOARD P. O. BOX 12312 ROANOKE, VIRGINIA 24024 TELEPHON~ (703) 981-9331 December 2, 1993 The Honorable David A. BOWers and Members Roanoke City Council 215 Church Avenue, SW Room 456 Municipal Building Roanoke, Virginia 24011-1536 The Honorable H. O. "Fuzzy" Minnix and Members County of Roanoke Board of Supervisors P. O. Box 29800 Roanoke, Virginia 24018-0798 Ladies and Gentlemen= SUBJECT, Disposition of Landfill Property The Honorable Charles R. Hill and Members Vinton Town Council P. O. Box 338 Vinton, Virginia 24179 The Roanoke Valley Regional Solid Waste Management Board will cease operations when the new Smith Gap Landfill begins taking waste material in a few weeks. We expect to begin closure construction in March of 1994 with completion in early fail. The 1975 Roanoke Valley Regional Landfill Agreement, which terminates July 31, 1995, provides for the parties to the agreement to determine subsequent use of the property. Except for test well monitoring and ground cover maintenance which will be the responsibility of the Roanoke Valley Resource Authority we will not use the property after closure. ' Please advise if you need further information on this matter. CC: John Hubbard RVRSWMB Members Yours very truly, J~dhn H. Parrott, Chairman Roanoke Valley Regional Solid Waste Management Board Office of the City Manager December 2, 1993 M. Rupert Cutler, Ph.D. Virginia Explore Park Director P. O. Box 457 Vlnton, VA 24179 Dear Dr. Cutler: Reference your November 23, 1993 letter concerning the disposition or utilization of the land currently being managed by the Roanoke Valley Regional Solid Waste Management Board (Board) through the Roanoke Valley Resource Authority (RVRA). I am prepared to recommend to City Council at the appropriate time agreements that will: Provide an easement to the National Park Service for the Parkway spur. Provide an "air side" operational agreement with the VRFA/Vlrginia Explore Park to plan, manage, and operate the residual lands of the Board/City, County & Town. By this letter, I am designating Kit Kiser to represent me and the City of Roanoke to meet with the personnel you mentioned and representatives of the Board, RVRA, County of Roanoke and Town of Vlnton to review the issues of closure, easements and Operating agreements. WRY:am cc: Mr. Mr. Mr. Mr. Mr. Sincerely, W. Robert Herbert City Manager Elmer C. Hodge, Roanoke County Administrator B. Clayton Goodman, III, Vlnton Town Manager Gardner W. Smith, RVRA Chairman John H. Parrott, Board. Chairman Kit B. Klser, Director, Utilities & Operations Room 364 Municipal Building 215 Church Avenue, S.W Roanoke, Virgima 240'~ 1-1591 {703) 981-2333 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2.~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #15-110-192 Vernon M. Danielsen, Chairperson Roanoke Civic Center Commission 3260 White Oak Road, S. W. Roanoke, Virginia 24014 Dear Mr. Danielsen: This is to advise you that W. Alvin Hudson, Jr., and Mark E. Feldmann have qualified as members of the Roanoke Civic Center Commission for terms ending September 30, 1996. Sincerely, Mary F. Parker, AE City Clerk MFP: sm Kit B. Kiser, Director, Utilities and Operations Bobby E. Chapman, Manager, Civic Center Facilities Vivian D. Nelson, Secretary, Roanoke Civic Center Commission Sandra H. Eakin, Deputy City Clerk 0-2 Oafh or Affirmaflon o.f O-ffiCe Sta~ of Virginia, City of Roanoke, ~o .wit: '93 ~E[;-2 P3:34 I, W. Alvin Hudson. ,Ir, , do solemnly swear (or affirm) that will support the Constitution of the United States, and the Constitution of the State of Virginia, and that will faithfully and impartially discharge and perform all the duties incumbent upon me member of the Roanoke Civic Center Commission for a term ending September 30, 1996. according to the best of my ability. So help me God. Subscribed and sworn to before me, this day of. ~ ~ /~ 0-2 Oath or Affirmation of Offic~¥~' '93 P,[:[]-7 P l ',04 State el Vi~ginla, Mark E. Feldmann ., do solemnly swear (or .6~nn) that I, I will support the Constitution o! the United States, and the Constitution of the State of Virginia, a~d that I will falthfull¥ and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Civic Center Commission, to fill the unexpired term of John S. Edwards, resigned, ending September 30, 1996. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #15-110-72 Glenn D. Radcliffe, Director Human Development Roanoke, Virginia Dear Mr. Radcliffe: This is to advise you that Bernice F. Jones and Frank W. Feather have qualified as members of the Advisory Board of Human Development for terms of four years, each, ending November 30, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Glenna O. Ratcliffe, Secretary, Advisory Board of Human Development Sandra H. Eakin, Deputy City Clerk 0-2 Oath or Affirmation of Offi~ ~ 8f~f~ of ¥irgini~, Cirri o~ Roa.oke, to .~i~: I, Bernice F. Jones , do solemnly swear (or affirm) that I walsup~ the Constitution ofthe United S~tes, and the Consti~tionoftheS~ ofVirginia, and t~t I wal ~ith~llyandimpa~ial]y discharge and pe~orm allthe dutlesincumbent upon meas a member of the Advisory Board of Human Development for a term of four years ending November 30, 1997. according to the best of my ability. So help me God~/~ /~ .b,c ,bed.ndswor. tohe'o ,ne, dayo, ~ ' ~ - ., Deputy Clerk 0-2 Oath or Affirmation of OffiCe 8ta~ o] Virginia, Cit~ o] Roanoke, ~o .wi~: '93 t~V 31 , do solemnly swear (o~ ~.ffi. tm) that I w~lsup~ ~e Constitution ofthe United S~tes, and ~e Consti~tionof ~eS~ of ~rgin~, ~dthat I w~l ~ith~Hy andimpa~ially dischargeand per~rm ~1 ~e dutieslncumbent upon mess a member of the Advisory Board of Human Development for a term of four years ending November 30, 1997. according to the best of my ability. Subscribed and sworn to before me, this MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #15-110-488 Charles W. Hancock, Chairperson Roanoke Neighborhood Partnership Steering Committee 1016 Estates Road, S. E. Roanoke, Virginia 24014 Dear Mr. Hancock: This is to advise you that Ronald H. Miller has qualified as a member of the Roanoke Neighborhood Partnership Steering Committee for a one year term ending November 9, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Stephanie F. Cicero, Roanoke Neighborhood Partnership Coordinator Sandra H. Eakin, Deputy City Clerk 0-2 Oafh or AffirmaHon of O ce State o] Virginia, Cit~/ o] Roanoke, ~o.wit: NOV 22 P1:4'? I, Rnnald H_ Miller , do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and tlmt I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Neighborhood Partnership Steering Committee for a one year term ending November 9, 1994. ,ceordi,g to the bes, o' my ,bilit¥. So ~e'p me~od, :~.~.~ ~_/~..~.~./~f~ - Subscribed and sworn to before me, this ~ ~ day } ~0~ · Deputy Clerk MARY F. PARKF~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia .2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #60-467 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31784-121393 amending and reordaining certain sections of the 1993-94 School Fund Appropriations, by appropriating $12,000.00 to provide funds for Homework Helpline, which is a telephone call-in service for students in grades K - 8 to receive guided assistance by teachers who staff the lines through a call-forwarding system. Ordinance No. 31784-121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. Sincerely, Mary F. Parker, CMCFAAE City Clerk MFP: sm Erie. pc: Charles W. Day, Chairperson, Roanoke City School Board, 1830 Grayson Avenue, N. W., Roanoke, Virginia 24016 E. Wayne Harris, Superintendent of Roanoke City Public Schools Richard L. Kelley, Executive for Business Affairs, Roanoke City Public Schools June S. Nolley, Clerk of the Roanoke City School Board W. Robert Herbert, City Manager Diane S. Akers, Budget/Management Analyst, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of December, 1993. No. 31784-121393. AN ORDINANCE to amend and reordain certain sections of the 1993-94 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. Roanoke THEREFORE, BE IT ORDAINED by the that certain sections of the Council of the city of 1993-94 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education Homework Helpline 1993-94 (1-2) .................. $23,556,597 12,000 Revenue Education Homework Helpline 1993-94 $23,556,597 12,000 1) Teachers Stipends 2) social Security 3) Donation (030-060-6918-6000-0129) $ 11,147 (030-060-6918-6000-0201) 853 (030-060-6918-1103) 12,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. December 13, 1993 BEC-9 P3:24 TO: FROMz SUBJECTz Honorable Mayor and Members of city Council James D. Grisso, Director of Finance School Board Request for the Appropriation of Funds School I have reviewed the attached request to appropriate funding for the School Board. This report will appropriate funding for one grant in the School Fund. This grant is funded with donations. I recommend that you concur with the request of the School Board. JDG:das Director of Finance Charles W. Day, Chairman C. Nelson Harris M. Wendy O'Neil, Vice Chairman Finn D. Pincus Marilyn C. Curtis Cluberr G. Poff noke James M. Turner, Jr. £. Wayne Harris, Superintendent June S. Nolley, Clerk of the Board City' School Board P.O. Box 13145, Roanoke, Virginia 24031 · 703-981-2381 · Fax: 703-981-295t December 8, 1993 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 December 7, 1993 meeting, the Board respectfully requests City Council to appropriate $12,000 for the Homework Helpline. The program is a telephone call-in service for students in grades K-8 to receive guided assistance by teachers who staff the lines through a call fonvarding system. WBRA and Pepsi-Cola are the business sponsors of the Homework Helpline. Sincerely, Nolley~~~''~ Clerk of the Board re cc: Mr. Charles W. Day. Mr. E. Wayne Hams Mr. Richard L. Kelley Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy Mr. W. Robert Herbert Mr. Wilbum C. Dibling Mr./ames D. Grisso Ms. Ila Farriss (with accounting details) Excellence in Education RO~OKE CItY SCHO0b BOARD Roanoke, Virginia APPRO?RIATION REOUEST Homework Relpline 93-94 6918 030-060-6918-6000-0129 030-060-6918-6000-0201 Appropriation Unit X9B 030-060-6919-1103 Teacher Stipends Social Security Donation 11,147.00 853.00 12,000.0Q 12,000.00 The Homework Helpline is a telephone call-in service for students in grades K-8 to receive guided assistance by teachers who staff the lines through a call forwarding system. Blue Ridge Public Television has established the service and instituted the call forwarding programming through their telephone lines. WBRA and Pepsi-Cola are the business sponsors of the Homework Helpline. The program will end June 30, 1994. December 7, 1993 · '93 OF'O-8 A8:21 Roanoke, Virginia December 13, 1993 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Comprehensive Housing Affordability Strategy (CHAS) Please reserve space on Monday's agenda for a briefing on the above-referenced matter. Respectfully submitted, W. Robert Herbert City Manager WRH:mpf CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICA~O~ -7 P ~ :21 TO: FROM: DATE: Mary F. Porker, City Clerk J arlles, Agent, Roanoke City Planning Commission December 6, 1993 SUBJECT: CHAS Briefing This is to request that time be reserved on City Council's agenda for Monday, December 13, 1993, for a briefing, by Dan Pollock, Housing Development coordinator, on the City's Comprehensive Housing Affordability Strategy (CHAS). City Council will be asked to take action on the draft CHAS at their December 20, 1993, meeting. Please call me if you have any questions. JRM:mpf cc: Housing Development Coordinator MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #60-133-5 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31785-121393 amending and reordaining certain sections of the 1993-94 Grant Fund Appropriations, providing for appropriation of $150,859.00, representing funds received from the U. S. Department of Justice, Forfeited Property Sharing Program. Ordinance No. 31785-121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. The Honorable Donald S. Caldweli, Commonwealth's Attorney W. Robert Herbert, City Manager George C. Snead, Jr., Director, Public Safety M. David Hooper, Chief, Police Department Diane S. Akers, Budget/Management Analyst, Office of Management and Budget Government of the exist. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of December, i993. No. 31785-121393. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Public Safety Federal Investigation Subsidy ~v~ua Public Safety Federal Investigation Subsidy (1) ................ (2) ................ $ 1,343,153 855,226 1,343,153 855,226 1) Investigations and Rewards 2) Federal Investigation Subsidy (035-050-3300-2150) (035-035-1234-7060) $ 150,859 150,859 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia December 13, 1993 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Sharing Federally Forfeited Property I. Backaround: Conqress amended 21 USC. Sec. 881 el-4, October, 1986, which authorized the transfer of certain federally forfeited property to state and local law enforcement agencies that participated in the investigation and seizure of the property. ADDlication for an equitable share of property seized by local law enforcement must be made to the U. S. Department of Justice and certified by the City Attorney as to the appropriate agency and representative to receive the property and that the transfer is not prohibited by state and local law. Property (including funds shared with state and local agencies) may be used only for the purpose stated in the applicatioN, i.e., narcotics investigations related to law enforcement. The a~encv requesting the transfer of property agrees to pay fees and expenses necessary to effect the transfer. January 4, 1988, Council, at its regular meeting, authorized the Director of Finance to establish grant fund accounts from which funds may be dispersed in accordance with provisions of this program. II. Current Situation: Police Department receives periodically from the federal sharing program. additional funds government's asset City Council action is required additional funds to be dispersed in with provisions of the program. to accept accordance Subject: Mayor and Members of Council Sharing Federally Forfeited Property Page 2 III. Revenues collected through November 29, 1993, for this grant are $855,226.00 and deposited in Grant Account Number 035-035-1234-7060. Current revenue estimated is $704,367.00. Funding received in excess of the estimated revenue which totals $150,859.00 needs to be appropriated at this time. Expenditures from this grant through November 29, 1993 are $542.550.00. Issues: IV. A. Need B. Funds Availability Alternatives: ae city Council accept additional ($150,859.00) funds from U. S. Department of Justice, Forfeited Property Sharing Program and authorize the Director of Finance to establish appropriate accounts so that funds can be expended in accordance with program requirements. 1. Need exists to provide additional funds and equipment to enhance undercover narcotics control investigations. Fund availability will be controlled by effectiveness of investigations through assets seized and forfeited in Joint investigations with federal agencies. city Council reject assets from Federal Forfeiture Sharing Program and not authorize Director of Finance to establish appropriate accounts for such assets. Need for supplemental increased effectiveness of enforcement will not be met. funds enabling undercover drug Funds will not be applied for or received from the Federal Forfeiture Sharing Program. Recommendation is that Council approve Alternative "A" to accept assets from the Federal Forfeited Property Sharing Program and: Subject. Mayor and Members of Council Sharing Federally Forfeited Property Page 3 ~ $150,859.00 to the following grant fund account: Investigations and Rewards (035-050-3300-2150)..- Increase the revenue estimate for this grant by $150,859.00 (Account 035-035-1234-7060)- Respect~lly submitted,i ~b~r ~~ert~ city Manager WRH:MDH:kt c: city Attorney Director of Finance Director of Administration/Public Safety MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #2-5-54-277-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31786-121393 authorizing execution of an agreement with Downtown Roanoke, Inc., and Roanoke Foundation for Downtown, Inc., to provide for establishment of a Mounted Police Unit, commencing July 1, 1993, and terminating June 30, 1996, renewable for successive terms of 12 months, each, for a total term not to exceed five years from the date of commencement of the initial term, as more particularly set forth in a draft agreement attached to a report of the City Manager under date of December 13, 1993; and further authorizing an amendment to the lease between the City of Roanoke and Richard E. and Margaret P. Harman of premises located at 1615 Cleveland Avenue, S. W., identified as Official Tax No. 1320805, to provide that the City shall indemnify and hold harmless Mr. and Mrs. Harman from claims arising out of use of the leased premises by the City, its officers, agents, employees or invitees. Resolution No. 31786-121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. Sincerely, Mary F. Parker, CMC~/AA City Clerk MFP: sm Eno. W. Robert Herbert December 17, 1993 Page 2 pc: Mr. and Mrs. Richard E. Harman, 1615 Cleveland Avenue, S. W., Roanoke, Virginia 24016 Franklin D. Kimbrough, III, Executive Director, Downtown Roanoke, Inc., 310 First Street, S. W., Roanoke, Virginia 24011 Joseph Wright, President, Roanoke Foundation for Downtown, Inc., P. O. Box 13727, Roanoke, Virginia 24036-3727 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Deborah J. Moses, Chief of Billings and Collections William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Richard V. Hamilton, Real Estate Agent George C. Snead, Jr., Director, Public Safety M. David Hooper, Police Chief Kit B. Kiser, Director, Utilities and Operations IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of December, 1993. No. 31786-121393. A RESOLUTION authorizing the execution of an agreement with Downtown Roanoke, Inc. and Roanoke Foundation for Downtown, Inc., to provide for the establishment of a Mounted Patrol Unit and further authorizing the execution of an amendment to a lease between the City and Richard E. and Margaret P. Harman. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City of Roanoke, in form approved by the City Attorney, an agreement with Downtown Roanoke, Inc. and Roanoke Foundation for Downtown, Inc., to provide for establishment of a Mounted Patrol Unit. 2. The term of the agreement shall commence July 1, 1993 and terminate June 30, 1996, and shall be renewable for successive terms of twelve (12) months each for a total term not to exceed five (5) years from the date of commencement of the initial term. 3. Such agreement shall contain such other terms and conditions as are substantially set forth in the draft agreement to the City Manager's report to this Council dated 13, 1993, and as approved and required by the City attached December Manager. 4. The City Manager or the Assistant City Manager and the City Clerk are also authorized to execute and attest, respectively, for and on behalf of the City of Roanoke, in form approved by the City Attorney, an amendment to the lease with Richard E. and Margaret P. Harman of a certain portion of property identified by official tax number 1320805, and located at 1615 Cleveland Avenue, S.W., to provide that the City lessors from claims arising out the City, its officers, agents, shall indemnify and hold harmless of use of the leased premises by employees or invitees. ATTEST: City Clerk. CITY-D~mber i3; 1993 '93 BIO-9 /~S:I/, Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Mounted Patrol Program Legal Documents I. Back£round: May 4. 1993. City. Council authorized and directed the City Manager and his staff to work with Downtown Roanoke, Inc. to develop and implement a Mounted Patrol Program. Downtown Roanoke. Inc. (I)RB established the Roanoke Foundation for Downtown, Inc. (Foundation) to secure funding and provide oversight and leadership for the program. October 4. 1993. City Council approved and authorized the City Manager to execute a lease with Mr. and Mrs. Richard E. Harman, Sr. for stable facilities to be used by police horses at minimal cost to the City. II. Current Situation: The lease between The Harmans and the City has not been executed as the lessors have requested an amendment containing specific indemnification language. Agreement between City. DRI and Foun~tion is in the final stages of negotiation, and authority for the Manager to execute the agreement is required. A copy of the proposed agreement is attached (Attachment A). III. Issues: Police Officers and their mounts will complete training and be available for service the week of December 20, 1993. A. Legal B. Timing Honorable Mayor and Members of City Council Page 2 December 13, 1993 IV: Alternatives: City Council authorize the City Manager to execute, on behalf of the City of Roanoke, i) an amendment to lease with Mr. and Mrs. Harman for stable space to provide for indemnification by the City of lessors and ii) an agreement with Downtown Roanoke, Inc. and Roanoke Foundation for Downtown, Inc. in substantially the form attached as Attachment A and any other documents essential to the establishment and continued operation of the Mounted Patrol Program. Le~,ality - The City Manager docs not have authority without specific approval of City Council to execute a lease containing language which indemnifies and holds harmless the lessor or an agreement establishing the Mounted Patrol Unit. This alternative will permit the Manager to enter into such agreements. Timing - It is critical if stable space and agreements are to be in place for the implementation of the Mounted Patrol Program before the week of Christmas. Do not act to authorize the City_ Manager to enter into an agreement concerning an indemnification clause or other necessary legal documents for the operation of a Mounted Patrol Program. Le£ality would not permit continuation at the present pace and implementation of the program would be delayed until legal issues are resolved. Timing of the planned implementation of the program would be delayed indefinitely. Honorable Mayor and Members of City Council Page 3 December 13, 1993 Recommendation is that City Council approve Alternative A authorizing the City Manager to execute the amendment to the lease with Mr. and Mrs. Harman, the agreement with DRI and Foundation, and the necessary agreements and documents in form approved by City Attorney to enable and maintain the Mounted Police Program. Respectfully submitted, W. Robert Herbert City Manager WRH:MDH:mr attachments AGREEMENT THIS AGREEMENT by and between THE CITY OF ROANOKE, VIRGINIA, a municipal corporation organized under the laws of the Commonwealth of Virginia ("City"), ROANOKE FOUNDATION FOR DOWNTOWN, iNC., a non-stock corporation organized under the laws of the Commonwealth of Virginia ("Foundation") and DOWNTOWN ROANOKE, INCORPORATED, a non-stock corporation organized under the laws of the Commonwealth of Virginia ("DRI") is dated October 1, 1993, for identification. WHEREAS, the parties to this Agreement desire that City establish a mounted patrol unit ("Unit") within the Police Department of City to serve the residents of City; and WHEREAS, Foundation has agreed to provide horses, means of transportation, special equipment and training, feed, reasonable and necessary veterinary and farrier services, and certain other related goods and services necessary to operation of the Unit all as more particularly set forth herein; and WHEREAS, City has entered into a lease agreement with Richard E. Harman and Mary P. Harman to lease a building containing an office and stables located at 1617 Cleveland Avenue, SW, Roanoke, Virginia ("Harman Property"); and WHEREAS, City has agreed to provide salary, benefits, and ordinary police equipment and uniforms for police officers assigned to the Unit; and WHEREAS, DRI agrees to assure Foundation's performance of its duties and responsibilities arising under this agreement for the term of this agreement; NOW THEREFORE, the parties agree as follows: The term of this Agreement shall be for 3 years, commencing July 1, 1993, and ending on June 30, 1996. This Agreement shall automatically renew for 2 successive terms of one year each for a total period not to exceed 5 years from the commencement of this Agreement unless any party shall provide to the other parties, at least 60 days prior to the end of the initial term or any renewal term, written notice of the notice giver's intent not to renew the Agreement. If the lessor of the Harman Property provides timely notice to City of lessor's intent not to renew City's lease at the end of the initial term or the first renewal terrh, Foundation and DRI shall have the right, within 10 days of receipt of such notice, to terminate this Agreement at the end of the termination date of the Harman Property lease or the initial term or the first renewal term in the option of Foundation and DRI. 2 The Unit shall consist of 3 horses and 3 City Police Officers. The Unit shall at all times be subject to the operational control of City. Foundation shall be responsible for funding the initial training of the officers at the Maryland State Park Police Academy from October 4, 1993 through December 17, 1993, including food and lodging for the officers, transportation for the horses to and from training, and transportation of the officers to and from training at the start and at the end of training and on weekends. Foundation has arranged for the donation of 3 horses to the Roanoke City Police Department to be used in the Unit. The rights, duties and obligations of the donor of each of these horses is more fully set forth in the Donor Release Agreement, a copy of which is attached hereto and incorporated herein as Exhibit ^. If any of these horses is determined to be unsatisfactory for use in the Unit during the 90-day trial period, all in accordance with the provisions of Exhibit A, the Foundation will provide a replacement home or homes. Additionally, in the event that any of the homes used by the Unit become unsuitable for service in the Unit, such unsuitability to be determined by the City and Foundation, Foundation shall provide a replacement animal satisfactory to City and Foundation. 3 Foundation shall provide necessary riding equipment for each of the officers, including: a. Riding Breeches b. Riding Boots c. Spurs d. Boot Socks e. Boot Jacks f. Riding Gloves g. Helmets h. Coveralls i. Windbreakers j. Raincoats k. Winter coats Foundation shall provide for the horses in the Unit reasonable and necessary forage, bedding, tack and grooming equipment, saddles, veterinary services, farrier services, and medicines, the necessity of which shall be determined by both the Foundation and City. Foundation shall also provide a suitable tow vehicle and horse transportation carrier on or before December 31, 1993. City shall provide and be responsible for routine operating expenses including, but not limited to, servicing and maintenance costs of the vehicle and carrier. Costs 4 of non-routine servicing and maintenance shall be the responsibility of Foundation unless such services and/or maintenance are made necessary through the negligent, careless or reckless action of City employees, agents, or assigns. Any such non-routine servicing and maintenance shall be subject to prior written approval by the Foundation. The foregoing not withstanding, the Foundation shall have no responsibility for the payment or reimbursement of any expense incurred hereunder unless an expense voucher or request for payment is received within 45 days of the expense being incurred. Prior to January of each year that this Agreement is in effect, City and Foundation will confer and discuss preparation of the annual operating budget for the next fiscal year. Between January 1 and February 1 of each year, City shall prepare and forward to Foundation a draft of the budget for the Unit. Foundation shall have 30 days after receipt of the budget draft in which to reject the budget. If Foundation rejects the budget, the parties will undertake good- faith negotiations in an attempt to reconcile the budget differences. If the parties fail to come to an agreement, the previous year's operating budget shall be adopted. However, in the event that the FY 93-94 budget is adopted pursuant to this provision, the initial outfitting provisions for the Unit shall be expressly excluded. 5 Any expenditures which are not provided for in the operating budget shall be subject to prior written approval by the President of the Foundation. Such approval shall be obtained, in writing in advance of incurring expenses, if such prior written approval is practicable under the circumstances, if such prior written approval, though practicable, is not obtained, payment of such expenses shall be the responsibility of City. Foundation shall be responsible for all reasonable and necessary payments for stablehand and groom services and electricity charges incurred at the stable during the term of this agreement, all of which shall be subject to the prior written approval of the Foundation. City shall be responsible for officers' salaries and benefits and ordinary police equipment and uniforms. If any officer is unable to perform mounted police duties during the initial term or any renewal term of this Agreement, City shall be responsible for the cost of training a replacement officer. 11. If City should decide to increase the size of the Unit, City shall be responsible for any and all costs associated with such increase. 12. The parties recognize that the Unit shall be under the operational control of City and that the horses and all equipment donated to City shall be the sole property 6 of City. City agrees to indemnify and hold harmless Foundation and DRI, their respective officers, agents, and employees, from claims arising out of City's intentional or negligent acts or omissions with respect to this Agreement. 13. In the event that Foundation fails or refuses to perform its duties hereunder, City shall, within 45 days of Foundation's failure or refusal of performance, give DRI written notice of such failure or refusal of performance which notice shall completely and accurately describe the duty and the nature of the Foundation's refusal or failure of performance. Within 30 days of receipt of such notice, DRI shall undertake to perform or cause the performance of the said duty of Foundation. No funds received from the service district tax shall be expended for purposes of this Agreement. 14. Any and all notices, requests or demands given or required to be given under this Agreement shall be in writing and mailed by registered or certified mail, return receipt requested, postage prepaid, or hand-delivered to the other par{y. Notice to the City shall be provided to City Manager, 364 Municipal Building, Roanoke, Virginia 24011. Notice to Foundation or to DRI shall be provided to Executive Director, Downtown Roanoke, Incorporated, 310 First Street SW, Roanoke, Virginia 24011. 7 15. In the performance of this Agreement, Foundation and DRI shall not discriminate against any contractor, subcontractor, sublessee, employee, applicant for employment, or invitee, because of race, religion, color, sex, or national origin, except where race, religion, color, sex, or national origin is a bona fide qualification reasonably necessary to the normal operation of the party. 16. ATTEST: This agreement shall not be amended or modified unless such amendment or modification is set forth in a written instrument executed by all parties to this agreement. CITY OF ROANOKE: Mary F. Parker, City Clerk Witness Susan M. Carter Administrative Assistant By: Its; ROANOKE FOUNDATION DOWNTOWN, INC. By: FOR Its: DOWNTOWN ROANOKE, INCORPORATED By: Its; 8 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #175-184 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31787-121393 providing City employees with two additional holidays for the 1993 calendar year only. Resolution No. 31787-121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Willard N. Claytor, Director of Real Estate Valuation Robert H. Bird, Municipal Auditor Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works George C. Snead, Jr., Director, Public Safety Glenn D. Radcliffe, Director, Human Development Kenneth S. Cronin, Personnel Manager IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of December, 1993. No. 31787-121393. VIRGINIA A RESOLUTION providing City Employees with two (2) additional holidays for this calendar year only. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Ail City Offices shall be open for business Thursday, December 23, 1993, and Thursday, December 30, 1993. 2. With approval of the department manager, any city employee may, upon request, be permitted to take as a holiday either or both Thursday, December 23, 1993, or Thursday, December 30, 1993. 3. City personnel who work on Thursday, December 23, 1993, or Thursday, December 30, 1993, shall be accorded equivalent time off during the current fiscal year in accordance with a schedule to be approved by the department manager. 4. Adherence to this resolution shall cause no disruption or cessation of the performance of any emergency, essential or necessary public service rendered or performed by the City. ATTEST: City Clerk. '93 [!EC-9 A30:2 3 Office of the City Monager December 13, 1993 Honorable Mayor and Members of city Council city of Roanoke, Virginia SUBJECT: RECOI~ENDATION OF T~O ADDITIONAL HOLIDAYS FOR 1993 Dear Members of Council: As we approach the Christmas and New Year holiday season, I want to thank Council for your inquiries and consideration of adding two holidays to the schedule for this year, Thursday, December 23 and Thursday, December 30, 1993. The addition of these holidays is in recognition of the hard work City employees provide in delivering services to our customers. Historically, when such holidays have been added, City operations are closed except for city personnel who are engaged in twenty-four hour operations or who could not be off for reasons of public health, safety or welfare. Based on our need to continue to deliver City services and at the same time show sincere appreciation for the work of our employees, I am recommending that these two holidays be provided as "floating" holidays which may be taken with the approval of the department manager, between the day the holiday is earned and the end of our fiscal year, June 30, 1994. By providing the holidays in this manner, we will be open for business on these days. Individual work schedules will be approved by the department managers. Therefore, direct public services such as refuse collection, social services, street maintenance and leaf collection will not be interrupted. Additionally, by having floating holidays, we will hopefully avoid some overtime which would be required if we were to play "catch up" due to shutting down some services on these days. A resolution will be presented at the December 13, 1993 City Council meeting for your consideration of this recommendation. Respectfully submitted, W. Robert Herbert City Manager WP/{: jh Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke~ Virginia 24011 (703) 981-2333 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #121-361-472 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31788-121393 accepting a bid submitted by Dominion Car Company to lease to the City two new eight-passenger window vans for use by the Sheriff's Department, for a period of 48 months, at a cost of $443.78 per month per vehicle. Resolution No. 31788-121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Robert Kaplan, Vice President, Dominion Car Company, 1258 E. Main Street, Salem, Virginia 24153 The Honorable W. Alvin Hudson, City Sheriff Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, General Services Diane S. Akers, Budget/Management Analyst, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of December, 1993. No. 31788-121393. A RESOLUTION providing for lease of two new eight passenger window vans for use by the Sheriff's Department, upon certain terms and conditions, by accepting a bid made to the City for the lease of such vehicles. (2) new eight passenger window $443.78 per month per vehicle, ACCEPTED. 2. The City's Manager of General authorized and directed to issue any require BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid submitted by Dominion Car Company to lease two vans at a monthly rental rate of for a term of 48 months, is hereby Services is hereby purchase orders for the lease of such vehicles, and the City Manager or the Assistant City Manager is authorized to execute, for and on behalf of the City, any required lease agreement with respect to the aforesaid vehicles, such agreement to be in such form as shall be approved by the City Attorney. ATTEST: City Clerk. Roanoke, V 1 r~'iT~/1a December 13, 1993 '93 Honorable Mayor and City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: Leasing of Two (2) New Window Vans for Sheriff's Department, Bid Number, 93-10-107 I. Background Window Van type vehicles are necessary for transportation of prisoners as required by the Sheriff's Department. Specifications were developed and along with a request for quotation, were sent to seven (7) vendors that are currently listed on the City's bid list. This request for bids was also published in the Roanoke Times and World News and the Roanoke Tribune. Bids received, after due and proper advertisement, were publicly opened and read at 2:00 p.m. on Thursday, November 11, 1993 in the Office of the Manager of General Services. Two . Requested vehicles are needed to replace existing vans which have high milage and are experiencing increased maintenance cost. II. Current Situation Two (2) bid responses were received. A Bid Tabulation is attached. The bids received were evaluated by the City Sheriff, Manager of General Services and Manager of Fleet Management. The bid, submitted by Dominion Car Company meets all required specifications for the cost of $443.78 per month per vehicle. The lease cost of the requested vehicles will be paid from the reimbursements received from the State for their operation, thereby preventing the initial capital outlay. Window Vans Bid No. 93-10-107 Page 2 III. Issues IV. A. Need B. Compliance with Specifications C. Expense Reimbursement D. Fund Availability Alternative Accept the bid submitted, to lease Two (2) new Window Vans for the Sheriff's Department for a period of 48 months, from Dominion Car Company for the cost $443.78 per month per vehicle. 1. Need - Requested vehicle is necessary to perform required duties of the Sheriff's Department. Compliance with Specifications - The bid submitted by Dominion Car Company meets all required specifications. Expense Reimbursement - The State of Virginia will reimburse at $.2705 per mile for this vehicle. Fund Availability - Funds are available in the Sheriff's Equipment Rental Account #001-024- 3310-3070. Reject the bid Need - The support for prisoner transportation duties of the Sheriff's Department would not be accomplished in the most efficient and effective manner. Compliance with Specifications would not be a factor in this alternative. Expense Reimbursement would not be a factor in this alternative. 4. Fund Availability Funds available for this expenditure would not be expended. Window Vans Bid No. 93-10-107 Page 3 cc: Purchase the two new Window Vans for the Sheriff's Department. 1. Need Requested vehicle is necessary to perform required duties of the Sheriff's Department. Compliance with Specifications would be a factor in this alternative since the purchase of the vans would need to be re-bid. Expense Reimbursement - The State of Virginia would not reimburse capital outlay expenses. Mileage reimbursement is the only method of recovering the cost of the vans. Fund Availability - Adequate funding is not available in account 001-024-3310-3070. An additional funding source would have to be identified. V. Recommendation Council concur with Alternative "A" - accept the bid to lease mo (2) new Window Vans for the Sheriff's Department for a period of 48 months as submitted by Dominion Car Company for the cost of $443.78 per month per vehicle· Respect~ll~mi~~.~ W. Robert Herbert City Manager City Attorney Director of Finance Management and Budget MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #60-83-405 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31789-121393 amending and reordaining certain sections of the 1993-94 General Fund Appropriations, providing for the transfer of $90,000.00 from General Fund Contingency to the City Attorney's Fees for Professional Services account, to provide funds for certain expenses incurred for professional services rendered to the City in defending litigation. Ordinance No. 31789-121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Diane S. Akers, Budget/Management Anaiyst, Office of Management and Budget · N THE COUNCIL OF THE C~TY OF ROi~OKE, V~R~NI~ 1993-94 emergency. WHEREAS, Government exist. The 13th day of December, 1993. No. 31789-121393. AN ORDINANCE to amend and reordain certain sections of the General Fund Appropriations, and providing for an for the usual daily operation of the Municipal of the City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: & ro riations General Government City Attorney (1) ................................. Nondepartmental Contingency - General Fund (2) .................... 9,355,974 639,154 46,228,674 271,640 1) Fees for Professional Services 2) Contingency (001-003-1220-2010) $ 90,000 (001-002-9410-2199) (90,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. '93 ~?,-8 /~10:57 December 13, 1993 Honorable Mayor and Members of Council Roanoke, Virginia Subject: Transfer of Funds for City Professional Fees Dear Mayor and Members of Council: I. Baok~ The Office o__f City ~ is charged with the responsibility of handling legal matters concerning the City in accordance with law and in a timely and efficient manner. Be De Est~ the annual cost o__f professional servic~ can be difficult, since many of the costs of outside legal services are impossible to anticipate when the annual operating budget is adopted. Actual ~ for Fees for Professional Services for Fiscal Year 1991-92 were $62,510; actual expenses for Fiscal Year 1992-93 were $29,769. $30,000 was ~ for Fiscal Year 1993-94 for Fees for Professional Services. The balance available in the account is $7,798.09 II. Current Situetion: A__s o_~f December 6, 1993, the City ~ office has incurred leqal ~~~.83. These expenses are for professional services rendered to the City in defending litigation. Fundinq, in t~e City Attorney's budget, for these expenditures is not adequate. III. Issues: A. ~ o__f the City B. Funding Availabilit IV. Alternatives= ae City Council transfer $90,000 from Genera______!l Fund Contin e~ Account $001-002-9410-2199 to Office of City Attorney, Fees for Professional Services Account #001-003-1220-2010. ~ of the City - Outstanding invoices to vendors would be paid on a timely basis and a reasonable sum for additional professional services incurred during this fiscal year would be provided. Fundinq Availabilit - Funding to pay for legal expenses is available in contingency accouRt. Do not transfer $90,000 from General Fund Contingency Account #001-002-9410-2199 to Office of City Attorney, Fees for Professional Services Account #001-003-1220-2010. ~ of the City - Outstanding invoices to vendors would not be paid on a timely basis and provision for additional professional services during this fiscal year would not be made. Fundinq Availabilit - Funding would still need to be identified to pay for legal expenses. Recommendation City Council concur in Alternative A, and transfer $90,000 from General Fund Contingency Account #001- 002-9410-2199 to Office of City Attorney, Fees for Professional Services Account #001-003-1220-2010. Respectfully Submitted, bert Herbert city Manager cc: Wilburn C. Dibling, City Attorney James D. Grisso, Director of Finance James D. Ritchie, Assistant City Manager Diane S. Akers, Budget Administrator MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #53-34 The Honorable Gordon E. Peters City Treasurer Roanoke, Virginia Dear Mr. Peters: I am attaching copy of Resolution No. 31791-121393 prescribing official bond, in the amount of $1,000,000.00, for the Treasurer of the City of Roanoke, commencing January 1, 1994, and ending December 31, 1997, and approving the Fidelity and Deposit Company of Maryland as the surety thereon. Resolution No. 31791-121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Robert E. Mullen, Jr., Agent, c/o McDonough Caperton Insurance Group, P. O. Box 1300, Roanoke, Virginia 24006 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Diane S. Akers, Budget/Management Analyst, Office of Management and Budget Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, General Services Kenneth S. Cronin, Personnel Manager Barry K. Ag'new, Acting Risk Management Officer IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of December, 1993. No. 31791-121393. VIRGINIA, A RESOLUTION prescribing the amount of the bond of the Treasurer of the City of Roanoke and approving the surety thereon. WHEREAS, Gordon E. Peters, has been re-elected Treasurer of the City of Roanoke for a term commencing January 1, 1994, and ending on December 31, 1997, and has requested the Council to fix the amount of his official bond and to approve the surety offered thereon; and WHEREAS, Fidelity and Deposit Company of Maryland, a corporate bonding company, has offered to become the surety on such bond as is prescribed for said Treasurer by the Council pursuant to the provisions of S37 of the City Charter. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Before entering upon his duties as Treasurer of the City of Roanoke for the term commencing January 1, 1994, and ending December 31, 1997, the said City Treasurer-Elect, Gordon E. Peters, shall properly make, execute and lodge with the City Clerk, a bond approved as to form and execution by the City Attorney, payable to the City of Roanoke and executed by the aforesaid Gordon E. Peters and by the surety hereinafter approved, in the sum of $1,000,000.00, conditioned upon said City Treasurer faithfully discharging his official duties in relation to the revenue of the City and such other official duties as may be imposed upon him by the City Charter and by ordinances of this Council. 2. Council hereby approves the Fidelity and Deposit Company of Maryland, a corporate bonding company, authorized to transact business as a surety in the Commonwealth of Virginia, as the surety of the aforesaid bond. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #60-34-53 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31790-121393 amending and reovdaining certain sections of the 1993-94 General Fund Appropriations, providing for the transfer of $14,500.00 from Contingency - General Fund to Risk Management- Insurance, to provide funds for a Faithful Performance Bond required of the City Treasurer for a term commencing January 1, 1994, and ending December 31, 1997. Ordinance No. 31790-121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: The Honorable Gordon E. Peters, City Treasurer W. Robert Herbert, City Manager Diane S. Akers, Budget/Management Analyst, Office of Management and Budget Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, General Services Glenn D. Radcliffe, Director, Human Development Kenneth S. Cronin, Personnel Manager Barry K. Aguew, Acting Risk Management Officer 1993-94 General emergency. WHEREAS, Government of the exist. IN THE COUNC?L OF THE C'rTy OF ROANOi~E~, VIRGINIA The i3th day of December, 1993. No. 31790-121393. AN ORDINANCE to amend and reordain certain sections of the Fund Appropriations, and providing for an for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Government Risk Management (1) ............................... Nondepartmental Contingency - General Fund (2) .................... $ 9,370,474 544,085 46,214,174 257,140 1) Insurance 2) Contingency (001-002-1262-3020) $ 14,500 (001-002-9410-2199) (14,500) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. '93 0 P!P:28 ~onorable Mayor and Me~bers of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Bonding for City Treasurer December 13, 1993 I. Back~round: Bondina for the City Treasurer is required by the Roanoke city Charter - Section 37. City Treasurer, as follows: "He shall give bond in such sum as the council may prescribe with surety to be approved by the council, conditioned for the faithful discharge of his official duties in relation to the revenue of the city, and of such other official duties as may be imposed upon him by this charter and the ordinances of the city." Current bondinq amount of $1,000,000 was established by City Council through the adoption of resolution number 29886-121889 on December 18, 1989. New bondinq amount for the newly elected City Treasurer must be set by City Council prior to the commencement of the new term so that the bond may be executed by the City Treasurer. II. Current situation: A. Re-election of Gordon E. Peters as Roanoke City Treasurer took place on November 2, 1993. B. Term of office commences January 1, 1994, and ends on December 31, 1997. Discussions of the bondinq amount required by the city's bonding insurance consultant (Johnson-Higgins), the Acting Risk Management Officer, and the City Treasurer have resulted in the conclusion that the amount of the bond required by Section 37 of the City Charter should remain at $1,000,000. Surety for the bond will be provided by Fidelity and Deposit Company of Maryland, a corporate bonding company authorized to transact business as a surety in the Commonwealth of Virginia. E. Additional bondinq required by the city Treasurer includes the following at a total cost of $3,584: 1. Money and Securities Bond in the amount of $25,000 to $75,000 (Cost - $1,884) 2. Faithful Performance of Employees Bond in the amount of $100,000 (Cost - $1,700) III. Issues: A. Level of risk B. Legal requirements C. Cost and fundinq source IV. Alternatives: City Council set the bond amount for the City Treasurer for his new term commencing January 1, 1994, and ending on December 31, 1997, at $1,000,000, and approve Fidelity and Deposit Company of Maryland as the surety for the bond. Level of risk has been accurately determined, and an appropriate bonding amount is specified. Legal requirements of the Roanoke City Charter - Section 37. Treasurer would be met. Cost and fundinq source - Cost of the bond would be $10,916, with the source of funding being the Contingency Reserve Account #001-002-9410-2199. City Council not set the bond amount for the City Treasurer for his new term commencing January 1, 1994, and ending on December 31, 1997, at $1,000,000, and not approve Fidelity and Deposit Company of Maryland as the surety for the bond. 1. Level of risk has been accurately determined, but an appropriate bonding amount would not be specified. 2. Legal requirements of the Roanoke City Charter - Section 37. Treasurer would not be met. 3. Cost and fundinq source would not be an issue. Recommendation is that City Council concur in Alternative A, and approve the attached resolution setting the bond amount for the City Treasurer for his new term commencing January 1, 1994, and ending on December 31, 1997, at $1,000,000, and approving Fidelity and Deposit Company of Maryland as the surety for the bond. Funding for this bond and the other bonds required by the city Treasurer at a total cost of $14,500 would be provided through the transfer of $14,500 from Contingency Reserve Account ~001-002-9410-2199 to the Risk Management Department Account #001-002-1262-3020. Respectfully submitted, W. Robert Herbert City Manager co: City Attorney Director of Finance Acting Risk Management Officer City Treasurer Manager, Management and Budget MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #28-166-405 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31793-121393 authorizing execution of an agreement with Hayes, Seay, Mattern and Mattern, Inc., to provide engineering services, specifically, Phase I environmental assessments for up to 50 sites selected by the Environmental Compliance Officer, as more particularly set forth in a report of the City Manager under date of December 13, 1993, in an amount not to exceed $75,000.00 without further authorization by Council. Resolution No. 31793-121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: John P. Bradshaw, Jr., Executive Vice-President, Hayes, Seay, Mattern and Mattern, P. O. Box 13446, Roanoke, Virginia 24034 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charies M. Huffine, City Engineer Richard V. Hamilton, Engineering Coordinator John A. Peters, III, Civil Engineer II Philip Schirmer, Civil Engineer I Sarah E. Fitton, Construction Cost Technician Diane S. Akers, Budget/Management Analyst, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of December, 1993. No. 31793-121393. A RESOLUTION authorizing the execution of an agreement with Hayes, Seay, Mattern & Mattern, Inc. to provide certain engineering services, specifically Phase I environmental assessments at sites selected by the Environmental Compliance Officer. BE IT RESOLVED by the Council of the City of Roanoke that: 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 agreement with Hayes, Seay, Mattern & Mattern, Inc. for the provision by such firm of engineering services, specifically, Phase I environmental assessments for up to fifty (50) sites selected by the Environmental Compliance Officer, as more particularly set forth in the December 13, 1993, report Of the City Manager to this Council. 2. The contract amount authorized by this resolution shall not exceed $75,000.00 without further Council authorization. 3. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #60-28-166-405 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31792-121393 amending and reordaining certain sections of the 1993-94 General Fund Appropriations, providing for the transfer of $5,000.00 from Bridge Inspections to Environmental Assessments - I, to provide funds to perform Phase I Environmental Site Assessments for up to 50 sites within the City of Roanoke, at a cost not to exceed $75,000.00. Ordinance No. 31792-121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. Sincerely, Mary F. Parker, City Clerk MFP: sm Enc, pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Richard V. Hamilton, Engineering Coordinator John A. Peters, III, Civil Engineer II Philip Schirmer, Civil Engineer I Sarah E. Fitton, Construction Cost Technician Diane S. Akers, Budget/Management Analyst, Office of Management and Budget 1993-94 emergency. WHEREAS, Government of the exist. · tN THE couNcIL OF THE CITY OF ROANOI~Et VTRG'rNIA The 13th day of December, 1993. No. 31792-121393. AN ORDINANCE to amend and reordain certain sections of the General Fund Appropriations, and providing for an for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADD~oDri&tions Public Works Engineering (1-2) ................................. $ 19,884,074 1,222,874 1) Bridge Inspections 2) Environmental Assessments (001-052-4310-3072) $(5,000) (001-052-4310-3073) 5,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia ~¥~'( ~: Roanoke, Virginia December 13, 1993 '93 -6 I 3:19 Dear Members of Council: SUBJECT: PROPERTY INTEREST ACQUISITION - ENVIRONMENTAL ASSESSMENTS - PHASE I I. Background: City Council, at its regular meeting of July 26, 1993, adopted Resolution No. 31605-072693 establishing the City's Environmental Policy relating to the Acquisition of Real Property Interests. Environmental Compliance Officer requested the engagement of a qualified environmental consultant to perform Phase I environmental assessments for those instances where it is determined to be prudent. II. Current Situation: Following ~ro~er advertisement, received on Friday, September 17, proposals include: fourteen (14) proposals were 1993. Those firms submitting 1. Hayes, Seay, Mattern & Mattern, Inc. 2. Dewberry & Davis 3. Law Engineering 4. Environmental Protection Systems, Inc. 5. Brightwaters Engineering 6. Espey, Huston & Associates, Inc. 7. HDH Technical, Inc. 8. Trigon Engineering Consultants, Inc. 9. Mattern & Craig, Inc. 10. Coastal Remediation Company 11. Froehling & Robertson, Inc. 12. Environmental Service and Technology Corporation 13. EnviroTech Mid-Atlantic 14. Olver, Incorporated Co The Selection Committee, consisting of Charles M. Huffine, P.E., City Engineer, John A. Peters III, P.E., Civil Engineer II, Philip schirmer, P.E., L.S., Civil Engineer I, and Richard V. Hamilton, Engineering Coordinator, interviewed the three (3) most qualified firms. 1. Hayes, Seay, Mattern & Mattern, Inc. 2. Dewberry & Davis 3. Law Engineering Negotiations were conducted with the chosen firm of Hayes, Seay, Mattern & Mattern, Inc., on the following scope of work: Provide Phase I Environmental Site Assessments for up to 50 sites within the City of Roanoke. Members of City Council RE: Property Interest Acquisition- Environmental Assessments - Phase I Page 2 1. Ail assessments shall follow the assessment procedures prescribed in ASTM Standards E1527-93 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. 2. Assessments were grouped together to provide the greatest price reductions. III. Issues in order of importance: A. Thoroughness of investigations B. Timeliness of reports C. Cost of the investigation reports D. Funding for the investigation IV. Alternatives: ao Award a professional service contract to Hayes, Seay, Mattern & Mattern, Inc., on the basis of direct personnel expenses plus customary fringe benefits for up to 50 environmental assessments at a cost not to exceed $75,000. 1. Thoroughness of investigation is guaranteed by compliance with ASTM Standards E1527-93. Timeliness of reports will be guaranteed by contract which assures reports within 14 to 42 days as specifically requested. Cost of the investigation reports will be kept to a minimum by providing quantity discounts at the negotiated prices. Funding for the investigations will be provided through various capital project accounts, on an as-needed basis. Refuse to award a professional service contract to Hayes, Seay, ~attern & Mattern, Inc. Thoroughness of investigation will not be an issue as they will not be conducted until a satisfactory contract is reached with the next highest rated firm. Timeliness of reports will not be an issue since none will be produced. Cost of investigations will be negotiated with another firm. Funding for the investigations will not be an issue at this time. Members of City Council RE: Property Interest Acquisition- Environmental Assessments - Phase Page 3 Reco~endation is that City Council take the following action: A. Concur in implementation of Alternative "A". E. Authorize the City Manager to enter into a contractual agreement, in form approved by the City Attorney, with Hayes, Seay, Mattern & Mattern, Inc. C. Authorize the Director of Finance to est~lish an account entitled Enviro~ental Assessments I in the Department of Engineering budget and transfer $5,000 from Account #001-052-4310-3072 Bridge Inspections - Engineering as a revolving fund to be reimbursed as assessments are re~ested. Respectfully submitted, W. Robert Herbert City Manager WRH/CMH/fm City Attorney 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 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #20-77-450 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31794-121393 requesting the Virginia Department of Transportation to conduct a corridor study on Route 220 from Interstate 581 to the North Carolina State line for the purpose of developing a specific plan and schedule for needed improvements. Resolution No. 31794-121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Wiliiam F. Clark, Director, Public Works Charles M. Huffine, City Engineer William L. Stuart, Manager, Streets and Traffic Robert K. Bengtson, Traffic Engineer John R. Marlles, Chief, Community Planning Phillip F. Sparks, Acting Chief, Economic Development MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAK1N Deputy City Clerk December 17, 1993 File #20-77-450 M. Scott Holiis Urban Engineer Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Dear Mr. Hollis: I am enclosing copy of Resolution No. 31794-121393 requesting the Virginia Department of Transportation to conduct a corridor study on Route 220 from Interstate 581 to the North Carolina State line for the purpose of developing a specific plan and schedule for needed improvements. Resolution No. 31794-121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. Sincerely, City Clerk MFP: sm Eric. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of December, 1993. No. 31794-121393. A RESOLUTION requesting the Virginia Department of Transportation to conduct a corridor study on Route 220 from Interstate 581 to the North Carolina State line for the purpose of developing a specific plan and schedule for needed improvements. WHEREAS, there is a need for a new corridor between 1-581 and the North Carolina State line; WHEREAS, existing Route 220 is inadequate for current traffic and has one of the worst safety records of any major 4-lane facility in the Commonwealth; and WHEREAS, this Council adopted Resolution No. 31748-102593 on October 25, 1993, in support of the alignment of a newly proposed interstate highway, 1-73, that would generally follow Route 460 from the West Virginia line to Roanoke and Route 220 South from Roanoke to the North Carolina State line. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council hereby requests the Virginia Department of Transportation to conduct a corridor study on Route 220 from Interstate 581 to the North Carolina State line for the purpose of developing a specific plan and schedule for needed improvements. 2. The City Clerk is directed to forward a copy of this resolution to the appropriate officials at the Virginia Department of Transportation. ATTEST: City Clerk. The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Roanoke, Virginia December 13, 1993 Dear Mayor Bowers and Council Members: SUBJECT: Route 220 Corridor Study I. Backqround: City Council adopted Resolution No. 31748-102593 on October 25, 1993, in support of the alignment of a newly proposed interstate highway, 1-73, that would generally follow Route 460 from the West Virginia line to Roanoke and Route 220 South from Roanoke to the North Carolina line. Existinq Route 220 is presently inadequate for current traffic and has one of the worst safety records of any major 4-lane facility in the Commonwealth. II. Current Situation: Corridor study has been recommended for that portion of Route 220 from Interstate 581 in the City of Roanoke to the North Carolina State line. Virqinia Department of Transportation (VDOT) has conducted similar studies elsewhere in the Commonwealth to identify, prioritize and schedule needed improvements. CJ Corridor study could expedite planning for 1-73 through the Roanoke Valley, or serve as a plan for localized improvements if another interstate route is selected. III. Issues: A. Improvements to vital highway segment. B. Cost to the City. C. Timinq. V. Alternatives: City Council adopt a resolution requesting the VDOT to conduct a corridor study on Route 220 from Interstate 581 to the North Carolina State line for the purpose of developing a specific plan and schedule for needed improvements. - 2 - Improvements to this important highway segment will be expedited. Cost to the City will be nothing since VDOT will conduct the study. Timinq will assist with the consideration of 1-73 through the Roanoke Valley. City Council not adopt a resolution requesting VDOT to conduct a corridor study on Route 220 from Interstate 581 to the North Carolina State line for the purpose of developing a specific plan and schedule for needed improvements. Improvements to this important highway segment may be delayed. Cost to the City will be nothing, other than the ongoing negative impact on economic development resulting from this inadequate major transportation facility. Timinq will be delayed for any meaningful improvements. V. Recommendation: City Council approve Alternative A, thus adopting a resolution requesting the VDOT to conduct a corridor study on Route 220 from Interstate 581 to the North Carolina State line. Respectfully, W. Robert Herbert City Manager WRH:WFC:pr cc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Robert K. Bengtson, Traffic Engineer County AdmlnJstrntor Phone (703) 483-3030 FAX (703) 483-3035 COUNTY OF FRANKLIN Board of Supervisors Office of County Administrator 108 East Court Street Rocky Mount, VA 24151 W. Wayne Angell Hubert L. Quinn Charles K. Ellis Olr~rdus a. Forr~ P~e A. Matherly Loia H. English November 3, 1993 Bab Herbert Roanoke City Manager 215 Church Avenue Roanoke, Virginia 24011 Elmer Hodge Roanoke Coanty Admhdstrator Post Office Box 29§00 Roanoke, Virginin 24018-0798 Clay Goodm,m Vinton Town Manager Post Of[ice Box 338 Vinton, Virginia 24179 Mark Henne Rocky Mount Town Manager Tanyard Road Rocky Mount, Virginia 24151 Bob Law/er Henry County Administrator Post Office Box 7 Caliinsville, Virginia 24078 Earl Reynolds Martinsville City Manager Post Office Drawer 1112 Martinsville, Virginia 24114 Gentlemen: We are all aware of the deficiencies in Route 220 from Interstate 581 to the North Caralina State line and the problem this poses for us in our economic development efforts. Because of ongoing concern about the Route 220 problem including concerns about the safety issues, I recently met and talked with District Engineer Fred Altizer about the possibility of a coordinated corridor study looking specifically at the sixty-three mile segment from Roanoke to the North Carolina line. Fred Altizer has indicated that he feels confident that VDOT would conduct a corridor study if all of the localities along the Route call/or one. The Route 58 effort of several years ago shows the results that can be achieved when o group of localities and their legisintors work together an o commun need. I feel Route 220 is one of these situations trod consequently, I have drafted a proposed resolution cull/rig for o corridor study to identify the specific problem segments of the road, to prioritize improvements and to schedule them in a coordinated fashion. For background, I have enclosed a recent art/cie which was published in the Roanoke Times and Warht News which quotes Fred Altizer regarding Route 220. I am also copying the members of the General Assembly who represent us and I have also sent it to several friends in the General Assembly. If your governing body sees fit to adopt this resolutian I would urge you to do likewise. Finally, I feel that our two planning districts, Fifth PDC and West Piedmont Planning District Commission, both have a significant role to play in gett/ng this el[art off the ground and therefore, I am ask~g Wayne Strickhmd and Bob Dowd to take the lead in following up on this initiative. Of course, I am aware that if the Routes 460/220 alignment is selected for 1-73 this work may dovetail into a larger plan for interstate expansion, but in that event the corridor study should only help the Commanweolth be better prepared to proceed efficiently on planning for 1-73. "The Land between the Lakes and the Blue Ridge" Please direct a copy of your adopted resolution to: Robert W. Dowd, WPPDC, Post Office Box 1191, Martlnsville, VA 24114 or Wayne Strickland, Fifth PDC, 313 Luck Avenue, SW, Post Office Box 2569, Roanoke, Va 24010. Bob or Wayne can then collect and distribute the resolutions as a package to legislators and other appropriate officials. Bob Dowd and Wayne Strickland can courd/nate the list of recipients. If your local governing body adopts the enclosed resalution we would ask that you/nclude the resolution in your local Ieglslathre package. Si~.cerely, .. Macon C. Sommons, Ir. County Administrator MCSlH:sfk ENCLOSURES 3182B RESOLUTION WHEREAS, the Route 220 Corridor from Roanoke to the North Carolina//ne is a pr/mary [ink between western Virginia and the 1-81 Corridor with the State of North Carolina, and WHEREAS, portions of existing Route 220 were built as early as the 1950's and are now badly antiquated and inadequate for current traffic levels and modern truck traffic, and WHEREAS, Route 220 has among the worst safety records of any major four lane facility within the Commonwealth, and WHEREAS, the Counties of Roanoke, Franklin and Henry, the Cities of Martinsviile and Roanoke, and the Towns of Rocky Mount and Vinton as well as other various localities that are served by this Corridor are concerned about the lack of specific plans to modernize this arter/al highway, and WHERE.A..S, the Virg£n. ia Dep,--~tmant of Highways has previously 'undertaken Corridor Studies elsewhere as on Route 220 north from 1-64 to the West Virginia line, a distance of approximately seventy miles, Jn order to identify, prioritize and scbedu/e needed improvements along this highway, and WHEREAS, the jurisdictions along Route 220 South feel that a s/m/Jar Corridor Study is needed on the Route 220 Corridor from Roanoke to the North Caroh[na line, NOW THEREFORE BE IT RESOLVED, this day of 1993, that the does hereby urge the Virginia Department of Transportation to conduct a Corridor Study on Route 220 from Interstate 581 to the North Carolina State llne for the parpase of developing a specific plan ond schedule for needed improvements in order to upgrade this facility to the appropr/ate level of service and safety to enhance economic development in Virginia in the future. BE IT FURTHER RESOLVED, that all other local governing bodies, chambers of commerce, economic development commissions and similar groups along the corridor or in neighboring jurisdictions which are effected by the ability of Route 220 to meet modern traffic needs are urged to do l/kewise. Macon C. Sammons, Ir. County Administrator a curve in U.S. 220 By LON WAGNER STAFF WRITER In 1951, the best-selling car in America was the Chevy BelAir; that's the year U.S. 220 from Roanoke to Boones Mill was built. In those days, cars didn't have air condi- tioning power steering or power brakes. But while the cars traveling America's roads were changing, U.S. 220 remained essentially the same. 'It was great then, for sure," says Fred Altizer, Virginia Department of Transporta- tion administrator for the Salem District. "When you talked about a four-lane back then, you were talking about much lower speeds, trucks were different and you didn't have as much traffic." These daysl U.S. 220 carries a lot of traffic that early-1950s engineers couldn't have imagined. Four-cylinder cars capable of 120 mph. Trucks pulling double trailers that stretch 70 feet. The 63 miles of U.S. 220 from Roanoke to the North Carolina line has a higher acci- dent rate than 60-mile spans of similar four- lane U.S. highways in Virginia. U.S. 220's accident rate was 101 per million miles of travel; U.S. 29's accident rate from the North Carolina line to Lynchburg was 9?; and U.S. 460's accident rate from Roanoke to Camp- bell County was 72. And the high visibility truck accidents that occur frequently on U.S. 220 between Boones Mill and Roanoke add to the public's Cars faster, trucks bigger, but road's same call that something should be done to im- prove the road. The tractor-trailer that wrecked and spilled hundreds of cases of beer north of Boones Mill last month is just the latest example. "The whole stretch of route 220 is dan- gerous,'' says Steve Goodwyn, a supervisor with the safety division of the Department of Motor Vehicles, "with the curves and the slopes -- plus they're usually traveling faster than 55 mph." Though U.S. 220's overall accident rate is higher than -- but not out of line with -- similar four-lane primary roads in Virginia, road experts in the region admit it is a prob- And, reluctantly, they confess that U.S. 220's twists, turns and dips are something drivers will have to learn to negotiate. They say most of the obvious, less costly solutions -- straightening a curve or flattening a knoll -- have been done. The 220 of today is the improved, Ult. graded version. "We are very rapidly reaching a poi~ where I don't know if there's many other small things we can do," Altizcr said "To in there today and build 220 up to current standards would bc an extremely costly road project." In fact, a project that would straighten a ~articolarly twisting part of U.S. 220just past FROM PAGE A1 _ Red Hill Baptist Church has been removed from the state's s!x-ye~z; plan of roadwork. · ~ That project, if it works its wa~ back into the plans, would end~ years of traffic-dodging by Hooke and her parents, who live up, a dr veway at one of the s-curves!? To pull out of the driveway',' Hooke said she has to phone 8: neighbor, who has to run across the' road and watch for traffic. Hooke's parents, John C. an~' Addle Hall, have tried several afl-' proaches over the years. "I always say a prayer before'~: run ,across that road, she sa "We vc asked for a sign warmng a private entrance. We've eve~} asked for a mirror. "At night it's no problem, cause you can gee the headlights thc guardrail." 1 MARY F. PARKER City Clerk. CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #405-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31796-121393 approving issuance of Change Order No. 4 to the City's contract with Crowder Construction Company for Carvins Cove Filter Plant Improvements -Phase I, in the amount of $447,129.35, for a total contract amount, including Change Order No. 4, of $13,663,569.78. Ordinance No. 31796-121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. Sincerely, Mary F~. ParKer, CMC/~,AE City Clerk MFP: sm EIIc. pc: Mr. C. E. Tucker, Vice President, Crowder Construction Company, P. O. Box 30007, Charlotte, North Carolina 28204 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations M. Craig Sluss, Manager, Water Department D. Darwin Roupe, Manager, General Services William F. Clark, Director, Public Works Charles M. Huffine, City Engineer L. Bane Coburn, Project Manager Sarah E. Fitton, Construction Cost Technician Diane S. Akers, Budget/Management Analyst, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of December. 1993. No. 31796-121393. VIRGINIA, AN ORDINANCE approving the City Manager's issuance of Change Order No. 4 to the City's contract with Crowder Construction Company of Charlotte, North Carolina, for the construction of the Carvins Cove Filter Plant Improvements - Phase I; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the Assistant City Manager are authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 4 to the City's contract with Crowder Construction Company of Charlotte, North Carolina, dated December 13, 1993, related to the improvements of the Carvins Cove Filter Plant, Phase I. 2. Such Change Order shall provide in the work to be performed: ORIGINAL CONTRACT AMOUNT INCLUDING CONTINGENCY FEE Contract Amount Including Previous Change Order CHANGE ORDER NO. 4: 1. for the Clearwell Valve Pit: A reinforced concrete pit built on downstream end of the finished water reservoir that houses the valves for maintenance and control of the two sections of the reservoir. Cost following changes $ 12,682,280.00 $ 13,216,440.43 $ 21,700.00 2. Two (2) 30-inch diameter wet taps Mayor and Members of Council RE: Carvins Cove Change Order No. December 13, 1993 Page 3 3. New A/C system for Electrical Room in the Low Lift Pump Station: The electrical room has four (4) Variable Frequency Drive Units (Pump Speed Control Units). These units generate more heat than was planned for the station design and the exhaust fan selected would not be adequate on hot days when the pumps would be under maximum load. A/C Unit and Installation . $ 9,575.71 Sludqe Basin #1: A new manhole structure setting out in the basin with a bridge back to the bank for access to new valve operators. The manhole has a 12-inch valve to drain the basin, and a 12-inch telescoping valve to decant sludge supernatant. Also, new 12-inch ductile iron pipe through the basin embankment. The present items are in poor condition and need to be replaced. Work requested by the Water Department. Cost $ 25,406.40 Sludqe and stormwater basin #R: The same type manhole, bridge, valve structure as described above for Basin #1. Basin has same 12-inch telescoping valve to decant sludge and storm- water supernatant. This will permit the conversion of the new stormwater basin (C.O.1) to a backup sludge storage basin. Work requested by Water Department. Cost $ 19,328.78 Revised Raw Water Intake Screens: Revise the slx (6) intake screens to accomodate pre-treatment of raw water. The Virginia Department of Health requires chlorine (pre-treatment of raw water on reservoir side of dam) not be released into State Waters uncontained. This requires an enclosure over the screens so the chlorine can be released ahead of the intake areas. Because of the strength of the chlorine the screen material has to be changed from Type 304 stainless steel to the considerably more Mayor and Members of Council RE: Carvins Cove Change Order No. 4 December 13, 1993 Page 4 expensive Type 316L stainless steel. The enclosures and screens added considerable more weight plus additional diving time for the additional support structure for the screen and shroud to comply with Virginia Department of Health requirements. Cost $232,671.22 The new standby generator for the Boxley Hills pump station has to be moved to another location because the main underground electrical service to the pump station was not located as shown on the record drawings. Cost $ 8,761.94 7. Miscellaneous Changes: Changing aluminum handrail(s) to an anodized component type system (better chemical resistance). Water Department Request. Cost · $ 1,507.00 Change sliding weir plates from Type 304 Stainless Steel to Type 316L Stainless Steel (See A-5 above). Water Department request. Cost $ 1,350.00 Relocation of electrical power service at new monorail added to the existing low lift pump station. Existing conduit was over the existing pumps where the new monorail needed to be located to lift out the motor in case repair was required. Cost $ 1,801.72 Total of a, b, c Labor benefits, sales tax, overhead and profit, bond and insurance, license and business Total Item 7 fees $ 4,658.72 $ 766.33 $ 5,425.05 Mayor and Members of Council RE: Carvins Cove Change Order No. December 13, 1993 Page 5 Underwater investigation of intake structure prior to cutting larger holes for new intake valves and screens revealed considerable cracking of the reservoir wall of the intake structure. A unit price had been requested and quoted by the contractor for the work of this specialty sub- contractor. At this time it is estimated that 63 cubic feet of the crack repair material will be required plus 16 days of additional diving and repair time. However, this does not add contract time. Estimated cost $ 81,430.25 III. Issues in order of importance are: A. Engineering concerns B. Fundinq C. Time of completion IV. Alternatives are as follows: Approve the issuance of Change Order No. of $447,129.35 and 0 additional construction time. 4 in the amount calendar days Enqineerinq concerns would be met for the items as described above. Items and cost have been reviewed by the consultants and have been recommended for their completion. 2. Fundinq would be as follows: a. From project contingency Account No. 002-056-8368-9001 $315,068.57 b. From Water Plant Expansion Bonds Account No. 002-056-8366-9189 $132~060.78 Total $447,129.35 Time of completion will not be extended. construction will remain 805 consecutive days. Time of calendar Mayor and Members of Council RE: Carvins Cove Change Order No. 4 December 13, 1993 Page 6 Reject the issuance of Change Order No. 4 and do not authorize the work as described above to be executed. 1. Engineering concerns would not be met as follows: Valves would not be moved to access pit and would have to be excavated if repair or replacement was required. Wet taps for control valves would not be made in a timely manner and would have to be delayed until the water main from the plant to Boxley Hills Pump Station was bid, contract awarded and construction completed. New A/C system would not be installed in low lift pump station and equipment would probably trip the circuit breaker due to over-heating. Sludge Basin No. 1 would not have level control with a telescoping valve and adjustable drain valve. Sludge Basin No. 2 would not have the capacity for multiple use as a sludge and stormwater basin. Raw water intake screens would not be able to contain the chlorine treatment according to Virginia Department of Health requirements. Stand-by generator would not be moved at Boxley Hills and would be located over main electric service lines. g. Miscellaneous items would not be handled in as expeditious a manner as they should be. Underwater repair to cracks in the reservoir side of the raw water intake structure would not be repaired at this time. These cracks must be fixed in the near future. 2. Funding would not be encumbered or transferred at this time. Mayor and Members of Council RE: Carvins Cove Change Order No. December 13, 1993 Page 7 V. Recommendation is that City Council take the following action. A. Concur with the implementation of Alternative "A". Authorize the City Manager to issue Change Order No. 4 to the contract with Crowder Construction Company in the amount of $447,129.35 and 0 consecutive calendar days additional construction tim~. The total contract amount would then be $13,663,569.78 and 805 consecutive calendar days. Transfer $132~061.00 from Account Number 002-056-8366- 9189 (Water Plant Expansion Bonds) to Account Number 002- 056-8368-9001 (Carvins Cove Filter Plant Improvements Phase I). WRH/LBC/fm cc: Respectfully submitted, W. Robert Herbert City Manager City Attorney 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 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4.56 Roanoke, Virginia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #60-405-468 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31795-121393 amending and reordaining certain sections of the 1993-94 Water Fund Appropriations, providing for the transfer of $132,061.00 from Water Plant Expansion Bonds to Carvins Cove Filter Plant Improvements - Phase I, to provide funds in connection with issuance of Change Order No. 4 to the City's contract with Crowder Construction Company for improvements to the Carvins Cove Filter Plant, Phase I. Ordinance No. 31795-121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations M. Craig Sluss, Manager, Water Department D. Darwin Roupe, Manager, General Services William F. Clark, Director, Public Works Charles M. Huffine, City Engineer L. Bane Coburn, Project Manager Sarah E. Fitton, Construction Cost Technician Diane S. Akers, Budget/Management Analyst, Office of Management and Budget HN THE COUNCIL OF THE CHTY OF ROI~OKE, VHRGHNHA The I3th day of December, 1993. No. 31795-121393. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Roanoke that certain sections of the Appropriations, be, and the same are hereby, to read as follows, in part: Council of the City of 1993-94 Water Fund amended and reordained A ro riations Capital Outlay Carvins Cove Filter Plant Impr. Ph I (1) .......... Water Plant Expansion Bonds 1992 (2) .............. $ 30,030,679 13,702,061 1,838,036 1) Appropriated from Bond Funds (002-056-8368-9001) $ 132,061 2) Appropriated from Bond Funds (002-056-8366-9189) (132,061) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia December 13, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Change Order No. 4 Carvins Cove Filter Plant Improvements - Phase I Roanoke, Virginia I. Backqround: A. Bids for this project were received by the Council appointed Bid Committee on October 16, 1992. Six (6) bids were received for this project with Crowder Construction Company of Charlotte, North Carolina, submitting the low bid in the amount of $12t682~280.00 and 730 consecutive calendar days. The acceptance of this bid was approved by Council on November 16, 1992. At the time of advertisinq of the project, Mattern & Craig, Inc., submitted contract documents to Roanoke and Botetourt counties for their review and approval relating to zoning, erosion and sediment control, stormwater management, building permits and fire marshal approval. Several meetings with both counties were held as informational meetings during the time of preparation of the contract documents. Roanoke County completed their plan review the first week in January 1993. Several minor changes were required along with major revision of increasing the sediment basin to comply with the newly issued Virginia Erosion and Sediment Control Manual. This was Change Order No. 1 approved by Council on February 22, 1993, in the amount of $212,519.35 and an additional 3__0 consecutive calendar days construction time. The total contract amount was then $12,894~799.35 with 760 consecutive calendar days construction time. Chanqe Order No. 2 in the amount of $1~961.30 was an administratively approved order for some required electrical changes. There was no additional time of construction. Mayor and Members of Council RE: Carvins Cove Change Order No. 4 December 13, 1993 Page 2 Chanqe Order No. 3 in the amount of $319~679.78 and 45 additional consecutive days was the introduction of chemical treatment of the raw water at the intake chamber on the face of the dam. Total contract amount to date with these three (3) change orders is $13,216,440.43 and 805 consecutive calendar days. II. Current Situation: A. The following chanqes to the contract need to be approved. Clearwell Valve Pit: This is a reinforced concrete pit built on downstream end of the finished water reservoir that houses the valves for maintenance and control of the two sections of the reservoir. These valves were originally shown as being buried with only access to the operating stem of the valves. The valve pit is 6' wide x 21' long and 27' deep with a removable top for access for maintenance and/or repair-replacement. As shown originally the valves would have to be dug out for any service. Cost $ 21,700.00 Two (2) 30-inch diameter wet taps and valves on the existing 36-inch water mains: one is located on the system side of the new 4 million gallon finished water reservoir and one on the plant side of the same reservoir. When improvements to the plant and distribution system were studied and planned, the link from the plant to Boxley Hills Pump Station was planned to be constructed simultaneously with the plant contract. If this were true, these connections could be made as dry taps as planned. However, the pipe from the plant to Boxley Hills Pump Station has not been advertised and probably will not be completed before the plant work is complete. To avoid delay, these two taps must be made now as wet taps. Cost $ 42,830.00 and valves on the existing 36-inch water mains: ~ecessary to link the plant to Boxley Hills Pump Station subsequent to completion of the work on the plant. Cost New A/C system for Electrical Room in the Low Lift Pump Station: Upgrade of the exhaust fan to accommodate the heat generated by Pump Speed Control Units. Cost a. Sludge Basin #1: A new manhole structure bridge, valve structure and 12 inch ductile iron pipe replacing the present items which are in poor condition and need to be replaced Cost Sludge and stormwater Basin #2: The same type manhole, bridge and valve structure as described above for Basin #1 Cost Revised Raw Water Intake Screens: Revise the six (6) intake screens to accommodate pre-treatment of raw water· Cost Moving new standby generator for the Boxley Hills pump station to another location because the main underground electrical service to the pump station was not located as shown on the record drawings. Cost 42,830.00 9,575.71 25,406.40 19,328.78 232,671.22 8,761.94 7. Miscellaneous Changes: Changing aluminum handrail(s) to an anodized component type system (better chemical resistance). Change sliding weir plates from Type 304 Stainless Steel to Type 316L Stainless Steel (See A-5 above). Ce Relocation of electrical power service at new monorail added to the existing low lift pump station. Cost $ 5,425.05 Underwater investigation of intake structure prior to cutting larger holes for new intake valves and screens revealed considerable cracking of the reservoir wall of the intake structure. Cost $ 81t430'25 TOTAL OF CHANGE ORDER NO. 4 $ 447t129.35 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 4 $ 13~663~569.78 Additional time resulting from Change Order No. 4 none 3. In order to provide for the usual daily operation of the municipal government, and emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File //60-2-27-28-207 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31797-121393 amending and reordaining certain sections of the 1993-94 Capital Fund Appropriations, providing for the transfer of $27,000.00 from Public Improvement Bonds - Series 1992A, to Statesman Industrial Park Storm Drain, to provide additional funds in connection with necessary property and easement acquisitions relating to construction of the Statesman Industrial Park Stormwater Management System. Ordinance No. 31797-121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc o pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Earl Sturgill, Project Manager Sarah E. Fitton, Construction Cost Technician Diane S. Akers, Budget/Management Analyst, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE~ The 13th day of December, 1993. 1993-94 emergency. WHEREAS, Government of exist. VIRGINIA No. 31797-121393. AN ORDINANCE to amend and reordain certain sections of the Capital Fund Appropriations, and providing for an for the usual daily operation of the Municipal the City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riations Sanitation Statesman Industrial Park Storm Drain (1) .......... Capital Improvement Reserve Public Improvement Bonds - Series 1992A (2) ........ 2,978,753 526,113 5,018,402 5,189,468 1) Appropriated from Bond Funds 2) Appropriated from Bond Funds (008-052-9656-9001) $ 27,000 (008-052-9700-9176) ( 27,000) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia December 13, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: STATESMAN INDUSTRIAL PARK, PROPERTY ACQUISITION, DETENTION BASIN I. Backqround: City Council, at its regular meeting of September 23, 1991, authorized compensation for a total of six (6) parcels not to exceed $150~000.00 without further authorization from City Council. Statesman Industrial Park, developed prior to annexation by the City of Roanoke, was designed without considering stormwater run-off to adjacent areas. Also, due to a lack of topographic control, massive ponding areas exist throughout the park. Most importantly, stormwater run- off seeks its natural route down along Granby Street to its intersection with Route 460 (Orange Avenue) thereby causing serious flooding problems. Statesman Park Stormwater Manaqement System has been designed to eliminate these problems and requires a detention basin at the upper end of Daleton Avenue to prevent anything in excess of a 10-year storm passing through the stormdrain along Daleton Avenue. Property Acquisition was necessary to allow the construction of the basin. Easements had to be acquired for the Pipe System extending from Statesman Park to the basin. Additionally, an access easement is required from Daleton to the basin for construction and for general maintenance thereafter. Fundinq needs for appraisals, title searches, property and easement acquisition, based on fair market values, confirmed the estimated amount of $150~000.00. Honorable Mayor and Members of City Council RE: Statesman Industrial Park, Property Acquisition, Detention Basin December 13, 1993 Page 2 II. Current Situation: Neqotiations and acquisition procedures are now complete and necessary plats have been recorded. James F. Douthat, owner of a 6.303 acre tract required for the basin, formerly part of 6.230 acres included in old Tax Map Nos. 7130121 and 7130122, was made an initial offer of $79,850.00. After this offer was rejected, the City paid this amount into the Court and took the properly pursuant to "quick take" condemnation procedures so as to avoid delaying the project. Final settlement with James F. Douthat and other easement acquisitions will require additional funding in the amount of $27,000.00. III. Issues in order of importance: A. Project schedule B. Fundinq IV. Alternatives: A. Authorize the required additional funding in the amount of $271000.00. 1. Project schedule as it now stands can be maintained. Fundinq is available in the current Account No. 008- 052-9700-9176, Public Improvement Bonds, Series 1992 A. B. Do not authorize the required additional funding. Project schedule can still be maintained but additional funding will be required from another source later on. 2. Fundinq will not be an issue at this time. Honorable Mayor and Members of City Council RE: Statesman Industrial Park, Property Acquisition, Detention Basin December 13, 1993 Page 3 V. Recommendation: Authorize the Director of Finance to transfer the sum of $271000.00 from Account No. 008-052-9700-9176, Public Improvement Bonds, Series 1992 A to Account No. 008-052-9656, Statesman Park Storm Drain. Respectfully submitted, W. Robert Herbert City Manager WRH/ES/fm cc: City Attorney 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 Roanoke, Virginia December 13, 1993 Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Dear Members of Council: SUBJECT: Hollins Road/Old Mountain Road, N.E. Intersection - Traffic Signalization Study I. Background: Petition signed by 282 persons requesting installation of a traffic signal at the intersection of Hollins Road and Old Mountain Road, N.E. was forwarded to the City Manager for appropriate response at City Council's meeting on November 8, 1993. The petition states that the intersection is dangerous, with numerous accidents having occurred there. Traffic siqnal requests received by the City from the public are evaluated by using the Manual on Uniform Traffic Control Devices (MUTCD). The MUTCD establishes many conditions and guidelines (called warrants) frequently used by traffic engineers. These warrants, when used to determine whether a traffic signal is needed at a particular location, do not establish thresholds above which a traffic signal must be or should be installed. Rather, they establish minimum thresholds below which a traffic signal shall not be installed. (These warrants consider vehicle volumes, delay, pedestrian volumes, school crossings, and accident experience). Determination for the actual need of a warranted traffic signal is aided by a ranking system which considers the degree to which the warrants are met as well as the various physical characteristics of the intersection. Citywide, there are eleven (11) other intersections under consideration for signalization at this time, each having met at least one warrant. II. Current Situation: Traffic study was most recently performed on Thursday, May 6, 1993 and consisted of a turning-movement count of all vehicles from 7:00 a.m. to 7:00 p.m. (see Attachment A). Our review of the results indicates that four (4) of the MUTCD's eleven (11) warrants have been met. Honorable Mayor and Members of Council Page 2 III. IV. Accident records from Police Department reports were reviewed and indicate that there have been thirteen (13) accidents reported at this intersection during the 3-1/2 year period from January 1, 1990 to June 30, 1993, resulting in three (3) personal injuries. The MUTCD signalization warrants do include an evaluation of accident history· One of the conditions to meet this warrant requires there to be five (5) or more reported accidents, of the types susceptible to correction by traffic signal control, that have occurred within a 12-month period. This warrant was not met at any time during this 3-1/2 year period. Of these thirteen (13) accidents, six (6) were of types susceptible to correction by a traffic signal. Issues: A. Warrants B. Cost C. Safety Alternatives: City administration consider installation of a traffic signal at the intersection of Hollins Road and Old Mountain Road, N.E. Warrants have been met. Staff has previously determined this intersection to be the top-rated intersection for future signalization due to peak hour traffic volumes and delay. 2. Cost for a new traffic signal installation is preliminarily estimated to be $100~000 (includes widening for a left-turn lane), funds for which are presently not identified for any new traffic signals. Funding for this will need to be considered in the upcoming Capital Improvement Program. 3. Safety would likely improve if signalization is installed. When installed under conditions that justify its use, a traffic signal is a valuable device for improving the safety and efficiency of both pedestrian and vehicular traffic. In particular, signals may reduce certain types of accidents, most notably the angle (broadside) collision. Honorable Mayor and Members of Council Page 3 Traffic signals can reduce the number of angle collisions at an intersection but can also cause a significant increase in rear-end collisions. Normally, traffic engineers are willing to trade off an increase in rear-end collisions for a decrease in the more severe angle accidents. City administration not consider installation of a traffic signal at the intersection of Hollins Road and Old Mountain Road, N.E. at this time. Warrants from this study were met; however, this does not require the City to install a traffic signal. Traffic volumes will continue to grow at this location as development continues to occur along the Old Mountain Road corridor, further increasing the need for signalization. 2. Cost is zero. 3. Safety of motorists does not improve. V. Recommendation: No action is required by City Council. City administration acknowledges the need for a traffic signal at Hollins Road and Old Mountain Road, N.E. and will consider funding its installation as part of the upcoming Capital Improvement Program. Respectfully submitted, W. Robert Herbert City Manager WRH:RKB:jrm Attachment copy: City Attorney Director of Finance Director of Public Works Director of Public Safety Budget Administrator Traffic Engineer J. M. Waldron, II, 4773 Golfview Drive, N.E. James L. Draper, 4779 Golfview Drive, N.E. Timothy W. Atkinson, 4707 Golfview Drive, N.E. ATTAG'f~MENT A IN]CERSEC~ION FNDV]~4H2Tf COUN~ AT ~ I~ION OF ~OT.1.TNS ~ & O~ MO~IN ~ DAY: DA~: ~X 6, 1993 ~SDAX I NORTH SOUTH W~SX 7:00- 7:3£ 164 40 20 156 124 75 579 7:30- 8:0{ 205 54 29 169 102 98 657 8:00- 8:3( 222 29 31 118 104 72 576 8:30- 9:00 145 32 36 104 57 41 415 ):00-10:0C 207 68 57 157 93 92 10:00-11:0£ 207 56 64 185 73 56 11:00-12:0{ 242 62 70 206 66 ~8 2:00- 1:00 276 98 78 233 99 84 1:00- 2:0C 253 99 88 264 105 65 2:00- 3:0C 289 88 93 266 115 76 3:00- 4:0( 411 155 151 462 173 106 4:00- 4:30 167 91 65 167 49 39 578 4:30- 5:0C 207 107 83 198 63 46 704 5:00- 5:3C 182 162 112 230 65 72 823 5:30- 6:0( 202 79 100 179 65 61 686 6:00- 7:00 249 126 115 221 98 102 I30CATION SKETCH 9481 2594 N 12,075 RECORDER MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. FAKIN Deputy City Clerk December 17, 1993 File #42-67-223-229-247-277-336-405 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31799-121393 authorizing execution of an agreement with Hayes, Seay, Mattern & Mattern, Inc., in the amount of $12,000.00, to provide certain engineering services, specifically, a concept design for a railside linear park extending from the Historic Market area to the Virginia Museum of Transportation. Resolution No. 31799-121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc.' John P. Bradshaw, Jr., Executive Vice-President, Hayes, Seay, Mattern and Mattern, P. O. Box 13446, Roanoke, Virginia 24034 William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Diane S. Akers, Budget/Management Analyst, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The I3th day of December, I993. No. 31799-121393. A RESOLUTION authorizing the execution of an agreement with Hayes, Seay, Mattern & Mattern, Inc. to provide certain engineering services, specifically a concept design for a railside linear park. BE IT RESOLVED by the Council of the City of Roanoke that: 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 agreement with Hayes, Seay, Mattern & Mattern, Inc. for the provision by such firm of engineering services, specifically, a concept design for a railside linear park extending from the historic market area to the Virginia Museum of Transportation, as more particularly set forth in the December 13, 1993, report of the City Manager to this Council. 2. The contract amount authorized by this resolution shall be in the amount of $12,000.00 without further Council authorization. 3. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #60-42-67-223-229-247-277-336-405 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31798-121393 amending and reordaining certain sections of the 1993-94 General and Capital Fund Appropriations, providing for the transfer of $12,000.00, to provide funds for preparation of a concept design for a railside linear park extending from the Historic Market area to the Virginia Museum of Transportation. Ordinance No. 31798-121393 was adopted by the Council of the City of Roanoke at a regnlar meeting held on Monday, December 13, 1993. Sincerely, Mary F. Parker, CMC]AAE City Clerk MFP: sm Ear. pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Diane S. Akers, Budget/Management Analyst, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of December, 1993. No. 31798-121393. AN ORDINANCE to amend and reordain certain sections of the 1993-94 General and Capital Fund Appropriations, and providing for an emergency. WHERe%S, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, Council Roanoke that certain sections of the 1993-94 General BE IT ORDAINED by the the same are hereby, in part: (1) ........................ (2) ...................... Fund Appropriations, be, and reordained to read as follows, A o r'ations Nondepartmental Transfers to Other Funds Contingency - General Fund of the City of and Capital amended and 46,410,265 45,460,855 621,409 A ro ria ions Recreation Railside Linear Park (3) ............................ 60,418 12,000 1) Transfer to Capital Fund 2) Contingency 3) Appropriated from General Revenue (001-004-9310--9508) $ 12,000 (001--002-9410-2199) (12,000) (008-050-9683-9003) $ 12,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia December 13, 1993 II. III. The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Mayor Bowers and Council Members: Subject: Railside Linear Park I. Backqround: City Council received a recommendation by Mayor David A. Bowers on Monday, May 3, 1993, that the City consider development of a railside linear park along the main line of Norfolk Southern tracks extending from the historic market area to the transportation museum. Current Situation: City Administration has negotiated a proposal with Hayes, Seay, Mattern & Mattern, Inc. (HSMM), to prepare a concept design on a cost plus fixed fee basis with an upset limit of $12,000. HSMM is also the consultants for the pedestrian bridge project to connect the historic market area with the Hotel Roanoke/Conference Center. The railside linear park and pedestrian bridge projects have certain obvious relationships. Co Preparation of concept design would include meeting with representatives of the City and community and business interests (i.e., Virginia Museum of Transportation, Downtown Roanoke, Inc., Roanoke Arts Commission), development of no more than three design alternatives, and submission of a recommended plan with cost estimates. Issues: A. Economic Development B. Cost C. Fundinq IV. IV. Alternatives: aJ City Council authorize the City Manager to enter into contract with Hayes, Seay, Mattern & Mattern, Inc., in form approved by the City Attorney, for preparation of a concept design for a railside linear park extending from the historic market area to the transportation museum on a cost plus fixed fee basis with an upset limit of $12,000. Economic Development potential will be enhanced. Restoration of Hotel Roanoke and the new conference facilities will bring thousands of visitors into downtown Roanoke. An attractive pedestrian-oriented railside linear park connecting the historic market area with the Virginia Museum of Transportation will be a further incentive to tourists who will visit Roanoke. o Cost will be initially limited to $12,000, although the concept plan will include an estimate for implementation. Fundinq is available in the City's General Fund Contingency. City Council not authorize the City Manager to enter into contract at this time for preparation of a concept design for a railside linear park extending from the historic market area to the transportation museum. Economic Development potential will be lost or at least delayed. Cost will have to be re-negotiated with a consultant at a later date and may increase. 3. Fundinq will remain available. Recommendation: City Council approve Alternative A, thus authorizing the City Manager to enter into contract with Hayes, Seay, Mattern & Mattern, Inc., in form approved by the City Attorney, for preparation of a concept design for a railside linear park extending from the historic market area to the transportation museum on a cost plus fixed fee basis with an upset limit of $12,000. Bo Transfer $12,000 from the General Fund Contingency to Account Number 001-004-9310-9508, Transfer to the Capital Projects fund, and appropriate these funds to an account to be established in the Capital Projects fund. Sincerely, W. Robert Herbert City Manager WRH:WFC:pr cc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Director of Finance Mr. William F. Clark, Director of Public Works Ms. Diane S. Akers, Budget Administrator 1315 Franklin Road P.O. Box 13446 · ~anoke, Virginia 24034 (703) 857-3100 FAX (703) 857~3180 Hayes, Seay, Mattern & Mattern, Inc. ARCHITECTS · ENGINEERS · PLANNERS 17 November 1993 Mr. William F. Clark Director of Public Works City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 Railside Linear Park Concept Plan City of Roanoke HSMM Proposal No. 9455 Dear Mr. Clark: As we discussed, we have revised our fee proposal to prepare a concept design for a railside linear park in downtown Roanoke. This proposal is based on providing our services on a cost plus a fixed fee basis with an upset limit which will not be exceeded without written approval from the City. Please review the attached proposal and give me a call if you have any questions. Very truly yours, HAYES, SEAY, MATTERN & MATTERN, iNC. David C. Hammond Vice President DCH/cgn Enclosure: as Noted Roanoke, VA Rockville, MD Virginia Beach, VA Greensboro, NC Mobile, AL Raleigh, NC Spar tanburg, SC Florence, SC Charlotte, NC Lynchburg, VA RAILSIDE LINEAR PARK CONCEPT PLAN CITY OF ROANOKE HSMM PROPOSAL NO. 9455 21 OCTOBER 1993 REVISED 17 NOVEMBER 1993 FEE PROPOSAL BASIS OF PROPOSAL Develop a concept plan for a linear park south of the railroad tracks extending from the historic market area to the transportation museum. Plan will be developed from existing available mapping. No more than 3 design alternatives will be developed for discussion. Final deliverables will be a rendered plan and written discussion of the proposed design. MANHOUR ESTIMATE COSTS Meet with City personnel and community and business representatives to discuss design issues and objectives. (1 joint meeting/workshop and another meeting with City.) Develop design alternatives and present to City personnel. Develop selected alternative Total PM Arch/Eng Des. Tech 16 16 -- 12 40 20 4 20 8 Salary Project Manager Architect/Engineer Design Technician Subtotal Labor Overhead - 45.8% Subtotal Administrative Overhead - 110.3% Subtotal Fixed Fee - 15% 32 x 38.46 76 x 22.78 28 x 16.06 TOTAL 32 76 28 = $1,230.72 = 1,731.28 = 449.68 $3,411.68 1,562.55 $4,974.23 5,486.58 $10,460.81 1,569.12 $12,029.93 COST NOT TO EXCEED $12,000.00 MARY F. PARKER City Clerk, CMC/A~E CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #60-55-331 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31800-121393 amending and reordaining certain sections of the 1993-94 Transportation Fund Appropriations, providing for the transfer of $59,129.00 from Retained Earnings - Unrestricted, to Transfers to GRTC, representing an additional subsidy to Greater Roanoke Transit Company. Ordinance No. 31800-121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations Stephen A. Mancuso, General Manager, Valley Metro Diane S. Akers, Budget/Management Analyst, Office of Management and Budget IN THE COUNCIL OF THR CITY OP ROANOKE, The 13th day of December, 1993. No. 31800-121393. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1993-94 Transportation 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 Roanoke that certain sections of Appropriations, be, to read as follows, of the City of the 1993-94 Transportation Fund and the same are hereby, amended and reordained in part: A re riatlons Transfers to Other Funds Transfers to GRTC (1) ............................. Retained Earninqs Retained Earnings - Unrestricted (2) ................ $ 397,645 397,645 347,982 1) Transfer to GRTC 2) Retained Earnings - Unrestricted (007-056-8240-9540) $ 59,129 (007-3336) (59,129) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. -8 Roanoke, Virginia December 13, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: GRTC FY 94 Subsidy/FY 93 Account Receivable I. Background: A. The Board of Directors of the Greater Roanoke Transit Company (GRTC) aDproved its FY 94 operating budget on April 26, 1993. The budget contained $338,516 in subsidy from the City of Roanoke Transportation Fund, and up to $80,823 in carryover of unspent FY 93 funds. GRTC's Board of Directors, who also serve as City Council, were provided information as to GRTC's efforts to "save" funds during FY 93 in order to balance the FY 94 budget. Upon preparation of GRTC's annual financial statements ~y external auditors, GRTC has in past years returned unspent funds to the City of subsidy provided by the City. II. Current Situation: Roanoke, reducing the net At the completion of the audit, the actual amount of unspent subsidy funds for FY 93 was $59,129. The City of Roanoke recorded an Account Receivable from GRTC in this amount. The $21~694 difference between the budgeted amount of $80~823 and the amount available from the City of ~59,129 can be made up from funds available from Parking Management of Southwest Virginia. A total of $31,010.08 is available from FY 93 parking operations. City Council is requested to amend the FY 94 Transportation Fund budget to reflect an additional $59,129 in subsidy to GRTC and to use the Account Receivable from GRTC as the funding source. Page 2 III. Issues: Mass transit services to the citizens of City of Roanoke B. Funding IV. Alternatives: ao Amend the Transportation Fund budget for FY 94 to reflect an additional $59,129 in subsidy to GRTC. Mass transit services to the citizens of the City of Roanoke at the levels budgeted in GRTC's FY 94 budget will be assured. GRTC currently provides an average of over 5,200 trips per day, ensuring mobility to those citizens who are transit dependent. Funding is available in Transportation Fund Retained Earnings to amend the Transportation Fund budget. Do not amend the Transportation Fund budget, for FY 94. 1. Mass transit services to the citizens of the City of Roanoke at the levels budgeted in GRTC's FY 94 budget may be reduced. 2. Funding will not be an issue. V. Recommendation: City Council concur in the implementation of Alternative "A" and amend the FY 94 Transportation Fund budget by $59,129, increasing account number 007-056-8240-9540 Transfer to GRTC Fund from $338,516 to $397,645. Respectfully submitted, W. Robert Herbert City Manager WRH:afm cc: City Attorney Director of Finance Director of Utilities Budget Administrator GRTC General Manager & Operations MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 213 Church Avenue, S.W., Room 436 Roanoke, Virginia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #20-77-200 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31806-121393 endorsing a list of deficiencies and recommended improvements for roadways in the City of Roanoke for further study by the Virginia Department of Transportation, in connection with the Roanoke Valley Area Long-Range Transportation Plan, as set forth in a report of the Roanoke City Planning Commission under date of December 13, 1993. Resolution No. 31806- 121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc o pc: Ava Howard, Chief of Transportation Planning, Fifth Planning District Commission, 313 Luck Avenue, S. W., Roanoke, Virginia 24011 Wilburn C. DibLing, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works John R. Marlles, Chief, Community Planning Charles M. Huffine, City Engineer William L. Stuart, Manager, Streets and Traffic Robert K. Bengtson, Traffic Engineer MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File//20-77-200 Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: I am enclosing copy of Resolution No. 31806-121393 endorsing a list of deficiencies and recommended improvements for roadways in the City of Roanoke for further study by the Virginia Department of Transportation, in connection with the Roanoke Valley Area Long-Range Transportation Plan, as set forth in a report of the Roanoke City Planning Commission under date of December 13, 1993. Resolution No. 31806- 121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. Sincerely, Mary F. Parker, CM~/AAE City Clerk MFP: sm Eric. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #20-77-200 M. Scott Hollis Urban Engineer Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Dear Mr. Hollis: I am enclosing copy of Resolution No. 31806-121393 endorsing a llst of deficiencies and recommended improvements for roadways in the City of Roanoke for further study by the Virginia Department of Transportation, in connection with the Roanoke Valley Area Long-Range Transportation Plan, as set forth in a report of the Roanoke City Planning Commission under date of December 13, 1993. Resolution No. 31806- 121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of DecemSer, 1993. No. 31806-121393. VIRGINIA, A RESOLUTION endorsing a list of deficiencies and recommended improvements for roadways in the City of Roanoke for further study in connection with the Roanoke Valley Area Long-Range Transporta- tion Plan. WHEREAS, state and local agencies must continually develop long range transportation plans as required by the Federal Highway Act of 1962; WHEREAS, the Virginia Department of Transportation ("VDOT") is updating the existing plan which will be known as the Roanoke Valley Area Long-Range Transportation Plan (1995-2015); and WHEREAS, the Virginia Department of Transportation is seeking the City's endorsement of these deficiencies and recommended improvements for further study.in connection with this Long-Range Transportation Plan and the Statewide Transportation Plan. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council endorses a list of deficiencies and recommended improvements for roadways in the City of Roanoke for further study by the Virginia Department of Transportation, as set out in the December 13, 1993, report of the Roanoke City Planning Commission. 2. That the City Clerk is directed to forthwith transmit attested copies of this resolution to the City Planning Commission and the Virginia Department of Transportation. ATTEST: City Clerk. '93 I,S~IO P2:57 Roanoke City Planning Commission December 13, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Roanoke Valley Area Long-Range Transportation Plan Roanoke Valley Area Transportation Plan (1975-1995) was completed by the Virginia Department of Transportation (VD OT) in 1979, with input from affected localities. State and local agencies must develop long range transportation plans as part of a "continuing, comprehensive, and cooperative (3-C) transportation planning process" required by the Federal Highway Act of 1962 for urban areas of 50,000 or more in population. This plan includes Roanoke City, Salem City, Town of Vinton, and the urbanized portions of Roanoke County and Botetourt County. Update of this existing nlan is being developed by VDOT in order to reflect the impact of changes in development and maintain a current planning document which can be used as a multi-modal planning tool by the affected jurisdictions. This updated document will be known as the Roanoke Valley Area Long-Range Transportation Plan (1995~2015). C. VDOT's orocess for developing this plan involves the following work elements: Establish a study area boundary based on existing and anticipated development (all of Roanoke City is within the study area). 2. Update an inventory of the existing roadway network and traffic data. Run computer models of the existing conditions using roadway network data (such as roadway geometrics), socioeconomic data (such as population, dwelling units, automobile registrations, employment, and Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 II. 2 school enrollment), and previously developed trip generation equations. Distribute and assign vehicle trips to the roadway network. Run computer models for the year 2015 using the existing and the committed roadway network with the forecast socioeconomic data. Determine roadway network deficiencies, test alternative solutions and make recommendations. Consideration must also be given to the 15 elements (see Attachment A) listed in the Intermodal Surface Transportation Efficiency Act (ISTEA) 1991. 6. Bicycle, pedestrian and other modal needs will be considered. Present recommendations to Metropolitan Planning Organization and jurisdictions for approval. 8. Prepare final report. Roadway network deficiencies and recommended improvements for Roanoke City's portion of this Long Range Transportation Plan are listed in Attachment B. This has been developed using the process described in I.C. above. Projects presently funded in the Six-Year Improvement Plan are shown as being "committed." VDOT is seeking Roanoke City's endorsement of these deficiencies and recommended improvements for further study in connection with this Long Range Transportation Plan. Such an endorsement is essentially an acknowledgement that these deficiencies exist (or will exist by year 2015) and a recognition that these potential improvements for each roadway represent one possible solution. In no way does the City commit itself to any one of these recommended solutions. Deficiencies and recommended improvements listed here will also be used by VDOT in their Statewide Transportation Plan. This plan is used as a tool to assess roadway network needs throughout Virginia. It is updated every five (5) years by VDOT. Metropolitan Planning Organization (MPO) for the Roanoke area endorsed the attached list of deficiencies and the recommendations for inclusion in the Statewide Transnortation Plan and for further study in connection with the Roanoke Valley Area Long Range Transportation Plan update at their meeting on July 22, 1993. Plannin£ Commission Special Meetin~ was held on October 13, 1993. Mr. John Marlles, Chief of Planning and Community Development, stated that as part of VDOT's process to prepare the Roanoke Valley Area Long Range Transportation IV. 3 ~, they were requesting the City's endorsement of the list of roadway deficiencies and recommended improvements for roadways for further study. There were no questions or comments from the public or Commission members. Issues: A. VDOT. B. Timing. Alternatives: Ao Roanoke City Council endorse the attached deficiencies and recommended improvements for roadways in the City of Roanoke for further study in connection with the Roanoke Valley Area Long Range Transportation Plan update and for the Statewide Transportation Plan. VDOT can proeeed with a greater degree of confidence in the update of this plan. 2. Timing is important. VDOT desires to proceed as quickly as possible. Bo ~ not endorse the attached deficiencies and recommended improvements for roadways in the City of Roanoke for further study in connection with the Roanoke Valley Area Long Range Trans~ortati0n Plan update and for the Statewide Transportation Plan. 1. VDOT will not have the desired support. 2. Timing of plan update could be delayed. The Planning Commission, by a vote of 6-0 (Mr. Price absent) voted to recommend to City Council that they approve Alternative A to endorse the attached deficiencies and recommended improvements for roadways in the City of Roanoke for further study in connection with the Roanoke Valley Area Lone Ranee Transportation Plan update and for the Statewide Transportation Plan. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:mpf attachment cc: City Manager Assistant City Manager Assistant City Attorney Director of Public Works City Engineer Building Commissioner Traffic Engineer Chief of Transportation Planning, 5PDC 4 ATTACHMENT A METROPOLITAN PLANNING FACTORS UNDER ISTEA SECTION 134(F) STATES: "IN DEVELOPING TRANSPORTATION PLSuNNING PLANS AND PROGRAMS PURSUANT TO THIS SECTIONt EACR METROPOLITAN PLANNING ORGANIZATION SHALLt AT A MINIMUM~ CONSIDER THE FOLLOWING: (1) (2) (3) (4) (s) (6) (7) Preservation of existing transportation facilities and, where practical, ways to meet transportation needs by using existing transportation facilities more efficiently. The consistency of transportation planning with applicable Federal, State, and local energy conservation progra~ns, goals, and objectives. The need to relieve congestion and prevent congestion from occurring where it does not yet occur. The likely effect of transportation policy decisions on land use and develo~xnent and the consistency of transportation plans and programs with the provisions of all applicable short-and long-term land use and development plans. The programming of expenditures on transportation enhancement activities as required in section 133. The effects of all transportation projects to be undertaken in the metropolitan area, without regard to whether such projects are publicly funded. International border crossings and access to ports, airports, intermodal transportation facilities, major freight distribution routes, national parks, recreation areas, monuments and historic sites, and military installations. (8) The need for connectivity of roads within the metropolitan area with roads outside the metropolitan. (9) The transportation needs identified through use of the management systems required by section 303 of this title. {10) Preservation of rights-of-way for construction of future transportation projects, including identification of unused rights-of-way which may be needed for future transportation corridors and identification of those corridors for which action is most needed to prevent destruction or loss. (11) Methods to enhance the efficient movement of freight. (12) The use of life-cycle costs in the design and engineering of bridges, tunnels, or pavement. (13) The overall social, economic, energy, and environmental effects of transportation decisions. (14) Methods to expand and enhance transit services and to increase the use of such services. (15) Capital investments that would result in increased security in transit systems. ATTACHMENT B z ~O ש O ~_~ ~ ~ ~ ~ @~< 8 - O 0 0 o w 0 0 Z X _o 0 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAK1N I~puty City Clerk December 17, 1993 File #50-51-137 The Honorable William White, Sr. Chairperson Legislative Affairs Committee Roanoke, Virginia Dear Mr. White: A report of the Legislative Affairs Committee transmitting the 1994 Legislative Program, was before the Council of the City of Roanoke on Monday, December 13, 1993. On motion, duly seconded and unanimously adopted, action on the 1994 Legislative Program was deferred until the regular meeting of Council on Monday, December 20, 1993, at 2:00 p.m., or as soon thereafter as the matter may be heard. Council also authorized a public hearing to be held on Monday, January 3, 1994, al 2: 00 p. m., or as soon thereafter as the matter may be heard, with regard to certain proposed City Charter Amendments. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc-' W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance David A. Bower~ Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011-1536 Telephone (703) 981-2541 December 13, 1993 Council Member~: Elizabeth T. Bowles John S. Edwards James G. Harvey, Il Delvis O. "Mac" McCadden Howard E. Musser William White, Sr. The Honorable Mayor and Members of City Council Roanoke, Virginia Re: 1994 Legislative Program Dear Council Members: On November 29, 1993, City Council's Legislative Committee met to review the proposed 1994 Legislative Program, a copy of which is attached, prepared by the City Attorney. After careful review, the Committee approved the Program and recommended that City Council adopt the attached resolution endorsing the Program and commending it to the City's delegation to the 1994 Session of the General Assembly. Unfunded federal and State mandates have recently been the topic of much discussion, and the Policy Statements Section of the 1994 Legislative Program includes a strong statement on Mandates (pages 1-2). The Policy Statements again highlight the plight of the Commonwealth's central cities and request that the General Assembly address this critical issue (pages 4-6). The paramount issue included in the Legislative Proposals is the City Council and School Board request that the Commonwealth provide more equitable funding for the City's School Division (pages 8-10). A proposed Charter Amendment clarifies the authorities of the Director of Finance in the collection of delinquent real estate taxes (page 21). Previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life of citizens of this City, and the Program that the Legislative Committee now recommends to you should continue this tradition. Please note that the proposed Charter amendment will require a public hearing, and it is recommended that Council, by motion, establish a public hearing on the proposed Charter amendments for January 3, 1994. The City Attorney has recommended this date which will permit him to complete the required public advertising and still allow for introduction of our Charter amendment bill prior to the first day of the 1994 Session as required by State Code. The Honorable Mayor and Members of City Council December 13, 1993 Page 2 The City Clerk is currently working on the scheduling of our annual meeting with the City's legislative delegation. As has been the case in previous years, the School Board will also be invited to attend. Thank you for your consideration of the 1994 Legislative Program. Resp~ectfully submitted., William White, Sr. Chairman, Legislative Committee WWSr:f Attachments CC: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk 1994 LEGISLATIVE PROGRAM CITY OF ROANOKE CITY COUNCIL SCHOOL BOARD David A. Bowers, Mayor Elizabeth T. Bowles John S. Edwards James G. Harvey, II Delvis O. "Mac" McCadden Howard E. Musser William White, Sr. Charles W. Day, Chairman Wendy O'Neil, Vice-Chairman Marilyn L. Curtis C. Nelson Harris Finn D. Pincus Clubert G. Poff James M. Turner, Jr. CITY MANAGER W. Robert Herbert SUPERINTENDENT K. Wayne Harris Wilburn C. Dibling, Jr. City Attorney 464 Municipal Building Roanoke, Virginia 24011 703-981-2431 TABLE OF CONTENTS Introduction ............................ Policy Statements ........................ Legislative Proposals .................... Charter Amendments ....................... Appendix ................................. Index .................................... Page INTRODUCTION The City Council is pleased to commend this Legislative Program for consideration by the 1994 Session of the General Assembly. The City Council representing all the people of our great City is uniquely qualified to understand the legislative needs of City government and our people. I am of the opinion that this Program is responsive to those needs. With the support of our legislators, and this City is fortunate to have legislators who are most supportive and responsive to the needs of our City and its citizens, I know that our City government and School Division will be improved and that the quality of life for our citizens will be advanced. This Program has been prepared by our City Attorney, Wilburn C. Dibling, Jr., with the assistance of comments and suggestions from Council members, School Board members, City and School administrators and citizens. It has been carefully reviewed by City Council's Legislative Committee consisting of Chairman William White, Sr., and Members Delvis O. "Mac" McCadden, John S. Edwards, Finn D. Pincus and The Reverend C. Nelson Harris. Upon the recommendation of the Legislative Committee, the Program was adopted and endorsed by City Council on 1993. See Resolution No. , at App. A-1. The Program consists of three parts. The first part is a series of policy statements which represent the philosophy of Roanoke City Council on a number of important policy issues. Obviously, it is impossible to anticipate all the legislative issues that will arise during the course of any session of the General Assembly, and these policy statements should provide helpful guidance to our legislators throughout the Session. The second part of the Program consists of specific legislative proposals of the City, and the third part consists of recommended Charter amendments. A Resolution requesting the Charter amendments is included at App. A-2. If during the course of the Session our legislators have questions concerning the position of the City on legislative matters, they are encouraged to contact our City Attorney who I know will be pleased to respond after consultation with Council's Legislative Committee or the School Board and any other appropriate officials. I also know that the City Attorney will be in contact with our legislators on many occasions during the 1994 Session, and their consideration of his communications is deeply appreciated. David A. Bowers Mayor POLICY STATEMENTS EFFECTIVE GOVERNMENT Local governments were originally organized to provide essential services and protection that citizens could not or would not provide for themselves. Examples of such essential local services are education, provision for health and welfare, police and fire protection, delivery of safe water, sewage treatment and refuse collection. Local governments and their officials are continually striving for economy, effectiveness, responsiveness, efficiency and productivity in delivery of such services. Unfortunately, the essential services for which local governments were originally created have been overshadowed by numerous less critical programs mandated by the federal and State governments. The federal and State governments should recognize that local governments are the best vehicle for the delivery of basic public services because local governments are closest to the people and most responsive to their needs. Furthermore, basic public services cannot be provided in the most effective way if the State attempts to dictate in minute detail the structure of all local government, the administrative and legislative procedures to be followed uniformly by all local governments and the details of all programs administered at the local level. The City opposes State intrusions in the way local governments conduct their business, including the way council meetings are conducted, procedures for adopting ordinances, what can be addressed by ordinance and what by resolution, purchasing procedures and establishment of hours of work, salaries and working conditions for employees. MANDATES According to the Joint Legislative Audit and Review Commission, Virginia's local governments are subject to 391 Federal and State mandates. These mandates require localities to perform duties without consideration of local circumstances, costs or capacity and require localities to redirect their priorities to meet Federal and State objectives regardless of other pressing local needs and priorities affecting the health, safety and welfare of citizens. The cumulative effect of Federal and State legislative and regulatory mandates has exacerbated the already serious financial problems of local governments. The General Assembly should be commended for recently showing increased sensitivity to the mandate issue. Several years ago, the General Assembly began the fiscal note process by which cost estimates for proposed legislation are completed prior to final review of the legislation by a committee. Additionally, the 1993 Session amended the State Code to require (1) that all State agencies review all mandates imposed on local governments with the 1 objective of determining which mandates may be altered or eliminated and (2) that the Commission on Local Government prepare and annually update a catalog of Federal and State mandates. The actions taken by the 1993 Session were recommended by the Joint Legislative Audit and Review Commission's study of intergovernmental mandates and financial aid to local governments, completed in January, 1992. Several other of the Commission's recommendations should be adopted by the General Assembly. These include: Requiring a review of all mandates in specific program areas to establish the full cost of implementing mandates and to develop an appropriate basis for determining State-local funding responsibilities; and Improving the current fiscal note process by requiring that cost estimates be completed prior to first full review by a legislative committee and that legislation which negatively affects the revenue-raising ability of local governments also be submitted to the Commission on Local Government for fiscal impact analysis. EDUCATION The Report of the Governor's Commission on Virqinia's Future states that education should be the highest priority of the Commonwealth. Yet, the Report notes that Virginia has not honored its commitment to education. The General Assembly is also urged to provide full funding of the State's share of the actual cost of the Standards of Quality and full funding of categorical educational mandates. In this regard, please see specific legislative proposals at pages 9-11. CLARIFICATION OF STATE AND LOCAL RESPONSIBILITIES The 1991 Session of the General Assembly is commended for requesting that the Joint Legislative Audit and Review Commission (JLARC) undertake a comprehensive review of State and local service delivery responsibilities and the funding mechanisms that support them. The sorting out process of determining which services should be performed by the State and which by its local governments is vitally important, and more rational assignment of service delivery responsibility will advance the interests of the State and local governments. The General Assembly is urged to carefully consider JLARC's recommendations, particularly those relating to State assumption of service delivery responsibility where service or performance standards are defined by federal or State law and/or regulations. 2 GOVERNOR'S ADVISORY COMMISSION ON THE DILLON RULE AND LOCAL GOVERNMENT By Executive Order No. 42, promulgated October 28, 1991, Governor Wilder created the Governor's Advisory Commission on the Dillon Rule and Local Government and charged the Commission with the responsibility of considering current local government powers in the Commonwealth; assessing the ability of local governments to deal with local and regional issues within the framework of existing law; and evaluating the need for changes to the Code of Virginia deemed necessary to provide local governments with improved ability to address local and regional issues. Former Senator J. Granger Macfarlane was appointed to chair the Commission which rendered its report to the Governor in November, 1992. The Commission has performed an important service to the Commonwealth, and its recommendations are commended to the General Assembly. These recommendations include the following: Title 15.1, Counties, Cities and Towns, of the Code of Virginia should be recodified. Title 15.1 has not been revised since 1962, and persons testifying before the Commission uniformly criticized it as disorganized, inconsistent and confusing. Recodification of Title 15.1 should be carried out in close coordination with local government attorneys and key local government officials. The General Assembly should carefully consider JLARC's recommendations as to the assignment of service delivery responsibilities between State and local governments. The State should consider assuming responsibility for services when service and performance standards are dictated by State law and/or regulation. Also, the ability to raise revenue should more closely correspond to the requirement to provide services. The General Assembly should establish a legislative commission composed of State legislators and local government officials to study and make recommendations relating to the unique problems of central cities in the Commonwealth. While the central cities of the Commonwealth are making a vigorous effort to raise revenues, data provided by the Commission on Local Government demonstrates that they are still suffering from extreme fiscal stress. A thorough study and development of an action plan to address the special problems of central cities is needed. This effort should include an assessment of the impact of the "magnet effect", municipal overburden and related social ills that are unique to urban centers. Amend ~15.1-510, Powers of counties, and ~15.1-839, General qrant of powers to municipalities, to provide that the authority delegated to local governments by the General Assembly shall be broadly construed to effect the purpose of the delegation. Such proposal represents a modest and reasonable relaxation of current restrictions which does not do violence to the principle that local governments can exercise only those powers specifically delegated to them by the Commonwealth. REVENUE AND FINANCE The City is vitally concerned over the continued erosion of local revenue sources. The General Assembly is urged not to cap, remove or further restrict any revenue sources that are currently available to localities, including taxing authority and user fees. Furthermore, the General Assembly should give localities additional authority, such as the one-half cent local option sales tax, to raise adequate local revenues to ensure the continued vitality of local government. Historically, real and personal property taxes have been the foundation of local tax revenues. The State's restriction and erosion of other local sources, however, has resulted in over reliance on property taxes, placing local governments in financial jeopardy. The Joint Legislative Audit and Review Commission's (JLARC's) own study shows that the real property tax rate in Virginia is the second highest among fifteen Southern states and fifty percent higher than nine Southern States. The City supports additional and more equitable sources of revenue, but the decision on which, if any, local revenue sources should be reduced or eliminated should be strictly a local decision. SPECIAL NEEDS OF CENTRAL CITIES WITHOUT ANNEXATION POWER The larger, more urbanized, central cities of the Com- monwealth, such as this City, provide a full range of housing, health, mental health, transportation, social and humanitarian services. School systems in these cities provide excellent special education programs, and private charities located in central cities provide a broad range of charitable assistance. These factors make the Commonwealth's central cities a magnet for those in need of services. Consider these facts: That the City has over 4110 subsidized housing units while Roanoke County and Salem have only 198 and 216, respectively; · That the City's elderly population is at 22% and increasing; That 23% of the City's population is below the age of 19 meaning that nearly 45% of the City's population are consumers of governmental services with little ability to pay for these services; and That, by 1991, 52% of children in the City Public School System came from economically deprived homes (up from 15.8% in 1980). In spite of these demographic negatives, the City has made tremendous strides in economic development. Downtown has been revitalized; industrial parks have been established; and new businesses and industries have been attracted. It is unlikely, however, that these recent successes can be sustained over the long term. In this regard, the major problem facing the City is an inadequate inventory of developable land. Much of our mountainous terrain is either undevelopable or developable only at tremendous costs. Other land in the heart of the Roanoke Valley is subject to flooding and undevelopable. Roanoke's peculiar problems are compounded by the need of central cities to provide welfare, public safety, transportation, and water and sewer services at a level not required in adjoining suburban or rural localities. These services benefit the entire region, but are paid for primarily by City taxpayers. Historically, the fiscal stress of central cities has beef relieved by annexation. Recently, however, the power of annexation has, without logic, been denied to the central cities which need it most. If the central cities of the Commonwealth are to remain strong, viable units of government, which is in the best interest of the Commonwealth, decisive action needs to be taken. Among those actions which should be considered are: Reevaluation of Virginia's unique system of independent cites which imposes upon cities the unfair responsibility of providing regional services without reimbursement from adjoining beneficiary localities; 2. Special funding by the Commonwealth of those services provided by central cities which benefit the entire region; 3. As recommended by the Grayson Commission (House Bill 550 introduced at the 1990 Session), creation 5 of financial incentives to encourage governmental integration of independent cities with adjoining counties; and Also as recommended by the Grayson Commission, authority for cities with populations of less than 125,000 to make the transition to town status. ECONOMIC DEVELOPMENT City Council calls upon the Governor and the General Assembly to develop an economic development strategy for the Commonwealth and its local governments. The Commonwealth is implored to form a partnership with local governments, the business community and economic development experts to develop the strategy. The strategy should include special programs for those areas west of the Blue Ridge mountains and central cities across the Commonwealth. Each of these areas will need special financial assistance from the State if we are to have balanced growth across the Commonwealth. The strategy should also include additional educational funding for central cities. With shrinking labor pools in central cities across the State, new and existing businesses cannot afford to have young adults in these cities become unemployable. Special efforts must be made now through additional educational funding to save these at risk children. Finally, the strategy should include new marketing initiatives and financial incentives to enhance industrial recruitment efforts of the Commonwealth and its local governments. Tourism and convention activities that enhance the economic well being of the Commonwealth and its political subdivisions should be recognized as legitimate components of economic development. We urge the General Assembly to look closely at the way State tourism dollars are spent and to insure their fair distribution. Western Virginia has, in the past, not received a proportionate share of the dollars spent by the State tourism office, and there has been little emphasis on promoting the Virginia mountains. GOVERNMENTAL IMMUNITY Every session of the General Assembly brings new assaults on the doctrines of governmental immunity for political subdivisions and official immunity for local government employees. These doctrines should be retained, and in fact strengthened, for, among others, the following reasons: Local governments would be forced by loss of immunity to eliminate or cut back high risk functions or services, such as operation of nursing homes, parks and playgrounds and athletic programs, and such action is not in the public interest. Frivolous suits would be encouraged. Local governments would be viewed as a "deep pocket" making them an easy target for plaintiffs who could bring suit without even attempting to identify the employee allegedly at fault. Cost of local government would increase rapidly at a time when localities can ill afford a new major drain on financial resources. Cost of defense of litigation may be a more serious problem than the obvious cost of paying judgments. When the City and an employee are sued, conflicts may require a separate attorney for each party. A recent authoritative study shows that, of every $4 paid out in litigation by local government, $3 goes to legal costs; only $1 actually goes to compensate plaintiffs. o Threats of harassing lawsuits may make local government officials less likely to act decisively where courageous or difficult actions are in order. Good government is difficult to achieve when officials operate under con- stant fear of lawsuits. The cap on liability under the Virginia Tort Claims Act is illusory. The $25,000 cap on liability has already been increased to $75,000. Constant pressure will keep the cap spiraling upward. The City is opposed to any extension of the Virginia Tort Claims Act to localities and supports extension of immunity to certain groups of municipal employees and volunteers who are particularly vulnerable to suits which jeopardize the very existence of programs desired by the community. An example of a group of employees and volunteers needing immunity is coaches and officials serving in youth athletic programs sponsored by the City ZONING AND LAND USE One of the most important functions of local governments is local planning and land use control. This is appropriate because there is no entity better suited to make key land use decisions on behalf of any locality than the local governing body. In making land use decisions in this City, Council is guided by a comprehensive plan developed through a citizen-based planning process. City Council views with increasing alarm recent efforts of the General Assembly to control local land uses. The Council opposes any legislation that would restrict present land use powers of local governments to establish, modify and enforce zoning classifications. Local governments should remain free to adopt and enforce zoning changes that address local land use needs. LEGISLATIVE PROPOSALS EDUCATION - FULL FUNDING OF STANDARDS OF QUALITY The General Assembly should recognize the long standing support of public education by local governments. For many years, local governments have funded educational costs beyond their required share in efforts to provide quality education. Increased funding for education, including full funding of the State's share of the actual costs of the Standards of Quality and full funding of categorical educational mandates, is a top priority of the City Council and School Board. Increased State funding should be achieved without reduction to other funding components of the State's public education budget or to other State funding items affecting local governments. The State has begun to factor public school capital improvement costs into the Standards of Quality and should increase its share of funding such costs. Finally, no changes to educational funding formulas, which would reduce State funding of any school divisions, should be recommended without specific notice of such proposed changes being given to each school division and the Virginia School Boards Association. Public hearings should be held with respect to such proposed changes at locations throughout the Commonwealth. Notice with respect to any changes to be presented to any Session of the General Assembly should be given at least ninety days prior to the commencement of the Session. EDUCATION - EQUITY IN FUNDING The Governor's Commission on Educational Opportunity for all Virginians was created in 1990 with the charge of advising the Governor and the General Assembly on how to address the problem of educational disparity. In its report to the Governor in February, 1991, the Commission recognized that, in order to address disparity in funding public education, the Commonwealth must (1) increase the size of the entire education budget by providing more funding and (2) redistribute funds so that those school divisions with lower fiscal capacity and those divisions with higher concentrations of students with special needs receive a greater proportion of the total funds. To achieve more equitable funding, the City Council and School Board urge the General Assembly to adopt the following recommendations of the Commission: Revise and fund the standards of quality to acknowledge prevailing practices and to recognize the additional costs of students with special needs, such as those who may be educationally disadvantaged, disabled or in 8 need of remedial assistance. Currently, the Commonwealth's school divisions provide a higher level of education than is required by the standards. This higher level is achieved by the expenditure of local-only funds. The impact of raising the standards would be to match State standards to prevailing practices, thus pumping additional State dollars into education. Provide a better measure than the current composite index of the ability of the Commonwealth's localities to pay for education. The composite index is the ability to pay measure that is currently used to distribute 75% of the State's education funding. Any new measure of local ability to pay for education should more accurately reflect (i) local fiscal stress; (ii) taxpayer ability to pay; and (iii) local funding effort for education. The current composite index is defective in that it does not measure local fiscal stress. While revenue capacity is an important factor, the current formula ignores the expenditure side of the local budget. Central cities, such as Roanoke, must make large expenditures for public safety, health and welfare that are not required of suburban and rural counties. Fiscal stress should be a part of the formula so that communities with crime, poverty and large numbers of children having special needs (disadvantaged students and those requiring special education or remedial education) are not shortchanged in educational funding. The composite index should also more accurately reflect taxpayer ability to pay. The current composite index appears to overemphasize land values and deemphasize income. The City's residents have a lower adjusted income than residents of surrounding localities and cannot be expected to provide the same level of financial support for education. This inability, however, should not penal'ize the City's school children. Finally, the composite index should measure local funding effort for education. Including debt service expenditures, the total amount of local tax revenues allocated for School purposes for Fiscal Year 1993-1994 is $36,180,719 or 38.55% of the total adjusted local tax base. Over the years, City Council has made a Herculean effort to fund education. This effort, which has imposed a heavy burden on the City's taxpayers, is far in excess of that made by many local governing bodies. The revised composite index should promote equal local funding effort relative to revenue capacity. Educational funding disparity has been permitted to exist for far too long in the Commonwealth. Adoption of the fiscal 9 recommendations of the Governor,s Commission on Educational Opportunity would benefit the majority of Virginia school divisions and urban school divisions in particular. EDUCATION - METHOD OF CALCULATING STANDARDS OF~_UALITY COSTS The City Council and School Board urge the General Assembly to study the methodology used by JLARC in calculating the costs of the Standards of Quality (SOQ) to determine whether the formula accurately reflects the actual costs of meeting the SOQ. The new methodology appears to'be inadequate in several respects. First, it artificially lowers the State average salary instead of using actual salary figures. Second, it uses an artificially low limit on the number of professionals per thousand students for which State aid is given. Third, the methodology does not address the cost differences in providing education to students with special needs, such as the inner city school population served by our School Division. Inadequacy of State funding of the SOQ is readily apparent in our own City. For Fiscal year 1993-1994, the General Assembly has set the per pupil cost of the SOQ at $2,829. Actual per pupil cost for City students, however, is estimated to be $5,127 for Fiscal Year 1993-1994. Moreover, the City schools actually received only $1,321 per pupil for this Fiscal Year (including one time hold harmless payment for enrollment loss) after application of the composite index and State sales tax to the SOQ funding formula. EDUCATION - FULL FUNDING OF STATE MANDATED PROGRAM:~ fundi~A~ ~d~s~ ~y~ ~d~}es.have recommended that State ~ _ ~ ~o~u ~u~s~an~ally rot special education. Th ~cnool Board strongly supports ~his recommendation and als~ supports full funding of the State s share of the actual costs of. both Standards of Quality education mandates and categorical education programs· EDUCATION - SAFE SCHOOL LEGISLATION School safety and violence are increasing concerns of parents and teachers as community problems are carried over into school activities. The General Assembly adopted a "Safe School Act" at the 1993 Session. The Act provides a coordinated and comprehensive approach to ensure safe classrooms. The features of the Act should be enhanced by adoption of the following recommendations by the General Assembly: Strengthening of laws regulating the sale and ownership of handguns; 10 o State funding assistance for security personnel and equipment, including resource officers to facilitate safe schools through drug prevention, firearm education, and police awareness; Coordination of school safety programs among the appropriate State and local agencies to include the development of school safety audits; State funding assistance for alternative education programs; and Implementation of public agency outreach programs to promote responsibility by parents for the actions of their children. EDUCATION - STATE LITERARY FUND During the 1992-1994 Biennium, the General Assembly transferred $192 million from the State Literary Fund into the General Fund to cover teacher retirement contributions. Only minimal funding is now available to meet Literary Fund requests of over $88 million in Fiscal Year 1993-1994 for school construction and the five year need is estimated to be over $2.8 billion. The General Assembly is encouraged to adopt legislation that returns a reasonable level of loan authority to the Literary Fund and to develop other low-cost financial alternatives for school construction funding. EDUCATION - HEALTH SERVICES FOR DISADVANTAGED CHILDREN Disadvantaged children throughout Virginia are suffering from a lack of affordable health services. In Roanoke City, over 4,000 children lack access to comprehensive health care and about 50% of school age children reside in low-income families -- most of whom do not have adequate health insurance. Teenage pregnancy rates throughout the Commonwealth are at an all time high and continue to escalate. The Roanoke City Schools have limited financial resources to fund health services. The General Assembly is urged to support funding for the 1994-1996 Biennium that would provide at least one public health nurse for every 1,000 children residing in the locality. The services provided by these additional public health nurse positions would be primarily for disadvantaged children. EDUCATION - ADMINISTRATIVE SALARIES AND POSITIONS The State of Mississippi recently enacted legislation to limit administrative salaries and the number of administrative positions in local school divisions. Similar legislation is being studied in 11 Virginia. The State funds less than one third of the cost of administrative positions and the number of positions and salary level is a local option. Consequently, no State mandate should be imposed on administrative salaries or positions that should remain a local prerogative based on the needs and policies of the locality. EDUCATION - ELIMINATION OF SCHOOL AGE CENSUS Every three years, all school divisions conduct a census of school age children residing in the locality. The census becomes the basis for the distribution of State educational sales tax to the locality. New methodology using pupil average daily membership (ADM) would reduce the sales tax distribution to urban localities with declining enrollment. It is estimated that Roanoke City would lose over $1.2 million in State educational aid if such a change were to occur. This legislation should be opposed unless it incorporates a mechanism to protect urban school divisions from losing State aid. EDUCATION - EMPLOYEE GRIEVANCE PROCEDURES Legislation has been introduced and defeated in prior years that would impose binding arbitration on the grievance process for teaching employees. School Boards should retain the final authority for all teacher personnel matters rather than a third party administrative official. The General Assembly is asked to reject any legislation requiring binding arbitration for teacher grievances. EDUCATION - EMPLOYEE MEET AND CONFER Public school employees are protected by a variety of personnel and administrative regulations that enforce fair and equitable handling of their employment rights. Any legislation that would enact "meet and confer" or collective bargaining agreements between employees and local school boards would be counterproductive to the interest of the public welfare. Legislation regarding these matters should be defeated. EDUCATION - PUPIL TRANSPORTATION The last Session of the General Assembly defeated a State-wide legislative proposal for the transportation of private school students on public school buses. The reintroduction of such legislation would place an undue burden on the public school transportation system and subsidize private school transportation cost. The General Assembly is requested to defeat this legislation if it is reintroduced. 12 EDUCATION - SCHOOL OPENING DATE School divisions are now required to open after Labor Day which creates difficulties in scheduling for western Virginia school divisions that may have an abnormal number of closing days for inclement weather conditions. It may also require schools to remain open until the third week in June if Labor Day falls on September 6 and 7. The General Assembly is requested to remove the restriction on school opening prior to Labor Day. EDUCATION - FREE TEXTBOOKS The General Assembly adopted legislation to be enacted for the !994-1996 Biennium that would provide for the funding of a free textbook system for Virginia public schools. The School Board compliments the action of the General Assembly and urges that this initiative be fully funded by the State in order to eliminate the burden of textbook rental fees on parents and students. SALES TAX - LOCAL OPTION The City strongly urges the General Assembly to enact legislation authorizing all localities to levy an additional one- half cent local option sales tax, the revenues from such additional tax to be used for general government purposes. This tax authority would be in addition to the one cent local option sales tax now available to cities and counties. If authorized and levied by the City, the Director of Finance estimates an additional $6.44 million would be generated for the City's general fund. BUSINESS LICENSE TAX Pursuant to HJR 526, adopted by the 1993 Session of the General Assembly, a subcommittee has been reviewing the appropriateness and administration of the business, professional and occupational license (BPOL) tax The BPOL tax is an extremely important local revenue source, accounting for $267,000,000 Statewide and $7.76 million locally. City Council is open to alternatives to the BPOL tax that are revenue neutral to the City of Roanoke, but Council opposes any alternative that is not revenue neutral. TRANSPORTATION - IMPROVED ACCESS TO BLACKSBURG/VIRGINIA TECH Direct access between the Roanoke Valley and Blacksburg/Virginia Tech is important to economic development efforts in Southwest Virginia. The State Transportation Commission has already recognized that a direct link from Blacksburg to 1-81 is a different project from solving traffic congestion on U.S. Route 460 in Montgomery County, and its importance was high-lighted 13 when it was placed in the State's 6-year plan. Thus far, the federal government has allocated nearly $6 million to the "Smart Road" project. The City supports State funding for this important regional project which will be a catalyst for the creation of new jobs in the Roanoke and New River Valleys. INTERSTATE 73 The Intermodal Surface Transportation Efficiency Act of 1991 ("ISTEA") authorized the development of a national highway system to serve major population centers and major travel destinations. ISTEA identifies the Interstate 73 corridor from Charleston, South Carolina, to Detroit, Michigan, as being a high priority. The states of West Virginia and North Carolina have proposed alignments for 1-73, but the Commonwealth of Virginia has not yet decided where 1-73 should be located within this State. The interests of the Commonwealth would be better served by an 1-73 alignment following U.S. Routes 460 and 220 because such alignment would provide access to the largest population center in Virginia west of Charlottesville, the medical and financial centers of Southwestern Virginia, the largest airport in Southwestern Virginia and one of the State's major universities. Alignment of 1-73 along U.S. Route 460 and U.S. Route 220 would strengthen both interstate and intrastate commerce and provide direct economic benefits to the Commonwealth. City Council urges support for an alignment of 1-73 within the Commonwealth of Virginia following U.S. Route 460 from the West Virginia line to Roanoke and U.S. Route 220 from Roanoke to the North Carolina line. EXTENSION OF AMTRAK RAIL SERVICE The National Railroad Passenger Corporation ("AMTRAK") has recently completed an internal study of proposed new rail routes, including a new line from New York to Atlanta by way of Roanoke. The proposed new route will connect major northeast cities with Atlanta through the western Virginia cities of Charlottesville, Lynchburg and Roanoke, as well as the eastern Tennessee cities of Nashville and Chattanooga. Because of declining air and bus service to many cities, the new AMTRAK route would provide badly needed transportation access and act as a catalyst to development of local economies. Faster rail service to downtown Roanoke would provide additional support and increase visibility of such local economic development programs as the Hotel Roanoke and Conference Center, the Historic City Market, the Virginia Museum of Transportation, Center in the Square, Henry Street and other attractions and businesses in downtown Roanoke. 14 City Council endorses the proposal to extend AMTRAk service between New York and Atlanta via Roanoke and urges the City's delegation to work with the City to bring about this vital transportation link and economic catalyst. Specifically, the General Assembly is requested to support, including provision of any necessary funding, a feasibility study of the proposed new route to be jointly conducted by AMTRAK and the Virginia Department of Rail and Public Transportation. VIRGINIA MUSEUM OF TRANSPORTATION The Virginia Museum of Transportation, located in downtown Roanoke, attracts a significant number of visitors to downtown and is important to people of this region in understanding our railroad heritage. In the first year of the current Biennium, the Museum received no State funding, but in the second year of the Biennium, the Museum's funding was restored to $110,000. The General Assembly is urged to provide increased State funding for the Transportation Museum during the new Biennium. NURSING HOME The City-owned Nursing Home is subject to State-imposed ceilings on Medicaid reimbursement. This ceiling applies to locally-owned facilities, but does not apply to facilities operated by the Commonwealth. Because the employees of our Nursing Home are better paid than employees in private facilities, Medicaid does not fully reimburse our costs, and our Nursing Home is running a $410,000 annual deficit. The State is urged to treat locally-owned nursing homes the same as State facilities for purposes of Medicaid reimbursement. PUBLIC LIBRARIES City Council joins public library systems across the Commonwealth in urging full funding of the State-aid formula for public libraries. The current fiscal year finds libraries funded at 60% of the formula level. Full funding for Virginia libraries under the formula would provide $17,000,000 in State aid for Fiscal Year 1994-1995. This represents an increase in $7,000,000 over the current fiscal year funding. If public libraries are not adequately funded, the City's General Fund will have to make up the difference or purchase of new library materials will have to be significantly reduced. 15 LAW LIBRARY The Roanoke Law Library is a public library providing services to private citizens, students, teachers, government agencies and businesses as well as the Bar. The Law Library is supported primarily by a filing fee of $4.00 levied on each civil action filed in the Circuit Court or the General District Court. Recently, the number of filings has, however, been down sharply. In Fiscal Year 1991-1992, the Law Library received $163,311 in filing fees, whereas in Fiscal Year 1993-1994, the Law Library is projected to receive only $120,291 in fees. At the same time, over the same three-year period, the cost of legal publications increased twenty-four percent and the Library's budget for these publications decreased eleven percent. The $4.00 ceiling on filing fees levied on civil actions was established by the 1988 Session of the General Assembly. In order to provide adequate support for the Law Library, the General Assembly is urged to increase the allowable fee ceiling under §42.1-70, Code of Virginia (1950), as amended, from $4.00 per case to $6.00 per case. The General Assembly is also requested to apply this fee to criminal cases as well as civil cases. LONG TERM CARE The issue of long term care of adults who are disabled, retarded, abused or incompetent is currently being considered by a task force and the Joint Commission on Health Care. Legislative proposals may include broad new mandates for local government service provision and funding. City Council does not oppose efforts by the Commonwealth to restructure State level long term care administration in order to more effectively use its resources for services. City Council, however, vigorously opposes any effort by the State to require local governments to furnish additional services or to take on additional administrative roles in the area of long term care unless the State furnishes full funding for these new responsibilities. Council also opposes any restructuring of local long term care administration which would require the City to pay for such services without the power to establish policy for the delivery of such services. FIREARMS City Council is concerned with the level of violent crime, Statewide and locally. This City was among the first to implement community based crime prevention programs in cooperative efforts involving citizens, neighborhood organizations, the business 16 community, law enforcement agencies and local departments of the City. Much violent crime involves the use of a firearm. City Council supports two changes in the State's firearms laws. First, City Council supports a ban on assault weapons, such as the AK-47 and the TEC-9. These weapons have no legitimate hunting purpose and represent an eminent threat to our police officers. Second, the carrying of concealed weapons has become all too common, and Council supports legislation to make carrying a concealed loaded weapon, without a permit, a felony instead of a misdemeanor. CURFEW VIOLATIONS In 1992, a Citizens' Task Force recommended that the City's curfew ordinance be modernized and streamlined. Subsequently, City Council adopted a new ordinance, and the City administration, in ~conjunction with the Juvenile and Domestic Relations District Court and its Court Service Unit, developed and implemented a juvenile citation program which provides for Juvenile Court intervention in the case of repeat offenders. Dispositional alternatives, however, are severely limited because curfew violation is considered a status offense. In order to provide teeth for local government curfew ordinances, the General Assembly is urged to amend Title 16.1 to treat violation of local curfew ordinances the same as a traffic violation. Availability of fines and driver license revocation as dispositional alternatives in curfew cases would create a substantial deterrent to recidivism. COMMISSION ON POPULATION GROWTH AND DEVELOPMENT In 1989, the General Assembly established the Commission on Population Growth and Development. Establishment of the Commission fulfilled a commitment in the Chesapeake Bay Act and was recommended by an earlier General Assembly-appointed task force known as the Year 2020 Panel. Over the past several months, the Commission has been actively working on draft legislation which it seeks to have introduced at the 1994 Session. City Council is firmly committed to the principle that no entity is better equipped to make land use decisions at the local level than the local governing body. Accordingly, Council opposes any State effort to intervene in local land use decisions. Specifically, Council opposes any legislation by which local land use tools would be reviewed and evaluated for consistency with State-defined goals. 17 Two proposals of the Commission, however, warrant favorable legislative consideration. First, City Council supports a proposed requirement that the State establish a long-range strategic planning process intended to improve coordination and cooperation among State agencies. Second, Council endorses the establishment of a proposed Statewide geographic information network which would assist decision making at both the State and local government levels. VIRGINIA PUBLIC EMPLOYEE RETIREMENT SYSTEMS - PORTABILITY OF BENEFITS The recruitment and retention by the Commonwealth and local governments of qualified officers and employees is critical to maintaining and improving the quality of public service in the Commonwealth. Intrastate mobility of public service professionals would facilitate and enhance the recruitment of qualified personnel. Some political subdivisions of the Commonwealth do not participate in the Virginia Retirement System. State law does not currently provide for portability between local retirement systems or the local retirement systems and the Virginia Retirement System. The General Assembly is, therefore, requested to study the portability of retirement benefits between the governmental retirement systems of the Commonwealth. FREEDOM OF INFORMATION ACT The City Council strongly supports the free flow of information to citizens and the media through conduct of governmental affairs in the open, in good faith compliance with the Freedom of Information Act. It is recognized, however, that it is in the public's best interests to discuss some matters privately prior to official action. Accordingly, the City opposes extension of limitations on closed meetings and exempt records which upset the Act's careful balance between promoting a fully informed public and protecting matters the premature release of which would not be in the public's best interests. The City believes that amendment of the Act to require production of customized computer records would be unwise. In addition, localities should be able to continue charging reasonable fees for computer records that must be provided under the Act. NOTICE OF CLAIMS Section 8.01-222, Code of Virginia (1950), as amended, requires that notice of personal injury and property damage claims against cities and towns be given in writing within six months 18 after the occurrence. Compliance with §8.01-222 is simple; a claimant merely needs to state the nature of the claim and the time and place at which the injury occurred. Bills have been introduced at several recent sessions of the General Assembly to repeal this valuable notice requirement. Although compliance with §8.01-222 is simple, the notice requirement is vital to the Commonwealth's cities and towns. First, the notice provides the opportunity to correct any defect on public property which may have caused injury before another injury occurs. Second, the notice requirement affords the city or town a fair opportunity to investigate the facts and circumstances relating to a claim. The city has hundreds of miles of streets and sidewalks and usually becomes aware of a slip and fall or trip and fall only when notice is filed. Fresh notice is essential to the conduct of any meaningful investigation. If §8.01-222 is repealed, cities and town will frequently first learn of a claim two years after the fact when suit is filed. This will deny any reasonable opportunity to conduct an investigation of the facts and circumstances relating to the injury. In this regard, a locality is unlike a private property owner who is usually aware immediately of an injury on his property. The City believes that the notice requirement represents sound public policy and urges the defeat weakening or repealing §8.01-222. of 98.01-222 of any bill EXTENSION OF OCCUPATIONAL DISEASE PRESUMPTIONS Police officers, deputy sheriffs and firefighters have the advantage of nearly irrebutable presumptions that heart disease and hypertension are occupational diseases under the Workers' Compensation Act. Firefighters have an additional presumption with respect to lung disease. The City currently has a Workers' Compensation Act liability of $2.6 million for heart, hypertension and lung awards made to public safety officers as a result of the statutory presumption. Without stating any opinion as the wisdom of the current presumptions, the City urges the General Assembly not to extend the occupational disease presumption to new diseases, such as cancer. The high incidence of cancer among Americans is known to all of us, and, as terrible as this disease is, it should not be the subject of a work related presumption. COLLECTIVE BARGAINING Any legislation authorizing collective bargaining for public employees in general or for any public employee group should be opposed. 19 Ail public employees now have effective grievance procedures. Both the City and the School Board have developed effective means of communication which permit public employees to voice their concerns. Collective bargaining would be a detriment to the progress which has been made. 20 CHARTER AMENDMENTS DIRECTOR OF FINANCE - COLLECTION POWERS Section 37 of the City Charter and S58.1-3934, Code of Virginia (1950), as amended, authorize the City Council to transfer the responsibility to collect certain delinquent local taxes from the City Treasurer to the Director of Finance. Pursuant to §37, City Council has previously transferred to the Director of Finance the responsibility to collect delinquent real estate taxes. When such transfer occurs, it appears the Director of Finance has delegated to him all collection powers of the City Treasurer, except the Treasurer's powers with respect to collection of real estate taxes. See §58.1-3934. Treasurer's powers as to real estate tax collection apparently not transferred to the Director of Finance include the tax lien, levy or distress and the annual statutory advertisement of delinquent taxes. Such powers are essential if the Director of Finance's collection efforts are to be effective, and the City Council urges the General Assembly to amend the City Charter to provide this additional authority for the Director of Finance. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 1994 Session of the General Assembly. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; and WHEREAS, the Legislative Committee of City Council has by report, dated December 13, 1993, recommended to Council a Legislative Program to be presented at the 1994 Session of the General Assembly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Legislative Program transmitted by report of the Legislative Committee, dated December 13, 1993, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 1994 Session of the General Assembly. 2. The City Attorney is authorized to cause publication of notice of a public hearing with respect to proposed Charter amendments to be held at 2:00 p.m. on January 3, 1994. 3. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 1994 Session of the General Assembly to attend Council's Special Meeting relating to legislative matters, the date and time to be arranged. ATTEST: City Clerk. INDEX POLICY STATEMENTS Clarification of State and Local Responsibilities ........ 2 Economic Development ................................ 6 Education ............ iii ......... i...i ............... 2 Effective Government ..................................... 1 Governmental Immunity .................................... 6 Governor's Advisory Commission on The Dillon Rule and Local Government .................................... 3 Mandates ................................................. 1 Revenue and Finance ........................... 4 Special Needs of Central ~i~ies ~i~out Annexation Power ........................................ 4 Zoning and Land Use ...................................... 7 LEGISLATIVE PROPOSALS Business License Tax .................................... 13 Collective Bargaining ................................... 19 Commission on Population Growth and Development ......... 17 Curfew Violations ....................................... 17 Education - Administrative Salaries and Positions ....... 11 Education - Elimination of School Age Census ............ 12 Education - Employee Grievance Procedures ............... 12 Education - Employee Meet and Confer .................... 12 EducatIon - Equity in Funding ............................ 8 Education - Free Textbooks .............................. 13 Education - Full Funding of Standards of Quality ......... 8 Education - Full Funding of State Mandated Programs ..... 10 Education - Health Services for Disadvantaged Children..ll Education - Method of Calculating Standards of ............... 10 ............... 12 ............... 10 ............... 13 ............... 11 ............... 14 Extension of Occupational D~s~s7 Presu~)tions..iill .... 19 Firearms ...................................... 16 Quality Costs ......................... Education - Pupil Transportation ....... Education - Safe School Legislation .... Education - School Opening Date ........ Education - State Literary Fund ........ Extension of Amtrak Rail Service ....... Freedom of Information Act.. Interstate 73 .............. Law Library ................ Long Term Care ............. Notice of Claims ........... Nursing Home ............... Public Libraries .............................. 15 Sales Tax - Local Option] .... ]..] .... ]]].]...[[ ......... 13 Transportation - Improved Access to Blacksburg/ Virginia Tech .......................................... 13 Virginia Museum of Transportation ....................... 15 Virginia Public Employee Retirement Systems - Portability of Benefits ................................ 18 A-4 CHARTER AMENDMENTS Director of Finance - Collect±on Powers ................. 21 A-5 CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE; 70~981-2431 WILBURN C. DIBMNG, JR. December 1 3, 1 9 9 3 WILLIAM X PARSONS STEVEN J. TALEVI KATHLEEN MARIE KRONAU GLADYS L. YATES The Honorable Mayor and Members of City Council Roanoke, Virginia Re: City of Roanoke Charter as amended by Chapter 449 of 1991 Acts of Assembly and Chapter 706 of 1993 Acts of Assembly Dear Mrs. Bowles and Gentlemen: Delegate Woodrum has recently called to my attention a technical error concerning ~62 of the Roanoke City Charter. This error was called to his attention by the State Division of Legislative Services. In order to insure that the content of the City Charter is consistent with City Council's previous decisions, a technical amendment to ~62 of the City Charter will be required at the 1994 Session of the General Assembly. This situation results from failure of the 1993 Session of the General Assembly to consider action taken by the 1991 Session. The 1991 Session amended subsection (8) of ~62, Zoninq, to provide for staggered terms for members of the Board of Zoning Appeals. See Chapter 449 of the 1991 Acts of Assembly. The 1993 Session also amended ~62 of the City Charter; the 1993 amendments related to design overlay districts and the Architectural Review Board. See Chapter 706 of the 1993 Acts of Assembly. In making the 1993 amendments, the language of the 1991 amendment establishing staggered terms for members of the Board of Zoning Appeals was not set out. This situation has caused the Division of Legislative Services to suggest that the 1991 amendment was inadvertently repealed. It is, of course, important that there not be any question with respect to the content of the City Charter. Therefore, it would seem prudent to reenact ~62 including the 1991 amendment, and Delegate Woodrum has agreed to have a bill prepared to accomplish this. I will see that this matter is advertised along with the Charter amendment included in the City's 1994 Legislative Program. The Honorable Mayor and Members of City Council December 13, 1993 Page 2 Delegate Woodrum's helpfulness oversight is much appreciated. in correcting this technical With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney WCD:f cc: The Honorable Clifton A. Woodrum, III, Member, House of Delegates W. Robert Herbert, City Manager Mary F. Parker, City Clerk Steven J. Talevi, Assistant City Attorney MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #277-303-405 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31807-121393 accepting the bid of First Union Corporation of Virginia and authorizing execution of an agreement with First Union for the purchase of 250 parking permits in the Tower Parking Garage, for a term of five years, subject to certain terms and conditions, with a monthly rate of $23.00 per permit, as more particulariy set forth in a report of the City Manager under date of December 13, 1993. Resolution No. 31807-121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Philip E. Witt, Vice President, First Union Corporation of Virginia, P. O. Box 13327, Roanoke, Virginia 24040-0001 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Deborah J. Moses, Chief of Billings and Collections Kit B. Kiser, Director, Utilities and Operations Stephen A. Mancuso, General Manager, Vailey Metro Diane S. Akera, Budget/Management Anaiyst, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of December, 1993. No. 31807-121393. A RESOLUTION accepting the bid of First Union Corporation of Virginia and authorizing the execution of an agreement with First Union Corporation of Virginia for the purchase of 250 parking permits in the Tower Parking Garage. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of First Union Corporation of Virginia to purchase 250 parking permits in the Tower Parking Garage, as more particularly described in the City Manager's report dated December 13, 1993, is hereby ACCEPTED. 2. The City Manager or Assistant City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, an agreement with First Union Corporation of Virginia for the purchase of Parking Garage. The agreement years, subject to certain terms 250 parking permits in the Tower shall be for a term of five (5) and conditions, with a monthly rate of twenty-three dollars ($23.00) per permit. 3. The agreement shall be in substantially the form attached to the City Manager's report dated December 13, 1993 and shall be approved by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia December 13, 1993 The Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bids for Parking Permits in Tower Parking Garage I concur in the recommendation of the Bid Committee Report regarding the subject bids. Respectfully submitted, City Manager WRH:afm cc: City Attorney Director of Finance Director of Utilities & Operations GRTC General Manager Chief of Billings & Collections November 22, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Council Members: Subject: Bids for Parking Permits in Tower Parking Garage I. BACKGROUND: Bids were received on November 1, 1993 after proper public advertisement for the purchase of 250 parking permits in the Tower Parking Garage. B. Bid requirements were as follows: Bidder agrees to create at least 200 new jobs in the Downtown Enterprise Zone between December 15, 1993 and July 1, 1994. Bidder agrees to provide City with certification of the number of jobs maintained by the bidder as of the date of the bid. Bidder agrees that the monthly fee shall be paid-in-full with one monthly remittance by the first of each month. Bidder agrees that the parking permits are to be used by officers and employees of the Bidder and that the permits are not transferable or assignable. Bidder agrees that the agreement for the purchase of such parking permits shall be for a term of five (5) years beginning December 15, 1993 with no right or option for renewal. Bidder agrees that the permits to park under this agreement shall provide only the right to park a vehicle in the garage and does not provide Bidder or its officers and employees with any right or interest in any particular parking space. CURRENT SITUATION: Ao Co ISSUES: A. B. C. Bid received is shown on the attached document. This bid is for the fee to be paid over a five (5) year period for 250 parking permits at a rate of $23.00 per month per permit. Parkin~ soaces are available in the Tower Garage to accommodate the addition of 250 cars. New revenue to the City based on 250 permits at $23.00 each is as follows: $23.00 x 250 -- $5,750 per month = $69,000 per year = $345.000 for five (5) year bid period Compliance with specifications. Best interest of the City. Increased revenue for Tower Parking Garage. ALTERNATIVES: A. Council authorize the acceptance of the bid of First Union Corporation of Virginia and the execution of a contract document between First Union Corporation of Virginia and the City of Roanoke. 1. Compliance with specification is deemed to be appropriate. 2. Best interest of the City will be served by attracting 250 new jobs to the Central Business District. 3. Increased revenue for the Tower Garage will be realized. Re_iect all bids. 1. Compliance with specifications will not be an issue. 2. Best interest of the City is not served. 3. Increased revenue for the Tower Garage will not be realized. Bo RECOMMENDATION: Recommend that City Council authorize the City Manager to execute a contract with First Union Corporation of Virginia in accordance with Alternative A, with the form of contract to be subject to the approval of the City Attorney. WW:WC:KK:bw Attachment CC; Respectfully submitted: William White, Sr., Chairman William F. Clark City Manager City Attorney Director of Utilities and Operations GRTC General Manager Manager, Office of Billings and Collections PARKING PERMITS BID FORM DATE November 1. 1993 Roanoke City Council: The undersigned hereby proposes and agrees, if this bid is accepted, to purchase from the City of Roanoke the below specified number of parking permits in the Tower Parking Garage located at 19 Norfolk Avenue, S. E. in accordance with the Instructions to Bidders, dated October 11, 1993. MINIMUM ACCEPTABLE BID IS $23.00 PER PERMIT PER MONTH BASE BID: $ 23.00 per permit per month beginning December 15, 1993 for 250 initial number of spaces (specify initial number of spaces between a minimum of 200 and maximum of 250) ADDITIONAL SPACES: 1. per month on (Specify No.) (Date) thru remaining term 2. per month on (Specify No.) (Date) thru remaining term 3. per month on (Specify No.) (Date) thru remaining term FIRST UNION NATIONAL BANK OF VIRGINIA (BY) Ph'ilip Witt, VP P.O. Box 13327 (VA 7225) Roanoke, VA 24040-0001 Business Address BID FORM Page 2 DIRECTIONS FOR MAILING BIDS: If bids are sent by mail, they shall be sent by registered mail. Opaque envelopes containing bids must be sealed, marked and addressed as follows: Roanoke City Council c/o Clt~ Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 Place the following in lower left-hand corner of envelope: PURCHASE OF PARKING PERMITS AT TOWER PARKING GARAGE ROANOKE, VIRGINIA AGREEMENT THIS AGREEMENT is made and entered into this __ day of December, 1993, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the "City," and First Union Corporation of Virginia, a Virginia corporation, hereinafter referred to as "First Union": W I TNE S SETH: WHEREAS, First Union has agreed to create at least 200 new jobs in the Downtown Enterprise Zone between December 15, 1993 and July 1, 1994; and WHEREAS, after public advertisement, the City received bids for the purchase of a minimum of 200 and a maximum of 250 parking permits in the Tower Parking Garage on Salem Avenue in the Downtown area of the City; THEREFORE, the parties hereto mutually agree as follows: 1. First Union agrees to relocate 200 new jobs to the Downtown Enterprise Zone between December 15, 1993 and July 1, 1994. In order to verify the creation of such jobs, First Union shall submit to City on or before December 14, 1993, a certification of all job titles existing in the Downtown Enterprise Zone as of November 1, 1993 and the number of persons employed in those positions. This certification shall establish the base number of positions in the Enterprise Zone as of November 1, 1993. On July 1, 1994, First Union shall report to City the net gain in positions over the base number in the Downtown Enterprise Zone. 2. First Union shall purchase and City shall provide to First Union for a term of five (5) years, 250 parking permits for a cost of TWENTY-THREE DOLLARS ($23.00) per month or a monthly cost of FIVE THOUSAND, SEVEN HUNDRED AND FIFTY DOLLARS ($5,750.00). First Union shall remit the monthly cost to City of Roanoke, 15 Campbell Avenue, Roanoke, Virginia 24011 by the first of each month, provided however, that the cost for the period from December 15, 1993 to December 31, 1993 EIGHT HUNDRED AND SEVENTY paid by December 15, 1993. shall be in the amount of TWO THOUSAND, FIVE DOLLARS ($2,875.00) and shall be The fee for the period December 1, 1998 through December 15, EIGHT HUNDRED AND SEVENTY-FIVE DOLLARS 3. First Union agrees under this Agreement are employees of First Union transferable or assignable to any other entity or that the solely for the use of officers and its subsidiaries and are individual. 1998 shall be in the amount of TWO THOUSAND, ($2,875.00). parking permits purchased and not 4. First Union agrees that the permits purchased under this Agreement provide only the right to park a vehicle in the garage and does not provide First Union or its officers or employees any right or interest in any specific parking space. 5. In the event First Union shall fail to relocate 200 jobs to the Downtown Enterprise Zone by July 1, 1994, First Union agrees that it will pay the City the difference between the monthly rate available to the public for parking permits in the Tower Parking Garage during the period and the rate provided for in this Agreement for each of the 250 permits for the period from December 15, 1993 through June 30, 1994 and, further, this Agreement shall be deemed to be cancelled as of July 1, 1994. 2 6. This Agreement shall be for a term of five (5) years unless cancelled by the City pursuant to paragraphs five (5) or seven (7), provided however, that, expiration or cancellation of this Agreement shall in no way cancel any payment or repayment obligations made by First Union. 7. In the event that First Union shall fail to make its monthly payment by the 10th day of any given month, the City, at its option and upon ten (10) days written notice to First Union, may cancel this Agreement. Any payment in arrears shall be subject to a ten percent (10%) late fee. 8. This Agreement constitutes the entire Agreement of the parties hereto and supersedes all prior offers, negotiations and agreements between the parties. No amendment to this Agreement valid unless made in writing and signed by the parties shall be hereto. 9. This Agreement shall be governed by the Commonwealth of Virginia. IN WITNESS WHEREOF, the parties hereto have Agreement the day and year hereinabove written: ATTEST: CITY OF ROANOKE, VIRGINIA laws of the executed this Mary F. Parker, City Clerk By W. Robert Herbert, City Manager ATTEST: FIRST UNION CORPORATION OF VIRGINIA By ' ~ Vic~ President 3 7 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #27 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31808-121393 accepting a proposal and awarding a contract to Bio Gro Systems, Inc., for removal and disposal of a minimum of 6,000 dry tons of digested sludge from the Water Pollution Control Plant, at a unit price of $80.75 per dry ton, for a total sum of $484,500.00, for a period of one year; and authorizing the proper City officials to execute the requisite contract documents. Ordinance No. 31808-121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: William K. Blanchet, President, Bio Gro Systems, Inc., 180 Admiral Cochrane Drive, Suite 305, Annapolis, Maryland 21401 James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Steven L. Walker, Manager, Water Poliution Control Plant William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Sarah E. Fitton, Construction Cost Technician MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~,011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #27 William A. Burchell, President Robinson Pipe Cleaning Company P. O. Box 396 Eighty Four, Pennsylvania 15330-0396 Dear Mr. Burchell: I am enclosing copy of Ordinance No. 31808-121393 accepting a proposal and awarding a contract to Bio Gro Systems, Inc., for removal and disposal of a minimum of 6,000 dry tons of digested sludge from the Water Pollution Control Plant, at a unit price of $80.75 per dry ton, for a total sum of $484,500.00, for a period of one year; and authorizing the proper City officials to execute the requisite contract documents. Ordinance No. 31808-121393 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 13, 1993. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the removal and disposal of sludge from the Water Pollution Control Plant. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 13th day of December, 1993. No. 31808-121393. AN ORDINANCE accepting a proposal and awarding a contract for removal and disposal of sludge from the Water Pollution Control Plant; authorizing the proper City official to execute the requisite contract documents; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Bio Gro Systems, Inc., for furnishing all tools, labor, machinery and material necessary to remove, transport and dispose of a minimum of 6,000 dry tons of digested sludge from the Water Pollution Control Plant, at the unit price of $80.75 per dry ton for a total sum of $484,500.00, in a total time frame of one year is hereby ACCEPTED. 2. The City Manager or Assistant City Manager and the City Clerk are authorized for and on behalf of the City to execute and attest respectively the requisite unit price contract, on such for~ as is approved by the City Attorney, with the aforesaid firm, such contract to include provision for additional hauling with approval of this Council and four additional one year extensions of the contract, all in accordance with the City's plans and specifications made for such work, the terms of the proposal made to the City and any other provisions which the City Manager may deem necessary, 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. municipal In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia December 13, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: BID cOMMITTEE REPORT REMOVE, TRANSPORT, AND DISPOSE OF DIGESTED, LAGOONED SLUDGE FROM THE WATER POLLUTION CONTROL PLANT 1402 BENNINGTON STREET, S.E. ROANOKE, VIRGINIA Backqround: A. Bids, following proper advertisement, were publicly Opened and read aloud before City Council on July 26, 1993 for the above project. B. Two (2) bids were received, with Bio Gro Systems, Inc. of Annapolis, Maryland submitting the low bid of 580.75 per dry ton and a minimum of 6~000. and a maximum of 10~00q dry tons for a one year contract. C. Ten (10) firms requested and received the contract documents. Due to the time required to get land permit~ and fulfill other requirements for land application, this project was bid one year prior to its beginning -- it will go into effect in September, 1994. The $80.75 cost per dry ton is the bid for todays' market; the August 1994 actual cost per dry ton will be based on the 580.75 per dry ton bid to be adjusted by the Consumer Price'Index as published by the Philadelphia Office for Maryland and Virginia. This is the third time the City will have contracted for one year with the right to renew for four additional years based on the Consumer Price Index. D. Present contract, which is the fifth year of the second five year contract, is for ~89.6~ per dry ton. II. Issues in order of importance are: A. Compliance of the bidders with the requirements of contract documents. B. Amount of the low bid. C. Fundin9 for the project. the Honorable Mayor and Members of City council BID coMMITTEE REPORT REMOVE, TRANSPORT, AND DISPOSE OF DIGESTED, FROM THE WATER POLLUTION CONTROL PLANT Page 2 December 13, 1993 LAGOONED SLUDGE D. Tim~ of completion. III. Alternatives are: A. Award a contract to Bio Gro Systems, Inc. of Annapolis, Maryland, to remove and properly dispose of 6,000 dry tons of sludge from existing lagoons in one year at the Water Pollution Control Plant for ~80.75 per dry ton for a minimum contract of $484~500.0Q. 1. Compliance of the bidders with the requirements of the contract documents for bid submittal was met. 2. Amount of the low bid is acceptable. ~ for this project will require a minimum of 3. $484~500.00. (The contract is for one year for the ~emoval of a minimum of 6,000 dry tons at the unit price of 80~_~9~_/~per dry ton; we are now generating more than 10,000 dry tons.) Funding will be appropriated to account number 003-056-3150-2010 during the FY95 and FY96 budget process; funding to be made available from revenue from user charges. 4. Time of this contract is for one year with the right to renew for an additional four years. This contract will start on September, 1994. B. Reject the bids and do not award a contract at this time. 1. Compliance of the bidders with the requirements of the contract documents would not be an issue. 2. Amount of the low bid price would probably increase when rebid at a later date. 3. Funding would not be encumbered at this time. 4. Time to start removal of sludge from the lagoons would be delayed. It is imperative that the sludge removal continue without interruption; the last year of the present contract ends in August, 1994. Honorable Mayor and Members of City Council BID COMMITTEE REPORT REMOVE, TRANSPORT, AND DISPOSE OF DIGESTED, LAGOONED SLUDGE FROM THE WATER POLLUTION CONTROL PLANT Page 3 December 13. 1993 Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative "A". B. Authorize the City Manager to enter into a contractual agreement, in form approved by the City Attorney, with Bio Gro Systems, Inc. of Annapolis, Maryland, for the removal of sludge from the sludge lagoons and proper disposal of a minimum of 6,000 dry tons of sludge in one year at the unit price of $80.75 per dry ton for a minimum contract amount of }484,500.00. C. Funding to be generated from user fees and encumbered in account number 003-056-3150-2010 by the Director of Finance. D. Reject the other bid received. Respectfully submitted, William White, Sr.I, Chairman Kiser stun L. Walker WW/LBC/kp Attachment: Tabulation of Bids Honorable Mayor and Members of City council BID cOM~4ITTEE REPORT REMOVE, TRANSPORT, AND DISPOSE OF DIGESTED, LAGOONED SLUDGE FROM THE WATER POLLUTION CONTROL PLANT Page 4 December 13, 1993 WW/LBC/kp Attachment: Tabulation of Bids cc: City Attorney Director of Finance Director of Public works Director of utilities and Operations Manager, Water Pollution Control Plant Assistant to City Manager for community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets TABULAT~ION OF BIDS-- REMOVE, TRANSPORT, AND DISPOSE OF DIGESTED, LAGOONED SLUDGE FROM THE WATER POLLUTION CONTROL pLANT 1402 BENNINGTON STREET, S.E. ROANOKE, VIRGINIA Bids opened before City council on Monday, July 26, 1993 at 2:00 p.m. BIDDER Gro Systems, Inc. Robinson Pipe Cleaning Co. Minimum Contract for One Year: cOST PER DRY TON $80.75 $82.07 BOND YES YES william White Sr., C.~_irman K~t B. K~ser Steven . Walker office of City Engineer Roanoke, Virginia July 26, 1993 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 17, 1993 File #60-79 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, December 13, 1993, Council Member Howard E. Musser requested, in connection with the fiscal year 1994-95 budget, that you review whether or not it would be feasible to provide Council with figures as to what percentage of the sales tax and the utility tax is directly related to unfunded mandates, both at the federal and state levels. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: The Honorable Howard E. Musser, Council Member Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance